Terms and Conditions of Vaimoo
These Terms govern
- the use of Vaimoo, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Vaimoo has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.
Vaimoo is provided by:
Sitael S.p.A., Via San Sabino 21, 70042 Mola di Bari (BA), Italy
Owner contact email: firstname.lastname@example.org
What the User should know at a glance
- Usage of Vaimoo and the Service is age restricted: to access and use Vaimoo and its Service the User must be an adult under applicable law.
- The Service/Vaimoo is only intended for Consumers.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Vaimoo, Users confirm to meet the following requirements:
- Users must qualify as Consumers;
- Users must be recognized as adult by applicable law;
- Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
- Users aren’t listed on any U.S. Government list of prohibited or restricted parties;
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Vaimoo.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on Vaimoo is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
- Accounts registered by bots or any other automated methods are not permitted.
- Unless otherwise specified, each User must register only one account.
- Unless explicitly permitted, a User account may not be shared with other persons.
Users can terminate their account and stop using the Service at any time by doing the following:
- By using the tools provided for account termination on Vaimoo.
- By directly contacting the Owner at the contact details provided in this document.
However, termination of the account will not be possible until the subscription period paid for by the User has expired.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on Vaimoo
Unless where otherwise specified or clearly recognizable, all content available on Vaimoo is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Vaimoo infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Access to external resources
Through Vaimoo Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Vaimoo and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Vaimoo and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to Vaimoo or the Service, terminating contracts, reporting any misconduct performed through Vaimoo or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
- pretending to fulfil any possible condition or requirements for accessing Vaimoo and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
- concealing their identity or stealing someone else’s identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
- manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
- defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
- promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on Vaimoo;
- probing, scanning or testing the vulnerability of Vaimoo, including the services or any network connected to the website, nor breaching the security or authentication measures on Vaimoo, including the services or any network connected to Vaimoo;
- installing, embedding, uploading or otherwise incorporating any malware into or via Vaimoo;
- using Vaimoo or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
- attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on Vaimoo or the Service;
- instigating other Users to complete a transaction started on Vaimoo outside of Vaimoo in order to save any applicable service fees;
- adopting any automated process to extract, harvest or scrape information, data and/or content from Vaimoo and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;
- misappropriating any account in use by another User;
- harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on Vaimoo or by any other means;
- using any information relating to other Users, including personal or contact data, for purposes other than those Vaimoo is intended for;
- Nuova Clausola
Commercial use restrictions
- registering or using Vaimoo in order to promote, sell or advertise products or services of any kind in any way;
- indicating or trying to imply in any manner, that a User stands in a qualified relationship with Vaimoo or that Vaimoo has endorsed the User, the User’s products or services or any third party’s products and services for any purpose;
TERMS AND CONDITIONS OF SALE
Some of the Products provided on Vaimoo, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Vaimoo.
To purchase Products, the User must register or log into Vaimoo.
Prices, descriptions or availability of Products are outlined in the respective sections of Vaimoo and are subject to change without notice.
While Products on Vaimoo are presented with the greatest accuracy technically possible, representation on Vaimoo through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
- Users must choose the desired Product and verify their purchase selection.
- After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
When the User submits an order, the following applies:
- The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on Vaimoo are displayed:
- including all applicable fees, taxes and costs;
Offers and discounts
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Vaimoo.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
- Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
- A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
- A Coupon cannot be applied cumulatively;
- The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Vaimoo.
All payments are independently processed through third-party services. Therefore, Vaimoo does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on Vaimoo or as communicated before the order submission.
Liability and indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Vaimoo has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of Vaimoo due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
- any losses that are not the direct consequence of a breach of the Terms by the Owner;
- any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via Vaimoo. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to Vaimoo.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Vaimoo and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Vaimoo are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Vaimoo are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of Vaimoo must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Vaimoo or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
Definitions and legal references
Vaimoo (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We)
Indicates the natural person(s) or legal entity that provides Vaimoo and/or the Service to Users.
