Términos y condiciones
1. Company Information
This Site is owned by the company HYDRO-MEC S.P.A., with registered office in Viale della Tecnica, 19 36050 SOVIZZO (VI) ITALY, posta@pec.hydromec.com, CAP. SOC. 121,500 INT. VERSATO – Vicenza Company Register, Tax Code 01268650247, VAT no. IT01268650247 REA 156756 (the «Company«).
2. Scope of application
The Company manages this Site for the sole purpose of information and communication with the public and grants its use in accordance with the provisions of these Conditions of Use, which, therefore, govern and regulate the relationship between the User and the Company.
Use of the Site presupposes reading, knowledge and full acceptance of the Conditions of Use of the same as well as the remaining legal documentation published on the Site, including, by way of example, the policy regarding the protection of personal data therein published.
By visiting the Site, the User acknowledges the binding nature of these Conditions of Use as well as the documentation published on the Site itself.
If the User does not wish to accept these Conditions of Use and/or comply with the applicable legislation, he is invited not to use the Site.
Furthermore, by visiting the Site, the User gives his consent in favor of the Company for the use of his information and personal data in accordance with the provisions of the information on the protection of personal data («Privacy policy«) and the information relating to the «General sales and warranty conditions«, present in this section of the Site.
3. Protection of intellectual and industrial property rights
All contents present or made available on the Site, such as, by way of example and not limited to, texts, photographs, catalogues, documents, graphics, videos, as well as other images, audio files, digital downloads, data collections, web pages, graphics , layout and software, trademarks and/or other distinctive signs, therein
including registered trademarks, as well as any other logos and domain names, are the exclusive property of the Company (collectively the «Contents«).
The User acknowledges and accepts that the Company is the owner of intellectual and industrial property rights on the Contents, both pursuant to Italian legislation, which includes, by way of example, Law No 633/1941 and Legislative Decree No 30/2005, both pursuant to international and European Union legislation, therefore, all rights to the Contents are therefore reserved (the «Rights«).
The User acknowledges and agrees that the Company has the exclusive right to authorize or prohibit the reproduction and any direct or indirect, temporary or permanent use, in any manner or form, in whole or in part, of the Contents. Therefore, the User acknowledges and accepts that any act of reproduction or modification, even partial, of the Contents, which is not carried out for strictly personal purposes, may take place exclusively by virtue of the express authorization of the Company. In this regard, the User, aware that otherwise he will violate the Company’s Rights, undertakes not to copy, reproduce, use, transfer, assign, sublicense, lend, modify, adapt, make available to the public, attempt to modify or alter the source code, reverse engineer, decompile, create and/or use derivative or otherwise inspired works, sell or take part in any capacity in the sale of the Contents.
The User acknowledges and accepts that any unauthorized use of the Contents, which is not of a strictly personal nature or in any case aimed at the use of the Site and/or the Contents, constitutes counterfeiting of the same and, therefore, illicit violation of the Rights.
It is understood that, should the Company ascertain that the User has carried out, in whole or in part, the above activities, it will take action against the User at the most appropriate venues in order to protect their Rights, firmly opposing any illicit action regarding the Contents.
The User hereby undertakes to indemnify and hold the Company harmless from any damage, loss, claim, charge or expense, including legal fees, directly or indirectly resulting from the use that the User will make of the infringing Contents. than what is provided for in these Conditions of Use.
Downloading or copying the Contents, where authorized in writing by the Company, does not imply the purchase by the User of any right, title or interest in the same.
Without prejudice to the foregoing, for the purposes of using the Site, the Company grants the User a free license, worldwide, regarding the Rights, through which the User will have the right to use the Contents solely and exclusive purpose of fully enjoying the Site. This license to use may be revoked by the Company at its discretion, at any time. Therefore, unless otherwise indicated in the relevant Content, and provided that they comply with all the obligations indicated in these Conditions of Use, the User is exclusively authorized to view, print and, in any case, perform acts of temporary reproduction and of no economic significance, relating to the Contents. In particular, the Company authorizes the User to print or download more than one copy of booklets, brochures or similar Content, according to the User’s reasonable needs, as well as to send copies of such Content to individual third parties for their personal information, but on condition that:
- such uses are exclusively of a private nature and therefore do not have commercial purposes;
- all intellectual property rights notices marking the Contents, including, without limitation, copyright/trademark rights notices, are kept intact. With the sole exclusion of the above license, the User acknowledges and accepts that in no other case shall navigation on the Site be understood as an authorization in favor of the User to use or modify, in any way or form, the Contents ;
- the Contents are used exclusively in reference to the services provided by the Company, unless otherwise expressly authorized by the same.
