The following are the terms (hereinafter "Terms") that govern the use of the Services and the Site.
The User expresses his will to accept the Terms and undertakes to comply with them by doing any one of the following:
(a) clicking on “Register” at the bottom of this page, and/or
(b) using the Services, and/or
(c) using the Site in any other way.
The User undertakes not to use the Services and the Site if he has not accepted every part of the Terms and undertakes to read the Terms carefully before using the Services or the Site.
Pursuant to and for the purposes of these Terms the following definitions apply.
“Access Codes”: username and password assigned to the User upon registration to the Site.
“Connection Interfaces”: interfaces (web or of a different type) operating on certain configurations of some operating systems, by means of which the User can use the Services by remotely connecting through the Internet to the Site and using the Access Codes.
“Contents”: text, images, audio and/or video, data and/or information, including personal information, in any format (file or byte sequence) that are transmitted, copied, sent, and/or otherwise processed by the Users using the Services or by the Provider and/or otherwise made available to the Users and/or the Visitors. Each of the Content will also be referred to as "Content".
“Nextatlas Service”: Service that makes available to the Users through the Site tools, made combining data, software and other resources, that support data-driven decision-making and inspiration using real-time dashboard views that allow trend forecasting.
“Order”: the order for the provision of a Service sent by the User to the Provider.
“Profile”: Contents that identify the User (name, address, email, etc.).
“Provider”: iCoolhunt S.r.l., with registered office at loc. Piscinamanna c/o Sardegna Ricerche , Pula (CA), cap 09010, VAT number and registration number at the Company Registry of Cagliari: 03428550929.
“Registration Service”: Service that allows Users to use their Access Codes to be identified by the Provider and access to the Site and the Services.
“Service Duration”: the period indicated in the Order during which, starting from the Order confirmation, the Provider will provide the Nextatlas Service to the User.
“Services”: the Nextatlas Service, the Registration Service and the other services made available through the Site to the Users.
“Site”: the domain http://nextatlas.com and all its sub-domains, as well as every other resource accessible through the Internet that makes available the Services.
"Software": any set of instructions (programs and/or data) to be interpreted by a computer to direct the operation of its processors that is made available to the User by the Provider.
“User Area”: area of the Site that is accessible only by the User using the Access Codes.
“Users”: the persons who use the Services and/or the Site having accepted these Terms. Each of the Users will be defined “User”.
“User\'s Purpose”: purpose of using the Services.
“Visitors”: those who browse the Site and, subsequently, access to its resources through the Internet and eventually reproduce them on their computers.
The Provider shall make available to the User the Services and the Site according to the following Terms.
3. USE OF THE SERVICES
To place an Order the User, if he is a person, must be 18 years of age or over and, in any case, must have the legal capacity to enter into a binding agreement.
The User may use the Nextatlas Service and other Services whenever he likes when they are available through the Connection Interfaces.
All the costs of connection to the Internet of the computer from which the User uses the Services shall be borne by the User.
Any Order of a Service from the User shall be binding for the Provider only if the User receives confirmation by e-mail that the Order has been confirmed and the Service is available.
None of the information contained in the Site can be considered as an offer by the Provider to supply any Service but constitutes an invitation to place an Order.
If in the course of the Order procedure, or even later on, the User finds errors, he can write to the Provider to the email address provided in the Site.
The Orders confirmed by the Provider will be stored digitally and the User will have access to his registration data and contracts through the User Area and to the text of the Terms from the link available in the footer of the Site.
The Provider is allowed, but has no obligation, to add new functions to the Services, or to eliminate them, in its sole and absolute discretion.
4. REGISTRATION SERVICE
The User applies for the Registration Service following the procedure available on the Site and agreeing to these Terms.
The Provider provides the Registration Service to the User for free.
When the User registers he chooses the Access Codes that he can use to access the User Area and use the Services via the Connection Interfaces.
The Access Codes of the User are not transferable to third parties.
The User must remember the username and keep secret the password, and therefore the User is responsible for all the activities carried out using his Access Codes.
The User can (and will do so regularly) change the password, using the tools available in the User Area.
If the User registered, through the User Area, can modify the configuration options of his Profile and Services through the Connection interfaces.
