These Terms and Conditions govern the use of the illy App, which belongs to illycaffè S.p.A. and which allows the User to access the content, services and functions contained within the App.
Downloading and using the illy App constitutes the User’s acceptance of these Conditions and any subsequent alterations or variations. The User is therefore invited to carefully read these Conditions and any subsequent variations or updates.
Use of the illy App and the individual services requires not only the acceptance of these Conditions, but also the specific acceptance of any warning, legal notice or information of any kind referred to therein.
illycaffè reserves the right to alter these Conditions, giving prompt notification of such alterations within the illy App. For this reason, illycaffè invites Users to pay attention to any notifications received within the illy App and to check the illy App regularly in order to ascertain whether any changes and/or updates have been made to these Conditions.
The changes shall be effective as of the date of their publication in the illy App.
These Conditions may be viewed by the User here.
“Conditions”: these terms and conditions for the use of the illy Application.
“Contents”: texts, images, videos, logos, brands and any other material, in any format, including the graphics, design, layout, processes, functions and software that are part of the illy App, the know-how and the products included in the Services offered on the illy App, and all other industrial and intellectual property rights held by illycaffè.
“illy App”: the application owned by illycaffè S.p.A., available for download on all mobile devices through the Google Play Store and Apple Store channels.
“illycaffè”: illycaffè S.p.A. with legal headquarters in Trieste, Via Flavia 110 Trieste (Italy) – VAT No. 00055180327.
“My Account”: the private and personal account that the User must register in order to access the illy App and its Contents. “My Account” also allows the User to access services, reserved areas and/or specific functions on the websites and apps of illycaffè and its subsidiaries, through the same credentials.
“Services”: all content that the User may make use of through the illy App.
“User”: any party that accesses and uses the illy App.
2. Scope of application and limits of use
The User can access and make use of the Contents and Services and take part in further initiatives accessible through the illy App, which illycaffè has reserved for its Users, as well as staying up to date on the world of illy.
Activation of the individual Services and participation in specific initiatives is subject to acceptance of the related terms and conditions. Acceptance shall only be requested when first accessing the specific service or initiative, if it can be activated from the Application, with the exception of e-commerce purchases (apart from subscriptions) for which acceptance of the General Conditions of Sale shall be requested upon each transaction.
illycaffè reserves the right to alter, at any time and at its own discretion, the graphic interface of the Application, the Services and Contents and their organisation, as well as any other aspect related to the functionality and management of the Application, communicating the relevant information to the User where necessary.
illycaffè may pause, alter, correct any errors or malfunctions and any section of the Application, make further changes to the Application, the Contents and the Services, and suspend or pause any function of the Application, including the availability of any of its functions, at any time and without warning.
illycaffè may suspend authorisations, rights and licences conferred in accordance with the above at any time; upon this suspension, the User must immediately delete all of their Content.
illycaffè reserves the right to (i) delete, suspend or alter the Contents and Services of the Application, including the User’s contents, at its own exclusive discretion and at any time, for any reason and with no obligation to give prior notice (by way of non-exhaustive example, due to complaints or accusations from third parties or authorities regarding the User’s usage of certain content, or in the event that illycaffè deems the User to have violated these Conditions), and to (ii) delete, suspend or block the User’s contents from the Application.
Use of the Application requires access to the Internet and/or a smartphone or tablet connection, the costs of which are entirely borne by the User.
The Application is exclusively intended for personal use.
The User undertakes to use the Services and Contents of the Application in accordance with their characteristics and technical specifications, and in compliance with the provisions of these Conditions, as well as with the applicable laws, regulations and norms on the subject.
3. Registration and My Account
In order to use the Contents, Services and functions of the illy App, the User must be in possession of an illy My Account.
It is possible to create an illy account either when first accessing the illy App, or through the “register” section on the illy.com website.
If the User is not registered, they must provide the data requested to complete the registration process, ensuring that the data is complete and truthful, keeping it confidential and updating it regularly. It will also be necessary to choose a password. The User is responsible for keeping and maintaining the credentials for their My Account. The creation of an illy account is reserved exclusively for Users who have reached the minimum age required by the applicable laws in the relevant jurisdiction.
Registration and the creation of a My Account can also be completed by logging in through social media, using such social networks as Facebook, a Google account or an Apple ID.
In the event that the User has already created an account on the illy.com website, they can authenticate themselves using the same credentials without registering again. Users who have registered previously will be asked to accept these Conditions and other policies and conditions based on the Services activated.
Through their My Account, Users can access specific Services, reserved areas and/or specific functions (some of which are exclusively dedicated to My Account holders) of the websites and apps of illycaffè and its subsidiaries, using the same credentials. They can also make use of their own personal area to view and manage their relationships with illycaffè and its subsidiaries, for example by viewing their purchase history, managing shipping addresses, managing data processing consent, viewing the initiatives or sections that they have subscribed to and updating their data.
It should be noted that the subsidiaries may access the User’s My Account data in the event that the User enters into a contractual relationship with them (for example, by making purchases, taking out a subscription or activating services provided by a subsidiary).
The User may, if they so choose, upload their own profile picture, which will not be visible to other Users.
In any case, the User will be asked to select the country in which they are using the Application in order to enable illycaffè to identify the correct form of contractual and regulatory management.
