Terms and conditions

Terms and conditions

 Kimap is a navigation system managed by Kinoa srl. By installing the application, the user accepts the following contractual conditions and agrees to comply with them.

1) Object of the contract

Kinoa Srl offers the user the possibility to use, through applications for Apple Iphone, Android phones and other types of smartphones, the Kimap navigator.

The Kimap application allows the user to view maps and find a route taking account of the time and the distance, information that has been optimised for persons using mobility aids.

The user is enabled to make manual indications of any obstacles of various kinds encountered during his or her route.

The user is offered textual, visual and voice indications for the entire distance of the route, by means of a dedicated turn-by-turn navigation system.

The user grants Kinoa Srl the irrevocable and free right to use, communicate, disseminate and delete all content and all geolocation and movement data concerning the route, which have been supplied and/or generated by the user.

Kinoa Srl will send the to user, at the email address indicated in the registration phase, communications regarding the use of the application and newsletters relating to the services offered and to the activities carried out by the company.

 

2) Registration and withdrawal

To use the Kimap application, it is necessary to proceed with the installation of the same on one’s own phone device and to the registration by the user.

Registration is free and can be carried out through the sites www.Google.com and www. Facebook.com

For the purposes of the registration, the user must provide the information requested in the registration form (name, surname, email address, profile picture); such information must be true and current and will be processed according to privacy legislation, as specified in the disclosure (link).

Registration is permitted only to persons with capacity to act, such as suitability of the subject to exercise rights and assume obligations.

Each person may make only one registration to Kimap.

Kinoa Srl is not responsible for the actual identity of the user, since the personal identification in the context of the internet and with the requested information is possible only to a limited extent.

 

With the registration, the user confirms knowledge and acceptance of the conditions of use of Kimap, as described in these Terms and Conditions.

After successful registration, the user (thus the “Registered User”) can access the Kimap platform.

The user is obliged to protect his or her account from unauthorised use, as well as to make immediate notification via e-mail to the address …….. of any violation and/or any unauthorised use of his or her account.

The registration has an indefinite duration, it is the right of the user to time terminate the service at any by uninstalling the application. All personal information provided by the user at the moment of the registration will be deleted.

Kinoa Srl reserves the right to accept or refuse registration, and to suspend or terminate the account without notice if the information supplied is not believed to be correct and/or the user is using Kimap improperly and/or the user violates these terms and conditions and/or for any other reason connected with the technical and/or organisational reasons of Kinoa Srl.

 

3) Obligations assumed by the user

 The registered user agrees to:

– provide his or her registration information truthfully and to keep it up to date and complete;

– use Kimap personally and to therefore not provide to other subjects the ability to access and use his or her account;

– use Kimap only where he or she actually has followed routes using mobility aids on wheels;

– select the profile of correct mapping so that it coincides with the mobility aid actually in use;

– use a support that ensures the smartphone to be used with the mobility aid;

– provide immediate notification via ………………….. of any violations of the obligations detected under these Terms and Conditions.

The interaction with the Kimap application must be limited to the extent permitted by the user interface, the interaction with the Kinoa Srl servers must be limited to the use of the application.

The registered user is strictly prohibited from:

– interacting with the system in a different way than what is permitted by the graphic interface;

– using the application with navigation modes different from those indicated in the mapping profiles;

– carrying out any action amounting to the counterfeiting of information (e.g. reports of non-existent obstacles and/or shaking the smartphone vigorously for prolonged periods of time during navigation);

– copying, modifying, creating derivative works of the source code, decoding, disassembling or otherwise attempting to discover this code, selling, transferring, sublicensing or otherwise transfering any right regarding the Kimap application;

– breaking into the servers managed by Kinoa Srl;

– allowing others to use his or her account;

– reproducing, copying, selling, negotiating, using for commercial purposes, in whole or in part, the Kimap application and the information contained within it;

– creating a new product and/or application using the Kimap application and/or information provided by it, except by written agreement with Kinoa Srl;

– carrying out any action prejudicial to the rights of Kinoa Srl or third parties.

 

In the event of a breach of the Terms and Conditions laid down, Kinoa Srl will be able to proceed to the temporarily or definitive disabling of the user, in addition to the right to request the cessation of any prejudicial conduct and compensation for the damage.

In case a user account is definitively disabled from Kinoa Srl, the user will not be able to register again.

 

4) Liability

Kinoa Srl does not guarantee complete and continuous operation of the Kimap application.

Kinoa Srl does not guarantee the complete and continuous accessibility to the Kimap application and information provided by it, since the operation of the same is conditioned by the quality and proper functioning of the Internet network and/or by the good functioning of the Cloud service.

The user therefore exempts Kinoa Srl from any liability related to the use of the Kimap application and/or to the correct and/or continuous operation of the same.

Kinoa Srl does not guarantee the accuracy of the information provided by the Kimap application, which is in fact continuously generated by the users themselves and cannot be checked continuously and/or comprehensively by Kinoa Srl. The user is therefore aware that the information may contain errors and/or differences compared to reality and exempts Kinoa Srl from any liability in regard to the correctness of such information and/or from any responsibility which is consequent to the behaviour of other users.

 

The user is the sole responsible for any damage and/or malfunction of his or her smartphone resulting from the installation of the Kimap application and exempts to that effect Kinoa Srl from any responsibility.

 

5) Intellectual property rights

 The Kimap application and the information contained in it are protected by copyright, industrial patent and other related rights conferred by the legislation currently in force.

Any unauthorised use pursuant to the Terms and Conditions and/or the applicable rules and/or the written act by Kinoa Srl is not allowed.

 

6) Changes in the terms and conditions

Kinoa Srl reserves the right to modify at any time the Terms and Conditions of use of the Kimap application. The user will know the new Terms and Conditions by examining the “Terms and Conditions” page.

 

7) Applicable law and Jurisdiction

The relationship between Kinoa Srl and the user and any other matter related to the use of the Kimap application is governed by Italian law.

The place of jurisdiction for the resolution of any disputes between the user and Kinoa Srl and/or resulting from the use of the Kimap application, is exclusively the Court of Florence (Italy).

 

 

Subscription

 The user, for all legal purposes and in relation to Articles 1341 and 1342 of the Italian Civil Code, declares to have thoroughly read and specifically approves, as per separate subscription below for approval, clauses no. 1) Object of the contract, 2) Registration and withdrawal, 3) Obligations assumed by the user, 4) Liability, 6) Changes in the terms and conditions, 7) Applicable law and Jurisdiction

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