Terms and Conditions of www.assaggiassisi.com
These Terms govern
- use of of this Web Site and
- any other Agreement or legal relationship with the Owner
in a binding manner. Expressions with the initial are defined in the relevant section of this document.
Please read this document carefully.
The entity responsible for this Website is:
AB.AV SRLS
Holder's PEC email address: [email protected]
Need to know at a glance
- Please note that certain provisions of these Terms may only apply to certain categories of Users. applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. Consumers. Such limitations are always explicitly mentioned in each clause concerned. clause concerned. In case of absence of mention, the clauses shall apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms and conditions of use of this this Web Site set out in this section apply generally.
Other conditions of use or access applicable in particular particular situations are expressly indicated in this document.
By using this Web Site you represent that you meet the following requirements:
- There are no There are no restrictions on the Users with respect to whether they are Consumers or Professional Users.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Web Site does not violate applicable law or the rights of third parties. third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to the rights and claims legally legally exercisable claims, Users are requested to address their complaints to the complaints to the addresses specified in this document.
Rights to the contents of this Website
The Owner owns and expressly reserves all rights of intellectual property on the above mentioned contents.
Users are not authorized to use the contents in any way that is not way that is not necessary or implicit in the proper use of the Service.
In particular, but without exclusions, it is forbidden to Users are prohibited from copying, downloading, sharing beyond the limits specified below, modify, translate, elaborate, publish, transmit, sell, grant sublicenses, transform, transfer/alienate to third parties or create derivative works from derivative works from content available on this Web Site, to allow third parties to engage in such activities. third parties to engage in such activities through your User account or device, even without your knowledge.
Where expressly stated on this Web Site, you are authorized to download, copy and/or share certain content available on this Website for personal and non-commercial purposes only and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances required by the Owner.
This is without prejudice to the limitations and exclusions provided by the copyright law.
Access to external resources
Through this Web Site Users may have access to to resources provided by third parties. The Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability. content and availability.
The conditions applicable to resources provided by third parties, including those including those applicable to any grant of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable applicable law.
It is the sole responsibility of the User to ensure that the use of of this Web Site and/or the Service does not violate any law, regulation or rights of third parties.
Therefore, the Data Controller reserves the right to adopt all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Web Site or the Service, terminate contracts, report any censurable activity carried out through this Website or the Service to the competent authorities or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User carries out or is suspected of carrying out that he/she is carrying out:
- violations of laws, regulations and/or the Terms;
- injury of third party rights;
- acts that may considerably prejudice the legitimate interests of the Holder;
- insults to the Owner or a third party.
Limitation of liability and indemnity
- Australian users
Limitation of liability
Nothing in these Terms shall exclude, limit or modify any warranty, condition, warranty modify any warranty, condition, indemnity, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state or similar state and territory legislation and which constitutes a right that cannot be be excluded, limited or modified in any way (non-excludable right). excludable). To the maximum extent permitted by law, our liability liability to you, including liability for breach of a non-excludable right and any other non-excludable right and any other liability not otherwise excluded under these Terms and Conditions is under these Terms and Conditions, is limited, at the option of the Owner, to the re-provision of the Services or payment of the cost of re-provision of the Services. of their provision.
- US users
Exclusion of warranty
The Owner provides this Website on an "as is" and "as available" basis. availability. Your use of the Service is at your own risk. Within maximum extent permitted by law, the Owner expressly excludes the conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, without limitation, any implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Holder or through the Service shall create any warranty not expressly provided for herein. present document
Notwithstanding the above, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and securely, on a continuous uninterrupted and secure at any particular time or location; that any defects or errors will be corrected; or defects or errors will be corrected; or that the Service will be free of viruses or other harmful harmful components. Any content downloaded or otherwise obtained through use of the Service is downloaded at your own risk, and you are solely responsible for any damage to the Service. is solely responsible for any damage to your computer system or mobile device or mobile device or for the loss of data resulting from such operation or from the from the use of the Service by the User.
