This document sets out the general terms and conditions of use of the Pelrio website and application, which offers an expense and cash flow management service and a management consulting service.
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below:
Owner: Pelrio srl, with registered office in via G. E. Falck 3, Vobarno 25079, VAT Number / Tax Code 04375670983, 04375670983, fully paid-up share capital €2,000.00, PEC address email@example.com
Application: the Pelrio website and application
User: any person accessing and using the Application
Conditions: this contract governing the relationship between the Owner and the Users.
The Application provides Users with a report of all company income and expenses in graphs based on data entered manually or by uploading documents (e.g. invoices) from which the software extrapolates the necessary data. The app also studies this data and compares it with competitors to come up with suggestions or new strategies to improve business financial health and profitability.
Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other note, legal notice, information published or referred to therein, he/she will not be able to use the Application or its services.
The Conditions may be modified at any time. Any changes will be in force from the moment they are published on the Application.
Before using the Application, the User must read the Conditions carefully and save or print them for future reference.
The Owner reserves the right to change, at its own discretion, at any time, even after the User's registration, the graphic interface of the Application, the Contents and their organisation, as well as any other aspect that characterises the functionality and management of the Application, informing the User of the relevant instructions where necessary.
The User is responsible for guarding his or her access credentials, which must be used exclusively by the User and may not be passed on to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to inform the Controller immediately if he suspects or becomes aware of any misuse or improper disclosure of them.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, indemnity obligation and/or sanction arising from and/or in any way connected to the violation by the User of the rules on registration to the Application or on the storage of registration credentials.
The registered User may stop using the Application at any time and deactivate his account or request its cancellation through the Application's interface, if possible, or by sending a written communication to the e-mail address firstname.lastname@example.org or by calling customer service at 3404730622.
In the event of a breach by the User of the Terms or applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without prior notice.
All the contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and adaptation are protected by copyright and trademark legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. Except for strictly personal use, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorisation from the Owner.
The Application is provided on an "as is" and "as available" basis and the Owner makes no express or implied warranties in relation to the Application, nor does it make any warranty that the Application will meet Users' requirements or that it will be uninterrupted or error-free or that it will be free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available 24 hours a day without interruption, but cannot in any way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the Owner's control or for events of force majeure.
The Owner shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its control or that of its suppliers.
The Holder shall also not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him.
The Holder shall not be liable for any fraudulent and unlawful use that may be made of credit cards and other means of payment by third parties,
The Holder shall not be liable for
any loss of business opportunity and any other loss, even indirect, that may be suffered by the User that is not a direct consequence of the breach of contract by the Holder
incorrect or unsuitable use of the Application by Users or third parties
Under no circumstances may the Owner be held liable for more than double the amount paid by the User.
The Owner shall not be held liable for non-fulfilment or delayed fulfilment of its obligations due to circumstances beyond the Owner's reasonable control due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond its control.
The performance of the obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.
The Holder shall take any action in his power in order to find solutions that allow the proper fulfilment of his obligations despite the persistence of force majeure events.
The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and is therefore in no way responsible for the contents of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.
The Terms are subject to Italian law.
For Professional Users, any dispute relating to the application, execution and interpretation of these Conditions shall be subject to the jurisdiction of the court of the place where the Owner is based.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the "consumer court" pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions envisaged by the law of the country in which they have their habitual residence, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
The Consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and provision of services concluded online. Accordingly, the User Consumer may use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/