Terms&Conditions

1. DEFINITIONS

 

1.1. In this document, the following terms and expressions shall have the associated meanings as specified below:

"Accommodation” means an apartment/room uploaded on the Website that can be viewed and proposed to Users;
“Angel” means the personnel selected by Dotstay to offer part of the Services;
“Content” means individually and/or collectively any data, text, files, information and any other material collected and/or transmitted and/or used and/or stored through the Services and the Website;
“Dotstay” o “Company” means Dotstay S.p.A., with registered office in Via Dell'Annunciata, 23/4, Milan;

“Privacy Policy” means the privacy policy adopted by Dotstay available at the following link: https://www.dotstay.com/institutional/3607/privacy/;
“Registered trademark” means the Dotstay name or other names, logos or trademarks owned by Dotstay;
“Owner” means a User who registers on the Web Site and makes his/her Accommodation(s) available to Dotstay for rent to other Users;
“Services” means the set of services provided by Dotstay to the User through the Web Site, such as, for example, the possibility of booking a call with Dotstay, creating one's own profile, booking the property search service, making the payment for the service offered, requesting the property search service for the employees of one's own company, renting a flat;
“Web Site” means the Dotstay-owned site available to Users;
“Terms and Conditions” means these Terms and Conditions of Use. Dotstay may review the Terms and Conditions from time to time. You should check the Terms and Conditions periodically for changes.


2. CONTENT, PURPOSE AND ACCEPTANCE BY THE USER.


2.1. These Terms and Conditions set out the manner in which Dostay provides the Services to the User as further described in the following paragraphs.
2.2. By using the Services, the User agrees to the provisions of these Terms and Conditions and declares that he/she has read the Privacy Policy, which can be consulted at the following link https://www.dotstay.com/institutional/3607/privacy/ and which is deemed to be referred to in full herein.
2.3.
If you do not agree to the Terms and Conditions and do not read the Privacy Policy, you will not be entitled to use the Services.


3. SERVICES


3.1. Services include all those services provided by Dotstay to the User through the Web Site.
3.2. In particular, Dotstay via the Web Site offers Users the possibility to book a call with Dotstay, create their own profile, book the Property Search Service, make the payment for the requested Service, request the Property Search Service for employees of a company, rent a flat.
3.3.
In order to use the Dotstay Services, the User must enter certain personal data. More specifically:
-in order to allow you to create a profile, the Company needs to collect your first name, last name, email address, telephone number, occupation, and how you came to know about Dotstay;
-in order to make payment for the requested Service, Dotstay needs to collect profile and payment data;
-in order for you to request the Property Search Service for employees of a company, the Data Controller needs to process the name and surname, and email of the contact person;
-in order to allow you to rent a flat, the data controller needs to process your name, surname, email and telephone number.
3.4. All such information shall be stored in Dotstay's database, except for payment data.
3.5. Dotstay Services will be accessible through the Dotstay Website.


4. ACCESS TO SERVICES.


4.1. Provided that the User adheres to the provisions of these Terms and Conditions, Dotstay guarantees the use of the Services provided that: 
1. the use of these, as well as that of the Website, where permitted, is solely for the personal use of the User, who is not authorised to use the Services offered in any manner inconsistent with these Terms and Conditions;
2. the User does not in any way duplicate, transfer, authorise, assign, give access to, copy or distribute any part of the Website Services without the prior written permission of Dotstay;
3. the User does not attempt to modify, adapt or alter any part of the Services and/or the Web site, or to change, modify or alter any other website or application in order to mislead users and to imply that the latter site is associated with the Services and the Web site;
4. the User shall at all times comply with these Terms and Conditions and the Privacy Policy.
4.2. The User understands that all information provided or to be provided by the User to Dotstay shall be true, accurate, current and complete. The User agrees under her/his own responsibility to update the information in order to maintain its truthfulness and accuracy.
4.3. The User must not interfere with or disrupt the operation of Dotstay Services or the servers or networks connected to them, including through the transmission of worms, viruses, spyware, malware or any other code that is destructive or disruptive in nature. The User must not introduce content or code or otherwise interfere with the manner in which Dotstay's pages are rendered or displayed on the browser or device of other Users. The User must not request the Services through unauthorised means or methods, including but not limited to the use of automated devices, scripts, bots, spiders, crawlers or scrapers.
4.4. Dotstay prohibits crawling, scraping and caching or any other access to Content through automated means.
4.5. Although it is Dotstay's intention to make the Services available for as long as possible, there may be occasions when the provision of the Services may be interrupted, including, without limitation, in the case of maintenance or upgrades, for emergency repairs, or due to failure of telecommunications connections or equipment. Dotstay shall not be liable in any way for any modification, suspension or discontinuance of the Services or for the loss of any Content. The User further acknowledges that the Internet may be subject to security breaches and that the posting of Content or other information may not be secure.
4.6. Dotstay reserves the right to refuse access to the Services to anyone for any reason at any time.


