Terms and Conditions

These General Terms and Conditions of Use and Sale govern the contractual relationship between:

Punti Patente Ltd referred to as “The Company”

On the one hand, and:

Any natural person of legal age or legal entity
Who uses the Internet site published by the Company and who wishes, or does not wish, to make a purchase through said Internet site,
Hereinafter referred to as “User”

On the other hand.

ARTICLE 1 - DEFINITIONS

For the purpose of the application of these General Terms of Use and Sale, it is agreed that the Company and the User shall be collectively referred to as the “Parties” and individually referred to as the ’Party’ and that the User who has validated an order shall then be referred to as the ’Customer User‘ or ’Customer” (see definition below). The User's Rights and obligations will automatically apply to the User Customer (or Client). The terms defined below shall have, as between the Company and the users of its Internet site, the following meanings:

  • “Site’: means the e-commerce Internet site conceived, developed and managed by the Company
  • ’User’: means any natural person of legal age or legal entity visiting the Site, whether a Customer or a mere visitor;
  • ’Services’: means all the services offered on the Site and accessible to Users, who have subscribed to a Subscription. These are the services that are mentioned in the preamble and of which a more detailed presentation is available in Article 4 of these General Conditions of Use and Sale, as well as in the pages of the Site dedicated to them.
  • “Customer‘ or ’Customer User”: Means any User of the Site who has access to the Services offered by the Company through a Subscription.
  • “Customer Account‘ or ’Account”: means an account opened by the User on the Site with the effect of subscribing to and accessing the Services offered by the Company through a Subscription.
  • “Subscription”: means a service, for a fee, which gives access to the Services to which a User wishes to subscribe and access. The Subscription is an indefinite contract, cancellable at any time. This indefinite Subscription is renewed at the end of the Trial Period, by tacit consent, subject to payment of the Subscription price.
  • “Trial Period”: means, in the context of a Subscription, a period during which the User may try out the Services. Throughout this period, User can freely terminate his Subscription.
  • “Login credentials”: means username and password. The User natural person who wishes to register and subscribe to the Services offered for sale online on the Company's Site declares that he/she is of legal age and has full legal capacity for such purpose. Any order for a Service offered for sale on the Site, by Subscription, presupposes consultation and express acceptance of these Terms and Conditions of Use and Sale, without, however, such acceptance being conditioned on a handwritten signature by the User. These General Conditions of Use and Sale apply without restriction or reservation to all sales concluded by the Company by buyers wishing to acquire Services offered on the Site. These General Conditions of Use and Sale are accessible at all times on the Site and shall prevail, if necessary, over any other version or any other contradictory document. Unless proven otherwise, the data recorded by the Company shall constitute proof of all transactions. The Site is accessed under normal Internet connection conditions. No additional connection fees will be charged to the User.

ARTICLE 2 - OBJECT

These General Terms and Conditions of Use and Sale apply to any User, whether simple visitor or, a fortiori, Customer User of the Site. The purpose of these General Conditions of Use and Sale is to define, exclusively on the basis of the business relationships established by the Parties, their respective rights and obligations arising from the online sale of the Services offered on the Site. They thus regulate all the steps necessary to activate a Subscription to the Services offered by the Site. They also define the conditions under which Users are authorized to access the Site, as well as the conditions for using its Services. The Parties agree that their relationship will be governed exclusively by this agreement. Should any clause be declared invalid or ineffective, including as a result of legislative changes, the Parties shall be relieved of their obligations under such clause. These General Terms and Conditions of Use and Sale shall be deemed automatically amended so as to make such clause valid and effective. However, the other clauses not affected by invalidity shall remain valid.

ARTICLE 3 - ACCESS TO THE SITE AND SERVICES

3.1. Geographical area

The Site is accessible to any User, Customer or not, regardless of country of origin. However, Subscription to the Services offered by the Site is available, only to Customers residing or domiciled in Italy.

3.2. Navigating the Site

Any User, Customer or not, can freely browse the Site. If, while browsing and after consulting the Services, the User wishes to subscribe to the Services offered, he or she must first open a Customer Account.

