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The following governs the agreements applicable to the use of the website www.misteralert.com and is also valid for all its subdomains for other countries.
CONTRACT FOR THE USE OF THE PLATFORM
Applicability: this contract for the use of the platform is drawn up by Mister Alert s.r.l. with headquarters in via Clavature 18, 40124 Bologna (BO), Italy and which is registered with the Chamber of Commerce of Bologna (BO) with VAT number 04059411209.
These contractual conditions govern the purchase by the user of subscriptions, provided by Mister Alert, relating to the monitoring of web pages.
By using the platform, the user enters into a binding contract with Mister Alert. The latter reserves the right to modify this contract for the use of the platform. The user is required to provide his/her consent in the event of any changes to the contract for the use of the platform before its use.
Through its digital platform, Mister Alert offers a web page monitoring service for specific websites that allows the user to purchase tickets for events (concerts, museums, sporting events). The monitored websites are the official ticket sales platforms to which users are then directed for purchase.
Following monitoring, the user can receive notifications that warn him/her of new ticket availability, always and only on the aforementioned platforms.
To register and create the relevant account, the user must fill out the appropriate form, entering his/her personal data requested therein, as well as an e-mail address and a mobile number. It is absolutely and strictly forbidden for the user to enter, for the purposes of registering on the platform, personal data of third parties, false, invented, imaginary and/or, in any way, untrue data. All personal data must be filled in truthfully. Each user can only register on the platform once. It is therefore absolutely and strictly forbidden for the user to create multiple accounts referable to the same person, natural and/or legal, and/or to companies and/or entities of any kind, even through the use of data corresponding to the truth. The user also undertakes to hold Mister Alert harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the prohibition referred to in this article. It is the user's responsibility to keep their access credentials secure.
The information on the processing of personal data is contained in the privacy policy of this platform.
The Mister Alert platform service is intended for personal use only. Improper use of the platform by commercial operators or in any case by users who make any use of it other than personal use is absolutely prohibited. Mister Alert reserves the right, at any time and without notice, to cancel the accounts of those users who make fraudulent use of it. If Mister Alert even suspects that the user is not respecting the contract for use of the platform, it reserves the right to deny (permanently) access to the platform and the platform service.
Mister Alert offers only the monitoring service of the web pages of the main ticket sales platforms. Mister Alert assumes no responsibility in the event of failure to purchase tickets following a lack of or incorrect notification. Even a correct notification does not automatically imply that the subsequent purchase by the user will be successful. Mister Alert is also not responsible for the consequences due to (any) inaccuracies in relation to the platform service or the platform. Mister Alert also reserves the right, without prior notice, to suspend, limit the use or interrupt the platform service without having to provide any explanation and without this giving rise to any claims against Mister Alert.
The contract is conditional on the payment of the total amount. In the event that such payment does not occur, the contract will therefore be considered terminated by law. The user will be notified of such termination and the consequent cancellation of the order immediately after the transmission of the order, via the platform and/or via email. Mister Alert reserves the right to refuse or cancel orders that come from a user with whom it has: 1) an ongoing legal dispute 2) a user who has previously violated the conditions and/or terms of the contract 3) a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments 4) users who have provided false, invented, imaginary, incomplete or in any case inaccurate identification data and/or in any way not corresponding to the truth or referring to third parties. Once the order form has been registered, Mister Alert will send the customer, to the indicated email address, the order confirmation containing: the essential information relating to the purchased subscription, the detailed indication of the total price paid, as well as the information relating to the customer service contacts to which the user can turn to request assistance and/or submit complaints. The order confirmation email constitutes the confirmation of the contract concluded on a durable medium pursuant to art. 51, paragraph 7, of the Consumer Code; the Customer acknowledges and recognises that, by sending this email, Mister Alert has fulfilled the documentation obligations incumbent on it and that, therefore, the customer is bound by the contract and is, in particular, required to pay the total amount, regardless of receipt of the order confirmation email, which depends on third parties and/or factors that are outside the sphere of control of Mister Alert (e.g. email provider used by the user).
If, on the platform, the user completes the purchase of a subscription, a contract is stipulated between the user and Mister Alert. During the entire subscription period, Mister Alert will monitor the web pages of the sales platforms chosen by the user and, in the event of new availability, will send the user a WhatsApp notification and an email at the same time.
It is specified that, within an active subscription, the number of notifications that can be received is unlimited.
The subscription can last for:
Alternatively, and as a recommended choice, the user can choose to keep the subscription active until the day of the event.
In the case referred to in points 1, 2, 3, the user can, at the end of the subscription, choose to renew it, always referring to the options above.
If the monitored event takes place within 30 days of the subscription, the price will be proportionate to the actual days remaining until the event itself.
WARNING: The purchase of the subscription is not subject to the right of withdrawal provided for by the Consumer Code (art. 47 and 59 Legislative Decree 206/2005). It is explicitly stated that, regardless of whether or not the user has purchased the desired tickets, the cost incurred for the subscription itself will not be refundable in any case, even partially. For further information, see the section “Exclusion of the right of withdrawal”.
