Smart Refund – Trenitalia – Terms of use and Privacy policy

1. PREMISES AND INFORMATION ABOUT THE COMPANY

These Terms of Service (TOS) govern the use of the Smart Refund solution provided by Trakti (“Trakti”) on an experimental basis, for Trenitalia’s customer service business, including refund and compensation procedures. By accessing or using Smart Refund, you agree to be bound by these Terms.
Please read these TOS carefully. Access to the Trakti Smart Refund Website and use of its Services are subject to your acceptance of these TOS and compliance with them. 
The website at https://trenitalia-smartrefund.trakti.com and the services provided on these pages are offered by:

TRAKTI LTD, a company registered in England (company registration number 10460041), with its registered office at 124 City Road, London, EC1V 2NX, England, United Kingdom. Trakti is a registered trademark (trademark registration number 011915808). Trakti is registered as a Data Controller with the UK Information Commissioner’s Office under number ZA385141.

2. PURPOSE AND DESCRIPTION OF THE SMART REFUND SERVICE

Smart Refund is TRAKTI’s solution for the automation of claims for compensation or reimbursement by means of Trakti’s smart legal contract platform, provided on an experimental basis to Trenitalia for the automation of the corporate back office of Trenitalia’s customer support and to speed up the reimbursement and indemnity procedures requested by Trenitalia customers in full transparency thanks to the use of blockchain. 

Smart Refund, based on the Trakti platform, is a smart legal contract and blockchain system capable of automating the execution of the sales contract between Trenitalia and the Customer and immediately resolving the requests for compensation/refunds made by the Customer for high-speed trains on Italian territory, based on Trenitalia’s national transport rules and European Regulation no. 782/21

At the following links you can find the rules of Trenitalia and the relevant legislation:

https://www.trenitalia.com/en/info_contacts/compensation_for_delays_and_refund.html

https://www.trenitalia.com/it/informazioni/condizioni_generaliditrasporto.app.html

https://reclami-e-suggerimenti.trenitalia.com/rimborsi/Anagrafica.aspx

The services offered by Trakti are:

For the Applicant:

• Account creation, creation and monitoring of refund/compensation requests: it is possible to initiate a refund/compensation request by filling in the mandatory fields, search and select the travel document, obtain the information on the request, monitor the status of the request in real time, view the result of the request (not eligible/accepted/processing due to lack of bank details/pending due to lack of data),  verify the resolution time, the assigned value certified in Blockchain, send replies to requests for more information sent by operators by replying to messages and attaching files to the response.
• Certification of the procedure and response times: the registration and time stamping of the request and resolution times.

For Operators:

• Creation of new requests: create new requests associated with registered and unregistered users, activate the automated resolution of the case, verify the audit trail of the case and the checks carried out on it, intervene and operate manually to finalize the case. Create massive resolutions and check their status;
• View the files and interact with the applicant: view the status of the assigned files, the history of the checks carried out by the platform for each individual file, ask for information and attachments from the customer, reassign the file to another operator;
  
• Import/export requests: import/export requests from/to third-party systems, view import status;
• Creation of measures:create measures for specific events (e.g. strike, delay, cancellation of trains), request permission to publish, activate or modify measures.
• Data quality management: visualisation of the status of files blocked due to lack of data, activation of certified data enrichment procedures and re-initiation of massive practices;
• View history and checks performed: monitor and track requests, checks made, rules and procedures applied, and approvals and authorisations received.
• Certification of procedure and response times: notarisation (i.e. the recording and timestamping of the request and resolution times) and control of the correct automation of the investigation phase in blockchain.

3. DEFINITIONS

The following terms shall be construed according to the following definitions:

Trakti Ltd:
A web platform that allows members to create their own online profile and to create and manage automatic reimbursement and compensation procedures through the tools provided by the website. The term Trakti, in this Agreement, also refers to the Company that owns the software platform (and all rights to the website) and its subsidiaries, parents, subsidiaries, affiliates, directors, employees, contractors, and any successors or assigns.

Trenitalia S.p.A.:
entity that manages the Smart Refund service offered by Trakti on an experimental basis for the automation of compensation and reimbursement practices.

