Terms of service
These Terms govern
- your use of this Website e
- any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The person responsible for this Website is:
Via Boffalora, 15
Owner's email address: firstname.lastname@example.org
To know at a glance
- Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. In case of failure to mention, the clauses apply to all Users.
Unless otherwise specified, the conditions of use of this Website set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares to meet the following requirements:
- There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users;
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available.
It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials.
Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.
The User is free to close his account and cease using the Service at any time, following this procedure:
- By contacting the Data Controller at the contact details in this document.
Account suspension and deletion
The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate the applicable legislation or the rights of third parties. However, this result is not always possible.
In such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document.
Rights to the contents of this Website
The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain contents available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.
The limitations and exclusions provided for by copyright legislation remain unaffected.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations or the rights of third parties.
Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or to the Service, terminate contracts, denounce any reprehensible activity carried out through this Website Web or the Service to the competent authorities – p. eg. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:
- violations of law, regulation and/or the Terms;
- infringement of third party rights;
- acts that may considerably prejudice the legitimate interests of the Data Controller;
- offenses to the Owner or to a third party.
Limitation of Liability and Indemnification - Limitation of Liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or defense which you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory laws and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to a new provision of the services or to the payment of the cost for the repetition of their provision.
The Owner provides this Website "as is" and subject to availability. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly excludes conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterruptedly and securely, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk and the User is solely responsible for any damage to the computer system or mobile device or for loss of data resulting from such operation or from your use of the Service.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or not work properly with the User's browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for
- any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; And
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your User account or the information contained therein;
- any errors, omissions or inaccuracies in the contents;
- personal injury or property damage, of any nature, resulting from your access to or use of the Service;
- any unauthorized access to the Data Controller's security servers and/or any personal information stored therein
- any interruption or termination of transmissions to or from the Service;
- any bugs, viruses, trojan horses or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
- the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost for an amount exceeding the one paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided by applicable law.
The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, attorneys' fees and expenses arising out of
- your use of or access to the Service, including any data or content you transmit or receive;
- your breach of these Terms, including, but not limited to, any breach by you of any representations or warranties set forth in these Terms;
- your violation of any third party right, including, but not limited to, any right relating to privacy or intellectual property;
- the violation by the User of any applicable law, rule or regulation
- any content sent from the User's account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User's personal username and password or other measures security, if any;
- the willful conduct of the User; or
- the violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law
No implied waiver
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to any other right.
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the Owner's prior written consent, expressed directly or through a legitimate resale program.
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under international legislation and treaties applicable to intellectual property.
All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property.
Changes to Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be enforced to the fullest extent permitted by law.
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably.
In the event of non-agreement in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the void, invalid or unenforceable provision of any particular provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.