Last Updated: October 13, 2022
Welcome you to visit Urbana websites, sign the service terms with Urbana and use our products and services.
[Prudent Reading] Urbana reminds you again to carefully read and fully understand each provision, especially the provisions related to responsibility restriction or exemption. Restrictive terms or exceptions will be bold or highlighted in other forms to catch your attention.
Your acceptance of this Agreement will be considered as the voluntary acceptance of all the terms, including any revision of the Service Terms made by Urbana at any time. This Agreement may be updated by Urbana at any time, and the updated agreement, if published, will replace the original agreement without prior notice. Users may refer to the agreement of the lasted version on the website of Urbana. If you do not accept relevant provisions hereof revised by Urbana, you should immediately stop using the services provided by Urbana. If you continue using such services, you will be deemed to have accepted the revised agreement.
If you are under 18 years old, you should read the Service Terms under the guidance of statutory guardian.
- Contract Subject and Scope of Agreement
1.1. The Service Terms of Urbana IoT Platform constitute a valid contract signed between you and Urbana Smart Solutions S.r.l., (hereinafter referred to as “Urbana”, “we” or “us”) for the use of Urbana website services (including browsing of information on web page, account registration and other services). Urbana websites include those with the domain names of urbanasmart.com, urbanasolutions.it, urbanasolutions.io, urbanahospitality.it and Urbana client (e.g. app).
1.2. If you intend to use or purchase a specific service on the Urbana website, you may be still asked to confirm relevant provisions for specific service. You shall carefully read and fully understand relevant provisions, and choose to accept or not to accept such provisions.
- Registration, Use and Security of Account
2.1.1. You acknowledge that, when you complete the registration procedure or use the website services in other ways permitted by Urbana, you shall be a natural person, a legal person or other organization with full capacity for civil right and civil conduct specified by the laws of the European Community (hereinafter referred to as “you”).
2.1.2. If you are a person without capacity of civil conduct or a person with limited capacity for civil conduct, you do not have the above qualifications, and you and your guardian shall be responsible for all the consequences resulting from your improper registration behavior in accordance with the provisions of laws.
2.1.3. You shall ensure that you are not subject to the trade restrictions, sanctions or other restrictions of laws and rules imposed by any country, international organization or region, otherwise you may be unable to register or use the services of Urbana.
2.2. Account Registration
2.2.1. Upon filling in the information according to the prompt on registration page, reading and accepting the Service Terms, and completing the whole registration procedure, you may obtain a Urbana account and become the user of Urbana.
2.2.2. Account name set or confirmed by you during the registration (hereinafter referred to as“account name”) and your password will constitute your account after the successful registration (account name and password are together referred to as“account”).
2.2.3. Your account name shall not violate the national laws and regulations as well as the management practices of Urbana, or shall not easily lead to the confusion between identity of you and Urbana, otherwise your account may not be successfully registered or Urbana has the right to close your account with prior notice.
2.2.4. You shall accurately provide and timely update your account information according to the laws and regulations or the prompt on relevant page, to make the account information real, timely, complete and accurate. If your information is incorrect, false, outdated or incomplete, Urbana may send you a notice of inquiry and/or correction request, and you shall provide or update relevant information according to the requirements of Urbana. If your information is false, outdated, incomplete or inaccurate, you shall be responsible for the consequences and losses resulting from your failure to use the Urbana account (the account cannot be registered, the account is frozen or closed, or the recertification fails until we terminate or suspend your access to part or all of the Services) or those resulting from the use of account.
2.2.5. For provisioning of certain products or services, Urbana may ask you to provide further identify information for further identity authentication or qualification, and you may use such products or services only after your account passes the authentication or qualification.
2.2.6. In general, your account is the unique identification for all the activities on the Urbana website. Unless otherwise agreed, each Urbana account may be used to carry out independent activities on the website. In the following cases, Urbana, however, has right to carry out unified treatment on multiple Urbana accounts owned by one legal subject and/or associated legal subject at its discretion. For example, according to the associated information provided during registration, login and use of different accounts, Urbana may determine that these accounts are owned by the same user. Examples of associated information: The same identity number, phone number, payment ID, equipment, address, etc.
2.2.7. You shall be fully responsible for the authenticity, legality and validity of your registration information; you may not pretend to be others or publish any information in other’s name; and you may not maliciously use the registered account leading to the misrecognition by other users, otherwise Urbana has the right to immediately suspend the provision of services and you shall bear all the resulting legal responsibilities alone.
You must use the website as well as the products, programs and services of Urbana in a legal manner, and must be responsible for all the actions that take place under your own account, including any content that you publish and any resulting consequence. You shall use the contents at your discretion, and shall assume all the risks resulting from the use of such contents, including the risks resulting from dependence on the accuracy, integrity or practicability of such contents. Urbana cannot and will not undertake any responsibility for any loss or damage resulting from the user’s behavior.
