Terms e Conditions

Conditions Effective Date: December 1, 2020

1. Subject

QUA has developed an Event-Sharing Platform accessible on mobile devices by downloading it from the Apple Store (iOS) or Google Play Store (Android). The platform is designed to create Events / Experiences available to other users.
These general conditions of use are intended to govern the access and conditions of use of the Mobile App. Please read them carefully. The User acknowledges and accepts that QUA is not a party to any agreement, contract or contractual relationship, of any nature, concluded between the Users of their Mobile App.
When registering to the service, by clicking on “I Accept the Terms”, the User acknowledges having read and accepted all these general conditions of use.
The app uses third-party services that state their own Terms and Conditions.
The links to the terms and conditions of third party service providers used by the app are:

• Google Play Services (http://policies.google.com/terms)
• Firebase Authentication (http://cloud.google.com/terms)
• Firebase Crashlytics (http://firebase.google.com/terms/crashlytics)

2. Definitions

In this document,

Account

designates the account that must be created to become a User and access certain services offered by the Mobile App;

Social Account

means the possibility of creating an account through the authorization granted by an external Provider (Article 3.2);

Participant User

means the user who can search for Events / Experiences and request the invitation and, if approved, can become a “guest” of the Organizer;

Guest

means the user with a single name invitation with a reserved place within QUA.

Organizer

designates the user who creates Events / Experiences, shares them on QUA and makes the Location managed by him available to his guests (free of charge or with an Entrance Fee);

Event

means an event organized in a place, which is created and shared by the Organizer on the QUA Mobile App. The Organizer hosts Guests with a forwarded or pre-approved invitation;

Location

designates the place where the Event / Experience created by the Organizer is located;

Ticket

designates a uninominal code created after approval by the Organizer in order to participate in a specific event;

Invitation Request

means a request to participate to be one of the guests, sent by a “participant” user to an “Organizer” user;

General conditions of use

means these general conditions of use;

Booking confirmation

has the meaning indicated in the following Article 4.2.1;

User Content

has the meaning indicated in the following Article 11.2;

Entrance Fee

means, for a given event, the sum of money requested by the Organizer and accepted by the participant as a contribution to the costs of the event;

Place

means the reserved seat that a Guest in the Organizer’s Event / Experience has;

Platform

has the meaning indicated in Article 1 above;

Services

means all the services provided by QUA through the Platform;

User

means any person who has created an Account on the Platform.

3. Registration on the Platform and creation of an Account

3.1. Conditions for registering on the Platform

The Platform can be used by persons aged 13 and over. By accessing, using or registering on the Platform, the User declares and guarantees that he is 13 years old. The app is strictly prohibited to anyone under 13 years of age.

3.2. Creating an account

The Platform allows Users to interact with each other to create, view and participate in Events / Experiences. It is not possible to post, view or request an Invitation without registering by creating an Account and becoming a User.
To create the Account, it is possible to provide an email and a password or with prior authorization provided by an external Provider: Facebook, Google or Apple.
To use the platform you need to have read and accepted the Conditions of Use and Privacy Policy.
When creating the Account, the User agrees to provide accurate and truthful information, and to update it from his / her profile, in order to ensure the relevance and accuracy for the entire duration of his / her contractual relationship with QUA.
Only the User is responsible for the use of the Account by third parties, unless he has expressly informed QUA of the loss, fraudulent use by third parties or the disclosure of his password to third parties.
The User undertakes not to create or use, under his own identity or that of third parties, Accounts other than the one initially created.

4. Use of the Services

4.1. Publication of Events / Experiences

As a User and provided that the conditions indicated below are met, it is possible to create and publish Events / Experiences on the Platform by entering an accurate description of the Event / Experience you intend to host (date/time, number of places available, maximum number of guests, additional options, amount of the Entrance Fee, etc.).
The User is authorized to publish an Event / Experience only if all the following conditions are met:

1. He publishes Events / Experiences only of which he is a part as Organizer or co-Organizer in a “Location” he owns or uses with the express authorization of the owner and in all cases where its use is not prohibited.
2. The User is and remains one of the main Organizers of the Event / Experience in question published on the QUA Map.
3. In case of damage to the Organizer (various objects, furniture, location), it will be his responsibility to answer for the damages.
4. The maximum number of seats available and invitations to be paid must be less than or equal to the maximum capacity of the Location especially for current Covid-19 security laws.
5. The User will not publish more than one Event / Experience for the same date, time and place.
6. The location used complies with the safety standards according to the provisions of the new Ministerial Decree 22 January 2008, n. 37 for the reorganization of plant safety.
7. As required by the laws in force in Italy, it is the user who must take care to pay the appropriate amounts to the competent bodies (e.g. SIAE).

