This document contains the general terms and conditions on the basis of which users are offered the use of the website www.fondazionebarbavarley.org which offers cultural and welfare services.
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:
● Owner: Barba Varley Foundation , with registered office in Via Pian della Casa snc. Civitella San Paolo 00060 Rome, VAT number / Fiscal Code 96471730588 , REA RM – 1628836 , PEC address [email protected]
● Application: the website www.fondazionebarbavarley.org
● User: any person who accesses and uses the Application
● Conditions: this contract which governs the relationship between the Owner and the Users.
2. Scope of the Conditions
The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Conditions can be changed at any time. Any changes will be effective from the time of their publication on the Application.
Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to change at its discretion, at any time even after the User registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User, where necessary.
The User has the burden of keeping his access credentials which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third parties have access to them and to immediately inform the Owner in the event that he suspects or becomes aware of an improper use or undue disclosure of the same.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Data Controller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by part of the User of the rules on registration to the Application or on conservation
4. Account cancellation and termination
The registered User can interrupt the use of the Application at any time and deactivate his account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address Fondazionebarbavarley @ gmail. com
In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
5. Industrial and Intellectual Property Rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Contents available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors. and are protected by current trademark laws and related international treaties.
The Conditions do not grant the User any license to use individual contents and / or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and Application Contents, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.
6. Disclaimer of Warranty
The Application is provided “as is” and “as it is available” and the Owner 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 Owner 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 owner or for events of force majeure.
7. Limitation of Liability
The Owner 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 suppliers.
Furthermore, the Owner 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 Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment.
The Owner will not be responsible for:
● any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
● incorrect or unsuitable use of the Application by Users or third parties
In no case can the Owner be held responsible for a sum greater than double the cost paid by the User.
8. Force majeure
The Owner cannot be held responsible for the failure or delayed fulfillment of his obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of his will. .
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Data Controller 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.
9. Link to third party sites
The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
11. Applicable law and competent court
The Conditions are subject to Italian law.
For non-consumer users, the court of the place where the owner is based is competent for any dispute relating to the application, execution and interpretation of these conditions.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, 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 forum” 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.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
12. Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe must be aware of the fact 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 User to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/