FavEx ("us", "we", or "our") operates the www.Fav-Ex.com website and the FavEx App (hereinafter referred to as the "System").

This page informs you of our General Conditions of Use applied when you use our System, to all services provided by our System.

By using the System, you agree to our General Conditions of Use in accordance with this page.

Definitions

System

System is the www.Fav-Ex.com website and the FavEx App operated by FavEx

Conditions

Conditions means these General Conditions of Use, including the Good Conduct Rules and Privacy Policy.

User

User refers to any other User of the System.

User Account

User Account means an account with the System opened by a User and used to access the Service provided by the System.

Service

Service refers to any service provided by the System to any User. At no stage shall the term "Service" be construed to impose liability on FavEx by making them a party/trustee or agent to an agreement communicated via FavEx System.

Favor

Favor refers to any service or favor offered by any User on the System to any User on the System.

Favorer

Favorer means the User who is offering a Service or making a Favor to an User in exchange for FavExes.

Favoree

Favoree means an User who is using the Service of or receiving a Favor from a Favorer.

FavExes

FavExes means the credits set out by the User in relation to any Service or Favor which is transferred from the User as their contribution towards the Favorer.

Acceptance of Conditions

These Conditions apply to any use of the System whatsoever. By using the System, Users accept these Conditions in full, even if a User does not create a User Account. No access to the Services will be allowed unless the Conditions are accepted in full. No User is entitled to accept part only of the Conditions. All Users agree to fully comply with these terms and accept that their personal data may be processed. In the event that any User fails to comply with any of the Conditions FavEx reserves the right to withdraw the User Account in question and suspend or withdraw all Services to that User without notice or refund. The agreement for the provision of a Favor is between Favorer and Favoree solely and FavEx is not a party to these arrangements or agreements between them. These Conditions are intended to create binding rights and obligations between Users.If you do not agree to abide by the terms of this General Conditions, you are not authorized to use or access the System and its Services.

Variation of the Conditions, the System and Service

FavEx reserves the right to modify the Conditions at any time. In addition, FavEx may vary or amend the Services provided through the System, the System functionality and any aspect of the System at any time without notice and without liability to Users. Any modification to the System, Services or Conditions will take effect as soon as such changes are published on the System and update the "effective date" at the top of this General Conditions. Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the System following publication of the varied Conditions. Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.

You are advised to review this General Conditions periodically for any changes. Changes to this General Conditions are effective when they are posted on this page.

Registration on FavEx System

Access the System

FavEx allows you to access the System through a web browser or through the official Android App. The System provided by FavEx is not available in all countries. If you use the FavEx System, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge. Your phone service provider is not the provider of the FavEx System.

User Account, Usernames and User-ID

In order to use the Services through the official Android App, each User must create a User Account and agrees to provide any personal information requested by FavEx. In particular, Users will be required to provide a valid telephone number, their gender and birthday. Use of the System is limited to those over the age of 18 at the time of registration. At the User Account creation, the System can generate a random User-ID and assign it to the User Account created. User could be allowed to modify the User-ID later. The User-ID must be composed by 3 uppercase characters, 4 digit and 3 uppercase characters, in the order. User may not select or use a username or User-ID that contains "FavEx" or otherwise misrepresents your relationship with FavEx, or any other party, contains any profanity, is vulgar or offensive, or promotes an illegal activity, violates any trademark or other proprietary right or misleadingly impersonates someone else.

If a User creates a User Account, he or she is fully responsible for all activities that occur under the Account and any other actions taken in connection with it. FavEx may, but have no obligation to, monitor and review new User Accounts before you may sign in and use our System. Providing false contact information of any kind may result in the termination of User Account. User must immediately notify FavEx of any unauthorized uses of the User Account or any other breaches of security. FavEx will not be liable for any acts or omissions by User, including any damages of any kind incurred as a result of such acts or omissions.

