The Web Site www.findmylost.it, herein referred to as FML, is owned by FindMyLost S.r.l and operated and maintained by Digital Forest S.r.l.
FML provides the possibility to publish main information regarding a Found Item (picture, date and geo-localization where found, and main characteristics), to edit/delete the related post afterwards and the possibility to search for a Lost Item. Users can get in contact through the platform and exploit the transparent integrated messaging system to agree on the modality of returning the item, rewarding the Finder, devolving the reward to charity foundations partners, using the logistic partners associated to the platform to send the Lost Item or to pick it up.
The above is collectively defined as “The Service”, subject to the following Terms and Conditions of Use.
1.2 The use of the Service is allowed only to adult Users according to the Italian law (over 18 years).
1.3 Any use of the Service by underage Users presupposes and implies the authorization and supervision of parents or whoever has parental responsibility or guardianship, who will assume any responsibility of the actions of the minor against FML and involved third parties.
2.2. If the User does not agree with any of the amendments, his only recourse is to immediately cease using your membership. If the User continues to use his membership, he will be deemed to have accepted any amendment to this Agreement.
2.3 Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of FML. FML may also change or impose fees for services provided through the Website at any time in its sole discretion.
3.1 All copyright and intellectual property rights in the text, images, software and other materials of the Website (“the Content”) are owned by FML.
3.2 The Content is protected by copyright and other laws in both Italy and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks or trade dress (“Marks”) of FML, its affiliates or other entities that have granted FML the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of FML.
3.3 The User cannot copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without FML’s prior written permission.
4.1 FML grants the User a limited, personal, non-transferable, revocable license to:
4.2 Except for this limited license, FML does not convey any interest in or to the FML Systems, information or data available via the FML Systems (the "Information"), Content, Service, Website or any other FML property by permitting the User to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of FML. The User cannot make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by FML.
5.1 The User is personally and solely responsible for the use of the Service and for his own behavior.
5.2 The User guarantees the availability or the ownership of the lost property which is the subject of his lost&found announcement. The User is personally and solely responsible for the lawfulness, truthfulness and completeness of his lost&found announcement.
5.3 The User shall also ensure that his own announcement does not violate any copyright nor industrial property rights nor other third party rights.
5.4 In case of a dispute by a third party with respect to any advertisement or conduct related to it, the User assumes full responsibility and agrees to hold harmless and indemnify FML.
5.5 The User will also be solely responsible for any damages that could occur to his computer system that results from the use of the Service.
6.1 The User agrees not to post, email or otherwise make available any content that is covered by copyright or other proprietary rights, contrary to law, morality or public order; more specifically the User agrees not to post any content:
Additionally, the User agrees not to:
6.2 The User shall be personally and solely responsible for his own content and the consequences of submitting and publishing his Content on the Service; therefor the User expressly agrees to exonerate FML from any responsibility and to refrain from any legal actions against FML regarding his content.
6.3 In any case FML reserve the right to remove, at its sole discretion and without notice, any content which violate the code of conduct.
8.1 Under no circumstances shall FML be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if FML has been advised of the possibility of such damages), resulting from any aspect of the User use of the Service, including, without limitation the id tags, errors on this Website, content posted on this Website, and viruses on this Website, whether the damages arise from use or misuse of any of the services, including, without limitation, the tags, from inability to use the services, or the interruption, suspension, modification, alteration, or termination of any of the services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Service or any links on or through the Service, as well as by reason of any information or advice received through or advertised in connection with, on or through the services or any links on or through the services. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply, but all other limitations of liability as may apply to the User do apply.
9.1 The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because FML has no control over such Websites and resources, the User acknowledge and agree that FML is not responsible for the availability of such external Websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Websites or resources.
9.2 The User acknowledge and agrees that FML shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10.1 The User acknowledge that FML may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which the User may access the Service.
10.2 The User agrees that FML has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
10.3 The User acknowledges that FML reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FML shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.
11.1 The User agrees that FML, in its sole discretion, has the right (but not the obligation) to delete or deactivate any account, block his email or IP address, or otherwise terminate his access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FML believes that the User has acted inconsistently with the letter or spirit of these Terms and Conditions of Use.
11.2 The User agrees that FML shall not be liable for any termination of his access to the Service.
11.3 The User agrees not to attempt to use the Service after said termination.
12.1 The registration on the Website and both the publication of the announcement of finding or losing a property are free.
12.2 Reward Incentives
Any rewards promised by the User who lost a valuable are for the benefit of the User who found it. The minimum reward offered on FML platform is equal to 10% of the market value of the object, as suggested by the website, with a minimum of € 5. The User can at its discretion decide to offer a non-refundable fee above 10%. The User who receives the reward can decide at its discretion to devolve this amount to charity foundations partners from those indicated by FML or the same FML. The User acknowledges that FML is not responsible and cannot guarantee or otherwise facilitate the payment of any rewards.
