These Terms govern
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
Nothing in these Terms gives rise to an employment, agency or association relationship between the interested parties.
The person responsible for Mokapen is:
Mokapen Srls - Innovative Startup
Via Francesco Arese 12, 20159, Milan (Italy)
Tax Code / VAT No. 12021740969 - R.E.A. 2635193
Owner contact email: firstname.lastname@example.org
“Mokapen” refers to
The following documents are incorporated into the Terms for Reference:
Unless otherwise specified, the conditions of use of Mokapen set out in this section have general validity.
Additional conditions of use or access applicable in particular situations are expressly indicated in this document.
By using Mokapen, the User declares to meet the following requirements:
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
It is not possible to use the Service without opening a User account.
It is the responsibility of the Users to keep their login credentials securely and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level security available on Mokapen.
By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials. Users are required to inform the Owner immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, illegally disseminated or stolen.
The registration of a User account on Mokapen is subject to the conditions specified below. By registering an account, the User confirms that he meets these conditions.
The User is free to close their account and stop using the Service at any time, by following this procedure:
The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice in the following cases:
the User has violated these Terms; and / or
access to Mokapen by the User may cause prejudice to the Owner, to other Users or to third parties; and / or
the use of Mokapen by the User may result in violation of laws or regulations; and / or
in the event of investigations by the judiciary or government procedures; and / or
if the User account or the use made of it are considered, at the sole discretion of the Owner, inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.
Unless otherwise specified or clearly recognizable, all content available on Mokapen is owned or provided by the Owner or its licensors.
The Owner takes the utmost care so that the content available on Mokapen does not violate the applicable legislation or the rights of third parties. However, this is not always possible.
In such cases, without any prejudice to the rights and legally exercisable claims, Users are requested to address the related complaints to the addresses specified in this document.
The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusions, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer / alienate to third parties or create derivative works from the content available on Mokapen, to allow third parties to undertake such activities through their User account or device, even without your knowledge.
Where expressly indicated on Mokapen, the User is authorized to download, copy and / or share certain content available on Mokapen exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain valid.
The Owner allows Users to upload, share or offer their content on Mokapen.
When providing content to Mokapen, the User declares that he is legally authorized to do so and confirms that said contents do not violate the law and / or the rights of third parties.
The additional requirements that the content must meet to be considered "acceptable" are specified in the section on permitted use.
The User acknowledges and accepts that by providing its own content to Mokapen, it grants the Owner, free of charge, the non-exclusive right to process the content for the purposes of Mokapen operation and maintenance, as contractually envisaged.
Within the limits of the law, the User renounces the exercise of moral rights in relation to the content provided to Mokapen.
Users acknowledge and accept that the contents offered by them through Mokapen will be made available under the same conditions applicable to the contents of Mokapen.
The User is solely responsible for the content uploaded, published, shared or otherwise provided to Mokapen. The User acknowledges and accepts that the Owner does not filter or moderate such content .
Nevertheless, the Owner reserves the right to remove, delete, block or rectify said content at its discretion and to deny without prior notice the User who uploaded them access to Mokapen:
The removal, cancellation, blocking or rectification of the contents does not justify any claim for compensation, reimbursement or compensation for the Users who provided such contents.
Users agree to hold the Owner harmless from and against any claim and / or damage suffered due to content provided by them to or offered through Mokapen.
The contents provided to Mokapen by Users are made available under the conditions described in this section.
The contents intended to be made public will be automatically published on Mokapen after uploading or, at the Owner's discretion, at a later time.
Any personal data, identification or other information that the User uploads together with the content (such as, for example, the user-ID, an avatar or nickname etc.) will appear in connection with the content published.
The confidential content provided by the User remains private and will not be shared with third parties or with the Owner without the express consent of the User.
The contents intended to be made available to a specific audience can only be shared with third parties defined by the User.
Any personal data, identification or other information that the User uploads together with the content (such as, for example, the user-ID, an avatar or nickname etc.) will appear in connection with the content.
Users can (and are encouraged to) consult Mokapen to find out who can access the content they provide.
Through Mokapen, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for them content and their availability.
The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
In particular, on Mokapen Users may come across advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed through Mokapen. By clicking on one any of these advertisements, the User will interact with the third party responsible for advertising.
The Owner is not liable for what may arise from such interaction with third parties, from access to third party sites or from the use of third party content.
Mokapen and the Service may be used only for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is the User's sole responsibility to ensure that the use of Mokapen and / or the Service does not violate the law, regulations or the rights of third parties.
Therefore, the Owner reserves the right to take all appropriate measures to protect their legitimate interests, and in particular to deny the User access to Mokapen or the Service, terminate contracts, report any reprehensible activity carried out through Mokapen or the Service to the competent authorities - p. ex. the judicial or administrative authority - whenever the User puts in place or there is a suspicion that puts in place:
Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or relating to Mokapen is held by the Owner and / or its licensor.
Provided that the User complies with these Terms and despite any diverging provision contained therein, the Owner grants Users a revocable, non-exclusive, non-transferable license or permissible to use the software and / or technology integrated in the Service within the framework and for the purposes of Mokapen and the Service offered.
