This Application is a service of:

Pro.Lab. Srl - Via Dai Fraris 4/B 33041 Aiello del Friuli (UD) Italy

Owner's email address: info@lapiantacosmeticseu.com

What you need to know at a glance

• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.

• The right of withdrawal applies only to European Consumers.

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TERMS OF USE

Unless otherwise specified, the terms of use of this Application set out in this section are generally applicable.

Additional conditions of use or access applicable in specific situations are expressly indicated in this document.

By using this Application the User declares to satisfy the following requirements:

• There are no restrictions regarding Users as to whether they are Consumers or Professional Users;

Registration

To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, in this case, certain functions may not be available.

It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.

By creating an account, the User agrees to be fully responsible for all activities carried out under his/her login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or stolen.

Account Closure

The User is free to close his/her account and cease using the Service at any time by following this procedure:

• By contacting the Owner at the contact details in this document.

Account Suspension and Cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

Suspension or cancellation of the account does not give the User any right to compensation, refund or compensation.

Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Contents on this Application

Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or third-party rights. 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 their complaints to the addresses specified in this document.

Rights on the contents of this Application

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Application, nor from allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by copyright law remain unchanged.

Access to external resources

Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.

Permitted use

This Application and the Service may only be used within the purposes for which they are offered, under these Terms and applicable law.

It is the User's sole responsibility to ensure that the use of this Application and/or the Service does not violate any law, regulation or third-party rights.

Therefore, The Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any reprehensible activity carried out through this Application or the Service to the competent authorities - e.g. judicial or administrative authorities - whenever the User engages or is suspected of engaging in:

• violations of laws, regulations and/or the Terms;
• infringement of third party rights;
• actions that may significantly harm the legitimate interests of the Data Controller;
• offences to the Owner or to a third party.

TERMS AND CONDITIONS OF SALE

Provision of personal data

To access or receive some of the Products provided through this Application as part of the Service, Users may be asked to provide their personal data as indicated on this Application.

Paid products

Some of the Products offered on this Application as part of the service are paid.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.

Product Description

Prices, descriptions and availability of Products are specified in the respective sections of this Application and are subject to change without notice.

Although the Products on this Application are presented with the greatest accuracy technically possible, the representation on this Application through any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each step, from choosing the product to placing the order, is part of the purchasing process.

The purchasing process includes the following steps:

• Users are requested to choose the desired Product and verify their purchase choice.
• After checking the information visible in the purchase choice, Users can place the order by forwarding it.

Sending the order

Sending the order entails the following:

• The sending of the order by the user determines the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an action by the User, such as the provision of personal information or data, specifications or special requests, the forwarding of the order also constitutes the obligation for the User to cooperate accordingly.
• Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Application:

• Depending on the section the User is consulting, they include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.

Promotions and discounts

The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Application.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right that Users may assert in the future.

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the headquarters of the Owner, as indicated in the contact details in this document.

Good

Promotions and discounts may be offered in the form of Vouchers.

In the event of a violation of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate venues, including judicial ones, in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions that follow.

Unless otherwise specified, the following rules apply to the use of Vouchers:

• Each Voucher is valid only if used in the manner and within the time period specified on the website and/or on the Voucher;
• The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
• Unless otherwise specified, single-use vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of purchases made in installments;
• Vouchers cannot be combined;
• The Voucher must be used within the specified validity period. After the expiration of the period, the Voucher will be automatically cancelled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
• The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and commercialization of the Voucher are strictly prohibited, as is any illicit activity connected to the purchase and/or use of the Voucher.

Payment methods

Details regarding the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Application.

All payments are handled independently by third-party services. Therefore, this Application does not collect payment data - such as credit card numbers - but receives a notification once the payment has been successful. For further information on the processing of personal data and related rights, the User can refer to the privacy policy of this Application.

In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment fails, the Owner reserves the right to request the User to reimburse any related expenses or damages.

Authorization for future payments via PayPal

In case the User authorizes the PayPal function that allows future purchases, this Application will store an identification code linked to the User's PayPal account. In this way, this Application will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal settings of PayPal.

Retention of title

Until the Owner has received full payment of the purchase price, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users are required to check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Application.

Delivery times are indicated on this Application or during the purchase procedure.

Failure to deliver

The Owner is not responsible in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damages or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.

Contract duration

Subscriptions

Through a subscription, the User receives a Product on a continuous or periodic basis. Details regarding the type of subscription and termination are described below.

Indefinite subscriptions

Paid subscriptions begin on the day the Owner receives payment.

To keep your subscription active, you must pay the required periodic fee promptly. Failure to do so may result in your service being interrupted.

Termination of indefinite subscriptions

Indefinite-term subscriptions may be terminated at any time by sending a clear and unequivocal cancellation notice to the Owner, using the contact details provided in this document or - if applicable - by following the instructions on this Application.

