These Terms govern
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
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 WuvDay 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.
WuvDay is provided by:
MLR s.r.l. – Via Filippo Corridoni, 8 – 76123 Andria (Italy)
Owner contact email: privacy@mlr.srl
"WuvDay" refers to
The following documents are incorporated by reference into these Terms:
WuvDay is a marketplace that is at the service of information and publishing sector, therefore, it guarantees compliance with the rules on the confidentiality of sources and on the privacy of the people involved in the news.
As a rule, the journalist, in exercising the right to report, gives maximum transparency to the sources of the news, indicating them accurately to readers or radio and television’s users. However, in the event that the sources ask to remain confidential, the journalist is required to respect professional secrecy and to inform the readers or radio and television’s users that will read, listen to or watch the information about this circumstance. Journalistic secrecy therefore pertains to the sources of the news and operates only in the case where this is required by the fiduciary nature of the same. Professional secrecy does not necessarily represent a limit to the profession of journalist, but it is also an expression of freedom of the press. The lack of protection of journalistic sources could, in fact, dissuade journalistic sources from helping the press to inform the public on matters of general interest, as recalled by the European Court of Human Rights, 25 February 2003, Roemen and Schmit c. Luxembourg.
The Wuvday marketplace guarantees by default, right from the account registration phase, anonymity for all USERS, automatically assigning an "alias" and an anonymous "Avatar" to each one of them according to an algorithm. This default option can only be omitted upon explicit request by the USER (business or editor) and / or for marketing opportunities.
By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:
The Service of WuvDay is provided at no monetary cost to Buyers. Products offered by the Owner or by Sellers via WuvDay are marked as such.
These Terms only apply to the described usage of WuvDay as a platform.
Terms, conditions and any other provision applying specifically to transactions between Buyers and Sellers are specified by each Seller.
Unless otherwise specified, the terms of use detailed in this section apply generally when using WuvDay.
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 WuvDay, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
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 WuvDay.
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.
Registration of User accounts on WuvDay is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
The Owner does not act as a tax substitute for private sellers on WuvDay. Therefore, each seller is personally responsible for complying with all applicable tax laws, including declaring and paying taxes on transactions made on the platform. Sellers are required to inform themselves and fulfill their tax obligations in accordance with the legislation in force in their country or region of residence.
Users can terminate their account and stop using the Service at any time by doing the following:
Closing the account will lose access to all WuvDay services, all data and any credit not redeemed.
Note: The list below may not include all WuvDay services affected by your account deletion, such as services that WuvDay no longer supports. User data will also be deleted from these services.
By closing the account, the user waives any credit not yet redeemed and / or points not yet redeemed and any possible recourse action.
Note: it is possible that some of the WuvDay services affected by the deletion of the account may not be included in the list above, for example the services that WuvDay no longer supports; user data relating to them will also be deleted.
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, offencive 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.
Unless where otherwise specified or clearly recognisable, all content available on WuvDay is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on WuvDay 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.
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, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on WuvDay, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on WuvDay, the User may download, copy and/or share some content available through WuvDay 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.
The Owner allows Users to upload, share or offer their contents on WuvDay.
Providing contents to WuvDay the User certifies the originality and authenticity of them, declares to be legally authorized to provide them and confirms that said contents do not violate the law and / or the rights of third parties, moreover, guarantees the originality and authenticity of the same.
Further insights regarding acceptable content can be found inside the respective section on WuvDay which details the acceptable uses.
The User acknowledges and accepts that by providing its contents to WuvDay, it irrevocably and free of charge grants the Owner the exclusive right in case of sale and non-exclusive in other cases, valid worldwide and perpetual (i.e. for the duration of legal protection), to use, access, archive, reproduce, modify, broadcast, publish, transform into derivative works, transmit (including streaming) or otherwise exploit the contents to provide and promote the Service in any form or media channel.
This right may be transferred or licensed to third parties. Within the limits of the law, the User renounces the exercise of moral rights in relation to the content provided to WuvDay.
Users acknowledge, accept and confirm that all content they provide through WuvDay is provided subject to the same general conditions set forth for content on WuvDay.
