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Twk Terms and Conditions

These Terms discipline

  • use of this Website and

  • any other Agreement or legal relationship with the Data Controller

in a binding manner. Expressions with a capital initial are defined in the relevant section of this document.

 

The User is kindly requested to read this document carefully.

The person responsible for this Website is the:

Controller of data processing

Mauro Filippini

Via Carlo Cattaneo, 17

Turate (CO) 22078 Italy

VAT No. 02257340139

Controller’s email address: twksrl@twkboiler.it

 

  • 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 who do not act as Consumers. Such limitations are always explicitly mentioned in each clause concerned. In case of no mention, the clauses apply to all Users.

TERMS OF USE

Contents on this Website

Unless otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Data Controller or its licensors

The Data Controller takes utmost care that the content available on this Website does not infringe applicable legislation or third-party rights. However, this cannot always be achieved.

In such cases, without prejudice to the rights and claims legally exercisable, Users are requested to address the related complaints to the contact details specified in this document.

Rights of content on this Website

The Data Controller expressly holds and reserves all intellectual property rights to the aforementioned contents.

Users are not authorised to use the content in any way that is not necessary or implied in the correct use of the Service.

In particular, but without exclusions, Users are forbidden to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licences, transform, transfer/dispose of to third parties or create deriving works from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge.

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

The limitations and exclusions provided by copyright law remain unaffected.

Access to external resources

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

The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and under applicable law.

It is the User’s exclusive responsibility to ensure that the use of this Website and/or the Service does not infringe the law, regulations or rights of third parties.

Therefore, the Controller reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, to terminate contracts, to denounce any activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User puts in place or is suspected that it puts in place:

  • violations of the law, adjustments and/or terms;

  • infringement of the rights of third parties;

  • acts that may significantly affect the legitimate interests of the Controller;

  • offences to the Controller or a third party.

Limitation of Liability and Indemnity

European users

Indemnify

The User undertakes to indemnify the Data Controller and its subjects, affiliates, officials, agents, joint proprietors of the trademark, partners and employees of any claim or demand - including, without limitation, legal fees and charges - incurred by third parties as a result of or in connection with negligent conduct such as use or connection to the service, violation of these Terms, violation of third-party rights or laws by the User, its affiliates, officials, agents, joint trademark owners, partners and employees, as far as the law is concerned.

Limitation of liability for the User's activities on this Website

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

The aforementioned does not limit the liability of the Data Controller for death, damage to the person or physical or mental integrity, damage resulting from the breach of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and/or damage caused by intent or gross negligence, provided that the use of this Website by the User has been appropriate and correct.

Unless the damage was caused by intent or gross negligence or affect the life and/or personal, physical or mental integrity, the Data Controller shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits set out above, the Data Controller assumes no liability with regard to:

  • any lost profit or other losses, even indirect, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenue, anticipated profits or savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);

  • damage or loss resulting from interruptions or malfunctions of this Website due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and outside the control of the Data Controller, such as, by way of example, failure or interruption of telephone or power lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, computer viruses and attacks, interruptions in the supply of third-party products, services or applications;

  • any loss that is not a direct consequence of a breach of the Terms by the Controller;

  • Damage, prejudice or loss due to viruses or other malware contained in or connected to files that can be downloaded from the Internet or through this Website. Users are responsible for the adoption of adequate security measures - such as anti-virus - and firewalls to prevent any infections or attacks and to protect backup copies of all data and/or information exchanged/and or uploaded/and on this Website.

Notwithstanding the foregoing, the following limitations apply to all Users who do not act as Consumers:

In case of liability of the Data Controller, the compensation due may not exceed the total amount of payments that have been, will be or may be contractually due to the Data Controller by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.

shorter.

Common provisions

No implied waiver

Failure by the Data Controller to exercise any legal rights or claims arising from these Terms shall not constitute a waiver of such rights. No waiver may be considered final in relation to a specific right or any other right.

Interruption of the Service

To ensure the best possible level of service, the Data Controller reserves the right to discontinue the Service for maintenance purposes, system updates or for any other change, giving appropriate notice to Users.

Within the limits of the law, the Data Controller reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Data Controller 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 for reasons beyond the reasonable control of the Data Controller, such as causes of force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Data Controller, expressed directly or through a legitimate resale plan.

Privacy policy

IThe information on the processing of Personal Data is contained in the privacy policy of this Website, which forms an integral and binding part of the Terms.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, Trademarks, patents and models related to this Website are exclusively owned by the Data Controller or its licensors and are protected under the international laws and treaties applicable to intellectual property.

All trademarks - name or figurative - and all other distinguishing marks, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Data Controller or its licensors and are protected in accordance with international law and treaties applicable to intellectual property.

Amendments to the Deadlines

The Data Controller reserves the right to change the Terms at any time. In this case, the Data Controller will inform the Users of the changes.

The changes will affect the relationship with the User only for the future.

Continued use of the Service implies acceptance of the updated Terms. If the User does not wish to accept the changes, he/she must cease using the Service. Failure to accept the updated Terms may result in each party being entitled to withdraw from the Agreement.

The previous applicable version continues to regulate the relationship until the User is accepted. This version can be requested from the Controller.

If required by applicable law, the Controller will specify the date by which the amendments to the Terms will enter into force.

Transfer of the contract

The Controller reserves the right to transfer, assign, dispose of, innovate or procure individual or all rights and obligations under these Terms, regarding the legitimate interests of the Users.

The provisions relating to the amendment of these Terms shall apply.

You are not authorised to assign or transfer your rights and obligations under the Terms without the written consent of the Controller.

Contacts

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

Safeguard clause

IIf any of the provisions of these Terms become null and void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not result in the ineffectiveness of the remaining provisions, which shall therefore remain valid and effective.

European users

Should any provision of these Terms be null and void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective provision as a substitute for that void, invalid or ineffective.

In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.

Notwithstanding the aforementioned, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the entire Agreement null and void, invalid or ineffective within the framework of the Agreement, unless they are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would place an excessive and unacceptable burden on one of the parties.

Applicable legislation

The Terms are governed by the law of the place where the Data Controller is established, as indicated in the relevant section of this document regardless of the conflict rules.

Exception for European Consumers

However, regardless of the above, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Jurisdiction

The exclusive jurisdiction to hear and determine any dispute arising out of or in connection with the Terms lies with the court of the location where the Data Controller is established, as indicated in the relevant section of this document.

Exception for European Consumers

This does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

This Website (or this Application)

The structure that allows the service provision.

Agreement

Any legally binding or contractual relationship between the Data Controller and the User governed by the Terms.

Commercial User

Any User who does not meet the definition of Consumer.

European (or Europe)

Defines a User physically present or with registered office in the European Union, regardless of nationality.

Controller (or We)

Indicates the natural or legal person who provides this Website and/or offers the Service to Users.

Service

The service offered through this Website as described in the Terms and on this Website.

Terms

All conditions applicable to the use of this Website and/or the provision of the Service as described in this document as well as any other document or agreement related to it, in the most up-to-date version respectively.

User (or You)

Indicates any natural person who uses this Website.

Consumer

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, commercial, craft or professional activity.

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