GENERAL TERMS AND CONDITIONS
INTRODUCTION:
Cookwithlocals.com constitutes an internet portal (address www.cookwithlocals.com), owned by “Mangia Marco” (Tax Code MNGMRC79D01L219J), with headquarters in CORSO MONTE CUCCO 137 / A Turin (hereinafter simply “Cookwithlocals”).
The portal’s mission is to connect people who want to learn how to cook traditional dishes and natives of the place willing to teach their own cuisine.
General terms and conditions between Cookwithlocals AND THE USER – INDIVIDUAL, these terms are a binding contract between the user who registers on the cookwithlocals.com portal, both host and registered users, visitor / member, and “Cookwithlocals”.
The portal is offered and available for users who have reached 18 years of age, if you are under 18 you should not use the portal www.cookwithlocals.com
Cookwithlocals reserves the right to change any policy or contractual condition of the www.cookwithlocals.com portal at any time and in its sole discretion. Any changes will be effective at the time the revisions are posted on the Site. Changes to policies and reference guidelines may be posted to hosts without notice.
Definitions
Host: Means the User who uses the Platform to offer their private cooking classes in exchange for a price freely agreed between the parties (Host and User).
User: Means the User who uses the Platform to request a private cooking class with a Host.
Single plate: indicates the reservation in which you will learn how to cook a single dish presented by the Host.
Menu: indicates the reservation in which you will learn to cook multiple dishes specified by the Host.
Experience: is a customized dining experience provided by a Host to a User and might include a meal, cooking experience, or market visit.
Website: means the website accessible at www.cookwithlocals.com and the domains connected to it.
Platform: indicates the booking platform on the website.
Booking: means any order related to a visit to the Host.
1) Services
1.1) The cookwithlocals.com portal is a site with the aim of connecting people who want to learn how to cook traditional and native dishes and are willing to teach their own cuisine.
1.2) The hosts are responsible for their own listings and services offered, by making and accepting a reservation the members enter into a contract directly with each other, excluding “Cookwithlocals” from being a party to such contract.
1.3) Hosts have the ability to upload their ads directly without any approval from “Cookwithlocals”, therefore “Cookwithlocals” has no control over the ads, does not guarantee their existence, safety, quality or legality, including Hosts; “Cookwithlocals” does not approve the registration of users or creation of services, the term verified only indicates that the user has carried out the verification or identification procedure, but this does not confer any guarantee of “Cookwithlocals” towards the host or others site members. The user must always evaluate his responsibility and awareness in accepting to host an end user to offer his service, or to take advantage of a service offered by a host.
1.4) The Hosts acknowledge that the relationship with “Cookwithlocals” is as an independent third party contractor, therefore never as a direct employee, partner, joint venture or agent, acting on their own behalf and not on behalf of “Cookwithlocals”.
1.5) Cookwithlocals Faculty, Powers and Rights
Given that on the Cookwithlocals.com Portal, subscribers can, without any filter or possibility of prior control by the Portal Manager, publish content (including reviews / evaluations / information on products / posts published), Cookwithlocals is not required to carry out (reserving, however, the right) any control, neither preventive nor subsequent on any of the contents and / or data uploaded by users (with the relative disclaimer clause, as per the specific section of this contract).
In any case, the User acknowledges and accepts that Cookwithlocals has the right, at any time, to remove / modify (following notification) any content in its sole discretion, as well as verify the veracity of the information provided by the User, without this constituting an assumption of responsibility which is expressly borne by the User.
In addition, the User, with his registration request on the Portal, or in any case, with the use of this site, recognizes Cookwithlocals (among other things) the following powers, faculties and rights:
– refuse registration to the portal;
– suspend and / or cancel the account and / or request the correction of data, at its sole discretion, without any motivation or communication;
– suspend and / or interrupt access to the portal or the use of some or all of the services, at its sole discretion, towards the generality of users, such as one or more specific users;
– suspend and / or interrupt marketing activities and / or initiatives at your own unquestionable choice or exclude one or more users from them;
– grant third parties the insertion of advertising messages on the Portal;
– interrupt, at any time, the services for maintenance or other technical reasons;
– modify and / or add and / or delete unilaterally, and with novative effect, the clauses of this contract; such changes become effective at the time of their communication, carried out in the manner established in this contract.
