Terms and conditions
TABLE OF CONTENTS:
For the purposes of this contract:
Supplier refers to:
Magno Hack S.r.l. Via Donatori di sangue n. 48, San Paolo (BS) Tax code/VAT: IT
04060600980 REA n. BS - 585461 Paid-up share capital Euro 20,000,
email address [email protected]
Terms and Conditions or Contract: the totality of these contractual clauses determine and define the relationship between the Supplier and the User.
Site: the www.ninjalitics.com Site or business.ninjalitics.com
Services : The Supplier offers the User services and content related to analysing Instagram profiles, as well as advertising and marketing services.
User : any person who purchases the Supplier's services and products sold via the Site.
Consumer : the person with purposes other than professional or business capacity.
Professional or Company : the legal person acting in an entrepreneurial or commercial capacity, purchasing with a VAT number.
Order : the purchase proposal made by the User through the processes on the Site.
Registration Form the Form that Users must fill in to register on the Site and to purchase services.
Credentials: The User ID, email and password provided by the User on the Registration Form at the time of Registration, necessary to access the Account and purchase services.
2. SUBJECT OF THE CONTRACT
These Terms and Conditions apply between the Supplier and any User who makes a purchase on the Site. The Subject of this contract is a service for analysing Instagram profiles. The Supplier offers a service through which the User can analyse Instagram profiles by receiving certain information, such as, but not limited to, daily growth analytics, top posts and Hashtags used. The service can only be accessed by Users who possess an Instagram Business account and consists of various packages depending on the information to be received. The service provides access to statistical data from the Instagram Business profiles of which the User is an administrator, obtaining not only additional data and parameters compared to the free version, summarised in richer and more comprehensive graphs, but also notifications of special events on their profiles, as well as the analysis and in-depth search of hashtags and the possibility for Users to connect to their clients' profiles. The resulting Instagram analysis can be created, sent and shared via digital or PDF reports. For each registered profile, the 'Ninja-Rate', i.e., the level of effectiveness of an Instagram profile, will also be calculated, along with the monitoring of hashtag performance.
The Supplier also offers advertising services, allowing Users to take advantage of its high visibility to promote their products and/or services relating to the digital sector. This is done by providing advertising banners to its users on both the ninjalitics.com website and/or on the Ninjalitics blog pages. It is also possible to publish articles on the blog regarding services and/or products offered by the User, namely by inserting affiliate links to the services and/or products offered by the User.
3. HOW TO REGISTER ON THE SITE
In order to purchase the services offered by the Supplier, the User may follow the steps below at his/her own convenience:
a) registering on the Site by indicating his/her e-mail address and password. When registering, the User will be asked to provide certain Data, such as name, e-mail and a password, which the User will keep private, use for his/her own purposes and not share with others. The e-mail address given during registration enables the Supplier to notify the User of all messages relating to the services, and the Site in general. The use of temporary e-mail addresses for the purpose of registration is prohibited. In the event of registration, the Supplier cannot guarantee the full functioning of the Instagram Business profile services that require necessarily an Instagram Business profile.
b) registering via Facebook account. In order to use the services offered by the Provider, the private User must have an active business profile on "Instagram". Registration via Facebook is necessary and recommended by the Supplier, as it allows the data from Facebook business profiles, of which the User is an administrator, to be analysed, in accordance with the Instagram regulations (for this reason, a Facebook login, not just an Instagram login, is necessary). Finally, by registering via Facebook, the Supplier can guarantee the quality of the data to the User, since it is provided directly by Instagram itself.
4. PURCHASE PROCEDURE
The Supplier offers its services on a monthly or annual subscription basis. The
characteristics and methods of purchase are detailed on the Site. To
purchase a subscription, the User must follow the procedure indicated on the
Site and enter the required data. The cost of the subscription
will be charged immediately upon purchase. Subscriptions are automatically renewed
unless cancelled by the day before the
renewal date. In the event of cancellation of the subscription renewal,
the User can continue to use the service purchased for the period of the
subscription. In the event that the User wishes to terminate
the service before the expiry of the subscription, he/she must send an email to:
[email protected] stating the above. In this case, the User acknowledges that any
sums already paid will not be refunded.
The User may activate the Analysis Report Plus within 12 (twelve) months of the date of its purchase and download the Analysis Report for a profile within 30 (thirty) days of activation of the Report.
The prices of services are shown in Euro. All prices exclude VAT. The price of the services shall be detailed in the Order form, the Order confirmation and the relevant receipt/invoice. The User acknowledges and accepts that the prices of the services may vary.
7. PAYMENT METHODS
Once the Order has been placed, the User undertakes to pay the requested price in advance, by means of one of the following options:
If the Customer chooses to pay via PayPal, at the time of payment, his browser will be directed to a secure server page with SSL encryption by entering his Paypal username and password or by creating a new Paypal account. PayPal protects the buyer's information, therefore, no financial information is submitted. A confirmation e-mail will be sent by PayPal to the Customer for each transaction made using this method. The amount of the order is debited from the Customer’s PayPal account when the order is placed. In the case of a cancellation, the amount is refunded to the Customer's PayPal account.
