MYPASS SKI TERMS AND CONDITIONS
1. Update of the terms and right of withdrawal
1.1. The updated MyPass Ski terms and conditions will come into effect from 02/12/2022 by modifying the previous MyPass Ski terms and conditions.
1.2. We inform you that if a User does not intend to accept the new Terms and Conditions for the use of the MyPass Ski Services, he has the right to withdraw from the contract with MyPass s.r.l. without penalty or closing costs at any time up to the date these Terms apply. In this case, until the end of the relationship, the previously applied conditions will continue to apply.
1.3. On the other hand, in the case of failure to withdraw within the indicated terms, the changes will be considered definitively approved with the indicated effective date.
1.4. MyPass may further and unilaterally modify these Terms and Conditions for justified reasons and in order to:
1.a) adapt the Terms and Conditions to the legislative or regulatory provisions in force or in the process of being adopted.
1.b) adapt the Terms and Conditions to any decision issued by a court, a consumer agency or any other competent authority, concerning the content of the Site or the Services offered by it;
1.c) introduce any fees and/or change the subscription price for use of the Services to reflect inflation and/or the evolution of our costs;
1.d) to prevent abuse or damage or for security reasons;
1.e) reflect changes to our Services;
1.f) reflect the changes and developments of MyPass;
1.g) reflect changes in market conditions or standard industry practice.
1.h) make formal modifications to these General Conditions (for example to correct grammatical or spelling errors), to the extent that such modifications do not alter the content or meaning of these Terms and Conditions.
2.1. These Terms govern the use of the MyPass Ski services and any other Agreement or legal relationship with the Owner in a binding manner.
2.2. The terms and conditions for the MyPass Ski Services refer to the mypass.ski website, including the related subdomains and any other website through which the Owner offers the Service; to the applications (APP) for mobile devices, tablets or similar, and other official MyPass Ski portals.
2.3. The user declares to be aware that the Terms and Conditions of provision of the Service may be modified or updated and will be communicated to the registered e-mail or via notifications in the App, in a timely manner, always guaranteeing the right of withdrawal.
The General Conditions for the Supply of MyPass Ski Services (the MyPass Ski Terms and Conditions) constitute the entire and exclusive agreement between MyPass S.r.l. – company incorporated under Italian law – with registered office in Via Pammatone 7, 16121 – Genoa (GE), Italy; Tax Code and VAT number 06455440484, Genoa Company Register number GE-509220 telephone +39 011 8397809, email [email protected] and each User duly registered on the MyPass Platform, pursuant to art. 6.A. of this Agreement.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not meet the definition of Consumer.
Indicates the legal entity that provides the Services to Users and owner of the MyPass Platform.
A good or service that can be purchased through the MyPass Platform, such as for example tangible goods, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
The service offered through the MyPass Platform as described in this Agreement.
All the conditions applicable to the use of the Services and/or the Platform as described in this Agreement as well as in any other document or agreement connected to it, in the respectively most up-to-date version.
User (or You)
Means any natural person who uses the Services and/or the MyPass Platform.
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, commercial, craft or professional activity.
The technological computer system both frontend and backend owned by the Owner, as well as the necessary and indispensable tool for the correct execution of the Services.
5. The MyPass Ski service and the MyPass platform
5.1. MyPass Ski is the service that allows you to access the lifts of the affiliated ski areas, without having to go to the ticket office. MyPass Ski allows you to ski freely, without having cash in your pocket or deciding in advance which ticket to buy.
5.2. MyPass Ski technology, based on the time actually spent on the slopes, automatically detects the most convenient fare among those agreed with the ski area (see fare details on the dedicated pages on the mypass.ski website), and debits the amount corresponding directly to the registered credit card, without any surcharge (technology known as “smart billing”). If you ski for several consecutive days, the difference in price will be charged each day to reach the corresponding multi-day rate, unless otherwise described on the pages of the single ski areas of the official website mypass.ski.
5.3. Access to the gates is made possible through a physical RFID support called “MyPass Ski Card”, which incorporates part of the technology. It is also possible to partially use the service through the “MyPass Ski” application for latest generation mobile phones “smartphones” or via the official website mypass.ski.