5. CREATION OF THE USER PROFILE


5.1. To access the Services, a restricted area on the Web site is made available to Users, which can be accessed by registering, creating a personal account, whose access credentials consist of an ID (email) and a password. 
5.2. Each User at the time of the creation of his or her profile is aware and accepts that its activation and publication will be subject to the verification process carried out by Dotstay, which, in its sole discretion, may also decide to refuse the activation of the user.
5.3. The User is responsible for the correctness and truthfulness of the information provided.
5.4.
The User is also responsible for the safekeeping of his/her access credentials and web activities traceable to his/her identity.
5.5.
The User warrants Dotstay direct, personal and exclusive use of the created account and to keep his/her access credentials confidential and personal.
5.6. The User may also register by logging into his/her own third party social network account (including, without limitation, Facebook or Gmail). Specifically, the User may link his/her Dotstay account to the third party accounts by: (i) providing his/her third party account with Dotstay's login details via the Web site and the Services, or (ii) allowing Dotstay to access the third party account. Whichever method is chosen, the User warrants that use of the third party account is in accordance with the terms and conditions of the applicable third party account.
5.7. Notwithstanding the foregoing, Dotstay shall in no way be liable for any misuse by the User of third party accounts.
5.8. All content in third party accounts shall be considered User Content for the purposes of these Terms and Conditions and for the provision of the chosen Service.
5.9. The User may cancel his/her account at any time by submitting a request to Dotstay, which has 30 (thirty) days then to proceed.
5.10. The User acknowledges that deletion of the account will result in the loss of all personal data, content and information published, entered and stored therein.


6. SERVICES FOR USERS SEEKING ACCOMMODATION

 

Services offered

 

6.1. Among the Services for Users seeking Accommodation, Dotstay offers:

1. the search for medium- to long-term accommodation;
2. possible assistance in concluding and signing the lease;
3. support for 7 (seven) days after check-in in mid- to long-term accommodation.

6.2. In addition, each User has the possibility to select optional Services, such as:
1. delivery of a SIM card;
2. transfer from/to the airport/station to the city (or vice versa);
3. assistance in the preparation of all necessary documentation.
6.3. The user can select:
1. The Angel tour in 1 (one) day, bookable within (7) seven days from the start, which includes: welcome kit; up to 5 appartment visits chosen for you from private individuals and agencies; assistance and private pick up from the Angel; receipt on your mobile phone after each appointment of the file of the house viewed; choice of appartment;
2. The Angel tour in 3 (three) days, bookable within 3 (three) days from the start, which includes: up to 5 flat visits chosen for you from private individuals and agencies; assistance from the Angel (he/she will notify appointments two hours in advance of the start time of the Service and help you reach the appointment location by public transport); the possibility of choosing the accommodation viewed within 3 (three) hours of the visit;
3. The Angel tour over 7 (seven) days, bookable within 1 (one) day from the start, which includes: up to 5 visits to pre-selected appartments; assistance from the Angel (he/she will notify appointments with two hours' notice within the communicated time slots and help you reach the appointment location by public transport); the possibility of choosing the accommodation viewed within 3 (three) hours of the visit.

