InTaxi - Terms and Conditions
GENERAL CONDITIONS OF USE OF THE APPLICATION "INTAXI"
Updated 12/29/2022
IN TAXI S.C.A.R.L. in the person of its legal representative, with registered office in Milan (MI), Via Murat 23/25, tax code. and VAT number 09955220968, email address info@intaxi.it, hereinafter also referred to as inTaxi, has prepared a software application dedicated to mobile-type devices called inTaxi - hereinafter also referred to only as "application" or "app" - executable in both IOS and ANDROID operating environments, which can be downloaded free of charge by the user on smartphones connected to the Internet, which allows the user himself/herself to book the service of transporting people by cab performed by drivers who provide the transport service in full autonomy and responsibility being the object of the service of the application the connection of the requesting user with the driver, through said application, under the following terms and conditions.
SERVICE PROVIDED BY INTAXI APP
IN TAXI S.C.A.R.L. provides the user with the software application dedicated to mobile type devices that can be connected to the Internet called inTaxi, which, when available, allows the user to request the service of transporting people by a cab, pursuant to Articles 1678 et seq. of the Civil Code, subject to the availability of the means at the time of the request, directly or through inTaxi's partner radio cab operators. The application allows the cab driver to detect the location of the requesting user, which is transmitted to the driver with the personal data entered by the user for his own identification.
In order to take advantage of the service provided by the application, the user is required to download the inTaxi application free of charge and to register by providing his/her first and last name (username), e-mail address, cell phone number and gender. Upon successful completion of registration, the user will receive via SMS to the cell phone number entered by him/her an OTP code (OneTimePAssword) for verification of the aforementioned number, thereby acquiring the right to use the software and the application in the manner and terms set forth in these terms and conditions and pursuant to applicable laws. The OTP code is valid for 60 minutes, after which the user must request a new code. Said code is valid for one time only and it is not allowed to use the same OTP code on more than one phone.
With the use of the aforementioned application and the submission of the service request by the user, the user's location is geolocated by means of a gps device and is directed to the radio cab operator partner of IN TAXI S.C.A.R.L. to search for the nearest cab driver or competent for the requested area among those associated or affiliated with the aforementioned operators.
The user requesting the transportation service, can, through the aforementioned application, specifically indicate the type of vehicle required for his needs, thanks to the entry of precise data in special filters inserted in the same application. However, through the entry of such specific filters, the user acknowledges that at the time of the request the aforementioned means with the required particularities may not be available, without prejudice to the possibility of requesting in any case other cabs with generic characteristics.
In the benefits provided by the aforementioned application are not included and therefore remain the responsibility of the requesting user:
the Internet connection to be able to use the application, depending on your phone carrier's rate plan;
the technical requirements and configuration, as well as the performance of the device for the purpose of using the application and updating the necessary software.
The download of the inTaxi application as well as individual requests made through the said application are offered to the user free of charge by IN TAXI S.C.A.R.L. and no fee will be due to the latter. There may, however, be an obligation to pay a supplement to the price of the ride to the driver, if the municipal administrative authorities provide for this by law, art.5 paragraph 1 Law 21/92. In this regard, in fact, IN TAXI S.C.A.R.L. has cooperation with local radio cab operators who process the details of the user's request and assign it through existing radio cab systems.
Upon acceptance by the driver of the cab request sent by the user through the app, a contract for a fee is concluded between the requesting user and the cab driver, a contract to which IN TAXI S.C.A.R.L. is totally unrelated. Therefore, IN TAXI S.C.A.R.L. has no responsibility for the obligations arising from the above-mentioned contract for the private transportation of persons since the user, by registering in the app and thus accepting these conditions, acknowledges and recognizes that the service provided by IN TAXI S.C.A.R.L. is configured and limited only to the facilitation of the meeting between supply and demand. The payment of the fee for the requested service is made in accordance with current regulations exclusively between the user and the driver.