5.4. The MyPass Ski Services used by each User are provided through the MyPass Technology Platform (hereinafter, the “MyPass Platform”) which includes all the MyPass technology as well as tools necessary for the performance of the Services.
5.5. The MyPass Ski Service provides for various stages of usability, depending on the User’s needs, and precisely:
5.5.1. Registration (free): simple access to the site, APP or to the Platform in general, or to each commercial site belonging to the MyPass Ski circuit. Registration and use of the services contained is free. This feature is dedicated to the User who wishes to be able to, with the sole purpose of using the complementary services. It is necessary to carry out the Registration Procedure, adhering to the Privacy conditions and providing the site with the User’s identity and a contact e-mail address indicated by the User, as well as any additional data that may be requested as part of the Procedure itself.
5.5.2. Use of paid services: The service involves subscription activation (ref. 7.E) and the subsequent request and activation of the “MyPass Ski Card”, necessary for the use of the MyPass Services. The service is active only for the affiliated facilities, which are indicated on the website, app or any official portal attributable to the Owner. Once the request has been made on the site or app for the activation of the Subscription Service and the request for one or more “MyPass Ski Cards”, the latter will be sent to the User, at the address indicated by them at the time of registration, or collected at one of the “collection points” indicated in the relevant sections of the MyPass Platform. The cost of the Subscription Service can be verified on the official MyPass channels (website and APP)
5.5.3. Minors, Senior Users and Persons entitled to Discounts or Reductions:
In order to make possible the use of any reduced rates for certain categories of skiers (minors, Senior Users, users with possible discounts defined by the Ski Areas), it is necessary that the latter (in the case of minors: a parent or guardian) send to MyPass the identification documents and photographs in order to be able to certify the age, and guarantee the non-transferability of the access cards to the area concerned, unless otherwise indicated in the procedure for requesting discounts and/or reductions. The detailed list of these documents can be consulted on the official MyPass Ski channels, with reference to the specific ski area affiliated with MyPass.
The reduced rates, where available, can only be applied if all the documents and information expressly requested by the concerned ski area are provided to MyPass. Photos for non-senior adults are also requested by MyPass, in the event that the affiliated area allows the use of multi-day passes or other discounts defined by the Plant Companies.
MyPass stores and transmits to the Partner Companies, which manage the ski lifts, the identification information of minors, Senior Users or users entitled to discounts or reductions, exclusively for the purpose of allowing the provision of the Service with the reduced rates envisaged , and in compliance with the provisions of its “Privacy Information”.
In any case, MyPass exempts itself from any liability deriving from improper and/or fraudulent use by third parties, in relation to the data mentioned above, and this both in the year of the first registration, and for the following ones, during which the mentioned registration will be in place. The procedures for uploading identity documents and photos can be found in the MyPass Ski help centre.
5.6. The use of the service in pay-per-use mode does not include any mandatory insurance coverage in favor of the User, or his assignees; however, the User has the right to take advantage of the policies made available by the Owner through the Partner Company HELVETIA Italia Assicurazioni S.p.A. (hereinafter: HELVETIA), through a specific agreement. The User can take advantage of the insurance coverage through the appropriate application procedure carried out exclusively through the official MyPass Ski App. For more information on insurance policies, terms and conditions (information set), check the appropriate section on the mypass.ski website and/or the MyPass Ski App.
5.7. The correct use of the MyPass Ski System requires the correct functioning of the access gates to the structures via the “MyPass Ski Card”. The management companies of the structures (in which the access gates are located) are solely and exclusively responsible for the correct functioning of access gates
MyPass is not responsible for these services, and its role is exclusively limited to the correct use, by the User, of the selected services. Therefore, MyPass is not liable for any disservices, inconveniences and damages that the User may incur while using the services purchased.
5.8. With the use of the MyPass Ski Card at one of the lifts of the participating Ski Areas, each user of the Service connected to the main Account declares to fully accept the “General Conditions of use of the service”, including the relative integrated system of lifts and slopes, displayed at the relative ticket offices or published on the official websites of the Ski Areas. The User undertakes to know the aforementioned “General Conditions” well in advance before using the MyPass Ski Card in the chosen Ski Area and, likewise, exempting the Owner from any direct and indirect liability relating to non-compliance with the aforementioned “General Conditions ” (by way of example and not limited to for any damages caused or suffered and requests for compensation) and relieving MyPass from any civil, criminal, administrative and accounting liability, even objective, as a result of injuries sustained and in any case in any other activity connected to the same or connected, to illnesses that may arise, or consequent to the use of the infrastructures and non-compliance with the “General Conditions”.
