BEFORE USING THE APP, CAREFULLY READ THE INSTRUCTION MANUAL SUPPLIED WITH THE ALLY PAD OR DOWNLOADABLE FROM THE SITE www.inglesina.com

 

This application (hereinafter referred to as "App"), the cushion connected to it and the smartphone cannot be considered by the User as a safety/saving system, but they help to prevent the abandonment of the child in the car, if properly interconnected with each other, if the smartphone is connected to an active mobile data network and equipped with traffic available according to the offer signed with the telephone operator and any traffic restrictions set independently by the User. The verification of the effective interconnection and correct functioning is the responsibility of the User.

GENERAL CONDITIONS OF USE OF THE SERVICES:

By downloading the App, the User accepts and agrees to comply with these Terms of Use ("ToU"). Before installing and using the App, the User must carefully read these ToU, the privacy policy, the instruction manual supplied with the Ally Pad, as well as any other contractual and technical documentation prepared for the correct and effective use of the App and the services connected to it.

The App is designed, developed and supplied to L'Inglesina Baby S.p.A. (hereinafter "Inglesina") by Digicom S.r.l. pursuant to the commercial agreements in force between the aforesaid companies.  Inglesina, as well as any company affiliated to it and/or directly or indirectly connected to it, and/or any company in which Inglesina holds a shareholding of any size, cannot be held responsible in any case for any malfunction, imperfection, error, failure to update or omission of the App that may cause direct or indirect damage of any kind and/or malfunction and/or interruption in the operation of the App to Users or third parties.

Furthermore, to the maximum extent permitted by applicable law, Inglesina and Digicom, as well as any company affiliated to them and/or directly or indirectly connected to them, and/or any company in which Inglesina or Digicom hold a shareholding of any size, as well as officers, directors, employees, agents, collaborators and any other type of employee and not connected, even indirectly, to the companies described above, shall not be held liable towards the User or towards third parties, even if not directly or indirectly connected to the latter, for any type of claim/loss/responsibility/expenditure/cost or direct and/or indirect damage (including physical damage to persons, death and any other indirect damage) suffered and/or requested by the latter and deriving from the following behaviours adopted by the User or by third parties, even if not directly or indirectly connected to the latter: (i) use, inability to use or access the App and/or the services connected to it; (ii) violation, even without intent or gross negligence, of any nature or entity of even one of the provisions of these ToU, of the law in force and of any right of a third party or of the User; (iv) improper and/or unauthorised use of the App or the services connected to it by the User, of a third party or of another unauthorised person.

In addition, Inglesina, Digicom and the companies described above, or their employees, shall not be held liable towards the User or third parties, even if not directly or indirectly connected to the latter, for: a) any loss of goodwill or commercial reputation, profit directly or indirectly attributable to the App and/or the services connected to it; b) any loss or damage attributable to: (i) any modification that Digicom may make to the App and/or the services connected to it; (ii) cancellation or failure to store any content by the User; (iii) incorrect or inaccurate information provided by the User; (iv) any error, delay, interference, interruption, malfunction and inaccuracy in the operation of the App and/or in the performance of the services connected to it due to causes not directly attributable to Inglesina or Digicom, including fortuitous events and force majeure situations.

The responsibility and the burden for the correct installation of the App and the services connected to it and any subsequent updates, the correct loading of data and the correct use of the App and the services connected to it is (and remains) the sole responsibility of the User.

The content of the App (including but not limited to images, sounds, graphics and trademarks) is the exclusive property of Inglesina and is protected by current legislation on the protection of industrial property and copyright. The App is granted to the User under a non-exclusive licence for personal use only and may not be transferred, duplicated or sub-licensed to third parties.

The App can be combined with technological protection measures, designed to prevent or limit unauthorised use. The reproduction and the diffusion to the public, even partial, of the App and its contents, without the authorisation of the rights controller, is forbidden; the reproduction, on any support, of the contents, if expressly allowed, can be made for personal use only, without profit and without commercial purposes.

The App is in no way intended to replace the supervision of children by adults. The App has been designed and developed to signal the presence of the child in the seat and warn the user when he accidentally leaves the car without the child, thanks to the presence of sensors built into the cushion.

The App may use smartphone location services, if appropriately authorised by the User. The User may use these services to locate people and things for which he is authorised and send the location detected to the recipients of emergency messages. In particular, the position of minors could be detected, so the User must be among those who have protection on the minors or must be expressly authorised by them. The App does not allow emergency SMS recipients to accurately locate the cushion associated with the smartphone and/or monitor all smartphone movements. In particular, the App allows you to determine the position of the cushion approximately due to the influence of many factors, including: the distance between the cushion and smartphone when the alarm is triggered, factors that could affect the surrounding environment, etc...

The App contains spaces for the insertion of content made available to the User. The User may enter/edit content such as texts, comments, photos in the above spaces completely independently and under his full and exclusive responsibility. It is also the exclusive responsibility of the Users to keep a backup of their data uploaded to the App: therefore, both Inglesina and Digicom cannot, under any circumstances, be held liable for damages deriving from loss or deterioration of data caused directly or indirectly by the User. In the publication of its contents, the User undertakes not to perform acts contrary to the laws and regulations.

The User undertakes to indemnify and hold harmless Inglesina and Digicom from any claim and/or action that may arise from the use of the App contrary to these ToU.

These ToU and the relations between the User and Inglesina and between the latter and Digicom are governed by Italian law.

The compatibility of the App with the operating system must be checked when the App is downloaded.