Important!

If you do not understand any of the languages in which this document is currently available, we strongly request you not to agree and not accept the agreement and, consequently, not to continue to use the Sites and Apps. In case of any differences between a translation and the Italian version, the Italian version prevails. Therefore, by continuing to use our Sites and Apps, you agree and acknowledge that you understood the terms of this document in one of the languages in which they are currently available.

The Terms and Conditions defined here apply to all Sites and Apps (hereinafter also all referred to as "Site", "Service" or "Application") owned by Foodea Lab S.r.l., including chuzeat.com, chuzeat.app, chuze.at and the Chuzeat and Chuzeat Business Apps.

Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

This Application is provided by:

Foodea Lab Srl
Viale Atlantici, 4
82100 Benevento (BN) - Italy
Camera di Commercio di Benevento
P. Iva e n. di reg.: IT01726370628
CS: 1.606.000 Eur (i.v.)
Rappresentante legale: Berti Valentina

Owner contact email: info@foodealab.com

Assumption

This document (together with the attachments referred to therein) describes the general conditions under which Foodea Lab srl (hereinafter "Foodea Lab") provides access to the website [https://www.chuzeat.com] (https: // www.chuzeat.com) and any Chuzeat mobile application (hereinafter also the "App") (hereinafter also all referred to as "Site", "Service" or "Application") that allows users to order meals (hereinafter "Meal/s") at the restaurants associated with Foodea Lab (hereinafter "Partner Restaurants"). It is recommended to carefully read these general conditions before ordering any meal from the Site. Visiting the Site or ordering a Meal constitutes acceptance of these general conditions and the policy for the use of the Site. The use of personal data transmitted through the Site is governed by the Chuzeat Privacy Policy.

The Chuzeat App project was born with the idea of ​​creating a service with a strong social impact that helps people eat outside the home, especially in the case of specific needs related to allergies, intolerances, or limitations of an ethical or cultural nature, but even simply for reasons of personal taste.

ISTAT data from the last decade on people suffering from chronic allergic diseases, as well as the data released by the Ministry of Health, Nielsen and the Italian Celiac Association (AIC), report impressive numbers that are growing year after year. In our own small way, we want to make the life of allergy sufferers / intolerants who eat outside the home easier and more pleasant.

The same goes for all those who must or want to follow specific diets for ethical or cultural reasons.

The social aim of Chuzeat is to allow EVERYONE, regardless of the diet followed, to be able to consciously choose what to eat and feed freely and with pleasure in every restaurant.

Chuzeat , from the pronunciation of the English term "choose" and from "eat", is the artificial intelligence platform that helps you choose what to eat when you are away from home, self-learns preferences personal data, analyzes the data and optimizes the ordering process for the user and the restaurateur.

The Chuzeat App is a real eat-out advisor: it is the solution designed for those who often eat out and want to do it in a conscious way, but also for those who lead particular diets due to allergies, intolerances, ethical choices or simple personal taste.

Chuzeat also introduces important elements of innovation in the management and ordering process, allowing accommodation and catering facilities to plan and optimize times and availability and to satisfy customer requests while also managing to know the evolution of market tastes to guide their positioning choices.

Despite all the work done, the attention and professionalism put in place, Foodea Lab cannot verify or guarantee what is declared and served by the restaurateur. It follows that in the event of damage, or more generally of problems complained by the user of Chuzeat, Foodea Lab cannot, in any case, be held responsible.

The task of verifying the compliance of the order with the requirements of the Customer is the responsibility of the restaurateur. It is up to the Chuzeat user to verify that the order and what is administered correspond to what is compatible with their intolerances, allergies or dietary regimes. The Chuzeat user and the restaurateur therefore assume all duties of verification, assessment and confirmation, releasing Foodea Lab from any liability in this in regard.

The following are the General Service Conditions, the acceptance of which by the user is an indispensable condition for using Chuzeat. It should be noted that the Chuzeat App, while bringing advantages for both the customer and the restaurateur, does not take over in any way in the relationship / contract between them. Foodea Lab is to be considered extraneous to the relationship eventually established between user and restaurateur.

Finally, the services offered by Chuzeat cannot in any way be intended as a substitute for medical activity or qualified professionals (by way of example only: Nutrition Biologists, Nutritionist and Dietitians).