Platform enabling payments to be made and received by Visa or Mastercard prepaid card or credit card.
In this case, the Order shall be deemed to be completed when the Supplier receives the actual crediting to his/her bank account, which must take place within 2/3 working days from its execution. After this deadline, the Order shall be deemed automatically cancelled. Access to the Service shall only take place when the sum due is actually credited to the Supplier's bank account. The operation will refer to the bank details sent via e-mail by the Supplier.
8. INTELLECTUAL PROPERTY RIGHTS
All the contents of the Site are protected and safeguarded by current legislation on copyright and industrial and intellectual property rights. By way of example, but not limited to, the content of the Site shall be understood as: the domain name, the trademark, the relative sub-domains, all the texts, any graphic representation and/or text in general, photographs and films. All intellectual and industrial property rights relating thereto are the exclusive property of Supplier, are reserved to it and are not and will not be transferred or licensed to the User under any circumstances. Therefore, the User may not reproduce, duplicate, copy and redistribute, re-transmit to other websites, transfer or otherwise make available to third parties for any reason whatsoever, or otherwise use for purposes other than the storage and/or consultation, the Sites and/or the Contents of the Site, without prior formal approval by the Supplier.
The parties agree as follows:
- The User undertakes not to transmit or make available any material that is unlawful, covered by copyright and any other protected right, including trademarks and distinctive signs that the User is not authorised to dispose of, releasing the Supplier from all liability in this respect;
- The User releases the Supplier from any liability for failure to perform the services covered by this contract on time, to perform them correctly, or for damage caused by force majeure;
- The User releases the Supplier from all liability for any technical problems involving the IT tools, including those of third parties, necessary for or related to the service provided for in this contract;
- The User releases the Supplier from any liability for loss, dissemination or modification of data and any other type of damage occurring as a result of the actions of third parties;
- The User releases the Provider from any liability for failure to update Instagram profile information for reasons independent of his will and not foreseeable by him;
- The Supplier cannot guarantee the User any secure income or results from the exploitation of the subject matter of this contract, and the Customer expressly releases the Supplier from any liability in this respect;
- that in the event of any dispute whatsoever arising out of or in connection with this contract for which the Supplier is held liable in any way, the resulting claim for damages shall not exceed the value of this contract.
10. RIGHT OF WITHDRAWAL
All purchases made by the Consumer on the Site are covered by the guarantee of the right to withdrawal. In order to exercise this right within 14 working days from the date of conclusion of the contract, it is sufficient to notify the Supplier of the intent to withdraw from the purchase by means of any explicit declaration to this effect (e.g., by registered letter with return receipt, or by e-mail). The Supplier undertakes to pay the amount due within 14 days of receipt of this notice. Refunds will be made in the same way as the purchase was made. The withdrawal is valid for the first purchase and is not applicable in case of renewal of the subscription The Consumer acknowledges and accepts that in the case of performance begun before the expiry of 14 days from the signing of the contract and in the event of activation of the Report before the expiry of 14 days from the date of its purchase, that he/she shall not be entitled to exercise the aforementioned withdrawal pursuant to Section 59 letter of Legislative Decree No. 206 of 2005. The right to withdrawal is not granted to companies and Professional Users (purchased with VAT number).
11. AMENDMENTS TO THE TERMS AND CONDITIONS
The Supplier reserves the right to amend these Terms and Conditions at any time by notifying Users on the Site. In this case, the amendments shall be effective in accordance with the law, without the need for specific and further approval and in any case, after ten days of their publication. If any provision of these terms and conditions is found to be invalid or unenforceable, such invalidity or unenforceability shall not extend to the remaining provisions of these terms and conditions.
12. PROCESSING OF PERSONAL DATA (PRIVACY)
In order to provide the services under these Terms and Conditions, the Supplier will need to collect and process information relating to the User and his/her Instagram profiles.
13. CHOICE OF LAW AND COURT OF JURISDICTION
These Terms and Conditions are governed entirely by Italian law. Any dispute that may arise in relation to the validity, interpretation, execution and termination of the contracts stipulated online by the Consumer User with the Supplier shall be the exclusive jurisdiction of the Court of the place of residence of the Consumer (so-called consumer's court), whereas for the professional User or company, it shall be the exclusive jurisdiction of the Court of Brescia.
14. DISPUTE SETTLEMENT
According to Section 49, paragraph 1, letter V of Legislative Decree no. 206/2005 (Consumer Code), the Consumer may make use of the Joint Conciliation procedure (ADR). Pursuant to Section 14 of Regulation 524/2013, in the event of a dispute, the Consumer may lodge a complaint through the European Union's ODR platform.
For further information of any kind, you can contact the Supplier by e-mail at: [email protected]
Pursuant to Sections 1341 and 1342 of the Italian Civil Code, the User declares that he/she has carefully read and expressly accepts all the clauses of these Terms and Conditions, particularly those set out in Sections 5, 6, 9, 10, 11, 13