– transfer this contract to third parties and replace a third party in some or all or some of the relationships arising from the contract itself, in accordance with the applicable legislation, without obligation of any communication and without the need for consent from the User;
– remove and / or modify any content uploaded by the User to the portal and / or prevent its publication, at its sole discretion, without any motivation or communication;
– any other faculty, right and power that can be derived explicitly or implicitly, directly or indirectly from the contract or from regulatory provisions.
The User acknowledges Cookwithlocals the irrevocable right, without provision of any kind of consideration in favor of the User, to keep, copy, publish, analyze, modify, share and market, any content, data, contributed or suggestions uploaded by the same. or sent on / through the portal, with the right also to prepare derivative works from it as well as collect these in the database and submit them to any operation.
In correlation with the above, the User waives all claims and rights, for whatever reason, on the contents uploaded by the same.
1.6) How to access and use the Portal
The User, by accepting the terms and conditions of use of the site, according to the methods set out in this contract, acknowledges and accepts all the limitations and obligations established by the same contract with regard to access and use of the site , expressly committing to comply with these obligations and limitations.
Access to the site is allowed only through a browser or mobile device. The User is not allowed under this contract:
– access to the Portal through technologies such as spidering, scraping, crawling or other similar methods or in any case through bots or other automated procedures to carry out any activity including, by way of example and not limited to, adding, searching or uploading contacts, or transmitting or forwarding messages;
– carry out activities consisting in the so-called framing to the Site, meaning by this term, the creation of “framing” links designed to allow access and navigation of the Site within a “frame” of the page of a third party site.
The User undertakes, in using the Portal, to:
– not to carry out the disassembly, reverse engineering, decryption, decompilation, or other practices aimed at decoding the source code used by “Cookwithlocals”, which remains the exclusive property of the same;
– not to clone or simulate the Portal in any way;
– not to violate any security component of the Site;
– not to carry out “framing” or “mirroring” activities;
– not to create unreasonable loads on the Portal, or damage of any kind, on the infrastructure, servers, networks and search algorithms or the management / processing / processing of data provided by users;
– not to carry out activities that are in any case likely to damage the Portal or interfere with its correct functioning;
– not to use the Portal or any of the services in exorbitant terms or in any case different from those established in this contract.
Users are also prohibited from using the information and materials contained on the Site for commercial purposes. This prohibition also includes, by way of example only, the exclusion of the right, for anyone other than “Cookwithlocals”, to be able to establish with the contents of the Site databases for any purpose.
The User also acknowledges and accepts that all costs for the internet connection, necessary for accessing the Site, are his sole responsibility and depend solely on his telephone operator.
“Cookwithlocals” reserves the right to provide access to any additional functions and services on the Portal by logging in to another portal owned by third parties.
Access to these sites remains governed by the conditions established by the relative owners. The User therefore acknowledges that “Cookwithlocals” remains totally unrelated to the provision and management of personal data in this phase, in all respects, with the correlative exclusion of any and all liability.
1.7) “Cookwithlocals” cannot be held responsible for any interruptions or inconveniences of the network (internet) or of the telecommunications infrastructures that offer the service, as they are beyond the control of “Cookwithlocals”, also “Cookwithlocals” can limit the availability of the platform for reasons of functionality. and security of its servers, any changes to the portal, if they do not have significant effects on contractual obligations, will not be communicated.
2) Use of the platform
2.1) To access and use the portal and register you must be 18 years old.
