Terms of Use

These terms of use (“Terms of Use”) apply to the websites owned by Mafel srl (hereinafter the Company), published at www.mafel.it.

By using the site, you agree to these terms of use; if you do not agree, you must refrain from using the site.

The Company reserves the right to change, modify, add, or remove provisions of these Terms of Use at its sole discretion and at any time. You are responsible for periodically reviewing the Terms of Use for any changes. Your continued use of the site following the posting of changes will constitute your acceptance of those changes. Subject to your compliance with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited right to access and use the site.

Additional Terms and Conditions for Products and Services
The purchase of products or the provision of services are subject to additional terms and conditions that may apply, which are incorporated into these Terms of Use.

You agree to abide by such additional terms and conditions, and you further represent, where required, that you are of legal age to use and/or participate in such services or features.

The Company's obligations with respect to its products and services are governed solely by the agreements under which such products and services are provided, and nothing on this Site should be construed as modifying those agreements.

The Company reserves the right to change any product or service listed on the site, as well as the prices of the products and services, at any time and without notice.

Product or service-related material published on the Site may include outdated information; the Company is not obligated to correct such material and assumes no responsibility for it.

Content on the Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, illustrations, computer code, or other materials (collectively, “Content”) on the Site, including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, is owned, controlled, or licensed by the Company and is protected by copyright, patent, trade dress, and trademark laws, as well as by laws governing intellectual property rights and unfair competition.

It is therefore forbidden to copy, reproduce, publish, upload, publicly display, encode, translate, transmit or distribute any part of the site and its Contents on any computer, server, website or other medium intended for publication, distribution or any commercial purpose without the prior written consent of the Company.

You may use the information intentionally made available by the Company provided that you do not copy or post the information on any networked computer or transmit it in any medium, do not alter the information in any way, and do not make any additional representations or warranties with respect to such documents and information.

Your Use of the Site You
may not use any automatic techniques, devices, programs, algorithms, or methodologies, or any manual process to access, acquire, copy, or monitor any portion of the Site or the Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content to obtain or attempt to obtain any materials, documents, or information through any means not intentionally made available on the Site.

In the above cases, the Company reserves the right to block such illegal activities.

You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any services offered on or through the Site, by hacking, password mining, or any other illicit means.

You agree to refrain from taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company's systems and networks, or any systems or networks connected to the Site or to the Company.

You are prohibited from probing, scanning, or testing the vulnerability of the site or any network connected to it, or from breaching its security or authentication measures. You are also prohibited from tracing or attempting to trace the origin of any information relating to any user or visitor to the site, or any Company customer, including any Company account belonging to third parties.

You agree not to use any device or software to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on it, or with any other party's use of the Site.

You may not pretend to be or represent any other person, or impersonate any other individual or entity.

You agree not to use the Site or its Content for any activity that is prohibited by law or these Terms of Use, and you agree not to solicit the performance of any activity that is illegal or in violation of the rights of the Company or others.

The user is solely and personally responsible for the use of the service, as well as for any detrimental consequences that may affect the Company and third parties, with reference to current Italian civil and criminal legislation and, where applicable, foreign legislation.

The user undertakes to:

1. not to interfere with, destabilize, or disrupt the Service, servers, or networks connected to the Service, or to act inconsistently with any requirements, procedures, or rules of the Service;
2. do not use the service for illegal purposes or against public order, decency and morality;
3. do not use the service to transmit or disseminate (including via links) any material that is illegal, pornographic, racist, invasive of privacy and/or otherwise obscene, vulgar (even if aimed at an adult audience and featuring nudity or acts of a sexual nature), defamatory, libelous, abusive or otherwise send private information relating to a person without their consent, intentionally inflicting emotional distress;
4. not to transmit material and/or messages that encourage third parties to engage in illicit and/or criminal conduct that may result in criminal or civil liability;
5. observe, and ensure that any persons using the service observe, all regulations, directives and network procedures connected to the service itself;
6. do not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Service Content or the Service itself;
7. not to use or disseminate the content of the service in a manner that violates patents, trademarks, trade secrets, copyrights, or other industrial and/or intellectual property rights of the provider or third parties;
8. not to send commercial and/or promotional messages or engage in spam, chain letters, or any other form of unauthorized solicitation in discussion groups, social forums, or any other form of communication/aggregation, including crossposting and/or the addresses of users who have no relationship with the sender. In particular, not to send unsolicited advertising via email and/or mailbombing (sending numerous messages without significant changes in content to the same user), subscribe someone to a mailing list without that person's permission, or attempt to access a computer with a security system without authorization;
9. spread viruses or any other technology intended to harm the site or other users of the website;
10. do not disclose to third parties information relating to the systems and methods of accessing the service.

