POLICY:
1. Subject and Content:
Nowarc srls (CF – VAT number 01741540197) (hereinafter the site, the company), is an IT and telematic services company with registered office in Via F. Aporti 8, 26100 – Cremona (CR) Italy, which offers available to users, who intend to make use of it, a web based service (hereinafter, the "Service") which allows them to publish and consult advertisements and advertisements of private entities carrying out a commercial activity, intending to sell or purchase goods. The Service also offers the sale of advertising space on the website "www.nowarc.com". The Service also allows advertiser users interested in what is published to contact each other.
2. Platform ownership:
Nowarc srls is the sole owner of the web platform "nowarc.com", through which the Service is managed, as well as all the related rights inherent and consequent to the exploitation of the platform itself.
3. Applicability of conditions:
these General Conditions apply both to Users who use the Service in consultation of the published advertisements and to User advertisers and, in general, to every user who uses the Services offered by the Company (hereinafter "User" or, collectively, " Users”).
4. Terms of use of the Service:
the active use of the Service, to be understood as the request for information and the publication of advertisements, is permitted only to adult Users according to Italian law (over the age of 18) following mandatory registration. The latter occurs through the use of an identification code, "user name" (login) and a keyword (password) chosen by the Users and communicated to Nowarc srls via the platform's registration form. The User acknowledges and accepts that knowledge by Third Parties of his authentication credentials could allow the latter to unduly use the services registered to him; He, therefore, undertakes to keep and use these credentials with the utmost confidentiality and diligence. The "User" also undertakes to promptly communicate in writing to Nowarc srls any unauthorized use of his login and/or password and any other security breach of which he becomes aware, including its possible theft, loss or loss. . Any use of the Service by minor Users presupposes and implies the authorization and supervision of parents or those who exercise parental responsibility or guardianship, who will assume all responsibility deriving from the minor's actions towards Nowarc srls and third parties involved in any capacity. Mere consultation of the site, without any active interaction, is however freely permitted to anyone without any charges. The Seller guarantees that all conditions relating to its proposal do not contradict the guidelines set out. This means that the Seller is obliged to carefully check that the conditions of each proposed item are in line with all applicable laws, including consumer protection regulations. Users also undertake not to make improper use of the contacts present in any capacity on the Nowarc srls platform. By way of example, but not limited to, the sending of unauthorized or unsolicited advertising, promotional materials, or any other form of solicitation via email or any other contact method is prohibited. To provide the best user experience, we may use or recommend using (additional) third-party services, such as payment or shipping service providers (“Third-Party Service Providers”). Our Online Site may contain links to the websites of these Third Party Service Providers. Your use of such products, services, applications or websites may be governed by and subject to the terms and conditions and privacy policies of the applicable Third Party Service Provider.
5. User Responsibilities:
The User is entirely and exclusively responsible for the use of the Service (to be understood expressly with regard to the functions of publication, consultation, management of advertisements, contact between Users and sale of goods) and is therefore the sole guarantor and responsible for the origin and authenticity of the goods and proposals offered through the Service as well as the correctness, completeness and lawfulness of the advertisements and of their behavior in the context of contact between Users. The User guarantees the availability and/or ownership of the goods which are the subject of the advertisements themselves, as well as that their advertisements do not violate any copyright and/or industrial property rights and/or other rights of third parties. In the event of disputes by third parties regarding any advertisement or conduct linked to it, carried out by its author, the User who authored the advertisement or the disputed conduct assumes full and exclusive responsibility, undertaking to keep Nowarc srls indemnified and harmless from any damage, loss or expense. The User undertakes to use the response form to the advertisement for the sole purpose of making contact and exchanging information with other Users relating to the advertisements, using appropriate language, in compliance with the law, ethics and netiquette. Furthermore, the User assumes all responsibility for any damage that may arise to his computer system from the use of the Service.
