1.1 These terms and conditions of use (hereinafter “CONDITIONS OF USE”) apply to the websites accessible electronically at the following addresses:
(hereinafter referred to collectively as the “SITE”) owned by Immergas S.p.A., with registered offices at via Cisa Ligure 95, 42041 Brescello, Reggio Emilia, VAT no. and tax ID 00932830359, email email@example.com (hereinafter referred to as “IMMERGAS”).
1.2 The use of the SITE is governed by these CONDITIONS OF USE.
1.3 IMMERGAS reserves the right to change, amend, add or remove clauses of these CONDITIONS OF USE at its discretion and at any time. The user is required to consult the CONDITIONS OF USE periodically to check for any changes. Use of the SITE following the publication of amendments shall constitute acceptance of said amendments by the user.
2.1 All content and/or services published or present on the SITE, text, graphic design, software, photos, videos, music, sounds, underlying source codes and all software, are owned by IMMERGAS and are protected by the regulation on privacy (EU Regulation 2016/379 of 27 April 2016, Legislative Decree no. 196 of 30 June 2003, as amended by Legislative Decree 101 of 10 August 2018), the law on copyright (Law no. 633 of 22 April 1941, as amended by Legislative Decree no. 518 of 29 December 1992, on the legal protection of software) and other national and international regulations concerning the protection of intellectual and industrial property, as amended and supplemented.
2.2 Some pages of the SITE may also contain material subject to the copyright of those who made it available. IMMERGAS does not transfer any right over the content of the SITE to the user by publishing such pages.
3.1 All the trademarks and logos listed, mentioned or used on the SITE are owned by IMMERGAS or by third parties. The user is not authorised to use such trademarks or logos in any way, in the absence of express written authorisation issued in advance by IMMERGAS or by said third parties, as applicable.
4.1 The user is permitted to consult the SITE and use the content and/or services published or present on the SITE, in accordance with these CONDITIONS OF USE.
4.2 Any other use of the SITE or of the information, content and/or services published on the SITE is forbidden. To give a non-exhaustive list of examples, the storage or complete or partial reproduction of the SITE on any external website is forbidden, as is the alteration of the information and publication thereof on other websites, platforms or social networks. This restriction also applies to the information and to any other content, including trademarks, logos and distinctive signs pertaining to IMMERGAS, that can be directly accessed by the user via the SITE.
4.3 The user is required to use the content of the SITE and/or the services published or present on the SITE in precise and constant compliance with the law, public order and the provisions of these CONDITIONS OF USE.
4.4 It is forbidden to use devices, programs, software or equivalent manual processes, hacking systems, password interception systems or, more generally, any legal or illegal means to i) circumvent the navigation structure of the SITE, ii) obtain unauthorised access to sections, parts, content or functionalities of the SITE that are not intentionally made available to the user, as well as to obtain access to the network or servers of IMMERGAS via the SITE, iii) access, acquire, copy or monitor any part of the SITE, iv) interfere or attempt to interfere with the correct functioning of the SITE or of any transaction conducted on the SITE, as well as with the use of the SITE by third parties.
4.5 It is forbidden to examine or test the vulnerability of the SITE or of any network connected thereto, as well as to violate the security or authentication measures thereof.
4.6 It is prohibited to make use of the SITE, or the services and information made available or offered through the SITE, for the purpose of disclosing any information relating to third parties, including but not limited to personal identification data
4.7 It is forbidden to pretend to be or to represent other persons and to impersonate other individuals or entities.
5.1 IMMERGAS DOES NOT GUARANTEE THAT THE SITE OR ANY RELATED CONTENT, SERVICES OR FUNCTIONALITIES ARE WITHOUT ERRORS OR AVAILABLE CONTINUOUSLY, NOR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE AND ITS CONTENT ARE PROVIDED IN THEIR UNALTERED STATE, WITHOUT ISSUING ANY GUARANTEE OR DECLARATION OF ANY KIND, AND DEPENDING ON AVAILABILITY. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO AMENDMENT WITHOUT PRIOR NOTICE. IMMERGAS CANNOT GUARANTEE THAT ANY DOCUMENTS OR OTHER DATA DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE CHARACTERISTICS.
