Acceptance of conditions of use of this website
FILIPPETTI SPA. AND ITS AFFILIATED COMPANIES PROVIDE THIS WEBSITE TO THE USER, ITS EMPLOYEES, AGENTS AND CONTRACTORS AND ANY OTHER AGENCY ON BEHALF OF WHICH THESE CONDITIONS ARE ACCEPTED (COLLECTIVELY KNOWN AS “THE USER”). THESE CONDITIONS ARE STIPULATED BY AND BETWEEN FILIPPETTI SPA.. AND THE USER WHO UNDERTAKES TO ACCEPT THEM: (a) SUBMITTING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER WAY; AND/OR (c) AGREEING TO ADHERE TO THESE CONDITIONS. ANYONE WHO DOES NOT AGREE TO ADHERE TO ALL THE CONDITIONS IS PROHIBITED FROM USING THIS WEBSITE.
1.2. This website (“the website”) shall include without any restriction: all the sites owned by Filippetti S.p.A., as well as other online services accessible through this website (collectively known as the “services”); (b) technical or contractual data relating to the product or programme linked to price determination, marketing or other useful information (“information”); (c) content like data, text, software, music, audio, photographs, graphics, video, messages or other material (“content”).
Filippetti SpA controls and executes operations relating to its websites in various geographic areas and does not intend to affirm that this website is suitable or available for use in any geographic area.
The products and services of Filippetti SpA are probably not available in the user’s area, and the products delivered may vary depending on the geographical area. Users who use the website on behalf of their employer shall ensure that they are authorised and accept these conditions on behalf of their employer and that the latter agrees to compensate the user in question and Filippetti SpA in the event of the conditions above being breached.
Purchases made by the user through the website are regulated by the standard conditions of Filippetti SpA and by the terms of sale applicable in their area, in addition to these conditions, unless otherwise specified, or the user does not have a valid licensing or purchase agreement written and stipulated with Filippetti SpA for a given product or service; in such case, the transaction shall be regulated based on the aforementioned separate agreement which shall be valid in the event of dispute.
2. Obligations and behaviour of the user
2.1. Given the use of the website by the user, the latter undertakes to: (A) provide complete, updated and accurate information relating to his data, if specified on a registration form on the website (the “registration data”); (b) manage the security of his password and identification data; (c) maintain and update in good time the registration data and any information provided to Filippetti SpA to ensure accuracy, topicality and completeness; and (d) accept all the risks associated with unauthorised access to the information and registration data.
The user shall be responsible for adequate protection and backup operations of data and/or equipment used together with the website.
2.2. The user shall be entirely accountable for all the content loaded on the site or posted or transmitted in any other way through the website. The user undertakes not to transfer adverts or transmit in any other form through the website content that: (A) is imprecise, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or in any other way, deplorable concerning Filippetti SpA or other users of the website; (b) includes the unauthorised diffusion of personal information; (c) breaches in any way the intellectual property rights of any user; or (d) contains a virus in the form of software or any other kind of computer code, file or programme specially designed to interrupt, destroy or restrict the function of any software or hardware by computer or telecommunication device. Filippetti SpA reserves the right to change or eliminate any content that breaches these conditions or which contain third party advertising material.
2.3. The user agrees not to use the website to (A) transmit emails that are unwanted or not requested; (b) impersonate someone from Filippetti SpA or others, or make fun of the identity of Filippetti SpA or others; (c) copy the letterheads or manipulate in any other way identifiers (including URL) with the intent to falsify the origin of any content sent through the services; (d) misrepresent his affiliation to persons or agencies; (e) disrupt the normal flow of dialogue or act in any other way to negatively affect the ability of other users to use the website; (f) undertake activities that breach any fiduciary relationship, applicable law at the international, national, state or local level or any regulation with value under the law, including but not limited to attempts intended to compromise the security of any account or network site, management of a lottery or activity linked to games of chance, intimidation or threats to cause harm to the person; or (g) collect or memorise personal data relating to other users unless these have authorised this action.
3. Confidentiality of Filippetti information
3.1. The user can have direct access through the website to particular details of a confidential nature relating to Filippetti SpA and its suppliers, including without any restriction, technical, contractual information relating to products, programmes, price determination, marketing and other useful information which is usually considered confidential (“confidential information”). Confidential information shall be treated with the utmost discretion. The right to,classified information pertains to Filippetti SpA and its suppliers.
