The following are the terms and conditions under which SOFFASS S.P.A offers users access to its services available on the website called ‘Regina Paper for People user page’.
1. Definitions To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meanings set forth below
Data Controller: SOFFASS S.P.A, with registered office at Via Fossanuova 59 – 55016 Porcari (LU) , VAT number 01829730462, 174401
Application: the Regina Paper for People user page website, managed by the Data Controller, which offers varying content from the world of Regina Paper for People, offers, discounts and information on competitions.
Products: the products and/or services offered through the Application;
User: the subject accessing the Application, without distinction of legal nature and purpose pursued, interested in the Products offered through the Application;
Consumer: a natural person acting for purposes unrelated to any commercial, craft or professional business activity that may be carried on;
Conditions: this contract governs the relationship between the Data Controller and the Users.
2. Registration In order to use some features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form, reading the information and giving – where deemed appropriate – their consent to the processing of data for certain specific purposes, as well as accepting these Conditions. The User is responsible for safeguarding their login details. It is understood that under no circumstances may the Data Controller be held liable in the event of loss, disclosure, theft or unauthorised use by third parties, for whatever reason, of Users’ login details.
3. Account cancellation and closure
Registered Users may discontinue use of the Products at any time and deactivate their accounts or request deletion thereof through the Application interface, if possible, or by sending a written notice to firstname.lastname@example.org.
The Data Controller reserves the right to suspend or close the User’s account at any time and without prior notice in the event of a breach by the User of these Terms or applicable law.
4. Content sent by Users
The User may upload material, content, information, announcements or advertisements (hereinafter ‘Content’) to the Application, provided that the Content is not illegal (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or in violation of the privacy, intellectual and/or industrial property rights of the Data Controller and/or third parties) or otherwise objectionable or harmful to the Data Controller and/or third parties and provided that it does not contain viruses, political propaganda, commercial solicitations, mass e-mail or any other form of spamming.
The User is totally and exclusively responsible for the use of the Application (to be understood with regard to the functions of publication, consultation, content management and contact between Users) and is therefore the sole guarantor and responsible for the goods and services offered as well as the correctness, completeness and lawfulness of the Content and the User’s own behaviour in the context of contact between Users. In the event of publishing advertisements, the User guarantees the availability and/or ownership of the good/service covered by the advertisements. The User also guarantees that any such advertisements do not infringe any copyright, industrial property rights or other rights of third parties. In the event of dispute by third parties regarding any advertisement or conduct related thereto, the User assumes full liability and undertakes to hold the Data Controller harmless and indemnified from any damage, loss or expense. The Data Controller, while not being able to ensure timely control over the Content received, reserves the right to delete, move or amend any content that, in its opinion, appears illegal, abusive, defamatory, obscene or harmful to copyright and trademarks or in any case unacceptable. The use of violent language will be grounds for immediate suspension and expulsion from the Application. It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and login details of another User in order to appropriate their identity, or in any other way to make false declarations about the origin of the Content.
The User acknowledges and accepts that the Content sent to interact with the Application (for example, to send comments, express opinions, participate in surveys and initiatives, send images or video and audio files) may be amended, removed or published by the Data Controller. The User grants the Data Controller an unlimited right of non-exclusive use of the Content sent by the User, without limitation of geographical areas. The Data Controller may therefore, directly or through trusted third parties use, amend, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, edit and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form or with any tool currently known or to be invented in the future, any Content (including images, messages, including audio and video), which may be sent by the User, even through third parties.
The following are expressly forbidden, unless expressly authorised by the Data Controller:
(i) the use of automatic advertisement loading systems, except for those expressly authorised; (ii) serial publication and/or management of advertisements on behalf of third parties by any means or methods; (iii) resale of the Data Controller’s services to third parties.
In relation to the Content sent, the User therefore renounces all material and moral rights that they may have as author also with regard to the amendments made by the Data Controller to such Content, including where the amendments are not appreciated or accepted by the author.
Submitted Content will not be returned and will remain the property of the Data Controller, which therefore remains exempt from any liability to Users for the loss, amendment or destruction of the Content transmitted. The User also guarantees that the Content is sent to the Application via their account by an adult who has reached the age of majority. For minors, the submission of Content must be screened and authorised by those exercising parental authority.
5. Industrial and Intellectual Property Rights
The Data Controller declares that it is the owner and/or licensee of all intellectual property rights relating and/or adhering to the Application and/or the materials and contents available on the Application.