2.2)By requesting registration on the Portal, or by accessing or using the Site, the User undertakes, in addition to the obligations set out in the additional clauses of this contract:
– to promptly comply with each of the clauses and / or provisions and / or procedures contained in each part of this contract as amended and / or supplemented unilaterally by Cookwithlocals from time to time;
– the use of all the services provided on the Portal in full compliance with any and all applicable regulatory provisions, including laws and acts having the force of law, regulations, uses and customs, and maintaining, in any case, a conduct oriented to principles of correctness and transparency according to standards of maximum diligence;
– to register by providing truthful and compliant data as requested in the registration form;
– access the site only in the manner permitted, established by this contract.
– not to publish reviews and / or evaluations and / or information about companies / entrepreneurs “employers”, or any other content (in any form) having a defamatory, offensive, not true or otherwise illegal, obscene and / or contrary to public decency;
– not to publish or transmit through the Portal contents constituting SPAM or “chain letters”, or other contents in any case illegal, harmful or dangerous (such as viruses, worms, codes, files or programs capable of interrupting or damaging the functionality of other software or hardware);
– not to violate any confidentiality agreements with third parties;
– not to upload information of a confidential or secret or confidential nature;
– not to infringe the applicable provisions on privacy and not to upload or collect personal and / or sensitive data of third parties;
– not to remove or obscure notices and announcements of any kind or advertising on the Portal;
– provide the Site Managers with prior information regarding the obligation to act, pursuant to mandatory provisions, at least 30 days before the commission of such actions.
3) Account registration
3.1) In order to publish advertisements / services it is necessary to register a Host user, in case you register as a company, organization or other legal entity, you declare and accept responsibility that you have the legal authority to bind this subject and to grant us the authorizations and licenses present in the Terms.
3.2) You can register as a host using your e-mail and creating a password, or with third-party services such as social networks (eg facebook or google).
3.3) The user is obliged to provide accurate, truthful, correct and up-to-date data at the time of registration, and to keep them as such even after registration.
3.4) You may not register more than one (1) Host account, unless directly granted by “Cookwithlocals”; the user cannot even transfer his account to third parties.
2.5) The responsibility for maintaining the confidentiality and security of the login credentials of their account lies with the individual user, who declares not to disclose them to third parties; in case the single user has the doubt that his credentials have been lost or stolen, he must immediately inform “Cookwithlocals”, the user is responsible for the activities carried out with his account.
2.6) The credentials provided upon registration (username and password) must be used exclusively by the User and cannot be transferred to third parties. The User must notify Cookwithlocals in case of suspicious use of the same.
2.7) The User agrees to hold Cookwithlocals harmless from any compensation obligation, penalty deriving from and / or in any way connected to the violation by the User of the rules on registration to the Site. The User is solely responsible for accessing the Portal using the credentials registration and is directly liable for any damage or prejudice caused to Cookwithlocals and / or to third parties by improper use, loss, misappropriation by others or failure to protect adequate confidentiality of their registration credentials. All operations carried out using the registration credentials are considered to have been carried out by the User to whom the registration credentials refer. Cookwithlocals cannot guarantee the identity of registered Users, so it explicitly disclaims any responsibility for the use of the identity of a registered User by unregistered third parties. Users undertake to immediately notify Cookwithlocals of the loss, removal and / or disclosure of their username and password, by communicating it to the address info@cookwithlocals.com.
4) Contents
4.1) Industrial and intellectual property rights.
All rights, powers and faculties relating (or, in any case, connected) to intellectual and industrial property, as well as to the right of use and exploitation of trademarks, domain names (including the domain www.Cookwithlocals.com), company names, companies , signs, graphics, Cookwithlocals.com and graphic signs of the Portal (including, by way of example and not limited to: buttons, icons, forms, logos, etc.), slogans used, as well as any other distinctive sign and content that appears on the Portal, as well as codes, software, search algorithms and data processing, relating, in any way, to the Site itself, are and remain the exclusive property of Cookwithlocals.
Trademarks and domain names, company names, companies and signs of third-party companies whose ownership remains with the latter are excluded.