METHOD OF PAYMENT
The application allows the user who so desires the possibility of paying the fee for the cab service used, through the application itself. This possibility, hereafter called inTaxi payment, is at the total discretion of the user and does not entail any additional costs for the service itself except for any commission or other costs arising from the use of the specific means of payment provided by third parties.
The user's exercise of the option to use said inTaxi payment feature implies the user's acceptance of the conditions below.
In order to take advantage of the inTaxi payment option, by credit card or other equivalent system, the user must enter their credit card details or other equivalent system in the inTaxi application and must accept the payment method and the contractual constraints as well as operation.
The user undertakes to keep and not disclose to third parties both the PIN code used by him/her to access the section relating to payment through the application and the PIN code used to access the application itself, keeping the possibility of fraudulent use at his/her own expense.
The user who decides to provide payment by application, must pay the amount that will be communicated by the driver and displayed on the vehicle's taximeter at the end of the ride by entering the corresponding amount in the application. In this way, the user makes the transaction on the previously registered credit card or the different payment method indicated. This amount is to be considered VAT exempt art.10 dpr 633/72.
The user, before getting out of the cab, must make sure with the driver that the payment has been successful. However, in case of connection problems or force majeure, the user is still required to pay directly to the taxi driver before getting out of the car.
The confidentiality, storage and security of the user's credit card information is guaranteed through Banca Sella's iFrame and Tokenization security systems. inTaxi in no way comes into contact with the user's credit card information and is therefore not responsible for it in any way.
The user who, by means of application, requests cab service, has the right to cancel the request within one minute after the acceptance of the request. The user who, without having cancelled the ride as above, does not turn out to be present at the indicated place at the time the driver arrives there, will still be liable to pay for the ride requested and not used. The user may be held criminally liable under Article 340 of the Criminal Code for causing the interruption or disrupting the regularity of the service.
The user who, by application, makes a cab request mediane the command called "book", providing time and date of the reservation, acknowledges that the "booking" request is configured as a deferred cab request mode. The search for an available cab is made 10 minutes before the time entered by the user, and the taxi driver, once the ride is accepted, will proceed to the address typed in by the user or detected via gps. The user will then be required to pay the taxi driver, at the end of the ride, for the taxi driver's arrival and/or waiting time. The user acknowledges that the arrival of a cab at a given address and its punctuality at a given time, selected by means of the "book" button and therefore in "deferred call" mode, cannot be guaranteed since, as with any other cab request, they depend on the availability of free cab cars at that particular time and in that area.
RECEIPT OF PAYMENT
Upon payment through the application, the user will receive at the e-mail address entered during registration the "electronic receipt" certifying the payment of the ride. Said receipt has no fiscal value since transportation services rendered by cab service are not subject to the obligation to issue a receipt or tax receipt, pursuant to Article 2, letter 1, Presidential Decree 696/96. The user who pays for the ride in cash directly into the hands of the driver will receive a receipt signed by the driver.
inTaxi does not guarantee the arrival of the email communication in case of reception problems in the user's cell phone due to a third party. It is up to the user to verify that he/she has entered the correct data during registration.
MODIFICATION AND TERMINATION OF SERVICE
inTaxi may at any time change the application or its operation.
inTaxi may temporarily suspend or permanently discontinue the service for any cause, without any obligation to give notice to the user.
With the registration and installation of the application, the user does not acquire any right to the continuous, uninterrupted and efficient availability of the application being aware of the fact that in case of its unavailability or malfunction, he/she will still be able to access the cab service through the different and alternative channels.
WARRANTY AND AVAILABILITY
Users must personally verify, under penalty of liability, the veracity of the information they are submitting if they use the inTaxi application.
IN TAXI S.C.A.R.L. does not guarantee that the information transmitted by the user is correct and complete and that it reaches the driver providing the service on time.
Notwithstanding the fact that the user is aware that in the event of unavailability or malfunction of the application, he/she will still be able to access the cab service through the different and alternative channels and will therefore have to take action in this regard also in accordance with Article 1227 of the Civil Code, if due to an incorrect, incomplete or delayed transmission of information or unavailability or malfunction of the application, damages occur, inTaxi will be liable only for intent or gross negligence.