These Terms do not grant the User any licence to use the Application and/or individual Content and/or materials available therein, unless otherwise regulated. The User acknowledges and accepts that (i) any and all brands, trademarks, logos, titles, company names, domain names, distinctive signs, product names, whether registered or unregistered, contained in the Site, (ii) any and all products that can be traced back to the same and/or design, relative model, even if unregistered, reproduced in the Site, (iii) any and all content and/or textual, visual, audio-visual material of the Site, including without limitation settings and graphics, information and/or editorial content, images, photographs, illustrations, music and videos, are and remain the property of the Data Controller.
Nothing contained in these Terms may have the effect of transferring, licensing and/or otherwise disposing of the above rights in favour of the User or any third party.
The User undertakes not to perform or omit any act that does not respect or may otherwise affect the above rights.
Any reproduction in any form of the explanatory texts and contents of the Application, if not authorised, will be considered an infringement of the Data Controller’s intellectual and industrial property rights.
6. Warranty Disclaimer
The Application is provided ‘as is’ and ‘as available’ and the Data Controller does not provide any explicit or implicit guarantee in relation to the Application, nor does the Data Controller provide any guarantee that the Application will meet the Users’ needs or that it will never be interrupted or error free or that it will be free of viruses or bugs.
The Data Controller shall endeavour to ensure that the Application is available 24 hours a day without interruption, but cannot be held liable in any way if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons beyond the Data Controller’s control or force majeure events.
7. Limitation of Liability
The Data Controller shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet network beyond its control or that of its sub-suppliers. The Data Controller shall also not be liable for damages, losses and costs incurred by the User as a result of failure to perform the contract for reasons not attributable to it, as the User is only entitled to a full refund of the price paid and any additional charges incurred. The Data Controller assumes no liability for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment when paying for services purchased, if it can prove that it has taken all possible precautions based on the best current knowledge and experience and on ordinary diligence.
The User undertakes to indemnify and hold harmless the Data Controller (as well as any subsidiaries or affiliate companies, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend itself in court, that may arise from damage caused to other Users or third parties, in relation to any Content uploaded or violation of the terms of law or the terms of these Conditions. The Data Controller shall therefore not be liable for:
1. Any loss that is not a direct consequence of the breach of contract by the Data Controller;
2. Any loss of business opportunity and any other loss, even indirect, that may be suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenue, income, profits or alleged savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
3. Incorrect or unsuitable use of the Application by Users or third parties;
4. The issue of incorrect tax documents due to errors in the data provided by the User, the latter being solely responsible for correct data entry.
In no case may the Data Controller be held liable for a sum exceeding twice the cost paid by the User.
8. Force Majeure
The Data Controller shall not be considered liable for failure or delay in the performance of its obligations for circumstances beyond the Data Controller’s reasonable control due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond its control, such as, by way of example and without limitation, breakdowns or interruptions to telephone or power lines, the Internet and/or other transmission tools, unavailability of websites, strikes, natural events, computer viruses and attacks, interruptions in the supply of products, services or applications of third parties.
The performance of obligations by the Data Controller will be deemed suspended for the period during which force majeure events occur.
The Data Controller shall do everything in its power in order to find solutions that allow the correct fulfilment of its obligations despite the persistence of force majeure events.
9. Links to third-party sites
The Application may contain links to third-party sites. The Data Controller does not exercise any control over them and is therefore in no way responsible for the content of these sites.
Some of these links may link to third-party sites that provide services through the Application. In these cases, the general conditions for the use of the site and the service provided by third parties will apply to the individual services, for which the Data Controller assumes no responsibility.
No waiver by either party of any provision of these Terms will be effective unless expressly stated to be a waiver and communicated in writing.
11. Invalidity of individual clauses
If any provision of these Terms is found to be unlawful or invalid, it will not be deemed to be part of the Terms and this will not affect the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
13. Governing law and jurisdiction
These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Data Controller has its registered office. If the User is a consumer pursuant to Art. 3 of the Consumer Code, the mandatory territorial jurisdiction is the court of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right for the User/consumer to bring proceedings in a court other than the ‘consumer’s court’ pursuant to Art. 66 bis of the Consumer Code, which has territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.
14. Online dispute resolution for consumers
Consumers living in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool may be used by the Consumer to resolve out of court any dispute relating to and/or arising from contracts for the sale of goods and services entered into online. Consequently, the Consumer may use this platform to resolve any dispute arising from the online contract entered into with the Data Controller. The platform is available at the following address: http://ec.europa.eu/consumers/odr/
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