This document contains the general terms and conditions on the basis of which users are offered the use of the YamYam application which offers a software tool for sharing their private means of transport with a group of friends or colleagues.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below.
- Owner: Ing. Oreste Riccardo Natale, Zona Industriale ASI s.n.c. c/o Mosaico Monitoraggio Integrato s.r.l., 83040 Morra de Sanctis (AV), C.F. NTL RTR 75R37F839G, P.I. 025 287 906 41
- App: the YamYam smartphone application
- User: any user who accesses and uses the Application
- Terms and conditions: this contract which governs the relationship between the Owner and the Users
2. Detailed informations on the offer of the Application
The Application provides a software tool that helps a group of friends or colleagues in sharing each other’s private means of transport to reach the place of work or the recurring leisure place together, thus allowing to generate measurable savings in transport costs , and the corresponding reduction of environmental pollution.
YamYam offers the possibility to fix and manage travel appointments and to register the driver and passengers for each trip, in order to suggest from time to time who should make their own means of transport available in order to divide the cost of transport as equally as possible between all members of the group (crew).
YamYam also allows you to track your progress in savings as you progress.
3. Scope of these terms and conditions
The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he / she will not be able to use the Application or the related services.
The conditions can be changed at any time. Any changes will be effective from the time of their publication on the Application.
Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference.
The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions for use.
4. Creative Commons licence
The contents and / or materials available on the Application are made available on the basis of the “Creative Commons Public License CC BY 4.0 IT” (hereinafter “License”). The contents and / or materials available on the Application are protected by copyright, by other rights attributed by the law on copyright (related rights, rights on databases, etc.) and / or by other applicable laws. Any use of the contents and / or materials available on the Application that is not authorized under the License and / or other laws is prohibited.
The Owner grants the User the rights listed below on condition that he agrees to abide by the terms and conditions of the License.
The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, act, transform the Contents and / or materials available on the Application by any means and format, for any purpose, including commercial, provided that the User acknowledge the authorship of the work to the Owner and provide a link to the license and indicate if any changes have been made. The full license is available at this address: https://creativecommonos.org/licenses/by/4.0/legalcode.it
5. Limitation of Liability
The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User due to the non-execution of the contract for reasons not attributable to him.
The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment.
The Owner will not be responsible for:
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
6. Warranty Disclaimer
The Application is provided “as it is” and “as it is available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not or it will never be interrupted or error free or be free of viruses of any nature or defects.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible 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 completely unrelated to the will of the Owner or for events of force majeure.
The provision of the services offered by the Application can be terminated by the owner with 7 days’ notice to the User for any reason and at any time.
7. Force majeure
The Owner cannot be held responsible for the failure or delayed fulfillment of his obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events beyond his control.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
8. Link to third party sites
The Application may contain links to third-party sites / applications. The Owner does not exercise any control over them and, therefore, is 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 of the site / application and for the use of the service provided by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
The information on the processing of the User’s personal data is available at the following link.
10. Applicable law and competent court
These Conditions are subject to Italian law.
For any dispute relating to the application, execution and interpretation of these Conditions, the court of the place where the Owner is located is competent