If the application or data transmission interferes with or damages the user's hardware or software, inTaxi is liable only for intent or gross negligence. It is not liable, in any case for any loss of the user's data being the security and backup of the data in the responsibility of the user. In any case, any liability of IN TAXI S.C.A.R.L., as delimited above, will be proportionate to the value of the transport service requested and no liability can be charged to inTaxi for damages concerning the personal sphere of the user.
inTaxi is not liable with regard to the services provided by the cab company providing the service and the driver himself, since its function is limited solely to implementing research and communication between supply and demand.
inTaxi is not liable and assumes no responsibility for the cab services provided by the individual driver and/or cab company: the service provided by inTaxi is configured and limited only to the facilitation of the matching of supply and demand.
inTaxi will not be held liable if it temporarily suspends or permanently discontinues service, in whole or in part, for any reason.
There is no responsibility of inTaxi regarding third party content and websites on the home page of https://intaxi.it
inTaxi uses mapping maps from third parties, these maps may not be up to date or accurate, therefore inTaxi is not liable for any inefficiencies caused by the failure to update the maps used for user positioning and the failure to update the road system related to the origin and destination of the trip.
USER'S OBLIGATIONS
The user is obliged to provide his personal data, complete and corresponding to the truth, in accordance with the directions provided by the application and to promptly provide for their updating. In the context of use, he is obliged to scrupulously comply with these general conditions and applicable laws.
The user is required to use the application in such a way as not to create interference, overloading, risk or damage to the application. The user shall not compromise or modify, in person or through a third party, the security devices of the application. The software made available to the user may not be copied, modified, developed, decompiled or expanded even partially.
inTaxi, in order to prevent abuse in the use of the application, has the right to exclude the user from some or all functions of the application.
You are solely responsible for the confidentiality as well as security of your account. You are required to notify inTaxi immediately of unauthorized use.
If inappropriate use by the user causes damage to third parties, the responsibility lies with the user, who agrees to indemnify and hold harmless inTaxi from any and all claims by third parties. The user also agrees to indemnify and hold harmless inTaxi from any liability to third parties who misuse the application.
Personal data of other interested parties that are transmitted or disclosed to you may be processed by you only within the scope and for the purposes of this application. They may not be disclosed to non-interested third parties unless there is appropriate authorization.
RESPONSIBILITY FOR THE CONTENT OF PUBLISHED REVIEWS
The responsibility for the content published and transmitted in the service lies solely with the user who publishes it. He is obliged to comply with the laws in accordance with good manners and based on the principle of objectivity. The user releases inTaxi from any liability to third parties.
If the published content violates the above rules, inTaxi is authorized to remove it immediately.
PROTECTION OF PERSONAL DATA
All personal data communicated by the user are processed exclusively for the purposes of these conditions and for the processing of the stipulated contracts, in compliance with the provisions of the Italian laws on the protection of personal data in accordance with Articles 7 and 12 of Legislative Decree 70/2003.
The user, by signing this contract and requesting the service, gives his/her consent to his/her location being located from time to time (localization by GPS) and his/her personal data being transmitted to the driver for the purpose of identification following his/her request through the application.
Personal data necessary to enable the request for services and, if available, the method of calculating the fee, are used exclusively for the purpose of the proper performance of the service. Such usage data are in particular the elements that identify the person as a user, data on the beginning and end of the service and the extent of the usage performed from time to time, as well as data on the means of remote communication used by the user.
You give your consent that your usage data may be used for advertising, market research and bid formulation purposes related to the service used for profiling usage using pseudonyms. It is possible at any time to deny consent to the use of the data. Under no circumstances are usage profiles cross-referenced with related data.
The user gives his/her consent to the disclosure of his/her data to inTaxi for the purpose of contract execution and/or legal recourse. Data may be transmitted to third parties only in accordance with the provisions of the law.
The user agrees that his or her location data as a result of the location when using the application will also be transmitted to the driver to whom the request for the service is received.