3.3. Creating a Customer Account with a view to placing an order for a Services Subscription

To this end, and before opening any Customer Account, the User must ensure that he or she has:

  • an Internet connection ;
  • a telephone subscription that allows access to the Internet ;
  • a computer and/or a mobile device (mobile phone, smartphone, tablet) with a wap, wi-fi or 3G/4G connection. Any communication costs related to access to the Site and its Services remain the responsibility of the User. The registration procedure is as follows:
  1. the User completes the Registration Form available on the dedicated page of the Site by filling in the following data:
    • first and last name,
    • valid e-mail address, which constitutes the username (name of the User Customer) to access the Account and sign up for the Services. Note: Some advanced features of the Site may, for authentication purposes and depending on the Services offered, require the provision of additional personal data (e.g. the User's vehicle registration number).
  2. The User then confirms that he/she has read the General Terms and Conditions of Use and Sale and accepts them by completing the Registration Form. At the same time, the User confirms that he/she is of legal age under the applicable law in his/her home country. The User may then proceed to the next step by clicking on the button provided for that purpose.
  3. After clicking on the above button, the User is invited to verify his/her personal information and modify it if necessary. Upon validating this information, the User will receive an e-mail providing him/her with an automatically generated password from the Site that will allow him/her to sign up for and access the desired Services later, after his/her order is deemed to be finalized. IMPORTANT:
    • Only one Account can be assigned per User (same e -mail address);
    • Each natural or legal person, may only be the holder of one Account; it is prohibited, therefore to use different e -mail addresses in order to create more than one Account.
    • In the event that any of the mandatory information to be provided turns out to be false or incomplete, the Company reserves the right to suspend, or terminate the User's Account and refuse him/her access to all or part of the Site's functionalities, also discontinuing with immediate effect the activation and/or provision of the Services already activated.
    • The User has the possibility at any time to change the entered data related to his/her Account by logging into the Site and accessing the section “My Account”;
    • The User is responsible for the acts and actions of any person using his/her Account, such as the preservation of the confidentiality of the Access Credentials and/or personal data transmitted to the Company;
    • The User agrees to promptly inform the Company of any unauthorized use of his/her Access Credentials;
    • In case the User forgets his/her password, he/she can connect to the Site under the “Connection” heading, access the “Forgot Password?” sub-heading and enter the e-mail address associated with his/her Customer Account. After entering his e-mail address and validating it, the User will receive an e-mail containing information that will allow him to reset his password.
    • The User acknowledges that the use of certain features of the Site may require the sharing of his or her location data, including the geographic location of his or her mobile device (cell phone, smartphone, tablet), in which case it will be necessary to expressly agree to the sharing of location data. If you wish to use such features, you also agree to the Company's use of your geographic location data from your mobile device when requested to do so. For more details on the personal data collected by the Company and its use, cf. Article 14 “Protection of Privacy and Personal Data - Cookies” of these General Terms of Use and Sale.
  4. Once all the above steps have been taken, the User may, under the conditions set forth in Article 6 of these General Conditions of Use and Sale, subscribe to a Subscription to access the desired Services.

ARTICLE 4 - GENERAL DESCRIPTION OF THE SITE AND SERVICES

Through the Site, Users therefore can:

  • Become acquainted with the features of the Services offered for different types of Subscriptions;
  • Register on the Site and subscribe, knowingly to the Services offered by the Company as part of a paid Subscription;
  • Proceed to pay for their Subscription through secure payment services;
  • To be equally informed of their rights and obligations, through these General Terms and Conditions of Use and Sale.

ARTICLE 5 - PRICE OF SERVICES

5.1. As provided in Article 4 of these Terms of Use, the Services offered by the Site are subject to a fee and are accessible only by Subscription. Subscriptions to the Services are concluded for an indefinite period from the date of subscription. It is possible to withdraw from the different types of Subscriptions at any time by means of a notice pursuant to Article 9 of these General Terms and Conditions of Use and Sale. The prices of the Subscriptions are indicated on the Site, in pounds (£), and are inclusive of all taxes, including VAT. 5.2. Probationary period In order to fully satisfy its Customer Users, the Company offers a Trial Period for each type of Subscription. For each type of Subscription, the Customer User has a Trial Period of three (3) days, at the cost indicated on the Site. The Trial Period starts from the date of subscription of the Services. During the Trial Period, the User Customer may make use of the Services (in the amount and manner indicated on the Site) and, may at any time, cancel the Subscription subscribed simply by contacting the Company's Customer Service, in order to inform him of his decision. Customer Service will acknowledge receipt of your request and the User will then be billed only the amount due for the Trial Period, as detailed on the Site. 5.3. Subscription and its payment shall be made under the conditions set forth in Article 6 “Subscription” and Article 7 “Payment” of these General Terms and Conditions of Use and Sale.