5.9. The MyPass Ski Subscription Service is €15.00 (VAT included) for adult Users and €10.00 (VAT included) for underage Users, except for any promotions that will be announced on the website, APP and/or other official MyPass channels . The payment of the annual service fee allows the User to use the latter for 1 (one) calendar year, starting from the activation, unless there are various promotions. The promotions or conventions proposed by MYPASS will be published on the site, and may also include discount codes on the fee that MyPass will activate, and which can be used by the User only once. In any case, the annual fee is non-refundable, and is payable regardless of the actual use of the services to which it gives access.
5.10. The Annual Fee does not include (i) the price for the purchase of tickets, (ii) the price of shipping (iii) the price for any additional paid services that may still be present on the site, as offers dedicated to Users (iv) any costs not directly mentioned in this Agreement.
5.11. The “MyPass Ski Card” is granted on loan for free use, with the only obligation to return it at the end of the relationship. MyPass reserves the right to ask the User for a refund of €5.00 (five euros) if it is necessary to issue additional MyPass Cards for reasons attributable to the User, such as in the event of loss or damage. MyPass may send 2 or more MyPass Ski Cards, depending on the User’s choice to be able to use more ski areas, if the latter have different access technologies: this will involve the additional payment of €5.00 (five euros) for each additional card . MyPass reserves the right to replace any defective MyPass Ski Cards free of charge. MyPass Ski Cards are the property of MyPass and cannot be cloned, altered or manipulated. They cannot be transferred by the User to third parties and, therefore, the User in charge of them is the only person authorized to use them for access to the agreed gates. MyPass or the staff of the ski resorts, or other personnel authorized by MyPass, reserves the right to carry out checks on the matter, and to suspend and/or disable access to the site or the service to the User in the event of a violation.
5.12. MyPass will charge the costs for using the services in pay-per-use mode on the registered credit card. These will be collected by MyPass and subsequently paid to those entitled (companies that manage the ski lifts, or other affiliated entities), under the agreed terms and conditions. It should be noted that MyPass only charges its Users the amounts corresponding to the rates, for each district, indicated on the site.
6.1. Unless otherwise specified, the conditions of use for the MyPass Ski services set out in this section have general validity.
6.2. Further conditions of use or access applicable in particular situations are expressly indicated in this document.
I. There are no restrictions on Users with respect to whether they are Consumers or Professional Users;
II. The User is an adult in accordance with the applicable law.
A.2. In order to protect the User Account and to ensure the safety of other Users, MyPass may from time to time verify the information included in the User Account or ask the User to answer relevant questions, provide useful information or assist with verification (the “Security Procedures”). The Security Procedures are intended to confirm that the user is the person who accesses and/or uses the MyPass Ski Services. The latter will be reasonable and proportionate to the security objectives pursued. As part of the Security Procedures, MyPass can verify the User’s telephone number, email, the validity of the payment method, any identification documents uploaded to the MyPass Platform.
A.3. It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available.
A.4. Following the completion of the registration, the User will be able to access the Reserved Area for the MyPass Ski Services and the tools of the MyPass Platform via a username and password (jointly, the “Credentials”), named, personal and exclusive for the User. The User is fully responsible for any activity carried out with his access credentials.
A.5. The User is responsible for the illicit or improper use of the Credentials and is responsible for any use of the same by third parties as well as for any direct or indirect damage caused to MyPass resulting from the use of the same, also in relation to activities carried out on the Platform MyPass performed by third parties.
A.6. Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen, or any unauthorized or illegal use of the Credentials.
A.7. If the User does not intend to accept even one of the terms and conditions referred to in this Document, he will have to leave the MyPass Platform, the MyPass Ski Services and will not be able to proceed with the registration or use of the Services.
B. Account closure
The User has the right to close his account and cease using the Services at any time, by following this procedure: By contacting the Owner at the contact details in this document.
C. Account suspension and deletion
C.1. The Owner reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
C.2. The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.
C.3. The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.