If you require further information or wish to withhold or withdraw your consent to the use of basic data, and/or withdraw your consent to the use of usage data, you are encouraged to contact inTaxi at https://intaxi.it
The user, with the completion of registration in the inTaxi application subscribes to the privacy policy ex art. 13 Legislative Decree 196/2003 attached to these terms and conditions.
FINAL PROVISIONS
The invalidity, inapplicability or incompleteness of any provision of these terms of use shall not affect the validity of the other provisions. In the absence of specific provisions for the specific case, the applicable and compatible legal regulations, as well as the codified rules, will apply.
inTaxi reserves the right to change these general conditions. The general conditions can be viewed at any time at https://intaxi.it/ or within the same application on the device being used.
The place of conclusion of this contract is Italy and as such will be subject exclusively to the laws of Italy. The place of jurisdiction for the establishment of any disputes is exclusively that of Milan.
Data protection notice for the cab booking and referral service offered by inTaxi
This policy explains to the user the type, extent and purposes of the collection and processing of personal data by the data controller within this smartphone application. In Italy, the main legislative provisions are contained in Legislative Decree No. 196/2003.
The protection of users' personal data is of great importance to inTaxi. All personal data submitted by the user (first name, last name, telephone number, e-mail address, city of residence, gender, pick-up address, destination address, location etc.) are collected, saved and processed exclusively in accordance with the specific data protection laws applicable in the country where or with reference to which such personal data are processed.
This information notice ("Privacy Notice") provided pursuant to Article 13 of Legislative Decree No. 196 of June 30, 2003 (Personal Data Protection Code, the "Code") by the Data Controller IN TAXI S.C.A.R.L. (hereinafter also referred to as "inTaxi") allows you to learn about our privacy policy in order to understand how your personal information is handled when using our services and to enable users to give express and informed consent to the processing of personal data in the sections of the application where you may be asked to provide such data.
Specific sections of the application in which data is collected relating, for example, to registration procedures, login, other requests for services, or participation in inTaxi's promotional or survey initiatives via the application may contain specific information about data processing or refer to this Privacy Policy.
By accessing and using the application, the user acknowledges that he/she has carefully read this policy and accepts the purposes and methods of processing described therein. If you do not agree with what is stated in this Privacy Policy, please do not use its contents and services.
Processing of personal data means any operation or set of operations, carried out even without the aid of electronic instruments, concerning the collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, deletion and destruction of data, even if not registered in a database.
Personal data provided by users forwarding requests are used only for the purpose of executing the requests forwarded, and are communicated to third parties to the extent that this is strictly necessary and functional for this purpose, in compliance with the specific disclosures made pursuant to the Code. Personal data are processed by personnel specifically assigned to the processing to the extent that this is necessary for the performance of their duties, performing only those operations necessary for the performance of those duties.
Purpose of processing
The processing that inTaxi intends to carry out has the following purposes:
Performance of obligations arising from contracts signed with inTaxi. In such cases, in accordance with Article 24 of the Code, users are informed that the acquisition of their consent is not required if the processing is necessary to perform obligations arising from a contract, while, at the negotiation stage, it is also not mandatory to acquire consent if the processing is necessary to fulfill - prior to the conclusion of the contract - their specific requests;
Provision of the services requested by the user with the registration on the application and the creation of their account and/or profile, including the collection, storage and processing of data for the purpose of the establishment and subsequent operational, technical and administrative management of the relationship (and the account and/or profile created by the user) related to the provision of services and the execution of communications related to the performance of services;
management of payments (with related processing - in accordance with the terms of the law - of payment data, including credit card and/or bank account identification details and/or other equivalent payment instrument or means where such payment instrument is selected by the user) of the requested services and any ancillary economic charges, in accordance with the provisions of the general terms and conditions and/or other specific contractual conditions published on the application or otherwise made available to the user;
Activities related and instrumental to the collection, management and recovery of debts owed by inTaxi to its users;
Management of relations with authorities and third-party public bodies for purposes related to particular requests, fulfillment of legal obligations or particular procedures;
Preparation of initiatives related to the contractual relationship and aimed at improving the services provided, such as the possible conduct of telephone surveys to obtain suggestions from users.