The User acknowledges that he is solely responsible for the content of the Event / Experience published on the App. Consequently, the User declares and guarantees the accuracy and truth of all information contained in the description of the Event / Experience and undertakes to ensure compliance with the conditions shown in the description of the Event.
If the Event / Experience complies with the General Conditions of Use, it will be published on the app and therefore visible to registered Users who perform a search in the Map section. QUA reserves the right, at its sole discretion and without notice, not to publish or remove, at any time, any Event / Experience that does not comply with the General Conditions of Use or which it considers harmful to its image, that of the Platform or that of other users.
The User acknowledges and accepts that the criteria taken into consideration for the classification and order of display of the event, among others, are at the sole discretion of QUA.

4.2. Request an invitation

QUA has set up a booking system by requesting an invitation that must be approved by the Organizer of the Events / Experiences available on the App. When a Participating User is interested in an Event / Experience, he can make an invitation request. This can be accepted or declined manually by the Organizer of the event. If accepted by the Organizer, the Participant receives the invitation with all the information about the event, including the exact address. If the Organizer has chosen to receive the Cost Contribution (see 5.4.1), QUA is not part of the money sending / receiving process. The monetary exchange can take place at the Location of the Event / Experience in the ways chosen by the Organizer without QUA being part of the process.
Upon confirmation of the invitation, QUA will send an invitation, to be used as an Admission Ticket, with detailed information on where the Event / Experience is located. The Organizing User is solely responsible for selecting Guests at his/her Event / Experience.

4.3. Review system

Moderation: the User acknowledges and accepts that QUA reserves the right not to publish or to delete any event, content, feedback, if it considers that these violate these General Conditions of Use.
Limit: QUA reserves the right to suspend the Account, limit access to the Services or terminate these General Conditions of Use in the Event / Experience that (i) has received at least 3 reports.

5. Financial conditions

5.1. Entrance Fee

The Entrance Fee to expenses is determined by the Organizing User, under his sole responsibility. If the Organizer user wants to profit, it is his sole responsibility to declare it to the reference bodies. Consequently, if the User does not agree to limit the Contribution to the expenses requested from the guests to the costs actually incurred for the Event / Experience, he exposes himself to the risks relating to it.

5.2. Access to the QUA App

Access and registration on the Platform, as well as the search, viewing and publication of Events / Experiences, are free. However, actual participation in an Event / Experience may be subject to an Admission Fee specified by the Organizer.

5.3. Methods of payment and reimbursement of the Entrance Fee to the Organizer

The User, as Organizer, undertakes to specify the amount of the Entrance Fee, if any, in the of his Event / Experience and undertakes not to modify it without first informing the Guests. Where present, this amount paid directly to the venue of the Event / Experience (see 5.3.1).

5.3.1. Payment of an Entrance Fee for the Event / Experience to the Organizer

6. Non-commercial and non-corporate purpose of the Services and the Platform

As Organizer, the User undertakes not to request an Entrance Fee higher than the costs actually incurred and, in case he wishes to generate a profit, it will be the commitment of the Organizer user to make the appropriate declarations and payments to the reference agencies.
QUA also reserves the right to suspend the Account, limit access to the Services or terminate these General Conditions of Use in case of activity by the User on the Platform, which, due to the nature of the Events / Experiences offered, of their frequency, the number of invited guests and the Contribution to the expenses requested, leads to an undeclared profit situation to the appropriate agencies for the User or for any reason suggests to QUA that the User is generating an illegal profit on its Platform.

7. Cancellation policy

Events / Experiences for which the Organizer has chosen to receive the Entrance Fee can be canceled at any time before the start of the Event / Experience by the Organizer. In this case, the Guest will not be required to cover the Entrance Fee cost.