ARTICLE 6 - SUBSCRIPTION SUBSCRIPTION (REGISTRATION AND VALIDATION)

6.1. Navigation within the Site As a reminder (see Article 3.2 of these General Terms and Conditions of Use and Sale), the User can become acquainted with the various paid Services offered by subscribing to a Subscription on its Site. The User can freely browse the various pages of the Site without being committed to any Subscription. 6.2. Prior User Registration Registration as a Customer User is preliminary and necessary in order to subscribe to the paid Services of the Site, via a Subscription. Such registration (creation of the Customer Account) is carried out in accordance with the procedure detailed in Article 3 “Access to the Site and Services” of these General Terms and Conditions of Use and Sale. 6.3. Registration of Subscription Once a Customer Account has been created in accordance with the procedure detailed in Article 3 “Access to the Site and Services” of these General Terms of Use and Sale, the User Customer may subscribe to a Subscription. At any time, the User may:

  • Consult a summary of the Subscription,
  • Change the selected Subscription or cancel your selection. 6.4. Final order validation After selecting the Subscription and noting the details of the order, the User Customer declares that he or she fully and unreservedly accepts the Subscription pricing conditions indicated on the Site and these General Terms and Conditions of Use and Sale, he or she may click on the button provided for this purpose to finally confirm the order. In the case of payment by credit card, the User shall fill in certain information regarding the credit card used:
    • The credit card holder;
    • The number of the credit card;
    • The expiration date of the latter;
    • The card verification code, or CVC/CVV(3-digit number on the back of the bank card) It should be noted that by making an immediate payment by credit card, as provided in Article 7 of these General Terms and Conditions of Use and Sale, the User Customer will automatically switch to the payment server of a secure payment platform. The server of this payment platform is protected by S.S.L. (Secure Socket Layer) encryption so as to protect in the most effective way all data related to the means of payment. At no time does the Client User's banking data pass through the Company's computer system and therefore the Company assumes no responsibility for it. As soon as the Client User validates the credit card payment, the purchase is registered and becomes irrevocable. The purchase will be recorded in the Company's computer files, which are themselves stored in a reliable and durable medium and will be considered as proof of the contractual relationship between the Parties. 6.5. Confirmation of Subscription Once the credit card payment is validated, the User Customer will display on the screen, a summary of the payment order including the reference of the purchase, the chosen Subscription, the date and the invoiced amount. This summary of the purchase will also be sent immediately by e-mail, to the e-mail address provided at the time of registration. This confirmation will include all the constituent elements of the contract concluded between the Parties, namely:
    • Site Name
    • The details of the Subscription, including the duration of the Subscription, including the date and time of renewal, the price of the Subscription subscribed, the billing cycle and the amount billed,
    • The main features of the paid Services subscribed under the 'Subscription,
    • The reminder of the User Customer's identification data that enables him/her to access the Site and the Services subscribed under his/her Subscription (username and password)
    • These General Terms and Conditions of Use and Sale accepted at the time of purchase by the User Customer, accessible and downloadable at any time via a hyperlink inserted in the e-mail. Link to cancel the subscribed Subscription. Failure to receive the confirmation e-mail, for any reason whatsoever (e.g. communication by the Customer User of an incorrect e-mail address, filtering by an anti-spam, etc.), does not affect the validity of the Customer User's Subscription. The Company recommends the Client User to keep the received Subscription subscription confirmation e-mail or print it out. In any case, documents stored in the Company's computer systems will be considered as legal evidence. A summary of the purchase will also be available under “My Account”.