2.3. Use and Security of Account
2.3.1. You have the right to use your account to enter the website of Urbana and use other services provided by Urbana.
2.3.2. Urbana may inform you of the service progress and remind you to proceed to the next step by email, website message, short message, telephone or other means. In the process of service, you shall timely login your Urbana account to check and complete the trading operations.
2.3.3. One Urbana account may only apply to the unique legal subject. Unless expressly stipulated in laws, judged by judicial department or agreed by Urbana, your Urbana account may not be transferred to, granted to or inherited by others in any way.
2.3.4. Your account name and password shall be set and kept by yourself, and you shall keep your account name and password confidential. You shall correctly exit from the website at the end of each on-line period. Given that there is any damage or negative effects due to disclosure of account information by yourself, or any attack, fraud or other actions, our quality goods mall will not take the responsibilities and you shall claim compensations for infringement acts through judicial, administrative and other relief approaches.
2.3.5. You shall be responsible for all behavioral outcomes (including, but not limited to, online signing of various types of agreements, posting of information, purchase of products and services, disclosure of information, etc.) under your account.
2.3.6. If others are found to use your Urbana account and password without the authorization, you shall immediately inform Urbana; Urbana will assist you to freeze your account, change the password or complete other security settings; and you understand that Urbana will need a reasonable time to take the action for your request, and Urbana is not responsible for any consequence existing before Urbana takes the action or any consequence attributed to you (including but not limited to your any loss).
2.3.7. Urbana will also take reasonable technical measures at the server side of website to guarantee the security of account.
III. Freezing, Cancellation and Appeal of Account
3.1. Freezing of Account
Your Urbana account (including all or partial authorities or functions) may be frozen (e.g. the Urbana account may be restricted in the transfer-out of funds), and Urbana will inform you by email, website message, short message, telephone or other means if:
3.1.1. Based on the demands for operation of Urbana website or services and for transaction security, you have damaged or may damage or attempt to damage the fair transaction environment or regular transaction order of Urbana or its Affiliate; or any use of your account includes the name or brand of Urbana or its Affiliate and is suspected to mislead others; or any specific Chinese and English characters (in full or short), figures or domain names are used to indicate or reflect a relationship with Urbana or its Affiliate;
3.1.2. You violate the Service Terms, relevant rules and practices of Urbana website (such as transaction rules and management practices), service instructions or other service agreements/provisions;
3.1.3. You violate the national laws, regulations, policies and legal instruments;
3.1.4. You are subject to the complaint from other person for which this person has provided relevant evidence, but you fail to provide the evidence to the contrary according to our requirements;
3.1.5. Any exception of your account in operation, income or exchange is identified by Urbana through reasonable analysis;
3.1.6. Freezing is required by the national competent authority;
3.1.7. Urbana reasonably determines that your other behaviors have the same nature as the above behaviors or have the similar risks to the above behaviors.
3.2. Cancellation of Account
3.2.1. If any circumstance as mentioned in Clause 3.1 occurs and such circumstance is serious, or based on the requirements of national competent authority, your Urbana account (including all or partial authorities or functions) will be canceled, and Urbana will inform you by email, website message, short message, telephone or other means.
3.2.2. You understand and agree that if you have not entered the website of Urbana with your account for 12 consecutive months and all the services under your account are expired, Urbana has the right to cancel your account, and in this case, you are unable to enter the website.
In case of freezing or cancellation of account as mentioned above, you shall pay attention to such freezing or cancellation in time, and carry out subsequent operations such as appeal according to the procedure:
3.3.1. If you apply to Urbana for release of the above freezing or cancellation through the appeal procedure, for the security of your account, you shall provide accurate identity certificates and relevant data as well as other information or documents as required by Urbana for review. You shall fully understand that your appeal may not be certainly allowed, and Urbana has the right to decide whether to accept your appeal.
3.3.2. You understand and agree that if you refuse to provide accurate identity certificates and relevant data, or your appeal fails to pass the review of Urbana, Urbana has the right to freeze such account and restrict partial or all the functions of such account for a long time.
- Website Services and Practices
4.You are entitled to the Internet technology services and information services provided by Urbana through the website. You shall also take the responsibility of timely payment and service management according to the Service Terms and relevant provisions confirmed when purchasing the specific services.