"This Application" refers to

• this website, including its subdomains and any other website through which the Owner makes its Service available;

• applications for mobile, tablet and other smart device systems;

• the Application Program Interfaces (API);

• the Service;

• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

• tutti i Siti e le App (anche tutti indistintamente riferiti come "Sito", "Servizio" o "Applicazione") di proprietà di Foodea Lab S.r.l., tra cui chuzeat.com, chuzeat.app, chuze.at e le App Chuzeat e Chuzeat Business.

What the User should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

• Usage of this Application and the Service is age restricted: to access and use this Application and its Service the User must be an adult under applicable law.

• Minors may access this Application and use its Service only under parental or adult supervision.

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How this Application works

This Application merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.

These Terms apply to the described usage of this Application as a platform.
Unless otherwise stated, these Terms also apply to transactions between Buyers and Sellers. This does not imply the involvement of the Owner in such transactions.

Buyers must read the information provided by Sellers about the terms of sale, characteristics, and technical specifications of the Product carefully. Sellers offering their Products via this Application are responsible for the quality and safety of the offered Products.
The Owner does not control, monitor, moderate or inspect any Products offered by Sellers via this Application. This means that, unless provided otherwise in mandatory law, the Owner does not bear any responsibility in connection with such Products, including but not limited to their quality, safety, accuracy, or the Sellers’ ability to provide them.
Likewise, the Owner does not control, monitor, moderate or inspect Buyers using this Application. Therefore, the Owner does not bear any responsibility in connection with such Buyers’ activity on this Application, including but not limited to their legal capacity or ability to complete a transaction and pay the associated costs.

Conditions and Terms of Service

In order to use the Application, it is necessary to read and accept these Conditions and Terms of Service which govern access to the services offered. The Assumption is an integral part of these conditions.

The declaration of having carefully read these Terms and their acceptance is a necessary condition for accessing and using the Application and the use of the services it offers.

At the time of subscribing the General Conditions of Service, you will also be asked to read and accept the information regarding the processing of personal data pursuant to the European Privacy Regulation (GDPR - 679/2016 EU) and subsequent amendments and / or additions, reported on the Chuzeat website: https://www.chuzeat.com/informativa-privacy/

Foodea Lab is very careful to the privacy of its users. These aspects were considered from the initial stages of Chuzeat's design, choosing to limit the provision of personal data to the essential. You can see how the valorization of name and surname is optional and only an e-mail or a social account is required for registration. An appropriate management has been implemented for data relating to allergies and intolerances (always optional).

Purpose

The Service intends to offer a simple, practical and free means, without additional costs for the end user, thanks to which users can view the menus, order and pay for the Meals ordered directly from the table of our Partner Restaurants, helping the choice process, respecting your eating style. Foodea Lab acts as an agent on behalf of the Partner Restaurants by presenting the Meals and concluding the orders with the users. When a user places an order, his Meal will be served by our Partner Restaurant.

Availability of the service

The "Chuzeat" ​​App is made available by Foodea Lab and can be downloaded and installed on your mobile device from www.chuzeat.com, Google Play Store and Apple Store. To access the Service, the user must register by providing personal data necessary for their identification or, in any case, necessary for the use of the App and the Service; the user is required to provide truthful data and to update them promptly in case of changes furthermore, the user is required to use the Service and the App in compliance with the principles of good faith, in compliance with the laws and regulations in force and in compliance with this document. Foodea Lab can never be held responsible for any loss or damage, including with reference to any failure to access the Services referred to in the App, resulting from the communication of untrue or outdated data or information. The Foodea Lab service is available to users who are within one of the Partner Restaurants. To view the menus and order, just scan the two-dimensional code (QRcode) on the table of the Partner Restaurant from the application. The QRcode is unique and identifies a table of a Partner Restaurant. By registering on the App or placing an order for Meals, the user guarantees that he has the ability to act and conclude legally binding contracts with Foodea Lab and the Partner Restaurants and that he is 18 years of age or older. The user who has a specific allergy or food intolerance undertakes to communicate directly with the Partner Restaurant to verify that the food is suitable for their needs, before placing the order.