The User is the unique responsible for the contents uploaded, published, shared or otherwise provided to WuvDay as well as the geographical location of the content, guaranteeing its veracity, whether certified or not. The User acknowledges and accepts that the Owner does not filter or moderate such contents.
Nonetheless, the Owner reserves the right to remove, delete, block or rectify these contents at its discretion and to deny access to WuvDay without notice to the User who uploaded them:
The removal, cancellation, blocking or rectification of the contents does not justify any claim for compensation, reimbursement or indemnification by the Users who have provided such contents.
Users agree to hold the Owner harmless from and against any claim advanced and / or damage suffered due to content provided by them to or offered through WuvDay.
If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.
Content that Users provide to WuvDay is made available according to the criteria outlined within this section.
Content meant for public availability shall be automatically made public on WuvDay upon upload or, at the sole discretion of the Owner, at a later stage.
No personal data, identification or other information referable to the User with the exception of a freely chosen pseudonym (such as an avatar chosen among those made available) and one established by the platform (such as an alias) will appear in connection with the published content; both pseudonyms may be modified, also in order to show personal, identifying data and / or other information, with the authorization of the Owner, only in the case in which a justified request is processed by commercial users and / or publishers.
Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users.
No personal data, identification or other information referable to the User with the exception of a freely chosen pseudonym (such as an avatar chosen among those made available) and one established by the platform (such as an alias) will appear in connection with the published content; both pseudonyms may be modified, also in order to show personal, identifying data and / or other information, with the authorization of the Owner, only in the case in which a justified request is processed by commercial users and / or publishers.
Through WuvDay 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.
WuvDay 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 WuvDay 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 denying Users access to WuvDay or the Service, terminating contracts, reporting any misconduct performed through WuvDay or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
WuvDay allows Users to receive benefits if, thanks to their recommendation, a new User sells Products on WuvDay.
The Owner reserves the right to terminate the offer at any time at his discretion.
The "Invite a Friend" initiative is a promotion dedicated to private users registered on the Wuvday platform that allows one of these ("A") to invite one or more friends ("B") and both get a reward; in particular, “A” will receive 20 points for every € 10 of contents sold by “B” while the latter will receive a bonus on the sale just made equal to 2% of it; this "bonus" is to be considered as a discount on the sale and is therefore paid in addition to what is requested. “B” may in turn invite one or more friends ("C"); in this case both “A” and “B” will earn both points, in addition to the sales bonus paid to “C”. Points are earned only by direct or indirect (first level) friends. See diagram:
Each sale made by “C” will yield points equally to both “B” and “A”; a possible invited of “C” will instead produce only points for “C” and “B”.
Upon reaching the threshold of 500 accumulated points, users will be able to redeem them in the form of an Amazon voucher worth € 5.
A user must be invited by entering the code of his "friend" in order to obtain the invitation code (necessary tool to participate in the initiative)
The points will be generated and registered every time a sale is made on the platform Wuvday and can be accumulated and redeemed for the entire duration of the initiative.
Business users registered on WuvDay will, on the other hand, be able to advertise the platform by broadcasting their personal invitation code through their communication channels, creating an advertising campaign whose recognition will be equal to 2% of all sales made by the invited users until the end of the initiative.
The relationship between User “A”, “B” and “C” is the same as for private users so you can earn both through direct and indirect guests. The invitation codes cannot be superimposed so a user “B” can enter either a code from a private individual or a code from a Business.
The promotion remains valid until revoked and / or closed. Users will be informed at least 10 (ten) days before the closure of the program.
To participate in the program, the user must receive the invitation code from a user “A” and enter it within WuvDay or during the registration process or later. After entering the invitation code, the user (who from now on we will call "user B") will get the 2% bonus and in turn will be able to invite other friends according to the diagram mentioned while user “A” will receive the points.
The Owner reserves the right to verify the correctness of the procedure and the legitimacy of the accumulated points before proceeding with the redemption of the same.
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to WuvDay 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 WuvDay 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 licence 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 WuvDay and/or its related software. Users may need to download and install such updates to continue using WuvDay 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 licence.