Website:
https://trenitalia-smartrefund.trakti.com

Applicants:
subjects who can initiate claims for reimbursement or compensation.

Beneficiaries of the payment:
subjects who are entitled to reimbursement or compensation and to whom Trenitalia’s payment systems will allocate the amount due on the basis of the percentages established in Trenitalia’s Conditions of Carriage.

Operator:
registered subject who opens one or more requests. Once the request has been entered into the platform, the Operator must also enter any specifications and/or rules of the individual request.

Agreement:
these Terms of Service (TOS) and the Privacy Policy, which you agree to read and know in full, as well as to comply with. Trakti reserves the right to modify and supplement the Terms of Service and Privacy Policy at any time by posting the changes and updates on the Website.

User(s):
the applicant and user of Smart Refund.

Registration:
It is obtained by completing the registration process. By registering, the applicant becomes a Trakti User and can use the Services reserved for Users following the acceptance of the terms and conditions and the privacy policy. Users undertake to guarantee, indemnify and hold Trakti harmless from any liability and/or claim by third parties interested in, or beneficiaries, or connected, even indirectly, to the use of the Services provided.

Registration cancellation procedure:
the procedure through which a Member or User obtains the cancellation of his/her subscription to Trakti’s Smart Refund. Cancellation will result in the loss of Membership and therefore the ability to access the Services reserved for Members. Cancellation also entails the closure of the profile of the User who has obtained the cancellation of the Membership, but not the removal of information relating to previously concluded transactions. The cancellation procedure can only be initiated if the user does not have any operation/practice in progress (you can check this on the Home page).

Services:
all the activities and services offered to Users through the Site, as described in Article 2. The Services offered through the Site may change over time, either with the introduction of new Services, currently unavailable, or with the removal and/or modification, even substantial, of existing Services, subject to prior notice.

Contents:
the content published on the Website, including, but not limited to, texts, links, news, images, photos, videos, data and information and, in general, anything that Members may post on the Website (including comments and feedback). The publication of Content on the Website is the result of a free voluntary decision of the Member, who creates and/or shares the Content, through the Website under his/her sole responsibility.

4. AGREEMENT BETWEEN TRAKTI AND USERS, AMENDMENTS AND ADDITIONS

The use of any present or future Service offered by Trakti will be under the sole responsibility of the Users who access the website; they agree to abide by this Agreement and any future amendments and/or additions.

Access to or use of Smart Refund, as well as registration with Trakti, requires acceptance and compliance with this Agreement in all its parts; the User undertakes to read its content in its entirety and to comply with it. Your access to and use of the Services is conditioned upon your acceptance of and compliance with the Terms of Service, including any future amendments and additions.

The User acknowledges that Trakti may amend and supplement this Agreement at any time and undertakes to review the published Agreement, including any changes and updates, each time he accesses the Website and to observe it, implicitly accepting, through the use of the Website, all changes and updates that may have been made to the Agreement.

If you do not agree to the terms and conditions of this Agreement or any future changes or updates thereto, you must immediately stop using the service, provided that you have no ongoing operations.

5. PRIVACY

Trakti treats the privacy of its users with utmost importance and respect. For this reason, we have prepared a special Privacy policy that you accept at the time of registration; therefore, we advise all Users to read the privacy policy in order to make informed decisions regarding the information to be shared with Trakti and other Users.

6. USER WARRANTIES AND REPRESENTATIONS

The User guarantees and declares the following, committing himself to provide only genuine information, under his sole responsibility:

1. You are at least 18 years of age
2. to act in full compliance with any applicable law or regulation, including future ones;
3. not to use the Content for illegal or discriminatory purposes;
4. have no charge for sexual and/or computer and/or other crimes related to or in connection with the use of our Services;
5. not to use the Content for commercial purposes that have not been previously authorized in writing by Trakti;
6. not be a competitor of Trakti and not act on behalf of any actual or potential competitor of Trakti;
7. not to jeopardize the safety of Trakti and its Users in any way.

