Terms and conditions

Last updated: August 2020

PREMISES

This website is property of Pranzo Express srls, via caduti sul lavoro 9/3, 60019, Senigallia (AN) Italy, VAT number IT02568430421.

By purchasing our products and services, you agree to our general terms and conditions. Please review the terms of this agreement carefully: if you do not agree to it in its entirety, you are not authorized to use our service in any manner or form.

GENERAL TERMS AND CONDITIONS

Pranzo Express srls (“Ma Che Buoni”) offers a service of food delivery. These terms and conditions (this “agreement”) govern when you: (a) access or use the machebuoni.store website; (b) access and/or view any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site; (c) sign up to receive any product or services offered by Ma Che Buoni; (d) access links to Ma Che Buoni’s social media pages/accounts on third-party social media websites or mobile or other platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”); (e) enter one of the sweepstakes, contests and/or other promotions offered or conducted by Ma Che Buoni from time-to-time (collectively, “Promotions”); and/or (f) utilize the many interactive features of the Site designed to facilitate interaction between you, Ma Che Buoni and other users of the Site, respectively, including, but not limited to, blogs and associated comment sections located in designated areas of the Site, as applicable (collectively, the “Interactive Services” and together with the Site, Content, Ma Che Buoni Service, Social Media Pages and Promotions,

the “Ma Che Buoni Offerings”). By using the Ma Che Buoni Offerings, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and have read and understand our Privacy Policy. Further, you agree to enter into a legal binding agreement with Ma Che Buoni. Please do not access or use the Ma Che Buoni Offerings if you are unwilling or unable to be bound by this Agreement. The Ma Che Buoni Offerings are based and operated in the European Union. We make no claims concerning whether the content may be downloaded, viewed, or be appropriate for use outside of the EU. If you access the Service or the Content from outside of the EU, you do so on your own initiative and at your own risk. Whether inside or outside of the EU, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

We may modify this Agreement from time to time at our sole discretion. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit this Agreement on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new terms and conditions. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. You understand and agree that your continued access to or use of the Ma Che Buoni Offerings after any posted modification to this Agreement indicates your acceptance of the modifications. If you do not agree with the modified terms and conditions, you should stop using the Ma Che Buoni Offerings.

Eligibility

By using the Ma Che Buoni Offerings, you represent that you are at least eighteen (18) years of age, and have the requisite power and authority to enter into the Agreement and perform your obligations hereunder.

Nutrition Information

Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers. Ma Che Buoni does not guarantee the accuracy of any nutritional information provided by Ma Che Buoni. Ma Che Buoni will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase or consume are in accordance with your respective dietary needs, restrictions or preferences. You should always check the ingredients associated with any products that you receive from Ma Che Buoni to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.

Blog posts and other Content on the Site may contain recipes, meal recommendations, dietary advice (collectively, the “Dietary Advice”) and the food products delivered in connection with the Ma Che Buoni Service (collectively, the “Dietary Options”) will contain various ingredients. You should always consult with your physician or other healthcare professional before adopting any Dietary Advice or partaking in any Dietary Options, whether offered by and through the Ma Che Buoni Offerings or otherwise. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.

Ma Che Buoni Billing

You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of this Agreement.

WHEN YOU REGISTER FOR THE MA CHE BUONI SERVICE (AND EACH TIME YOU PURCHASE FROM THE WEBSITE) YOU EXPRESSLY AUTHORIZE AND AGREE THAT MA CHE BUONI AND/OR OUR THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD, TOGETHER WITH ANY APPLICABLE TAXES AND SHIPPING (the “PLAN RATE”).

 

Food Substitution Policy

Although Ma Che Buoni takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Ma Che Buoni is not responsible for the unavailability of product due to popular demand, whether discontinued or still in production.

In the completion of orders, Ma Che Buoni reserves the right to substitute a similar product. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of Ma Che Buoni’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.

Please Note: Ma Che Buoni’s food has been manufactured in a facility that processes: celery, gluten, lupine, dairy, eggs, fish, shellfish, molluscs, soy, sesame and shell fruit.

Shipping

We use third-party carriers to deliver your food packages and provide you with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instructions that the delivery driver may need.

Content

The Site contains Content which includes, but is not limited to, information pertaining to the Ma Che Buoni Offerings, as well as regularly updated blog posts and third party links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.

Interactive Services

Subject to the restrictions set forth herein, the Interactive Services will allow users to participate in comment sections and other interactive areas of the Site. Each user agrees to use the Interactive Services in full compliance with all applicable laws and regulations. Each user shall be solely responsible for her/his comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. You understand and agree that Ma Che Buoni shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. Ma Che Buoni does not monitor the Feedback submitted by users, and operates the comment sections of the Site as a neutral host. The Interactive Services contain Feedback that is provided directly by users. You agree that Ma Che Buoni shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Ma Che Buoni does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Ma Che Buoni reserves the right to remove any Feedback from the Site at any time and for any reason, in Ma Che Buoni’s sole discretion.

You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services and other of the Ma Che Buoni Offerings, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, other users; (g) transmit any chain letters, spam or junk e-mail to other users; (h) express or imply that any statements that you make are endorsed by Ma Che Buoni, without Ma Che Buoni’s specific prior written consent; (i) harvest or collect personal information of other users whether or not for commercial purposes, without their express consent; (j) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or their respective content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained in the App and/or Site; (m) interfere with or disrupt the App, Site and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (p) “frame” or “mirror” any part of the Site without Ma Che Buoni’s prior written authorization; (q) use metatags or code or other devices containing any reference to any Ma Che Buoni Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ma Che Buoni Offerings or any software used in or in connection with Ma Che Buoni Offerings. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to the Site without notice, at the sole discretion of Ma Che Buoni. Ma Che Buoni reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.

