1.1 The following terms have the meaning indicated below, being understood that terms defined in the singular form are to be considered defined even in the plural form and viceversa:
2.1 These General Terms and Conditions apply to all the Agreements and form an essential part thereof.
2.2 Kuriu reserves the right to modify the General Terms and Conditions at any time, it being understood that any such modification shall not be retroactive and that the version of the General Terms and Conditions to be applied to the Agreements shall be the one accepted by the Customers at the time the Orders are placed.
2.3 The Platform is dedicated to the purchase by Consumers. In case of Agreements entered into between Kuriu and a Trader, these General Terms and Conditions shall apply but, by way of derogation to the same:
2.4 In order to make a purchase through the Platform, the Customer shall be of legal age and own the legal ability to act, which the Customer represents to own by submitting an Order.
3.1 The Agreements are entered into between the Parties when Customers receive the Order Confirmation. Should the Customers not receive the Order Confirmation within 1 (one) day, the relevant Order shall be deemed rejected and, therefore, not effective.
3.2 With the Order Confirmation, the Customers will receive a copy of these General Terms and Conditions, a summary of the Order along with specific indication of the Price and the relevant taxes and a description of the Service.
3.3 By placing an Order, Customers declare to accept the General Terms and Conditions and to have read all the additional information available on the Platform, including the information accessible through links.
4.1 By using the Service, Customers can receive personalized suggestions, tips, and ideas for local experiences in Rome (Italy) such as museums, tours, restaurants, events, and other activities. The Service is provided by human beings. Kuriu will act solely as a provider of general information: the Service does not include the organization nor the intermediation of any of the activities which may be proposed as tips or recommendations. Therefore, it is Customers’ responsibility to verify that the tips or recommendations are in line with their needs, as well as to verify details, make bookings and enter into the agreements with all necessary third-party providers.
The Service shall only be available during working days in Italy (Monday to Friday, excluding public holidays) from 09:00 to 18:00. Kuriu will publish on the Platform with reasonable advance notice the working days during which the Service will not be available.
In order to provide tips and recommendations, Kuriu may share links to third party websites that are not controlled or operated directly by Kuriu whose navigation will not be attributable to Kuriu.
The Customers shall not use the Service to:
(i) request information or assistance unrelated to travel, leisure, or cultural activities in Rome;
(ii) seek or share content that is unlawful, offensive, discriminatory, in breach of third-party rights, or otherwise inappropriate;
(iii) ask for guidance or support regarding illegal activities, including but not limited to the use or purchase of prohibited substances or services;
(iv) use the chat to harass, threaten, or otherwise interfere with the rights of others, including staff;
(v) attempt to use the service for commercial, promotional, or advertising purposes without Kuriu’s prior written consent.
4.2 Customers may have the right to benefit, only once, from the Service for a free trial period of the duration from time to time indicated on the Platform. Upon expiration of the trial period, Customers may submit an Order for the purchase of the Service through the Platform. In the event Customers do not place the Order, the Service shall cease immediately after expiration of the trial period. No tacit renewal of the Service shall apply.
4.3 The Service is available exclusively via WhatsApp. Customers must have a compatible device with an active internet connection in order to access and use the Service. Any data or connectivity charges incurred are the sole responsibility of the Customers. The Service does not support communication via SMS, phone calls, or any other messaging platforms.
Given the characteristics of the Services, the Customers acknowledge that certain issues are not attributable to Kuriu, including:
(i) problems with connectivity and continuity of Internet traffic;
(ii) problems pertaining to the terminals or devices used by the Customers, including failures of the devices used by the Customers and including cases where such devices are not compatible or fast enough to allow the use of the Services.