ARTICLE 7 - PAYMENT

7.1. Methods of payment As specified in Article 5 of these General Terms of Use and Sale, the Subscriptions to the Services are contracts of indefinite duration. Users may terminate the different types of Subscriptions in the manner detailed in Article 9 below. The Subscription fee will be charged at the intervals provided for the different types of Subscription, by periodic payment by credit card. The first charge corresponding to the three-day Trial Period (as specified in Articles 5.2. and 5.3) shall be made on the day of the first Subscription subscription. If the User Customer has not terminated the Subscription during the Trial Period, subsequent charges are made according to the periodicity set out in the purchase details and payment page of the Site. In the event that the transaction is rejected, the Company reserves the right to retry the debit transaction at a later time, in one or more times, without the total of the charges exceeding the value of the Subscription subscribed. The User Customer acknowledges that the disclosure of his/her credit card information shall count as authorization from the debit of his/her bank account through his/her credit card number, in favor of the Company, for the amount of the Subscription subscribed and according to the periodicity established in the summary of his/her purchase of the Site. In any case, before subscribing to any Subscription under the conditions set forth in Article 6 of these General Terms of Use and Sale, the User Customer is invited to make sure that he/she fully understands its features and its price. The options for withdrawal and cancellation of the Subscription to the Services subscribed by the User Customer are specified in Article 9 of these General Terms of Use and Sale. These are in addition to the option offered to the User Customer to terminate the Subscription during the Trial Period (see Article 5.2 of these General Terms of Use and Sale). 7.2. Fight against fraud In order to suppress fraudulent use of the credit card, the Company reserves the right to contact the User Customer, to ask him/her to provide proof of identity. In addition, the Company reminds that any unfounded challenge to a charge made on the credit card (chargeback) constitutes an offense.

ARTICLE 8 - PROVISION OF SERVICES

Subscribed the Subscription, the Services are made available, immediately after the final confirmation of the order. The connection procedure is reminded to the User Customer in the e-mail sent to him/her upon confirmation of the order (see Article 6.5 of these General Terms and Conditions of Use and Sale). During the Trial Period, the Services are available in the quantity and manner indicated on the Site.

ARTICLE 9 - RIGHT OF WITHDRAWAL

9.1. Right of withdrawal ex Art. 52 Consumer Code In accordance with the regulations in force, the Customer qualifying as a “consumer within the meaning of Article 3 of Legislative Decree 206/2005 (the so-called ‘Consumer Code’), may exercise the right to withdraw from the Subscription subscribed in the form and manner provided for in Articles 52 et seq. of the Consumer Code within the period of fourteen (14) days, starting from the date of subscription of his Subscription, without penalty and without providing a reason. At the end of this period, the Customer may exercise the ordinary right of withdrawal pursuant to Article 9.2 below. The withdrawal ex Art. 52 Consumer Code may no longer be exercised when the User Customer, has started to use his Subscription by checking the box provided for this purpose, accessing, the paid services of the Site before the end of the fourteen (14) days. The right of withdrawal may be exercised:

  • by means of a withdrawal form drawn up in accordance with the regulations in force and annexed sub A to these General Conditions of Use and Sale or made available to you upon simple request to the Company's Customer Service,;
  • by any other explicit statement, for example by sending a letter to the contact details indicated in the Contact Us Section of the Site or an e-mail to the Company's Customer Service indicating the following information : Surname, first name, address, telephone number, e-mail address of the User Customer, references of the subscribed Subscription subject to the exercise of the right of withdrawal (subscription date and order number). Upon receipt of the withdrawal form or the above written notice, the Company will acknowledge its receipt. Then, within fourteen (14) days from such date of receipt, the Company will refund all sums paid by the User Customer in connection with the Subscription subscribed, which is the subject of the withdrawal, using the same means of payment used by the User to subscribe to the Subscription, unless the Customer has expressly agreed otherwise and provided that the Customer does not incur any costs as a consequence of the refund. In the latter case, the Customer will be required to provide the Company with a bank statement of the c/c account to which the amounts will be credited again. 9.2. Ordinary Right of Withdrawal At any time, free of charge and without stating any reasons, the User Customer may withdraw from the subscribed Subscription directly by accessing the 'customer area of the Site, thanks to the credentials associated with his Customer Account. In this case, the cancellation of the User Customer will be effective immediately, without penalty, but will in no case result in a refund of the period billed. In fact, given the nature of the Services, each billed period is fully due by the Client User and cannot be subject to any claim for reimbursement. An e-mail will be sent to the User Customer confirming the termination of their Subscription.