All the contents of the Portal (by which it is intended, by way of example and not exhaustive: texts, logos, slogans, graphics, images, videos, audio reproductions, databases, graphics and tables, drawings) fall under the protection and protection of regulatory provisions in force on industrial property right, as well as copyright, with a correlative prohibition, for anyone without ownership rights on the contents themselves, to their copying, reproduction, extraction and reuse in any form (also as metatags or language and / or html command suitable for similar purposes).
4.2) By uploading the content on the portal you grant “Cookwithlocals” a non-exclusive license, usable all over the world and royalty-free, sublicensable and transferable, in order to access, use, copy, store, modify, create derivative works, distribute, transmit or disclose in any way to promote the portal. & lt; strong & gt; Use of Host images and data & lt; / strong & gt;
By registering as a Host you give your consent to use all the images and personal data published by you; this use can be aimed at advertising the individual Host and the portal itself on the web, (for example on social networks) or even on the cookwithlocals.com portal
4.3) The User assumes responsibility for the data of third parties published or shared through the Website and guarantees to have the right to communicate or disseminate them, freeing “Cookwithlocals” from any liability to third parties.
5) Costs of the service
5.1) “Cookwithlocals” may charge the Hosts costs, both during registration and for the services offered, as a fee for the use of the cookwithlocals.com platform and management costs.
5.2) Any fees will be presented to the Host or Guest User prior to posting or booking, “Cookwithlocals” reserves the right to change the costs of the service at any time by providing adequate notice before they are made, without affecting any bookings made before this change.
5.3) The user is responsible for paying the costs due to “Cookwithlocals”, at the time of booking the user will pay a percentage of the total amount, by credit card with Stripe or Paypal; this phase can take place outside the cookwithlocals.com website and all the information provided will be subject to the security systems provided by the payment system manager or within the Cookwithlocals platform through external software that allow you to send and receive payments via the internet. “Cookwithlocals” and the Hosts will not be aware of the information provided, which will be fully managed by the payment manager. The balance will be paid directly to the Host at the time of the visit.
It is advisable to check the accepted payment methods directly with the Host, however “Cookwithlocals” cannot be held responsible in the event of the Host being unavailable for any payment methods.
5.4) Cookwithlocals is authorized to take the product ordering service offline for any reason it deems appropriate and cannot be held responsible for any unavailability, for any reason, of the product or parts purchase service at any time or of products. indicated as available on the Site, and for any period of time.
5.5) THE EXPOSED PRICES ARE NET OF THE SPECIFIC TAXES OF EVERY SINGLE NATIONALITY / NATION / COUNTRY, the user will not have to pay any surcharge when using a service at the Host, this will be required to issue a receipt / invoice specifying the total of what is perceived.
5.6) If the purchase is made by a professional, it will be possible to request the issuance of the invoice / receipt to Cookwithlocals relating to the deduction on the service offered by email to info@cookwithlocals.com including tax code and / or VAT number.
5.7) 5.7) Cookwithlocals does not withhold any commission, the host and the customer will agree directly on the method of payment.
6.1) The Host registration fee is annual and varies according to the type of Host selected, at the end of that year in case of non-renewal the Host user and all dishes / menus / experiences associated with it will be canceled, unless extended, to free of charge, which may be communicated in advance by Cookwithlocals. When creating an advertisement, the Host must provide all the necessary, correct and complete information, both during registration and keep it updated later (example: advertisement description, location, availability).
6.2) The price of each individual advertisement is defined by the individual Host, taking into account all applicable taxes or expenses, at the time of the creation of this announcement, the Host cannot in any way request an increase following the booking.
6.3) All contents in the announcement, from photos, general information (for example languages spoken) must be truthful and reflect the real qualities of the Host’s services, “Cookwithlocals” reserves the right to adapt the images and texts to the needs of the portal, in order to optimize the services offered (servers and visual content).
6.4) The positioning or ranking of the ads in the search results may vary depending on the price, availability, reviews, nationality and type of Host.