We reserve the rights to change usernames at our discretion. FavEx may create membership levels, promotional codes, country or group specific levels. FavEx may vary, withdraw, cancel or reduce any or all of the services available at each level.

Children's Conditions

Our System does not address anyone under the age of 18 ("Children").

We do not knowingly allow the creation or usage of User Account from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has created or is using a User Account, please contact us. If we become aware that a cildren created or is using an User Account without verification of parental consent, we take steps to remove that User Account from our System.

Verification of phone number

In order to increase trustworthiness, prevent typos and wrong numbers, FavEx may provide a service where the User can verify their mobile number. The User may do this by providing FavEx with their mobile phone number, after which the User will receive an SMS with a code which can be validated on the System. FavEx is under no obligation to provide this service and if this service is offered it is at FavEx’s sole discretion and may be withdrawn at any time. This service if offered is free of charge, except for the possible cost levied by a User’s mobile phone operator for receiving the SMS.

Accuracy of Information

Users agree and accept that all of the information they provide to FavEx when setting up their User Account and at any other time will be true, complete and accurate in all respects. Users also agree that any information supplied to FavEx or posted on the System in connection with any Service or Favor will be true, accurate and complete. FavEx cannot be held responsible for any loss incurred as a result of out of date details. New accounts that are not activated within one week of first being created and accounts with out of date details that have not been updated for two years may be removed and any value forfeited. FavEx will not be liable to any User in the event that any information provided by a User (including for the avoidance of doubt another User) which is incomplete, inaccurate, misleading or fraudulent.

Unless expressly agreed in writing by FavEx, Users are limited to one User Account per User. No User Account may be created on behalf of or in order to impersonate another person. FavEx reserves the right to refuse, merge or close additional account(s) at any time. Any breach of these Conditions will give rise to immediate suspension of a User Account, forfeiture without refund of all FavExes and they may be restricted from accessing any further Services.

Abuse or Attempted Abuse

FavEx may decline to issue, withdraw or cancel all Accounts, FavExes, invitations and vouchers, in whatever form, and/or remove a User from the System at any time where there is reasonable belief of any of the following.

• Any abuse or attempted abuse of the System;
• Any breach or attempted breach of these terms and conditions and/or those relating to the optional elements of the scheme;
• Any behaviour relating to the FavEx System or the FavEx operating companies that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information.

Leaving FavEx System

Users can choose to leave FavEx System at any time. By leaving FavEx System, Users forfeit the right to any unused FavExes. Users may inherit the FavExes of a family User who has died by providing a written request informing us of the User details of the deceased together with the requested supporting documentation.

Use of FavEx System

The System and the Services are strictly limited to providing an online platform that connects Favorer and Favoree to share in a private capacity. The System may not be used to connect Favorer and Favoree to offer or accept Service, Favor or any other service for profit.

No Commercial activity for anything other than FavExes

All Favors, scope of the Favor, place, time, and Favexes must be pre-agreed through the System in advance. Favorer and Favoree may not exchange any Favor which has not been pre-agreed through the System. Users are reminded that using the System for profit, in a commercial or professional capacity may invalidate this Conditions. FavEx's liability is limited in accordance with these Conditions and in particular FavEx is not liable in respect of any breach of any agreement or arrangement between Users or breach by a User of these Conditions including where any Favorer (in breach of these Conditions) offers Services or Favors through the System in a professional or commercial capacity (thereby potentially invalidating this Conditions). It is up to Users to be vigilant in ensuring that Services or Favors are not provided on a commercial basis.