 

Medium- to long-term accommodation search phase

 

6.4. The primary objective of the Service offered by Dotstay is to help the User in his/her search for his/her ideal home among private individuals and agencies, by entrusting him/her with a personal assistant (Angel) who will accompany him/her in a few days to visit the best housing solutions, in line with the selected search criteria. 
6.5. Each User may send enquiries and book an appointment with an Angel selected by him/her.
6.6. The User acknowledges and accepts that the Service shall commence on the date selected by him/her and, in any event, never before the business day following the booking.
6.7. Depending on the Service chosen by the User, the requested Angel shall undertake to provide assistance for a period of 1 (one) - 3 (three) - 7 (seven) days during which he/she will look for medium-long term Accommodation. The Angel shall send accommodation solutions that comply as closely as possible with the parameters set by the User and, in particular, those that have a matching rate with the selected criteria of between 80% and 100%.
6.8.
From the time of selection of the Angel and appointments to visit the Accommodation, the User undertakes to be in possession of the documents required for the possible signing of the lease, including:
- if EU citizen: (EU) identity document and tax code;
- if non-EU citizen: a valid passport, VISA, receipt of residence permit application;
- if student who is a European or non-EU citizen: in addition to the above-mentioned documents, it will also be necessary to be in possession of the income tax return and the last 3 (three) pay slips of the person exercising parental responsibility or of the guardian.
6.9. If, during the Service, the User is unable to take part in the scheduled appointment, it is the User's responsibility to update the calendar of his or her hourly availabilities in the appropriate section of the profile at least 24 (twenty-four) hours in advance.
6.10. The User declares to accept the "take or jump" formula proposed by Dotstay in order to make the visit and selection process of the Accommodation more efficient and faster. In particular, this mode allows the User to confirm the Accommodation viewed or to jump directly to the next option during the visit. Therefore, the User acknowledges and accepts that neither the Angel nor Dotstay can be held liable if, due to a delay on the part of the User in making the decision, the selected Accommodation option is no longer available.
6.11.
The User acknowledges and accepts that where the User decides to sign a rental agreement, the Landlord has the right to request a symbolic portion, as an advance, of the security deposit to confirm the choice and prevent the Accommodation from being selected by other Users.
6.12. In the event that, within 2 (two) hours of the visit of the Accommodation the User's response is positive, but the latter is no longer available for reasons independent of the User and/or Dotstay, but depends solely on the will of the Owner, Dotstay will not consider valid the accommodation option shown. Therefore, it will not be considered as a solution actually proposed.
6.13.
Once the search is successfully concluded, the Angel shall ask the User to confirm through the Web site the acceptance of the selected Accommodation. From that moment, the search phase shall be considered completed.

Phase of entry into the chosen accommodation

 

6.14. The User acknowledges and accepts that, although the selected Accommodation is immediately available, he/she shall not be allowed to enter before having fulfilled all the obligations provided for by the Italian rental regulations (payment of the deposit and the current month's rent, stipulation of the contract, possible stipulation of contracts for electricity, water, gas). 
6.15. With regard to the activation of the Internet line, for which the User will be assisted and guided by the Angel, will require technical time that depends exclusively on the operator/provider/provider company chosen by the User. Therefore, Dotstay shall not be liable in any way for any delays of such third parties.


Service price


6.16. The amount of the payment for the Service varies according to the type of Accommodation selected when filling out the online form and, in particular:
1. Angel Tour of 1 (one) day: 888 Euro;
2. Angel Tour by 3 (three) days: 688 Euro;
3. Angel Tour by 7 (seven) days: 488 Euro.
6.17. All amounts are inclusive of value added tax (VAT) at the prevailing rate.