4.4 Customers acknowledge that use of the Platform and Service in accordance with these General Terms and Conditions is essential for the proper functioning of the Platform and Service, and for the use of the Platform by other Customers. Customers agree to use the Platform and Service in accordance with the General Terms and Conditions for the purposes set forth therein only, as well as in compliance with applicable law, and specifically agree not to:
(i) assign or resell to third parties the Service;
(ii) tamper with or otherwise operate on the Platform without the intervention and permission of Kuriu;
(iii) use the Platform or Service if their account has been suspended;
(iv) use the Platform or Service to create similar or identical platforms or services;
(v) carry out the framing or mirroring, or make any other incorporation whatsoever, of the Service in sites or services different than the Platform;
(vi) communicate to Kuriu any data which is false, incorrect, misleading or may cause negative consequences for any third-party;
(vii) spread viruses, malwares or any other technology aimed at damaging the Platform or Service, the Customers’ devices, or to infringe the rights of Kuriu or other Customers or anyhow aimed at preventing or disturbing the use of the Service by the other Customers.
4.5 Without prejudice to the provisions set forth below, if Kuriu believes that a Customer has taken actions that may involve technical issues or legal liabilities or that are contrary to the provisions of the General Terms and Conditions or applicable law, Kuriu may, without limitation, restrict, suspend or terminate the use of the Service.
5.1 The Price is indicated in Euro comprehensive of VAT. The applicable Price is the one published in the Platform at the time Customers place the relevant Order.
5.2 Without prejudice to the above paragraph, Kuriu may refuse an Order Confirmation if the Order contains an incorrect Price. If during the purchase of a Service, the Customer finds that the Price of is clearly lower than the one normally applied, net of any discounts or promotions in force, the Customer is requested not to send the Order and report it to Kuriu.
6.1 In order to place an Order, Customers shall register on the Platform by entering all the mandatory data and following the instructions made available by Kuriu. Customers agree not to disclose the information accessible through their credentials and not to allow third parties access to the Platform or Service through their credentials.
6.2 Customers are required to provide Kuriu with true and accurate information and agree to:
(i) not provide false information;
(ii) not create fake or duplicate accounts;
(iii) update their personal information where necessary, including to enable Kuriu to contact them if needed;
(iv) not impersonate, nor substitute for, any third parties.
Customers also acknowledge that in order to allow the proper functioning of the Service, temporary email addresses cannot be used. Should the Customers use a temporary email address for the creation of the account, Kuriu shall be entitled to reject the Customers’ request or, in the case of detection after the creation of the account, to suspend the Customers’ account until an appropriate email address is adopted.
6.3 Customers may purchase the Service by selecting it in the designated section of the Platform and adding it to the “cart”. Once the cart is completed, Customers must select a payment method and place the Order.
7.1 Customers may pay the Price and any additional costs by using the payment methods indicated on the Platform. In the event it is not possible to charge the amounts owed by Customers, it will not be possible to deliver the Order which will be considered cancelled.
7.2 Customers acknowledge that Kuriu may amend at any time the payment methods available to the Customers, provided that the methods of payment made available to Customers are those published on the Platform at the time Customers place the relevant Orders.
7.3 If requested by Customers at the time of placing the Orders, Kuriu shall send an invoice to the Customers. For the issuance of the invoices, the information provided by the Customers shall be deemed to be truthful and correct. No amendment to the invoices shall be possible after the relevant invoice has been issued by Kuriu.
7.4 Kuriu will use the information received pursuant to art. 7 exclusively for completing all relevant procedures related to the sale of the Service and for the performance of the activities set forth in these General Terms and Conditions.
8.1 Customers acknowledge that Kuriu or its licensors own all intellectual and industrial property rights relating to the Platform (including, without limitation, the software that enables its functioning and related code, databases, user interface, graphics, layout and look-and-feel).
8.2 Customers may use the Platform only to the extent allowed in these General Terms and Conditions and for the purposes described therein.
8.3 Customers are prohibited to:
(i) translate, decompile or reverse-engineer the Platform, or engage in any other activity designed to identify the algorithms and logics of the Platform’s operation;
(ii) extract or make copies of the information contained in the Platform, make derivative works from the Platform, reuse the Platform, or make any other use of the Platform other than as set forth in these General Terms and Conditions or permitted by applicable law.