Owner does not warrant, endorse, guarantee or assume responsibility for any product or responsibility for any products or services advertised or offered by third parties through the third parties through the Service nor any hyperlinked website or service. hyperlink. In addition, the Owner does not participate in or monitor in any way any transaction between Users and third party providers of products or services.
The Service may become inaccessible or may not work properly with your browser, device and/or operating system. of the User. The Owner cannot be held responsible for any damage, be it perceived or actual, arising from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The exclusions set forth above may not apply to Users. This Agreement gives you specific legal rights. You may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall Under no circumstances shall the Owner and its subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees shall not be held be held liable for
- any indirect, intentional, collateral, special, consequential or exemplary damage, including but not limited to including, but not limited to, damages for loss of profits, goodwill, use, data or other loss of loss of profits, goodwill, use, data or other intangible losses, arising from or arising out of or relating to the use of or inability to use the Service; and Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the unauthorized access to or use of the Service or your User account or the information contained therein;
- any errors, omissions or inaccuracies in the content;
- injury personal injury or property damage of any kind resulting from your access to or use of the Service; and use of the Service by the User;
- any unauthorised access to the security servers of the Owner and/or any personal personal information stored there
- any interruption or cessation of transmissions to or from the Service;
- any bugs, viruses, trojans 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 incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or 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, brand co-owners, partners, suppliers and employees shall be liable for any held liable for any claims, proceedings, liability, obligation, damage, loss or cost in an amount greater than the amount paid by the the amount paid by the User to the Owner during the previous 12 months, or for the the term of this Agreement between the Owner and the User, whichever is shorter. whichever is shorter.
This limitation of liability section applies to the maximum extent This limitation of liability section applies to the maximum extent permitted by law in the applicable applicable jurisdiction, regardless of whether the alleged liability arises out of contract, tort, negligence, strict liability or any other basis, even if any other basis, even if Holder has been advised of the possibility of such damage. possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to You. These Terms give you specific legal rights and you may have other rights which vary from may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms shall not apply to you beyond the limits of these Terms. Terms shall not apply to you to any extent permitted by applicable law.
Manleva
The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the partners, suppliers and employees from and against any and all claims, damages, obligations claims or demands, damages, obligations, losses, liabilities, burdens, or expenses, including without limitation debt and expense, including, without limitation, legal fees and expenses, arising out of arising from
- your use of or access to the Service by the User, including any data or content transmitted or content transmitted or received by the User;
- the violation of these Terms by the User, including, without limitation, any violation by the User of any of the but not limited to, any breach by You of any representation or warranty in these representations or warranties in these Terms;
- the infringement by the User of any rights of third parties, including, but not limited to limited to, any right related to privacy or intellectual property intellectual property rights;
- the violation by the User of any law, rule or regulation in force
- any content posted by the User account, including but not limited to misleading, false or inaccurate including, but not limited to, misleading, false or inaccurate information, and also including the case in which the access is carried out by third parties with the User's personal username and password User's personal username and password or other security measures, if any;
- the willful misconduct of the User; or
- the violation of any legal provision by you or your affiliates, officers, agents, brand co affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent employees, to the extent permitted by applicable law
Common provisions
- No implied waiver
The failure of the Holder to exercise its statutory rights or claims under these Terms shall not constitute a waiver thereof. under these Terms by the Owner shall not constitute a waiver thereof. No waiver shall be deemed conclusive as to any specific right or specific right or any other right.
- Interruption of Service
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to users. to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In case of termination of the Service, the In case of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law.
In addition, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts). force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.). etc.).
- Resale Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without prior written in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
- Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Web Site.
- Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Website are held exclusively by the Owner or its licensors and are protected under are protected in accordance with the legislation and international treaties applicable to intellectual property.
All trademarks - denominative or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Web Site are and remain the exclusive exclusive property of the Owner or its licensors and are protected in accordance with the regulations and legislation and international treaties applicable to intellectual intellectual property.