6.5) By the time you post an advertisement and it is booked by a guest / user, the host is entering into a legally binding contract with that guest and you are obligated to provide the service as described in the advertisement at the time of booking. You agree to pay Host fees and applicable taxes.
6.6) We recommend that Hosts take out insurance to cover any damage caused to guests during the experience offered.
6.7) Hosts have the possibility to publish single or multiple advertisements, depending on the type of Host, this number may vary at the discretion of “Cookwithlocals”.
6.8) Common sense rules, the Host buys the ingredients guaranteeing the authenticity and freshness of these ingredients, it is forbidden by the Host to propose an experience under the influence of drugs or alcohol, “Cookwithlocals” reserves the right to join. by legal means to protect their image.
6.9) By registering on the site, the Hosts declare that they comply with the regulations in force in their country in order to be able to offer their services, “Cookwithlocals” will not carry out specific checks and cannot be held responsible for any irregularities of the individual Hosts.
7) Guest Terms
7.1) Given the compliance with the requirements of each individual experience / activity offered by a Host, the user can book his experience in the portal, all fees will be presented before booking.
7.2) When you book a service and receive confirmation of this reservation, a binding contract is stipulated between the user and the Host.
7.3) If you book a service on behalf of a third party you must guarantee the requirements established by the Host and that they are aware of the Terms and conditions established by the Host. If you are making a reservation for an additional minor guest, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors can participate in an Experience, Event or other Host Service only if accompanied by an adult responsible for them.
7.4) During an experience the user is required to follow all the instructions of the Host.
7.5) You cannot bring any additional individual to an Experience, Event or other Host Service unless that individual has been added by you as an additional guest during the booking process on the Platform.
7.6) Common sense rules, guests are prohibited from presenting themselves to an experience under the influence of drugs or alcohol, in case the Host evaluates to be in a safe situation, it can act directly by taking immediate measures, in compliance with current regulations of your state / nation.
8) Reservations of dishes, menus or experiences
8.1) You must read the description of each service offered, it is advisable to communicate any intolerances, allergies, or any other problem, always at the discretion of the individual user, before making a reservation, to be sure that the Host is able to provide a service adapted to the individual needs of the user.
8.2) Cancellation of the Reservation and no-show for the visit by the user
The user has the right to cancel the reservation made within 24 hours before the event.
The reservation made is non-refundable and, therefore, in the event of cancellation, the user will not be able to request a refund of the percentage of the total amount paid, already paid (art. 55, par. 1, lett. B, Cod. Cons.) .
If the user cancels the Reservation, the balance of the visit will not be due to the Host.
8.3) If a Host cancels a confirmed booking, the guest will receive a full refund of the amount paid.
8.4) In the event of weather conditions such as to be a safety risk for Guests, Hosts may modify or cancel the service offered.
8.5) “Cookwithlocals” may cancel a booking request or a confirmed booking on behalf of a Host or Guest and undertake the respective refunds and payments.
8.6) Once the Order Confirmation has been issued by Cookwithlocals, the Order can no longer be modified,
9) Ratings and reviews
9.1) Registered users of the portal can leave reviews and ratings with stars on their experience, these are not verified by “Cookwithlocals” and as such may not be truthful or be misleading.
9.2) Reviews must not be defamatory or offensive.
9.3) Members and Hosts are prohibited from manipulating and altering ratings in any way, such as pushing third parties to make positive or negative reviews.
10) Liability – Damage to objects and people.
10.1) “Cookwithlocals” deals exclusively with the management of the Booking Platform present on the Website, putting users and Hosts in contact. “Cookwithlocals” does not deal with the organization and content of experiences. All relations relating to the implementation of the experiences will be regulated directly between the user and the Host where the visit will be made. “Cookwithlocals”, its employees, operators and representatives, therefore, cannot be held responsible, for any reason, for any damage, of any type and nature, direct or indirect, property or non-property, which may be caused to users or third parties, as a result of, or in any case, in connection with any behavior adopted by the Host or by third parties (by way of example only, “Cookwithlocals” will not be liable in the event of failure to carry out the visit due to force majeure or for other reasons directly or indirectly attributable to the Host).
