EXPERT: EXPERT: any natural or legal person who, on an occasional or professional basis, offers his/her performance using the KOKOLOSA platform, according to the conditions defined by the same person, after acceptance of the general and special conditions applicable to the Expert.
EXPERT PROFESSIONAL: who professionally exercises an activity.
PLATFORM: technical platform that puts Customers and Experts into contact on the website www.kokolosa.com, administered by the company NINIVAGGI TECHNOLOGIES S.R.L.S.
THIRD PARTIES: any natural or legal person or third party and anyone else other than Kokolosa, the Expert or the Customer.
SERVICES: service of a technical nature offered by KOKOLOSA, which allows direct contact between Customer and Expert.
TASK / PERFORMANCE: provision of services by the Expert to the Customer.
ANSWERS: information, educational and training activities carried out by the Expert following a question by the Customer.
CUSTOMER/USER: any natural or legal person who benefits from the services provided by the Expert and who has accepted the general and special conditions applicable to the User.
SITE: www.kokolosa.com and mobile application.
KOKOLOSA: NINIVAGGI TECHNOLOGIES S.R.L.S.S. company (P. I. I. 07958700721) located in Altamura (BA) at 52 via Bari, which owns and manages the website www.kokolosa.com.
CHAT/COMMUNITY: the virtual place where interactions take place between Site members.
These general terms and conditions of service define the general framework applicable to the Users of the Site, subject to any special conditions applicable. The use of the Site is subject to these general conditions. By adhering to these conditions, Users declare that they accept all the general terms and conditions of service without reservation. Accordingly, signing and/or validation of online registration screens implies the acceptance by the User of these general and special conditions. Any connection and use of the KOKOLOSA Services is subject to compliance with these general and special conditions, and User can download them from the Site www.kokolosa.com. KOKOLOSA reserves the right to assign and/or transfer to third parties all or part of the rights and obligations arising from this relationship between Users and KOKOLOSA.
KOKOLOSA has developed and designed an online digital platform accessible through the Internet, which allows all Users to get in touch with each other, Customers to interact with other Customers and Experts and to buy answers from Experts. The use of the platform is accessible through the Site www.kokolosa.com. The access to the Site is absolutely voluntary and it gives the user, depending on the case, the status of Expert and/or Customer. The Site has purely informative and educational purposes, as it allows Customers to ask questions and Experts to respond. The Experts, upon acceptance, decide which questions they want to answer in the times and ways indicated on the Site. In particular, KOKOLOSA provides the Customer and the Expert with a personal and non-transferable license to use the Services on the Site, as well as a support service. The role of KOKOLOSA is to act as a technical intermediary in order to provide a virtual space that allows Customers to access the performance of the Experts and the Experts to provide their Services. KOKOLOSA is therefore not a contractual party for the conclusion and execution of the performance between Expert and Customer. Please note that KOKOLOSA is not involved in any way in the conversations between Customers and Experts, and it associates with automated procedures the Customer to the Expert and it does not recommend or compel Customers to contact some Experts in particular. The Customer shall read the conditions carefully before accessing and using any services of the Website under his sole responsibility. The use of this Site implies full acceptance of the provisions included in these "Conditions" in the version published on the Site when the Customer accesses it. The use of this Site (particularly the access to your personal account, the management and modification of your data or the information that the portal offers to companies or studies) implies that Customer accepts the publication on the Site. The Experts are not employees or agents of KOKOLOSA but they are independent service providers who use the Site to sell their knowledge and competence through answers to the Customers, and as such together with them, are to be considered Users of the Site. The services provided are not an emergency service, in other words they are not addressed to situations requiring immediate intervention. Actually, in these cases, it is useful to make use of emergency centres and/or their local authorities. The services cannot also be provided in cases of severe depression, suicidal thoughts or intentions aimed at harming oneself or others. The Customer assumes full responsibility for the use of our service. The Customer acknowledges and understands that KOKOLOSA cannot alter, modify, filter, approve or guarantee the content of messages. KOKOLOSA is not in any way responsible for any acts or omissions of the Experts, contained in the messages, or the ability of the Experts to answer questions. We cannot guarantee that an Expert will complete the transaction. Notwithstanding the foregoing, KOKOLOSA reserves the right, but it is not obliged, to refuse to publish or remove any content and/or to prevent the Customer from accessing the Site. The Customer and the Expert acknowledge that the obligations assumed by KOKOLOSA constitute obligations of means and not of results and that the conclusion of the transaction through the Platform commits the Customer and the Expert to pay what is due to KOKOLOSA for the service provided.