The User agrees:
(a) to provide registration details (first name, last name, email, etc. as requested in the registration form on the Site) true, complete and updated;
(b) to update his data provided during the registration and other information provided to the Provider in order to constantly ensure their accuracy, completeness and updating;
(c) to immediately report to the Provider any loss of confidentiality of the password or any use of his Access Codes by third parties or any breach of the security measures provided for the Services and the Site of which he is aware of;
(d) to close the session each time the User stops using the Services or the User Area;
(e) not to allow third parties to access to the Site and the Services, using his Access Codes.
The person who registered in the name and on behalf of a User that is a legal entity, warrants that the User is authorized to accept these Terms on behalf of the entity that he represents and that the entity agrees to indemnify the Provider, the other Users, the Visitors or third parties for any breach of these Terms.
5. NEXTATLAS SERVICE
The Service is sold at prices that are shown on the Site next to the different selling options, which change from time to time.
The price change is effective from the time when the same change is published on the Site.
When the User places an Order for the Nextatlas Service that requires payment of a price, he can choose among the payment options available on the Site. No other method of payment is possible other than those available on the Site.
The price of the Nextatlas Service indicated in the Order is due for the provision of the Nextatlas Service for the Service Duration.
The supply of the Nextatlas Service is allowed only in the countries for which the supply is allowed.
6. USE OF THE SERVICES AND OF THE SITE: USER\'S OBLIGATIONS
While using the Services and the Site, the User agrees:
(a) not to hide or make unrecognizable the User\'s identity;
(b) not to interfere with, interrupt, damage or limit the Services, the servers or the network connected to the Services and to the Site or violate the security measures, procedures, policies or rules of the network connected to the Services, including the Netiquette rules;
(c) not to intentionally or unintentionally violate the laws applicable in Italy, in the country where the User is located or other laws that are in any case applicable to the activities the User carries out;
(d) not to employ or occupy the resources of the Services or the Site or prevent access to the Services and the Site and their use without Provider\'s permission;
(e) not to send Spam e-mails;
(f) not to simulate to be the Provider or others;
(h) not to forge headings or in any manner manipulate identifiers (including URIs) in order to disguise the origin of any Content transmitted through the Services.
7. USE OF THE SERVICIES AND THE SITE: DISCLAIMERS
The Provider operates the Site and the Services and supervises its operation from Italy and does not guarantee that the Site and the Services are suitable or accessible for use from every geographic area.
The Provider will use to the extent reasonably possible all its skills and cares to try to maintain the availability of the Site and the functionality of the Services, even if it does not guarantee that the Site and the Services are always available.
In particular, the Provider expressly excludes any responsibility for the case where malfunctioning of the Services or the Site depends on:
- unauthorized or incorrect use of the Services or of the Site;
- non-operation or partial operation of the User\'s computers or equipment;
- an event that depends on the responsibility of the internet service providers or the telephone companies;
- malfunctioning of the Internet or telephone network;
- unauthorized access to the computer system of the Provider by the User or by a third party or alteration of the Contents;
- event of force majeure or any other cause outside Provider\'s control or fault.
The Site contains links to other websites, and the User may be redirected to them, and contents uploaded by the Users. Such websites and contents are not monitored or controlled by the Provider and hence the Provider is not responsible for them.
The Provider does its best to ensure that Services are available with the largest possible number of Connection Interfaces, but expressly excludes that the Services will work with every possible Connection Interface and the User acknowledges and accepts this functionality limitation of the Services.
8. USE OF THE SERVICES AND OF THE SITE: COPYRIGHT
Subject to the following, the Site, the Contents, the Services and the Software are the exclusive property of the Provider, are protected by Italian and international laws, particularly copyright laws.
The Provider authorizes the User to use the Site, the Services, the Contents and the Software for the User\'s Purpose.
For specific Software or Contents may be indicated holders and/or licenses different from those mentioned above.
9. USE OF THE SERVICES AND OF THE SITE: TRADEMARKS
"ICoolhunt" and “Nextatlas” are trademarks of the Provider.
Other trademarks in this Site are property of their respective owners.
10. USE OF THE SERVICES AND OF THE SITE: REPORTING RIGHTS VIOLATIONS
If the User knows that any Content violates his rights or third party rights, can write to the Provider to let him know by indicating the Content, the address to which it is accessible, the one who assumes to be owner of the rights on the Content, the right violated and the evidence of the violation of such right.
If the Provider deems your message clearly based, he will remove or disable access to the Content within a reasonable time and, if the User transmits to the Provider also an order of the competent authority, the Provider will act immediately.