D. Intellectual property
D.1. MyPass is the sole and exclusive owner of the MyPass Platform and all rights deriving directly or indirectly from the same MyPass Platform and its use are reserved to it.
D.2. Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
D.3. In particular, but without exclusions, Users are prohibited from copying, downloading, sharing, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating derivative works from the content available on the MyPass Platform, to allow third parties to engage in such activities through your User account or device, even without your knowledge.
D.4. Where expressly indicated, the User is authorized to download, copy and/or share certain contents available exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
D.5. The limitations and exclusions provided for by copyright legislation remain unaffected.
D.6. Unless otherwise specified or clearly recognizable, all available content is owned or provided by the Owner or its licensors.
D.7. The Owner takes the utmost care to ensure that the contents available on the MyPass Platform do not violate the applicable legislation or the rights of third parties. However, this result is not always possible. In such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document.
D.8. Some features of the MyPass Ski Platform or Services may use tools and services provided by third parties, which may be governed by separate terms and conditions. In this case, MyPass will provide a link to the applicable terms and conditions. The latter will be made available to the User in a format that allows them to be reproduced and stored within the relevant third-party services and must be accepted separately if you wish to use these third-party services. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
E. User Contributed Content
E.1. The User who owns the Account declares to be legally authorized to provide personal information of his own and of other subjects who intend to use the MyPass Ski Services using unique Credentials and the only registered payment method.
E.2. Users undertake to respect the following rules:
when registering for the MyPass Ski Services, provide timely, truthful, accurate and non-misleading information including, without limitation, your name, e-mail address, telephone number and any required documentation;
register on the MyPass Platform only once and do not create more than one Account
not to use the Platform and/or the Services with the intention of engaging in illegal or fraudulent actions;
E.3. After registration, the User will have access to the following features of the MyPass Platform:
creation of one or more personalized skier profiles, up to a maximum of 5 (five), accessible through their own Credentials
enter, modify and/or delete details, by way of example but not limited to: the payment method, the profile photo, the identification document.
access the personal section of your Account, dedicated to monitoring the MyPass Ski Service.
E.4. The User acknowledges and accepts that by providing MyPass’s own content, he grants the Owner, free of charge, the non-exclusive right to process the content for the purposes of operation and maintenance of the MyPass Ski Platform and Services, as contractually envisaged.
E.5. Within the limits of the law, the User waives the exercise of moral rights in relation to the content provided during registration to the Services or to the MyPass Platform.
E.6. The User is solely responsible for the content uploaded, published, shared or otherwise provided on the MyPass Platform.
E.7. The Owner reserves the right to remove, delete, block or correct said contents at its own discretion and to deny the User who uploaded them access to the MyPass Platform or to the MyPass Ski Services without notice:
if you have received a complaint in relation to such content;
if you have received a notice of infringement of intellectual property rights;
by order of the Public Authority;
if the Owner has been made aware that such contents, if accessible, may represent a risk for Users, for third parties or for the availability of the Service.
E.8. The removal, cancellation, blocking or rectification of the contents do not justify any claim for compensation, reimbursement or compensation for the Users who have provided such contents.
E.9. Users agree to indemnify the Owner from and against any claims made and/or damages suffered as a result of content provided by them to or offered on the MyPass Platform.
F. User obligations
F.1. By accepting these Terms and Conditions, the User declares to:
be a natural person, to be at least 16 years old (otherwise, the parents, legal guardian or other figure who takes his place must register in his place and supervise the use of the Service by the minor); to use the Services only for personal purposes and not for any professional activity; you have a valid payment method and have full capacity and rights to make Transactions on the MyPass Platform;
to be aware and fully responsible, in accordance with these General Conditions and the applicable law, for the execution of its obligations in the context of the use of the MyPass Ski Service and for the payment of the rates applied by MyPass on behalf of the affiliated Ski Districts;
to be aware that when using the MyPass Ski Service, as a pay-per-use tool, he undertakes to insert a valid payment method (Credit, Debit or Prepaid Card) with the financial resources necessary for the correct use of the Service by all Users present in the Reserved Area. The data of the credit or prepaid card are transmitted by the Holder directly to his banking Partner, who is responsible for their management. MyPass does not keep the credit or debit card data transmitted by the User.
