Version updated to 01/11/ 2019.
This contract defines the general terms and conditions of use of the services offered by Uppesive.com, is property of Artesive S.r.l. with headquarters in Via Calvagese 22, 25080 Polpenazze del Garda (BS)) – Italy, VAT:04094790989 (hereinafter, for brevity, also the “Company"), on the web portal www.uppesive.com and on its extensions accessible from smartphones and tablets (hereinafter, for brevity, also the “Site", “Platform", or “Uppesive.com").
PLEASE READY COMPLETELY THESE BELOW INFORMATIONS
Uppesive.com is a beta test web service created on an external platform. The general conditions of Uppesive.com below also apply to the use of Uppesive.
Users themselves retain the right to all text, images and other content they create in the service. Users allow others to use the content in accordance with the nature of the service and also allow the service provider to store information and data and make necessary changes to the service or study, however other rights are not transferred by users, except otherwise agreed. The responsibility for the content lies with the user, who produced it at the service. The service provider has the right to remove any material as it deems necessary.
No guarantees are provided regarding the functioning of the Uppesive service. Users are themselves responsible for their actions in the service and must estimate the reliability of other users before dealing with them. The service provider cannot under any circumstances be held responsible for damage caused to the user. The user cannot store any information or data in the service and expects it to remain there.
At the basis of the use of Uppesive there must be an ethics of behavior that involves both the end user and the professional. In advertisements it is not possible to insert texts or images that may be blasphemous or that concern any act of racial discrimination or that in any case we are not dealing with the service offered which is and must always remain in conformity with the sector of Home Renewal. Uppesive reserves the right to remove all advertisements, cards or images deemed inappropriate to safeguard the end user and the portal itself.
It is absolutely forbidden to insert external links or images containing external links within the card of one’s own competence. These will be immediately removed and the user will be suspended from the service.
In the competence form it is mandatory to use a correct and not offensive language.
The navigation of some sections of the Site can also be performed by unregistered users, free of charge.
For the purposes of the complete and complete use of the Services offered by the Site, it is, however, necessary to register on the Site and create a password-protected account (“Account").
The User declares and undertakes to provide accurate, up-to-date and complete information during registration or during the process of sending the request for quotation, as at any time of use of the Platform, and, should there be any variations in the data provided during registration, it will be the exclusive responsibility and responsibility of the user to inform Uppesive.com of data changes in a timely manner.
The User declares and accepts that he is solely responsible for protecting the confidentiality of the Uppesive.com password and is solely responsible for all activities that occur on his Account and undertakes to immediately notify Uppesive of any non-use. authorized by the Platform.
Uppesive.com allows Users to offer and request home services, such as renovation, construction, cleaning, design and redevelopment services.
At any time Uppesive reserves the right to remove all users who insert unsuitable or non-related services.
Below are listed the prohibited and prohibited services on Uppesive.com:
– sales of products: Uppesive allows companies and professionals to provide customers with services only, not products.
– loans and consumer credit, debt consolidation, assistance, foreclosure, refinancing, or credit repair.
– Sexual or sexual services and / or libido, exchange of contacts for the purpose of sexual encounters etc.
– Lease services: Uppesive does not allow the offer of rental services for residential or commercial use (eg leasing of offices, party locations, weddings and conferences).
– Tourist services: Uppesive.com does not allow the offer of tourist services, and does not accept that hotels, Bed & Breakfasts (and similar) promote tourist services, accommodation offers and holiday packages.
– Event announcements
By posting content on Uppesive.com, the User agrees to fully comply with these General Conditions and undertakes to comply with them.
Uppesive.com reserves the right to remove any content, in whole or in part, that violates the following guidelines or the General Conditions, or for any other reason, at its sole discretion.
If, as a User, you believe that any content published in the file violating the law, the contract or is inappropriate or offensive, we ask you to notify the Company immediately. However, please note that the contents of our site may be unpleasant to you without violating legal or contractual provisions, therefore, the Company reserves the right to make any assessment.
The review (the “Review") is a valuable tool for verifying the reputation, reliability and quality of Customers and Professionals.
For each User, within his own Profile, there is a section that contains all the Reviews, including the relative score and comments, of the Users with whom he interacted.
For this reason, we invite you to be very careful and use common sense when leaving a Review. What you write as a Customer or Professional will remain permanently in the User Profile with which you concluded the contract.
The purpose of Uppesive.com’s rules regarding the Review is to create business relationships based on fairness, good faith, diligence, trust and mutual respect. However, some essential rules must be followed to ensure correct and abusive use of the Review system.
The service provider has the right to remove any user from Uppesive and to interrupt his right to use the service without any specific reason and without being held responsible for compensation.
No compensation is due from Uppesive to any user, whether they are service providers or end customers. Uppesive is not responsible for incorrect behavior by both parties.
The use of the Customer Service offered by the Uppesive.com is free.
The use of the services covered by the Professional Service is based on different plans. The basic Plan called “Free" is free to use and is limited to 1 listing for 365 days (1 year), This plan will be automatically with the sole exception of the response service to requests sent by Customers.
This plan is automatically renewed following the user’s tacit consent and no cost is required from the professional.
