Peroni S.p.A. updated the Terms of Use of the Website and the Service ("TUW").
All users, whether registered or not, are therefore required to carefully read the following Terms and conditions of your use of services and products offered by Peroni S.p.A..
1. ACCEPTANCE OF TERMS
The service Peroni S.p.A. gives the User is provided by Peroni S.p.A., based in Gallarate, CAP 21013, via Monte Leone, 93, according to the following Terms of Service ("TUW").
Peroni S.p.A. reserves the right to modify at any time and without notice the TUW.
The User can check at any time the current text of the TUW, as updated from time to time by Peroni S.p.A..
In addition, when the User uses a specific service offered by Peroni S.p.A. all operating rules into force for that specific service, which are all integral and essential part of the TUW, will be applied.
However, in the event of any discrepancy or inconsistency between the operating rules and the TUW, the latter shall prevail. Peroni S.p.A. may also offer services from time to time are governed by different terms and conditions. In such cases, the TUW do not apply to these particular services.
2. DESCRIPTION OF SERVICE
Currently Peroni S.p.A. provides users with access via its Web site, a number of online resources, such as, for example, access to the online catalog of products, the ability to search and purchase products online, and others (the "Service ").
Unless otherwise indicated, the introduction of any new features that makes usability with respect to its current form, as well as the introduction of new services, shall be submitted, and will therefore be the TUW.
The User acknowledges and agrees that the Service is provided "AS IT IS" and "AS AVAILABLE" basis and therefore Peroni S.p.A. assumes no responsibility for its use and availability. In order to use the Service, the User must obtain access to the World Wide Web, either directly or through devices that allow access to content located on the Web In addition, users need to equip themselves with the necessary equipment for connection to the World Wide Web, including a computer, modem, and all that is needed to connect.
3. REGISTRATION OBLIGATIONS
In order to use the Service, the User agrees to:
a) to provide personal information ("Registration Data") as prompted by the Service's registration form that they are current, complete and accurate;
b) maintain and promptly update the Registration Data to keep it current, complete and truthful.
If the User provides false, inaccurate, not current or incomplete, or if Peroni S.p.A. believes, based on its own discretion, that the information is untrue, inaccurate, not current or incomplete, Peroni S.p.A. shall have the right to suspend, temporarily or permanently, the account in question and prevent any further use of the Service.
4. ACCOUNT AND PASSWORD
At the end of the registration process for the Service the User gets the assignment of an account ("username") and a confidential password which the User is solely responsible, including in relation to the activities carried out through the their use.
The User therefore undertakes to:
a) immediately notify Peroni S.p.A. any unauthorized use of the User’s password or account and any other breach of security of which it becomes aware;
b) exit from the User’s account at the end of each session. Peroni S.p.A. can not in any way be held liable for any damages arising from any breach of this Article.
The User is aware that in order to regulate access to the Service, the personal authentication only requires verification of the username and password used by itself.
The User is then responsible for the safekeeping and proper use of the User’s username and password to access the Service, and any injury or damage that may arise, against Peroni S.p.A. or third, as a result of incorrect use, loss, theft and / or compromise the confidentiality of the User name and password used by the User.
All transactions made through the User name and password used by the User will be automatically attributed to the same operations conducted and the requests made, without exception.
The User understands and acknowledges that Peroni S.p.A. can always produce, as evidence of transactions made by the User and - more generally - of the relationship with the end User, even evidence derived from the systems and procedures used by Peroni S.p.A. to regulate access to the Service.
5. NO RESALE OR COMMERCIAL EXPLOITATION OF SERVICE
The User agrees not to reproduce, duplicate, copy, sell, framing, not to resell or commercially exploit the Service, the images, the works or any part of the Site, including the use or access to the Service.
6. MODIFICATIONS TO SERVICE
Peroni S.p.A. reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
The User further acknowledges and agrees that Peroni S.p.A. shall in no way be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.
7. SUSPENSION OR TERMINATION OF THE ACCOUNT OR THE SERVICE
The User acknowledges and agrese that Peroni S.p.A. may, in its sole and absolute discretion, disable the password and account or stop using the Service. Merely by way of example, Peroni S.p.A. may exercise such right if the User fails to use the Service or Peroni S.p.A. believes that the User has violated or acted inconsistently or in conflict with the spirit or letter of the TUW.
Peroni S.p.A. also reserves the right, in its sole discretion and at any time, to terminate or suspend the provision of the Service, without notice.
The User acknowledges and agrees that any suspension or termination of the User’s access to the Service under the provisions in these Terms and conditions may be made without prior notice, and acknowledge and agree that Peroni S.p.A. may immediately deactivate or delete the User’s account and all related information and files in the User’s account and / or any further access to such files or the Service.
