Zest Italy Tours · Legal
The rules that keep bookings, payments and journeys fair for everyone.
Welcome to our website! Please read these terms and conditions carefully before using our services.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, under Article 2359 of Italian Civil Code.
Client means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
Country refers to Italy.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Zest Italy Tours refers to Zest s.r.l., VAT 16972761007, with corporate seat in Rome, Via Paolo Medolaghi 46/48, 00166.
Services refers to the services available through the Website (including access to the Website). Please note that the Services are subject, not only to these Terms and Conditions, but also to the terms and conditions specifically provided for them. In any case of conflict, the latter will prevail.
Terms and Conditions (also referred as “Terms”) mean these terms and conditions that form the entire agreement between the Client and Zest regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Services.
Website refers to Zest Italy Tours, accessible from zestitalytours.com
Acknowledgment
These are the Terms and Conditions governing the use of this Services and the agreement that operates between the Client and Zest Italy Tours. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services. The Website and its relevant content represent sole property of Zest Italy Tours. All information, data, underlying computer programs, domain names, URLs, databases, and materials on this website, including names, logos, prices etc., as well as the color scheme and layout of the website, are protected by copyright, trademark rights, database rights, and/or other intellectual property rights of Zest. Client may use the Website’s content only to the extent strictly necessary for a permitted personal and non-commercial purpose. Any other use and/or reproduction of such content is prohibited without the prior written consent of Zest. Unauthorized use constitutes a violation of these Terms and Conditions and may constitute a violation of Zest’s intellectual property rights. Client’s access to and use of the Website is subject to Client’s acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website and/or the Services. By accessing or using the Website the Client agrees to be bound by these Terms and Conditions. If the Client disagrees with any part of these Terms and Conditions, then the Client may not access the Website. Client’s access to and use of the Website is also subject to Client’s acceptance of and compliance with the Privacy Policy of Zest. Zest’s Privacy Policy describes its policies and procedures on the collection, use and disclosure of Client’s personal information when the Client uses the Application or the Website and tells the Client about Client’s privacy rights and how the law protects the Client. Please read Zest’s Privacy Policy carefully before using the Website. Zest may amend these Terms and Conditions from time to time as it deems appropriate. In such event, Zest will post the updated version of the Terms and Conditions on the Website, replacing the “Last updated” date with the date of the update. The Client is encouraged to review the Terms and Condition on a regular basis. Use of the Website after the date on which such changes were made implies Client’s acceptance of the updated version of the Terms and Conditions. If the Client does not agree to such changes, the Client may not use the Website. These Terms and Conditions, and any subsequent versions of them that may be posted on the Website, shall be effective for as long as the Client uses the Website or the Services. The use of the Website is not intended for persons under eighteen (18) years of age (or otherwise under the law of Client’s country). If the Client is under the required age, the Client is requested not to proceed with registration and not to subscribe to any Service. If Zest becomes aware that the Client is under eighteen (18) years of age or the age required by law in Client’s country to be of legal age (i.e., the Client have willfully misrepresented your age during the registration process), Zest will immediately cancel Client’s registration or subscription, if any, and discontinue providing the Services.
Subscription
The Client is required to provide accurate and truthful information when registering or subscribing to any of the Services. The Client agrees to promptly inform Zest in the event of any changes to the information provided at registration or subscription in order to ensure that the Client is able to receive messages sent by Zest avoiding that such messages are erroneously transmitted to third parties. Without prejudice to any other remedy provided by applicable law and the Terms and Conditions, in the event of a breach by the Client of the provisions contained in the Terms and Conditions, Zest shall have the right to cancel the Client’s registration or subscription, block the Client’s account and/or deny, restrict, suspend or revoke the access to the Website and Services.
Links to Other Websites
The Website may contain links to third-party web sites or services that are not owned or controlled by Zest. Zest has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The Client further acknowledges and agrees that Zest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. Zest strongly advise the Client to read the terms and conditions and privacy policies of any third-party web sites or services that the Client may visit.
Termination
The Client may terminate Client’s registration to the Website or Client’s subscription to a Service freely, at any time, without giving any reason; in order to exercise this right, the Client must send an e-mail to info@zestitalytours.com. Zest undertakes to give confirmation to the Client of the withdrawal from registration or subscription. Zest may terminate or suspend Client’s registration or subscription to a Service at any time, effective immediately and in its sole discretion, in the event of a material breach by the Client of the applicable terms and conditions, without prejudice to any other rights provided by law. Zest will notify the Client of such termination or suspension by notice transmitted by e-mail or by mail. Upon termination, Client’s right to use the Service will cease immediately.
Limitation of Liability
To the maximum extent permitted by applicable law, the Client agrees to indemnify and hold harmless Zest, each of its subsidiaries or affiliated companies, and their respective officers, representatives, partners and employees, from any and all losses, liabilities, claims or demands (including related attorneys’ fees to a reasonable extent) that are made by a third party and due to: Client’s use of the Website and/or Services or otherwise arising therefrom, in violation of the Terms and Conditions; the breach of the foregoing Terms and Conditions. The Client is responsible for evaluating the information and content of which it becomes aware through the Website. Use of the Website involves the assumption of all related risks, and the Client assumes any and all liability for any interruptions in its use, loss of data, and costs associated with the support and maintenance of hardware and/or software used by the Client to access the Website. To the fullest extent permitted by applicable law, Client agrees to hereby release Zest, its licensor, service providers, representatives, officers or directors, from any and all liability for any and all possible damages, including, without limitation, any direct or indirect damages of any kind, loss or expense, whatsoever, arising out of, or in any way resulting to the use of the Website, the Services, the content of the Website or related to it, any linked sites or their use as well as the inability of any person to make use of them, or related to any malfunction, error, omission, interruption, defect, delayed operation or delayed transmission, computer virus or line or system malfunction, even in the event that the person had knowledge of the possible occurrence of such damage, loss or expense. To the maximum extent permitted by applicable law, in no event shall Zest or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if Zest or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
“As Is” and “As Available” Disclaimer
The Website and the Services are provided to Client “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Zest, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website and to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Zest provides no warranty or undertaking, and makes no representation of any kind that the Website and the Services will meet Client’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Zest nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of Zest are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Governing Law and Jurisdiction
The laws of Italy shall govern this Terms and Conditions and the use of the Website and Services by the Client. All disputes arising out of, or relating to, the Terms and Conditions or any non-contractual obligations arising out of or relating thereto shall be exclusively deferred by the courts of Rome (Italy).
Disputes Resolution
If Client has any concern or dispute about the Services or the Website, the Client agrees to first try to resolve the dispute informally by contacting Zest.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms and Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Contact
If you have any questions about these Terms and Conditions, please contact Zest Italy Tours by email at info@zestitalytours.com.
Last updated: 09/12/2024