However, it is expressly prohibited to use the service to directly and/or indirectly violate the laws in force in Italy or any other foreign country.

The user may transfer the information provided by the service to other processors exclusively for personal use and in any case within his or her own company structure.

You acknowledge and agree that the technical processing, transmission, or dissemination of the Service, including its Content, may involve the transmission or dissemination of Content via other networks and that the Company or its third-party providers may need to make changes to the Service in order to conform or adapt it to the technical specifications, connection standards of their networks, or connection equipment and programs.

The Company reserves the right to terminate access to the website, even to a single user, if it believes, in its sole discretion, that the site is being used in violation of the provisions described above.

Account, Password, and Security.
The site offers certain services and features that require the opening of an account with a User ID and password. The user is solely responsible for maintaining the confidentiality of their account information, including their password, and for any activity originating from their account. Consequently, they remain solely responsible for all uses, whether authorized or unauthorized. The user agrees to log out of their account at the end of each session.

The user will be solely responsible for the security and appropriate use of all usernames and passwords assigned by the Company, including any updating, modification, and monitoring of information shared online. The user is therefore required to take all necessary measures to ensure that such information is kept confidential, used appropriately, and not disclosed to unauthorized parties.

The user undertakes not to transfer or disclose (directly or indirectly) either the User ID or the personal password to third parties and undertakes to immediately notify the Company of any theft and/or loss and/or unauthorized use or any other breach of security by third parties of his/her User ID and password as soon as he/she becomes aware of it.

However, you may be held liable for any damages caused to the Company or to other users or visitors to the Site by someone else using your User ID, password, or account.

You may not use another user's User ID, password, or account without the express permission and consent of the rightful owner.

The Company will therefore not be liable in any way for any loss or damage caused by the user's failure to comply with these obligations. The user hereby undertakes to indemnify and hold the Company harmless from any and all claims, including claims for damages, brought and/or arising, directly or indirectly, from the above-mentioned use or abuse of the service and/or account.

Privacy
The Site is governed by the Company's Privacy Policy, the terms of which are an integral part of these Terms of Use.

You acknowledge and agree that Internet transmissions are never completely private or secure. You acknowledge that any data or message you send to the Site may be read or intercepted by third parties, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The privacy document is available at the following web address: www.mafel.it/privacy-policy .

The Company may disclose information about you (including your identity) if it determines such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact, or bring legal action against anyone who may be injuring or interfering with (either intentionally or unintentionally) the Company's rights or property or the rights of visitors to or users of the site, including the Company's customers. The Company reserves the right at any time to disclose any information deemed necessary to comply with any applicable law, regulation, legal process, or governmental request. The Company may also disclose your information if it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

The Company may preserve any transmittal or communication between you and the Company through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if the Company determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any communication violates the rights of others, or protect the rights, property, or personal safety of the Company, its employees, users of or visitors to the Site, and the public, or otherwise exercise or defend legal claims.

General Rules for Use of the Service
The user undertakes to indemnify the Company and its employees and consultants from any and all prejudice and damage suffered by them, from any liability, costs, expenses (including legal) incurred by them, as well as to indemnify them from any action, reason, claim advanced by third parties that find cause or motive in behavior or omissions attributable to the user, or that are a consequence of the user's failure to fulfill the obligations imposed on him by the contractual regulations.

