Terms and Conditions of www.mascarello.com

These Terms govern the use of this Web Site and any other Agreement or legal relationship with the Owner In a binding way. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.
The entity responsible for this Web Site is:
Mascarello Michele & Sons C. Valletti s.n.c.
Holder’s email address: mascarello@mascarello.com

Need to know at a glance Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. These limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses apply to all Users. Use of this Web Site and the Service is restricted to Users who are of legal age under applicable law.
Index of terms and conditions

1. CONDITIONS OF USE.

Unless otherwise specified, the terms of use of this Web Site set forth in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated in this document.
By using this Web Site you represent that you meet the following requirements:

  • There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
  • The User is of legal age under applicable law;

2. CONTENTS ON THIS WEBSITE

Except where otherwise noted or clearly recognizable, all content available on this Web Site is owned or provided by 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. However, it is not always possible to achieve this result. In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address the relevant complaints to the contact details specified in this document.

3. RIGHTS TO THE CONTENTS OF THIS WEB SITE

The Owner expressly holds and reserves all intellectual property rights to the above content.

Users are not allowed to use the content in any way that is not necessary for or implied by the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly stated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal, non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner. The limitations and exclusions provided by copyright law remain unaffected.

4. ACCESS TO EXTERNAL RESOURCES

Through this Web Site, Users may have access to resources provided by third parties.

Users acknowledge and agree that the Owner has no control over these resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law.

5. ADMITTED USE.

This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.
It is your sole responsibility to ensure that your use of this Web Site and/or the Service does not violate any law, regulation, or the rights of any third party.
Therefore, the Owner reserves the right to take 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 censorious activity carried out through this Web Site or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that it puts in place:

  • Violations of laws, regulations, and/or the Terms;
  • Injury to the rights of third parties;
    Acts that may considerably impair the legitimate interests of the Holder;
  • Offenses against the Holder or a third party.

6. LIMITATION OF LIABILITY AND MANVELA

Limitation of liability:

To the fullest extent permitted by applicable law, in no event shall Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be held liable for:

  • any indirect, intentional, collateral, special, consequential or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use, or inability to use the Service;
  • any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
  • Any error, lack or inaccuracy in the content;
  • personal injury or property damage, of any kind, resulting from your access to or use of the Service;
  • Any unauthorized access to the Owner’s security servers and/or any personal information stored therein
    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 incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service;
  • and/or the defamatory, offensive, or illegal conduct of any User or third party.

Under no circumstances shall Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be held liable for:

  • any claim, proceeding, liability, obligation, damage, loss or cost in an amount exceeding the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.

This section on limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage.

Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction.
The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.

Manleva: User agrees to defend, indemnify and hold harmless Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees from and against:
  • any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising from User’s use of or access to the Service, including any data or content transmitted or received by User;
  • User’s breach of these Terms, including but not limited to any breach by User of any representation or warranty set forth in these Terms;
  • Infringement by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property;
  • Violation by the User of any applicable law, rule or regulation any content posted from the User’s account, including but not limited to misleading, false or inaccurate information and also including when accessed by a third party with the User’s personal username and password or other security measures, if any;
  • The willful conduct of the User;
  • or violation of any legal provision by the User or its affiliates, officers, agents, brand co-owners, partners, suppliers and employees, to the extent permitted by applicable law.

7. COMMON PROVISIONS

No implicit waiver

The Holder’s failure to exercise its statutory rights or claims under these Terms does not constitute a waiver of them. No waiver can be considered final in relation to a specific right or any other right.

8. SERVICE INTERRUPTION

To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users. To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In case of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law. In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. strikes, infrastructure malfunctions, power outages etc.).

9. RESALE OF THE SERVICE

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.

10. PRIVACY POLICY.

Information on the processing of Personal Data is contained in the privacy policy of this Web Site.

11. INTELLECTUAL PROPERTY

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks – denominative or figurative – and any other distinctive signs, firms, service marks, illustrations, images or logos appearing in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

12. CHANGES IN TERMS

The Owner reserves the right to change the Terms at any time. In such a case, the Holder will give appropriate notice of the changes to Users.
Changes will only affect the relationship with the User in the future.

Your continued use of the Service signifies your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms could result in either party’s right to terminate the Agreement.

The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Holder.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.

13. ASSIGNMENT OF THE CONTRACT

Holder reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users. The provisions regarding modification of these Terms apply. You are not authorized to assign or transfer your rights and obligations under the Terms without the written consent of the Owner.

14. CONTACTS

All communications pertaining to the use of this Web Site should be sent to the contact information listed in this document.

15. SAFEGUARD CLAUSE

Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, and they shall therefore remain valid and effective.

Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to amicably locate a valid and effective substitute provision for the void, invalid, or ineffective provision.

In the event of failure to agree within the aforementioned time limits, if permitted or provided for by applicable law, the invalid, void or ineffective provision shall be replaced by the applicable legal framework.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions 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 would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on one of the parties.

16. APPLICABLE LAW

The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules. Exception for European Consumers However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.

17. JURISDICTION

Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set forth in the relevant section of this document.

18. DEFINITIONS AND LEGAL REFERENCES

  • This Web Site (or this Application)
    The structure that enables the provision of the Service.
  • Agreement
    Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
  • Commercial User
    Any User who does not meet the definition of a Consumer.
  • European (or Europe)
    Defines a User physically present or legally based in the European Union, regardless of nationality.
  • Owner (or We)
    Denotes the natural or legal person who provides this Web Site and/or offers the Service to Users.
  • Service
    The service offered through this Web Site as described in the Terms and on this Web Site.
  • Terms
    All terms and conditions applicable to the use of this Web Site and/or the provision of the Service as described herein as well as in any other document or agreement related thereto, in its most current version, respectively.
  • User (or You)
    Denotes any natural person using this Web Site.
  • Consumer
    Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or profession.