Payment method and Cancellation policy


6.18. At the time of booking, Dotstay will collect from the credit card entered for payment, from the PayPal account, from the Google Pay account or from the Apple Pay account indicated, an amount of 89 Euros (booking fee). This cost is in no case refundable, as it does not depend on the outcome of the Service.
6.19. The rest of the amount (success fee) equal to 799, 599 or 399 Euros depending on whether a 1 day, 3 day, 7 day Angel Tour has been selected respectively, will be authorized on the credit card entered, from the PayPal account, from the Google Pay or from the indicated Apple Pay account at least 48 hours before the start of the Angel Tour.
6.20. If the Angel Tour is successful or if the User abandons or cancels the Tour when the Service has already commenced, Dotstay will only proceed to collect the amount referred to in paragraph 6.19 at the end of the agreed period of performance of the Service and, in any event, no later than 3 (three) months after its termination.
6.21. The reservation fee is independent of the success of the Service and its performance.
6.22. Furthermore, the booking fee shall not be refunded if, for reasons attributable to the User, the Service could not commence.
6.23. If it is not possible to withdraw the amount on the payment method indicated, the User will be notified by Dotstay by email. After 5 days from the official start date of the Service without the amount having been authorised, Dotstay may at its discretion cancel the Service and levy a cancellation fee of 100% of the amount.
6.24. Furthermore Dotstay will withhold as a penalty: a: il 50% of the amount if the User cancel the service within 14 days prior to the first day of the start of the Angel Tour; b: il 100% of the amount if the User cancel the service from 00:01 of the first day of the Angel Tour.
6.25. The same penalty shall be due in the event of failure to show up for one of the agreed visits (if the Service is concluded unsuccessfully) and in the event that the User is late for 30 minutes or more to the agreed appointment.
6.26. In addition to the foregoing, Dotstay shall retain the full amount if:
a. the User changes his/her needs and/or accommodation search criteria during the week of the Service;
b. the User renounces the Service during the week by notifying his/her Angel or any Dotstay agent through an official message or email;
c. the User renounces the Service through the appropriate command in the private area or communicates it, through any means, to a Dotstay agent;
d. the User refuses to pay the security deposit required by Italian law, or does not wish to comply with the Italian rental regulations in force at the time of delivery of the property;
e. the User, after having completed the service and sent the email of acceptance of the Accommodation shown, is unable to enter into a valid rental agreement, for reasons beyond the control of Dotstay and/or the Owner;
f. the User is unable to provide the minimum solvency guarantees required by the Owner when visiting the property, once the confirmation email for the rental of the Accommodation has been sent;
g. the User does not show up for two consecutive appointments on two consecutive days of the Service, set on the basis of the availability provided. In such a case, the User shall be deemed to have renounced the Service. It is specified in any case that the days shall be considered consecutive according to the availability indicated online by the User.
6.27. Dotstay shall not charge any amount to the User if Dotstay has not shown him/her 5 housing options.
6.28. The User undertakes, for the duration of 30 days from the termination of the Service, not to enter into rental agreements for rooms/apartments whose address and owner are the same as those of the five accommodations shown during the Service.

Exemption from Dotstay's liability in relation to the Accommodation Search Service

6.29. The User agrees and declares that he/she is aware that Dotstay will endeavour to offer the best service in order to achieve its objective. However, the Company shall not be responsible or provide any warranty of any kind in relation to the successful outcome of any agreements and/or negotiations resulting from the interaction between the User and the Owner of the Property.
6.30. The User agrees and acknowledges that Dotstay shall not be liable in respect of the conduct of Owners and/or housemates.
6.31. The User agrees and understands that Dotstay shall not be liable in respect of any dispute between the User and the Host following the User's check-in at the Accommodation.
6.32. The User releases Dotstay from any liability in the event that the date requested for check-in is more than 20 (twenty) days after the visit to the Property and the Owner requests payment for the period of time between such date and the date of actual entry into the Property.
6.33. The User releases Dotstay from any liability in respect of the successful or unsuccessful outcome of negotiations between the User, Angel and the Owner following the sending of the official agreement email by the User. Therefore, no claim for reimbursement can be made in the event of an unsuccessful outcome of the negotiations in relation to the lease agreement between the User and the Owner.