3.2. The obligations of the user concerning confidential information shall expire five (5) years from the date of diffusion of the information in question.
Following withdrawal from the conditions or on request from Filippetti SpA, the user undertakes to suspend use of the confidential information and return or destroy it.
3.3. These conditions do not impose on the user any obligation concerning the confidential information definable by the user himself based on sufficient proof from a legal perspective in the following cases: (A) The user had it before receiving it from Filippetti SpA, without being obliged to maintain confidentiality; (b) a given piece of confidential information is well-known or becomes well-known to the public following an action or omission for which the user is not responsible or in any other way, without breaching these conditions; (c) the user obtained it from third parties who had the right to diffuse it, without accepting the obligation to preserve the confidentiality of this information; (d) the user developed material independently, without using the confidential information and without the participation of individuals who had access to it or (e) in response to valid provisions issued by a court or other governing authority by the law, or based on what is required to establish the rights of one of the parties based on these conditions and what was announced following notification by Filippetti SpA made in advance to allow Filippetti SpA the opportunity to object to this dissemination.
4. Content referring to Filippetti
4.2 Filippetti SpA shall not regularly control the content. However, Filippetti SpA and the authorised agencies reserve the right to control, restrict access to, change or eliminate any kind of content provided through the website.
5. Delivery of emails
Filippetto SpA undertakes to deliver any email message addressed to the user’s email address through the services of Filippetti SpA. However, given the nature of the email service, Filippetti SpA shall not be able to guarantee delivery of this email above.
The user undertakes to compensate and protect Filippetti SpA and its associated companies, affiliates, shareholders, executives, directors, agents, licence holders, suppliers, co-signatories to the agreement, other partners, employees and representatives from any request for compensation, including reasonable legal fees paid by any third parties because of or deriving from the content published by the user, the use or any link to the website by the user (including any use made by the user on behalf of his employer), breach by the user of these conditions or any third party rights.
7. Notifications; changes and transfers of service concessions; amendments to conditions
Filippetti SpA can send to the user notification by email, making use of the regular postal service or posting a notification or inserting links to notifications on the website. Filippetti SpA reserves the right to change, suspend or interrupt service provision (or of part of it) at any time and/or the use or access to it by the user, with or without notice. Filippetti SpA can also eliminate or prohibit access or use of all files and correlated information. Filippetti SpA declines any responsibility to the user or any third party for any changes, suspensions or interruptions of the service provider or the loss of correlated information. Filippetti SpA can amend these conditions at any time by publishing the amended conditions on this website.
8. Advertising and promotional activities
Filippetti SpA shall execute promotional and advertising activities for third parties on the website. The user’s correspondence or commercial operations with or participation in commercial operations of advertisers which are not Filippetti SpA, which are available on the website or through it, including payment and delivery of goods or correlated services, and any other condition, term, guarantee or declaration associated with the aforementioned commercial operations, shall exclusively occur between the user and the advertisers above. Filippetti SpA shall accept no liability for any losses or damage of any kind as a result of the activity above or the presence on the website of advertisers other than Filippetti SpA.
9. Content provided through links
9.1 The website has links to other internet sites or external resources. The user undertakes not to hold Filippetti SpA responsible for the availability of these resources or external sites or for any content, advertising material, product or other material available through or on such sites or resources. Filippetti SpA accepts no direct or indirect liability for any effective or presumed damage or loss caused by or linked to the use or through having relied on its content, goods or services available on or through such sites or resources.
10. Intellectual property rights
10.1 The user agrees not to reproduce, change, hire out, grant for lease, lend, sell, distribute, execute mirroring and framing, republish, download, transmit or create works derived from content belonging to others, whether completely, or in part and in any way, except as expressly authorised by Filippetti SpA or by those who provided the content. The user may not change, decompile or decode any software granted by Filippetti SpA to the user who also undertakes not to remove or change any copyright or trademark notifications or any notification expressing a right of ownership.
10.2 By “trademarks of Filippetti SpA” shall be meant all names, trademarks, logos, project, company image, slogans and other designations used by Filippetti SpA in relation to its products and services. The user agrees to comply with requirements for use relating to the logo and trademark of Filippetti SpA.