12.3 Reward Fees
If the User chooses to offer a reward for the return of the lost valuable, such User is required to pay to FML, in addition to the reward of the preceding paragraph and to any logistics costs for returning the item, a commission equal to € 2.50 plus the 5% of the market value of the item.
12.4 The User is responsible for paying all fees associated with using the Service and the Website and all applicable taxes. There are no refunds.
12.5 Unless otherwise stated, all fees are quoted in EURO.
12.6 FML offers secure payment through PayPal or Credit Card (Visa or MasterCard) via the PayPal platform. FML does not retain any payment-related data (e.g. credit card number, validity, PayPal ID, etc.).
13.1 The Shipping and Delivery Service (SDS) is a service offered by FML that enable a Finder of a lost property or a lost property office not only to contact the rightful owner, but also to return him/her the lost item, through a delivery contract between the Finder and FML Partner Company selected for the SDS, DHL.
By using the SDS the User agrees to the following conditions.
13.2 The lost properties are shipped and delivered by FML partner company: T.B.D.
13.3 Unless otherwise agreed, the lost properties will be shipped to the address specified by the User.
13.4 Delivery time and prices depends on the item weigh and shipping distance, and may vary.
13.5 The delivery terms are merely indicative and are not binding; therefore FML shall not be liable for any delay in delivery. In particular, FML shall not be liable for delays resulting from unforeseeable circumstances, force majeure or events not attributable to FML, therein including the actions of third parties.
13.6 Prices exclude packaging; in any case the exact cost of the Service will be communicated to the User before he stipulate the contract. A list of delivery and shipping costs is available for downloading from:(T.B.D.).
13.7 FML offers secure payment through PayPal or Credit Card (Visa or MasterCard) via the PayPal platform. FML does not retain any payment-related data (e.g. credit card number, validity, PayPal ID, etc.).
13.8 All prices are based on the Euro currency.
13.9 If the User decide to benefit from the SDS, he expressly renounce to any claim or legal action against FML for possible damages, missing pieces, defects or other apparent imperfections of the delivered items, with the sole exception of shipping damages.
13.10 By accepting the package(s) being delivered and/or by signing the shipping company’s (DHL) paperwork or electronic device without noting any damage, the User agrees that the package(s) have arrived without any visible shipping damage.
13.11 If the Users receive items with obvious signs of damage to the packaging or contents should, without prejudice to their statutory warranty rights complain immediately to the shipper/courier service and contact DHL immediately by email or other means. The User must report any of these damages at the latest, within eight days of delivery of the item, in writing, by recorded delivery letter with acknowledgement of receipt, attaching the delivery note and a clear description of the nature of the defect. FML does not accept any liability for defects reported outside the term identified herein.
13.12 In compliance with the terms and indications of the Italian Civil Code, article 927, FML, providing the SDS, acts solely and exclusively as transport agent and/or private carrier, since the obligation to return the lost property to the rightful owner cannot be transferred from the founder to another person (except the city major). Therefore the User acknowledge that FML doesn’t not replace or represent in any way the User in his quality and capacity of founder of the lost property, and neither do FML assume obligations and responsibilities that bound the User/Founder.
13.13 Finally the User acknowledge and agrees that, if he decides to benefit from the SDS, such agreement shall not signify the stipulation of a deposit contract concerning the lost property. Therefore FML does not assume any of the depositary and responsibility ex art. 1766 et seq of the Italian Civil Code.
13.14 If the User receives by the Shipping and Delivery service an item that does not belong to him, he must notify FML within 30 days, publishing it through a new announcement on the Website.
14.1 FML acquires confidential data relating to Users. Therefore, in compliance with the terms and indications of Italian Law 196/2003, regulating the treatment of data of persons and other subjects, the company, acting as controller of such information, is obliged to illustrate the conditions of usage of the data in its possession.
In this respect it is specified that:
a) The data treatment concerned is performed using procedures that guarantee respect for the privacy rights of the User and consists of its collection, registration, organization, archiving, processing, modification, selection, retrieval, comparison, use, interconnection, grouping, communication, circulation, cancellation and destruction, also via a combination of two or more of the aforementioned procedures;
b) The data treatment itself is solely in relation to or instrumental to the Service provided by FML; in this regard the User allows FML to transfer his personal data to third parties on whose behalf FML is providing its Service toward the User.
14.2 The treatment of personal data will be performed mainly using automatic and computerized methods, in strict logical correspondence to the purposes themselves and, in any event, always in full respect of privacy and security rules specified by current law. The data will be preserved, for the length of time specified by law, at the operational headquarters of FML and on the servers of Digital Forest S.r.l..
14.3 The User may contact FML at any time to exercise his rights as indicated in article 7 of Italian Law 196/03.
15.2 Except as otherwise provided by legal standards that are non-derogable, the Court of Milan will have exclusive jurisdiction in any dispute relating to these Terms and Conditions and the relationships governed by them.