7. SERVICES FOR OWNERS

7.1. Each User, in his capacity as an Owner, may request the publication of his Accommodation on the Website.

7.2. In order to proceed with the publication, the Owner will be asked a series of questions about the Accommodation, including, by way of example only, the location, capacity, size, characteristics, availability and price, as well as further rules to be notified to interested Users and the economic conditions.

7.3. The Owner acknowledges and accepts that in order to list his or her flat among the Accommodations displayed on the Website he or she must have a valid physical address, which may be discretionally verified by Dotstay at any time.
7.4. The Accommodations will be made available and visible only to the Angel who will be able to propose the Accommodations to the Users by sending the relevant links. In the event of a positive response from the User, the Angel will ask the Owner for his availability to visit the chosen Accommodation in one of the time slots indicated by the User.ente.

7.5. Each Owner shall indicate in advance on the page of the Accommodation any preferences regarding the characteristics of the potential tenant for the rental of the Accommodation in question, it being understood that Dotstay promotes equal treatment. Therefore, Dotstay, in its sole discretion, reserves the right to assess whether the Owner's requests are discriminatory. In such cases, Dotstay may, at its discretion, suspend publication of the Accommodation and suspend access to the Owner.


8.
 
BUSINESS RELOCATION SERVICES.

 

The terms of the business relocation will be presented to the Customer during the negotiation of the Service on the basis of the specific needs expressed. Therefore, Dotstay reserves the right to detail the terms and costs of such Service when preparing the commercial offer. 


9. EXTERNAL COMPANIES OFFERING THE PAYMENT SERVICE THROUGH THE WEBSITE.


9.1. Users acknowledge and accept that payments and all data management necessary to make payments via the Website are entirely managed by Stripe or PayPal, external companies and partners of the Company, whose general conditions of service are available at the following link: https://stripe.com/it, https://www.paypal.com/it.


10.
 
LINKS TO THIRD-PARTY WEBSITES


10.1. All websites the user may access via hypertext links on the Web Site are totally independent of the same. The Company has no power of control, either direct or indirect, over them and their content or use. The User acknowledges and accepts that no type of responsibility, not even indirectly, may be attributed to the Company for the contents, products or other goods/services, as well as for the use of the aforementioned hypertext links, and that the existence on the Web site of a hypertext link to other websites does not imply any type of assumption or acceptance of responsibility by the Company itself regarding the contents or use of the same.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. All Registered Marks, as well as any other intellectual property rights relating to the Web Site and the Services are owned or licensed by Dotstay, subject to copyright and intellectual property rights under the relevant Italian laws and international conventions. The User agrees not to remove, alter or obscure the Registered Trade Mark or any other evidence of intellectual property rights incorporated in or accompanying the Content and not to reproduce, modify, adapt, produce derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, authorise, or in any other way exploit the Content or the Registered Trade Mark. If the User infringes an intellectual property right, Dotstay may inhibit the User's use of the Web Site as it deems appropriate and appropriate. The Services are provided to the User solely personal use. Dotstay owns all rights not expressly granted in respect of the Services and the Web Site.

11.2. The User agrees not to use, copy and distribute any Services in any manner other than as expressly set forth herein. In addition, all page headers, layout, graphics, assets and scripts are to be considered as Trademarks and shall not be copied, imitated or used, in whole or in part, without the prior written permission of Dotstay..


12.
 
USE OF THE SERVICES


12.1. The User understands and agrees that Dotstay cannot be responsible for the Content of the Services and the Web Site. He/She further understands and agrees that the use of Services is at his/her own risk and that the User has no right to gain through the Services, the Registered Trade Mark or any other rights of Dotstay. The User is solely responsible for his/her conduct in using the Services or the Web Site.