The use of KOKOLOSA implies the prior and regular registration to the Platform and the Site, which is mandatory for each Customer. To this end, the Customer must communicate to KOKOLOSA, in a truthful and correct manner, his/her personal data and any information deemed useful or necessary by the Site operator for his/her exact identification. The Customer, in the event that a change is necessary, must update his/her information accurately and completely. In the event that the Site Operator deems it necessary and appropriate, the Customer may be removed from the platform immediately. Access credentials are strictly personal and intended for private use only. It is the Customer's responsibility to take the necessary precautions to protect such information. The Customer therefore undertakes not to communicate these data in any way to third parties. The Customer is the sole responsible for their custody and shall be responsible for the use and conduct of anyone who accesses his/her Personal Account, even without his/her knowledge. The Customer undertakes to immediately modify his/her Access Credentials if he/she believes that their security has been compromised or if an unauthorized person has or may have had actual or potential access to his/her Credentials. The Customer must also immediately inform KOKOLOSA, which, following the notification and as a precautionary measure, will suspend access to the Service by means of the credentials in question. KOKOLOSA reserves the right to ask Customers to modify all and/or part of the Access Credentials, if necessary or appropriate for regulatory, technical or security reasons, without the Customer being able to object and/or claim any compensation.
It is expressly understood that KOKOLOSA will not assume any responsibility in relation to the activities that will be carried out by the Expert or Users through the IT services made available on the Site and in reference to all collateral activities related to the same, none excluded, including those relating to any external relations that may arise as a result of the contact on the Site.
The Site is a forum on the Internet and the information contained in the questions, answers, profiles and comments posted on the Platform is not confidential and other people can read, collect and use it. For example, search engines are able to index questions, answers and other publications to allow them to appear in search engine results. To protect privacy, Customer may use an anonymous name that does not include information about his/her identity.
The Expert shall be solely responsible to the Customers for the skills and abilities declared and no objection may be raised against KOKOLOSA for the accuracy, correctness, completeness of the contents of the responses and/or for failure to update the professional profiles of the Experts published on the Website, except in cases in which the Expert has made an express request for updating at www.kokolosa.com and the latter has not promptly complied with it. Each Expert, depending on the declared competences and the selected field, receives credentials for the categories in which he answers the questions. Experts' credentials can be verified directly on their profile. If it does not appear, the Expert is not checked. The sole purpose of using the term KOKOLOSA Expert on the Site is to identify the users of the Site who answer the questions and not to guarantee a certain level of knowledge, experience or reliability of the same. Please note that KOKOLOSA is not able to verify the credentials and/or identity of the Experts. Therefore, KOKOLOSA does not guarantee or ensure the truthfulness or accuracy of credentials or the identity of the Experts and the information provided by them. The Customer acknowledges that KOKOLOSA will not be liable for any loss or damage caused by reliance placed on any information or content contained in the messages and answers formulated by the Expert.
The answers provided by the Experts will have informative, educational and formative content. The content of the answers provided by the Experts, under no circumstances, may replace a consultation, examination or diagnosis of a Professional. Any invitation and/or suggestion to use the Services shall not imply KOKOLOSA in the provision of the Services. The answers provided by the Experts must be used by Customers for information purposes and do not replace, in any case, the evaluation of a Professional (medical, legal, veterinary, fiscal, financial, etc...). For example, legal experts will only provide general information about the law and will not provide legal advice. Medical and veterinary Experts shall only provide general information, which shall not be medical advice or medical diagnostic or curative instructions and no doctor-patient relationship shall be established through the answers provided by the Expert. The answers provided by the Expert must not in any case replace the advice, examination, diagnosis or professional treatment received by a doctor. By answering the questions, the Experts do not intend to establish any kind of relationship between lawyer-client or doctor-patient relationship with the Customers of the Site and in any case any kind of professional-client relationship shall be deemed established on the Site. Laws, regulations, other government authorities, rules, practices and procedures applicable to your question in particular may vary depending on your location or country. Communications on the Site are non-confidential and must not be subject to any associated privileges. KOKOLOSA does not guarantee the originality of the answers provided by the Experts, therefore, it cannot be considered responsible in case of plagiarism or in case third parties claim authorship of works covered by copyright. In any case, the Expert is exclusively and directly responsible for the activities provided to the Customer and financial and non-financial damages can only be claimed against him/her.