In addition, the User agrees that Peroni S.p.A. can not be in any way liable to the User or any other party for any termination of the User’s access to the Service.
8. NO WARRANTIES BY PERONI S.P.A.
The User acknowledges and expressly declares that:
a) Use of the Service is at the User’s sole and exclusive discretion. THE SERVICE IS PROVIDED ON AN "AS 'AS'" and "AS AVAILABLE" and therefore Peroni S.p.A. assumes no responsibility for its use and availability, timeliness, deletion, failure to deliver or store any User communications or personalization of the User. The User expressly excluded any warranty against Peroni S.p.A., express and / or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose or in terms of quality of service.
b) Peroni S.p.A. does not warrant that
(i) the Service will meet the User’s requirements,
(ii) that the Service will be provided uninterrupted, timely, secure or error-free,
(iii) the expectation that the results obtained from the Service are accurate and reliable
(iv) the quality of the products, services, information or other material purchased or obtained through the Service will meet the User's requirements, or that
(v) any errors in the software will be correct.
c) Any Content downloaded or otherwise obtained by or through the Service is obtained at the sole and absolute discretion and sole risk of the User and the User is solely and exclusively responsible for any damage to the User’s computer system or loss of data resulting from the download of such material or from having used the service.
d) No opinion, advice, advice or information, whether written or oral, provided to the User by Peroni S.p.A. or obtained from or through the Service, shall imply any warranty not expressly established under the TUW.
9. LIMITATION OF LIABILITY PERONI S.P.A.
The User acknowledges and agrees that Peroni S.p.A. shall in no event be liable for any damages of any kind or nature, even for the loss of profits, goodwill or business data (even if Peroni S.p.A. has been advised of the possibility of such damage to users) , resulting from:
(i) the use of an uncorrect use of the service;
(ii) the cost of procurement of goods and / or alternative services in relation to goods and / or services purchased or obtained through the Service;
(iii) an access authorized or alteration of transmissions or data;
(iv) statements or conduct of any third party
(v) none of the provisions in this Agreement shall have the effect of limiting or excluding the liability of Peroni S.p.A. in the event of damage resulting from willful misconduct or gross negligence.
10. COMMUNICATIONS
Any communication between the parties must be in writing and may be sent either by e-mail or by ordinary mail. Peroni S.p.A. will make announcements regarding changes to the TUW or other matters by entering service in general alerts to users or links to such notices.
11. COPYRIGHT AND LICENSORS
Peroni S.p.A. respects the rights of intellectual property and / or industrial property of others, and we ask our users to do the same.
If the User believes that his/her work has been copied or "treated" by a third party on the Service in a way that constitutes infringement of the rules on the right of 'author, please provide Peroni S.p.A., based in Gallarate CAP 21013, via Monte Leone, 93, the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright concerned;
2. a description of the work protected by copyright that the User claims has been infringed, the right of the source itself and a description of the law that is deemed to have been infringed;
3. an indication of the place in the site where the User will find the work that the User believes has been copied;
4. the User address, telephone number, and email address;
5. a statement by the User in which the User asserts in good faith that the use of which is not authorized by the copyright owner, its agent, or the law;
6. a statement with which the User represents and warrants that the information provided with the User notice is accurate and that the User is the legitimate copyright owner or legally authorized to act on behalf of the owner.
12. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and the relationship between Peroni S.p.A. and the User are governed by the law of the Italian Republic. For any dispute concerning, arising out of or related to these TUW or use of the Service shall have exclusive jurisdiction to the Court of Milan.
13. MISCELLANEOUS
These Terms and Conditions constitute the entire agreement between the User and Peroni S.p.A. and govern the User’s use of the Service beyond any previous agreement between the User and Peroni S.p.A..
In addition, the User must abide by the Terms and Conditions relating to the User use of any services or related to the content of any third party or to the rules of use of software to third parties.
The non-exercise by Peroni S.p.A. of a right provided by law or by these TUW, does not constitute a waiver of such right or provision.
If one or more provisions of these General Terms is held invalid by a court, the parties agree that the court should in any case try to maintain the effectiveness of the agreements between the parties, as specified in this Agreement and other terms and conditions remain full force and effect in all respects.
The section titles in the General Conditions have the sole purpose of making more comfortable reading the same Conditions and have no legal or contractual effect.
ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE OF THE SERVICE ("TUW")
The User declares, following art. 1341, paragraph 2, of Italian Civil Code, to have carefully read and approved the covenants contained in the preceding articles.