Changes to Terms
The Owner reserves the right to modify the Terms at any time. any time. In this case, the owner will give appropriate notice of changes to 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 User's acceptance of the updated Terms. If you do not wish to accept the If you do not wish to accept the changes, you must cease using the Service. Failure to accept the Updated Terms may result in either party's right to terminate the Agreement. the Agreement.
The previous applicable version continues to govern the relationship until acceptance by the User. This version may be requested from the Owner.
Any changes to these Terms will be communicated to you in writing at least one month before it becomes effective. If the Consumer does not accept the modified Terms, you shall be entitled to withdraw from the Agreement without any any prejudice and without any right to compensation within four months from the date on which the months from the date on which the amendments to the Terms became effective.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
Assignment of contract
The Holder reserves the right to transfer, assign, dispose of, novate or contract out any or all of its rights and obligations under these Terms. under these Terms, having regard to the legitimate interests of the Users.
The provisions relating to the amendment of these Terms shall apply.
You may not assign or transfer your rights and obligations under the rights and obligations under the Terms without the written consent of the of the Owner.
Contact
All communications regarding the use of this Web Site should be sent to the addresses indicated in this document.
Safeguard clause
If any provision of these Terms should be or become void or unenforceable under applicable law, the voidness or unenforceability of such nullity or ineffectiveness of such provision does not cause ineffectiveness of the remaining provisions, which shall remain valid and effective.
- European users
If any provision of these Terms shall be or become become void, invalid or unenforceable, the parties shall use their best endeavours to find a valid and effective substitute amicably find a valid and effective provision to replace the null, void or ineffective provision. invalid or ineffective provision.
In the event of failure to agree within the above time limits, if permitted or provided for by applicable law, the void, invalid or unenforceable provision shall be replaced by the applicable ineffective provision shall be replaced by the applicable legal provision.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not result in the invalidity of the entire Agreement, unless the invalid, void or ineffective provision under the Agreement is essential or of such ineffective under the Agreement are essential or of such importance that the parties would not have entered into the Agreement had they known that the provision provision would have been invalid, or in cases where the would impose an unreasonable and unacceptable burden on either party. parties.
- US users
Any invalid or ineffective provision shall be interpreted and interpreted and adapted to the extent necessary to render it valid, effective and in conformity conform to its original purpose.
These Terms constitute the entire agreement between User and Holder with respect to the subject matter hereof and shall prevail over any other communications communication, including any prior agreements, between the parties regarding the the regulated object.
These Terms will be enforced to the fullest extent permitted by law.
Applicable law
The Terms are governed by the law of the place where the place where the Holder is established, as indicated in the relevant section of this document regardless of conflict of law rules.
- Exception for European Consumers
However, notwithstanding the above, if the User acts as a European Consumer and has his habitual residence in a country with a higher level of consumer country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail. higher level of protection shall prevail.
Place of jurisdiction
The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall be subject to the exclusive jurisdiction of the courts for the place where 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.
- UK consumers
Consumers based in England and Wales may bring an action in relation to these Terms in the English and Welsh courts. and Welsh courts. If you are a Consumer located in Scotland, you may bring an action in relation to these Terms in the Scottish or English courts. I Consumers located in Northern Ireland may bring an action in relation to these Terms in the these Terms in the courts of Northern Ireland or England. England.
- US users
Each party expressly waives any right to a trial by a trial by jury, in any court, in connection with any action or dispute.
Any claim under these Terms must be made individually, and no party shall participate in any class action or other action or other proceeding with or on behalf of others.
US users
Post-contractual effectiveness
This Agreement shall remain in effect until terminated by either this Web Site or the User. Following termination, the provisions termination, the provisions of these Terms shall survive termination or expiry. intended to survive termination or expiration of the Agreement, including, without limitation, the of the Agreement, including but not limited to the following:
- the User's grant of licenses under these Terms shall continue indefinitely; and indefinite;
- the obligation User's indemnity obligation shall continue for a period of five years from the date of termination. termination;
- the exclusions of liability and warranties and the covenants set forth in the the disclaimers, warranties and covenants in the indemnity and limitations of liability section shall survive indefinitely. indefinite.