8. Behavior of Users of the Platform

8.1. Commitment of all Platform’s Users

The User acknowledges that he is solely responsible for compliance with all laws, regulations and obligations applicable to the use of the QUA App.
Furthermore, when using the App and during Events / Experiences, the User agrees:

1. not to send to QUA (in particular when creating or updating the account and Events / Experiences or to other Users ) false, misleading, harmful or fraudulent information;
2. not to speak or behave in any way or post any content on the Platform that is defamatory, abusive, obscene, pornographic, offensive, misplaced, violent, threatening, harassing, racist or xenophobic or with exual connotations, which contains incitement to violence, discrimination or hatred, activities that encourage or the use of illegal substances, or more generally in contrast with the purposes of the Platform, which could violate the rights of QUA or a third parties or which is contrary to morality and / or to public order;
3. not to infringe the rights and image of QUA, in particular its intellectual property rights;
4. not to open more than one Account on the Platform and not to open an Account in the name of third parties;
5. not to attempt to bypass the invitation system by revealing the address of the location to third parties in order to get them to the Event / Experience without any valid invitation;
6. to comply with these General Conditions of Use and the Privacy Policy.

8.2. Commitments of the Organizers

In addition, when using the Platform as an Organizer, you agree:

1. to comply with all laws, regulations and codes applicable to good neighborliness and damage of public quiet. If they are not respected, the Organizer assumes full responsibility;
2. not to cause damage to third parties;
3. to create and share only actually scheduled Events / Experiences;
4. to conduct the Event / Experience as described in its information and to respect times and places;
5. not to indicate and host more people than the number of Places available in the Location, in compliance with the latest anti-Covid Prime Ministerial Decrees;
6. to promptly inform the Guests through appropriate changes to the Event / Experience created, in case of delay or modification of the times or information relating to the Event,
7. to wait for the Guests at the entrance of the Location;
8. not to publish an Event / Experience in a Location that you do not own or are not authorized to use;
9. not to generate any illegal and undeclared profit through the Platform;
10. to behave fairly and responsibly during the Event / Experience and in accordance with the spirit of QUA.

8.3. Commitments of Guests

When using the Platform as a Participant, you agree:

1. to adopt an appropriate behavior during the Event / Experience so as not to obstruct the rules imposed by the Organizer;
2. to respect the Organizer’s location and its cleanliness;
3. to pay the Entrance Fee declared by the Organizer on the file of his Event / Experience;
4. to show to any Organizer who requests it, his/her identity card or a document certifying his/her identity;
5. not to bring to the Event / Experience any element, goods, substance or animals that could obstruct the existing rules or that could be in conflict with the legal provisions in force.

QUA reserves the right to suspend the Account, restrict access to the Services or terminate these General Terms of Use in the Event / Experience of a breach of these General Terms of Use.

9. Account suspension, access limitation and termination

The User can terminate his/her contractual relations with QUA at any time, without cost and without giving any reason. To do this, simply click “Delete account” on the Profile page.
In case of (i) violation of these General Conditions of Use, including the obligations of Users referred to in Articles 6 and 8 above, (ii) exceeding the limit referred to in Article 4.3.3 above, or (iii) if QUA has a real reason to believe that this is necessary to protect its safety and integrity, that of Users or third parties, or for the purpose of preventing fraud or investigations, QUA reserves the right to:

1. terminate the General Conditions of Use that binds the User to QUA immediately and without notice; and / or
2. restrict the access and use of the Platform by the User; and / or
3. temporarily or permanently suspend the account.

When this proves necessary, the User will be informed about this measure in order to allow him to provide explanations to QUA. QUA will decide, at its sole discretion, whether or not to remove the measures applied.

10. Personal data

In the context of Platform usage by the User, QUA will collect and process some of the User’s personal data. By using the Platform and registering as a User, the User acknowledges and accepts the processing of their personal data by QUA in compliance with current legislation and the provisions of the Privacy Policy.

11. Intellectual property

11.1. Content published by QUA

In relation to the content provided by its Users, QUA is the sole owner of all intellectual property rights relating to the Service, the Platform, its content (in particular texts, images, drawings, logos, videos, sounds, data, graphics) and software and databases that ensure their operation.
QUA grants a non-exclusive, personal and non-transferable right to use its Platform and Services.
Any other use or exploitation of the Platform and the Services, and their content, without the prior written authorization of QUA is prohibited. In particular, the User is prohibited from:

1. reproducing, modifying, adapting, distributing, representing and publicly disseminating the Platform, the Services and the content, with the exception of what is expressly authorized by QUA;
2. extract or attempt to extract (in particular using data mining robots or any other similar data collection tool) a substantial part of the Platform data.

