TERMS AND CONDITIONS OF USE

Terms of use

These Terms of Use apply to your use of the Branded Sites, Application or Services MooneyGo which are owned or controlled by myCicero S.r.l., with registered office in 60019 Marzocca di Senigallia AN - Italy or its affiliates and subsidiaries. These Terms of Use contain the following terms and conditions in addition to the terms provided by the Privacy Policy (and any modifications).

MooneyGo is the new commercial brand licensed for use by amyCicero S.r.l. and owned byMooney S.p.A.

Surcharges: You are responsible for paying any fees you may incur in using the Site or Application MooneyGo, including any surcharges imposed by the network operator or roaming charges. For more details, contact your network operator. Third party applications, services or sites: MooneyGo site or applications may make it possible for you to link or connect to features of third-party applications, services or sites that are not owned or controlled by myCicero S.r.l. (overall, “Third Party Services”). Such Third Party Services are subject to the terms and conditions of the corresponding third party provider. myCicero S.r.l. has no control over it and is not responsible for matters relating to any interactions or transactions by the user with such third parties or related to content, information posted, applications, services, sites, advertising, links, privacy policies and /or practices of such third parties to which the user has accessed through the MooneyGo site or application MooneyGo. Checking the privacy policies and conditions of service and use of third-party sites visited by the customer before downloading or using such third-party services is the sole responsibility of the user.

Decompilation: You agree not to decompile, disassemble, reverse engineer or in any other way attempt to gain access to the source code of the site or application MooneyGo. Copying, even only in part, of the MooneyGo site or application is prohibited . It is also forbidden to make commercial use of it and to rent, rent, lend, sell, publish, grant in license or sublicense, distribute, assign or transfer in any way parts of the application to third parties. myCicero S.r.l reserves the right to monitor and report user activity related to the MooneyGo site or application to its external statistical service providers.

Protection of your personal data: We want to help our users to implement all the necessary measures to protect their privacy and their data. Accordingly, we encourage users to read the relevant Privacy Policy to understand what type of information we collect from the use of the site or MooneyGo application MooneyGo and the specific measures implemented to protect your personal data. myCicero S.r.l. reserves the right to modify these conditions of use at any time without notice and without any liability to the user. Your continued use of the applications or sites of myCicero S.r.l. by you following any changes to these terms of use constitutes your acceptance of those changes. If the user does not accept and observe these terms of use, he will not be able to use the site or the application MooneyGo owned by myCicero S.r.l. or use any software connected to it. The use of the site or application MooneyGo is at your own risk. All the services of myCicero are provided "as is" and "as available".

myCicero S.r.l. offers no guarantee and declines all responsibility for the availability, punctuality, security, reliability and quality of the myCicero sites and applications, for the software connected to them or for the use of the latter, or for applications or other products, services or information obtained through the myCicero sites or applications. Furthermore, myCicero Srl will not be held responsible in any way for the cancellation or the impossibility of transmitting any contents or other information stored or transmitted by the sites or by the MooneyGo application.

myCicero Srl disclaims any responsibility for the accuracy and reliability of information or recommendations transmitted through the sites or the MooneyGo application.

myCicero S.r.l. reserves the right to limit or discontinue the use by the user or withdraw the MooneyGo site or application in its sole discretion. To the extent permitted by law, myCicero will not be held liable for any loss or damage of any kind. Since some jurisdictions do not allow the exclusion or limitation of consequential or fortuitous damages, the above limits may not be applicable. Only in these cases, the global responsibility of myCicero S.r.l. may exceed the amount actually paid by the customer (where applicable) for the MooneyGo site or application and the software connected to it.

The user accepts that myCicero S.r.l. owns the rights, title and interest relating to the site and the MooneyGo application and the software connected to it. The user undertakes not to alter, destroy, obscure or otherwise remove any trademarks or proprietary rights protected by copyright regarding myCicero sites or applications.

Use of the site: myCicero allows the user to use the site for personal and non-commercial use. The User is also authorized to download, install and use the Mobile Applications on their mobile phone in order to have access to the Services offered in accordance with these Terms and Conditions.