In any case, where required by law or judicially ascertained, the liability of “Cookwithlocals” will be considered limited to the amount it receives for the execution of the contract.
10.2) Guests and Hosts are encouraged to resolve any disputes between them as the contract stipulated during the booking phase is between these parties (guest and host) and the responsibility of the users.
10.3) Any aspect in any case concerning the relationship between the User and Cookwithlocals is governed exclusively by the Italian version of this contract and, therefore, by the following documents of which it consists: (A) General conditions of contract between Cookwithlocals AND L ‘USER – INDIVIDUAL, (B) declaration of approval of the clauses pursuant to art. 1341 and 1342 of the Italian Civil Code; (C) the Privacy Policy; (D) Brief information on the use of cookies.
Therefore, any versions in a language other than Italian of the aforementioned documents will be understood as provided solely for the convenience of the user without any effectiveness and remain unproductive in effect.
All the clauses limiting liability and / or compensation for damage and / or indemnification and / or statutory rights and powers in the interest of Cookwithlocals are also intended to be extended to the directors, shareholders, collaborators and employees of the aforementioned company, as well as to any participating, investee, subsidiary or parent companies.
All the provisions with which the User confers his / her acceptance that Cookwithlocals carries out the conservation, processing, transfer and sharing of personal data must also be understood as extended in favor of any third-party companies, or any participating / investee companies / subsidiaries / parent companies of Cookwithlocals itself that, for whatever reason, are found to have access to the data provided by the User or are transferees of the data.
11) Cookwithlocals faculty, powers and rights
Given that on the Cookwithlocals.com Portal, subscribers can, without any filter or possibility of prior control by the Portal Manager, publish content (including reviews / evaluations / information on products / posts published), Cookwithlocals is not required to carry out (reserving, however, the right) any control, neither preventive nor subsequent on any of the contents and / or data uploaded by users (with relative disclaimer clause, as per the specific section of this contract).
In any case, the User acknowledges and accepts that Cookwithlocals has the right, at any time, to remove / modify (following notification) any content in its sole discretion, as well as verify the veracity of the information provided by the User, without this constituting an assumption of responsibility which is expressly borne by the User.
In addition, the User, with his registration request on the Portal, or in any case, with the use of this site, acknowledges Cookwithlocals (among other things) the following powers, faculties and rights:
– refuse registration to the portal;
– suspend and / or cancel the account and / or request the correction of the data, at its sole discretion, without any reason or communication;
– suspend and / or interrupt access to the portal or the use of some or all of the services, at its sole discretion, towards the generality of users, such as one or more specific users;
– suspend and / or interrupt marketing activities and / or initiatives at its sole discretion or exclude one or more users from them;
– grant third parties the insertion of advertising messages on the Portal;
– interrupt, at any time, the services for maintenance or other technical reasons;
– modify and / or add and / or delete unilaterally, and with effect, the clauses of this contract; such changes become effective at the time of their communication, carried out in the manner established in this contract.
– transfer this contract to third parties and replace a third party in some or all or some of the relationships deriving from the contract itself, pursuant to the applicable legislation, without any obligation of any communication and without the need for consent from the User;
– remove and / or modify any content uploaded by the User to the portal and / or prevent its publication, at its sole discretion, without any reason or communication;
– any other faculty, right and power that can be derived explicitly or implicitly, directly or indirectly from the contract or from regulatory provisions.
The User acknowledges Cookwithlocals the irrevocable right, without provision of any kind of consideration in favor of the User, to keep, copy, publish, analyze, modify, share and market, any content, data, contributed or suggestions uploaded by the same. or sent on / through the portal, with the right also to prepare derivative works from it as well as collect these in the database and submit them to any operation.
In correlation with the above, the User waives all claims and rights, for whatever reason, on the contents uploaded by the same.
