Last update: 29/03/2024
1.1 These general conditions of agreement (the "General Conditions" or the "Agreement") are aimed at regulating the use by the users (the "Users") of the services offered by the innovative startup called Magari S.r.l., based in Latiano (BR), Via G. Forleo n. 45, VAT number and tax code 02698420748 ("Magari" or the "Company"), as described in the following article 2.1 (the "Services").
1.2 In the following, reference will also be made to the so-called “Pro users”. The definition of Users above also includes the pro Users, except for the specific provisions applicable only to the latter, which will be specified below.
1.3 The Services are offered by the Company through its website (the "Site") and/or its application for smartphone devices (the "Application" and, jointly with the Site, the "Platform").
1.4 Access to the Platform, use of the Services and/or use of all the information and content made available by Magari through the Platform or in relation to it are subject to compliance and acceptance by the Users, of these General Conditions and of any further addendum, contractual integration, communication or notification that may be requested, transmitted or made available by Magari at its discretion. Except for cases in which the Users are required to express an explicit consent, with the acceptance of these General Conditions and the use of the Services, the Users accept the processing of their personal data by Magari pursuant to the information on the processing of personal data which can be consulted here (the "Privacy Policy").
1.5 The status of User is acquired once the registration process on the Site and/or Application has been completed, in compliance with the procedure established for this purpose and after having provided the information specifically requested by the Platform. The Company reserves the right not to accept, at its sole discretion, the registration requests presented through the Site and/or the App, as well as to update and/or modify, from time to time, the requirements for joining the Platform and/or maintenance of User status, without any prior or subsequent disclosure obligation to the User.
1.6 By accessing the Platform and using the Services, Users acknowledge having carefully read and fully understood the terms set out in these General Conditions and agree to be bound by them. Failure to accept these General Conditions, as well as the additional documents referred to in article 1.3 above, will make it impossible to access the Platform and use the Services offered by the Company.
2.1 Through its Platform, the Company offers the following Services:
(a) reservation service in restaurants and venues in the "food & beverage" sector (hereinafter, for brevity "Restaurants") through the so-called mechanism of “Postcard” (“Booking Service”);
(b) evaluation service, exchange of feedback relating to Restaurants (“Evaluation Service”);
(c) sharing them with a community similar to that of the User ("Sharing Service");
(d) possibility for some Users to register as pro Users, with the possibility of publishing the so-called "Postcards" and to earn from bookings made through these Postcards ("Services for Pro Users");
(e) possibility for Restaurants to become affiliated with Magari by enjoying the booking service via Postcard ("Affiliate Service");
(f) any additional services will eventually be added by Magari.
as well as the additional Services advertised and/or made available from time to time through the Platform, also through Partners with whom Magari has entered into reporting, promotion, collaboration or other agreements.
2.2 As part of the provision of the Services, Magari will be able to transmit to the Users:
(a) periodic notifications and communications relating to each Service (for example, notices relating to the completion of the registration procedure and/or the completion of a user change procedure, etc...) and/or reminders relating to the use of the Services (for example, the reminder of the booking date, etc ...) (collectively the "Service Communications");
(b) personalized proposals aimed at improving the use of the Services, elaborated on the basis of the profiles created by the Company as well as notices of promotional offers relating to the Services (for example, a proposal to activate a new service, newsletter, etc.) (collectively the "Customized Proposals”).
2.3 Unless otherwise indicated on the Platform, all Services are provided by Magari free of charge for the User. The Company may request the payment of the fee of € 3.99 (VAT included) each month, for the registration of pro Users. Furthermore, the Company may consider introducing the payment obligation with reference to one or more Services that will be made available through the Platform, under the conditions that will be specified from time to time within the same.
2.4.1 With regard to the booking service, the role of the so-called "Postcard" is fundamental. The postcard is a digital content subject to publication, which contains both information of various kinds in relation to a specific restaurant, and a button that allows the user to book the restaurant itself. The Postcard can only be published on the Magari Platform, or shared on other social networks;
2.4.2 The Postcard allows to book directly only if the restaurant is affiliated with Magari by signing a partnership agreement. If the Restaurant is affiliated, both the Postcards issued by the Users and those issued by the pro Users will allow the possibility to book.
2.4.3 The basic information relating to the restaurant (e.g. name, location, etc.) will be obtained by Magari through the information published on Google and Google applications;
2.4.4 All Users are authorized to publish Postcards, however, only pro Users are eligible for a fee for reservations made through the Postcard;
2.4.5 Using the booking button on the Postcard, Users have the possibility of entering into telephone contact with the restaurant, or via Whatsapp contact with the Restaurant. When the User contacts the Restaurant, the responsibility for what happens subsequently will be the sole responsibility of the User and the Restaurant themselves.
