Terms e conditions

The terms and conditions under which Speak Your Mind S.r.l. offers users access to its services available on the Speak Your Mind website.

1.Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

  • Holder: Speak Your Mind S.r.l., Via F. Garofoli, 238 – 37057 San Giovanni Lupatoto (VR) Italy, VAT Number IT02080930239 :
  • Appliance:the Speak Your Mind website, managed by the Holder;
  • Products:the products and / or services offered through the Application;
  • User: the person who accesses the Application, without distinction of a legal nature and pursued purpose, interested in the Products offered through the Application;
  • Consumer: natural person acting for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
  • Conditions: this contract which governs the relationship between the Holder and the Users.

2. Industrial and Intellectual Property Rights

The Holder declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the materials and contents available on the Application.

These Conditions do not grant the User any license to use the Application and / or individual Contents and / or materials available therein, unless otherwise regulated.

All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing in the Application are and remain the property of the Holder or its licensors and are protected. current trademark laws and related international treaties.

Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the Holder’s intellectual and industrial property rights.

3. Disclaimer of Warranty

The Application is provided “as it is” and “as it is available” and the Holder does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not it will never break or it will be error free or it will be virus or bug free.

The Holder will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. 

Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Hodler or for events of force majeure.

4. Limitation of Liability

The Holder cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.

Furthermore, the Holder will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him. The User undertakes to indemnify and hold harmless the Holder (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend oneself in court, which should arise in the face of damages caused to other Users or third parties, in relation to the Content uploaded or the violation of the terms of the law or the terms of these Conditions.

Therefore, the Holder will not be responsible for:

  • any losses that are not a direct consequence of the violation of the contract by the Holder;
  • any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, etc.);
  • incorrect or unsuitable use of the Application by Users or third parties;

5. Force Majeure

The Holder cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Holder due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will, such as , by way of example but not limited to, breakdowns or interruptions to telephone or electricity lines, the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the provision of third party products, services or applications.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Holder will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

6. Link to third party sites

The Application may contain links to third party sites.0

The Holder does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites. Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Holder assumes no responsibility.

7. Renunciation

No waiver by either party of an article of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.

8. Invalidity of individual clauses

If any provision of these Terms is found to be illegal or invalid, it will not be considered as part of the Terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.

9. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page

https://www.iubenda.com/privacy-policy/32670523

10. Applicable law and competent court

These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Data Controller is based.

If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the User -consumer to appeal to a judge other than that of the “consumer court” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19 and 20 of the civil procedural code.

11.Online dispute resolution for consumers

Consumers residing in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Holder. The platform is available at the following address:

http://ec.europa.eu/consumers/odr/

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