ARTICLE 10 - COMMERCIAL GUARANTEE “SATISFIED OR REFUNDED”

In addition to the right of withdrawal pursuant to Article 52 of the Consumer Code, the ordinary right of withdrawal (cf. Article 9 of these General Conditions of Use and Sale) and the withdrawal from the Subscription during the Trial Period (cf. Article 5.2 of these General Conditions of Use and Sale), the Company offers its Customer Users an additional commercial guarantee on its Services, the “Satisfied or Reimbursed” Guarantee. The Company thus undertakes to refund, to any Customer User who so requests, in accordance with the conditions set forth below, the last amount paid to the Company under the subscribed Subscription if the latter is not satisfied with the Services rendered. This “Satisfied or Refunded” commercial guarantee is applicable to the last amount paid to the Company, by the User Customer, after the Trial Period, payment following which the User Customer has notified the Company of his request for refund, provided that the following conditions are met. To enforce this commercial guarantee, the Customer must first ensure that the following conditions are met:

  • To have complied with the obligations under these Terms of Use and Terms of Sale,
  • Not having made improper or fraudulent use of the Services for which you are requesting reimbursement
  • Having completed a refund request form from the Company's Customer Service Department. Note: All refund requests will be subject to verification by the Company. The Company will not accept claims that it believes have been made fraudulently or in bad faith. The User may then make a refund request to the Company, according to the following terms:
    • The request for reimbursement must be made by registered mail with return receipt, sent to the Customer Service Department of the Company whose postal address indicated in the introduction of these General Terms and Conditions of Use and Sale.
    • Such a request must necessarily be accompanied:
      • From the reimbursement request form previously obtained from the Company's Customer Service Department, duly filled out with the required information (Surname, first name, address, telephone number, email address of the User Customer, as well as the indication of the subscribed Subscription that is the subject of the reimbursement request (containing the Subscription references, subscription date and order number,),
      • Of the printed copy of the order confirmation email sent by the Company to the User Customer (cf. Article 6.5 above),
      • Of a bank statement of the checking account in the Customer's name, in the event that the Customer has opted for reimbursement by the Company by bank transfer. The costs of sending the reimbursement request shall remain the sole responsibility of the Customer User. Any incomplete refund request will be rejected. If the above conditions are met, the Company will then process the requested refund only to the credit card used for the first payment, within thirty (30) days from the date of receipt by the Company of the refund request. The contract between the Company and the User Customer will cease to be effective on the same date. This “Satisfied or Refunded” guarantee is strictly limited to one refund request per Customer User.

ARTICLE 11 - RESPONSIBILITY OF USERS

11.1. General Obligations of Users: 11.1.1. The User, Customer or mere visitor, agrees to access the Site and use its features in accordance with applicable laws and these General Terms and Conditions of Use and Sale. 11.1.2. The User is and remains, under all circumstances, responsible for his/her use of the Site, its features and the Services to which he/she has access. Accordingly, the User is urged to use discretion and caution with respect to the information to which he/she accesses and/or transmits as part of his/her use of the Site and Services. 11.1.3. The User is obliged to use the Site and the Services in accordance with the provisions set forth in these Terms of Use and Terms of Sale, agreeing not to violate applicable laws and regulations. 11.1.4. The User is solely responsible for any direct or indirect damages that he/she may suffer as a result of inaccurate, incomplete and/or misleading information that he/she may provide at the time of registration and during the use of the Services, and/or in the absence of updating such information, and he/she assumes responsibility for it. 11.1.5. The Company reserves the right, without prior notice, to suspend or terminate the User's Account and/or deny him/her access to all or part of the features of the Site and Services in the event of use that does not comply with these Terms of Use and Terms of Sale.