Meals

The provision of Meals and their service are the full responsibility of the Partner Restaurant. In case of unavailability of some Meals, the Partner Restaurant may offer an alternative to the Meals that it is unable to provide. The Service suggests to Customers the ingredients and allergens present in the Meals included in the menu but assumes no responsibility for the actual presence/absence of the same in the Meals, which remains solely with the Partner Restaurant. The composition of the dishes, and in particular the ingredients and possibly the methods of preparation are communicated by the Partner Restaurants to Foodea, so that any liability deriving from the incorrect or precise indication of these elements is exclusively attributable to the Partner Restaurant, the sole responsible, with express Foodea's disclaimer. In the event that the user suffers from allergies to particular ingredients, he is invited to notify the Partner Restaurant before placing any order. Foodea Lab is not able to exclude the presence of allergens from Meals sold by Partner Restaurants.

Use by minors

The use of the service is granted to adults. The use of the Chuzeat app by minors requires the authorization and supervision of parents or those who exercise their authority or protection. It follows that the parent or the supervisor will assume responsibility for the child's work.

Alcohol

Orders containing alcoholic beverages can only be placed by persons over 18 years of age. Drinks containing alcohol can only be sold and served to persons over 18 years of age. By placing an order that includes alcoholic beverages, you represent that you are 18 years of age or older. The Partner Restaurant may refuse to serve any type of alcoholic beverage to anyone who does not demonstrate an apparent age, or cannot prove that they are at least 18 years old.

Tips

When the user places an order, he has the option of adding a discretionary payment in the form of a tip or bonus to the Partner Restaurant in addition to the purchase price of the meals included in the order.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

• Users must be recognized as adult by applicable law;

• Minors may only use this Application under parental or adult supervision;

• Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

• Accounts registered by bots or any other automated methods are not permitted.

• Unless otherwise specified, each User must register only one account.

• Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By using the tools provided for account termination on this Application.

• By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to this Application.

By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

Users acknowledge and accept that by providing their own content to this Application they grant the Owner a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Service in any media or manner.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.

Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to this Application:

• upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
• if a notice of infringement of intellectual property rights is received;
• if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
• upon order of a public authority; or
• where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

The Owner reserves the right to release updates, fixes and further developments of this Application and/or its related software. Users may need to download and install such updates to continue using this Application and/or its related software.

However, in order to get access to completely new versions or releases of the software Users may need to purchase a separate license.

The User may download, install, use and run the software on 3 devices.

However, it may not be permitted to run the software on more than one device at a time.

Notwithstanding the foregoing, the User undertakes to immediately delete any copies of the software upon the expiry of the license under which such software is provided to the User.

API usage terms

Users may access their data relating to this Application via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Application, is bound by these Terms and, in addition, by the following specific terms:

• the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.

To purchase Products, the User must register or log into this Application.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.

While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

• Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
• Users may review their purchase selection, modify, remove or add items.
• Users will be required to specify their billing address, contact details and a payment method of their choice.
• If the purchase results in a product being shipped, Users may need to indicate a shipping address.
• During the purchasing process, Users may, at any time, modify, correct or change the information provided, or altogether abort the purchasing process with no consequence.
• After providing all required information, Users must carefully review the order and, subsequently, may proceed to checkout.

To submit the order, Users must accept these Terms and use the respective button or mechanism on this Application, hereby committing to pay the agreed-upon price.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Application are displayed:

• including all applicable fees, taxes and costs.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.

All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of this Application to learn more about the data processing and Users’ rights regarding their data.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.

General conditions of use for Chuzeat Wallet

1. Definitions

The terms defined below that begin with a capital letter, in the plural as well as in the singular, will have the following meanings in the General Conditions of Use (hereinafter the "CGU"):

