These terms of service constitute a legally binding agreement (the “Agreement” or “Terms”) between you and FV SERVICE S.R.L.S. governing your use of the website and technology platform . By entering into this Agreement, and/or by using or accessing the FV SERVICE S.R.L.S.platform (whichever comes first), you expressly acknowledge that you understand this Agreement (including the dispute resolution provisions herein) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE FV SERVICE S.R.L.S. PLATFORM.
KEY DEFINITIONS
“Client” means a User who is accessing the Platform to seek and/or manage Services for the benefit of a third-party. A Client is typically a manufacturer or retailer who creates a Service Request on behalf of a Consumer.
“Collective Content” means User Content and FV SERVICE S.R.L.S.Content together.
“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, service requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
“Consumer” means a User who is accessing the Platform to seek services, makes a booking with a Service Provider to purchase a service, is the beneficiary of a service created by a Client, or otherwise uses the Platform to, or agrees to these Terms in order to, receive, pay for, review, or facilitate the receipt of services. Because a Consumer may be, or may become, a customer of a Service Provider, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform.
“Fee” or “Charge” means any amount charged by FV SERVICE S.R.L.S.to a User in connection with the Platform.
“FV SERVICE S.R.L.S.Content” means all Content FV SERVICE S.R.L.S.makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.
“Platform” means all FV SERVICE S.R.L.S.websites, mobile or other applications, software, processes, subscription services, and any other services.
“Privacy Policy” means the FV SERVICE S.R.L.S.Privacy Policy, including any amendments, supplements or modifications thereto made from time to time.
“Services” means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Providers, or sought, scheduled, paid for, or received by Consumers or Clients, through the Platform.
“Service Provider” means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Services. Service Providers are often referred to as “pros” or “providers” on the Platform.
“Service Request” means a User-submitted request, booking, or order for a specific service to be performed by a Service Provider for a Consumer or Client. Service Requests are also commonly referred to as “jobs” on the Platform.
“Technician” means the individual dispatched by a Service Provider to perform the work for a User.
“User” means a person or entity who completes account registration process (including automatic registration upon creating a Service Request), agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits , including but not limited to Service Providers and Consumers.
“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, service requests, messages, and payments made through the Platform.
PLATFORM OVERVIEW
The FV SERVICE S.R.L.S.Platform provides a platform where persons who seek assistance with product assembly, installation, delivery, and/or related services (“Consumer” or “Client”) can be matched with organizations/persons capable of providing such services (“Service Providers”). Consumers, Clients, and Service Providers are collectively referred to as “Users”. As a User, you authorize FV SERVICE S.R.L.S.to match you with a Consumer or Service Provider, as the case may be, based on factors such as your location, type of service requested, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the services provided by Service Providers to Consumers that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Service Provider to a User shall constitute a separate agreement between such persons. Users understand and agree that Services are fulfilled by Service Providers, and that Service Providers are not FV SERVICE S.R.L.S.employees, contractors, consultants, joint venturers, partners, or agents.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, FV SERVICE S.R.L.S.grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by FV SERVICE S.R.L.S.or our licensors, except for the licenses and rights expressly granted in these Terms.
THIRD PARTY APPLICATIONS
The FV SERVICE S.R.L.S.Platform may use and/or integrate with third-party software, applications, and/or website services. These services have their own respective Terms of Service and Privacy Policies. By using the FV SERVICE S.R.L.S.platform, you agree to abide by the policies of any third-party service utilized by the Platform.
ELIGIBILITY
The FV SERVICE S.R.L.S.Platform may only be used by individuals who can form legally binding contracts under applicable law. The FV SERVICE S.R.L.S.Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
MODIFICATION TO THE AGREEMENT
FV SERVICE S.R.L.S.reserves the right, in our sole discretion, to modify these Terms and any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the FV SERVICE S.R.L.S.Platform after any such changes shall constitute your consent to such changes.