The license does not include any right of access to, use or disclosure of the original source code to the User. The techniques, algorithms and procedures contained in the software and related documentation are the exclusive property of the Owner or its licensor.
The granting of rights and licenses to the User ceases with immediate effect in the event of termination or expiration of the Agreement.
Users can access their data relating to Mokapen through the Application Program Interface (API). Any use of the API, including through third party products or services that access Mokapen, is subject to the Terms and in addition to the following specific conditions:
Some of the Products offered on Mokapen as part of the service are subject to a fee.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of Mokapen.
To purchase the Products, the User is required to register or log in to Mokapen.
Prices, descriptions and availability of the Products are specified in the respective sections of Mokapen and are subject to change without notice.
Although the Products on Mokapen are presented with the greatest accuracy technically possible, the representation on Mokapen by any means (including, as applicable, graphic materials, images, colors, sounds) is intended as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Each step, from choosing the product to placing the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
Sending the order involves the following:
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be theirs charged.
The prices on Mokapen:
The details of the accepted means of payment are highlighted during the purchase procedure.
Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of Mokapen.
All payments are managed independently by third party services. Therefore, Mokapen does not collect payment-related data - such as credit card numbers - but receives a notification once the payment was successful.
In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from failed or refused payment are charged to the User.
In the event that the User authorizes the PayPal function that allows future purchases, Mokapen will store an identification code linked to the User's PayPal account. In this way Mokapen will be able to elaborate automatically payments for future purchases or for the payment of periodic installments of a previous purchase.
The authorization can be revoked at any time by contacting the Owner or by changing PayPal's personal settings.
Until the payment of the full purchase price is received by the Owner, the User does not purchase the rights to use the Products ordered.
The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of Mokapen within 30 days of the conclusion of the contract.
The service purchased will be performed or made available within the times indicated on Mokapen or in the manner communicated before placing the order.
Users acknowledge and accept that the purchase of the services offered on Mokapen may be subject to the existence of additional conditions in the person of the User pursuant to the law, of these
Terms or any other relevant document.
Users may be required to provide evidence or substitutive declarations as to the existence of such conditions - for example, to be considered adults under applicable law.
The possible non-existence of the legal or contractual conditions could prevent the provision or execution of the services.
Thanks to the subscription, the User receives a Product continuously or periodically for a specific period of time.
Paid subscriptions start on the day the Cardholder receives the payment.
To keep the subscription active, the User is required to pay the periodic fee requested promptly. Otherwise, the service may be interrupted.
Fixed-term paid subscriptions start from the day the Holder receives the payment and remain active for the subscription duration chosen by the User or otherwise indicated during the purchase procedure.
Once the subscription period has expired, the Product will no longer be accessible, unless the User renews the subscription by paying the relative price.
Fixed-term subscriptions cannot be canceled early and will end at the end of the subscription period.
Permanent subscriptions can be terminated at any time by sending a clear and unambiguous notice of cancellation to the Owner, using the contact details shown in this
The termination will take effect 30 days after receipt of the notice of termination by the Owner.
Users holding an active subscription can purchase individual components or additional functions, as described in the relevant section of Mokapen.
Unless there is an exception, the User may have the right to withdraw from the contract within the term specified below (usually 14 days) for any reason and without justification. The user you can find further information on the right of withdrawal in this section.
If one of the exceptions listed below does not occur, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.
To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal deadline expires.
When does the withdrawal deadline expire?
The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will be borne by the User.
The reimbursement takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. The User must not incur any costs as a consequence of the withdrawal.
If the User exercises the right of withdrawal after requesting that the provision of the service begin before the expiration of the withdrawal period, the User will be required to pay the Owner a proportionate fee to the part of the service provided up to the moment in which the User has informed the Owner of his intention to withdraw from the entire service provided for in the contract.
The fee will be calculated on the basis of the contractually agreed price and will be proportional to the part of the service provided until the moment in which the User exercises the withdrawal from the entire service stipulated in the contract.
The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or claim - including, without any limitation, charges and legal fees - advanced by third parties due to or in connection with culpable conduct such as the use or connection to the service, the violation of these Terms, the violation of third party rights or laws by the User, its affiliates, officers, agents, co-owners of the brand, partners and employees, to the extent of the law.
Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Owner (or any natural or legal person acting on its behalf).
The foregoing does not limit the Controller's liability for death, damage to the person or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and / or damage caused with willful misconduct or gross negligence, provided that the use of Mokapen by the User was suitable and correct.
Unless the damages have been caused with intent or gross negligence or affect life and / or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and predictable at the time of conclusion.
In particular, within the limits indicated above, the Data Controller assumes no responsibility for:
Notwithstanding the foregoing, the following restrictions apply to all Users who do not act as Consumers:
In the event of the responsibility of the owner, the compensation due cannot exceed the total amount of payments that have been, will be or could be contractually due to the owner by the user for a period of 12 months or for the entire duration of the Agreement, whichever is shorter.
No provision of these Terms excludes, limits or changes any guarantee, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and which constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). Within the maximum limits permitted by law, the our liability to the User, including liability for the violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to a new provision of the services or to the payment of the cost for the repetition of their provision.