4. Communications and Notifications
The Application may send so-called push notifications to Users as part of its normal operation. Users can deactivate push notifications through the settings on their smartphone/tablet.
Inside their My Account, Users can view all the notifications sent by illycaffè at any time, as well as accessing a summary of their own activities.
5. Exclusion of guarantee
The Application is provided "as is" and "as available".
illycaffè makes no explicit or implicit guarantees in relation to the illy App, nor does it provide any guarantee that the App can satisfy the User’s needs or work free from interruptions or malfunctions.
illycaffè is committed to ensuring the correct functioning of the illy App, as well as its availability and smooth operation, but makes no direct or indirect guarantees in any way as to that functioning and/or availability and/or operation. Therefore, illycaffè cannot be held responsible in the event that the Application, for any reason, is not able to satisfy the User’s needs and/or features errors, defects, interruptions, viruses, bugs or harmful components.
In the event that illycaffè provides links and/or advertisements for other websites, applications, and online channels that it does not own or control, illycaffè accepts no liability for the Contents provided or available for download. Equally, illycaffè is not responsible for third-party websites and Users visit such websites entirely at their own risk.
illycaffè has the right to suspend access to and use of the illy App temporarily and without warning; by way of non-exhaustive example, for the purposes of maintenance, updates, force majeure, or for any other reason.
6. Limitation of Liability
With the exception of misconduct and gross negligence, illycaffè and other parties connected in any way to illycaffè may not be held liable under any circumstances for: (i) damages, malfunctions, faults, or data loss and/or usage deriving from the use of the Internet and the IT systems on the User’s devices; (ii) risks and damages caused by downloading content through the illy App and its Services; (iii) damages caused by any fraudulent or illicit use of payment cards provided by third parties, which are not under the control of illycaffè; (iv) any damages, loss of opportunities, costs, economic loss, loss of profits or obligations of any kind, including indirect, which the User may incur by accessing, using or attempting to use the illy App and its Services, or which arise in relation to the inability, even temporarily, to use the illy App and its Services or due to interruptions or the termination thereof.
7. Copyright and Intellectual Property
illycaffè is the exclusive owner of the Contents and Services contained on the illy App such as, by way of non-exhaustive example, documents, texts, images, figures, logos, brands, videos and any other material, in any format, including the graphics, design, layout, processes, functions and software that are part of the illy App, the know-how and the products, all of which are covered by copyright, including patents, brands and all other industrial and intellectual property rights held by illycaffè and recognised by law.
The reproduction of the Application and its Contents and Services, whether partial or total and in any way or form, is prohibited. None of the contents of the illy App are to be understood as being licensed to the User.
The User is authorised to view and use the Application and its Services exclusively for personal, non-commercial purposes, in accordance with these Conditions and the applicable law, in ways that do not compromise the industrial and intellectual property rights of illycaffè.
The User is not authorised to:
(i) reproduce the illy App or its Contents and Services, in whole or in part, on any medium and in any way;
(ii) sell, license or sub-license the Contents or Services contained in the illy App;
(iii) spread, transmit or duplicate the Contents of the illy App for commercial purposes and/or for publication on websites, online channels or applications belonging to the User or to third parties.
The User also undertakes to refrain from any conduct that could damage and/or hinder normal access to and use of the illy App and its Services. By way of non-exhaustive example, this means that they must not transmit, copy or share dangerous or suspicious content that could contain or spread malware, viruses or any kind of programme or content capable of compromising the illy App and its operation.
8. Suspension and cancellation of Accounts
The User’s breach of these Conditions shall give illycaffè the right to suspend the User’s access to their personal registered area, to remove the User’s account and finally, where deemed necessary, to resort to any means provided for by the applicable legislation.
The User shall have the right to cease their use of the illy App at any time by uninstalling the application, and may request that their My Account be deleted by accessing the settings of their My Account or, if this is not available, by sending such a request to the following address: firstname.lastname@example.org.
The uninstallation of the illy App and/or the deletion of a User’s My Account does not imply automatic withdrawal from any Coffee Machine Subscription, Coffee Subscription, the General Conditions of Sale, or other services and initiatives that the User has entered into. Please see the relevant regulations and the terms and conditions to exercise your right to withdraw.
The cancellation of a User’s My Account shall make it impossible to access and make use of the services and initiatives whose terms and conditions require a My Account (including the illy App itself), even where payment is involved.
10. Applicable law and competent jurisdiction
These Conditions are governed by Italian law.
For any dispute regarding the implementation and/or interpretation of these Conditions, including questions related to their existence, validity or resolution, the Court of Trieste shall be exclusively competent.
The European Commission has provided the citizens of EU Member States with a platform for the resolution of online disputes, which the User can access through the following link: http://ec.europa.eu/consumers/odr/
This tool can be used by European Users for the out-of-court settlement of any disputes arising from the purchase of products and Services through the Application. Alternatively, the User may avail of other means for the settlement of disputes, if they so choose.
11. Force majeure
illycaffè cannot be held liable for any failure or delay in fulfilling its obligations due to force majeure causes beyond the control of illycaffè, such as, by way of non-exhaustive example, stoppages in production activity imposed by legislative or administrative provisions, epidemics, strikes, serious weather events, fires and floods.
12. Contact details
illycaffè is available to receive any questions or complaints sent via email to the address CustomerCareUK@illy.com, or through the Customer Care team on 01604821234.