1 TERMS AND CONDITIONS OF USE
1.1 These terms and conditions of use (“Conditions of use”) apply to the websites, accessible electronically at the following addresses:
(hereinafter collectively the “Website”) owned by Immergas S.p.A., with registered office in via Cisa Ligure 95, 42041 Brescello, Reggio Emilia, VAT and Tax ID 00932830359, email firstname.lastname@example.org (hereinafter “Immergas”).
1.2 Use of the Website is regulated by the following conditions.
1.3Immergas reserves the right to change, modify, add or remove clauses of these Conditions of use at its discretion and at any time. The user is required to check periodically the Conditions of use for any changes. Use of the Website after modifications are published shall be construed as acceptance of said modifications by the user.
2.1 All contents and/or services published or found on the Website, the texts, graphic design, software, photos, videos, music, sounds, source codes underlying all software, are the property of Immergas and are protected by the privacy regulations (European regulation 2016/379 of 27 April 2016, It. Legislative Decree 30/6/2003 no. 196 as amended by It. Legislative Decree 101 of 10/08/2018 ), by copyright law (It. Law 22/4/1941 no. 633, as amended by It. Legislative Decree 29/12/1992 no. 518, on Legal protection of software) and by other national and international regulations on protection of intellectual and industrial property, as amended and added.
2.2 Some pages of the Website may also contain material subject to copyright of those who made it available. By publishing them, Immergas does not transfer to the user any right over the Website contents.
3.1 All the trademarks and logos shown, mentioned or used in the Website are the property of Immergas or third parties. The user is not authorised to use these trademarks or logos in any way, failing express written authorisation issued beforehand by Immergas or by said third parties, as applicable.
4 USE OF THE WEBSITE BY THE USER
4.1 1 The user is allowed to read the Website and use the contents and/or services published or provided on the Website consistently with these conditions.
4.2 Any other use of the Website or information, contents and/or services published on the Website is forbidden. By mere way of non-exhaustive example, the storage or complete or partial reproduction of the Website on any external website is prohibited, as is the alteration of information and publishing the same on other websites, platforms or social networks. Said restriction also applies to the information and any other content, including trademarks, logos and distinctive signs belonging to Immergas that can be directly reached by the user via the Website.
4.3 The User is required to use the Website contents and/or services published or provided on the Website in constant and thorough compliance with the law, public order and the provisions of these Conditions of use.
4.4 It is forbidden to use devices, programs, software or equivalent manual processes, hacking systems, password capture systems, or more in general any legal or illegal means, to i) circumvent the Website’s navigation structure, ii) obtain unauthorised access too sections, parts, contents or features of the Website that are intentionally not available to the User, as well as to obtain access to the network or servers of Immergas via the Website, iii) access, acquire, copy or monitor any part of the Website, iv) interfere or attempt to interfere with the proper operation of the Website or any transaction conducted on it, as well as with use of the Website by third parties.
4.5 It is forbidden to examine or test the vulnerability of the Website or of any network connected thereto, as well as to breach its security or login measures.
4.6 It is forbidden to exploit the Website, or services and information provided or offered via the Website, for the aim of revealing any information related to third parties, including, without any limitation, personal identification data.
4.7 It is forbidden to pretend to be or to represent other persons and to impersonate other individuals or entities.
2 LIMITATION OF LIABILITY
5.1 IMMERGAS DOES NOT WARRANT THAT THE WEBSITE OR RELATED CONTENTS, SERVICES OR FEATURES ARE FREE FROM ERRORS OR CONTINUOUSLY AVAILABLE, NOR THAT ANY DEFECTS SHALL BE CORRECTED. THE WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ISSUING ANY WARRANTY R DECLARATION OF ANY KIND, AND ACCORDING TO AVAILABILITY. ALL THE INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO AMENDMENTS WITHOUT PRIOR NOTICE. IMMERGAS CANNOT WARRANT THAT ANY DOCUMENTS OR OTHER DATA DOWNLOADED FROM THE WEBSITE SHALL BE FREE FROM VIRUSES OR TAINTING OR DESTRUCTIVE FEATURES.