9.1 The Consumers shall have no right to withdraw from the Agreements, being such right of withdrawal excluded in case of:
(i) service contracts after the full performance of the service, if the performance has begun with the Consumer’s prior express consent and with the acknowledgment that they will lose their right of withdrawal once the contract has been fully performed by the Trader (article 59, par. 1, lett. (a), Italian Legislative Decree 206/2005);
(ii) the provision of services related to leisure activities where the contract provides for a specific date or period of performance (article 59, par. 1, lett. (n), Italian Legislative Decree 206/2005);
(iii) supply of digital contents by means of non-material mediums if the relevant performance begun with the Consumers’ express agreement and their acceptance that they would lose their right of withdrawal (article 59, par. 1, lett. (o), Italian Legislative Decree 206/2005).
10.1 This article 10 exclusively applies to Customers who are Consumers. Customers who are not Consumers shall not be entitled to avail of the remedies under this article 10 but may avail themselves of any other remedies provided for by the applicable law.
10.2 Kuriu warrants that the Service will be free of conformity defects and therefore will meet the requirements:
(i) subjective of conformity (correspondence to description, quantity and quality; possession of functionality, compatibility, interoperability and features; suitability for the uses requested by the Customers and expressly accepted by Kuriu; provision of accessories and instructions, including with respect to installation and customer service, where applicable; updates; as set forth in these General Terms and Conditions); and
(ii) objective of conformity (suitability for purposes for which digital contents or services of the same type are normally employed; correspondence to quantity, quality and performance characteristics, including with respect to functionality, compatibility, accessibility, continuity and security, customarily found in digital content or services of the same type and which the Customers may reasonably expect to receive, taking into account any public statements made; provision of accessories and instructions, where applicable; conformance to any trial or preview version made available prior to acceptance of these General Terms and Conditions).
10.3 It is understood that there will be no lack of conformity if, at the time of acceptance of these General Terms and Conditions, the Customers were specifically informed that a particular feature of the Service deviated from the objective requirements for conformity and the Customers expressly and separately agreed to such deviation.
10.4 Kuriu shall be liable in the event of conformity defects relating to the Service that become apparent or apparent within the period of time during which the Service is provided to the Customers in accordance with these General Terms and Conditions. An action seeking to enforce defects, provided that they have not been maliciously concealed by Kuriu, shall be barred in any event within 26 months from the last act of provision of the Service.
10.5 The burden of proof of conformity of the Service, for conformity defects arising during the period referred to in Section 10.4 above, shall be on Kuriu, unless Kuriu proves that the Customers’ digital environment is not compatible with the technical requirements of the Service and that it has informed the Customers of such requirements prior to accepting the General Terms and Conditions. Customers are required to cooperate with Kuriu, to the extent reasonably possible and necessary, limited to the least intrusive means for the Customers, in order to ascertain whether the cause of the lack of conformity resides in the Customers’ digital environment. In case of non-cooperation and if Kuriu has informed the Customers of the requirements inherent in the necessary digital environment prior to acceptance of the General Terms and Conditions, the burden of proof of the existence of the conformity defect shall be on the Customers.
10.6 In the event of the existence of a conformity defect, the Customers shall be entitled to obtain the bring into conformity, to receive a reasonable reduction in price or to termination of the General Terms and Conditions.
10.7 Customers are entitled to the bring into conformity of the Service, unless this is impossible or imposes costs on Kuriu that would be disproportionate, taking into account all the circumstances of the case and, in particular:
(i) the value that the Service would have in the absence of the lack of conformity defect; and
(ii) the extent of the lack of conformity.
Kuriu undertakes to bring the Service into conformity within a reasonable period from the time it is informed by the Customers of the lack of conformity, without expenses and without significant inconveniences to the Customers, considering the nature of the Service and the Customers’ intended use thereof.
10.8 Customers are entitled to a proportionate reduction in price, or termination of the Agreement, in any of the following cases:
(i) the remedy of bringing into conformity is impossible or disproportionate;
(ii) Kuriu has failed to restore conformity as provided in these General Terms and Conditions;
(iii) a lack of conformity appears despite Kuriu’s attempt to restore conformity;
(iv) the lack of conformity is so serious as to justify an immediate price reduction or termination of the Agreement; or
(v) Kuriu has stated, or it is equally clear from the circumstances, that it will not restore conformity within a reasonable time or without significant inconveniences to the Customers.