12.2. In relation to Content, the User further agrees not to:

1. use the Services for illegal or unauthorised purposes;

2. impersonate any other person;
3. post or store any materials that contain viruses, worms, Trojan horses, or other harmful codes, files, scripts, or programs;
4. modify, disassemble, decompile, prepare derivatives of, reverse engineer, or otherwise attempt to access the source code of the Services;
5. build or benchmark a competitive product or service, or copy any features, functions or graphics of the Web Site;
6. transmit any material that may infringe the intellectual property or other rights of any third party;
7. use the Services to communicate any message or material that is harassing, defamatory, threatening, obscene, indecent, infringing of any third party's intellectual property rights or otherwise unlawful, gives rise to civil liability, or constitutes or encourages conduct that would constitute a criminal offence under any applicable law or regulation;
8. use domain names or URLs in the username without the prior written consent of Dotstay;
9. interfere with or undermine the integrity or operation of the Services or the data contained therein;
10 attempt to gain unauthorised access to the Services or related systems or networks.

12.3. In no event shall Dotstay be liable for any Content exchanged in any way through the Services and the Web Site.

12.4. In the event of a report, please send a communication that includes:

1. an indication of the infringing material;

2. an indication of the person whose activity is to be inhibited;

3.the necessary contact information for the complaining party.

12.5. Dotstay may bar the User's access to the Services if the User is a serial infringer. The User will be considered a serial offender if he or she is reported repeatedly. The User will be deemed to be a serial offender if reported as a serial offender by anyone appointed by Dotstay. Dotstay reserves the right to assess the appropriateness of a User's behaviour at any time.

 

13. LIABILITY WAIVER


The User agrees that use of the Services is at his/her sole risk. To the fullest extent permitted by law, Dotstay, its officers, directors, employees, agents, affiliates and/or licensors disclaim all liability, of any kind, express or implied, with respect to the Services and the use thereof, the Content or the security associated with the transmission of information to Dotstay or through the Services. Dotstay assumes no responsibility or liability for (i) any errors, inaccuracies or illegality in the Content, (ii) any damage, loss, personal injury, (whether absolute, consequential, punitive or otherwise), claim or liability of any nature whatsoever, arising out of the User’s access to and use of the Services, (iii) any unauthorised access to or use of Dotstay's servers and/or the personal and/or business information stored on them (iv) any interruption or discontinuance of transmission of the Services, (v) any bugs, viruses, Trojan horses or the like that may be transmitted via the Services through third party activities, and/or (vi) any errors or omissions of any nature or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services.

14. LIMITATION OF LIABILITY

14.1. These Terms and Conditions of Use apply to all Users. Dotstay assumes no responsibility for the content, privacy policies or practices of third-party websites. In addition, Dotstay will not and cannot censor or edit the content of third.party sites. By using the Services, the User understands and agrees that Dotstay shall not be liable for any damages, claims, or other liabilities arising out of or in connection with the use of third-party services.
14.2. In no event shall Dotstay, its officers, directors, employees, agents, affiliates and/or licensors be liable to the User for any direct, indirect, economic, exemplary, incidental, special, punitive or consequential damage or loss arising directly or indirectly from:
1. errors or inaccuracies regarding the Services or the Web site;
2. any damage, loss, personal injury, (whether absolute, consequential, punitive or otherwise), claim or liability of any kind arising from the content, access to and use of the Services;
3
. any unauthorised access or use of Dotstay's servers and/or the personal and/or financial information stored on them;
4. any interruption or cessation of transmission to or from Dotstay's servers due to defects, delays in operation or transmission to or from Dotstay's servers, network or line failure, or any other technical or other malfunction, even if foreseeable or even if Dotstay has been advised or should have been aware of the possibility of such damages (including, without limitation, if caused in whole or in part by negligence, failure of telecommunications services, or theft or destruction of service);
5. any damage to any computer, device or other type of equipment or technology including, without limitation, damage resulting from any breach of security or from bugs, viruses, Trojan horses that may be transmitted to or through the Services by use of Dotstay by any third party;
6. any action taken as a result of an investigation by Dotstay or the authorities regarding the User or any other party using the Services;
7. any action taken as a result of infringement of copyright or other intellectual property;
8. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the User's use of any content emailed, transmitted or made available in any way through the Web Site, whether based on warranty, contract, fraud, or any other legal basis and whether or not the company is advised of the possibility of such damages;
9. the dissemination of information in accordance with these Terms and Conditions or the Privacy Policy.

