These Terms and Conditions of Service (“Terms”) govern the relationship between Enzo Corsiero, with registered office at Via Cesare Battisti 168, 20099 Sesto San Giovanni (MI), Italy, e-mail personal@enzocorsiero.com(“Rifuel”, “we”), and the user who accesses or uses the Rifuel mobile app and/or the institutional website (“User”, “you”).
Access to and use of the Service entail the full and unconditional acceptance of these Terms, the Privacy Notice and any other document referred to. In the event of non-acceptance, the User is invited not to use the Service.
1. Definitions
- Service: the Rifuel mobile app, the institutional website and any feature, content and material related to them.
- Account: the personal area to which the User accesses through authentication (e-mail and password, Apple Sign-In or Google Sign-In).
- User Content: any information, data or material uploaded, sent, transmitted or made available by the User through the Service, including fuel station reports.
- Consumer: the User natural person who acts for purposes outside any business, commercial, craft or professional activity that may be carried out, within the meaning of Article 3(a) of Legislative Decree No. 206 of 6 September 2005 (“Italian Consumer Code”).
- Premium Features: features accessible upon subscription to a paid plan, where and when made available.
2. Subject Matter and Acceptance
These Terms govern the provision of the Service as a distance contract within the meaning of Articles 49 et seq. of the Italian Consumer Code. Acceptance is perfected upon the creation of an Account or, failing that, upon the first access to the Service. The User declares to have read and understood the Terms and to accept them in full.
3. Access Requirements
The Service is intended for Users who have reached the age of majority according to the legal system of their country of residence and, in any case, no less than sixteen (16) years of age. Use of the Service by persons who do not meet the aforementioned requirements is prohibited. Rifuel reserves the right to suspend or terminate the Account in the event of breach of this article.
4. Account and Credentials
The creation of an Account is optional for basic functions, while it is mandatory to access certain features (cloud synchronisation, vehicle management, customised notifications, reports, any Premium Features). The User warrants the accuracy and truthfulness of the data provided at registration and undertakes to update them promptly.
The User is solely responsible for the safekeeping and confidentiality of his/her own credentials and for any activity carried out through his/her Account. He/she shall inform Rifuel without delay of any unauthorised use or suspected compromise of the Account, at the address referred to in §25.
The User may delete his/her Account at any time through the functions made available in the app. Deletion entails the termination of the contractual relationship, without prejudice to the effects of the clauses intended to survive and to the obligations accrued previously.
5. Features of the Service
Rifuel makes available a platform for the consultation and comparison of fuel prices in Italy, France, Switzerland, Austria, Slovenia, Spain and Portugal, also on a cross-border basis, together with tools for trip planning, recording of refuelling, consumption tracking and station reporting.
Information on prices comes from institutional sources (public databases of the respective countries) and/or from User reports, with update frequencies varying by country and source. The Service is provided on a best effort basis: Rifuel undertakes no result-based commitment as to continuous availability, full geographical coverage or completeness of information.
6. Disclaimer on Prices and Data
The prices and information on fuel stations shown in the Service are merely indicative and do not constitute an offer to the public, an administered price or a contractual commitment by the station operator. The actual prices at the pump, opening hours, services and dispensing conditions may vary even in real time compared with what is reported. The User is invited to verify the relevant information on site before making purchase decisions.
7. User-Generated Content
Station reports and any other User Content are submitted under the User's sole responsibility. The User warrants that he/she has all the necessary rights over the Content uploaded and that the same:
- are truthful, accurate and not misleading;
- do not infringe the rights of third parties (in particular intellectual property rights, confidentiality, registered trademarks);
- do not have unlawful, defamatory, offensive, discriminatory, obscene content, prejudicial to the dignity of others or such as to constitute a criminal offence.
Upon publication, the User grants Rifuel a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence valid for the term of protection of the rights, to use, reproduce, modify, adapt, publish and display the User Content within the limits necessary for the provision, promotion and improvement of the Service, without prejudice to moral rights of the author. Rifuel reserves the right, without any obligation, to moderate, modify or remove User Content that proves to be contrary to these Terms or to the law.
