Last updated: 30th October 2019
Chiara s.a.s.
The following Terms of use (“Terms”) regulate the access or use by any physical person from
anywhere in Italy of websites, mobile apps, contents, products and services provided by our
company Chiara s.a.s. (“Chiara”).
PLEASE READ CAREFULLY THE TERMS BEFORE YOU ACCESS OR USE THE SERVICES.
By accessing or using the Services you agree to be bound by these Terms, and establish a
contractual relation with Chiara If you disagree with any part of the Terms, then you may
not be able to access or use the Service. The present Terms supersede any related prior
agreement, understanding and discussion. Chiara has the right to terminate any Services
Agreement for any reason, including the ending of services that are already underway, at
any time and for any reason.
Additional terms may apply to some Services, like policies regulating special events,
activities or promotions. You will be notified about such additional terms regarding
the related Services. Additional Terms may be considered an integral part of the Terms
regarding the applicable Services.
Chiara may update the Terms related to the Services from time to time. Revised terms and
conditions, policies and additional Terms on the applicable services will apply from the
date of the publication of the revised terms and conditions on this website.
By accessing or continuing to use the Services after publication of the changes you agree
to be bound by the updated Terms.
The collection and use of personal information related to
the Services is in compliance with our Privacy Policy, which is available at
www.quickrest.it/home/privacy.
Services are a technological platform allowing the users of mobile apps or websites provided by
Chiara within the framework of the services (“Apps”), to read the catalogue and order products,
that can either be picked-up at third-party providers or delivered (shipping is borne by
third-party providers).
The Services are only for personal use, commercial use is not allowed.
YOU AGREE THAT CHIARA IS NOT PROVIDING SERVICES (PRODUCTS) DIRECTLY BUT RATHER THEY ARE PROVIDED
BY INDEPENDENT THIRD-PARTY PROVIDERS WHICH ARE NOT EMPLOYED BY CHIARA.
License.
Chiara grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable, license,
subject to respecting the Terms, to: (i) access and use the Apps on your personal device, only for
what concerns the use of the Services, and (ii) access and use any related content or information
provided with the Service, only for personal (not commercial) use.
All rights not expressly granted herein are fully reserved by Chiara and its licensors.
Limitations.
You must not: (i) remove eny copyright, trade mark or any other distinctive sign of the owner from
any part of the Services; (ii) reproduce, republish, modify, duplicate or copy, redistribute, sell,
rent or sub-license, transfer, show in public, execute in public, stream, broadcast or exploit the
Services in any way which is not expressly permitted by Chiara; (iii) decompile, decode or
disassemble the Services, except for what is allowed by the applicable law; (iv) connect, duplicate
or frame any part of the Services; (v) use or launch programs or scripts with the aim of extracting,
indexing, analyzing or obtaining data from any part of the Services, or with the aim of overweighting
or hindering the operability or functionality of any part of the Services; or (vi) try to gain an
unauthorized access to or compromise any part of the Services and of the relative systems and networks.
Services and third-party contents.
Our Service may contain links to third-party services (including advertising) that are not owned or
controlled by Chiara You further acknowledge and agree that the use of such third-party services may
be subject to terms and conditions and privacy policies different from those of Chiara.
Chiara shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such third-party services. Moreover, Apple Inc., Google,
Inc., Microsoft Corporation or BlackBerry Limited and/or their respective subsidiaries and international
associates will be third-party beneficiaries of this contract in case you access the Service using Apps
developed by Apple iOS, Android, Microsoft Windows, or Blackberry mobile devices, respectively. These
third-party beneficiaries are not part of this contract and are not responsible for providing the
Service or for any kind of support. Your access to the Services using such devices is subject to
the relevant terms and conditions of the third-party beneficiaries.
Property.
The Services and all related rights are and will remain property of Chiara or of the respective
licensors. Neither these Terms nor your use of the Services grants you any right: (i) related to the
Services, except for the above mentioned limited license or (ii) to use or refer in any way to the
company name, logo, names of the products or services, trademarks, service marks of Chiara or
of its licensors.
User account.
To use the majority of the provided Services and functionality, the user must register and keep
their personal account (“Account”) updated. N order to register and create an account, the user
must be at least 18 years old or over the legal age of majority in their jurisdiction (if different
from 18 years). Registration requires that you provide Chiara with some personal information like
name, address, phone number. You are responsible for all the operations on your Account and
commit yourself to keep your username and password safe and confidential at any time. Unless
otherwise specified and allowed by Chiara in a written form, you can have only one personal account.