The Provider reserves the right, but not the obligation, to contact (reasonably and in good faith) the one who results to be owner of the rights on the Content in order to allow him to explain his reasons.
The User acknowledges that if he reports that a Content violates his right or a right of a third parties without grounds, will be liable for any damages resulting.
11. AUTHORIZATION TO USE PERSONAL DATA
The User acknowledges and agrees that the Provider:
(i) stores data related to the User (registration data, Profile, log, etc.);
(ii) uses the activity data of the User to provide the Services to the User and third parties and to improve the functioning of the Services and the Site;
(iii) uses results, statistics and analyzes carried out using the data in compliance with applicable regulations;
(iv) may disclose to third parties the personal data of the User to fulfill the requirements of the law or comply with orders from public authorities, including the judicial authorities, or to protect the rights of the Provider, User and third parties in accordance with law and/or in accordance with these Terms.
The User undertakes to hold harmless the Provider, its representatives, directors, employees, its business partners, its subsidiaries and associated companies from any request of compensation, including reasonable legal charges and fees, that is formulated by any third party as a consequence of activities performed by the User using the Service or the Site (including the activities performed by the User for the entity he represents) or performed by any other person who accesses the Service or the Site using the User\'s Access Codes.
13. WARRANTY AND ASSISTANCE
When the User uses free (gratis) Services, there is no guarantee of successful operation of the Services and, in the event of malfunction of the Services, the Provider will not be responsible to the User.
When the User uses a Service provided for a fee, any discrepancies or defects will be eliminated at the expense of the Provider or the price will be proportionally decreased. If, however, the differences or defects of the Service are such as to make it completely unsuitable to its purpose, the User can request the termination of the Service.
The Provider warrants that the Services comply with applicable Italian and European Union (EU) laws.
The User acknowledges and accepts that no reassurance, notice or information, whether oral or written, given by the Provider to the User shall create any warranty in favor of the User except warranties expressly made within these Terms.
For all assistance requirements, the User can contact the Help Desk of the Provider by writing to Provider\'s or sending an e-mail to the addresses indicated in the Site.
14. WARRANTIES EXCLUSION
The Provider excludes any obligation to obtain a specific result: the obligation of the Provider is limited to the setting up of reasonable means to allow usability of the Services.
Without prejudice to the explicit guarantees given pursuant to these Terms, the Provider excludes any warranty, condition, undertaking or declaration of any kind, either express or implied, statutory or otherwise in relation to the Services or the Site, including without limitation any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or arising from course of dealing, usage or trade practice.
Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to the User and the User may have other legal rights that vary from state to state or by jurisdictions.
Without limitation to the foregoing, the Provider does not warrant that the Services or the Site will meet User\'s requirements or that their operation will be error free or uninterrupted or that defects in the Services and in the Site will be corrected.
15. LIMIT OF LIABILITY
The User uses the Services and the Site at his own risk.
To the maximum extent permitted by applicable law, in no event shall the Provider or any of its third-party licensors, suppliers or collaborators be liable to the User for or to those claiming through the User for any direct, indirect, consequential, incidental, special or punitive damage or loss of any kind including, but not limited to, loss of profits, loss of contracts, business interruptions, loss of or corruption of data however caused and whether arising under contract or tort, including negligence, even if the Provider has been advised of the possibility of such damages.
If any limitation, exclusion, disclaimer or other provision contained in these Terms is held to be invalid for any reason by a court of competent jurisdiction and the Provider becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort or otherwise, will not exceed the amount of 10,00 Euro.
Nothing in these Terms shall limit the responsibility of the Provider for the case of death or personal damages that arise from the responsibility of the Provider.
The Provider is expressly authorized at any time, in its sole and absolute discretion, to:
(i) amend these Terms;
(ii) modify the Services (including the right to interrupt or suspend, in whole or in part, the Services);
(iii) suspend or cancel the User Access Codes and/or modify or disconnect temporarily or permanently, the Site and/or Services (or any part thereof).
In this case, the Provider will notify the User at least five days before the modification by publishing on the Site, in the User Area, by sending email to the mailbox specified in the Profile and/or in any other way.
The User, within five days from the notification of the amendment, shall have the possibility of accepting the change or to terminate the Services by giving written notice to the Provider.
In any case, however, continuing to use the Site and the Services, the User will demonstrate his implicit acceptance of the changes made.
