Terms of use of the website

Version 1.0 - December 2020
  1. PREAMBLE
    1. Terms and expressions with capital letters in this text have the meaning indicated in the attached Glossary. It is understood that terms defined in the plural are also defined in the singular and vice versa.
    2. The Website is owned by Covertech S.r.l. hereinafter referred to as "Company", as per the Glossary that specifies its identification data.
    3. The Website has been created to guarantee a presence on the web to the Company and, if necessary, also designed to provide the Services provided by the Company from time to time. The Company reserves the right to no longer make the Website available, in whole and/or in part, and/or modify, eliminate and replace the Services available on the Website, also by updating the Website itself. Therefore:
      1. all texts on the Website (including, for instance, these Terms of Use, the Privacy Policy and the Cookie Policy) are subject to updates or changes to reflect changes made to the Services and the Website, or to ensure compliance with new legal provisions;
      2. the Company recommends Visitors to periodically consult the above mentioned texts, also in order to check for any updates or changes.
    4. If any of these provisions is annulled or declared null and void or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
  2. SCOPE  
    1. These Terms of Use govern the provision of the Website's pages to the Visitor.
    2. The Terms of Use regulate the relationship between the Company and the Visitor and do not give rise to rights in favour of third parties.
  3. ACCEPTANCE OF THE TERMS OF USE
    1. By using the Website, the Visitor acknowledges that he/she has read and accepted the Terms of Use. The Company therefore recommends the Visitor to carefully read the Terms of Use, as they represent a binding legal contract between the Visitor and the Company with reference to the use of the Website by the Visitor. If the Visitor does not agree with any of these provisions, he/she is recommended to leave the Website and cease using it.
  4. VISITOR'S STATEMENTS
    1. The Visitor acknowledges and accepts:
      1. that the Terms of Use exclusively regulate his/her relationship with the Company and do not give rise to rights in favour of, or obligations on behalf of, third parties;
      2. that the Website is provided "AS IS" and "AS AVAILABLE", and that it may be temporarily inaccessible or otherwise contain defects or delays;
      3. that the Contents of the Website are for information purposes only;
      4. that the Company will process the Visitor's Data in compliance with the provisions of the Privacy Documents and will provide the Website, compatibly with the needs related to any scheduled or extraordinary maintenance of the Website;
      5. that the costs of connection to the internet network, and the costs possibly related to the Connection Modes, are at the Visitor’s own expense.
  5. OBLIGATIONS OF THE VISITOR
    1. The Visitor undertakes to: 
      1. do not use the Website in an improper manner. For instance, it is forbidden to use the Website in ways or for purposes not permitted by law or contrary to morality, to spread computer viruses, to perform activities that may compromise the security of the Website or damage it, to access the Website using automated tools (such as collection bots, robots, spiders or scrapers);
      2. to provide his/her true Data;
      3. do not violate:
        1. the Terms of Use;  
        2. the Applicable Law and the Privacy Regulations of Italy and/or of the country in which it is located and/or of the country in which it resides, or in any case applicable to the activities it carries out;
        3. the rights of the Company and/or Third Parties.
  6. LIABILITIES OF THE VISITOR AND INDEMNITY
    1. The Visitor shall be liable, indemnifying and holding the Company harmless, for any action, including reasonable legal fees, brought by Third Parties and aimed at obtaining compensation for damages concerning violations of the obligations referred to in the previous article.
  7. FACULTY OF THE COMPANY
    1. If the Company notices any violation by the Visitor with respect to the provisions of the Terms of Use, the Company may, at its own unquestionable judgement and without this entailing any obligation to pay compensation to the Visitor, take any action against the Visitor, including actions to claim compensation for damages.
    2. The Company is entitled to:  
      1. modify, update, suspend, limit or interrupt the operation of the Website at any time, or modify and/or replace the domain name;
      2. analyse the traffic on the Website (e.g. to identify the most visited pages, the number of visitors per time slot or day, geographical areas of origin, etc.) in order to understand how the Website is used and manage it, optimise and improve it, or even simply for statistical purposes;  
      3. solve operational problems (e.g. anomalies in page loading);
      4. perform monitoring activities to repel and/or prevent cyber attacks and fraud.
  8. WARRANTY EXCLUSIONS AND NO ASSISTANCE
    1. Please note that the Website is provided "AS IS" and "AS AVAILABLE", so the Company makes no warranties, express or implied, including the implied warranties of non-infringement, merchantability and adequacy for a particular purpose.
    2. In particular, the Company does not issue any guarantees with regard to:
      1. the adequacy of the Website with respect to the Visitor's needs;
      2. the availability of, and the absence of errors in the Website;
      3. the quality of the Website;  
      4. the correction of any errors on the Website.
    3. The Company is not liable for any errors, inaccuracies, omissions and, more generally, for damages caused, directly or indirectly, by decisions taken or initiatives undertaken on the basis (and/or as a result) of the Contents of the Website.
    4. The Company does not provide technical assistance in relation to the Website.  
  9. LIMITATION OF LIABILITY
    1. If the Company modifies, updates, suspends, limits or interrupts the operation of the Website, no liability shall arise in favour of the Visitor.
  10. INTELLECTUAL PROPERTY 
    1. Except for various indications present on the Website with specific reference to certain Contents available on the Website, the Company is the sole owner of all Intellectual Property Rights on the Website and on the Contents that are available on the Website.
    2. The provision of the Website by the Company shall not be considered as a transfer or license by the Company in favour of the Visitor of any Intellectual Property Right on the Website or on the Contents available on the Website, or as the object of any other right of use by the Visitor and/or Third Parties.
  11. PERSONAL DATA PROCESSING
    1. The Parties mutually acknowledge that the Company is the data controller of the processing of personal data in any form communicated by the Visitor for the purpose of using the Website or Services.
    2. The Company undertakes to provide the Visitor with the Privacy Documents.
  12. GENERAL PROVISIONS
    1. Any tolerance by the Company towards conducts of the Visitor that are in breach of the provisions contained in the Terms of Use does not constitute a waiver of the rights deriving from the provisions violated.
    2. Rights and remedies provided in the Terms of Use are not exclusive but are in addition to those available under the applicable law.
    3. If any provision of the Terms of Use is judged by a court or other competent authority as null, invalid, or unenforceable, such provision shall be deemed erased from the Terms of Use and the remaining provisions of the Terms of Use shall remain effective and valid.
    4. Any limitation or exclusion of liability provided for the Company by the Terms of Use shall apply to the maximum extent permitted by law.
  13. CONTACTS
    1. For any information regarding the use of the Website and these Terms of Use, the Visitor may contact the Company at the contact details contained on the "Contacts" page.
  14. APPLICABLE LAW AND PLACE OF JURISDICTION
    1. The Terms of Use are governed by Italian law with the exclusion of the relevant provisions of international private law.
    2. Any dispute concerning the interpretation, execution, termination or validity of the Terms of Use shall be submitted to the exclusive jurisdiction of the Court of Turin.
    3. If any provisions of this Clause is deemed inapplicable according to the mandatory rules of the Visitor's country, then the applicable law and the competent court shall be determined according to the laws of that country.