The Customer may be required to provide more information to the Expert to enable him/her to satisfy his/her requests in the best possible way. Once the Expert has answered the question, the Customer will be asked to evaluate his/her performance on a scale of 1 to 5, as well as explain why he/she is not satisfied with the answer, to allow the Expert to improve. KOKOLOSA, in any case, does not guarantee for the reply of the Experts nor for Customer satisfaction. The Customer must inform KOKOLOSA of any failure by the Expert to reply.
KOKOLOSA, allows interaction between Customers and Experts and a paid service that allows the former to formulate questions and the latter to answer. It facilitates interaction between Customers and Experts by online chat, email and online forum. The costs of the Services will be visible on the Site and will vary depending on the features/benefits of the reply selected by the Customer. The Customer acknowledges that the contact does not constitute acceptance of an offer and that the conclusion of the transaction is subject to acceptance by the Expert, who is in no case obliged to accept all the requests for contact addressed to him or her.
KOKOLOSA makes available to Users a Digital Platform and a free Chat on the Site. Users, subject to confirmation of the username and password previously assigned to them, may, by accessing the Community, create their own profile, and through Chat they may interact with each other, exchange messages, express opinions and share impressions about activities and/or services on the Site. Logging in requires the use of a user name and password or non-transferable, selected by the User. He/she will be solely responsible for the secrecy and misuse of credentials.
The User declares himself the exclusive and legitimate owner of the intellectual property rights relative to the contents and information published in the Community, which may be reproduced, distributed and disseminated by any means on a worldwide scale, expressly releasing KOKOLOSA from any claim and/or responsibility in this respect. For this purpose, the User grants KOKOLOSA a non-exclusive, transferable, royalty-free, worldwide licence to use the photo/video content published on the Site. The license ceases to be effective when the account is deleted by Users. Through the publication and sharing of content, the User grants everyone, including non-registered members, access and use of such information. The User will be solely responsible for the use of the services and contents inserted, in full compliance with the applicable laws - including, inter alia, copyright laws - the rules and regulations, as well as for any damage and prejudice caused to KOKOLOSA or third parties, resulting from the violation of these "General Terms and Conditions of Use". To give an example, it is forbidden to publish on the Site any: a) illegal content under national, Community or international law; b) threatening, disparaging or intimidating content; c) content which violates fundamental human rights and human dignity; d) content which conflicts with the principles of child protection; e) content that violates the laws protecting privacy, consumer protection rules and intellectual and industrial property rights; f) violent, total or partial nudity, discriminatory, hate, pornographic or sexually explicit allusive content. KOKOLOSA is not able to monitor or control the Content posted on the Site and as such, it assumes no responsibility in this respect. Nevertheless, it reserves the right to delete any Content that it deems inappropriate or otherwise complies with the above characteristics. In addition, KOKOLOSA does not guarantee the completeness, truthfulness, accuracy or reliability of the Content or communications posted on the Site or the opinions expressed through it.
The Content published by Users is an integral part of the Platform and therefore subject to KOKOLOSA's non-exclusive intellectual property rights, specifically the rights of reproduction, transformation and worldwide distribution of the content. To this end, the User, by accepting these terms and conditions, expressly declares his/her willingness to freely transfer the contents to KOKOLOSA free of charge. The User also agrees that third parties, not registered to the Community, may access and use the information and content published. When the User deletes intellectual property Content (e. g. photos/video), it is possible that it will be stored as backup copies for a certain period of time (although not visible to others). These rights or licences are granted worldwide and for the entire legal duration of the protection of the rights of the User. KOKOLOSA shall not be obliged to verify and/or guarantee the diligent and/or prudent use of the Site in accordance with these Conditions. Likewise, it shall not be required to verify the identity of Users, nor the truthfulness, validity, completeness and/or authenticity of their personal data, who expressly undertake to provide KOKOLOSA with truthful data that corresponds to the real condition of the User. With the exception of the above, KOKOLOSA reserves the right to limit, in whole or in part, access to the services to certain Users, as well as to delete, suspend, block, modify or delete certain types of Content, or delete the account of Users who make improper use of the Platform.
