Terms and Conditions

These General Service Conditions (hereinafter 'GSC') apply to the services offered by Replate S.r.l. - Viale Maria Ceccarini Borman 195, 47838 Riccione (RN) - CF 04691470407 - PEC [email protected] (hereinafter 'Provider') to the users of the Platform.

1. Definitions

  • Reserved Area: the area of the Site accessible by using the Platform Access Credentials, available to Customers duly activated for the Service.
  • Activity: commercial activity conducted by each Customer in compliance with applicable and current legislation.
  • Customer: any natural or legal person conducting the Activity who, as a professional and in the course of their business activity, registers for the Service and utilizes the Service.
  • Fixed Contributions: the Service fee paid by the Customer to the Provider for the Functionality.
  • Access Credentials: the username and password provided by the Provider to the Customer at the time of Service activation and used by the Customer to access the Platform's Reserved Area.
  • Intellectual Property Rights:
    • (i) trademarks (registered and unregistered), business names, signs, trade names, product shapes and packaging, domain names, and any registration or application for such;
    • (ii) copyright, related rights, and any equivalent effect rights;
    • (iii) inventions (patentable and non-patentable), patents, utility models, designs, and models (registered and unregistered), and all related applications;
    • (iv) any know-how, trade secrets, technical secrets, technologies, processes, designs, plans, specifications, methodologies, including studies and performance results of products, services, customer and supplier lists, price lists, information on supply sources and costs, offers, and business and marketing plans;
    • (v) software (including source codes, object codes, executables, systems, tools, data, firmware) and databases, as well as related documentation.
  • Duration: the entire period during which the Customer is active on the Service until they permanently unsubscribe from the Service.
  • Provider: Replate S.r.l. - Viale Maria Ceccarini Borman 195, 47838 Riccione (RN) - CF 04691470407 - PEC [email protected]
  • Functionality: the Web Menu Functionality and the Replate Manager Functionality (Mobile), collectively considered.
  • Web Menu Functionality: the service of accessing the Platform via the Site by the User using their own devices (smartphone, tablet, PC, etc.), whose features are specified on the Site, as updated from time to time by the Provider, forming an integral part of these GSC.
  • Replate Manager Functionality (Mobile): mobile application intended for the Customer to create the digital menu through the Provider's Platform, whose features are specified in the mobile application, as updated from time to time by the Provider, forming an integral part of these GSC.
  • License: the license to use the Platform granted by the Provider to the Customer pursuant to article 4 License and Intellectual Property Rights.
  • Platform: the IT system owned by the Provider through which the Service is provided.
  • Products: food and/or beverages sold and/or served to Users by the Customer in conducting the Activity.
  • Service: the service provided by the Provider under these GSC, composed of and characterized by the various Functionalities selected by the Customer.
  • Site: the Provider's website, available at the URL https://replate.it, through which it is possible to access the Platform's Reserved Area where the Service is provided.
  • User: any natural person using the Service customized by the Customer.

2. Effectiveness

  1. 1. These GSC apply to the Customer during the use of the Platform and to the User during the use of the Site.
  2. 2. By using the Services and the Platform, the Customer declares to have read and understood these GSC and accepts them in full. Furthermore, the Customer declares to have reviewed the privacy policy published on the Site https://replate.it/privacy/
  3. 3. The User, by using the Site, declares to have read and understood these GSC and accepts them in full. Furthermore, the User declares to have reviewed the privacy policy published on the Site https://replate.it/privacy/
  4. 4. The Provider expressly reserves the right to modify and/or supplement these GSC; in such cases, the Customer and User will be informed of the changes via a message on the Site.
  5. 5. Certain elements of the Platform may be changed at any time without notice, provided this does not result in an increase in the Fixed Contribution, a decrease in quality, or a substantial modification of the Platform's functionalities.