The termination will take effect 3 days after the Owner receives the cancellation.

User Rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who benefits from the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section. The Consumer will be liable to the Seller only for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.

To this end, the User may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

When does the withdrawal period expire?

• In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.

• In case of purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner will refund all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.

The refund will be made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.

… on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is met if the goods are delivered to the courier or other authorized person before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is responsible for any decrease in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning.

Return shipping costs are the responsibility of the Owner.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users who do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?

• Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
• Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed over to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be responsible for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

Directories of Brazilian Users

Law of remuneration

Unless an applicable exemption is stipulated, consumers in Brazil will be subject to the legal right to surrender according to Brazilian legislation. This means that the Consumer is entitled to cancel online contracts (long-distance contracts or contracts celebrated outside the commercial establishment) for any reason and without justification, no later than 7 (thirties) days counting from the date of celebration of the contract or receipt of product or service. Users who do not qualify as Consumers cannot benefit from the directions established in this section. The refund request may be exercised by the Consumer through the contact channels indicated at the beginning of this document and in accordance with the instructions in this section.

Surrender control exercise

To exercise the right of refund, Users must send the Owner an unequivocal declaration of their intention to cancel the contract. For this reason, users can use the termination form template available in the “definitions” section of this document. However, users must express their desire to terminate the contract through an unequivocal declaration through any appropriate means. To meet the established lunch for the exercise of this direction, users must send the notice of cancellation before the end of the lunch. When does the surrender period end?

• In relation to the purchase of products , the return period is 7 (seven) days after the date of receipt of the product by the user or a third party designated by the user who is not a transporter.

• Do not buy multiple products listed together In case of purchase of a single product consisting of several batches or pieces of separate batches, the return period is 7 (thirties) days after the date of receipt of the last product, batch or piece. User or a third party designated by the user who is not a transporter.

Payroll effects

Users who correctly terminate a contract will be refunded by the Owner for all payments made to the Owner, including, if applicable, those who cover the checkout customers.

However, no refunds will be given to any customer additions resulting from a specific delivery method that is not the type of delivery offered by the Owner.

This refund will be made without unjustified delay and within a maximum of 14 (catorze) days, counting from the day that the Owner is informed by the User's decision to cancel the contract or the final return of the product, or which occurs later. Unless agreed in another form with your user, refunds will be made using the same payment method used to process the initial transaction. The user will not incur any customers or taxes at the expense of this refund.

…buy physical products

Unless the Owner is available to collect the products, Users must return them to the Owner or an authorized person to receive the products, without unjustified delay and no later than 14 days to count from the date of communication of the decision to terminate the contract.

The package will be kept complete if it was produced for delivery or return, as indicated above, before the end of the 14th day of delivery stipulated for return. The refund can be withdrawn until the receipt of the products or until the users present proof of return, or which occurs first.

Users will be responsible for the reduction in value of the products resulting from maintenance as necessary to guarantee their nature, characteristics and operation.

Customers returning the products will be returned to the owner.

Guarantees

Legal guarantee of conformity of the Product in accordance with European Union legislation

According to European legislation, the seller guarantees the conformity of the goods sold to Consumers for a minimum period of 2 years from delivery.

Where Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Application in accordance with the laws of the country in which they habitually reside.

National laws of that country may grant Users broader rights.

In particular, Consumers residing in France may exercise their rights under the guarantee of conformity within two years of delivery of the goods without having to produce proof of the defect or lack of conformity. The period of time during which the Consumer is exempted from producing proof is reduced to six months in the case of used goods.

By exercising the right of guarantee, the Consumer can choose between requesting the replacement or repair of the defective good under the conditions specified in the French Consumer Code.

This legal guarantee of conformity is applicable regardless of any further commercial guarantee granted by the Owner.

The Consumer may also exercise the right of guarantee for hidden defects pursuant to the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase and a price reduction.

Consumers who do not act as European Consumers may enjoy guarantee of conformity rights under the legislation of the country in which they habitually reside.

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Legal guarantee of conformity of products for consumers in Brazil

The legal guarantee applied to products marketed by (physical and digital) complies with the following terms, in accordance with the Consumer Protection Code:

• The products do not last for a period of 30 (three) days; And
• The products last for a period of 90 (ninety) days.

The warranty period starts from the date of receipt of the product.

The warranty does not apply in cases of unintended use, natural events or if the product is subject to any other technical assistance which is not provided by this Application. The guarantee can be activated through the contact channels provided by this Application. If necessary, the owner will contact the customers shipping the product for technical validation. The Owner, according to his criteria, will also be able to provide a contractual guarantee other than a legal guarantee. The regulations applicable to the contractual guarantees may be found in the specifications provided for this Application. If this information is not provided, it will only be applied as per legal provisions.