User requirements and behavior.
You must not give or transfer in any way yout Account to any other person or entity. You agree to
respect all the applicable laws when using the Services, and to use the Services only for legal purposes.
Text messages.
By creating an Account, you agree that the Services may include notifications via short text messages
(SMS), Con la creazione di un Account, lei accetta che i Servizi potrebbero inviarle messaggi di testo
informativi (SMS), in the framework of the normal use of the Services.
Access to devices and networks.
It is your responsibility to get access to the data network required to use the Services. Prices and
costs for messaging or mobile data traffic may apply in case you access or use the Services from a
device using wireless connection, and such costs are at your expenses. You are responsible for the
acquisition and update of compatible hardware or devices that are necessary to access and use the
Services and Apps and their relative updates. Chiara does not warrant that the Services, or any
part of them, will work on any hardware or device. Moreover, the Services may be subject to failure
or delays of the internet use and electronic communications.
You agree that the use of the Services may involve some charges which are at your expenses
for the Services or goods by third-party providers (“Charges”). After the delivery of the
services or goods purchased via the use of the Service, Chiara will facilitate the payment
of the applicable Charges on behalf of the third-party provider as a limited agent for the
recovery of the applicable Charges for the relative third-party provider. Such recovery of
the Charges will be considered as a direct payment to the third-party provider. The Charges
include applicable fees, in case they are required by law. The Charges that you pay are
definitive and may not be refundable, unless expressively otherwise specified by Chiara At
the moment when you are provided with some service or good, you have the right to ask lower
Charges from the relative third-party provider. Chiara will appropriately reply to any
request from a third-party provider to change the Charge for a particular service or good.
Tall Charges must be paid at the immediately after the order or at the moment of delivery,
and the payment will be facilitated by Chiara using the payment method indicated at the
moment of the order.
EXCEPTION.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED
BY LAW, CHIARA EXCLUDES ALL DECLARATIONS AND WARRANTIES, EITHER EXPRESSED OR IMPLIED, WHICH ARE
NOT EXPRESSIVELY SPECIFIED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, CHIARA MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY
OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CHIARA DOES NOT GUARANTEE THE QUALITY, SUITABILITY,
SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE
OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU,
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
DISCLAIMER.
UNDER NO CIRCUMSTANCE SHALL CHIARA HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY
DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS
OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CHIARA, EVEN IF CHIARA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHIARA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR
LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE
THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN
IF CHIARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHIARA SHALL NOT BE LIABLE FOR DELAY
OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE REASONABLE CONTROL OF CHIARA.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS
AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity
You agree to indemnify and hold Chiara and its affiliates and their officers, directors, employees,
and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including
attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or
goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms;
(iii) use of your User Content by Chiara; or (iv) your violation of the rights of any third party,
including Third-Party Providers.
Unless expressely specified in the present Terms, these Terms are governed by and construed in accordance with the Italian laws.
Claims of copyright infringement.
Claims of copyright infringement should be sent to Chiara designated agent at the email address
infoquickrest@chiarasas.it.
Notice.
Chiara may give notice by means of a general notice on the Services, electronic mail to your
email address in your Account, telephone or text message to any phone number provided in connection
with your account, or by written communication sent by first class mail or pre-paid post to any
address connected with your Account. You may give notice to Chiara at any time by first class mail
or pre-paid post to the address of Chiara, Via Codrignano 5/a, Borgo Tossignano (BO), Italy.
General dispositions.
You may not assign or transfer these Terms in whole or in part without Chiara’s prior written approval.
You give your approval to Chiara for it to assign or transfer these Terms in whole or in part, including
to: (i) a subsidiary or affiliate; (ii) an acquirer of Chiara’s equity, business or assets; or (iii) a
successor by merger. No joint venture, partnership, employment or agency relationship exists between you,
Chiara or any Third Party Provider as a result of the contract between you and Chiara or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under
any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but
the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In
that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with
a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent
possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the
contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the
parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous
agreements or undertakings regarding such subject matter. In these Terms, the words “including” and
“include” mean “including, but not limited to.”