12) Waivers by the user, Cookwithlocals disclaimer clauses and indemnity in favor of the same
12.1) The User, by virtue of this contract, acknowledges and accepts that Cookwithlocals as well as its directors and employees and any subsidiary / parent / associated companies are in no way responsible: (1) for the content published by Users (therein including, reviews, ratings and / or information relating to published products / links); (2) the content of the advertisements (including advertising), made by users registered on the Portal or third parties, as well as by Cookwithlocals itself, and the activities (promotional and marketing) carried out by them; (3) the conservation, possible loss, theft or damage of the data provided by the User; (4) of the activities carried out by commercial partners in connection with the Portal; (5) for any damage caused by the interruption of the service or its malfunction.
The User also acknowledges and accepts that Cookwithlocals does not deal in any way with the management of the meeting between job demand and offer, the published material or publication of availability to hold cooking lessons, without any responsibility for the content. and the veracity of such announcements (which falls solely on said third parties).
Furthermore, the User, with the conclusion of this contract, acknowledges and accepts that Cookwithlocals as well as its administrators and employees: (1) have no obligation of confidentiality, expressed or implied with reference to the data, contributions or content of the User uploaded or otherwise provided to the Site; (2) do not undertake any obligation to guarantee the uninterrupted or inconvenient operation of the site, or of any other service connected to the Site; (3) are not responsible in any way and for any reason for the truthfulness and correctness of the information provided by each user, which is entered directly by the latter without a prior filter by Cookwithlocals;(4) have no obligation to carry out checks or verifications on any data or content uploaded / transmitted by the User on / via the portal; (5) are not responsible in any way (or for any reason) for any offensive, defamatory nature, in violation of confidentiality agreements or otherwise illegal content uploaded or transmitted by users through any function of the Portal; (6) assume no responsibility (for any reason) in relation to any illegal conduct of members (including, by way of example and not limited to, identity theft or any other use of information or identity of others).
Furthermore, the User acknowledges and accepts that the contents uploaded by the same on the Cookwithlocals.com portal can be viewed by anyone who connects to the same portal and accepts that Cookwithlocals is not responsible for improper use and / or appropriation. by third parties and / or other users of Cookwithlocals.com, of their data and / or information, however uploaded on the portal or visible through the site itself.
The disclaimer clauses in favor of Cookwithlocals, imply the express waiver (regardless of the legal title invoked) by the User to exercise, against Cookwithlocals (or their respective directors or employees), of any action (for any reason), judicial and / or extrajudicial (including those pursuant to Legislative Decree 28/2010 and Legislative Decree 132-2014, converted with Law 162 of 10.11.2014), or claim in any case connected to the subject of waiver. In any case, in addition to any other limitation of liability and waiver clause referred to in this contract, the User, by requesting registration on the Site, or in any case using the site itself, expressly waives (for all purposes, by law and reason) to take judicial or extrajudicial actions (in any capacity) against Cookwithlocals (as well as its directors and employees) to obtain the interruption or limitation of services, or to obtain the elimination, cancellation or removal of content or advertising from the Site, or for compensation for damages caused by third parties and / or users through the use of the services rendered by the Site.
The User (for all purposes of law and reason) gives an express and broadest indemnity and guarantee in favor of Cookwithlocals and its administrators and employees (undertaking to restore them and keep them harmless) for any and all possible prejudice or form of responsibility that (for any reason) it should be configurable (pursuant to the applicable legislation or that of the User’s country or any third country) in relation to the same in correlation:
– when the User uploads content of any kind (including, by way of example and not limited to the reviews / evaluations of “employers”) that are inaccurate, untrue, defamatory, violating confidentiality agreements or however offensive towards any third party, or in any case illegal;
– the use of the services by the User;
– to any conduct by the user in any case connected to the use of the Portal.