Satisfied or refunded for the purchase of goods

Without prejudice to the provisions of the law, the Owner grants Users the right to withdraw from a purchase with which they are not satisfied within 3 days of delivery of the goods and receive a refund of the price.

The Owner will refund the price of the purchased Product using the same payment method as the original transaction.
In order to exercise this right, Users must send an unequivocal communication to the Owner. Although it is not necessary to indicate a reason, Users are kindly requested to specify the reason why they wish to avail themselves of the money-back guarantee.

Within the same period of time indicated above, Users must also return to the Owner, at their own expense, the purchased goods, ensuring that they are intact, clean and suitable for resale. The goods must be returned in their original packaging.
As soon as the goods are received, the Owner will verify that all the conditions of the money back guarantee are met and, if so, will refund the purchase price.

The foregoing does not affect the right of Users to seek free protection in the event of a lack of conformity of the Product under applicable law.

After-sales service

Users who have purchased products on this Application can take advantage of the post-sales assistance services relating to their purchase free of charge for the entire warranty period, by contacting the Owner via the contact details indicated in this document.

Limitation of Liability and Indemnity

Unless otherwise specified or agreed with Users, the Owner's liability for damages related to the execution of the Agreement will be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees harmless to the extent permitted by law from any claim or demand – including, without limitation, legal fees and costs – made by third parties due to or in connection with conduct in violation of these Terms, third-party rights or the law, committed in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-branders, partners and employees, on the basis of negligence.

The foregoing also applies to any claims brought by third parties (including, but not limited to, the Owner's customers) against the Owner in relation to the Digital Products provided by the User, such as, for example, claims regarding conformity.

Limitation of liability for User activities on this Application

Unless otherwise specified and without prejudice to applicable legal provisions, any claim for compensation against the Owner (or any natural or legal person acting on his behalf) is excluded.

The foregoing does not limit the Owner's liability for death, personal injury or physical or mental integrity, damage resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damage caused by fraud or gross negligence, provided that the use of this Application by the User has been appropriate and correct.

Unless the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is only liable to the extent of damages typical for the type of contract and foreseeable at the time of conclusion.

Australian Users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for a breach of a non-excludable right and any liability which is not otherwise excluded under these Terms, is limited, at the Owner's discretion, to the re-supply of the services or the payment of the cost of having them supplied again.

US Users

Disclaimer of warranty

The Owner provides this Application on an “as is” and “as available” basis. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations, and warranties of any kind — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.

The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.

Federal law, some states, and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions in this Agreement apply to the fullest extent permitted by law.

Limitation of liability

To the maximum extent permitted by applicable law, under no circumstances shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any

• any indirect, punitive, 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 of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein;
• any error, omission or inaccuracy in the contents;
• personal injury or material damage, of any nature, resulting from the User's access to or use of the Service;
• any unauthorized access to the Data Controller's security servers and/or to any personal information stored therein
• any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, Trojan horses or the like which 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 via the Service; and/or
• defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if you have been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.

Indemnity

You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising from

• your use of or access to the Service, including any data or content transmitted or received by you;
• your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;
• your violation of any third party right, including, but not limited to, any right of privacy or intellectual property;
• the violation by the User of any applicable law, rule or regulation
• any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including where access is made by a third party using your personal username and password or other security measures, if any;
• the User's malicious conduct; or
• the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law

Common provisions

No Waiver Implied

Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the activity of the Service, the Owner will work to ensure that Users can extract their personal data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.

Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Reselling the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.

Privacy policy

Information on the processing of personal data is contained in the privacy policy of this Application.

Intellectual property

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

All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will take effect in the relationship with the User only from the moment communicated to the User.

Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service and may terminate the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.

If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions regarding the modification of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Application must be sent to the addresses indicated in this document.

Safeguard clause

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any invalid or unenforceable provision will be interpreted and reformed to the extent necessary to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire agreement between User and Owner with reference to the subject matter regulated and prevail over any other communication, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms will be enforced to the fullest extent permitted by law.

European users

If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to find, in an amicable manner, a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.

Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.

Prevalence of national law

However, regardless of the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail.

Exception for Consumers in Switzerland

If the User acts as a Consumer in Switzerland, Swiss law will apply.

Exception for Consumers in Brazil

If the user qualifies as a Brazilian consumer and is a product and/or service for sale in Brazil, Brazilian legislation will apply.

Competent court

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users who qualify as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

Exception for Consumers in Brazil

This acid does not apply to consumers in Brazil who qualify as consumers.

Dispute Resolution

Amicable settlement of disputes

Users may report any disputes to the Owner, who will try to resolve them amicably.

Without prejudice to the right of Users to take legal action, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User may address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 2 days of receiving it.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here .