By completing the Registration Procedure, Members warrant and declare, in addition to the above, always under their sole responsibility:

1. comply with the Registration Procedure;
2. provide only authentic, complete and factual information;
3. provide all required data and information;
4. keep your data up to date;
5. not to publish on the Site any Content whose disclosure is prohibited or constitutes a criminal offence under applicable laws, including future ones;
6. always act in full compliance with current legislation;
7. not to disclose Content whose disclosure would result in a violation of applicable laws or damage to the rights of third parties;
8. not to infringe in any way the industrial and/or intellectual property rights of third parties;
9. not to violate, even partially, rights or agreements of secrecy or confidentiality or, in general, any confidentiality obligation.

Users also declare that they have entered authentic and correct data and that they are the legal representative or person designated by the Entity or the Company pursuant to the registration of the Company Profile. The insertion of false information, the use of the Service for illegal activities and/or in contrast with the Conditions accepted at the time of registration at Trakti will be prosecuted according to the law. It is also expressly and strictly forbidden to publish on the pages of Trakti any offensive content, which may promote or celebrate in any way or form racism, bigotry, hatred or physical violence of any kind against persons or groups of people, any type of discrimination, any type of harassing content or that may promote in any way or form the harassment of other people,  content aimed at sexual or violent exploitation of persons, images or themes involving nudity, excessive violence or offensive language, as well as adult-only links, or links to illegal or inappropriate content, content that requires or is thought to require personal information contrary to applicable laws, content that publicly reveals information that may endanger the privacy or safety of others,  content that constitutes or promotes information that you know to be false or misleading, or that promotes illegal activities or conduct that is offensive, threatening, obscene, defamatory or libelous; content that constitutes or promotes illegal or unauthorised copies of other people’s copyrighted works, such as pirated software or links to such files, information on how to circumvent copyright protection devices installed by the manufacturer, pirated audio files or links to such files, content that involves sending spam, chain letters, or unsolicited group messages,  instant messages, SPIM or spam, content containing restricted or password-protected pages, or hidden pages or images (not linked to or from other accessible pages); content that may facilitate or promote criminal activity or behavior or that provides information related to illegal activities including, but not limited to, the illegal manufacture or purchase of weapons, the violation of people’s privacy, or the creation or supply of computer viruses; content that requires or is expected to require passwords or personal data from other Users for commercial or unlawful purposes, images or videos of another person published without the consent of the data subject, content that promotes propaganda and/or symbols of organisations made illegal by English law or the laws in force in the User’s country of residence.

7. POSTING OF CONTENT BY USERS

The publication of Content on the Website (texts, images, links, feedback, comments and events) is subject to a voluntary decision of the User, who will be solely and exclusively responsible for any consequences that may arise from the publication of the Content(s) on the Website and undertakes to fully guarantee, indemnify and hold Trakti harmless from any consequences and/or claims that may relate to and/or be related to the Contents and/or their publication on the Website web.

The publication of content on the Site cannot in any way entail legal, juridical or any other liability on the part of Trakti which, as mentioned, cannot be held responsible for the Content published and its publication.

Trakti reserves the right (without assuming any obligation in this regard) to monitor and review all or part of the Content published on the Site and to remove, delete, delete, in whole or in part, at any time, any Content published on the Site that may be deemed inappropriate, in its own and unquestionable judgment, as well as to delete and/or delete personal profiles,  or to prevent access to the Site at its discretion; the user who has published such Content(s) and/or is the recipient of the aforementioned decisions and/or measures, will have no right to raise any type of objection or complaint in this regard.

8. RELATIONS BETWEEN TRAKTI AND THE USERS

The parties involved in the negotiation are Trenitalia S.p.A., the Operator, the Applicant and Trakti. Trakti’s role is to offer a service for the provision of a software platform and a blockchain layer to verify in real time the validity of a refund/compensation request, the status of the request, the automatic calculation of any amount due based on the rules predefined by Trenitalia and the accounting of the same on the Applicant’s personal wallet.

The User undertakes not to carry out operations contrary to the Terms of Service, under penalty of nullity of the same.

9. CONTRACTUAL RELATIONSHIPS

Each User acknowledges that the contracting parties hereto are independent entities. Therefore, none of the provisions of this User Agreement is eligible to create a partnership, joint venture, agency or any other type of relationship between Trakti and users.

All requests processed on Trakti give rise to contractual obligations that exist only between Trenitalia S.p.A., the Applicants and the Beneficiaries of the payment. Trakti shall not be liable for any disputes arising from the above relationships.