Use of the Social Service may only be made in accordance with these Terms and Conditions and all applicable laws, rules and regulations. KOKOLOSA aims to create a virtual place where interaction between all Users of the Site is possible. KOKOLOSA, subject to these terms and conditions, undertakes to provide Users with a limited, revocable, non-exclusive license to use the Site and Chat. The User agrees that KOKOLOSA and its suppliers and third parties may place advertisements on the Platform or in connection with viewing Content or information from the Services provided by Users. By accepting these terms and conditions, the Users declare that they are aware that they have no right, even of an economic nature, with respect to the advertisements published on the Site which are exclusively pertaining to KOKOLOSA. KOKOLOSA undertakes to ensure, as far as possible, the safe use of the Site and Chat, also with the contribution of Users who, by accepting these Terms and Conditions, undertake not to: a) denigrate, intimidate or annoy other members; b) publish content that is threatening, pornographic, inciting hate or violence or that contains images of nude or explicit or gratuitous violence; c) publish unauthorized commercial communications (e. g. spam); d) upload viruses or other harmful codes; e) take any action that might prevent, overburden or compromise the proper functioning or appearance of the Site.
KOKOLOSA cannot be held liable - even after the cancellation or termination of the Contract for any reason - in any case for any damage directly and/or indirectly related to: a) contents published by the User; b) use and inability to use the services; c) any errors or malfunctions of the services; d) any damage to computers, mobile devices of the user, including for example, damage caused by viruses, bugs, tampering, fraud, etc. KOKOLOSA does not guarantee the availability, continuity and infallibility of the operation of the Community and, therefore, excludes any liability deriving from damages and prejudices of any nature attributable to the unavailability or discontinuity in the operation of the services it enables, as well as attributable to errors of access to the various web pages or pages where these services are present. It alerts users that for maintenance and security reasons, as well as unforeseen and unpredictable events (such as anomalies in public communications networks, blackouts, etc.), short anomalies or the temporary suspension of Community services may occur. Likewise, KOKOLOSA will never be responsible for the opinions expressed by Users through the portal, forums, the Community.
Users are responsible for their actions and omissions and for the content posted on the Site. KOKOLOSA shall not be liable for any disputes that may arise between Users of the Site.
KOKOLOSA is the sole owner of all rights and interests of the Site and any Intellectual Property related to it, including the resulting development and maintenance services. The Site, the Platform and the information contained therein are the property of KOKOLOSA. It is forbidden unauthorized copying and distribution in violation of Intellectual Property Rights. The User shall not have any rights against KOKOLOSA on the ownership of the software and the software maintenance services that will be managed directly by the same or by authorized subcontractors as well as on the data and information owned by KOKOLOSA. The User acknowledges and, unless otherwise expressly agreed between the parties, accepts that KOKOLOSA may include its logo in communications addressed to Users who use the Site Services.
The Contract does not grant the User the right to use the trademark of KOKOLOSA as well as the trade name, sign or slogan or other distinctive sign of KOKOLOSA for brochures, advertising or other forms of communication having an informative and/or formative character, without prejudice to the mandatory limits of the law and the regulations in force.
KOKOLOSA may offer its Users products and services offered by third parties sites. The User agrees that KOKOLOSA and its third-party partners may place advertisements on the Platform. Therefore, he/she assumes full responsibility for the decision to visit third parties Sites, relieving KOKOLOSA of any claims for damages resulting from such actions. The User is responsible for evaluating the accuracy, completeness and usefulness of any opinion or other content available on the Site, from third parties or from a linked Site.
The User agrees to use the Site with caution and common sense, exonerating KOKOLOSA from any liability for harmful actions or omissions. KOKOLOSA is not responsible for any information or content posted by Users, which may be offensive, harmful, inaccurate or misleading. KOKOLOSA shall not be obliged to verify and/or guarantee the diligent and/or prudent use of the Site in accordance with these Conditions. Likewise, KOKOLOSA shall not be obliged to verify the identity of Users, nor the truthfulness, validity, completeness and/or authenticity of their personal data, who expressly undertake to provide KOKOLOSA with truthful data. Without prejudice to the above, KOKOLOSA reserves the right to limit, in whole or in part, access to the services to certain Users, as well as to delete, suspend, block, modify or delete certain types of content, or delete the account of Users who make improper use of the Site.