Exclusion and Limitation of Liability
The Company does not guarantee that the site or its contents, services or features are error-free or uninterrupted, that any defects will be corrected or that the user's use of the site will lead to specific results.

The site and its contents are provided "as is" and as available; all information provided on the site is subject to change without notice.

The Company cannot guarantee that any documents or other data downloaded from the site will be free of viruses, contamination, or destructive features. The Company disclaims all warranties, express or implied, including, but not limited to, warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose.

The Company declines any responsibility for acts, omissions, or conduct of third parties connected or related to your use of the site and/or any service provided by the Company.

You assume full responsibility for your use of the site and any linked sites. If you are dissatisfied with the site or its content, your sole remedy is to discontinue use of the site or its content.

The foregoing limitation of liability is an integral part of the agreement between the parties and applies to all damages, liabilities and injuries resulting from any failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, destruction or unauthorized access to, alteration of, or use of the Website, whether caused by tort, negligence, tort (including negligence), or otherwise.

In the event of service interruption for reasons attributable to the user, the user may not request a refund from the Company of any amount, even partial, for any reason whatsoever.

Without prejudice to the provisions of the preceding articles, the user acknowledges and agrees that the Company shall under no circumstances be held liable - either contractually or non-contractually - towards the user (or third parties) for any type of direct or indirect damage, including damages relating to loss of profits, goodwill, or loss of data, even if the Company has been advised (in writing or verbally) of the possibility of such damages.

By way of example and not limited to, the Company will not be liable for damages connected to or arising from:

1. from the use, misuse or inability to use the service attributable to the user;
2. from the cost of substitute services compared to the purchased product/service;
3. from any modification, suspension or interruption of the service;
4. from unauthorized access or alteration of user transmissions and/or data, including, among other things, any damage, including financial damage, that the user may suffer due to loss of profits, use, loss of data or other intangible elements.

In any case, all explicit or implicit guarantees are expressly excluded to the extent that this does not conflict with the applicable laws and without prejudice to the Company's liability for willful misconduct or gross negligence.

It is expressly agreed and accepted by the user that the Company cannot under any circumstances be held responsible for omissions or errors that may be contained in the information used at the user's request for the execution or realization of the service.

The user substantially and procedurally indemnifies the Company, holding it harmless from any loss, damage, liability, cost or expense, including legal fees, arising from any violation of the previous points of this article.

The Company's liability for any reason arising from this contract or from the provision of services, including any action for defects, non-performance, or failure of the repairs undertaken, will be limited to willful misconduct or gross negligence only and will not extend to any damages that are an indirect, unforeseeable, or otherwise abnormal consequence of the defect or non-performance, such as, by way of example, lost profits, financial costs, costs of business shutdown, the cost of replacement equipment or services, damages or expenses arising from claims by third parties against the user.

The user expressly acknowledges that the limitations or exclusions of liability provided for in these terms of use have been agreed upon as essential conditions for the provision of the services and, outside of what is expressly agreed, waives, without reservation, any further or different reasons or remedial actions.

In the event that, notwithstanding any other provision of these Terms of Use, the Company is found liable to you for any damage or loss arising out of or in connection with your use of the Site or the Content, the Company's liability shall in no event exceed the total amount paid by you as a subscription or fee for the use of any service or feature during the three months preceding the date of the initial claim made against the Company (excluding the cost of purchasing products or services).

The user acknowledges and expressly accepts that use of the service and the dissemination and storage of information obtained or provided through the service is done at his or her own risk and that the user is solely and exclusively responsible for any damage to his or her computer or loss of data resulting from using the service.

The user declares to have read the characteristics of the chosen service.

You acknowledge and agree that the Company makes no warranties of any kind, express or implied, of merchantability, compatibility or fitness for a particular purpose to you or any third party, and furthermore, makes no warranty that the service will meet your requirements and needs.

You acknowledge and agree that the Company makes no warranties to you regarding the results that may be obtained from using the Service, regarding any software or hardware errors in the Service, or regarding the reliability of any information obtained by you through the Service.