ARTICLE 12 - SITE RESPONSIBILITY

12.1. Technical performance: 12.1.1. Connection to the Site implies the User's knowledge and acceptance of the characteristics and limitations of the Internet and mobile phone networks, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and, more generally, the risks inherent in any connection and transmission over the Internet/mobile phone networks, the lack of protection of certain data against possible detour and the risk of contamination by possible computer viruses circulating on the Internet and mobile phone networks. Consequently, the Company cannot under any circumstances be held liable for malfunctions due to the acts of third parties. The Company cannot be held liable for any malfunctions of the Internet and mobile phone networks resulting in errors in the administration, security, integrity or data management of a Customer Account. Users are responsible for their use of the Site, their actions, and must comply with these Terms of Use and Terms of Sale by acting in a manner consistent with the functionality of the Site and applicable laws and regulations. Any other use authorizes the Company to act in accordance with the conditions set forth in Article 12 “ Suspension - Cancellation ” below. It is the responsibility of any User to take all appropriate measures to protect their data and/or software stored on their computer and/or mobile device from any breach. 12.1.2. Accessibility and Continuity of the Site The Site is accessible 7 days a week and 24 hours a day, subject to interruption, scheduled or otherwise, for the purpose of its maintenance; in the event of force majeure, the Company may restrict access to the Site if the security of its operation and the maintenance of its integrity make such measures necessary. The Company is bound only by an obligation of means in providing continuity of access to the Site and Services. Therefore, the Company does not guarantee that the Site and Services offered will be continuous, without temporary or permanent interruption, or without suspension or error. In addition, any changes or modifications to the Services may result in an update and/or temporary unavailability of the Site, which shall in no way result in the liability of the Company. 12.1.3. Except in the case of willful misconduct or gross negligence, the Company shall only be liable for direct damages caused by its default and foreseeable at the time of Subscription. Therefore, the Company shall not be liable for any damages such as loss of profits, loss of benefits, loss or alteration of data, or costs incurred in the acquisition of substitute services, which are not an immediate and direct consequence of its breach and which were not foreseeable at the time of Subscription. 12.1.4. The Company will not accept claims relating to inadequate or improper performance of the Services that may be attributable to the User or to the act of a third party unrelated to the provision of the Services or to a case of force majeure as defined in Article 19 below. 12.1.5. Responsibilities of the Company as a provider of Services The Company undertakes to employ all due diligence and care necessary for the provision of quality Services. The Company does not provide services of legal and juridical advice, drafting of private deeds or representation of Client Users. Taking into account that this is a means obligation, the Company also does not guarantee the adequacy of its model contracts, tutorials, practice guides, administrative forms and administrative assistance with the specific needs of the Customer User.

ARTICLE 13 - SUSPENSION - CANCELLATION

Users are responsible for their use of the Site and its features, their own actions, and must abide by the rules of these Terms of Use and Terms of Sale by acting in compliance with applicable laws and regulations. The Company is authorized to use all necessary measures to prevent or detect any illegal or fraudulent use of its Site and Services. In the event of User's failure to comply with any of the provisions of these General Terms of Use and Sale, the Company reserves the right, without prior notice and without awarding any compensation, and taking into account the seriousness of the alleged violation, to:

  • Notify the User of the established violation and ask the User to remedy it;
  • Suspend the User's access to all or part of the Site, its features and Services;
  • As a last resort, if the User has not remedied the detected violation within a reasonable period of time, terminate the User's access to the Site, its functionalities and the Services (also deleting the User's Account and its content); and this, without prejudice to any other actions that may be taken by the Company, without prejudice to any action by the Company for damages.

ARTICLE 14 - PROTECTION OF PRIVACY AND PERSONAL DATA - COOKIES

14.1. Personal Data The provision of personal data required in the context of distance selling is obligatory; this data is necessary in particular for the creation of the User's Customer Account, registration, processing and provision of orders, as well as for the creation of invoices. The transmitted data will remain strictly confidential. Failure to provide such personal data implies the inability to create a Customer Account and the automatic rejection of any orders. The processing of the Customer User's personal data will take place in accordance with Legislative Decree 196/2003 “as amended by Legislative Decree 101/2018 to the EU Regulation 2016/679, issued at the time of subscription to the Subscription and by virtue of the consent to the processing of data manifested by the Customer. 14.2. Cookie In order to improve the User's experience and offer rich and personalized content, the Company may use cookies. Specifically, a cookie is a text file that can be saved in the User's device (computer, tablet, or smartphone) while viewing the Site with browsing software. A cookie will allow its issuer, during its validity period, to recognize the relevant device whenever this device accesses a digital content containing cookies from the same issuer. When the User connects to the Site, the Company may be led, depending on the User's choices, to install various cookies on his or her device, allowing us to recognize the individual who is accessing the Site from his or her device during the validity period of the cookie in question. The Company's strong commitment to respecting the privacy of its Users and to the use of cookies is illustrated through the implementation of a Cookie Charter available under the “ Cookies ” section of the Site. This Charter, which is an integral part of these General Terms and Conditions of Use and Sale, has been prepared by the Company so that each User can be usefully informed about the cookies that can be installed and the use that can be made of them, but also how they can be activated or deactivated based on the User's choices. Cookies issued by the Company or its partners are then used for the purposes described in the Cookie Charter, subject to the User's choices that will result from the parameters of his or her browsing software used while visiting the Site.

