Terms and conditions
1. What can be done through our Platform?
- Through our platform ("Platform") we would like to offer to hotels and tourist accommodations ("Hotelier") the opportunity to publish a card of their facility ("Card") in order to gain visibility by encouraging direct contact between the Hotelier and the traveler, as specified in the Manifesto page.
- The Platform allows the traveler to search by destination or by name and choose to book the accommodation directly from the Hotelier's official website and booking engine.
- The service is provided by Nozio S.r.l. ("Nozio") with registered office in Via Zandonai 6/6 30175 - Venice, VAT n. 04173700271.
Nozio and the Hotelier, hereinafter jointly, the Parties.
2. What is this document?
- This document governs all dealings between you and Nozio and constitutes what define the terms and conditions of service (hereinafter the "Terms"). To use the Platform and take advantage of the service provided by Nozio, you must accept these Terms in full.
- We retain the right to change these Terms at any time. Following any changes, we will post the new version of the document in the restricted area and you will be notified of the posting via email and/or restricted area.
We want the Hotelier to be informed at all times and to be able to know the content of the newly prepared Conditions.
- The Hotelier in the case referred to in the previous point, may withdraw at no additional cost, by sending a notice to Nozio, specifying this reason in the subject line, within 30 days of the publication of the new version of the Terms. Once this period has expired, the Hotelier who continues to use the Platform accepts the new Terms unconditionally.
- The Hotelier may view and accept these Terms and Conditions online by flagging the checkbox he or she will find during the registration process.
- These Conditions can be consulted at any time via the link in the restricted area.
3. How to sign up for the Platform for free and how does it work?
- To register on the Platform, you must access www.nozio.com (the "Site") and fill the required information in the appropriate forms. Following the completion of the fields, a personal profile will be created. An email will then be sent to the address entered by the Hotelier in order to complete the registration.
- For subsequent logins, simply enter the Site and click on "Login" to enter the restricted area.
- Using false information or impersonating another individual or company during registration is prohibited.
- The Platform allows you to publish a free Card of your hotel facility in order to increase its visibility.
- During registration in the Platform, it is possible to select the Membership Plan that will provide access to additional services as further specified in Article 4.
4. Membership Plan - for payment
- The Platform allows the Hotelier to activate a membership plan ("Membership Plan") in order to obtain additional services, as further defined below:
- opportunity to place up to 20 images within their Card;
- presence of the 0% trademark ("Trademark") in the Sheet and priority in search results;
- opportunity to use the Trademark on its own site as better specified in Article 13. Nozio grants to the Hotelier a non-exclusive, non-transferable license limited to the duration of these Terms;
- use of the promotional code "#NOZIO" within the Hotelier's booking engine that will allow travelers to take advantage of a discount on their booked stay ("Promo Code") as further specified below;
- mention of the Hotelier's facility in 1 Nozio's newsletter per year. The Hotelier acknowledges that the period and manner of the mention is at the sole discretion of Nozio;
- mention of the Hotelier's facility on 1 post per year on the Nozio Travel Facebook profile;
- reserved access to all webinars organized by Nozio;
- free activation of Nozio Sites, a platform for building a website. The fee provided for publishing the website will be quoted separately and is not intended to be included in the Membership Plan;
- 20% discount on the activation of additional services such as: Nozio digital advertising packages or campaigns; Nozio V2R online booking system; Nozio Wolf, business intelligence platform ("Additional Services").
The discount is intended only on the activation fee of the Additional Service. In case of activation of multiple Additional Services, the discount will be applied on the activation with the lower list price.
- The price of the Membership Plan is as stated on the Site ("Fee"). The Fee is subject to VAT.
- You can apply for the Membership Plan and arrange for payment of the Fee due at the time of enrollment in the Platform or later by accessing the restricted area on the Site.
5. Payments and duration
- The annual Membership Plan Fee is due immediately upon enrollment in the Platform.
- Payments shall be made by the Hotelier through an online payment system by credit/debit card or PayPal.
- Once payment has been received, Nozio will issue the invoice, sending it to the email address specified by the Hotelier when registering for the Platform.
- The Membership Plan automatically renews upon expiration unless termination by the Hotelier to be sent in written form to Nozio by PEC to firstname.lastname@example.org or registered letter with 60 days notice.
- By enrolling in the Platform, the Hotelier commits to the following activities:
- provide only true, correct and complete information related to their company;
- do not take any action that would compromise the cybersecurity of the Platform;
- notify Nozio in written form of any changes in their identifying data and, if applicable, facility data;
- The Hotelier agrees to keep the Promo Code active on its booking engine for the whole duration of these Terms. The Promo Code shall be applied to all available rates and on all types of rooms on sale and shall not be less than 2 (two) euros or 2% of the calculated value per room per night.
7. Liability and Indemnity
- Each Party represents and guarantees to the other Party the following:
- to have all the necessary powers and authorizations to enter into the following Terms and to carry out the activities thereunder;
- that the performance of the following Terms does not contravene nor violates commitments or obligations previously contracted by the Party or any rule, law or regulation, or any administrative act;
- that the terms shall constitute valid and effective obligations of each Party and may be enforced in accordance with their terms;
- the Parties mutually acknowledge that any promotional content, logos and messages that may be published shall not be unlawful, contrary to mandatory rules, public order or morals, nor in any way violate the laws, including regulations, in force from time to time and/or the rights of third parties.