The User may download, instal, use and run the software on unlimited devices.
However, it may not be permitted to run the software on more than one device at a time.
Some of the Products provided on WuvDay, 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 WuvDay.
To purchase Products, the User must register or log into WuvDay.
Prices, descriptions and availability of the Products are specified in the respective sections of WuvDay and are subject to change without notice.
Although the Products on WuvDay are presented with the utmost accuracy technically possible, representation on WuvDay by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended for reference only and does not imply any guarantee in about the characteristics of the purchased Product.
The characteristics of the selected Product will be specified before and during the purchase procedure.
The products are sold exclusively, therefore, each product can be purchased by only one user.
All transactions concluded on WuvDay will be handled only in the Euro currency. The Owner, in order to facilitate the purchase procedures, allows Users to view the approximate value of the asset to be purchased in their preferred currency, reiterating, however, that the equivalent value to be paid for each transaction will always be in Euro.
Each phase, from the choice of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
To complete the checkout, Users will have a limited time shown as a countdown on the screen. During this time the product is blocked so that no other user can purchase it.
If the order is not sent within the countdown end, shown on the checkout screen, the product will be unlocked and will be available again for all Users who will be able to view and purchase it.
Sending the order involves the following:
Each phase, from the choice of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure can take place through a purchase proposal:
This operation is a pre-authorization payment; by sending the proposal, the user undertakes to purchase the product.
In the event that the Seller User accepts the proposal, the order will be sent and closed instantly with the data and pre-authorization provided; at the end of the process, the buyer will be informed of the purchase.
The proposal in no way reserves the content that remains available to be purchased by other users.
In the event that the product is purchased before the offer is accepted, the offer will be automatically rejected.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
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 WuvDay are displayed:
When users publish contents in order to sell them, they agree to comply with the Content Rules and the Sales Rules and:
that WuvDay allows users to find the contents they are looking for. The order of the search results is determined by the following main factors:
that the meta-tags and links to the URLs inserted in the advertisement will be removed or modified in such a way as not to violate the search results of third parties;
Accordingly, to improve the sales experience, ads may not appear in some search results regardless of the display criteria chosen by the buyer.
After the sale, the User will see an increase in their "Balance" on the WuvDay platform by an amount equal to the content sold plus eventual awards.
The User may at any time request the withdraw of the money accumulated in their "Balance" provided that it is greater than or equal to 1 (one) euro.
The User may request the withdraw through the "Transfer Credit" directly via PayPal and / or, for amounts greater than or equal to 50 (fifty) euros, by bank transfer to their bank account.
During the withdraw process, transaction costs may be applied, charged to the User, due to the use of Third Party Payment Platforms (e.g. PayPal).
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of WuvDay.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
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 WuvDay.
Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of WuvDay to learn more about the data processing and Users’ rights regarding their data.
Other payment methods – if any – are independently provided by third-party services. In such cases WuvDay collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, the Owner shall be under no obligation to fulfil 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.
If Users authorise the PayPal feature which allows future purchases, WuvDay will store an identification code linked to the Users’ PayPal account. This will authorise WuvDay to automatically process payments for future purchases or recurring instalments of past purchases.
This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Unless otherwise stated, digital content purchased on WuvDay is delivered via download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.
Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
The purchased service shall be performed or made available within the timeframe specified on WuvDay or as communicated before the order submission.
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.
Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over WuvDay due to the nature of its offering.
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.
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 WuvDay 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:
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.
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, 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.
WuvDay 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.
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:
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.
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
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.
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.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of WuvDay and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
To learn more about the use of their personal data, Users may refer to the privacy policy of WuvDay.
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 WuvDay 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 WuvDay 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.
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.
Regardless of the above, any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers in France not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.
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.
All communications relating to the use of WuvDay must be sent using the contact information stated in this document.
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.
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.
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.
These Terms are drawn up and revised in Italiano. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.
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.
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.
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.
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.
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.
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.
This Agreement shall continue in effect until it is terminated by either WuvDay or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
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 WuvDay 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.
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.
Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before