10. PAYMENT FOR THE SERVICE

The Smart Refund service for Applicants is offered free of charge.

11. PAYMENTS BETWEEN TRENITALIA AND APPLICANTS

Any sums awarded to the Applicant on the basis of the rules established by Trenitalia’s Conditions of Carriage are disbursed directly by Trenitalia’s payment systems. Trakti does not pay any money, in any form or manner. The wallets mentioned in these Terms of Service are for accounting purposes only and not for currency; As a result, the tokens created are neither transferable nor spendable. The wallet does not allow the deposit or transfer of these tokens.

12. WAIVER

Trakti assumes no responsibility for any errors, omissions, interruptions, deletions, failures, delays in the operation or provision of the Service, anomalies on the line, theft, destruction, unauthorized access or alteration of the communications of Users or Subscribers, identity theft and any other unlawful conduct perpetrated by Users or third parties whether online or in any other situation. Trakti, in particular, is not responsible for technical problems or failures of telephone networks or lines, online systems, servers or providers, devices and equipment, software, malfunctions of email customers or media players caused by technical issues or problems with congestion of Internet traffic or Trakti services. Trakti cannot guarantee, and refrains from guaranteeing, specific results resulting from the use of the Trakti Services, as well as the regularity and continuity of the Services. Trakti shall not, in any case, be liable to Users and/or third parties for any type of direct or indirect damage of any kind, including exemplary or punitive, including, by way of example but not limited to, damages for loss of earnings and/or any other claim, relating or connected, or even just occasioned by the use of our Services for any purpose.

13. SECURITY

When registering, the User will have to choose a password. The responsibility for keeping the password secret lies entirely with the Member, who undertakes to keep it in a safe and secret place and not to disclose it to third parties. Members agree never to use the account, username, email address or password of any other Member and not to disclose their password to any third party. Members also undertake to inform Trakti immediately in the event that they suspect unauthorized access to their account and/or password. The Subscriber is entirely responsible for the use of his/her account. The User who wishes to register acknowledges that Trakti reserves the right to undertake, at any time, authentication and/or verification procedures for the data and information provided by any User at the time of registration, in compliance with the applicable legislation, also in terms of privacy, giving hereby its consent to the authentication and verification procedures that may be implemented,  it being understood that the execution of these procedures represents an option for Trakti and not a commitment, a guarantee or an obligation, in this sense, on the part of Trakti. Trakti has the right to revoke the User’s registration at any time, without prior notice and without having to provide any information in this regard.

The User whose registration can be revoked will not be able to claim any rights against Trakti, for any reason. In addition, Trakti reserves the right (without assuming any obligation or liability in this regard), at its own discretion, to refuse, reject the publication or remove individual practices, proposals or offers published by the User or to refuse, restrict, suspend or terminate access to all or part of the Trakti Services or the Website, at any time, for any reason or no reason,  with or without notice or explanation, without any claim or demand being made against you. Trakti also reserves the right, at its sole discretion, to reassign or rename the URL of the User’s profile. Trakti expressly reserves the right to remove the User’s profile and/or to restrict, suspend or terminate the User’s access to all or part of the Trakti Services in the event that it verges, in its sole discretion, that such User has violated the applicable law and/or this Agreement and/or any rights of third parties or that such User constitutes a threat to Trakti,  its employees, business partners, Users and/or the general public.

14. APPLICABLE LAW AND COMPETENT COURT

This Agreement, the dealings, the Services and generally everything governed by this Agreement, shall be subject to the exclusive application of English law.

* * *

By registering for our service, the User declares that he/she has carefully read, acknowledged and approved all the provisions of the Terms of Service, and declares that he/she accepts in particular the following articles:

• Art. 4 (Agreement between Trakti and users, amendments and additions);
• Art. 6 (Warranties and Representations of the User);
• Art. 7 (Publication of content by members);
• Art. 8 (Relations between Trakti and members);
• Art. 9 (Contractual Relations);
• Art. 10 (Payment of the service);
• Article 11 (Payments between Trenitalia and Applicants);
• Art. 12 (Waiver);
• Art. 13 (Security);
• Art. 14 (Applicable Law).