- The Hotelier represents and warrants to Nozio the following:
- to be the rightful owner of the ownership rights or otherwise of the rights of exploitation of any trademarks or other distinctive signs published through the Platform and in particular in its Card;
- the Hotelier shall hold harmless and indemnify Nozio from actions or claims, judicial or extrajudicial, taken against Nozio as a result of the publication of texts, images or company logos posted through the Platform and belonging to third parties;
- the Hotelier shall indemnify and hold Nozio harmless from any obligation or liability, including legal fees incurred in defending itself in court, arising out of damages caused to third parties.
8. Limitation of Liability
- Nozio strives to make the Platform as efficient as possible: however, technical inaccuracies may inadvertently occur, for which it reserves the right to make changes and corrections to the Site whenever necessary, without prior notice.
- Except in cases of willful misconduct or gross negligence, Nozio shall not be liable to the Hotelier in any capacity as a result of:
- damage or loss caused by the use of the Platform;
- damages that were not caused by Nozio's default;
- loss of business or business opportunity of the Hotelier;
- In addition, Nozio assumes no responsibility for any damages, losses, claims, or expenses arising from:
- interference, interruptions, errors, omissions, telephone failures, delays, blockages, or disconnections in the operation of the electronic system and/or to the servers caused by deficiencies, errors, and overloads on the telecommunications lines and networks or for any other cause beyond the control of Nozio;
- The Parties hereby agree that the overall liability of Nozio to the Hotelier for any and all claims relating to or arising out of the Terms shall not in the aggregate exceed the amount of the last annual fee paid by the Hotelier for use of the Platform.
9. Suspension of Service
- Access to the Site may be suspended, restricted or terminated at any time. Nozio reserves the right to block access to any material and/or remove any material that, in Nozio's reasonable and sole discretion, may result in a violation of the purposes and conditions relating to the services offered by the Site. Nozio therefore reserves the right to terminate the account of any Hotelier who violates the following Terms.
10. Withdrawal from the contract
- The Hotelier is entitled to exercise withdrawal at any time by cancellation of his/her personal account through the Site. In this case, it is agreed that in the event of cancellation of the Membership Plan, the Fee already paid will not be returned by Nozio to the Hotelier.
11. Data processing
12. Assignment of Contract and Assignment of Credit
- Nozio reserves the right to assign this contract or the claims arising from it, in whole or in part, to third parties, giving you prior notice.
13. Intellectual Property and Trademark
- Platform copyrights and any other intellectual and/or industrial property rights pertaining to the Trademark (including but not limited to domain names, other distinctive marks, invention and utility model patents and related applications, registered designs, unregistered designs copyright and related rights, software and database rights, secret information, as well as any other intellectual property and/or exploitation right provided for by any applicable law) ("IP Rights") and any future development or update thereof, are and shall be the exclusive property of Nozio.
- Nozio grants to the Hotelier a non-exclusive, non-transferable license to use the Platform and Trademark limited to the duration of these Terms.
- The Hotelier shall not claim any rights with respect to the ownership and/or the right of economic exploitation of the IP Rights and shall refrain, throughout the duration of these Terms and thereafter, from engaging in any act or omission that may impair the IP Rights in any way.
- The Hotelier agrees to use the Trademark exclusively according to the guidelines provided by Nozio on the use of the Trademark.
- The use of the IP Rights and the Trademark in connection with any activity, product or service that may cause confusion, dilute or blur the IP Rights, the Trademark or the owner thereof is expressly prohibited. By way of example and not limitation, the following is prohibited:
- the modification of IP Rights and Trademark in any way, including, without limitation, shapes, designs, attributes, or color schemes;
- attempting to appropriate a trademark, copyright, or otherwise acquire additional intellectual property rights in any way related to IP Rights;
- the use of IP Rights or any part thereof in a manner or in connection with text, images, video, or other forms of media in such a way as to:
- being racist or discriminatory;
- threatening, advocating or depicting acts of cruelty, hatred, intolerance, violence;
- be offensive or express explicit content that is or could be considered inappropriate, unsuitable or offensive;
- encourage or depict irresponsible or illegal use of alcoholic beverages, nicotine, tobacco, marijuana, drugs or controlled substances, including use by minors;
- clearly refer to brands other than Nozio's;
- include any material that may infringe on the intellectual property rights or privacy rights of third parties;
- be or may be illegal or otherwise in violation of or contrary to any applicable federal, state, or local law, regulation, or ordinance;
- refer to, represent, or in any way reflect negatively on Nozio.
- The present Terms will take effect from the date of their acceptance.
15. Applicable Law and Jurisdiction
- The present Terms are subject to Italian law.
- Any disputes relating to the validity, interpretation, execution, termination or cancellation of this agreement shall be within the exclusive jurisdiction of the Court of Venice.
Terms & Conditions v.1.0.1 - 2022-09-13