Terms and conditions

Applicability of the Terms & Conditions & EULA

Terms of Service

Any use of our application, website and/or services as a visitor or user constitutes an agreement to all terms and conditions and warrants that users understand, agree to and accept all terms and conditions contained here.

Legal entity

Orma Guides SRL is a private company registered in Italy, located at Vicolo Guerrieri 7, Brindisi (BR), Italy.
Orma Guides SRL, which from this point of the document on will be called simply “Orma”, is registered with the Chamber of Commerce in Brindisi, Italy under number 02698800741.

Orma Services to users

Orma is an app-based platform for travelers seeking sustainable and responsible ways to explore cities. We are a collection of digital urban guides, providing information about places such as restaurants, shops, clubs, parks and general attractions of cities. Information related to the places in the guides is subject to change.
All the places are selected through specific criteria that we listed to provide the best responsible experience for the users during their travels.
Orma doesn’t offer any type of refund in case of user dissatisfaction regarding the content included in the guides.

Proprietary Material

Orma content may not be used or copied without explicit authorization from Orma. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on this website is owned by Orma, or is used with the owner’s permission. This Proprietary Material is protected in all forms, media and technologies. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from this website without Orma' prior written permission.

Quality of information

When rendering our service, the information we disclose is based on the information collected from our team. Although we will use reasonable skill and care in performing our service and verify (most of) the content we cannot guarantee that all information is accurate, complete and/or correct. 

Warranties

Orma does not warrant that this website and/or our services will be uninterrupted or error-free. It may correct, modify, amend, enhance, improve and make any other changes to the website and services at any time or discontinue displaying or providing any content or features without notice to any user.

Disclaimer

We do our very best to ensure all the information we provide is 100% correct. However, as we are human beings too, errors are made. We hereby disclaim all warranties and conditions concerning the use of our website and/or services, including, but not limited to, the availability, reliability, or quality of our website and services, the content distributed through us, including the nature and quality of the content itself, and is not and shall not be responsible for any error, fault or mistake of any and all content and information. We do not endorse any entity, product or service mentioned in any content available on our website.

ORMA Plus

"ORMA Plus" is a paid subscription service offered by ORMA Guides, providing users access to extra features. Users can choose from various subscription durations with different costs. A 7-day free trial is available, and all subscriptions automatically renew unless cancelled. Payments and refunds are managed through in-app purchases on the Apple App Store and Google Play Store, with ORMA Guides not handling refund requests directly.
All subscriptions with ORMA Plus are paid in advance. All payments handled can only be refunded by Apple & Google. Please contact them for help with refunds.The “ORMA Plus” subscription is non-transferable and tied to the user's personal account, and ORMA Guides reserves the right to suspend or revoke it for violations of terms or inappropriate app behaviour.

Issues and Complaints

We'll assist you in case of issues or complaints where possible. In case of a complaint about or issue with the platform, app or services, please contact Orma to resolve the problem. You agree to provide Orma with such information and take actions as may reasonably request by Orma. Any claim or complaint against Orma regarding the service must be promptly submitted, but in any event within 14 days after the reserved event has taken place. Any claim or complaint that is submitted after the 14 days period, may be rejected, and the claimant shall forfeit his/her right to any (damage or cost) compensation.To the extent permitted by law, these T&C’s and the provision of our services shall be governed by and construed in accordance with Italian law, and any and all dispute arising out of these T&C’s and our services shall exclusively be submitted to the competent Court in Milan, Italy.

Diversity, Equity and Inclusion

By facilitating access to different cultures and everything cities have to offer, we aim to inspire people to learn and increase travel sustainability awareness and empathy to spark positive change. This intention underpins everything we do.We believe that celebrating the diversity of our local community, our users, and our team will make the world a better place.

Acceptance of these terms

You confirm your comprehension of this Agreement and express your consent to adhere to all of its stipulations. By utilising the application and its Services, you hereby affirm your commitment to be legally bound by this Agreement. In the event that you do not concur with the terms and conditions set forth herein, you are expressly prohibited from utilising or gaining access to the ORMA Guides application and its services.

We are not responsible for websites we link to

Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

We may suspend or withdraw our service

We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service for business, maintenance and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of these terms of use for All Users and other applicable terms and conditions, and that they comply with them.

System Requirements

This App requires an Apple iPhone running iOS 12 or above to function effectively.

EULA

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

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