8. Premium Features and In-App Purchases
Certain features may be offered exclusively to Users who subscribe to a plan or make an in-app purchase (“Premium Features”). Modalities, prices, duration, automatic renewal and cancellation conditions are indicated in the relevant information sheets within the app prior to completion of the purchase.
In-app purchases are managed by the respective operators of the distribution platforms (Apple App Store and Google Play Store) and are subject to the contractual terms and payment, refund and billing policies of such parties. The management of renewals and cancellations is carried out through the account settings on the respective store. Any refund requests must be addressed to the operator of the platform, without prejudice to the mandatory rights of the Consumer User.
9. Right of Withdrawal of the Consumer
Pursuant to Articles 52 et seq. of the Italian Consumer Code, the Consumer User has the right to withdraw from the contract, without having to provide reasons and without costs other than those provided by law, within fourteen (14) days from the conclusion of the contract concerning Premium Features.
Where the User has expressly requested and accepted the immediate provision of digital content before the expiry of the withdrawal period and has acknowledged the consequent loss of the right of withdrawal, that right may not be exercised pursuant to Article 59(1)(o) of the Italian Consumer Code. For any purchase made through the Apple or Google stores, their refund conditions shall also apply.
10. Intellectual Property
The app, the website, the software, the design, the trademarks, the logos, the texts, the images, the databases, the editorial structure and any other element of the Service are the property of Enzo Corsiero or of the respective owners and are protected by national and international legislation on copyright, trademarks and industrial property. Institutional data, where in the public domain, are used in compliance with the relevant reuse licences. The trademarks of fuel distribution companies and the logos of the operators mentioned belong to their respective owners and are used for purely descriptive purposes.
11. Licence to Use
Rifuel grants the User a personal, non-exclusive, non-transferable, non-sub-licensable, royalty-free (except for Premium Features) and revocable licence to access and use the Service for personal and non-commercial purposes, in compliance with these Terms.
12. Obligations and Prohibitions
The User undertakes not to:
- use the Service for unlawful, fraudulent purposes or in a manner detrimental to the rights of third parties;
- access or attempt to access systems, data, accounts of others or restricted areas without authorisation;
- circumvent or attempt to circumvent security measures, technical limits, session identifiers, captchas or other safeguards;
- carry out reverse engineering, decompilation, disassembly or attempt to derive the source code, except within the limits permitted by law;
- use automated tools (bots, scrapers, crawlers) to extract, copy, reuse in a systematic manner contents of the Service;
- interfere with the regular functioning of the Service, including through DoS attacks, introduction of malware or overloading;
- submit false or misleading information, including in connection with reporting of stations or prices.
13. Suspension and Termination
Rifuel may, on a precautionary and reasoned basis, suspend or limit access to the Service in the event of suspected breaches of the Terms, security risks, obligations imposed by authorities or technical maintenance. In the event of serious or repeated breaches, Rifuel may terminate the contract by operation of law pursuant to Article 1456 of the Italian Civil Code, upon notice to the User, without prejudice to the right to compensation for damages. Termination of the Account does not affect the clauses intended to survive termination, including those relating to intellectual property, liability, indemnity and jurisdiction.
14. Warranties and Limitation of Liability
Without prejudice to the mandatory rights of the Consumer User and save for cases of wilful misconduct or gross negligence not excludable by law, the Service is provided “as is” and “as available”. Rifuel does not provide any warranty, express or implied, as to:
- accuracy, completeness, timeliness or adequacy of fuel prices and information on the stations;
- continuity, uninterrupted or error-free operation of the Service;
- suitability of the Service for specific purposes of the User;
- interoperability with any device, operating system, browser or hardware configuration.