5.2 IMMERGAS REJECTS ANY LIABILITY FOR ANY DAMAGE ARISING FROM THE LACK OF ADEQUACY, TIMELINESS OR ACCURACY OF THE SITE, AS WELL AS FOR ANY DAMAGE ARISING FROM THE USE OR IMPOSSIBILITY OF USE OF THE SITE FOR ANY REASON, INCLUDING DAMAGE CAUSED BY VIRUSES, MALFUNCTIONS, FAULTS AND DEFECTS, UNAUTHORISED ALTERATION AND/OR USE OF THE SITE BY USERS AND/OR THIRD PARTIES, OR ARISING FROM THE VIOLATION OF THESE CONDITIONS OF USE OR FROM THE INACCURACY OR INCOMPLETENESS OF THE INFORMATION OR CONTENT PUBLISHED, WITH THE EXCEPTION OF DAMAGE ARISING FROM WILFUL MISCONDUCT OR GROSS NEGLIGENCE ATTRIBUTABLE TO IMMERGAS.
5.3 THE USER ASSUMES FULL RESPONSIBILITY FOR USE OF THE SITE. IN THE EVENT THAT THE USER IS NOT SATISFIED WITH THE SITE OR WITH THE RELATIVE CONTENT, THEIR SOLE REMEDY SHALL BE TO CEASE USING THE SITE OR CONTENT.
5.4 THE ABOVE DISCLAIMER APPLIES TO ALL DAMAGE, LIABILITY AND INJURY ARISING FROM MALFUNCTIONING, ERROR, OMISSION, INTERRUPTION, CANCELLATION, DEFECT, DELAY IN FUNCTIONING OR TRANSMISSION, COMPUTER VIRUS, FAULTY COMMUNICATION LINES, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS, ALTERATION OR USE, WHETHER CAUSED BY NON-COMPLIANCE, WILFUL MISCONDUCT, NEGLIGENCE OR ANY OTHER FACTOR.
6.1 Some functionalities or services offered by or through the SITE may require the registration and use of an account, which is necessary to authenticate the user and enable them to access password-protected and/or restricted areas. Only users with a legitimate account may access and use the password-protected and/or restricted areas of the SITE.
6.2 The user undertakes to use their account lawfully and correctly.
6.3 The user is solely responsible for the confidentiality of their account, including the password, and for any activity originating from said account. The user is required to notify IMMERGAS immediately of any unauthorised use of their account or password, or of any other security violation. In the absence of such notification, all expressions of wishes, acts and facts resulting in legal effects that are carried out via the user's account shall be attributed indisputably to the user.
7.1 IMMERGAS reserves the right to modify any product or service mentioned on the SITE, or the prices of said products and services, at any time and without prior notice. Material relating to products and services published on the SITE could include out-of-date information; IMMERGAS is not required to correct said material and shall have no liability in this regard.
9.1 The SITE may contain connections to independent third-party websites (“Third-party sites”). The presence of connections to Third-party sites should not be interpreted as approval by IMMERGAS of said sites, or of the content, products or services published, offered or mentioned on said Third-party sites. Third-party sites are provided exclusively as a courtesy for the user or for their convenience.
9.2 Third-party sites fall outside of the control of IMMERGAS; IMMERGAS is not responsible for their content, including materials and information published on said sites, nor does it in any way recommend them. The user must autonomously assess whether and how to interact with Third-party sites.
10.1 IMMERGAS reserves the unilateral right to modify, suspend or interrupt the SITE or the content and/or services present or published thereon, as well as the right to modify, suspend or interrupt accounts connected with individual users.
11.1 These CONDITIONS OF USE are governed by and should be interpreted in accordance with Italian law.