10.9 The price reduction is proportional to the decrease in value of the Service provided to the Customers compared to the value they would have if they had been compliant. If the Service is to be provided for a specified period in exchange for payment of a price, the price reduction applies to the period that the Service lacked conformity.
10.10 The Customers have no right to terminate the Agreement if the lack of conformity is a minor one. The burden of proof regarding whether the lack of conformity is minor is on Kuriu.
10.11 In the event of termination of the Agreement, Kuriu will refrain from using any content other than personal data that has been provided or created by the Customers as part of the use of the Service, except where such content:
(i) is without utility outside the context of the Service;
(ii) relates only to the Customers’ activity in using the Service;
(iii) has been aggregated by Kuriu to other data and cannot be disaggregated or otherwise not without disproportionate effort; or
(iv) has been jointly generated by the Customers and others, and other consumers may continue to use the content.
10.12 With the exception of the situations referred to in Article 10.11 (i) to (iii), Kuriu will make available to the Customers, upon the Customers’ request, contents other than personal data, which has been provided or created by the Customers during the use of the Service. The Customers has the right to retrieve from Kuriu such digital content free of charge and without hindrance, within a reasonable period and in a commonly used, machine-readable format.
10.13 Upon termination of the Agreement, Kuriu may prevent any further use of the Service by the Customers, in particular by making the Service inaccessible to the Customers or deactivating the Customers’ account, without prejudice to the foregoing. Upon termination of the Agreement, the Customers shall refrain from using the Services and from making them available to third parties.
10.14 It is understood that Customers will not be required to pay for use of the Services during the period prior to termination of the Agreement during which the Service lacked conformity.
10.15 Any refunds due to the Customers will be made without undue delay and, in any event, within 14 days after the day Kuriu is informed of the Customers’ decision to exercise the right to price reduction or termination of the Agreement. Kuriu will make the refund using the same means of payment used by the Customers to pay for the Service, unless the Customers expressly consents to the use of another means and does not incur any expenses related to the refund. Kuriu will not impose any fees on the Customers in connection with the refund.
10.16 Kuriu may modify the Services beyond what is necessary to maintain compliance if the following conditions are met:
(i) the modification is made at no additional cost to the Customers;
(ii) the Customers are clearly and comprehensibly informed of the change; and
(iii) in the cases referred to in Article 10.17, the Customers is informed, with reasonable advance notice on a durable medium, about how and when the change is made, as well as about his or her right to terminate the Agreement or about the possibility of maintaining the Service without such change in accordance with the provisions below.
10.17 The Customers have the right to withdraw from the Agreement if the change referred to in Article 10.16 adversely affects the use of or access to the Service, unless such adverse consequences are negligible. In this case, the consequences provided for in the event of termination of the Agreement will apply. This Section 10.17 shall not apply if Kuriu has permitted, at no additional cost, the Customers to maintain the Service without modification and if the compliance of the Service is preserved.
10.18 The remedies provided in this Article 10 shall also extend to cases of hindrances or limitation of use of the Service that are consequential to a restriction resulting from the infringement of third-party rights, in particular intellectual property rights, without prejudice to any other remedies provided by applicable law.
11.1 Kuriu represents and warrants that Customers’ personal data will be processed in accordance with the provisions set forth by applicable data protection regulation as indicated in the privacy policy made available on the Platform.
12.1 The Platform is constantly checked in order to prevent the creation of errors or inaccuracies. However, the Platform may at any time contain errors, inaccuracies or oversights.
12.2 Therefore, any potential errors, inaccuracies or oversights which the Platform may contain, including after the placement of an Order, will be corrected upon identification of the same without any prior notice to the Customers.
13.1 The General Terms and Conditions and the Agreements are governed by the Italian law, without prejudice to the rights attributed to Consumers by mandatory legal provisions in force in their country of residence.
13.2 Any legal disputes shall be referred to the courts of the place of residence or domicile of the Consumer.
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PLEASE NOTE: our service is currently in testing, so our locals will be available from 9am to 6pm. The service will not be available on Saturday, Sunday
and Italian holidays.