The user cannot remove or change the trademarks of Filippetti SpA or associate its products or materials with Filippetti SpA trademarks without the written authorisation of Filippetti SpA. The user undertakes to recognise the rights of Filippetti SpA concerning the trademarks of Filippetti SpA and agrees that any use of trademarks by the user itself shall be to the sole benefit of Filippetti SpA. The user undertakes not to include any trademark of Filippetti SpA in its own trademarks, and service identification marks, company names, internet addresses, domain names or any other similar title, for use linked to computers or products, services or technologies relating to the internet.
10.3 Filippetti SpA undertakes to respect the intellectual property rights of third parties and invites users of the website to do likewise. If the user considers that its work has been copied on this website to breach copyright, it is requested to contact our copyright agent, following the instructions described on the related website and linking to the address.
10.4 These conditions cannot be interpreted as authorising the granting of a licence or intellectual property right, whether for limitation, implication or any other way unless the conditions themselves declare this. Content owned by Filippetti SpA which is on this website can be viewed, copied, distributed and downloaded on condition that; (b) The copyright notification relating to content shall not be removed, and there is notification expressing the granting of authorisation (e.g. “Authorisation issued for use”); (b) content shall be used exclusively for personal and not for commercial use; (c) content shall not be copied or posted on any computer linked to a network or published in any way, except for cases where valid authorisation or a licence is issued for the material in question; and (d) content cannot be subject to any change. This authorisation shall automatically cease to be valid without any notice in cases where the user breaches any of the conditions or terms contained in Section 10.4. Following cessation, the User shall immediately destroy any downloaded and/or printed content.
11. Exclusions of guarantee
11.1 THE USER SHALL USE THIS WEBSITE AT ITS OWN RISK, UNLESS EXPRESSLY DECLARED OTHERWISE. THIS WEBSITE SHALL CONTAIN INFORMATION, SERVICES AND CONTENT (DEFINED IN SECTION 1.2) SHALL BE PROVIDED “IN THE CONDITION IN WHICH IT IS FOUND” “BASED ON WHAT IS AVAILABLE” AND “WITH ALL ITS DEFECTS”. FILIPPETTI SPA SHALL EXCLUDE ANY EXPRESS OR IMPLICIT CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND, INCLUDING ANY GUARANTEE OR IMPLICIT MARKETING CONDITION SUITABLE FOR A PARTICULAR GOAL OR NON-VIOLATION. FILIPPETTI SPA SHALL REFRAIN FROM ISSUING ANY REPRESENTATION, GUARANTEE, OR CONDITION RELATING TO THE QUALITY OF USE, ADEQUACY, TRUTH, ACCURACY OR COMPLETENESS OF THIS WEBSITE.
11.2 FILIPPETTI SPA SHALL NOT ISSUE ANY GUARANTEE OR REPRESENTATION WHERE: (a) THE WEBSITE SHALL NOT DISPLAY ANY INTERRUPTIONS, SHALL NOT BE IN GOOD TIME OR WITHOUT ANY ERRORS; (b) RESULTS WHICH CAN BE OBTAINED BY USING THE WEBSITE SHALL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCT, SERVICE, CONTENT, INFORMATION OR ANY MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE SHALL MEET THE EXPECTATIONS OR REQUIREMENTS OF THE USER; OR (d) ANY ERRORS ON THE WEBSITE SHALL BE CORRECTED.
11.3 THE USER SHALL ASSUME ANY RISK IN THE EVENT OF DAMAGE TO ITS COMPUTER OR LOSS OF DATA CAUSED BY OBTAINING CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGE CAUSED BY A COMPUTER VIRUS.
12. Limitation of responsibility
12.1 DEPENDING ON THE CIRCUMSTANCES PERMITTED BY LAW, FILIPPETTI SPA SHALL NOT ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL. ACCIDENTAL, CONSEQUENTIAL DAMAGE, OR FOR PUNITIVE DAMAGES (INCLUDING, WITHOUT RESTRICTION, LOSS OF COMMERCIAL OPERATIONS, LOSS OF INCOME, LOSS OF PROFIT, EARNINGS, USE, DATA, ORDERS SENT ELECTRONICALLY OR ANY OTHER ECONOMIC BENEFIT) CAUSED BY OR LINKED TO THIS WEBSITE, EVEN IN CASES WHERE FILIPPETTI SPA WAS PREVIOUSLY NOTIFIED OR WOULD HAVE BEEN ABLE TO FORESEE THE PROBABILITY OF SUCH DAMAGE OCCURRING, REGARDLESS OF ITS CAUSE, WHETHER IN BREACH OF CONTRACTUAL OR TORT LAWS (INCLUDING IN CASES OF NEGLIGENCE) INCLUDING WITHOUT RESTRICTION, DAMAGE CAUSED BY (A) THE USE OR IMPOSSIBILITY OF USING THE WEBSITE; (B) THE COST OF SUPPLYING REPLACEMENT GOODS AND SERVICES CAUSED BY GOODS, DATA, INFORMATION OR SERVICES ACQUIRED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS CONCLUDED THROUGH THE WEBSITE; (C) FROM DECLARATIONS OR THE BEHAVIOUR OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING, WITHOUT ANY LIMITATION, UNAUTHORISED ACCESS OR CHANGE TO DATA TRANSMISSION, MALICIOUS OR CRIMINAL ACTIONS OR FALSE OR FRADULENT TRANSACTIONS; OR (D) FROM CONTENT OR INFORMATION THAT THE USER MAY DOWNLOAD, USE, CHANGE OR DISTRIBUTE.