YOUR INFORMATION
Your Information is any information you provide, publish or post to or through the FV SERVICE S.R.L.S.Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any FV SERVICE S.R.L.S.-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the FV SERVICE S.R.L.S.Platform and participate in the Services. Our collection and use of personal information in connection with the FV SERVICE S.R.L.S.Platform and Services is as provided in FV SERVICE S.R.L.S.’s Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for the online posting of your Information. You agree to provide and maintain accurate, current, and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable FV SERVICE S.R.L.S.to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to exercise the intellectual property (including copyright), publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information, to prepare derivative works, and incorporate into other works, such Information, in each case in any media now known or not currently known. FV SERVICE S.R.L.S.does not assert any ownership over your Information; rather, as between you and FV SERVICE S.R.L.S., subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
PROMOTIONS AND DISCOUNTS
FV SERVICE S.R.L.S., at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing on your Agreement or relationship with . FV SERVICE S.R.L.S.reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that FV SERVICE S.R.L.S.determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
RESTRICTED ACTIVITIES
As a User of the FV SERVICE S.R.L.S.Platform you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person;
violate any law, statute, rule, permit, ordinance or regulation;
circumvent, or seek to circumvent, payment through the Platform for a Service Request created within the Platform;
create a Service Request with no intention of having such request performed by a Service Provider;
interfere with or disrupt the FV SERVICE S.R.L.S.Platform or the servers or networks connected to the FV SERVICE S.R.L.S.Platform;
post Information or interact on the FV SERVICE S.R.L.S.Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the FV SERVICE S.R.L.S.Platform in any way that infringes any third party’s rights;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
manipulate identifiers in order to disguise the origin of any information transmitted through the FV SERVICE S.R.L.S.Platform;
“frame” or “mirror” any part of the FV SERVICE S.R.L.S.Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the FV SERVICE S.R.L.S.Platform or any software used on or for the FV SERVICE S.R.L.S.Platform;
rent, lease, lend, sell, redistribute, license or sublicense the FV SERVICE S.R.L.S.Platform or access to any portion of the FV SERVICE S.R.L.S.Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the FV SERVICE S.R.L.S.Platform or its contents;
transfer or sell your User account, password and/or identification to any other party;
send communications to a User that is not directly related to a Service Request;
fail to comply with a User’s request to no longer receive phone calls, text messages, e-mails, or any other communications from you;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
cause or assist any third party to engage in the restricted activities above.
SERVICE PROVIDER AGREEMENTS
By providing Services as a Service Provider on the FV SERVICE S.R.L.S.Platform, you represent, warrant, and agree that:
you are a customer of FV SERVICE S.R.L.S., and are therefore not an employee, contractor, consultant, joint venturer, partner, or agent of FV SERVICE S.R.L.S..
you are responsible for your employees, contractors, staff, and/or agents actions under this Agreement.
you understand that there may be additional terms, policies, and/or guidelines outlined in the Service Provider Help Center that govern your use of the Platform.
you will never attempt to collect payment for Service(s) from Consumer or Client through means outside of the Platform;
you are liable for any damages caused to a third party’s property and belongings, while representing FV SERVICE S.R.L.S.and performing a Service you accepted through FV SERVICE S.R.L.S.and that you will reimburse the consumer, client, and/or FV SERVICE S.R.L.S.for any damages in connection with the damages you caused while performing the services in question;
you will present yourself in a professional, courteous, and friendly manner while performing Service(s) and during all interactions with Users;
you and your Technician(s) possess a valid driver’s license and are authorized and medically fit to operate a vehicle and have all appropriate licenses, approvals and authority to provide Services;
you own, or have the legal right to operate, all personal property you use when providing Services, and such personal property is in good operating condition and meets the industry safety standards and all applicable legal requirements, if any;
you and/or your Technicians will not engage in reckless behavior while performing the Services, permit any third party other than another authorized Technician to accompany you while providing Services, provide Services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Users, FV SERVICE S.R.L.S., or third parties;
you will not attempt to defraud FV SERVICE S.R.L.S.or Users on the FV SERVICE S.R.L.S.Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold all applicable payments for the Service(s) in question;
you agree that we, or our designee, may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement;
you agree at all times while you are a Service Provider to have and maintain at your expense your own valid policy of liability insurance coverage that names you or schedules you for provision of Services in such amounts and with such non-monetary requirements consistent with all applicable legal obligations and as FV SERVICE S.R.L.S.may require from time to time. You shall provide proof of such coverage to FV SERVICE S.R.L.S.from time to time upon FV SERVICE S.R.L.S.’s request;
you will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
you shall warranty work performed for no less than 365 days from the date of completion, and shall promptly resolve any warranty claims made by Consumers or Clients, or made by FV SERVICE S.R.L.S.on behalf of Users.
you shall have no right or authority, either expressed or implied, to assume or create, on behalf of FV SERVICE S.R.L.S.any obligation or responsibility of any kind or nature.