2.4.6 Magari is in no way responsible for the fact that the booking is actually successful, nor that there is availability of seats for the dates and times selected by the User;
2.4.7 Furthermore, Magari is in no way responsible for the concrete use by the User of the Restaurant service, nor for the prejudicial consequences that this could entail;
2.4.8 Magari is an independent company. The Booking Service is provided solely in the interest of the User and not in the interest of the Restaurants with which Magari has signed partnership agreements;
2.4.9 The Users acknowledge the fact that Magari is completely unrelated to the relationship between the User and the Restaurant and that the Company does not offer, either expressly or implicitly, any guarantee on the actual usability and quality of the services provided by the Restaurants. The Users therefore waive the right to advance or exercise any claim, action, dispute or objection against Magari due to the relationship between the Restaurant and the User.
2.4.10 In order to avoid possible abuses relating to massive reservations not used by users, made for the sole purpose of monetizing or generating damage to the restaurateur, Magari provides for a so-called "anti-fraud" mechanism, whereby each user, while remaining free to make an unlimited number of bookings, will generate monetization with reference to only one booking per week (from Monday at 00.00 to Sunday at 11.59pm). By way of example, therefore, the Alfa user will be able to make all the bookings he deems appropriate, but will generate monetization for a Beta user only with the first weekly booking.
2.5.1 The Evaluation Service allows the Users to evaluate their experience at the Restaurant, inserting audio, text comment, a series of recognition tags (e.g. price range, type of food cooked, suitable occasion for the specific restaurant, etc.), creating a Postcard. Unlike Postcards created by pro Users (see infra), Postcards generated by ordinary users do not allow ordinary users to monetize thanks to the reservations made through them.
2.5.2 In order to provide the Evaluation Service, Users must enter the App, select the possibilities offered by the same, insert audio or text or photos (ordinary users are not allowed to insert videos) and create a Postcard.
2.5.3 By subscribing to these services, Users will give their consent to publish the Postcard and its content.
2.5.4 Users acknowledge and recognize that Magari will be able to remove from the Application any contents that are deemed, in its sole discretion, inappropriate and/or duplicated.
2.6.1 The Sharing Service is offered by Magari with the aim of allowing Users to share their experiences with a group of users (friends, relatives, users with similar tastes), as well as to view the experiences and feedback of a similar group of subjects.
2.6.2 For the purposes of offering the Sharing Service, Magari acts as a mere sharing platform, without any responsibility for what is published by the user.
2.6.3 Users acknowledge and recognize that Magari will be able to remove from the Application any contents that are deemed, in its sole discretion, inappropriate and/or duplicated.
2.7.1 Pro Users are special users who, by paying a monthly fee of € 3.99 (VAT included) have access to some additional services, including monetizing their experience on the Platform, receiving a percentage of the bookings made by Users through the Postcard;
2.7.2 Pro Users have signed a specific partnership agreement with Magari which explains the contractual conditions of this collaboration in greater detail than in these T&Cs;
2.7.3 Furthermore, Pro Users will be able to make arrangements with the Restaurant to publish advertising/dedicated content on the Postcard. Magari is in no way a party to said agreements. In any case, Magari will inform and/or, in any case, highlight to the User that such content is sponsored.
2.7.4 Magari authorizes Pro Users to publish Postcards, which contain information relating to the Restaurant, as well as the specific button for making the reservation (reservation is only available if the restaurant is affiliated with Magari by signing an ad hoc partnership agreement) . Furthermore, in a merely possible way, photos, videos, text comments, functional tools (by way of example but not limited to, saving, sharing, possibility of inserting the postcard in a personal album), discount codes, as well as any other tool may be attached that the Pro User deems appropriate. Postcards may be related both to restaurants already affiliated with Magari without the support of the Pro User, and to restaurants affiliated with Magari thanks to the support of the Pro User;
2.7.5 Through the services for pro Users, the latter are given the opportunity to affiliate Restaurants with Magari, by signing a specific partnership contract. For affiliation, the pro User will be entitled to a remuneration fully defined in the contract Magari-pro User;
2.7.6 Only pro Users, in agreement with the restaurant, will be able to create special temporary discount codes to be used exclusively for reservations made by users on the Magari Platform;
2.7.7 Magari is in no way part of the specific agreements made between the Pro User and the Restaurant, nor will it be bound by them.
