Conditions for the Use of Services Provided by Wecity
Wecity s.r.l. (hereinafter referred to as “Wecity”) is a limited liability company under Italian law with its registered office at Via Contrada 309 in Modena, registered with the Modena Chamber of Commerce and having VAT number 03475130369.
Wecity has developed the Wecity App project, which aims to raise public awareness by encouraging virtuous modes of transportation among citizens through the use of less polluting vehicles (public transport and traditional bicycles, electric or pedal-assisted bicycles, electric motorcycles, pace accelerators such as unicycles, scooters, etc.) and therefore, in the medium term, to reduce the number of passenger transport cars (private cars) on the road and thus the CO2 emissions resulting from their use as well as private motorcycles, initially on a national scale and then also abroad.
For the purposes of this project, in order for the reductions to be utilized for the aforementioned purposes, they must be verified by an independent third party based on internationally recognized methodologies. Wecity has obtained this certification through ISO14064-II certification issued by RINA SpA.
Through the dissemination and use of the Wecity app by Users, Wecity is indeed able to promote the direct reduction of greenhouse gases released into the atmosphere (in particular CO2) and, above all, to certify the amount: Wecity has in fact obtained certification of compliance with the UNI EN ISO 14064-2 Part 2 standard for the quantification, monitoring, and reporting of greenhouse gas emissions, and in this way becomes the holder of any emission rights that can be placed on the voluntary market.
Users, for their part, in the ways that will be detailed below, will be able to take advantage of particular benefits from companies and public bodies partnering with Wecity, which share its purposes and methods.
- Wecity app: A mobile application for all iOS, Android, and Windows Phone devices, to be installed and activated in order to certify the kilograms of CO2 saved from the environment during each Mission, journey made in carpooling or independently with the use of public transport, traditional bicycles, electric or pedal-assisted bicycles, pace accelerators such as traditional or electric scooters, and electric motorcycles;
- Services: The Wecity app and the website www.wecity.it;
- Partner: A company or public body that, in initiating a Mission, offers to the User who demonstrates through their virtuous mobility behaviors to be a “saver” of kilograms of CO2, free trials, discounts, gadgets, services, and financial incentives;
- Mission: An initiative set up by public or private entities through which it is intended to promote sustainable mobility, possibly in exchange for discount vouchers or financial incentives;
- Carpooling: A route shared by multiple Users using a single means of transport either once, habitually, or at a specified date and time, certifiable with the simultaneous activation of the Wecity app by all passengers.
Modes of Use
The Wecity app can be used:
- In Autonomous Mode, with the User consenting to Wecity monitoring their geographic location and the routes taken during the app’s activation, for the measurement of kilometers traveled sustainably and the certification of kilograms of CO2 saved from the environment;
- In Mission Mode, with the User’s explicit acceptance and adherence to the Regulation of the Mission prepared by the Partner, thus consenting to the monitoring by Wecity and the Partner of their geographic location and the routes taken during the app’s activation, for the measurement of kilometers traveled sustainably and the certification of kilograms of CO2 saved from the environment;
- In Carpooling Mode, with multiple Users simultaneously consenting to Wecity monitoring their geographic location and the routes taken together on the same means of transport during the app’s activation, for the measurement of kilometers traveled and the certification of kilograms of CO2 saved together from the environment.
Similarly, in the event of joining a Mission, during the registration phase for it, the User will be informed of the Regulation prepared by the Partner and must fully read and agree to be bound by its contents to participate.
With the registration, Wecity grants Users a free, non-exclusive, and time-limited license, which is non-transferable and non-sublicensable and can be freely revoked, to use the Services for non-commercial purposes in accordance with these Conditions.
By using the Services, it is possible to certify the kilograms of CO2 saved from the environment through the adoption of virtuous behaviors by Users (carpooling, use of bicycles, public transport, pace accelerators, electric motorcycles and bicycles or pedal-assisted bicycles, or generally the use of “clean” means of transport): in relation to this, Users do not acquire any rights, however, they may benefit from incentives, discounts, gifts, vouchers related to products within the scope of sustainable mobility possibly made available by partner companies, which can be identified through the presentation of the certification of the kilograms of CO2 objectively saved from the environment, or, in the case of participation in a Mission, benefit from what is established by its Regulation (discount vouchers or financial incentives).