Uppesive.com offers the possibility of having upper floors that offer more listings and greater visibility thanks to an increase in images, videos, information and other features to be included in your ad.
These plans called “Pro" and “Superior" are only available for a fee. The cost of the pay plans are available on the “Pricing Plans" page and have a duration of 365 days (1 year).
The prices of the pay plans include VAT at 22%.
For every purchase of the paid plan, a receipt will be issued and, if requested, will be accompanied by a commercial invoice with a separate VAT rate, for this reason, the Company Name, address, tax code and VAT number must be provided.
PayPal: The payment processing services through the use of Paypal are subject to the conditions of use of the PayPal service.
Purchases made on the Uppesive.com Platform are non-refundable, except in the cases and in the manner provided for in the Refunds section of our frequently asked questions (FAQ).
The activity carried out by the Company within the Services offered on the Site and on the Platform consists exclusively in offering Users a web portal where Clients can find the service and the professional considered by them most suitable for the satisfaction of their needs and professionals can take advantage of an additional channel to offer their services.
In particular, the User acknowledges that Uppesive.com is not an “auctioneer" in the traditional sense of the term: Uppesive.com is simply a place where anyone can describe personal projects and request quotes for the categories defined by Uppesive.com , and in which professionals can prepare estimates and make offers to provide the services requested, at any time, from any Internet location, in any place, and in different ways.
The Company, through Uppesive.com, provides only some information to support the evaluation by the Customer and to this end makes available the data and information provided by the Professionals in addition to the feedback given by the Customers under their sole responsibility. This information is not verified by the Company and remains, in any case, understood that the Company does not assume any responsibility for the same.
Therefore, the Company has no control functions, nor is it active in the same area of competence of the Professionals, declining – both with regard to Clients and Professionals who expressly accept this limitation of responsibility – any liability deriving from or connected to the relationship between Customer and Professional in view of the fact that the Company remains completely extraneous to this relationship.
Furthermore, the Company cannot verify the truthfulness and accuracy of the projects, the estimates and the published offers, or the ability of the Professionals to provide the services indicated and carry out the services in the manner indicated, nor can it ensure that a Customer or a Professional are able to complete the transaction.
It follows that the choice of the offer and / or estimate deemed most appropriate, like the choice of the Professional, are made by the Customer in complete autonomy with consequent assumption of all responsibility by the latter and this also with reference to the verification that the services rendered by the Professional have been performed as specified in the quote request.
Therefore, the Company, in order to provide services requested / offered through the Site, is in no way a contractual party, interposed and / or implicit and / or indirect, of Users and / or third parties, with the direct consequence that ( i) has no role in the obligatory and / or contractual relationship (as well as in the related responsibilities) that is established exclusively between the Customers and the Professionals, (ii) does not carry out any control, nor assumes any responsibility with regard to quality, safety, lawfulness and correctness of the provision of the services offered by the Professionals and possibly provided by them in the manner agreed between the Professional and the Customer.
The Company assumes no responsibility and, consequently, cannot be held responsible for any profile of the offers and services performed through the Platform, and, therefore, by way of example only and not exhaustively, to:
– the truthfulness and accuracy of the Content uploaded by Users on the Site;
– quotes and offers published on the Site;
– the ability and professionalism of the Professionals in providing the services indicated or to carry them out according to the methods agreed with the Client as well as with regard to fully satisfying the needs and expectations of the Customer with reference to the results obtained from the use of the service by the same;
– the non-performance and / or incorrect performance of the service rendered to the Customer by the Professional, also with regard to any defects or discrepancies arising after the conclusion of the same;
– Any financial or other damage that the Customer and / or third parties may suffer as a result of the failed or incorrect performance of the service by the Professional, who will therefore be solely responsible, for whatever reason, to the User and / or of third parties;
– the failed or delayed or incomplete payment by the Customer of the fees due in relation to the services provided by the Professional;
– the truthfulness of the information and data, even personal, entered by the Users, the possible violation of third party rights, including the violation of patents, trademarks, secrets, copyrights or other industrial and / or intellectual property rights, or the failure to comply with any applicable legislation on the operations carried out through the Site and any pecuniary or non-pecuniary damage suffered by the Users or by third parties in connection with any activity linked to the use of the Site.
– Furthermore, the Company cannot be held responsible in any way for:
– any loss of goodwill or commercial reputation, of profit, of data, whether it is configured as direct as well as indirect or consequential;
– any loss, damage, direct, indirect or consequential, that the Users may suffer as a result of:
– any reliability placed on the completeness, correctness or existence of any Content published by Users on the Site;
– any changes that the Company may make to the Site or the Services, or for any temporary or permanent interruption in the provision of the same;
– the cancellation, corruption, or failure to memorize, of any Content, as well as communication of data, maintained or transmitted, by or through the use of the Services by the User;
– the failure to send precise information by the User;
By accepting these General Conditions, the User – both Customer and Professional – undertakes to indemnify and hold harmless the Company, as well as the aforementioned representatives and all the companies of the Group and their representatives, from any claim and / or claim and / or exception and / or request for compensation, including legal fees, caused and / or deriving from the offer and / or performance of the services all promoted and rendered through the Platform as well as the violation of these General Conditions or the violation of any applicable law and regulation or right of third parties.