The further use of personal data for advertising or market research actions as well as for providing a profiled offer of services requires separate and explicit consent. The user has the option to manifest consent before registering for inTaxi's services. This manifestation of consent takes place voluntarily and can be revoked at any time.
In particular, the user may provide separate and explicit consent to the processing of usage data also for advertising, market research purposes.
The personal data necessary to enable the use of services and their billing (usage data), are also used and processed exclusively to enable the proper fulfillment of contractual provisions. Such data include user identification data and information about the beginning, end and extent of use of inTaxi's services.
Mode of treatment
inTaxi collects, saves and processes your personal data only as necessary to enable you to use the application properly. By such use, the user consents to the collection, saving and processing of his personal data. You always have the right to revoke your consent in writing at https://intaxi.it or to deny further use of your personal data in writing.
In order to properly use the inTaxi application, the user consents to the tracking of his or her location (GPS data) and the sending of his or her user name and phone number to the cab driver or cab association body, which has accepted his or her request for a cab.
The user's personal data, collected on the application, will be mainly processed with electronic tools arranged to ensure maximum security and confidentiality. However, it may happen that the data thus collected will also be processed manually and without the aid of electronic tools. The data may also be processed in the event that it becomes necessary to assert or defend in court a right of IN TAXI S.C.A.R.L.
For more information, to find or revoke consent to the processing of your personal data, the user should use https://intaxi.it.
Categories of persons to whom personal data may be disclosed
With reference to the scope of communication of personal data, the user is made aware that the information released may be communicated to the following subjects or categories of subjects:
public administrations, for the fulfillment of obligations required by law, regulations or EU legislation. In such cases, Article 24 of the Privacy Code excludes the obligation to acquire the prior consent of the data subject to such communications;
member companies of IN TAXI S.C.A.R.L.
The personal data collected and stored in the databases of IN TAXI S.C.A.R.L. will be processed by the employees and/or collaborators of the Data Controller or by the persons in charge of processing such data ("Data Processors"); such data will not be disclosed to third parties, except as provided above and, in any case, within the limits indicated by law or by this Privacy Policy.
IN TAXI S.C.A.R.L. reserves the right to engage third parties to process personal data on its behalf and - accordingly - may share personal data with such third parties. However, inTaxi will require such third parties to observe inTaxi's privacy principles and policy when processing such data.
Optional or mandatory consent to provide personal data / consequences of refusal
The user is free to provide the personal information from time to time requested by inTaxi but failure to do so may result in the inability to provide the services requested.
The acquisition of consent to the processing of personal data is not necessary for all processing specified above that is otherwise connected with and/or necessary to fulfill an obligation under the law, EU regulations or to perform obligations arising from a contract to which you are a party or to fulfill, prior to the conclusion of the contract, your specific requests.
In case the user decides not to give consent to processing operations for commercial and promotional purposes - when required in particular sections of the inTaxi application - such refusal will have no consequences of any kind.
Right of access to personal data and other rights
You may contact the Data Controller or the Data Processors at any time to assert your rights as set forth in Article 7 of the Code (Right of access to personal data and other rights), reproduced in full below:
The data subject has the right to obtain confirmation of the existence or non-existence of personal data concerning him/her, even if not yet recorded, and its communication in an intelligible form.
The interested party has the right to obtain information on: a) the origin of the personal data; b) the purposes and methods of processing; c) the logic applied in the case of processing carried out with the aid of electronic instruments; d) the identification details of the owner, managers and designated representative under Article 5, paragraph 2; e) the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them as designated representative in the territory of the State, managers or agents.
The interested party has the right to obtain: a) the updating, rectification or, when interested, the integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data were collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
The interested party has the right to object, in whole or in part: a) on legitimate grounds, to the processing of personal data concerning him or her, even if pertinent to the purpose of collection; b) to the processing of personal data concerning him or her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.