By submitting or posting content to the Interactive Services, you grant Ma Che Buoni, its directors, officers, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Interactive Services, Ma Che Buoni will not give you any right to inspect or approve uses of such content or to compensate you for any such uses. Ma Che Buoni owns all rights, title, and interest in any compilation, collective work or other derivative work, whether or not created by Ma Che Buoni, using or incorporating content posted to the Interactive Services. For more information, please review Ma Che Buoni’s Privacy Policy.

You are solely responsible for anything you may post on the Interactive Services. Ma Che Buoni will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Interactive Services.

Ma Che Buoni is not responsible for, and does not endorse, content in any posting made by other users on the Interactive Services. You are solely responsible for your reliance on anything posted by another user on the Interactive Services. Under no circumstances will Ma Che Buoni be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Interactive Services. If you become aware of any misuse of the Sites by any person, please contact Ma Che Buoni at info@machebuoni.it.

If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Ma Che Buoni has the right to remove any user contributions from the Interactive Services for any or no reason. Ma Che Buoni reserves the right to take necessary legal action against users.

Ma Che Buoni may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Ma Che Buoni has the right to cooperate with any law enforcement authorities or court order requesting or directing Ma Che Buoni to disclose the identity or other information of anyone posting any materials on or through the Interactive Services.

YOU WAIVE AND HOLD MA CHE BUONI HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MA CHE BUONI, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY MA CHE BUONI, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.

Ma Che Buoni does not undertake to review any materials before you have posted them on the Interactive Services and cannot ensure prompt removal of objectionable material after it has been posted. Ma Che Buoni assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Ma Che Buoni shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Ma Che Buoni has the right to terminate your account and your access to the Interactive Services for any reason, including, without limitation, if Ma Che Buoni, in its sole discretion, considers your use to be unacceptable. Ma Che Buoni may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Interactive Services.

Ma Che Buoni Intellectual Property

The Site and all associated Content, design, text, graphics, and interfaces; as well the collection, selection, and arrangement thereof; and all associated software (collectively, the “Ma Che Buoni Materials”), are the sole and exclusive property of, or duly licensed to, Ma Che Buoni. The Ma Che Buoni Materials are copyrighted as a collective work under the laws of Italy and other copyright laws. Ma Che Buoni holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site.

The Ma Che Buoni Materials (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Ma Che Buoni, its licensors or other providers of such material and are protected by Italy and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Agreement permits you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site and/or the App.

You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Ma Che Buoni. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

Trademarks

The Ma Che Buoni name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Pranzo Express srls or its affiliates or licensors. You must not use such marks without the prior written permission of Ma Che Buoni. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”)., Inc. YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Ma Che Buoni is not in any way affiliated with Facebook, Google, LinkedIn, and the Ma Che Buoni Offerings are not endorsed, administered or sponsored by any of those parties.

Policy/DMCA Compliance

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Ma Che Buoni (as set forth below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number, and e-mail address.

A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by e-mail to info@machebuoni.it. In an effort to protect the rights of copyright owners, Ma Che Buoni maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

 

Changes to the Site

Ma Che Buoni may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Ma Che Buoni is under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by Ma Che Buoni with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by this Agreement.

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into this Agreement.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Ma Che Buoni has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Ma Che Buoni, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Ma Che Buoni. Ma Che Buoni is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Warranties

THE MA CHE BUONI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED STATUTORY OR OTHERWISE, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Ma Che Buoni MAKES NO WARRANTY THAT THE MA CHE BUONI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE Ma Che Buoni OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Ma Che Buoni WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE Ma Che Buoni OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Ma Che Buoni OR OTHERWISE THROUGH OR FROM THE Ma Che Buoni OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, Ma Che Buoni DOES NOT ENDORSE USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.

Ma Che Buoni makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Ma Che Buoni cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Ma Che Buoni cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Ma Che Buoni cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Ma Che Buoni does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

Ma Che Buoni may disable all or any social media features and any links at any time without notice at our discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MA CHE BUONI IS TO DISCONTINUE YOUR USE OF THE SITE. MA CHE BUONI, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY,"MA CHE BUONI PARTIES") SHALL BE LIABLE TO YOU OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, (EVEN IF MA CHE BUONI OR THE APPLICABLE MA CHE BUONI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE MA CHE BUOINI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE MA CHE BUONI OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR ACCOUNT INFORMATION; (D) THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) ANY OTHER MATTER RELATING TO THE Ma Che Buoni OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MA CHE BUONI AND THE MA CHE BUONI PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF MA CHE BUONI TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS AND CONDITIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE MA CHE BUONI OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR MA CHE BUONI MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MA CHE BUONI. ACCESS TO THE MA CHE BUONI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MA CHE BUONI AND ‘”THE MA CHE BUONI PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold Ma Che Buoni, its officers, directors, employees, shareholders, affiliates agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your use of the Ma Che Buoni Offerings or your use of any information obtained from the Ma Che Buoni Offerings.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Italy.

Resolving Disputes — Arbitration

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service at +39 349 719 6128. IF Ma Che Buoni’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Ma Che Buoni has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

You agree to arbitration on an individual basis. In any dispute,   NEITHER CUSTOMER NOR MA CHE BUONI SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).  

 

Waiver and Severability

No waiver by Ma Che Buoni of any of the terms and conditions set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ma Che Buoni to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Entire Agreement

This Agreement and our Privacy Policy constitute the sole and entire agreement between you and Ma Che Buoni with respect to the Ma Che Buoni Offerings and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Ma Che Buoni Offerings.

Notice

Ma Che Buoni may deliver notice to you under this Agreement by means of electronic mail or a general notice on the site. You may give notice to Ma Che Buoni at any time via electronic mail to the following address: info@machebuoni.it