Upon expiration of the subscription, there is no automatic renewal. If the user wishes to continue monitoring beyond the natural expiration, he/she will have to proceed with the activation of a new subscription.
The price of each subscription is variable, and is influenced by these factors:
The minimum price of each subscription can never be less than €5.99.
Mister Alert reserves the right to change the price of each subscription offered at any time and without notice.
The user who intends to purchase a subscription must:
The buyer will then receive a summary email confirming the purchase order from Mister Alert, with all the instructions for correctly receiving notifications.
It is specified that, within a single subscription, it is possible to monitor multiple dates as long as they are all of the same artist/group.
If you wish to monitor dates of different artists/groups, it will be necessary to activate multiple subscriptions, one for each artist/group.
The user can choose which types of sectors to monitor. Specifically, the following options can be chosen:
Mister Alert reserves the right, without prior notice and at any time, to change this search setting.
If the user, with the subscription already activated, decides to change his mind about the choice of sectors, he must make an explicit request by sending an email to info@misteralert.com
Mister Alert will change the sector, without any additional cost to the user.
Mister Alert can make promotional codes available to users, which can be “disposable” or reusable within a certain period of time.
To apply the promotional code, you must enter it in the appropriate field before completing the order.
It is specified that, within a single subscription, promotional codes are not cumulative.
The creation, method of use and value of promotional codes are at the sole discretion of Mister Alert.
If necessary, Mister Alert reserves the right to block registrations and/or insert a limited number of registrations for one or more events without prior notice. This is to prevent too many users from monitoring the same event.
Payment for subscriptions purchased on the platform can be made using the SATISPAY application or by credit cards from the VISA, MASTERCARD and POSTEPAY circuits. The Total Amount owed by the user to Mister Alert is charged when the order is sent. Payment processing services in relation to subscription sales concluded on Mister Alert are provided by Satispay or Nexi ("Supplier"). By accepting this contract for the use of the platform, the user agrees to be bound by the contract for the supplier's services, which may be modified from time to time by the latter. In order for the provider to provide its payment processing services efficiently, you agree to provide it with complete and accurate personal information. All payments are handled independently by the Provider, therefore Mister Alert does not collect payment data such as credit/debit card numbers. In the event that the payment is refused by the payment service provider, Mister Alert reserves the right to cancel the order and charge the user for any costs or commissions resulting from the refused payment. In order to guarantee the security of payments made on the Site and to protect against any fraudulent use of credit card data, the 3D-Secure procedure introduced by the European Directive 2366/2015 (SPD2) is applied. More specifically, the 3D-Secure procedure requires that browser data, credit card data, address data (billing address, email address), as well as the transaction amount and currency, are transferred to the credit card issuer. This institution processes the data received to determine the risk of fraud of the transaction, taking into account the amount and the result of the calculation. Possibly, depending on what has emerged, the credit institution may request the credit card holder to authenticate the payment transaction, for example via a transaction authentication number or via App.
In the event of a complaint regarding the platform or the platform service, please send the same (formulated as completely as possible) to the address info@misteralert.com.
Mister Alert informs that pursuant to art. 59, paragraph 1, letter n) of the Consumer Code, the right of withdrawal referred to in art. 52 et seq. of the same Consumer Code does not apply to transactions carried out via the Mister Alert Service. The Consumer, in fact, acknowledges that since the Subscription Contract with Mister Alert is the subject of products and services relating to free time to be provided on a specific date or period of execution, pursuant to art. 59, letter n) of the Consumer Code, the right of withdrawal does not apply. It is also specified that Mister Alert does not provide for any reimbursement, even partial, of the cost of the subscription purchased.
The user can interrupt the receipt of notifications at any time, either directly (at the same time as their arrival) or by making an explicit request to Mister Alert at info@misteralert.com
The receipt of notifications, within an active subscription, can be restored at any time by following the procedures above.
You agree not to disclose any information, data or content through the Platform that may violate any law or regulation. In addition, you agree not to:
access restricted/protected areas of the Platform;
send viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertising of any kind and for any purpose;
monitor, scan or test the vulnerability of the Platform or any other related system or network, or act in breach of any security or authentication.
Mister Alert reserves the right to change the Terms at any time. In such case, Mister Alert will give appropriate notice of the changes to users.
Use of the platform implies acceptance of the updated Terms by the user. If the user does not wish to accept the changes, he/she must stop using the service. Failure to accept the updated terms may result in Mister Alert being entitled to withdraw from the agreement.
If required by applicable law, Mister Alert will specify the date by which the changes to the Terms will come into force.
The contract is subject to Italian law. Please note that in the case of a consumer user, any dispute relating to the application, execution and interpretation of these GTC or the Contract will be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
The user is free to close his/her account at any time. To do this, simply send an email to info@misteralert.com.
Last updated: March 15, 2024