GLOSSARY 

  1. Contents: means contents such as any finished flow of data or information (file or software package), containing textual, photographic, video, audio, script, graphics, programming codes, writings (including the way they are presented and formatted), and features on the Website.
  2. Cookie Policy: means the policy by the Company on the use of cookies within the Website.
  3. Data:  means the information relating to the Visitor necessary to use any Services, as well as all the information transmitted by means of the device used by the Visitor to browse www.covertechgroup.com and to carry out operations that are stored, even temporarily, on the Website;
  4. Intellectual Property Rights: means patents, utility models, designs, copyrights, trademarks or service marks, topography rights of semiconductor products, database rights, rights contained in confidential information, including know-how and trade and industrial secrets, moral rights or other similar rights in any country and, whether registered or not, any application for registration of one of the foregoing rights and all rights relating to the submission of applications for registration of one of the foregoing rights which are owned, licensed to or otherwise legitimately used by the Company.
  5. Privacy Documents: means, cumulatively, (i) the Privacy Policy; (ii) the Cookie Policy. 
  6. Operator: means the provider of information society services, other than those referred to in Articles 14, 15, and 16 of Legislative Decree no. 70/2003, which, on the Internet, manages the contents of a site, and here specifically the Company. 
  7. Connection Mode: means the interfaces (web, software or other) operating on certain configurations of certain operating systems through which the Visitor can use the Website by connecting remotely via the Internet; 
  8. Applicable Law: means any provision, of any rank, belonging to Italian or European Union law, in any way or to whatever extent applicable to the Website and the Services; 
  9. Privacy Policy: means the EU Regulation 2016/679 ("GDPR"), the Legislative Decree 196/2003 and subsequent amendments and/or additions ("Privacy Code"), as well as the measures adopted by the Supervisory Authority in execution of the tasks established by the GDPR and the Privacy Code and other applicable legislation, of any rank, including the opinions and guidelines drawn up by the Committee.
  10. Party: means, depending on the case, the Visitor, the Company, or both in plural;
  11. Privacy Policy: means the policy by the Company on the processing of personal data for the management of the Website;
  12. Company: means Covertech S.r.l. , with registered office in Via Filangeri 8, 10128 Turin, C.F. and P.IVA 10827710012 , registered at the Company Register of Turin, REA 1165357; 
  13. Services: means the Services available on the Website on the date of access to the Website by the Visitor; 
  14. Website: means the web pages displayed through www.covertechgroup.com, including subdomains; 
  15. Third Party: means any physical or legal person other than the Operator and the Visitor; 
  16. Visitor: the natural or legal person who uses a device and browses, through the Internet, on the public pages of the Website. 
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