Buyer: means a natural person who purchases Chuzeat Wallet on the Site or in an Affiliated Business for strictly personal use and who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Chuzeat Wallet: means digital shopping voucher intended for consumers (B2C). Chuzeat Wallet does not constitute a payment instrument but is a digital multi-purpose legitimation document (ex art. 2002 of the civil code), intended for consumers, having the regulatory requirements in force at the time, issued by an Affiliated Business and assigned to the Consumer, legitimizing this last to receive goods and/or services of a total amount equal to the Legitimation Value exclusively in the same Affiliated Establishment. CGA: these are the General Conditions of Purchase which establish the rules applicable to the purchase of Chuzeat Wallet by the Buyer. CGU: these are the General Conditions of Use of Chuzeat Wallet, in force pro tempore, which establish the rules applicable to the use of Chuzeat Wallet by the Consumer. Consumer Code: means Legislative Decree 6 September 2005, n. 206 ("Codice del Consumo"). Network and, in the singular, Affiliated Business: means the network of affiliated businesses or the single business that has an agreement with Foodea Lab for the use of the Legitimate Services, in possession of the appropriate authorizations. Recharge: is the process of purchasing Chuzeat Wallet or receiving, for any reason, a title of legitimacy on Chuzeat Wallet from the Affiliated Business. Legitimated Service or Underlying Service: means service rendered by the Affiliated Business to the Consumer, consisting of the transfer of individual goods, services, works or services, for an amount equal to the Legitimation Value. Consumer and in the plural Consumers: is the assignee of Chuzeat Wallet, which coincides with the Buyer. Site, Service, App or Application: all websites and Apps owned by Foodea Lab S.r.l., including chuzeat.com, chuzeat.app, chuze.at and the Chuzeat and Chuzeat Business Apps. Activation: is the process of enabling Chuzeat Wallet on the Site. Activation or use of Chuzeat Wallet by the Buyer entails acceptance of these GCP and the GCU. Legitimation Value: corresponds to the value of Chuzeat Wallet, in other words, it is the value that the Buyer and/or the Affiliated Merchant decide to attribute to Chuzeat Wallet at the time of Recharge.

2. Preamble: Value of the CGU.

These GCU intend to define the rules applicable to the use of Chuzeat Wallets by the Consumer.

These GCU must be carefully examined by the Consumer before using Chuzeat Wallet. A copy of the GCU can be consulted online by anyone who visits the site and can be printed, on a durable medium (PDF), directly from the site www.chuzeat.com in the specifically dedicated "Terms and Conditions" section. Foodea Lab reserves the right to make changes to the Site as well as to these GCU at any time, without notice, for example, to offer new products and/or services or modify existing ones, or to comply with legal or regulatory provisions. The new GCU will be effective from the moment of their publication on the Site. The GCU applicable to the relationship with the Consumer will be those in force on the date of the Recharge.

The Consumer declares to be at least 18 years old and capable of acting, in accordance with article 2 of the Civil Code. Before using Chuzeat Wallet, the Consumer can view all the information referred to in the art. on the Site. 49 of the Consumer Code such as, by way of example but not limited to, information relating to Foodea Lab and the essential characteristics of Chuzeat Wallet and together with all other mandatory information required by law. Before using Chuzeat Wallet, the Consumer is required to carefully read these GTU and keep a copy for future reference.

3. Features and ways to use Chuzeat Wallet.

The assignment of Chuzeat Wallet identifies the responsibility of the Consumers, according to the scheme of the articles. 1411 ss of the Civil Code, the right to receive the Underlying Services from the Affiliated Businesses.

Chuzeat Wallet: gives the right to receive the Legitimate Services within the limits of the Legitimation Value, within the limits and under the conditions established by the CGU and the applicable legislation in force; does not give the right to the rest if the overall value of the Legitimate Service is less than the Value of the Legitimation allowed by Chuzeat Wallet; gives the right to receive the Legitimate Services exclusively from the Affiliated Business that carried out the Recharge; it cannot be monetized or sold to third parties or marketed; gives the right to receive goods and/or services that are not inferior, in quality and quantity, to those ordinarily supplied to the generality of consumers, according to the general price list in force; it can be integrated in cash or with other forms of payment and can be cumulated; gives the Consumer the right to be indemnified from any claim that the Affiliated Business may make against him or her or the Buyer, if different from the Consumer, up to the limit of the value of the Underlying Services for which the Chuzeat Wallet is used; the Services Legitimized by each Recharge must be used by the Consumer within the time limit of 180 days from the Recharge (expiry date); gives the Consumer the right to benefit from the Legitimate Services, to be provided for personal and/or family use and not in the context of the exercise of a business, art or profession; it is stored and consultable on the Chuzeat App and on the Chuzeat.app website.

The Consumer will be able to use Chuzeat Wallet exclusively at the Affiliated Business that carried out the Recharge when paying a bill through the Chuzeat App or the Chuzeat.app website.