4.2. During the use of Urbana’s services, you shall ensure that:
4.2.1. You will use the services of Urbana according to the national and local laws and regulations, industry practices and social public morality, and will not store, publish or spread the following information and contents through the use of such services:
（ⅰ）Any content (information) in violation of national laws, regulations and policies;
（ⅱ）Political propaganda and/or news information in violation of national regulations;
（ⅲ）Information related to state secret and/or security;
（ⅳ）Information propagating feudalistic superstition and/or obscenity, pornography or indecency or information abetting the crime;
（ⅴ）Information of lottery and gambling games, or information in violation of national ethnic and religious policies;
（ⅵ）Information impairing the operation security of Internet;
（ⅶ）Information infringing other’s legitimate rights and interests and/or other information or content impairing the social order, social security or public morality;
（ⅷ）In addition, you shall promise not to offer any convenience for other’s publication of the above information and content in violation of national regulations and/or such information and content as agreed in the Service Terms, including but not limited to setting of URL or BANNER link.
4.2.2. Any behavior breaking or attempting to break the network security will not occur, including use of technical or other measures to destroy or disturb the website of Urbana or other users;
4.2.3. You will use the services of Urbana website according to the Service Terms;
If you violate the above guarantees, Urbana has the right to delete information, or suspend or terminate the service according to the Service Terms, and also has the right to freeze or cancel partial or all the functions of your account.
4.3 For some of the services involved in this website, it is necessary for you to sign separate agreements with Urbana, and you must fulfill all your obligations strictly in accordance with the signed agreements, otherwise you will no longer be able to enjoy the services and products provided by Urbana.
4.4 Order / Request
4.4.1 When placing an order / submitting a request, you shall carefully confirm the information of products/services to be purchased, such as description, price, quantity, model, specification, size, contact address, phone and consignee. If you are not the consignee, the consignee’s behavior and intention will be deemed as your behavior and intention, and you shall undertake all legal liabilities for the consignee’s behavior and intention.
4.4.2 You understand and agree that: the prices and other sales information of products and services displayed on the Urbana websites are only an invitation for offer. When placing an order, you must fill in the quantity of the products and services you wish to purchase, price, payment method, consignee, contact information, shipping address and other information. The order generated by the system is only the contract offer you send to Urbana. A contractual relationship for the product can only be deemed to be established between Urbana and you when the product in your order is actually delivered directly to you. Due to the individuation, differentiation, and other particularity of the software, technology, and other services, if the services cannot be implemented or cannot be provided for special reasons when you are submitting work order/ order to Urbana for purchasing software and technical services, Urbana can notify you to cancel the order (you may cancel the order).
- Privacy and Personal Information Protection
- Intellectual Property
6.1. We respect the intellectual property, and will not use, modify, duplicate, disclose, alter, spread, issue or publish your achievements of intellectual property without your consent.
6.2. If any organization or individual considers that any content on the Urbana website (such as reprinted articles and product information published by the service provider) may infringe any of its legitimate rights and interests, such organization or individual may send a written right notice to Urbana at firstname.lastname@example.org, and Urbana will address such issue as soon as possible after receiving the qualified notice from the holder of intellectual property rights.
6.3. Unless otherwise stated, Urbana and its Affiliate own the intellectual property right for the logo of Urbana website, “urbana”, “Urbana”, “Urbana Smart Solutions”,“Urbana Hospitality”, and other texts, graphics and their combinations, as well as other identification, symbols, names of Urbana services and technical files on the Urbana website.
6.4. You shall respect the intellectual property rights and other legitimate rights/interests of Urbana and third parties, and ensure to indemnify Urbana and its employees, investors and partners from any impact or loss due to illegal events infringing the above rights and interests. Urbana reserves the right to terminate the services and refuse to refund if you infringes the legitimate rights/interests of Urbana and/or third parties.
For further information, please refer to the legal statement in Legal Statement .
Urbana promises to keep the information which is provided or informed during your registration of account or use of Urbana services confidential, and will not disclose your information to any third party, unless:
7.1. The information may be provided according to the Service Terms or other service agreements, contracts or on-line terms signed between you and Urbana;
7.2. The information shall be provided according to the laws and regulations or the requirements of administrative, judicial or other competent authorities;
7.3. Such confidential information has been disclosed to the public or can be obtained from the public domain without prejudice to the liability agreed hereunder.
VIII. Scope and Limitation of liability
8.1. You understand and agree that you shall undertake the claims of any third party resulting from your use of services, violation of the Service Terms or any action which takes place under your account. If any third party makes a claim with Urbana or its Affiliate, employees, customers or partners for this reason, you shall undertake and indemnify Urbana and its Affiliate for all the losses and liabilities incurred therefrom.
8.2. To the extent permitted by applicable laws, Urbana bears no liability for any indirect, punitive, special or derived loss associated with or arising from the Service Terms.
8.3. Urbana hereby reminds that during the use of Urbana services, you shall abide by the laws of the European Community, shall not endanger the security of the Internet, and shall not use Urbana services to engage in activities that infringe others’ reputation, privacy, intellectual property or other legitimate rights and interests. Urbana assumes no responsibility for your illegal act or default during the use of Urbana services.