To the extent permitted by law, Rifuel shall not be liable for indirect, consequential damages, loss of profit, of opportunity, of data, of reputation, nor for damages arising from decisions taken by the User on the basis of the information provided by the Service. The overall liability of Rifuel towards each User, on any basis connected to the Service, is in any case limited to the amount possibly paid by the User for the Premium Features in the twelve (12) months preceding the event giving rise to the liability, without prejudice to the mandatory rights of Consumers and cases of wilful misconduct or gross negligence.
15. Indemnity
The User undertakes to indemnify and hold harmless Rifuel, its collaborators and suppliers from any claim, action, dispute or request from third parties, including reasonable legal costs and expenses, arising from: (i) breach of these Terms; (ii) breach of legal provisions or of rights of third parties; (iii) User Content. This provision does not apply to the Consumer User to the extent that this is incompatible with the provisions of the Italian Consumer Code.
16. Force Majeure
Rifuel shall not be liable for failures or delays due to causes of force majeure or fortuitous events, including by way of example: interruptions of communication networks, failures of third-party infrastructures, acts of authority, strikes, epidemics, exceptional natural events.
17. App Store, Google Play and Third-Party EULAs
Where the app is downloaded from the Apple App Store or Google Play, the User acknowledges that the use is also subject to the terms of such platforms. In particular, Apple Inc. and Google LLC are not parties to this contract and are not liable for the contents, services or support relating to the app, except within the limits provided by their respective agreements with end users. Apple and Google are third-party beneficiaries of this contract within the limits necessary to enforce the clauses in their favour.
18. Privacy
The processing of personal data is governed by the Privacy Notice, which forms an integral part of these Terms.
19. Changes to the Terms
Rifuel reserves the right to amend the Terms in case of evolution of the Service, supervening technical, organisational, commercial or regulatory needs. The amendments shall enter into force at least thirty (30) days after their publication, save for different requirements imposed by law or by provisions of the authority. Use of the Service after the entry into force of the amendments constitutes acceptance thereof. Should the User not intend to accept the amendments, he/she may cease to use the Service and delete his/her Account.
20. Assignment of the Contract
The User may not assign to third parties the rights and obligations arising from these Terms without the prior written consent of Rifuel. Rifuel may assign this contract, in whole or in part, to parties succeeding to the activity, giving notice to the User; in such case, the Consumer User has the right to withdraw without charges where the assignment entails a reduction of his/her safeguards.
21. Communications
Communications to Rifuel shall be sent to personal@enzocorsiero.com. Communications to the User shall be made, indifferently, to the e-mail address of registration, by push notification, or by notice published within the Service.
22. Dispute Resolution and ODR
The parties undertake to attempt, where possible, the amicable settlement of any dispute. Pursuant to Article 14 of Regulation (EU) 524/2013, the Consumer User resident in the European Union may access the online dispute resolution platform (ODR) managed by the European Commission, available at https://ec.europa.eu/consumers/odr. The right of the Consumer User to bring proceedings before the ordinary judicial authority remains unaffected.
23. Governing Law and Jurisdiction
These Terms are governed by Italian law, without prejudice to the application of mandatory provisions for the protection of the Consumer provided by the law of the European Union Member State in which he/she has his/her habitual residence, pursuant to Article 6 of Regulation (EC) 593/2008 (“Rome I”).
For disputes with the Consumer User, the court of the place of residence or of elected domicile of the Consumer himself/herself shall have exclusive jurisdiction, pursuant to Article 66-bis of the Italian Consumer Code. For disputes with Users other than Consumers, the courts of Milan (Italy) shall have exclusive jurisdiction, save for cases of mandatory jurisdiction.
24. Final Provisions
Any invalidity, unlawfulness or ineffectiveness of a single clause of these Terms shall not entail the invalidity of the remaining ones, which shall continue to produce effects between the parties to the maximum extent permitted by law. The tolerance of one party to conduct of the other party not in conformity with the Terms shall not constitute a waiver of the rights arising from the clauses not observed, nor of the right to demand the exact observance thereof.
25. Contact
For any matter relating to these Terms: personal@enzocorsiero.com.