This document sets forth the general terms and conditions of use of the MiDika website, which offers a Digital Menu service
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
The Application provides Users with the ability to view menus of different restaurants in multiple languages.
Use of the Application implies User's acceptance of the Terms. If You do not intend to accept the Terms and/or any other notices, legal notices, disclosures posted or referred to therein, You may not use the Application or its services.
The Terms may be changed at any time. Any changes will be in effect from the time they are posted on the Application.
Before using the Application, you should read the Terms carefully and save or print them for future reference.
The Owner reserves the right to change at its own discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
All content of the Application, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal uses, you may not copy, alter, distribute, publish or use the Content without specific permission from the Owner.
The Application is provided on an "as is" and "as available" basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly beyond the Owner's control or due to force majeure events.
The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its suppliers.
The Owner will also not be responsible for any damages, losses and costs incurred by the User as a result of failure to perform the contract for reasons beyond its control.
The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment,
The Holder will not be responsible for:
In no event shall the Owner be liable for more than twice the amount of the cost paid by the User.
The Holder shall not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, unforeseen and unforeseeable events and, in any case, beyond its control.
The Holder's performance of obligations will be considered suspended for the period during which force majeure events occur.
The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
The Conditions are subject to Italian law.
For Professional users, any dispute relating to the Application, performance and interpretation of these Terms shall be subject to the jurisdiction of the court of the place where the Owner is located.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the "consumer forum" pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.
It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.
The User Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. Such a tool can be used by the User Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the User Consumer may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/