8.4. If the users of Urbana intend to upload, provide or publish relevant information (including but not limited to user name, company name, contact person and information, related pictures and news) on the forum, community and service market of Urbana website, the users shall provide such information by themselves, and shall be fully responsible for the information they provide according to the law.
8.5. If you obtain any product or service from third party through the use of Urbana website (e.g. the service provider in the Urbana service market provides you services through the Urbana platform), the service provider will be responsible for the services provided for you, and Urbana assume no responsibility for such third-party services.
8.6. In some cases, Urbana may present its reference code or software so that you can use the services of Urbana in more convenient manner. If the software is the open-source software of third party, you shall follow relevant instructions for such software. According to the instructions on relevant page, you may be allowed for relevant operations such as downloading and secondary development of software. You shall understand and promise that the intellectual property of such code is owned by Urbana, and you shall clearly indicate the holder of intellectual property during the use of code. In addition, Urbana assumes no responsibility for your use of such code and software as well as any job or consequence resulting therefrom.
IX.. Liabilities for Breach of Contract
9.1. If one of the following situations occurs, you are deemed to be in breach of contract:
(1) You are violating relevant laws and regulations when using Urbana platform services;
(2) You are violating this agreement or the supplemental agreement of this agreement.
9.2. If there is a loss to Urbana and/or related companies (including, but not limited to direct economic loss of their own, loss of goodwill and compensation paid to a third party, reconciliation payment, lawyer fees, and litigation fees, and other indirect losses) due to your behavior, you shall indemnify Urbana and/or the related company from all the above losses.
- Force Majeure and Accident
If the website of Urbana may not normally operate due to the following force majeure events or accidents, Urbana is not liable for damages:
10.1. Force majeure factors such as natural disaster, strike, riot, war, act of government, judicial and administrative order;
10.2. Utility factors such as power failure and communication network failure;
10.3. Short-time system maintenance of Urbana with prior announcement or notice.
- Applicable Laws and Jurisdiction
The validity, interpretation, modification, execution and dispute settlement of the Service Terms are subject to laws of Italian Republic. Any dispute arising from the Service Terms shall be settled by both parties through friendly negotiation. If such negotiation fails, the parties may file lawsuits to the people’s court at the place where this agreement is signed. The Agreement is signed in Venice, Italy.
XII. Service of Notice
12.1. You understand and agree that: Urbana may send you notices in one or more of notification ways such as web bulletin, e-mail, website message, text message, telephone call, system message, and instant message, and Urbana can count on the completeness, accuracy, and current validity of your contact information; the above notices are deemed to have been delivered upon successful delivery.
12.2. Unless a notification way is otherwise agreed in the Terms of Service or specified in the agreement signed between Urbana and you, the notice you send to Urbana shall be serviced based on the communications address, fax number, e-mail address and other contact information officially published by Urbana.
XIII. Update and Termination of Terms
13.1. Urbana has the right to modify the Service Terms and relevant service rules, and will give an announcement or a notice by web bulletin, email, website message or short message. If you continue to use the services after the modification of the Service Terms, you will be deemed to have fully read, understood and accepted the contents as revised, and will also abide by such revised terms.
13.2. If your account is canceled, or your website services are terminated by mutual agreement, the Service Terms will be terminated.
14.1. The Service Terms consist of the contents hereof, rules and practices presented on relevant website page, service instructions (including operation files) and other terms/conditions confirmed by you. Both Urbana and you shall be subject to the Service Terms, and relevant nouns herein may be subject to cross reference and interpretation.
14.2. The section headings herein are set only for convenience, and do not have the force of law or contract.
14.3. If any provision herein is deemed as abolished, invalid or unenforceable, such provision shall be considered as severable, and shall not affect the validity and enforceability of the Service Terms and other provisions.
14.4. Urbana has the right to transfer all or part of its rights and obligations for service to its Affiliate by announcement at its official website (www.urbanahospitality.it), website notice or email.
14.5. Unless otherwise agreed, for provision of professional services, Urbana may also commission its Affiliate or other legal subject to provide you one or more specific services on the Urbana website. In this case, you may conclude relevant terms or conditions with the above company, and you shall carefully read and understand such terms and conditions before choosing to accept them or not.
14.6. Terms hereunder for confidentiality, intellectual property, applicable laws and jurisdiction and other terms supposed to survive in nature (e.g. guarantee on authenticity of registration information) shall not be invalid due to the termination of the Service Terms.
- How to Contact Us
You have any questions and comments about this Service Terms of Urbana IoT Platform, or you have any questions or comments about the practice and operation of Urbana, you can contact us through request, or customer service.