F.2. You are aware that failure to carry out one or more Transactions will block the MyPass Ski Service for all Users present in the Profile and will oblige them to (i) replace the payment method or promptly top up any Prepaid Card (ii) use another form of payment such as the Bank Transfer, in agreement with the MyPass Customer Service. It will be the User’s obligation to request the unlocking of the MyPass Ski Service through the reserved area or through MyPass Customer Assistance.
F.3. In the event of one or more non-payments, it will entitle MyPass to demand full payment for the service used at each location and obliges the User to pay the amount due within 5 working days of the notification sent via APP, E-mail and/or call of the MyPass Help Center. It is understood that the User has the right to pay the non-payment in installments, subject to written agreement between the Parties.
F.4. Starting from the third ski day whose payment is not successful in the same season, a service reactivation penalty of €5.00 (five euros) will be applied.
F.5. In the case of payments with delays exceeding the agreed terms or exceeding 60 days from the first payment reminder, MyPass may apply an increase of up to 10% of the unpaid amount as default interest and, possibly, reimburse any losses incurred by MyPass in the default of the owner User.
F.6. In the event of refusal to pay the amount due or failure to pay interest as compensation for the damage caused by the delay in payment, MyPass will have the right to appeal to the authorities for the collection of the outstanding credit or to appoint an intermediary company for the collection, including any expenses arising as compensation for damages.
F.7. The User undertakes to immediately update any information in the Reserved Area that is no longer current or accurate, including the information provided by the User during registration on the Service and the information in the User’s Account.
G. Termination of relationship
G.2. In the event of termination of the Service, or cancellation by the User (i) any Annual Fee paid will not be refunded, (ii) termination or cancellation will not result in the extinction of any payments still due, for activities carried out in the meantime, (iii ) the related charges will be made to the registered credit card, before the definitive termination of the relationship between MyPass and the User.
G.3. The User has the right to withdraw from the loan agreement relating to the MyPass Ski Card by sending an e-mail from the Holder of this Agreement. The withdrawal from the loan agreement can be exercised at any time.
G.4. The User has the right to discontinue the MyPass Service at any time by sending an e-mail from the Holder of this Agreement or through the specific functions made available on the official MyPass Ski website or App. The service will be terminated within 5 (five) days of the request.
H. No Refunds
H.1. Any reimbursement of the amount paid is excluded, except for the right of withdrawal which can be exercised as per current legislation.
H.2. Reimbursement is also excluded in the event of accidental use of the MyPass Ski Card (for example if the User accidentally approaches the electronic devices present at the access gates, even though he has no intention of using or purchasing a day ticket or other service incorporated in his card). In any hypothesis of approaching the electronic devices present at the base of the automatic gates (i) the recognition will be immediate and inevitable, (ii) the User will be enabled to transit, (iii) the amount for the expected ticket, or other incorporated service in the MyPass Ski Card, will be charged to the credit or prepaid card registered by the User, (iv) it will not be possible to obtain a refund for the service, even if not used.
I. Maintenance and malfunctions of the site or App.
I.1. MyPass reserves the right to modify, limit or exclude the accessibility and functionality of the website and/or the APP at any time due to maintenance work, implementation of new functions, updates, and similar events or needs. The data that should be lost or compromised will be requested again from the User in case of new access.
7. Terms and conditions of sale
A. Paid products
Some of the Services and/or Products offered on the MyPass Ski Platform are subject to payment. The rates, duration and conditions applicable to the sale of such Services and/or Products are described in this Agreement and, in detail, in the respective sections of the MyPass Platform.
B. Product Description
Prices, descriptions and availability of the Products are specified in the respective sections of the MyPass Platform and are subject to change without notice.
Although the Products in the MyPass Platform are presented as accurately as technically possible, representation by any means (including, as the case may be, graphics, images, colors, sounds) is intended for reference only and does not imply any warranty as to the characteristics of the Product and/or Service purchased. The characteristics of the selected Services and Products will be specified and detailed during the purchase procedure.
C. Purchase procedure
Each stage, from choosing the product to placing the order, is part of the purchase process.
The purchase procedure includes the following steps:
Users are requested to choose the desired Service or Product, to have it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
Users can control their choice, edit, add or remove items.
Users will be asked to specify their billing address, contact details and a means of payment of their choice.