Using the benefits provided by partner companies results in the reduction of the available CO2 kilograms for individual users to “spend”: to obtain further advantages from partner companies, the User must continue to maintain virtuous behaviors and save additional kilograms of CO2 for the environment. The kilograms of CO2 not “spent” within a year from the measurement will anyway be reset to zero.
A User can register only one account in their name: in having their own username and password used and stored on their devices for their identification each time they access the Services, they assume full responsibility for their confidentiality; it is necessary to keep credentials secret and secure to avoid potential abusive exploitation (such as identity theft) by third parties. Wecity reserves the right to request further or other methods of identification that should become available with technological advancement.
The creation and/or simultaneous use of multiple accounts linked to the same individual may result in the immediate suspension of all User accounts, up to exclusion from the use of the Services and the resetting of the saved CO2 thresholds without the User being able to oppose or claim damages or compensation.
The license does not apply to the database or to the trademarks or other rights of Wecity: all intellectual property rights related to the App, the Site and its database, including (but not limited to) copyrights, trademarks, industrial designs, patents, and trade secrets, are the exclusive property of Wecity s.r.l..
Links and Commercial Information
Wecity may incorporate into its site or app information about products and services of partner companies. Wecity cannot guarantee their reliability or accuracy; the contents published by partner companies do not constitute a recommendation or encouragement by Wecity to acquire the goods or services advertised by the partner companies, which assume all responsibility.
Wecity’s Disclaimers of Liability
The Services are made available to Users “as is” completely free of charge: Wecity s.r.l. therefore assumes no responsibility for their use, functioning, or any damages that Users might claim to have suffered as a result of their use.
Wecity s.r.l. commits to ensuring the availability of the Services 24 hours a day, 7 days a week; nevertheless, access may be interrupted during maintenance operations, physical or computer updates, urgent site repairs, as well as following circumstances beyond the control of Wecity s.r.l. (such as, for example, malfunctions in connections and telecommunications systems). Wecity s.r.l. undertakes to implement all appropriate measures to limit these disruptions, where they fall under its direct intervention and control capabilities.
Wecity makes every effort to provide high quality and satisfactory service. However, it does not guarantee that the Services will operate uninterrupted or error-free, nor that they will always be available, secure, protected from unauthorized access, immune from damage, free of malfunctions, errors, or failures, including – but not limited to – hardware failures, software errors and software communication errors due to the servers on which the Services reside or any of its suppliers.
Wecity may, with full right and without any limitation or obligation to pre-inform Users, partially or fully modify, adapt, or change the Services, the extent and availability of their features, the related software, the interface and design, and any other connected aspect: in relation to this, no complaints, requests, or compensation will be considered.
Officials, directors, shareholders, employees, suppliers, subcontractors, partner companies, supervisors, agents, and generally collaborators of Wecity and Wecity itself cannot be considered responsible for direct, indirect, accidental, or consequential damages or other damages, loss (including loss of profits and data loss), costs, expenses and payments, non-performance, or any other form of liability arising from – or in connection with – the use of – or the inability to use – the Services.
Even more so, Wecity cannot be held responsible for damages arising from or related to the content of services, products, or information made available or coming from third parties, or for any defect or failure in communication with the Services or with other Users through the Services, nor for the denial or deletion of a User account.
Users, however, recognize and accept that Wecity s.r.l. assumes no responsibility for any unavailability, suspension, or interruption of the Services and cannot be held responsible for any direct and indirect damages of any nature resulting from such a fact.
To use the Services, transmit and receive information, a data connection will also be necessary: the costs of such connections are regulated by the contract existing between the Users and their communication service provider (mobile phone operator) and according to the applicable terms: the related costs are the responsibility and expense of the Users and in no case can they be attributed to Wecity s.r.l..
The User accepts and acknowledges to assume full, sole, and exclusive responsibility for the use of the Services, which remains entirely at their own risk and peril.
