Terms and Conditions

This document sets out the general terms and conditions on the basis of which users are offered the use of the Onemoreday website that provides support to students.

Definitions

To enable a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

  • Owner: Onemoreday S.r.l., with registered office at Viale Piave 11, 20129 Milan, VAT / Tax Code IT 11273340965, IT 11273340965, fully paid-up share capital €10,000.00, PEC address onemoreday@pec.net
  • Application: the Onemoreday website
  • Products: the products provided to the user by the Owner
  • User: any person who accesses and uses the Application
  • Consumer User: the adult natural person who enters into a contract for purposes unrelated to his/her entrepreneurial, commercial, craft or professional activity
  • Non-Consumer User: the adult natural person or legal entity who enters into a contract for the performance or requirements of his/her entrepreneurial, commercial, craft or professional activity
  • Conditions: this contract governing the relationship between the Owner and Users and the sale or supply of Products offered by the Owner through the Application

Scope of application of the Conditions

The use of the Application implies the User's acceptance of the Conditions. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the Application or the related services.

1. Introduction

Welcome to Onemoreday. By using our service, you accept the following terms and conditions in their entirety. Please read them carefully before using the platform.

2. Use of the Service

The use of Onemoreday is subject to the following conditions:

  • You must be at least 13 years old to use the service
  • You must provide accurate information during registration
  • You are responsible for the security of your account
  • You may not use the service for illegal purposes

3. Subscriptions and Payments

For users who choose a paid plan:

  • Payments are processed through secure providers
  • Subscriptions automatically renew at the end of the period
  • You can cancel your subscription at any time
  • Refunds are available within 30 days of purchase

4. Privacy and Personal Data

Your privacy is important to us. We collect and process personal data in accordance with GDPR and other applicable privacy laws. For more information, please refer to our Privacy Policy.

5. Intellectual Property

All intellectual property rights relating to Onemoreday are our property. You are not allowed to:

  • Copy or reproduce the content of the platform
  • Modify or create derivative works
  • Use our trademark without authorization

6. Limitation of Liability

Onemoreday is provided "as is" and we provide no warranties of any kind. We are not responsible for:

  • Service interruptions
  • Loss of data
  • Indirect or consequential damages

7. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately after posting on the site. Continued use of the service after such changes constitutes acceptance of the new terms.

Purchase or request for supply through the Application

All Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. In addition, any images of the Products are only representative and do not constitute a contractual element.

Purchases and/or requests for the supply of one or more Products through the Application are permitted to both Consumer Users and Non-Consumer Users.

Registration

To use the features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and the Conditions.

Account cancellation and closure

The registered User may stop using the Application at any time and deactivate their account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address info@onemoreday.io.

Subscription

The Application offers Products on subscription. The characteristics and methods of subscription are detailed in the Application.

Trial period

The User is given the possibility to use the Products offered by the Application for a limited trial period which, depending on the circumstances, may be free or at a discounted price.

Prices and payments

For each Product, the price including VAT, if applicable, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.

Invoicing

Users who wish to receive an invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User, which he/she declares and guarantees to be true, will be used, releasing the Owner from any liability in this regard.

Method of supply of digital Products

The Owner will provide the digital Products to the User, in the manner and within the time indicated on the Application and reported in the order confirmation.

If it is not possible to provide the requested digital Products within this time, the User will be promptly notified by e-mail, indicating when it is expected to be able to provide them or the reasons that make the supply impossible.

If the User does not intend to accept the new deadline or the supply has become impossible, he/she may request a refund of the amount paid, which will be promptly credited in the same payment methods used by the User for the purchase, at the latest within 14 days from the date on which the Owner became aware of the refund request.

Exclusion of the right of withdrawal for Non-Consumer Users

Non-Consumer Users are not granted the right to withdraw from the contract for the sale or supply of Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him/her as a Non-Consumer User, for whom the right of withdrawal is not provided.

Right of withdrawal of Consumer Users from the purchase of digital Products

Only Consumer Users who for any reason are not satisfied with the Product have the right to withdraw without any penalty and without specifying the reason within the term of 14 days from the date of conclusion of the contract, by sending a written communication to the e-mail address info@onemoreday.io, using the optional withdrawal form referred to in the following article or any other written declaration.