In case of just cause (for example to deal with security issues, to fulfill the requirements of the law or to comply with orders from public authorities, including the judicial authorities, or to protect the rights of the Provider, Users or third parties in accordance with the law and/or in accordance with these Terms) the Provider may suspend or cancel the User\'s Access Codes and/or modify or disconnect, temporarily or permanently, the Site and/or Services (or any part thereof) even without giving prior notice.
The Provider may terminate the Services with immediate effect in case of breach by the User of the obligations provided by articles 4 or 6 of the Terms.
In addition, the Provider may at any time, in its sole and absolute discretion and without notice to the User:
(i) add new functionality to the Services currently available, or delete accessory functionality;
(ii) add or delete Contents.
17. REGISTRATION SERVICE DURATION
The Registration Service and other free (gratis) Services are active for an indefinite period of time since the confirmation of the Order of the Registration Service.
The User may terminate the Registration Service and the other free (gratis) Services canceling its registration at any time.
The right of withdrawal is exercised by sending a written notice to the Provider by registered letter with acknowledgment of receipt. The notice may also be sent by telegram or e-mail, provided that it is confirmed by registered letter with acknowledgment of receipt within forty-eight hours; the letter is considered sent in time if delivered to the post office before the deadline. The notice of receipt is not, however, an essential condition for the exercise of any right of withdrawal.
The User acknowledges that the right of withdrawal above is wider, both for conditions and for exercise modalities, than that provided by Articles 64-67 ( Exercise of the right of withdrawal) of the Italian Legislative Decree 206/2005 (Consumer Code), also with reference to the terms of exercise under Article 65, paragraph 3 (60 and 90 days), of which acknowledges to have been informed.
18. NEXTATLAS SERVICE DURATION
The User, receiving the confirmation of the Order for the Nextatlas Service, is allowed to use the Nextatlas Service for the Service Duration.
No reimbursement and/or withdrawal is allowed.
The User agrees that the Nextatlas Service is immediately available to him since the confirmation of the Order and, therefore, even if the User is a consumer, the right of withdrawal pursuant to art. 55, paragraph II, letter a, of the Legislative Decree n. 206/2005 (Consumer Code) does not apply.
The User acknowledges to have been informed about the right of withdrawal for the consumer provided by Articles 64-67 ( Exercise of the right of withdrawal) of the Italian Legislative Decree 206/2005 (Consumer Code), including the cases of extended terms of exercise of the right of withdrawal (60 and 90 days) provided by Article 65, paragraph 3.
User may not assign or otherwise transfer the present Terms or any of User’s rights, duties and obligations hereunder without prior consent in writing of the Provider.
(b) Entire agreement.
These Terms replace any previous agreement, both written and verbal, that previously intervened between the Provider and the User having the same subject matter of these Terms.
Communications to the Provider shall be made to Provider\'s address available in the Site.
The User may also use Provider\'s fax numbers and e-mail addresses available in the Site.
The communications to the User may be made:
- via e-mail to the e-mail address indicated by the User on or after registration, or
- by means of publication on the Site.
Given the nature of the e-mail service, the Provider does not guarantee delivery of every e- mail message.
The communications published on the Site are considered received when the User, accessing the User Area after their publication, displays them on his computer according to the procedure prepared by the Provider that forces its display.
(d) Disputes resolution, applicable law, jurisdiction and competent courts.
In case of dispute the User may address to the ordinary courts.
These Terms shall be interpreted, evaluated and enforced in all senses according to the Italian law.
If the User is a consumer, agrees to submit to the non exclusive jurisdiction of the Italian Courts.
If the User is not a consumer, agrees to submit to the exclusive jurisdiction of the Italian Courts and to the exclusive competence of the Courts of Turin.
The fact that the Provider does not require the User to strictly follow the provisions of these Terms at all times and/or does not exercise one or more of the rights provided herein does not imply the forfeiture of such rights or renunciation to exercise them by the Provider.
If one or more clauses of these Terms should be or should become contrary to imperative rules of law or of public order, they will not be considered and will not affect the validity of the other clauses of the Terms, without prejudice to the right of each party to ask for these Terms to be amended.
The User acknowledges that the Terms comply with the provisions of Articles 50-61 (distance contracts) of the Legislative Decree 206/2005 (Consumer Code).
(version n. 0.9 del 05/11/2013)