Status of FavEx

Neither FavEx nor the System provides any trade service, nor does it operate as anything other than a communication platform between Users. The System is a communication platform for Users to transact with one another. FavEx does not interfere with any Service provided or Favor exchanged between Users. The agreement for Service or Favor is between the Favorer and the Favoree. FavEx is not a party to any agreement or transaction between Users, nor is FavEx liable in respect of any matter arising which relates to a Favor exchange between Users. FavEx does not offer any guarantees or warranties in relation to the Services provided or Favor exchanged between Users. FavEx do not guarantee the identity of any User or ensure that any User will complete a Favor. FavEx does not vet or warrant the suitability of any service. FavEx is not responsible for the quality of any w provided by any Favorer sourced through this System, nor for the comments or feedback released by any User. We recommend a Favoree beware policy and recommend that adequate assurances and references are checked at all times before any Favor is assigned. FavEx has no affiliation whatsoever with any User and accepts no liability for any loss or damage incurred as a result of hiring said individuals through the System.

What FavEx offers

FavEx offers services which allows potential Users to contact each other directly to arrange a Favor exchange by setting up a scope of the Favor, place, time, and Favexes. All Users accept that given the nature of the service all Users, including the Favorer and Favoree, will have no recourse to FavEx for any aspect of the service provided. This includes but is not limited to cancellation, last minute changes, failure by the Favorer or the Favoree to turn up, complete, failure or disappointment with the service provided, including the failure to release the FavExes. FavEx also offers a service which allows Users to contact each other directly to arrange the provision of other services by setting up the detail of the Favor. FavExes may be collected using the System from the Favoree on behalf of the Favorer by FavEx at its sole discretion in the circumstances set out below. FavEx will not contact either party and will take no steps whatsoever to manage the Favor exchange. The Favor exchange and the other Services are managed between Favorer and Favoree only. Please note that FavEx reserves the right to change any aspect of the System or its services which may include adding new services (which may require payment) or withdrawing services.

Value of FavExes

FavExes have no inherent value and exist merely as a means of balancing obligations and privileges within the FavEx System. Favexes are not convertible to any currency. In any jurisdiction where there is legislation or a court ruling to the contrary, then the monetary value of a FavEx may not exceed €0.00000001. Users must not charge any recognized currency for provision of all or any part of any FavEx Service or Favor. The Service may not be used to generate any income for the Favorer. The Favorer is not entitled to be paid any currency. This applies to all Favors, Services, activities and arrangements agreed using the System. FavExes are different from a currency in that there is a limit to the number of them any one individual can have. The maximum credit balance permitted on any Users account is 9999 FavExes. This is to encourage their use of FavExes and increase velocity. It stops all FavExes ending up in the hands of a small cohort who could disturb the stability of or undermine the intentions of the System.

How to use FavEx

The Favoree provides details of the Favor asked on the System, specifying the amount of FavExes he or she will transfer to the Favorer, a description, the date, time and the place of the Favor asked. The Favoree asks any Favor thorough the System exclusively by using FavExes. At the Favor request creation, FavEx will consider the amount of FavExes specified in the request to be bound to the Favor request. The User must not create Favor requests which the sum of the FavExes exceed the number of FavExes available on his or her Used Account at the moment of Favor request creation. FavEx will attempt to forward the Favor request to all possible Users in relation with the Favoree, including but not limited to the Friends of the Favoree and their respective Friends, till a maximum of third level friendship. The System will highlight the Favor request to the relevant Users.

User receiving the Favor request can give his or her availability to execute the Favor request and/or can ask to the Favoree further detail about the Favor request through the System. The User giving his or her availability to execute the Favor is intended to do it in exchange of the amount of FavExes specified in the Favor request created by the Favoree. The Users could negotiate, through the System, a different amount of FavExes or ether conditions, such as time, place or details about the activity of the Favor. For a given Favor request, the Favoree could receive more than one availability from different Users, but only one availability could be selected for the given Favor request. When the Favoree selects the Favorer, they have an agreement and it is at the Favoree offered amount of FavExes. In case of negotiation of the Favor condition between Favorer and Favoree through the System, the Favor request must be amended by the Favoree to reflect the agreed conditions. Ideally this amendment should be done before the action of selection of the User which has an agreement with; in any case, the amendment must be done before the beginning of the Favor execution. With the action of selecting the Favorer, the Favoree completes the agreement and a separate binding agreement for the Favor request will be formed between the Favorer and Favoree. With effect from the Favorer selection, the Favorer and the Favoree will also be bound by the terms agreed. The Favor exchange is personal to the Favorer and the Favoree. The identity of the Favorer and the Favoree must match the identity provided by each of them to FavEx. A User will be entitled to cancel a Favor if the identity of the Favorer or that of the Favoree is not that provided on the System.

