Terms and conditions
Owner MADE di Matteo De Pirro, in the person of the Legal Representative
Address Strada Provinciale della Giannella, 97/99 – 58015 – Orbetello (GR) (Registered office)
This document contains the general terms and conditions on the basis of which the use of the Website/Web APP is offered to users and further clarifications for and about participating companies and/or natural persons.
It is a platform that was created with the intention of putting club owners in contact with artists and musical bands and vice versa, offering them tools to make this happen quickly and easily. Subscribing to the site offers a showcase service for both the artists and the owners of the venues, in this way both have the opportunity to get in touch with each other. Another service offered is the possibility by subscribing to the site to know and be updated on the musical events of one or more pre-selected locations.
The user is put in direct contact with all the companies or natural persons who adhere to the initiative, by telephone, e-mail and instant chat with WhatsApp.
To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
Owner: MADE di Matteo De Pirro, by Registered office in Strada Provinciale Della Giannella, 97/99, 58015 – Orbetello (GR) – email: firstname.lastname@example.org
Application: WEBSITE/APP www.gigmusicmachine.com
Products and/or services: : the products supplied to the user by the Owner and the goods and/or services supplied through the Application by a third party supplier.
User: any person who accesses and uses the Application.
Third Party Supplier/Participating Companies: the natural or legal person, other than the Owner, who offers the Products through the Application acting in the exercise of his own commercial, artisanal or professional or private business activity.
Content: any text or multimedia element present on the Application, by way of example announcements, advertisements, reviews, images, etc.
2. Relationships between Owner, Third Party Supplier and Users
The Application hosts a platform managed by the Owner which allows Users interested in the Products offered by the Owner and the Third Party Supplier to get in touch.
When the Products are offered by Third Party Suppliers, the Owner is not part of the relationship that will be established exclusively between Users and Third Party Suppliers and does not assume any responsibility deriving from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, any contract stipulated between Third Party Suppliers and Users is not the subject of these Conditions.
3. Scope of the Terms
The use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services. The Conditions can be modified at any time. The applicable Conditions are those in force at the time of use of the Application. Before using the Application, the User is required to read the Conditions carefully and to save or print them for future consultation. The Owner reserves the right to vary at its discretion, at any time even after the User’s registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the ‘Application, communicating to the User, where necessary, the relative instructions.
4. Purchase or supply request through the Application
Through the Application it is possible to view the services and products offered by the participants in the initiative; moreover, the possibility is given to directly contact the members of interest to take advantage of the services and products offered, possibly establishing a contractual relationship with them. The Application only has the function of a showcase and a link between the company or natural person offering and the user concerned, also through the TAP function.
Everything that is offered through the Application is described in detail in the relative showcase pages. There may be some errors, inaccuracies or small differences between what is published on the Application and the real offer. Furthermore, any images are only representative and do not constitute a contractual element. Natural persons can make purchases and/or supply requests only on condition that they are of age. For minors, every purchase and/or request for the supply of Products through the Application must be examined and authorized by the parents or by those exercising parental responsibility. The offer of Products and/or services through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal and/or supply request, subject to confirmation and/or acceptance by the member company as described below. Therefore, the adhering company will have, at its sole discretion, the right to accept or not the User’s order without the latter being able to object or complain about anything for any reason and/or reason. The contract for the sale or supply of the Products/services is understood to be concluded with the acceptance by the adhering company of the User’s contractual proposal. The adhering company will accept the User’s contractual proposal in the manner that it will agree directly with the user.
6. Account cancellation and closure
The registered User can interrupt the use of the Application at any time and deactivate his account or request its cancellation through the Application interface, if possible, or by sending a written communication to the address
In the event of a violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or terminate the User’s account at any time and without notice.
The Application offers Subscription Products for participating companies or natural persons. The characteristics and methods of subscription are detailed in the individual contracts signed. For users, the use of the Application is free on the basic service, it may be subject to payment on additional services (e.g. further geographical area to find out where musical events are located) The characteristics and methods of cost of the services are detailed in the individual contracts signed .
8. COPYRIGHT AND TRADEMARKS
Texts, images and any other multimedia content on the site is owned by the OWNER or licensed to him. All the distinctive signs used on the site belong to the OWNER or to their respective owners or licensees, who have granted the OWNER the right of use, limited to their publication on the site. No part of the site (including texts, images and any other multimedia content) may be reproduced or retransmitted without specific written authorization from the OWNER, except for non-transferable personal use. Use for any unauthorized purpose is expressly prohibited by law.
9. Warranty Disclaimer
The Application is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users and/or participating companies or that will never have interruptions or will be free of errors or that will be free of viruses or bugs. The Owner will work to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons totally unrelated to the Owner’s will or due to force majeure events.
10. Limitation of Responsibility
The Owner cannot be held responsible towards the User and/or the adhering companies, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its suppliers. Furthermore, the Owner will not be liable for damages, losses and costs suffered by the User and/or member companies following the non-execution of the contract for reasons not attributable to him.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, holder’s name, password, etc.)
The Owner will not be responsible for:
any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User and/or member companies that are not a direct consequence of the breach of the contract by the Owner;
incorrect or unsuitable use of the Application by Users or third parties.
11. Major force
The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unpredictable events and, in any case, independent of its will . The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur. The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
12. Linking to Third Party Sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications. Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
14. Acceptance of terms and conditions
By subscribing to the service, the User declares to accept these Terms, governed by the legislation of the Italian Republic.
As regards the contractual relations between the participating companies and the owner, in addition to the clarifications present in this document, please refer to the individual contracts stipulated between the parties. In the event of a dispute, the legislation in force is the Italian one and the competent court is that of Grosseto.