Limitations on the Computer Use of the Services, Software License, and Distinctive Signs
Any use of the Services not in accordance with these Conditions, such as copying, printing, saving, or otherwise using data from the Site or its databases, is prohibited. Scraping, data mining, screen scraping, and data aggregation in any way extracted from the Services’ databases, indexing are not allowed; therefore, no robot, spider, gopher, scraper, or other automated tools may be used to access the Site or the Services database for any purpose.
Copying, distributing, publicly displaying, offering to the public through communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling, or renting any part of the Services and their computer substrate, in any way or means without the prior written consent of Wecity s.r.l. is strictly prohibited.
The name “Wecity,” the Wecity logo, and any other trade and/or service marks are the property of Wecity s.r.l. and may not be used in any of the aforementioned ways without the prior authorization of the same.
Duration of the Agreement, Termination of Services, and Account Deactivation
The agreement becomes effective and valid from the moment the registration procedure is completed and ceases with the uninstallation of the app from one’s devices and the actual deletion of the User account from the Services upon request of the same, who may stop using the Service at any time and for any reason, or due to intervention by Wecity in cases where it is required by law or – at its sole discretion – in the case of violation of these Conditions.
Wecity reserves the right to block access to the Services and to stop their use, at any time and for any reason it deems appropriate, at its sole and exclusive discretion. Furthermore, it reserves the right to share personal information or information belonging to Users in the following circumstances:
- If intentionally illicit or erroneous information was provided during registration;
- If engaged in any harmful or potentially damaging act to Wecity, other Users, or third parties, including but not limited to suppliers or partners of Wecity;
- If the Services were used or attempted to be used for an illegal act, or an act that appears illegal, or if the use of the Services allows, facilitates, assists, or encourages the perpetration of such acts;
- If sharing the information becomes necessary to satisfy an order from a judicial or administrative authority;
- If it is necessary to share information with the aim of identifying, preventing, or otherwise addressing technical issues, security breaches, or instances of suspected fraudulent offenses.
However, it is advised to close the account in case of inactivity for more than 12 months where possible.
Travel Conditions, Specific Agreements Between Users in Relation to Carpooling, Insurance
The Wecity app allows Users to collaboratively do good for the environment by reducing the number of cars on the road through adopting occasional or regular carpooling travel methods on certain routes.
The simultaneous activation of the Wecity app certifies the shared route by Users who decide to travel together on the same means of transport to share part or all of a journey at specified dates and times, whether it be regular or one-time.
The offer of a seat to another User on the means of transport to share the carpooling route, not being offered professionally or for profit in any case, cannot be considered as a transport activity.
Users are not allowed to use the Services commercially, resell them, rent or lease them, offer a paid ride, integrate them into their own economic activity, or otherwise for the purpose of gain or profit: the User who offers availability on their means of transport may possibly ask for reimbursement of part or sharing of expenses or a voluntary offer, but these are specific agreements between Users in which Wecity does not participate and no involvement of the latter should be considered existing in regard to the same.
Users may establish further travel conditions for which they fully assume the risks involved: in no case can Wecity be considered part of these agreements, nor can it be called to answer for them or be held responsible for any direct or indirect consequences that occur during participation in Carpooling or for harmful negligent or intentional behaviors of Users or anyone else.
In particular, the User who makes a seat available on their means of transport must be insured as per law, possess the necessary driving license suitable for the means of transport provided, and fully respect the Highway Code as well as all applicable regulations, assuming all responsibility towards the Passengers.
The User must therefore bear all the financial consequences arising from the possible absence of coverage by their own insurance in case of any damage or accident, without Wecity being held responsible or called to answer for the incident in any way.
In case of violation of the above rules, Wecity reserves the right to immediately deactivate the User’s account.
Wecity may freely modify these Terms: any changes will be made known through a notice that will be published in the updated version as well as on the website. Continued use by Users implies explicit approval and acceptance by conclusive acts: if you disagree, you must stop any further use and proceed to cancel your registration.
Applicable Law – Disputes