The Owner provides Mokapen "as is" and according to availability. The use of the Service is at the User's own risk. Within the maximum limits permitted by law, the Data Controller expressly excludes the conditions, agreements and guarantees of any kind - whether express, implied, statutory or otherwise, including, by way of example but not limited to, any implicit guarantees of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable. or correct; that the Service will be available, in an uninterrupted and secure manner, at any particular time or place; that any defects or errors will be corrected; or that the Service is virus-free or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from this operation or from the use of the Service by the User.
The Owner does not guarantee, approve, assure or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or related service. via hyperlink. Furthermore, the Owner does not take part or in any way monitor any transaction between Users and third party suppliers of products or services.
The Service may become inaccessible or may not work properly with the User's browser, device and / or operating system. The Owner cannot be held responsible for any damage, be it perceived or actual, resulting from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply within the limits established by law.
Within the maximum limits permitted by applicable law, in no case may the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, unlawful act, negligence, strict liability or any other basis, even if the Owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights and the User may enjoy other rights which vary from jurisdiction to jurisdiction. The exceptions, exclusions or limitations of liability provided for by these Terms do not apply beyond the limits provided for by applicable law.
The User undertakes to defend, indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, liability, charge or debt and expense, including, without limitation, legal fees and expenses arising from
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to either specific right or any other right.
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Data Personal and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts etc.).
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit Mokapen or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to Mokapen they are held exclusively by the Owner or by its licensors and are protected in accordance with the legislation and international treaties applicable to intellectual property.
All trademarks - word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with Mokapen are and remain exclusive property of the Owner or its licensors and are protected under the international legislation and treaties applicable to intellectual property.
The Owner reserves the right to change the Terms at any time. In this case, the Owner will inform the Users of the changes.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the Updated terms may entail the right of each party to withdraw from the Agreement.
The applicable previous version continues to govern the relationship until acceptance by the User. This version can be requested from the Owner.
Any changes to these Terms will be communicated in writing at least one month before becoming effective. If the Consumer does not accept the modified Terms, he will have the right to withdraw from the Agreement without suffering any prejudice and without any right to compensation within four months from the date on which the changes to the Terms became effective.
If required by applicable law, the Data Controller will specify the date by which the changes to the Terms will come into force.
The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of the Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of Mokapen must be sent to the addresses indicated in this document.
If any of the provisions of these Terms should be or become void or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the ineffectiveness of the remaining provisions, which therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated subject and prevail over any other communication, including any previous agreements, between the parties in this regard to the regulated object.
These Terms will be implemented to the fullest extent permitted by law.
If a provision of these Terms should be or become null, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision replacing
that null, invalid or ineffective.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail nullity of the entire Agreement, unless the provisions are void, invalid or ineffective under the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the provisions residuals would entail an excessive and unacceptable burden for one of the parties.
The Terms are drafted and revised in Italian. The other language versions of the Terms are for information purposes only. In case of discrepancy between the different language versions, the original prevails.
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this prevails higher level of protection.
The exclusive competence to know any dispute deriving from or in connection with the Terms rests with the judge of the place where the Data Controller is established, as indicated in the relevant section of this document.
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Consumers based in England and Wales may bring legal action in relation to these Terms in the English and Welsh courts. Consumers based in Scotland can take legal action in connection with these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring legal action in relation to these Terms in the courts of Ireland of the North or England.
Each party expressly waives any right to a trial before a jury, in any court, in connection with any action or dispute.
Any claim under these Terms must be made individually and no party must participate in a class action or other proceeding with or on behalf of others.
This Agreement remains valid until terminated by Mokapen or the User. Following termination, the provisions contained in these Terms remain in effect and are intended by their nature to remain effective even after the termination or expiration of the Agreement, including, by way of example but not limited to the following:
The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from sales and contracts online service.
Therefore, every European Consumer can use this platform to resolve any dispute deriving from contracts concluded online. The platform is available here .
The Owner does not participate in alternative dispute resolution procedures with Consumers pursuant to the German Verbraucherstreitbeilegungsgesetz.
Within one year of sending the Owner a written complaint relating to a dispute arising from these Terms, the Consumer has the right to initiate a mediation procedure before:
The structure that allows the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not correspond to the definition of Consumer.
Defines a User physically present or with registered office in the European Union, regardless of nationality.
Mokapen Srls - Innovative Startup Via Francesco Arese 12, 20159, Milan (Italy) C.F./P.IVA 12021740969 - R.E.A. 2635193
I / we hereby notify the withdrawal from my / our contract of sale of the following goods / services:
_____________________________________________ (insert here a description of the goods / services from which you intend to withdraw)
(sign only if this form is notified on paper)
Indicates the natural or legal person who provides Mokapen and / or offers the Service to Users.
A good or service that can be purchased through Mokapen, such as tangible goods, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
The service offered through Mokapen as described in the Terms and on Mokapen.
All the conditions applicable to the use of Mokapen and / or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in respectively more up-to-date version.
Indicates any natural person who uses Mokapen.
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their business, commercial, craft or professional.
Last modified: October 13, 2021
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