4. Duration of Chuzeat Wallet Recharge

Each Chuzeat Wallet Recharge is active from the moment it is made and for the following 180 natural and consecutive days. After this deadline, the Chuzeat Wallet Recharge can no longer be used.

5. Relationships between the Consumer, Foodea Lab and the Network of affiliated businesses.

The Chuzeat Wallet Recharge is purchased by the Consumer who becomes its owner. The Consumer will be entitled to receive goods and/or services from the Affiliated Stores for an amount totaling equal to the Legitimation Value of the Chuzeat Wallet.

The Legitimate Services are provided to Consumers by the Affiliated Stores, and not by Foodea Lab which will operate, free of charge, as an agent representing the Consumers themselves. The Legitimate Services are under the responsibility of the Affiliated Establishments that provide them, as better clarified in the following article 7.

In the negotiation scheme in question, therefore, the payment to the Affiliated Business of the fee for the provision of the Legitimate Service, equivalent to the Value of the Legitimation of the Chuzeat Wallet Recharge, is configured as a necessary act carried out by Foodea Lab, in its capacity as agent, for the purposes of exact fulfillment of the mandate. 6. Obligations of the parties. The Consumer undertakes to use Chuzeat Wallet exclusively for personal use and within the scope of the Legitimate Service, any other use being prohibited by law.

For its part, Foodea Lab undertakes to guarantee and organize the provision of only the Chuzeat Wallet tool as a payment method for Legitimate Services at the Affiliated Stores. The Affiliated Businesses undertake to make the Legitimate Services available at their respective premises.

7. Responsibility.

In no case can Foodea Lab be considered responsible for the facts and behavior of the Affiliated Businesses, including compliance with the rules governing the regulation of trade and health and hygiene matters concerning their activity.

The products sold and/or services provided by the Affiliated Stores upon acceptance of the Chuzeat Wallet are sold/rendered by the Affiliated Stores themselves; the Affiliated Business will therefore be solely responsible, towards the Consumer, in relation to the products sold and/or the services provided and for the provision of the related guarantees, including the legal guarantee for non-compliance pursuant to the articles. 129, 130 and 132 of the Consumer Code.

In any case, Foodea Lab will not be liable for: (i) the failed or non-compliant execution by the Affiliated Business of the service due to the Consumer following the conclusion, with the same, of the relationship for the supply of goods /services upon acceptance of Chuzeat Wallet; (ii) damages that, for any reason, the Consumer believes he has suffered as a result of the execution - failed or non-compliant - of the supply relationship of goods/services concluded with the Affiliated Business following acceptance by Chuzeat Wallet; cases for which the Affiliated Business guarantees and indemnifies the issuer Foodea Lab towards third parties.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

The right of withdrawal does not apply on this Application

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over this Application due to the nature of its offering.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

The right to cancel does not apply on this Application

Users acknowledge and accept that the right to cancel does not apply to contracts concluded over this Application due to the nature of its offering.

Brazilian User rights

Right of regret

Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of this document and in accordance with the guidelines in this section.

The right of regret does not apply on this Application

Users acknowledge and accept that the right of regret does not apply to contracts concluded over this Application due to the nature of its offering.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability for User activities on this Application

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in this Application.

The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations.

Users, in particular, acknowledge and accept that the Owner is not involved in sales and purchases by Users qualifying respectively as Sellers or Buyers over this Application.

This means that purchase contracts are solely entered into and performed by such Sellers and Buyers.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Owner shall not be liable for:

• any losses that are not the direct consequence of a breach of the Terms by the Owner;

• any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

• damages or losses resulting from interruptions or malfunctions of this Application due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;

• any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via this Application. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to this Application.

Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:

In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

Severability clause

If one or more terms or conditions of these General Conditions are declared illegal, invalid, null or ineffective, this has no effect on the effectiveness of the brige is not touched, which remain fully in force and effective to the maximum extent permitted by law.

Completeness of the contract

These general conditions constitute the entire agreement between the parties in relation to its object and replace any previous contract, agreement or understanding reached between the parties in relation to this object.

Changes to the Term and Conditions

Foodea Lab reserves the full right to change the Term and Conditions anytime. Any changes to our Term and Conditions will be published on the Sites and, if necessary, we will notify users of the changes by e-mail or with "push" notifications on the App.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.