2.7.8 For the so-called “anti-fraud” mechanism see the previous paragraph. 2.4.10.
2.8.1 The affiliate service allows the restaurant to be booked through Postcards. In other words, in the absence of affiliation, users will not be able to book the restaurant directly;
2.8.2 To benefit from the affiliate service, the restaurant is not required to open a specific Magari account;
2.8.3 The Restaurant and the Pro User may mutually grant a possible temporary discount code to be allocated, exclusively, to users of the Magari Platform;
2.8.4 In any case, Magari has signed a specific partnership agreement with the Restaurant which fully regulates the operation of the Affiliate Service and the related conditions.
3.1.1 In order to be able to use the Services, Users must register by creating a specific personal area in the dedicated section of the Platform, providing the requested personal information (name, surname, email, telephone number, etc.). Magari is not responsible for the truthfulness and correctness of the information provided by the User.
3.1.2 The use of the Pro User Services is limited to adults only. Conversely, ordinary services (non-pro Users) cannot be used by persons under the age of 14.
3.1.3 In the event of failure by the User and the Pro User to comply with the above age requirements, the Company will proceed to cancel the User's personal area and all information relating to the same.
3.2.1 Access to the User's personal area is permitted through (i) a customer identification code (email) entered by the User during registration on the Platform and (ii) a keyword (password) chosen by the User itself (collectively, the "Login Credentials").
3.2.2 The Users are required to keep the Access Credentials using the utmost confidentiality and diligence, in such a way as to prevent access to them and/or their improper use by third parties.
3.2.3 Users acknowledge and recognize that the Company cannot be held responsible, except in cases of willful misconduct and gross negligence of the same, with regard to the security of the Platform and its systems, as well as the Access Credentials referred to above. Users will therefore be solely responsible for any damage caused to himself and/or to third parties in the event of access to the Login Credentials and/or improper use of the same by third parties.
3.2.4 As for the pro User only, in order to benefit from this status, he will also have to pay a monthly sum of € 3.99 including VAT.
3.3.1 The Company reserves the right to suspend access to the User's personal area and/or to cancel the same, interrupting the provision of the Services, at its discretion, without notice and with immediate effect:
(a) if Users have provided false information during registration for the creation of their personal area or subsequently in the context of their relationship with the Company;
(b) if Users refuse to provide information relating to their personal area and their identity, if necessary on requests from the judicial authority, the public order authorities and any other authority entitled to do so under the applicable laws;
(c) in case of violation by the User of these General Conditions and/or of the contractual agreements in place with the Partners of the Company;
(d) if the pro User defaults on the partnership contract signed with Magari;
(e) if the Restaurant defaults on the partnership contract signed with Magari;
(f) in the event of fraudulent or illegal use, even if only suspected, of the Platform;
(g) if so requested by the judicial authority, by the public order authorities and by any other authority entitled to do so under the applicable laws.
3.3.2 In the event of suspension, the Company may decide – at its own discretion and unquestionable judgment – whether to reactivate or permanently cancel the personal area of the User and of the Restaurant. To proceed with the reactivation of the suspended personal area, the User must make an explicit request to the Company, by sending a specific communication.
3.3.3 In case of cancellation of the User's personal area, the latter will no longer be able to use the Services offered by Magari through the Platform.
4.1 Users are responsible for the truthfulness and completeness of the data and information provided, of which they must be the owner in order to use the Services.
4.2 Users undertake to use Magari, all its contents and the Services offered, in compliance with the law, morality, public order and in accordance with the provisions of these General Conditions. Likewise, Users undertake to make appropriate use of the Services and/or the contents of the Platform, not using them for illegal activities, contrary to good faith or morality or criminal activities, and not to violate the rights of third parties.
4.3 Users assume full responsibility for the information, materials provided and/or content published. In particular, the latter undertake not to transmit, introduce, distribute and/or make available to third parties any material and/or information (for example: data, messages, images, audio files, photographs, etc.) conflict with morality, public order, these General Conditions, with any applicable law and/or regulation and/or, more generally, with the criterion of continence. Users are prohibited from using the Platform and the Services provided for purposes other than those provided for in these General Conditions.
4.4 Magari reserves the right to cancel or remove all content which, in its unquestionable judgement, conflicts with the provisions of the previous paragraph.
4.5 Furthermore, following a User's report, Magari undertakes to delete or remove content published in violation of these terms and conditions within 24 hours.
4.6 Users agree to indemnify and hold the Company harmless in relation to any injury, loss, damage, liability, cost, burden, expense, including legal expenses, and any claim and/or demand and/or action (whether of compensation and/or as compensation) that has been and/or may be advanced against the Company, in any location, by third parties, in relation to the violation by the User of the provisions referred to in this article, as well as in relation to the violation by the Users of any obligation assumed by the same under these General Conditions.