ARTICLE 15 - INTELLECTUAL PROPERTY

15.1. These Terms and Conditions of Use and Sale do not imply any assignment of intellectual property rights, whatever they may be, in the Site owned by the Company, for the benefit of the User. 15.2. The User acknowledges and agrees that the content (including the data, databases, software, APIs, layouts, and graphical aspects, images, videos, audio tracks, information, documentation, tutorials, forms, illustrations, logos, trademarks, etc. hereinafter referred to as “the Content”) appearing or available on the Site is protected by copyright, trademark, patent, database, or any other right recognized by applicable legislation. Accordingly, any copying, reproduction, representation, adaptation, alteration, modification, or dissemination, in whole or in part, of the Content that appears or is available on the Site, whether the Content belongs to the Company, a third party, or a User, without prior permission, is illegal. 15.3 Beginning with its access to the Site, and only for this reason, the Company grants to the User, a private, non-exclusive and non-collective right of use, to the exclusion of any for-profit use of the content itself. The concession is valid throughout the world and as long as the Site is accessible. This right of use is not transferable in any way. Without prejudice to the right of use granted above to the User, copying, reproducing, representing, modifying and/or exploiting, in any way and for any purpose, all or any part of the structure and Content of the Site is prohibited. 15.4. The information and databases accessible on the Site are the property of the Company, with the exception of third-party content and third-party trademarks that are reproduced on the Site. Therefore, without the express and prior permission of the Company, any reproduction, representation and use is prohibited, and in particular: Any adaptation, making available to the public at its request or otherwise, distribution, retransmission in any form, networking, public communication of all or part of the Services, works, performances, trademarks and all elements protected or likely to be protected by intellectual property law reproduced on the Site. Any extraction or reuse, repeated and systematic, even for private purposes, of even an insubstantial part of the content of the databases of which the Company is the producer. 15.5. A User who fails to comply with the terms of this Article is subject to civil or criminal prosecution for copyright infringement, trademark and patent infringement, database producer rights, and automated data processing systems.

ARTICLE 16 - HYPERLINKS TO/FROM THE SITE

16.1. Links from the Site The Site may contain hyperlinks pointing to other Internet sites that are not owned or controlled by the Company. These third-party Internet sites may be official government, institutional, or even private or commercial Internet sites. The Company has no control over the content, data protection charters or practices of third-party sites and disclaims any responsibility for them. You acknowledge and agree that the Company is not responsible for the availability of these external sites and resources and does not endorse either the advertising or the products or other materials appearing on or accessible from these Internet sites or external resources. The User acknowledges and agrees that the Company cannot be held responsible for any loss or damage that may occur as a result of the use of such external sites or resources or for the content, products, services, information, materials, software of third-party sites containing a hyperlink from the Site. The Company encourages Users to read the general conditions and data protection principles of other sites linked to the Site. 16.2. Links to the Site The Company authorizes the User to create:

  • One or more hyperlinks pointing to the home page of the Site;
  • One or more hyperlinks pointing to the home page of the various sections of the Site. However, if the hyperlink(s) created by the User is or may appear to be detrimental to the Company, the Company reserves the right to revoke this authorization at any time and to require the User to immediately remove the hyperlink(s) in question. In any case, the existence of a hyperlink from a third-party site to the Site does not imply any cooperation between the Company and this third-party site. As with the links from the Site mentioned above, the User acknowledges and agrees that the Company has no control over third-party sites and therefore assumes no responsibility for the content, products, services, information, materials, software of third-party sites containing a hyperlink to the Site.

ARTICLE 17 - ACCEPTANCE OF THE GENERAL CONDITIONS OF USE AND SALE

Any User who does not wish to adhere to these General Conditions of Use and Sale must absolutely refrain from accessing the Site, the Services and the functionalities offered by them. The User will not be able to use the Site and its features and, consequently, accept these General Terms of Use and Sale if:

  • Has not reached the minimum legal age (the User must be of legal age) required to enter into a contract with the Company and does not have full capacity to accept these General Terms and Conditions of Use and Sale;
  • Is not acting for strictly personal purposes or, in any case, related to the performance of his or her profession;
  • The laws of his country of residence or of the country from which he accesses or uses the Services prevent him from receiving or using the Services or prohibit such receipt or use. Acceptance of these General Terms and Conditions of Use and Sale shall be evidenced by the checking of the box provided for that purpose on the Site as part of the registration procedure provided for in Article 3 above. In any event, the User's use of the Site implies full acceptance of these General Conditions of Use and Sale.