 

14.3. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the relevant jurisdiction.

14.4. The User agrees that, in the event that the User incurs any damage, loss or injury resulting from an act or omission by Dotstay, the damage, if any, shall not be irreparable or sufficient to give the User the right to an injunction preventing the provision of any Web site Service, product or other Content owned or controlled by Dotstay. Furthermore, the User shall have no right to enjoin or restrain the development, production, distribution, advertising, display or performance of any Web Site, property, product, service or other Content owned or controlled by Dotstay.

14.5. The User specifically acknowledges that Dotstay, its officers, directors, employees, agents, affiliates and/or licensors shall not be liable for the defamatory, offensive or illegal conduct of any third party and that the risk of injury or damage arising from any of the foregoing rests solely with the User.

14.6. The Services are controlled and offered in Italy. Where they are accessible in other countries, Dotstay makes no representation that the Services are appropriate or available for use in other locations. Users accessing them from or using them from other jurisdictions do so of their own choice and are responsible for compliance with local laws.

 

15. INDEMNITY

 

15.1. The User agrees to defend, indemnify and hold harmless Dotstay, its officers, employees and agents from any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including but not limited to any fees) arising out of or in any way connected with any of the following:
1. the User’s access to and use of the Services;
2. the User’s breach of any provision of these Terms and Conditions.
3. the User’s violation of any rights of any third party;
4. the User’s violation of any law, rule, regulation, code, statute, ordinance or order of any governmental authority, including without limitation any governmental, administrative or legislative authority;
5. any misrepresentation made by the User.
15.2. The User shall co-operate as required by Dotstay in the defence of any claim. Dotstay reserves the right to assume the exclusive defence and control of any matter subject to indemnification by User and the User shall not settle any dispute without the prior written consent of Dotstay. This obligation to defend and indemnify shall survive these Terms and Conditions and the User’s use of the Services.

 

16. ABILITY TO ACCEPT TERMS AND CONDITIONS


16.1. The User affirms that he/she is at least 16 years of age or the age required in the country from which he/she is accessing the Services and that he/she is fully capable and able to accept the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions and to abide by and comply with the provisions of these Terms and Conditions. If the User is under 16 years of age, the User may only use the Services with the express consent of the User’s parent(s) by sending proof of such consent to our email addresses. If the User is under the age of 16 and does not have such consent, the User must not use the Services under any circumstances.

17. INSTRUCTIONS

17.1. These Terms and Conditions and any rights or licences granted hereunder shall not be transferred or assigned to any third party by the User but may be assigned by Dotstay without restriction.

18. MISCELLANEUS


18.1. These Terms and Conditions shall be governed by the laws of Italy. Any claim or dispute between the User and Dotstay that may arise in whole or in part from the use of the Services shall be subject to the exclusive jurisdiction of the Court of Milan.
18.2. These Terms and Conditions, as well as the Privacy Policy and any other legal documents published by Dotstay, constitute the entire agreement between the User and Dotstay with respect to the Services and shall supersede any pre-existing agreement between the parties.
18.3. Should any provision of these Terms and Conditions be held invalid, such invalidity shall not affect the other provisions, which shall remain valid and effective.
18.4. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Dotstay's failure to enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
18.5. Dotstay reserves the right to modify or terminate the Services or the User’s access to the Services for any reason, without notice, at any time and without liability to the User. Therefore, should the User continue to use the Services, this shall be deemed as acceptance of the changes. Therefore, it is the User’s responsibility to review these Terms and Conditions and consider any changes before using the Services. If the User does not agree to the changes, the User’s only option is to discontinue using the Services.
18.6. If Dotstay prevents the User from accessing the Services, all of the User’s data will no longer be accessible, all licences and other rights granted to the User through these Terms and Conditions and through the Privacy Policy will cease immediately.