DISPUTES BETWEEN OR AMONG USERS
FV SERVICE S.R.L.S.values our Consumers, Clients, and Service Providers equally, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by FV SERVICE S.R.L.S.or a neutral third-party mediator or arbitrator selected by FV SERVICE S.R.L.S.. Notwithstanding the foregoing, you acknowledge and agree that FV SERVICE S.R.L.S.is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.
INTELLECTUAL PROPERTY
All intellectual property rights in the FV SERVICE S.R.L.S.Platform shall be owned by FV SERVICE S.R.L.S.absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the FV SERVICE S.R.L.S.Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of FV SERVICE S.R.L.S.as of the moment of creation or provision to FV SERVICE S.R.L.S., whichever occurs first. FV SERVICE S.R.L.S.shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. FV SERVICE S.R.L.S.and other FV SERVICE S.R.L.S.logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of FV SERVICE S.R.L.S.in Europe and/or other countries (collectively, the “FV SERVICE S.R.L.S.Marks”).You acknowledge that FV SERVICE S.R.L.S.is the owner and licensor of the FV SERVICE S.R.L.S.Marks, including all goodwill associated therewith. You agree that you will not: (1) use, allow others to use, or create any materials that use the FV SERVICE S.R.L.S.Marks or any derivatives of the FV SERVICE S.R.L.S.Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by FV SERVICE S.R.L.S.in writing; (2) use the FV SERVICE S.R.L.S.Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the FV SERVICE S.R.L.S.Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair FV Service rights as owner of the FV SERVICE S.R.L.S.Marks or the legality and/or enforceability of the FV SERVICE S.R.L.S.Marks, including, challenging or opposing Kandu’ ownership in the FV SERVICE S.R.L.S.Marks; (4) apply for trademark registration or renewal of trademark registration of any of the FV SERVICE S.R.L.S.Marks, any derivative of the FV SERVICE S.R.L.S.Marks, any combination of the FV SERVICE S.R.L.S.Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the FV SERVICE S.R.L.S.Marks; (5) use the FV SERVICE S.R.L.S.Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard. If you create any materials bearing the FV SERVICE S.R.L.S.Marks (in violation of this Agreement or otherwise), you agree that upon their creation FV SERVICE S.R.L.S.exclusively owns all right, title and interest in and to such materials, including any modifications to the FV SERVICE S.R.L.S.Marks or derivative works based on the FV SERVICE S.R.L.S.Marks. You further agree to assign any interest , and to provide information and execute any documents as reasonably requested by FV SERVICE S.R.L.S.to enable FV SERVICE S.R.L.S.to formalize such assignment.
FV SERVICE S.R.L.S.respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the FV SERVICE S.R.L.S.Platform or Services infringe upon your copyrights, please contact us at info@modularfit.it
FEEDBACK
By sending us any feedback, comments, questions, or suggestions concerning User, Service or the Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against FV SERVICE S.R.L.S.and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform.
ACCOUNT SUSPENSION OR TERMINATION
FV SERVICE S.R.L.S.may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your FV SERVICE S.R.L.S.account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from FV SERVICE S.R.L.S.support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Service Requests canceled or delayed as a result of Account termination. If you are a Service Provider, you may cancel your use of the Platform and/or terminate your Account at any time by following the “Settings” link in your provider portal, clicking “Profile,” and clicking “Deactivate Account.” If you are a Client, you may terminate your account by emailing a request to your Account Manager that is listed in your client portal. If you are a customer, you may terminate your account by emailing a request to info@modularfit.it Please note that if your Account is terminated, we do not have an obligation to delete any order information, or delete or return to you any Content you have provided to the Platform, including, but not limited to, any reviews.
DISCLAIMERS
The following disclaimers, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. We cannot ensure that a Service Provider will complete an arranged Service. We have no control over the quality or safety of the Services performed by a Service Provider. We do not guarantee and do not promise any specific results from use of the FV SERVICE S.R.L.S.Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the FV SERVICE S.R.L.S.Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the FV SERVICE S.R.L.S.Platform will be corrected, or that the FV SERVICE S.R.L.S.Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the FV SERVICE S.R.L.S.Platform or Services. We cannot guarantee that each User is who he or she claims to be.