Intellectual Property: Access to the Site and Mobile Applications does not give the User any intellectual property rights in relation to them, but only a right of use in accordance with these Terms and Conditions. The User may in no case reproduce, represent, modify, transmit, publish, adapt in any medium and by any means, or use in any way, all or part of the Site and Mobile Applications without the prior written consent of myCicero. Any use in this sense not approved in advance by myCicero, in any way, of all or part of the Site and the Mobile Applications may be subject to suitable actions, in criminal and civil proceedings for the protection of copyright and not only. The use of any software or automated systems aimed at extracting information from the Site or Mobile Applications (including scraping and direct access to the API) is prohibited without the prior written consent of myCicero.

myCicero prepaid account

Through the myCicero prepaid account the User can proceed with the payment of the Services enabled on MooneyGo. In order to top up and use the prepaid account, the User must have correctly completed the registration procedure. To this end, the User also declares and guarantees that he is acting in his own name and on his own behalf and not as a representative or agent of a third party.
The prepaid account has no costs for the User, just as there are no costs or commissions for recharging the credit of the prepaid account by credit card or with other payment methods accepted by myCicero, except for top-ups made via the network Mooney, which provides for an additional cost relating to commissions as per Mooney price lists in force. The refund of the prepaid account not yet used will take place upon explicit request by the User. The amount to be reimbursed will be reduced by a fixed cost of file management of € 2.50. The refund will be made by bank transfer made within 30 days from the date of the request.

Refund requests

The refund request must be made by the User and will be evaluated in consultation with the Service Operator (e.g. carrier for passenger transport, the manager for the parking/ZTL service).myCicero will reject a refund request (so-called reversal) of the purchased title if: (i) the User has submitted repeated refund requests within a limited period of time; (ii) the User defaults on the obligations deriving from these General Terms and Conditions; (iii) there is a reasonable suspicion that the User is using the Service fraudulently or that the Account is being used fraudulently by a third party. In this case myCicero reserves the right to communicate such conduct to the Competent Authorities.
In the case of a Trenitalia ticket refund request , myCicero will proceed according to the methods, terms and conditions established from time to time by Trenitalia and available on the site www.trenitalia.com, applying, if foreseen, a deduction on the amount paid. All the above requests must be forwarded to myCicero through a formal communication to the e-mail address assistenza@mooneygo.it with an indication of the reason why the execution of the specific operation is requested.

Use of the Service/Payment of Parking through MooneyGo

Through the app MooneyGo, myCicero makes it possible for the User to pay and use the parking in the areas and/or in the Cities that have an agreement with myCicero. In the event that the relevant parking concession/management company and/or the competent municipal authorities request it, the use of the Service is conditional on the placement of a sticker or tag on the windscreen of the vehicle. The User undertakes to respect and abide by the laws and regulations applicable within each Municipality or issued by the parking concessionaire companies.

To activate the parking, the User must enter a valid area code and select the vehicle in relation to which he intends to use the Service. It is the User's responsibility to correctly enter the area code, corresponding to the specific parking area, and the vehicle number plate. If the User allows the Smartphone to suggest a parking area code, the User himself is required to ensure that the suggested code corresponds to the one declared by the sign on the parking meter belonging to the specific area. In any case, it is the User's responsibility to verify the correct activation of the parking service, by checking the active parking confirmation screen, present in the application. myCicero therefore declines all responsibility for input errors as such.
The expected amount of the fee due for parking will already be calculated during the activation phase, also considering any service costs, as determined in the following par.
It is understood that the final consideration will be determined only once the parking is finished, based on the effective duration of the vehicle's parking. The parking period, in the absence of manual closing intervention carried out by the User, is understood to be terminated in compliance with what has been preliminarily indicated by the User himself, at the time of each activation or in the event of an extension of the duration.
In any case, the stop will be terminated automatically by MooneyGo if the prepaid account is equal to zero. It is therefore the User's responsibility to verify, in relation to the individual Municipality and/or parking concessionaire company, the foreseen tariff times, the residual availability of their prepaid account and to verify that the credit card registered in relation to the use of the Service is valid, not blocked and that the related payment is successful. In cases where the charge on the said credit card is not possible, myCicero will have the right to demand payment for the services used directly from the User. If the payment/booking services on MooneyGo are temporarily unavailable, the User is still obliged to make the payment/booking with other tools or methods.
The User also undertakes to indemnify and hold myCicero harmless in relation to any damages it may suffer due to possible disputes arising between, respectively, the User and the parking company, municipal authorities, credit institutes or operator of mobile telephony, including the amount of any legal expenses and fees that myCicero has to bear in any capacity as a result of said disputes. Any disputes that arise between the User and the competent police authorities in relation to parking permits (which imply the imposition of an administrative fine) must be managed directly between the User and the competent authorities and/or parking management, with the exclusion of any involvement of myCicero, whose task will be limited to the sole provision of the information it has available.