5.2 IMMERGAS DISCLAIMS ANY LIABILITY FOR ANY DAMAGE DERIVED FROM LACK OF ADEQUACY, TIMELINESS OR ACCURACY OF THE WEBSITE, AS WELL AS FOR ANY DAMAGE DERIVED FROM USE OR INABILITY TO USE THE WEBSITE FOR WHATEVER REASON, INCLUDING DAMAGE CAUSED BY VIRUSES, MALFUNCTIONS, FAULTS AND DEFECTS, ALTERATION AND/OR UNAUTHORISED USE OF THE WEBSITE BY THE USERS AND/OR THIRD PARTY ENTITIES, OR DERIVED FROM BREACHING THESE CONDITIONS OF USE, INACCURACY OR INCOMPLETENESS OF THE PUBLISHED INFORMATION OR CONTENTS, WITH THE EXCEPTION OF DAMAGE DERIVED FROM WILFUL MISCONDUCT OR GROSS NEGLIGENCE DUE TO IMMERGAS.
5.3 THE USER ASSUMES FULL LIABILITY FOR USE OF THE WEBSITE. IN THE EVENT THE USER SHOULD NOT BE SATISFIED WITH THE WEBSITE OR RELATED CONTENTS, THE ONLY REMEDY SHALL BE DISCONTINUING USE OF THE WEBSITE OR CONTENTS THEREOF.
5.4 THE AFOREMENTIONED LIMITATION OF LIABILITY APPLIES TO ALL AND ANY DAMAGE, LIABILITY AND INJURY DERIVED FROM MALFUNCTION, ERROR, OMISSION, INTERRUPTION, CANCELLATION, DEFECT, DELAY IN OPERATION OR SENDING, COMPUTER VIRUS, FAULT OF THE COMMUNICATION LINES, THEFT, DESTRUCTION OR ACCESS, ALTERATION OR UNAUTHORISED USE, BE IT CAUSED BY FAILURE TO PERFORM, WILFUL MISCONDUCT, NEGLIGENCE OR OTHER CAUSE.
6 ACCESS TO PASSWORD-PROTECTED / RESTRICTED AREAS
6.1 Some features or services offered by, or through the Website, may require signing up and using an account, necessary to authenticate the user and grant them access to password-protected and/or restricted areas. Only users who have a legitimate account may access and use the password-protected and/or restricted areas of the Website.
6.2 The user undertakes to use their account in a legal and fair manner.
6.3 The user is solely responsible for the confidentiality of their account, including the password, and any activity originating from said account. The user is required to immediately notify Immergas of any unauthorised use of their account or their password, or any security breach. Failing said notification, all manifestations of will, deeds and facts producing legal effects carried out through the user's account, shall unquestionably be attributed to the latter.
7 INFORMATION on PRODUCTS and SERVICES
7.1 Immergas reserves the right to modify any product or service mentioned on the Website, or the prices related to said products and services, at any time and without any prior notice. The material relating to products or services published on the Website might include obsolete information; Immergas is not required to correct said material and has no liability in that respect.
8 PRIVACY / COOKIES
9 LINKS TO THIRD PARTY WEBSITES
9.1 The Website may contain links to independent third party websites (“Third party websites”). The presence of links to Third party websites should not be construed as approval by Immergas, of said websites, or of the contents, products or services published, offered or indicated on the aforementioned Third party websites. The Third party websites are only provided as a courtesy t the user or for their convenience.
9.2 The Third party websites are outside the control of Immergas; Immergas is not liable for their content, including materials and information published on them, nor endorses them in any way. The user must independently assess whether and how to interact with Third party websites.
10 FINAL PROVISIONS
10.1 Immergas reserves the unilateral right to amend, suspend or discontinue the Website and contents and/or services provided or published on it, as well as to amend, suspend or discontinue the accounts connected to individual users.
11 APPLICABLE REGULATIONS
11.1 These Conditions of use are governed and must be interpreted pursuant to Italian law.