The Platform's services are provided as they are without warranty of any kind, whether implied or explicit. No oral or written information obtained through this Site will be a warranty of truth and validity, unless expressly stated by KOKOLOSA. KOKOLOSA does not guarantee the availability, continuity and infallibility of the operation of the Site and, therefore, excludes any liability deriving from damages and prejudices of any nature due to the unavailability or discontinuity in the operation of the Site and the services enabled on it, as well as due to errors in access to the various web pages or pages where such services are present. Under no circumstances KOKOLOSA shall be liable for any loss or damage caused by information obtained from the Site, from third parties or from a linked Site.
Subject to the mandatory limits of law, the User shall be liable for any loss and/or damage and infringement of intellectual property attributable to him/her, undertaking to indemnify and hold KOKOLOSA harmless from any liability in this respect, even after the cancellation or termination of the Contract for any reason due. The User also declares to release KOKOLOSA from any liability arising from the unlawful acquisition of any information/image/sound, or from any event harmful to him/her or to third parties suffered during the use of the Platform. The User accepts that KOKOLOSA will not be in any way responsible for the malfunction of the Platform and/or the devices used by the User regardless of the functioning of the Platform and for any damage, direct and/or indirect, loss and/or disruption that may result from the improper use of the Platform and the device used and/or from the modification of the operating system and/or the activation of particular functions and/or any other cause attributable to the User.
The User is solely responsible for the activity carried out on the Site and agrees to indemnify and hold KOKOLOSA harmless from any claim or threat related to or arising from the use or abuse of his/her participation in the Services and/or Site. In addition, he/she undertakes to use the Services exclusively for lawful purposes permitted by the applicable legal provisions in force, by customs and habits, by the rules of diligence, in any case without prejudice to the rights of any third party and paying particular attention to data protection rules, laws on the protection of intellectual and industrial property and telecommunications regulations. The User shall also assume full responsibility for the content of the messages and texts sent, relieving KOKOLOSA, as well as the parties connected with or controlled by it, its representatives, employees and any partner of KOKOLOSA from any resulting request for damages or recourse, and refunding KOKOLOSA for any costs arising from third-party claims or actions against it for damages caused by the User or by persons authorised by it to access the Services, as well as refunding it for any charges, damages, costs, expenses (including legal costs) and/or prejudicial consequences due to the illegal or otherwise non-compliant use (including cases of slight negligence).
KOKOLOSA reserves the right to make, at any time and at its sole discretion, modifications, additions and/or updates it deems necessary and/or simply appropriate to the Site, Services, policies and these General Conditions. The User shall be subject to the policies and terms of the General Conditions in force from time to time at the time he operates on the Site or requests services, unless any changes are not required by applicable law or by the competent authorities (in which case, they shall also apply to the activities previously performed by the User). Any partial or total nullity of one or more clauses of these conditions shall not invalidate the other clauses; in this case the parties undertake to replace the clauses declared void by other valid ones with the same or similar meaning and content. Any tolerance of one of the parties to the other party's behaviour, which constitutes a violation of the provisions of this contract, shall not constitute a waiver of the rights deriving from the provisions violated, nor of the right to demand the proper performance of all the terms and conditions established by the contract.
Users who do not receive answers to the questions asked to the Experts or who are not satisfied with the service rendered, are entitled to make a claim to KOKOLOSA. Claims shall be sent by e-mail to: email@example.com entering your User name or email address used to register to the Platform. KOKOLOSA will assess, at its sole discretion and only in the presence of objective and motivated reasons supporting the claim, the possibility of granting the User a refund, in whole or in part, of the performance. In any case, the refund will be excluded if claimed more than 30 days after payment by the User. Claims will be handled by KOKOLOSA within 30 days of receipt of the above communication, unless it is the responsibility of the complainant, in case of contention, to prove that the application has been sent.
The Contract is governed by Italian law. For the resolution of disputes arising from the Contract, the Bari Territorial Court applies. The Italian text of this contract is authentic in the original version.
The User is strictly forbidden from assigning the Contract and/or any rights deriving from it, including credit rights. The User guarantees from now on to fully comply, by any collaborators and/or authorized subcontractors, with all obligations set forth in these Terms and Conditions, assuming, jointly and severally with them, any direct and indirect responsibility towards KOKOLOSA; on the contrary, he/she agrees that KOKOLOSA may transfer these Terms and Conditions to third parties, with or without notice.