11.2. Content published by the User on the Platform

In order to allow the provision of the Services, and in accordance with the objective of the Platform, the User grants to QUA a non-exclusive license to use the content and data provided in the context of the use by of the User of the Services (hereinafter, “User Content”). To allow QUA to distribute via the digital network and in compliance with any communication protocol (in particular the Internet and mobile network), and to provide the Platform content to the public. The User authorizes QUA, throughout the world and for the entire duration of his contractual relationship with QUA, to reproduce, represent, adapt and translate the User Content as follows:

1. the User authorizes QUA to reproduce all or part of the User Content on any digital recording medium, known or still unknown, and in particular on any server, hard disk, memory card, or any other equivalent medium, in any format and by any procedure, known or still nknown, to the extent necessary for any storage, backup, transmission or download operation related to the Platform fully operativity and the Service provisioning;
2. the User authorizes QUA to adapt and translate the User Content, and to reproduce these adaptations on any digital medium, current or future, as indicated in point (i) above, with the aim of providing the Services, especially in several languages. This right includes in particular the possibility of making changes to the formatting of the User Content, with respect for its moral right, for the purpose of respecting the graphic layout of the Platform and / or to make it technically compatible in view of its publication through the Platform.

12. Role of QUA

The Platform constitutes an online networking platform where Users can create and publish Events / Experiences for event-sharing purposes. These Events / Experiences may in particular be viewed by other Users in order to see their information and, where possible, make an invitation request for the Event / Experience in question to the User who created and published the Event / Experience on the Platform. By using the platform and accepting these General Conditions of Use, the User acknowledges that QUA is not part of any agreement entered into between the User and other Users in order to bear the costs related to the realization of the Event / Experience QUA has no control over the behavior of its Users and users of the Platform. It does not own, exploit, provide or manage the Locations of the published Events / Experiences. The User acknowledges and accepts that QUA does not guarantee the validity, truthfulness or legality of the Events / Experiences offered.
Users act under their sole and full responsibility. In its capacity as intermediary, QUA cannot be held responsible for:

1. incorrect information communicated by the Organizer about its Event / Experience and its conditions;
2. cancellation or modification of an Event / Experience by a User;
3. failure to pay the Entrance Fee;
4. behavior of its Users during, before or after the Event / Experience.

13. Operation, availability and functionality of the Platform

QUA will try as much as possible to keep the Platform accessible 7 days a week and 24 hours a day. However, access to the Platform may be temporarily suspended, without notice, due to technical maintenance, migration or update interventions, or due to interruptions or limitations related to the operation of the network.
The Platform’s mobile App is currently available for the iOS (Apple) and Android (Google) mobile operating systems. The system requirements may change and require the Platform mobile app to be updated to continue its usage. QUA does not guarantee that it will update the mobile app of the Platform so that it always works with the same version of the operating system installed on the end user’s device. Also QUA may interrupt the provision of the mobile app of the Platform or inhibit its use at any time and without notice.
QUA reserves the right to modify or suspend, in whole or in part, access to the Platform or its functionalities, at its sole discretion, temporarily or permanently. Unless otherwise indicated by us, in the Event / Experience of a permanent suspension of the service, (i) the rights and licenses granted to you under these terms will cease; (ii) the end user will be asked to stop using the mobile app of the Platform and, if necessary, to delete it from the end user’s device.

14. Changes to the General Condtions of Use

These General Conditions of Use and the documents integrated by reference represent the entire agreement between the User and QUA relating to the use of the Services. Any other document, in particular any mention relating to the Platform (e.g. FAQ), has the sole purpose of providing information.
QUA may modify these General Conditions of Use in order to adapt them to its technological and commercial environment and to comply with the legislation in force. Any changes to these General Conditions of Use will be posted on this page. If appropriate, we will notify users or ask them to provide consent. Please check this page often for any updates or changes to our General Conditions.

15. Applicable law - Disputes

These general conditions of use are written in English but subject to Italian law. In accordance with the rules applicable to mediation, the User is required, before any request for mediation, to have informed QUA in writing of any disputes in order to obtain an amicable agreement.

16. Legal notes

For any questions, you can contact our Legal Officer at: info@qua-app.com.