Therefore, the Company cannot be held responsible for any direct and/or indirect damage resulting from the use of the service or from the interruption of its functioning.

The Company makes no warranties regarding the products, materials, goods or services sold, purchased or otherwise obtained by the user through the website or the service or following any transactions carried out through the service itself.

Suspension of Service
The Company reserves the right to immediately limit, suspend and/or interrupt, without prior notice , the use and/or provision of the service or to disconnect (temporarily or permanently) the user's account, without recognition of any refund, compensation and/or damages, with subsequent cancellation of the user's account, if it becomes aware or determines, in its sole and unquestionable judgment, that the user has performed actions that may lead to problems, legal liability or has violated or is violating the provisions of these conditions of use, as well as applicable legislation (including Legislative Decree no. 196/2003).

The Company also reserves the right to immediately limit, suspend, and/or interrupt, without prior notice, the use and/or provision of the service, as well as access to the site or the user's account, if it becomes aware or believes, in its sole and unquestionable judgment, that one of the following circumstances has occurred or is occurring:

1. use of the service that causes a dangerous or unstable situation on the server that could cause damage to the Company;
2. abnormal traffic, or traffic that prevents the normal provision of the service to other customers;
3. if the public authority or other third parties communicate to the Company, or the Company itself ascertains, any illicit, improper or non-compliant use of the service by the user, whether in compliance with national or international laws or with the rules of "netiquette" of the service;
4. if the Company ascertains a use contrary to morality or public order or with the aim of disturbing public or private peace, of causing offence or direct or indirect damage to anyone and of attempting to discover the confidentiality of private messages in any way;
5. access to the website by unauthorized third parties or, in any case, so-called hacker attacks;
6. ordinary and/or extraordinary maintenance of the website or IT systems or due to force majeure.

The Company also reserves the right to cancel unconfirmed or long-inactive accounts.

The Company will ultimately evaluate any material deemed "dubious" at its sole discretion and, after notifying the user for clarification, will decide whether to suspend the service.

In any case, the Company reserves the right to take the following actions at any time and without notice: modify, suspend, or interrupt the functionality or access to the site or parts of it, for any reason; modify or change the site or parts of it and any rules or conditions relating to the site, and interrupt the functionality of the site or parts of it if this is necessary to perform ordinary or extraordinary maintenance operations, correct errors, or make other changes.

Force Majeure
The user agrees that the Company shall under no circumstances be held liable to the user or to third parties for any delay or failure to fulfill its obligations due to unforeseeable circumstances or force majeure, such as, by way of example and not limited to, actions by public authorities, floods, fires, thefts, explosions, accidents, strikes and lockouts, including those not attributable to the Company, acts of war, embargoes, transport disruptions, telecommunications suspensions or problems, lightning, system failures not attributable to the Company, interruptions or overloads of energy flows, failures or interruptions of telephone and/or computer lines, even if not attributable to the activity of the operator (or concessionaire) of the same lines, as well as interruptions or suspensions not attributable to or in any case independent of the will of the Company or deriving from third-party suppliers of the Company itself.

Indemnity Clause
The Company, its employees and directors, agents and managers cannot be held liable in any way for any damages caused by the user and resulting from violations of the provisions set forth in these Terms of Use.

In any case, the user undertakes to indemnify and hold the Company, as well as any entities connected or controlled by it, its representatives, employees, or auxiliaries, harmless from any civil or criminal liability arising from the use of the site, even if caused by third parties through the user's account.

Applicable Law and Jurisdiction
Any matter relating to access or use of the Site, including any dispute, will be governed by Italian law and will be subject exclusively to the Italian jurisdiction, court of Bologna.

Miscellaneous
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will otherwise remain in full force and effect.

These Terms of Use represent the entire agreement between the parties regarding the use of the site and supersede all prior written or oral agreements between the parties regarding the subject matter hereof. The Company's failure to assert or enforce any provision will not constitute a waiver of such provision or the right to enforce these Terms of Use; furthermore, no course of conduct between the Company and you or any third party will in any way modify the provisions of the Terms of Use.