In case of correctly exercised withdrawal, the Owner will reimburse the Consumer User for the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated his/her withdrawal from the contract.

In case of purchase of a digital Product, the Consumer User acknowledges and accepts to lose the right of withdrawal if the execution or download of the digital Product has begun with his/her express agreement and with the acceptance of losing the right of withdrawal after the execution or download has begun, pursuant to art. 59, letter o) of the Consumer Code.

The Consumer User acknowledges and accepts that withdrawal from a subscribed subscription does not entail the return of amounts relating to Products already used or provided.

Content uploaded by Users

The User may upload Content to the Application, provided that it is not illegal (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violating the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mails or any other form of spamming. In case of dispute by third parties, the User assumes full responsibility and undertakes to hold the Owner harmless from any damage, loss or expense.

The User guarantees that the Content is sent to the Application through his/her account by adults. For minors, the sending of Content must be screened and authorized by parents or those exercising parental responsibility.

The User is totally and exclusively responsible for the use of the Application with regard to the functions of publishing, consulting, managing Content and contacting Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Content and his/her behavior.

It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate his/her identity, or otherwise to make false statements about the origin of the Content.

The Owner is not able to ensure a timely control on the Content received and reserves the right at any time to delete, move, modify those that, in its discretionary judgment, appear illegal, abusive, defamatory, obscene or infringing copyright and trademarks or otherwise unacceptable.

Users grant the Owner a non-exclusive right to use the Content sent, without limitations of geographical areas. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) that may be sent by the User, including through third parties.

The Content sent will not be returned and the Owner will not be responsible towards the Users for the loss, modification or destruction of the transmitted Content.

It is expressly forbidden, unless explicitly authorized by the Owner: i) the use of automated ad loading systems, except those expressly authorized, ii) the serial publication and/or management of advertisements on behalf of third parties by any means or method, iii) reselling the Owner's services to third parties.

Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or the Content available on the Application. Therefore, all trademarks, figurative or nominal, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, content relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.

The Conditions do not grant the User any license to use the Application and/or any individual content and/or materials available therein, unless otherwise regulated.

Any reproduction in any form of the explanatory texts and Content of the Application, if not authorized, will be considered a violation of the Owner's intellectual and industrial property right.

Disclaimer of Warranty

The Application is provided "as is" and "as available" and the Owner makes no express or implied warranty in relation to the Application, nor does it provide any warranty that the Application will meet the needs of Users or that it will never be interrupted or will be error-free or will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the Owner's will or for events of force majeure.

Limitation of Liability

The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the internet network outside its own control or that of its suppliers.

The Owner will also not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for causes not attributable to it, the User having the right only to the eventual full refund of the price paid and any ancillary charges incurred.

The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card numbers, name of the holder, password, etc.)

The Owner will not be responsible for:

  • any loss of business opportunity and any other loss, even indirect, that may be suffered by the User that is not a direct consequence of the breach of contract by the Owner
  • erroneous or unsuitable use of the Application by Users or third parties
  • the issuance of incorrect tax documents or data due to errors relating to the data provided by the User, the latter being solely responsible for correct entry

In no case can the Owner be held responsible for an amount exceeding twice the cost paid by the User.

Force majeure

The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.

The fulfillment of the obligations by the Owner shall be deemed to be suspended for the period in which force majeure events occur.

The Owner will perform any act in its power in order to identify solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.

Link to third-party sites

The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.

Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at the page https://www.iubenda.com/privacy-policy/70833931

Applicable law and competent court

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in articles 18, 19 and 20 of the civil procedural code.

The application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is without prejudice, in particular in relation to the period for exercising the right of withdrawal, the period for the return of Products, in the event of the exercise of this right, the methods and formalities of communication of the same and the legal guarantee of conformity.

For Non-Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Owner has its registered office.

Online dispute resolution for Consumer Users

Consumer Users residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online in a non-judicial manner. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date: 25/08/2020