ARTICLE 18 - MODIFICATION AND CONSULTATION OF THE GENERAL CONDITIONS OF USE AND SALE

By using the Company's Site and Services, Users acknowledge and accept, without limitation or reservation, these Terms of Use and Sale and agree to refer to them systematically during each connection. In order to adapt to any changes made to its Site and Services, the Company reserves the right to modify, unilaterally these General Conditions of Use and Sale. In the event of changes made to the General Conditions of Use and Sale, the new conditions will be communicated to the Customer, in a durable medium, by e-mail or publication on the Site. The aforesaid changes will take effect 30 (thirty) days from the date of their communication, except for changes in the economic terms, which will remain unchanged, as provided in Article 5.3 above. In the event that the Customer does not intend to accept the changes made, it may exercise within the aforementioned period the right to withdraw from the Subscription by written notice to be sent by registered mail to the address indicated in the “Contact Us” Section of the Site. In the absence of exercise of the right of withdrawal by the Customer, the changes will be deemed to be known and accepted by the Customer. All provisions of the Terms of Use and Sale, can be viewed and printed free of charge at any time from the Site, in the dedicated “CGUV”.

ARTICLE 19 - THIRD-PARTY PLATFORMS AND PARTNER TERMS OF USE

In addition to these General Terms of Use and Terms of Sale, the User Customer agrees to abide by the Terms of Use of any Partners providing the Services. Furthermore, the Company cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User Customer has access through the Site.

ARTICLE 20 - FORCE MAJEURE

In the event of force majeure, obligations under these Terms of Use and Terms of Sale shall be suspended for the duration of the force majeure. The User may not request a reduction or refund of the Subscription and fees related to the Services. However, if the force majeure causes persist beyond a period of 30 (thirty) consecutive days, the Subscription shall be considered terminated, unless otherwise agreed between the parties. By way of example and without limitation, the following shall be considered force majeure under these General Terms and Conditions of Use and Sale: the cases of strikes, lock-outs, attacks, bad weather, epidemic, blockage of means of transportation and supply, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, disruptions in telecommunications (Internet and/or mobile telephony), failure or overloading of communication networks, and all other cases that are beyond the control of the parties, preventing the normal execution of these General Terms of Use and Sale or the normal use of the Site, its Services and its functionalities.

ARTICLE 21 - TOLERANCE

The Company's failure to enforce a default or breach by the User of any of its contractual or statutory obligations shall not be construed as a waiver of the benefit of such right. The Company's failure to enforce any provision of these Terms of Use and Terms of Sale does not imply any waiver of the benefit of that provision.

ARTICLE 22 - EVIDENCE, PRESERVATION AND STORAGE

The computer records stored in the Company's computer systems shall be considered as proof of the communications that have taken place between the User and the Company. The storage of these General Terms and Conditions of Use and Sale accepted by the User under the conditions set forth in Article 17 above shall be made on a reliable and durable medium so as to correspond to a true copy.

ARTICLE 23 - ADDITIONAL INFORMATION - CUSTOMER SERVICE

If you have any questions regarding these Terms of Use and Terms of Sale, the Site and its functionality or the Services, you are encouraged to contact the Company via the “Contact Us” section of the Site, which allows you to contact the Company's Customer Service. The Company is aware that, in practice, emails often do not reach their recipients due to spam filters, a firewall, or even reaching maximum mailbox capacity. Therefore, in order to mitigate this inconvenience, the Company offers any User the possibility to request the communication of all information and/or documents concerning him/her (e-mail referrals, invoices, etc.), upon simple request made to the Company's Customer Service.

ARTICLE 24 - APPLICABLE LAW - COMPETENT JURISDICTIONS

These General Conditions of Use and Sale are subject to Italian law. Should a dispute arise in the context of the execution or interpretation of these General Terms of Use and Sale, and prior to any possible legal action, the User Customer is invited to contact the Company to try to reach an amicable agreement (conventional mediation procedure or any other alternative method of out-of-court dispute resolution). Any complaints regarding the Services may be submitted to Customer Service under the “Contact Us” section of the Site.