The User acknowledges and accepts that, in any case, the Company reserves the right, at any time and at its sole discretion, to revoke or modify the above authorizations.
If the User wishes to use the Contents for purposes other than those granted pursuant to the license regulated above or, more generally, the General Conditions (by way of example and not exhaustively, within the scope of their commercial activity or within the own website or other promotional material), the User hereby undertakes to request prior written authorization from the Company.
4. Limitation of Liability
The User acknowledges and accepts that the Company reserves the right to withdraw, modify, suspend or terminate, at its sole discretion, the use of the Site, without notice, if, by way of example, the User violates these Terms of Use. ‘Use and/or the Company takes actions necessary to protect the User and/or the Site from hacker attacks, fraud and other illegal activities carried out by third parties. Therefore, the User acknowledges and accepts that, in such circumstances, the Company, to the maximum extent permitted by law, (i) will not be in any way responsible for the unavailability of the Site, even for periods of prolonged time; (ii) declines all responsibility for any claims by the User relating to the inability to use the Site for any reason whatsoever; (iii) will not owe any compensation for any damage suffered by him.
To the extent permitted by applicable laws, the Company will not be responsible for any damage, loss or expense directly or indirectly arising from the use of the Site and/or the Contents. Furthermore, the Company will not be responsible for damages resulting from any interruptions, suspensions, delays or anomalies in the connection to the Site dependent on the supply of electricity or telephone service or the malfunctioning of the Internet network or from any other cause outside the sphere of control of the Company itself.
It is understood that these Conditions of Use do not imply any exclusion or limitation (i) of the Company’s liability in case of willful misconduct or gross negligence and/or (ii) of any other liability that the law does not allow to exclude or limit.
5. Disclaimer of Warranty
The User acknowledges and accepts that the Site and the Contents present therein are provided free of charge as they are, therefore, the Company, to the maximum extent permitted by applicable law, does not provide any guarantees in relation to the same, including any guarantees of continuity and absence of interruptions or operating errors, as well as absence of viruses, bugs, malware or similar and, indeed, expressly excludes any guarantee in this sense.
The Company strives to ensure that the information provided through the Site is accurate and up-to-date, however, the Company does not guarantee, under any circumstances, the accuracy of such information or that such information is free from errors or omissions.
With particular regard to any Content owned by third parties, present on the Site, the User acknowledges and accepts that the Company: (i) has received the necessary authorizations from the aforementioned third parties exclusively for the purposes directly connected the Site (ii) cannot provide guarantees regarding the correctness, truthfulness, completeness and originality of such elements and therefore does not guarantee that the Contents do not violate the rights of third parties.
6. Use for lawful purposes and indemnification
The User undertakes to use the Site exclusively for lawful purposes and in compliance with the applicable legislation such as, by way of example, the current legislation on intellectual and industrial property as well as the current legislation on the protection of personal data. In any case, the User, while browsing the Site, will behave in good faith and correctness.
To the maximum extent permitted by law, the User undertakes to indemnify and hold the Company harmless from any and all damages, losses, claims, charges, liabilities or expenses, including legal expenses, which the Company may incur as a result of the use of the Site for illicit purposes, and/or in any case in violation of these Conditions of Use, by the User.
7. Applicable law and competent court
These Conditions of Use are governed by Italian law. In the event that some of the provisions contained therein are deemed invalid, void and/or in any case not applicable by virtue of the current legal provisions, the remaining must in any case be considered fully valid and effective.
Without prejudice, where applicable, to what is established by the Consumer Code regarding the competent court, if the User can qualify as a «consumer», pursuant to the applicable legislation, any dispute arising in relation to the validity or interpretation of these Conditions of Use or, in any case, violation of the same, will be the exclusive jurisdiction of the Court of Vicenza.
8. Other provisions
Any tolerance by the Company towards User behavior in violation of any provision of the Conditions of Use does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfillment of all the provisions of referred to in these Terms of Use.
The User acknowledges and accepts that the Company reserves the right to modify the Conditions of Use at any time, at its discretion, making the User aware of them by publication on the Site. Access to the Site following the modification will be considered complete acceptance by the User of the modification itself. If the User does not agree, in whole or in part, with the Conditions of Use, as amended and/or updated from time to time, he or she is invited not to use the Site and to stop browsing it immediately.
Any communication to the Company pursuant to or for purposes related to the General Conditions must be sent by registered letter with return receipt, PEC or e-mail to the following addresses:
Viale della Tecnica, 19
36050 SOVIZZO (VI) ITALY
e-mail: hydromec@hydromec.com
PEC: posta@pec.hydromec.com
