Vendor Terms & Conditions
Terms & Conditions
1. Agreement to Terms
Any of the information we collect from you may be used in one of the following ways:
- These conditions are legally binding and apply to visitors of the site (or sites) and to users who register for the Services. By agreeing to these conditions and/or making use of the Services, you (the User) declare your adherence to them. The requested services of the sites are provided directly by WEBMARCO S.r.l., with its registered offices Via Pontida 71, Alessandria 15121 Italy, VAT Identification number 0262791006 If you do not wish to accept these conditions, you should not make use of the Services that WebMarco offers. We recommend that you print a copy of these Terms and Conditions for future reference.
- The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
- We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
- We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
- Our site is directed to people residing in European Union. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services.
- Additional policies which also apply to your use of the Site
2. User Responsibility
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
- The User may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of this Site, you agree not to:
- Engage in unauthorized framing of or linking to the Site.
- Make improper use of our support services, or submit false reports of abuse or misconduct.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to access any portions of the Site that you are restricted from accessing.
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
- Delete the copyright or other proprietary rights notice from any of the content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Threaten users with negative feedback or offering services solely to give positive feedback to users.
- Misrepresent experience, skills, or information about his activity.
- Falsely imply a relationship with us or another company with whom you do not have a relationship.
3. Information you provide to us
- You represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete and relate to you and not a third party;
- You will maintain the accuracy of such information and promptly update such information as necessary;
- You will keep your password confidential and will be responsible for all use of your password and account;
- You have the legal capacity and you agree to comply with these Terms and Conditions.
- If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
4. Link to third party content
- As part of the functionality of the Site and the services, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
- Third-party content that you link or report when you enter content on sites belongs to the same third party. WebMarco respects the intellectual property rights of third parties. In submitting any material or photographs through the Sites, you:
- grant permission to publish the same on the sites
- are representing yourself as the rightful owner of the submitted material and that no other person or legal entity may claim the rights to such material.
- By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
- Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.
- You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
5. Content you provide to us
- You warrant that any User Content you provide to us does comply with our User Responsibility Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
- We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the User Responsibility Policy.
- We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content that has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
- If you wish to complain about User Content uploaded by other users please contact us at email@example.com.
6. Our content
- Except for user-provided content, or that which is linked to or from an external source, all information and materials that appear as part of the site (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles and names (collectively “Intellectual Property”) are owned by WebMarco Srl and are governed by this Agreement. The websites in their entirety and all intellectual property are protected by the copyright, brand and trademark law in force in Italy, as well as by EU law, treaties and international conventions, and the laws of other countries when applicable.
- Except for public domain information or when use has been authorized in writing by WebMarco Srl, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works, reverse engineer, transfer or sell anything that is the subject of intellectual property, information, software or products obtained from or through this website, in whole or in part.
- You may not use the Services for any purpose that is unlawful, obscene, abusive, harassing, improper or questionable, to sell or offer to sell goods or services, to make or forward surveys, contests or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement.
- If you see objectionable content or you have questions about this agreement, please contact WebMarco at firstname.lastname@example.org.
- Offline behavior -Although WebMarco cannot control the behavior of its users outside of the sites, it is a violation of this agreement to use any information obtained from our sites in order to harass, abuse, or harm another person, or in order to contact, advertise, prime or sell to any user without their explicit consent.
8. Modifications to the present Agreement
- WebMarco reserves the right, at its sole discretion, to modify, suspend or terminate this Agreement, the Services and the Sites and/or any part of them, and/or your account and your password at any time for any reason, with reasonable notice. Please check this Agreement periodically for changes. Continued use of the Sites constitutes your acceptance of the Agreement and binds you to the relative changes in a complete and absolute manner. If at any time you do not wish to accept these changes you should immediately stop using the Services.
- In the event that access to the Services is terminated, the user will still be bound by the obligations under this Agreement and any additional conditions, including guarantees issued by the user and by the exclusions and limitations of liability. WebMarco is also not liable with respect to the user or any third party for the termination of access by the user. The user may terminate this Agreement at any time by canceling their subscription to the Services, except still being bound as specified above in this clause
9. Disclaimer/Limitation of Liability
- WebMarco is not in any way responsible for the correctness of the information provided by the users of the sites. The use of the sites is at the risk of the user. The services of the sites are provided without any warranty, express or implied. WebMarco is not liable for any damage, loss of business profits that is not a result of WebMarco itself or direct and/or indirect damage suffered by the user or any third party in connection with use of the Sites or the information contained therein, including, without limitation not limited to, economic losses, loss or corruption of data, loss of benefits or interests.
- The responsibility of WebMarco for losses and/or damage suffered by the user as a result of the content of the sites or otherwise relating to the sites will be limited to the elimination of the content or materials that have caused the same in a reasonable timeframe. The possibility for hackers to enter the Sites and to change the content and integrate material harmful on the same, such as viruses, Trojan horses, worms, time bombs, cancelboots, corrupted files, or any other type of software that may damage the equipment computer or property of others is present. In this case, WebMarco will in no way be held responsible for the damage, loss or changes generated by such perpetrators. If circumstances permit, WebMarco will warn users of the interruption of the normal operation of the sites and their services. WebMarco will not respond in any way if a user attempts to connect to sites using a computer or outdated programs other than those normally used for an Internet connection.
- WebMarco is not responsible in any way for damages or losses of any kind caused by the lack of continuity, availability, reliability, or usability of sites and, in particular, by way of example only, for the access mistakes. WebMarco is not responsible for the speed and reliability of your Internet access or any type of communication network. WebMarco will not be held liable for losses or any other circumstances arising from the removal, theft or use of any given user ID (username and password) to the sites and access to the program and the database contained in the reserved area of the sites. It will be your responsibility to keep the identification data concerning the sites and access to the reserved area private.
10. Indemnity and Redress
- You agree to indemnify, defend and hold harmless, WebMarco, its agents, employees, directors and employees from and against any claims, actions, demands, liabilities, costs and expenses, including, without limitation, but not limited to, reasonable attorney fees, arising from breach of any provision of this Agreement or any warranty provided herein, or otherwise arising in any way from the use of websites and/or software.
- WebMarco reserves the right to assume sole control of the defense activities for any action and anyway to obtain compensation from the user, and if this happens the user will be required to fully cooperate with WebMarco in the experience of any possible defensive activity.
11. General Provisions
- This Agreement, the rights and obligations of users and of WebMarco and all actions under this agreement shall be governed by Italian law. All disputes arising between the user and WebMarco are devolved to the exclusive jurisdiction of the Court of Bologna, subject to any different allocations of competence provided by the law in favor of the user.
- The use of our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this clause. In the event of any direct legal action to assert or interpret the terms of this Agreement, the prevailing party is entitled to obtain the rest of the incurred legal fees from the losing party. No joint venture, partnership, employment, or agency relationship exists between us and the user or as a result of this agreement or the use of our Services.
- In the event of invalidity or unenforceability of any provision of this Agreement, including, but without limitation, the warranty disclaimers and liability limitations set forth above, the remaining provisions shall remain fully in force and in effect and the invalid and/or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the spirit of the original provision.
- The execution of this Agreement on our part is subject to the laws and procedures currently in place and nothing that is contained in this Agreement can waive our right to conform to the demands or requirements resulting from the application of such laws.
12. Applicable law
These conditions are subject to Italian law.