A good or service available for purchase through Vaimoo, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by Vaimoo as described in these Terms and on Vaimoo.
All provisions applicable to the use of Vaimoo and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using Vaimoo.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.
VAIMOO RULES OF USE
- You must be the only user of our Product and Services: you cannot
share your account or vehicle with other people. For your safety,
passenger, goods or other items (e.g. baggage, big animals,
briefcase) transport is not allowed;
- You must be at least 18 to use our vehicle: furthermore, you must be
able to use the vehicle and in good health;
- Since our vehicle must be used outdoor, the weather conditions could
create dangerous situation (e.g. wet/icy road, poor visibility
conditions). You must adequate the use of vehicle to the weather
conditions in order to keep you safe.
- You must be compliant with the local and national rules governing
the use of vehicle and driving regulation; do not violate restricted
area, parking restriction, pedestrian zone or speed limit;
- For your safety we strongly recommend, at least, the use of a helmet
and protective gear any time you use our vehicle, preferably
approved and certified by certification authorities. We are not
liable in case of injuries occurred for the non-use of protective
- Before the use of the vehicle do check its conditions: we are
committed to provide a vehicle in good condition and immediately
ready for use. Anyway, for your safety have a look to your vehicle
(e.g. brakes, wheels, pedal, seat and battery status). In case you
should notice some issues during the use of vehicle stop your trip
as soon as you are in safety condition and report to us the
malfunctioning. We will not prove roadside assistance. Please mind,
in case you will not notice us, we could associate with you the
damages to the vehicle;
- The vehicle is operated by a battery and the level of battery charge
is decreasing according to the trip duration and distance. We cannot
assure the battery level shall be enough to reach your destination
even if we are committed to provide continuous battery recharge: so
it is in your responsibility to check the battery level of the
vehicle you choose with regards to your trip duration and distance.
Furthermore, please mind battery consumption depends on road and
- For your safety the use of mobile phones or other portable devices
is not allowed when the use of it in not allowed by the driving
rules. In any case, it is in your responsibility the use of such
devices. Do mind and improper use of mobile impairs your safety and
safety of people around you.
- You must not use the vehicle if you are under the influence of
alcohol, drugs or other substances that can hinder your driving
- You are responsible for the adequate use of our vehicle, therefore
you must adequate the use of it according to the traffic condition
and the area/road you are in.
- Racing, trick-riding, cross-country, off-road is not allowed: we
will associate with you and charge to you the damages occurred to
the vehicle during prohibited activities;
- The use of vehicle for commercial purposes is strictly forbidden
(e.g. advertising, food delivery, subletting etc.);
- The use of a personal lock is forbidden. The vehicle must be parked
in its docking station or in other public location we can easily
reach (do not put the vehicle in garage). In case we will not able
to retrieve our vehicle due to your actions, we will charge you up
to Euro 500,00.
- You are required to comply with following weight limitation:
- Max 110 kg for bike;
- Max 10 kg for front basket.
- In case you damage intentionally or accidentally our Vehicle we will
charge you the cost for repairing. We can easily understand who was
the last user. The cost of repairing could equal to an amount up to
- In case the vehicle will be abandoned or you will not return it
within 36 hours we can consider it lost or stolen and we will charge
to you an amount of Euro 2.000,00. Furthermore, we
may report this to the police. We also reserve the right to legally
proceed against you for the recovery of vehicle value and additional
- You can use the vehicle for up to 24 hours according to time you are
allowed by the fee you paid. In case you will not return the vehicle
timely in a parking area or in a dedicate docking station we can
charge to you an amount of Euro 50,00;
- You must report any accident, crash, damage, personal injury, or a
stolen or lost vehicle to us as soon as possible. In case of stolen
vehicle, you must report it the local police in maximum 24 hours.
Latest update: November 24, 2020