3. Service Usage

  1. 1. The Provider undertakes to provide the Service to the Customer, specifically the various Functionalities selected by the Customer from time to time, as provided by these GSC.
  2. 2. The use of the Service and Platform requires the availability of a suitable electronic device with an Internet connection by both the Customer and the User; it is not possible to use the Service and/or Platform, even partially, without an Internet connection.
  3. 3. To access the Platform and use the Service, the Customer must first be activated for the Service by the Provider.
  4. 4. The Customer must store the Access Credentials with the utmost care and diligence, adopting all suitable measures to prevent them from being disclosed to, stolen, and/or used by unauthorized third parties.
  5. 5. The Customer must change the Access Credentials password at least every 6 (six) months, following the relevant procedure indicated on the Site.
  6. 6. To use the Service, the Customer must access the Reserved Area and the Platform using the Access Credentials.
  7. 7. If the Customer authorizes any third party (including partners, directors, employees, and/or collaborators) to access the Reserved Area and/or the Platform and/or use the Platform, they must request the activation of the relevant account from the Provider, which will be activated through a specific procedure; it is understood that access to the Reserved Area and/or Platform and/or the use of the Platform by the aforementioned third parties will always be under the sole responsibility of the Customer, who shall be liable to the Provider and any other third party in relation to any event, action, and/or omission resulting from such access to the Reserved Area and/or use of the Platform.
  8. 8. To use the Service, after registration, the Customer must initially perform all necessary settings in the Reserved Area, including (for example):
    • - entering Products with price indications;
    • - optional entry of the description of the Activity, images of the Activity and the location where it is provided, address of the Activity, etc.;
    • - indicating any additional services offered by the Customer to Users, with their respective prices;
    • - setting up for the generation and printing, through the Platform, of the necessary QR codes to allow Users to use the Service.
  9. 9. By accessing the Reserved Area, the Customer can: - modify Service settings at any time.

License and Intellectual Property Rights

  1. 1. With these GSC and for the entire Duration, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable, and limited right to access the Reserved Area and use the Platform within Italy in accordance with the usage methods expressly allowed by the Platform and governed by these GSC.
  2. 2. The Customer must comply with any limitations within the Platform without altering the Platform in any way.
  3. 3. Except as required by mandatory law, the Customer shall refrain, by way of example, from carrying out the following activities:
    • - bypassing technical limitations present in the Platform;
    • - decoding, decompiling, and/or disassembling the Platform, and/or performing partial or full reverse engineering on the Platform;
    • - removing or modifying notices related to Intellectual Property Rights as they appear on the Platform.
  4. 4. The Provider reserves all rights, including Intellectual Property Rights.
  5. 5. Except as expressly permitted by these GSC, the Customer may not:
    • - use the Platform to provide, operate, implement, or facilitate any type of activity other than the Activity;
    • - use the Platform to develop activities, services, and/or products that compete with the Provider's business, the Service, or the Platform;
    • - allow third-party access or use of the Platform, except as expressly provided by these GSC; distribute or publish their Access Credentials;
    • - use unauthorized or third-party access credentials.
  6. 6. Under the License and these GSC, the Provider does not assign or transfer, nor commits to assign or transfer, any Intellectual Property Rights on the Platform to the Customer.
  7. 7. All Intellectual Property Rights on the Platform and the Site remain the full and exclusive property of the Provider and/or its successors, as applicable, worldwide and to the maximum extent permitted by each applicable law.
  8. 8. If the Provider reasonably believes that providing the Service or the Platform and/or the Site, or their use, may infringe third-party Intellectual Property Rights, it may modify or replace them (in whole or in part) without the Customer's consent or obtain a license from the third party, all at its own expense without additional charges to the Customer.
  9. 9. The Platform and Site are protected by national and international Intellectual Property laws.
  10. 10. Except as expressly authorized and provided by these GSC, the Customer may not reproduce, except as permitted by applicable laws, publish, communicate publicly, transmit, perform, display, distribute, remove, delete, add, or otherwise modify the Platform and/or the Site, or create works inspired by or derived from them, commercialize the Platform, or actively participate in its commercialization.
  11. 11. The Customer is expressly prohibited from damaging, interfering with, or disrupting access to the Platform and/or the Site, or taking actions that could impair functionality or interfere with other Customers' access to the Platform and/or the Site. The Customer shall not use the Platform and/or the Site in an illegal or harmful manner toward the Provider or any third party, including any other Customer.
  12. 12. The Site's web pages may allow access via links to third-party websites or resources on the Internet; the Provider shall not be held responsible for the actual reachability of third-party sites linked through these links or for any damage that may result to Customers from the content, materials, or services offered or obtained by Customers through websites accessible via these links.
  13. 13. The Customer may not use the Trademark in any way without prior written approval from the Provider.