In the event that the purchase provides for the delivery of a Product, it may be necessary for Users to indicate a shipping address.
During the purchase procedure, Users may, at any time, modify, correct or replace the information provided or completely cancel the purchase procedure without any consequences.
After providing all the requested information, Users are requested to carefully check the order and can then proceed to checkout.
To place the order, Users are required to accept these Terms and the data protection legislation (Privacy).
D. Sending the order
Sending the order involves the following:
The sending of the order by the user determines the conclusion of the contract and causes the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User’s obligation to collaborate with consequence.
Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
E. Subscription Services
- By activating the subscription, the User fully accepts these Terms and Conditions in all their parts.
- In case of purchase of services with the signing of a subscription, the User will be able to use the services purchased for the entire period subscribed without further charges with the exception of costs for services in Consumption mode (so-called Pay-Per-Use) and costs not directly attributable to MyPass.
- These Terms and Conditions are intended to be applicable for the entire duration of the Subscription, indicated at the time of purchase and, in any case, from activation and for the entire period in which the Subscription is actually returned.
- The Subscription will start from the activation date and will last for the foreseen subscription period.
- Subscription services provide for tacit renewal. If the User has selected an annual or half-yearly, quarterly, or monthly Subscription, the same will be automatically renewed for the same periodicity initially requested.
- The User will be notified, to the e-mail entered during registration, 7 (seven) days before the renewal. The User will have the possibility to cancel the Service in his own Reserved Area using his own Credentials.
F. Services in Consumption mode (Pay-Per-Use)
- The User can use the services in Pay-Per-Use mode after registering and accepting these Terms and Conditions in their entirety.
- The services in consumption mode are matched to each User present in the reserved area and indicated during registration or in the case of subsequent subscriptions.
- For the use of pay-per-use services, each User is required to subscribe and activate the Subscription services defined in the previous point.
- With the use of the services in pay-per-use mode, the User is required to pay MyPass the amounts and any other fees calculated for the use of the ski services, parking, ticketing or other services managed by Affiliated Parties, to which the User has accessed using the services in pay-per-use consumption mode through the official Applications, MyPass official websites or through other MyPass recognition tools.
During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them. The prices of the Services on the MyPass Platform include all applicable commissions, taxes and costs, except for pay-per-use services which are communicated to the User, in the APP and/or by e-mail, after you have finished using the services.
H. Means of payment
The details relating to the accepted means of payment are highlighted during the purchase procedure. Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relevant payment methods section in your Reserved Area.
All payments are managed independently by third party services. Therefore, MyPass does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.
In the event that the payment made with one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order, except in the cases of use of the services in consumption mode (pay-per- use). Any costs or commissions deriving from the failed or refused payment are charged to the User.
I. Retention of title and rights of use
Until payment of the full purchase price is received by the Owner, the User does not acquire ownership or the rights to use the Products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the addresses listed in this document or as described in the delivery note. Users can refuse to accept the package if it is visibly damaged.
Delivery can take place in the countries or territories specified in the relevant sections on the MyPass Platform.
Delivery times are indicated in the purchase procedure or communicated to the user at the end of the purchase procedure by e-mail to the address indicated during registration.
K. “Click and collect”
Users can choose to collect their purchases at one of the “collection points” indicated in the relevant sections of the MyPass Platform and according to the times communicated.
L. Delivery failure
The Owner is not liable in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the courier. ‘User.
In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, each delivery attempt starting from the second will be charged to the User.
M. Provision of services
The services purchased will be performed or made available within the times and methods indicated in the respective sections of the MyPass Platform or according to the methods communicated before forwarding the order.
8. User rights
8.1. Right of withdrawal
The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant purchase sections on the MyPass Platform. In case the terms and conditions for the product or service are not explained, the contractual right of withdrawal is 14 days from the conclusion of the contract for any reason and without justification. The contractual right of withdrawal is not applied to services already used in pay-per-use mode.
8.2. Who has the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as Consumers residing in the European Union enjoy the legal right to withdraw from contracts concluded online (distance contracts) within the specified period of time for any reason and without the need for justification. Users who do not meet these requirements do not enjoy the rights described in this section.