The Favorer undertakes to FavEx and to the Favoree to perform the Favor that he or she has been selected for on the System on the agreed date, time and place. The Favorer also undertakes to FavEx and to the Favoree to ensure that he or she has the capability and the necessary skills to make the Favor as agreed and for which the Favorer was selected. Favorer also undertakes to FavEx and to the Favoree to ensure that his or her tools or objects necessary to the execution of the Favor have the capability to be used during the Favor execution, in respect of the local regulation. In the event of a Favor request related to a journey, the Favorer undertakes to FavEx and to the Favoree that his or her Vehicle has the capacity and has all the necessary characteristics required by the local regulation to make the journey, including but not limited to an adequate insurance policy coverage or any legally required safety certificates.

Completion of Favor

Upon the completion of the activity for which the Favor request was agreed the Favoree will confirm the fact to FavEx on the System, which will transfer the amount of FavExes agreed from the Favoree User Account to the Favorer user Account. Ideally this should be immediate but must be within seven calendar days of the date of execution of the Favor. At the end of this period, and unless otherwise directed by the Favoree, the Favoree will be deemed to have received the Favor service and consider that the Favor is due and payable to the Favorer, in which event FavEx System could transfer the agreed FavExes to the Favorer. Upon the completion of the Favor or the transfer of the FavExes, the Favoree could but is not obligated to release a feedback to the Favorer.

User obligations

Each User, whether he or she has the role of Favorer or Favoree, undertakes and agrees that:

• The User will present themselves on time and at the place agreed with the other User;
• The User will immediately inform the other User of any change whatsoever to the Favor exchange and to obtain the agreement of the other User to the change. If such User refuses the change, that User will be entitled to cancel the Favor exchange agreed;
• The User must wait for the other User at the meeting point for at least 15 minutes after the agreed time;
• The User must comply with the Good Conduct Rules at all times.

If the User fails to comply with any of these terms or any other Conditions, FavEx reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the System.

General Terms

User content

We do not own any data, information or material ("Content") that you submit in the System in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content in the System submitted or created using our Services by you. Unless specifically permitted by you, your use of the System does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your User Account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Security of Data and Backups

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your User Account, we cannot guarantee its absolute security.

FavEx performs regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other mobile applications

Although this System may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this System. Your linking to any other off-site mobile applications is at your own risk.

Prohibited uses

In addition to other terms as set forth in the General Conditions, you are prohibited from using the System or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Intellectual property rights

This General Conditions do not transfer to you any intellectual property owned by FavEx System or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with FavEx System. All trademarks, service marks, graphics and logos used in connection with our System or Services, are trademarks or registered trademarks of FavEx System or FavEx System licensors. Other trademarks, service marks, graphics and logos used in connection with our System or Services may be the trademarks of other third-parties. Your use of our System and Services grants you no right or license to reproduce or otherwise use any FavEx System or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will FavEx System, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if FavEx System has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of FavEx System and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one euro or any amounts actually paid in cash by you to FavEx System for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Severability

All rights and restrictions contained in this General Conditions may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this General Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of this General Conditions shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this General Conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of Italy without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Italy. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Italy, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this General Conditions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this General Conditions.

Changes of business ownership and control

FavEx may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of FavEx System. User Accounts created by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this general Conditions, be permitted to manage the User Accounts for the purposes for which it was originally supplied to us.

Language

These General Conditions were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.

Contact Us

If you have any questions about this General Conditions, please contact us by email:  support@fav-ex.com