12.2 ANY PARTS OF THE LIMITATIONS MENTIONED ABOVE SHALL NOT APPLY IN CASES WHERE LOCAL JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE.
14. General conditions
14.1 The conditions shall constitute the entire agreement between the user and Filippetti SpA for the material treated and shall render null and void and replace any previous version of the conditions above. Any changes made to the conditions shall not be binding, except in cases where these are made in writing and signed by an authorised representative of Filippetti SpA.
The user shall not be entitled to assign or transfer in any other way the conditions above or any right granted on this basis. The user may also be subject to subsequent terms and conditions which may apply in the event of the use of products and services of Filippetti SpA or third parties.
14.2 The user shall accept that any material breach of Sections 2, 3, 4, 6 and 10 of these conditions may constitute the cause of irreparable damage suffered by Filippetti SpA for which compensation shall constitute an inadequate remedy and, consequently, in addition to its rights and remedies available under the law, Filippetti SpA shall be entitled to an equitable treatment, including a preliminary and permanent injunction in the event of this breach. The user shall waive any requirement for publication of a guarantee or any other protection in the event of Filippetti SpA having recourse to such an injunction.
14.3 Italian law and the applicable laws shall govern actions relating to the conditions and/or use by the user of this website. The choice of the law of any jurisdiction and convention of the United Nations Convention on Contracts for the International Sale of Goods shall not apply in the event of a dispute that may arise from these conditions. The user and Filippetti SpA shall agree to place themselves under the personal and exclusive jurisdiction of the courts in Ancona.
14.4 The services, content and product derived or obtained from this website may be subject to Italian laws regulating exports or the import and export laws of other countries. The user shall agree to respect these laws and primarily: (a) To obtain whatever authorisation may be necessary for importation, re-exportation and exportation based on the requirements of the laws applicable in Italy or by local regulations; (b) not to use services, content or products directly deriving from this website to protect, develop or produce missiles, chemical/biological or nuclear weapons; and (c) not to provide services, content or products directly deriving from this website to countries and agencies prohibited based on the provisions of the export regulations in force in Italy.
14.5 The rights and obligations enshrined in these conditions which, by their nature, continue to be valid, shall remain such even after the extinction or expiry of the conditions above.
14.6 The website may contain forward-looking declarations in the context of the meaning enshrined by the Private Securities Litigation Reform Act, 1995. These forward-looking declarations may include announcements relating to market expectations and opportunities, expectations of a financial nature linked to research, development and strategies, and statements relating to the direction Filippetti SpA is going, the growth of market share, the development and introduction of products and services and to our continued assessment of the level of competitiveness of the products and services offered.
These forward-looking declarations are exclusively forecasts and thus include risks and uncertainties. The practical results may differ from the results discussed in the context of forward-looking declarations. The factors that could cause these differences include risks relating to adverse changes in general economic conditions, failure to reduce costs, lack of technological progress, development, production and acceptance in good time of new products and services, as well as the ability of Filippetti SpA to compete in a highly competitive and continuously evolving market. For a detailed list of potential factors that could affect the commercial operations of Filippetti SpA and the aforementioned forward-looking declarations.
14.7 Any waiver in writing or failure to exercise in good time any right enshrined in these conditions shall not constitute a quit claim deed. If any of the clauses in the terms are considered invalid within the meaning of any law or regulation of any country, court or arbitrator, the parties shall agree that this clause shall be replaced with another one that meets the commercial objective of the original provision while the other provisions shall continue to remain in force.