Service Costs

Registration on MooneyGo is free. In all the cities adhering to the parking payment service through MooneyGo, the activation and deactivation of the parking are usually carried out at no additional cost with respect to the parking rate requested by the parking company in relation to the specific area and the parking time. parking, except in cases where the parking manager decides to charge the cost of the Service to the User.
The User has additional optional services available which may be charged, such as, for example, start/end stop notification costs via SMS or costs for the simultaneous payment of the stop by credit card without using the prepaid account.
The responsibility for activating these additional services lies with the User, subject to acceptance, prior to activation, of each service or making the related charges
To activate these services, the User can use the MooneyGo application.
For the description of the additional services and the relative price, refer to what is reported on the site www.mooneygo.it.
myCicero reserves the right to change the fees for accessory services at any time. In the event that the User does not intend to accept the application of the new fees, the same may provide for the deactivation of the Account in accordance with these Terms and Conditions.

Use of the reservation and purchase of travel tickets through MooneyGo

Through the use of the MooneyGo application, myCicero makes the payment and use of the public transport service available to the User in the areas and/or for the agreed carriers.
It is the Customer's responsibility to identify the correct travel document to purchase.
myCicero therefore declines any responsibility relating to the purchase of unsuitable travel tickets.
The fee will be charged at the time of purchase of the travel document.
The User undertakes to respect and comply with the laws and regulations applicable within each transport company.
If the User is unable to access one of the payment services provided by MooneyGo, the User is still obliged to make the payment with other tools and acquire a suitable travel document.
This obligation remains with the User, even if their mobile phone is not working, has a flat battery or the disservice is attributable to their telephone operator.
In any case, it is the User's responsibility to verify the correct purchase of the travel document, by viewing the appropriate screen present in the app after the purchase.
The User also undertakes to indemnify and hold myCicero harmless in relation to any damages it may suffer as a result of possible disputes arising between, respectively, the User and the transport company, municipal authorities, credit institutes or operator of mobile telephony, including the amount of any legal expenses and fees that myCicero has to bear in any capacity as a result of said disputes.
Any disputes arising between the User and the competent supervisory authorities in relation to travel documents (which imply the imposition of an administrative fine) must be managed directly between the User and the competent authorities and/or transport, with the exclusion of any involvement of myCicero, whose task will be limited to the sole provision of the information it has available.
It is the User's responsibility to also verify that the credit card registered in relation to the use of the Service is valid, not blocked and that the related payment is successful.
In cases where the charge on the said credit card is not possible, myCicero will have the right to demand payment for the services used directly from the User.

Service Costs

Registration for the service by the User is free. For all carriers adhering to the travel ticket payment service through MooneyGo, the purchase price of the ticket is established by the operator itself; commissions could be added to this, if provided for by the chosen payment method.

Conditions of use of travel tickets

The conditions of use of the travel tickets are established by the companies that provide the service: the User undertakes to respect and comply with the laws and regulations applicable to the purpose within each transport company.

Responsibility for personal password and unauthorized use of the service

The User undertakes not to reveal to anyone the password used to access the app, not to write down the password so that third parties can understand its use and not to keep records of the password so that other people have access to the app. The User must immediately notify the myCicero Assistance Service if he has reason to believe that third parties have had access to his account or have become aware of the password.
The User also undertakes to promptly notify the myCicero Customer Service if they believe that their Account has been used by an unauthorized person or in an unauthorized manner.

Limitations of Liability

Except in cases of wilful misconduct or gross negligence, myCicero is not responsible for any damage or loss if:

Within the limits established by the legal rights of consumers (where applicable), these Terms of Use are subject to the laws of Italy, except for any conflicts of law. Furthermore, the user accepts the jurisdiction of the Italian courts.

Privacy

myCicero Srl with registered office in S.S.Adriatica Sud 228/d archives and protects the data of which it is in possession on the basis of the European Union Regulation n. 2016/679 of 27 April 2016, called GDPR, adopted by the European Parliament and by the Council, and concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data within the European Union.