8.3. Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract. To this end. The User is free to express his intention to withdraw from the contract in an appropriate form in writing to the addresses indicated in this Agreement. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
8.4. Effects of withdrawal
The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the higher cost deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund takes place without undue delay and in any case within 30 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User does not have to bear any costs as a consequence of the withdrawal.
8.5. Legal guarantee of Product conformity
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the moment of delivery to the buyer.
9. Limitation of Liability and Indemnification
9.1. Warranty Disclaimer
9.1.1. The Owner provides services and products from the MyPass Platform “as is” and subject to availability. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly excludes conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document.
9.1.2. Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterruptedly and securely, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and the User is solely responsible for any damage to the computer system or mobile device or for loss of data resulting from such operation or from your use of the Service.
9.1.3. The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
9.1.4. The Service may become inaccessible or not work properly with the User’s browser, device and/or operating system. The Owner cannot be held responsible
9.1.4. for any damages, whether perceived or actual, arising out of the content, operation, or use of the Service.
9.1.5. Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
9.2. Limitation of Liability
9.2.1. To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for:
a) any indirect, intentional, collateral, particular, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to your use of, or inability to use, the Service; And
b) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
c) any error, lack or inaccuracy in the contents;
d) personal injury or material damage, of any nature whatsoever, resulting from your access to or use of the Service;
e) any unauthorized access to the Data Controller’s security servers and/or any personal information stored therein
f) any interruption or cessation of transmissions to or from the Service;
g) any bugs, viruses, trojans or the like that may be transmitted to or through the Service;
h) any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
i) the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost for an amount exceeding the one paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
9.2.2. This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages; therefore, the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided by applicable law.
The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, attorneys’ fees and expenses arising out of
a) the use or access to the Service by the User, including any data or content transmitted or received by the User;
b) your violation of these Terms, including, without limitation, any violation by you of any representation or warranty set forth in these Terms;
c) your violation of any third party right, including, but not limited to, any right relating to privacy or intellectual property;
d) the violation by the User of any applicable law, rule or regulation;
e) any content sent from the User’s account, including, by way of example but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User’s personal username and password or other security measures, if any;
f) the willful conduct of the User; or
g) the violation of any legal provision by the User or its affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees, to the extent permitted by applicable law.
10. Common provisions
MyPass undertakes to guarantee the technological operation covered by these Terms and Conditions, without prejudice to the regular technical operation of the other systems involved, by way of example but not limited to: Internet connectivity, regularity of data flows received, loading of updated price lists in the catalogues.
10.1. No implied waiver
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to any other right.
10.2. Service Interruption
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructure malfunctions, blackouts, etc.).
10.3. Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit the Services or the MyPass Platform in whole or in part without the Owner’s prior written consent, expressed directly or through a legitimate resale program.
10.5. Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to the Services and/or the MyPass Platform are held exclusively by the Owner or by the its licensors and are protected under international laws and treaties applicable to intellectual property.
All trademarks – verbal or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with the Services and/or the Platform are and remain the exclusive property of the Owner or its licensors and are protected under international legislation and treaties applicable to intellectual property.
10.6. Changes to Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users. The changes will affect the relationship with the User only for the future.
Continued use of the Service or Platform implies acceptance by the User of the updated Terms. If the User does not wish to accept the changes, he must stop using the Service or the Platform. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.
10.7. Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of the Services and/or the MyPass Platform must be sent to the addresses indicated in this document.
10.9. Safeguard clause
Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be enforced to the fullest extent permitted by law.
The nullity, invalidity or unenforceability of a specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
10.10. Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict rules.
However, regardless of the foregoing, if the User acts as a Consumer residing in the European Union and has his habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
The foregoing does not apply to Users acting as Consumers located in Switzerland, Norway or Iceland.
11. Dispute Resolution
11.1. Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
While Users’ right to take legal action remains unaffected, in the event of disputes relating to the use of the Services and/or the MyPass Platform, Users are kindly requested to contact the Owner at the contact details indicated in this document.
The User can address a complaint to the Owner’s email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 30 working days of its receipt.
11.2. Consumer Dispute Resolution Platform
The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service agreements.
Therefore, every Consumer residing in the European Union can use this platform to resolve any dispute deriving from contracts concluded online. The platform is available here.
These General Conditions are subject to Italian law. For any dispute, the Court of Genoa will be exclusively competent.