4.7 Users expressly acknowledge and accept that:
(a) the Company does not guarantee (i) that the Services and/or the Software (as defined below) will meet Users’ needs, (ii) that the Services and/or the Software will be provided without interruptions, on time, securely or error-free, (iii) that the Users' expectations regarding the results obtained from the use of the Services and/or Software are true and reliable (iv) that the quality of the products, services, information or other materials acquired or obtained through the Services and/or Software can meet the Users' needs, nor that (v) any errors in the Software are corrected;
(b) any content downloaded or otherwise obtained from or through the Services and/or the Software is obtained at Users’ sole and exclusive discretion and at Users’ sole risk. Users are solely and exclusively responsible for any damage to the device through which they access the Platform or for the loss of data deriving from the use of the Services and/or the Software;
(c) the Company and all its collaborators will in no case be liable for any damages of any kind and nature resulting from (i) incorrect use of the Services and/or Software, (ii) unauthorized access or alteration transmissions or data and/or information of the Users, (iii) from the statements or behavior of any third party;
4.8 Nothing provided in these General Conditions will have the effect of limiting or excluding the liability of the Company in the event of damages deriving from willful misconduct or gross negligence pursuant to art. 1229 of the civil code.
5.1 Users acknowledge and accept from now on that the Company will remain completely extraneous to any contractual or extra-contractual relationship with any third party who publishes announcements of any kind on the Platform.
5.2 The Company therefore declines all responsibility for any damages of any nature deriving or arising from contractual and/or non-contractual obligations with such third parties.
6.1 Users acknowledge that the Services and the computer program connected to them (the "Software") contain confidential information and are protected by laws on intellectual and/or industrial property.
6.2 Users also acknowledge that the Company is the legitimate owner and/or licensee of the Platform and the Services, as well as of the contents, information, documents, photographs, drawings, graphics, databases, software, logos, trademarks, trade names or other signs, present on the Platform. Except for the case in which it is expressly authorized by the Company or by third parties holding the corresponding rights, Users undertake not to modify, dispose, reproduce, transform, modify, reverse engineer, distribute, assign or make available to third parties to any title and in any way (whether free of charge or against payment) the above elements.
7.1 Except as provided for in article 8.2 below, the Services are provided for an indefinite period by the Company.
7.2 In the event that payment of a fee is required for accession to the Services, accession to the Services will remain subject to the actual payment of this amount by the User. In the event of non-payment, the Company may terminate the Contract with immediate effect and without notice pursuant to and by effect of article 1456 of the civil code.
8.1 Users have the right to withdraw from these General Conditions by sending a written communication to the Company to the addresses referred to in article 11 below within 14 (fourteen) days from the conclusion of the Contract. The same right may be exercised in relation to Financial Information Services only, where they are activated after the conclusion of the Contract.
8.2 Without prejudice to the foregoing, Users will in any case have the right to unsubscribe from the Platform at any time, requesting the interruption of the provision of the Services.
8.3 The Company may withdraw from the Contract in the event that the Services are not used by the User for a period exceeding six months, as well as in the event of cancellation of the personal area referred to in article 3.4 above.
9.1 In addition to the provisions of article 8.2, the Company will have the right to terminate these General Conditions in the event of a breach by the User of the conditions set forth therein, provided that said breach is of no small importance according to the provisions of article 1455 of the civil code.
10.1 Communications relating to these General Conditions must be sent to the following addresses:
(a) as regards communications addressed to the Company: via G. Forleo n 45, Latiano (BR), or to the e-mail address: customercare@magari.social.
(b) for communications addressed to the Users: address of residence/registered office or alternative address indicated by the Users when entering the data in their personal area.
10.2 Users are required to promptly notify Magari of any change in their residence/registered office or alternative address.
11.1 Disputes relating to the interpretation and execution of these General Conditions will be devolved to the jurisdiction of the Court of Rome.
11.2 Notwithstanding the provisions of article 12.1 above, where Users qualify as a "consumer" pursuant to the Consumer Code, the court of residence or domicile of the consumers will be competent.
12.1 For anything not provided for in these General Conditions, the provisions of Italian law in force will be applicable.
13.1 For the information in relation to the processing of the Users’ personal data, please refer to the Privacy Policy, which the Users must read and which must be accepted by the latter for the purpose of providing the Services.
14.1 Magari reserves the right to unilaterally modify these General Conditions at any time, also in order to adapt them to legislative changes or to any changes to the Services themselves.
14.2 The above changes, which can be consulted at the General Conditions link, will be notified to the User where they result in changes to the Services.
The users sign confirmation that they have read, understood and accepted the following clauses: Art. 3 Confidentiality and security; Art. 4 Warranties and limitations of liability; Article 7 Duration; Article 8 Withdrawal; Article 9 Resolution; Art. 11 Place of Jurisdiction; Art. 14 Modification of the general conditions.