12.2) Survival of the withdrawal / termination clauses of this contract
All clauses relating, directly or indirectly, to: (1) waivers in favor of Cookwithlocals (as well as its directors and employees) survive the eventual withdrawal and / or termination of this contract, as well as the cancellation of the User from the Portal. ; (2) exclusion / limitation of liability in favor of Cookwithlocals (as well as its directors and employees); (3) indemnification / indemnification in favor of Cookwithlocals (as well as its directors and employees); (4) storage / transfer and processing of personal data; (5) faculties, powers and rights of Cookwithlocals (as well as its directors and employees); (6) obligations of the Users; (7) procedures for communications; (8) the interpretation of the contract; (9) the applicable legislation; (10) the exclusive forum.
12.3) Communications
The User acknowledges and accepts that all communications addressed to him by Cookwithlocals will be made exclusively by inserting a special notice – banner within the pages of the Portal, or by sending to the e-mail address associated with the account. of the User.
The communications are understood, for all legal purposes and reasons, to be known by the User from the time the banner is placed on the portal, or from the sending of the e-mail, explaining the effectiveness from that moment.
Any and all communication to Cookwithlocals will be made exclusively to the following address: Corso Monte Cucco 137 / a Turin (TO- Italy)
13) Dispute Resolution and Arbitration Agreement
13.1) Interpretation of the contract
Any aspect, however, concerning the relationship between the User and Cookwithlocals is governed exclusively by the Italian version of this contract and, therefore, by the following documents of which it consists: (A) General conditions of contract between Cookwithlocals AND THE USER – INDIVIDUAL, (B) declaration of approval of the clauses pursuant to art. 1341 and 1342 of the Italian Civil Code; (C) the Privacy Policy; (D) Brief information on the use of cookies.
Therefore, any versions in a language other than Italian of the aforementioned documents will be understood as provided solely for the convenience of the user without any effectiveness and remain unproductive in effect.
All the clauses limiting liability and / or compensation for damage and / or indemnification and / or statutory rights and powers in the interest of Cookwithlocals are also intended to be extended to the directors, shareholders, collaborators and employees of the aforementioned company, as well as to any participating, investee, subsidiary or parent companies.
All the provisions with which the User confers his / her acceptance that Cookwithlocals carries out the conservation, processing, transfer and sharing of personal data must also be understood as extended in favor of any third-party companies, or any participating / investee companies / subsidiaries / parent companies of Cookwithlocals itself that, for whatever reason, are found to have access to the data provided by the User or are transferees of the data.
13.2) Applicable legislation
This contract and any action, question and / or dispute, however connected and / or attributable to it, will be fully and exclusively subject to and governed by the legislation in force in the legal system of the Italian Republic (“applicable legislation”), regardless of the country of origin of the parties or from the one from which the Portal is accessed or the contract is concluded.
13.3) Exclusive court
The contracting parties jointly establish and accept, by virtue of this contractual agreement, that any and all disputes that may arise between them, for whatever reason, with reference to the contract itself, or to any aspect connected with the Portal and related services, are devolved to the exclusive and mandatory jurisdiction of the Court of Turin.
B. APPROVAL OF THE CLAUSES pursuant to art. 1341 and 1342 of the Italian Civil Code
Pursuant to and for the purposes of articles. 1341 and 1342 of the Italian Civil Code By registering, you declare that you have read and expressly accept each of the following clauses:
2. Registration and conclusion of the contract
3.Storage, treatment, processing and transfer of the User’s personal data
4. Consent to the processing of personal data for commercial, advertising, promotional and marketing activities
7.Cookwithlocals’ faculty, powers and rights (Cookwithlocals’ right / right to suspend / interrupt the execution of the contract, to assign the contract; Cookwithlocals’ powers, rights and rights over the content uploaded by users and related waivers by the latter ius variandi by Cookwithlocals);
9. Waivers by the user, Cookwithlocals disclaimer clauses and indemnity in favor of the same
10.Survival of the withdrawal / termination clauses of this contract
11 Communications
12. Interpretation of the contract
13. Applicable legislation
14. Exclusive forum