FV SERVICE S.R.L.S.is not responsible for the conduct, whether online or offline, of any User of the FV SERVICE S.R.L.S.Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal property of any User. By using the FV SERVICE S.R.L.S.Platform and participating in the Services, you agree to accept such risks and agree that FV SERVICE S.R.L.S.is not responsible for the acts or omissions of Users on the FV SERVICE S.R.L.S.Platform or participating in the Services. You are responsible for the use of your User account and FV SERVICE S.R.L.S.expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately. We are not responsible for the use of any personal information that you disclose to other Users on the FV SERVICE S.R.L.S.Platform or through the Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).Opinions, advice, statements, offers, or other information or content concerning FV SERVICE S.R.L.S.or made available through the FV SERVICE S.R.L.S.Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the FV SERVICE S.R.L.S.Platform or otherwise.
We reserve the right, but we have no obligation, to monitor the materials posted on the FV SERVICE S.R.L.S.Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. Location data provided by the FV SERVICE S.R.L.S.Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither FV SERVICE, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the FV SERVICE S.R.L.S.Platform.
Any of your Information you provide on the FV SERVICE S.R.L.S.Platform may be accessible to FV SERVICE S.R.L.S.and certain Users of the FV SERVICE S.R.L.S.Platform.
INDEMNITY
You will forever release, defend, indemnify, and hold FV SERVICE S.R.L.S.and our affiliates, subsidiaries, parents, successors and assigns, and each of our and their respective officers, directors, employees, attorneys, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of the FV SERVICE S.R.L.S.Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including other Users, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the FV SERVICE S.R.L.S.Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of any personal property used in or related to the Services, including your provision or receipt of Services; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
LIMITATION OF LIABILITY
IN NO EVENT WILL FV SERVICE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “KANDU” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE FV SERVICE S.R.L.S.PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE FV SERVICE S.R.L.S.PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FV SERVICE S.R.L.S.PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FV SERVICE S.R.L.S.HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TERM AND TERMINATION
This Agreement is effective upon your use of the FV SERVICE S.R.L.S.Platform. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to FV SERVICE; or b) by either Party immediately, without notice, upon the other Party’s material breach of any provision of this Agreement. All provisions that by their nature should survive the termination or expiration of this Agreement shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION AND VENUE
This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of ITALY, excluding choice of law rules. Jurisdiction and Venue for any action shall be exclusively in the state or federal courts serving ITALY, to which jurisdiction and venue the parties irrevocably consent. The parties exclude the application of ITALY Convention on Contracts for the International Sale of Goods.
CONFIDENTIALITY
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to FV SERVICE S.R.L.S.’s business, operations and properties, software (including the FV SERVICE S.R.L.S.website), information about a User made available to you in connection with such User’s use of the FV SERVICE S.R.L.S.Platform, which may include the User’s name, location, contact information and photo (“Confidential Information”) disclosed to you by FV SERVICE S.R.L.S.for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all necessary measures to protect the secrecy of and avoid disclosure or use of Confidential Information of FV SERVICE S.R.L.S.in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to FV SERVICE S.R.L.S.with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by FV SERVICE S.R.L.S.or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of FV SERVICE S.R.L.S.; becomes known to you, without restriction, from a source other than FV SERVICE S.R.L.S.without breach of this Agreement by you and otherwise not in violation of Kandu’ rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to FV SERVICE S.R.L.S.to enable FV SERVICE S.R.L.S.to seek a protective order or otherwise prevent or restrict such disclosure. Notwithstanding the generality of the foregoing, You agree not to reverse engineer, disassemble, decompile, or otherwise modify or disclose any FV SERVICE S.R.L.S.software or other tangible or intangible property which contain Confidential Information.
OTHER SERVICES
In addition to connecting Users, the FV SERVICE S.R.L.S.Platform may enable Users to provide or receive goods or services from other third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the FV SERVICE S.R.L.S.Platform, you authorize FV SERVICE S.R.L.S.to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that FV SERVICE S.R.L.S.is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the FV SERVICE S.R.L.S.Platform.
ADDITIONAL TERMS
Some Services may have additional Terms that are not outlined in this document. In such cases, Terms specific for a Service will be presented to the Consumer during the process of submitting a Service Request. Upon requesting Service, User agrees to any additional Terms for that Service. Service Provider agrees to additional terms as outlined in the Service Provider Help Center.
SEVERABILITY
If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by FV SERVICE S.R.L.S., in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to FV SERVICE S.R.L.S.shall be given by certified mail, postage prepaid and return receipt requested to: FV SERVICE S.R.L.S. Any notices to you shall be provided to you through the FV SERVICE S.R.L.S.Platform or given to you via the email address or physical you provide to FV SERVICE S.R.L.S.during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and FV SERVICE S.R.L.S.with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding this agreement, please contact us via email at info@modularfit.it.
Updated on: 07/04/2024