6. Limitation of Liability:
Nowarc srls does not provide any guarantee regarding the content, origin, authenticity, completeness and correctness of the advertisements published, not even with regard to the data published and/or in relation to the information subsequently provided by the user, and/or with reference to the number or the quality of the results obtained through the Service. In any case, Nowarc srls reserves, at any time, the right to evaluate, approve, eliminate or prevent the insertion of advertisements, where these are in any way harmful to the Company or other third parties. The site also reserves the right to inhibit consultation or contact via the advertisement response form whenever, at its sole discretion, the use of the Service by a User refers to particular merchandise items, of which the exchange is considered prohibited pursuant to the law, or may be considered harmful and offensive to the rights or prerogatives of Nowarc srls or other third parties. However, it is understood that even in the event of evaluation and approval of the advertisements, Nowarc srls does not provide any guarantee regarding the content, completeness and correctness of the same. The parties declare that they consider Nowarc srls, in any case, extraneous to the negotiations that may arise from the use of the basic Service and the Nowarc Shop service and, therefore, the Company does not guarantee regarding the good faith of the same and/or their outcome positive conclusion. Consequently, no request for reimbursement, restitution, compensation, repair and/or compensation of any kind can be addressed to Nowarc srls. Furthermore, the Company cannot in any way be held responsible for any delays in delivery of goods purchased through the service offered and through the Nowarc Shop service. The Service is offered through the website www.nowarc.com, which may contain banners/links to other Internet sites or applications that are not under the control of Nowarc srls. The publication of the aforementioned banners/links does not imply approval, guarantee or endorsement by Nowarc srls of the related sites and their contents, for which it is not responsible in any way. The User undertakes to recognize that the Company is in no way responsible, by way of example, for the truthfulness, correctness, completeness of the aforementioned third party sites, nor for their respect for intellectual and/or industrial property rights, not not even liable for their possible opposition to the law and/or public order and/or good customs and/or morality. In particular, the User recognizes and acknowledges that the entry of information into the space and the consequent dissemination of the same on the internet, through the Nowarc srls Services, are carried out exclusively at their own risk. The User acknowledges that the internet network is not controlled by Nowarc srls and that, due to its peculiar structure, no public or private entity, nor even Nowarc srls, is able to guarantee and monitor the performance and functionality of the branches of the network and control the contents of the information that is transmitted via your network. For this reason, the User acknowledges and accepts that no responsibility can be attributed to Nowarc srls for the transmission or receipt of illegal information of any nature. The User agrees to indemnify Nowarc srls for any liability action that may be carried out by third parties relating to violations of national or international laws carried out by the User. The User will have to bear all costs, compensation for damages and charges, including any legal expenses, which may arise from such liability actions and undertakes to inform Nowarc srls if such liability action should be initiated against him. Nowarc srls does not assume, under any circumstances, any responsibility for the information, data, contents entered or transmitted and, in any case, processed by the User through the Service and in general for the use made by the same of the aforementioned Service and reserves to adopt any initiative and action to protect their rights and interests, including the communication to the parties involved of the data useful to allow the identification of the User. The User, now relieving Nowarc srls from any related responsibility, acknowledges and accepts that: a) the use of the services provided in collaboration with other infrastructures (national and international) is limited to the borders and rules established by the managers of the services themselves, as well as the legislation in force in the countries hosting such services and the international laws on the matter; b) technical interruptions of services are always possible due to failures and malfunctions of machines and software, whether they are owned by Nowarc srls or its suppliers; c) given the very nature of Internet services, it is not possible to guarantee any guarantee regarding the constant usability of the Service and/or on the certain transmission and reception of information and/or on the delivery and reception of email messages, as we cannot guarantee with absoluteness not even the privacy and confidentiality of the same. Nowarc srls, in any case, undertakes to ensure the best functionality of the system, but does not assume any responsibility either towards its Users or towards Third Parties for delays, malfunctioning, suspension and/or interruption in the provision of the Service caused by causes it is not attributable, such as by way of example and not limited to: a) fortuitous events, catastrophic events and force majeure; b) act of the third party (by way of example but not limited to: unauthorized publication by third parties of the texts entered by the User in any messaging area, public or private); c) incorrect use or non-compliant use of the Service by the User, with these General Conditions, or in any case failure to comply with the User; d) failures and malfunctions of machines and software, whether owned by Nowarc srls or its suppliers.
7. Limitation in the provision of the Service:
In addition to the hypotheses provided for in the clauses of these General Conditions, Nowarc srls reserves the right to modify, suspend or interrupt, in whole or in part, at any time, even without notice, the provision of the Service: a) if Nowarc srls, at its sole discretion, has reason to believe that the User has violated the provisions contained in this contract; b) in the event of failures in the network and service supply equipment due to unforeseeable circumstances or force majeure as well as in the case of non-programmable and/or predictable and technically indispensable modifications and/or maintenance; c) in the event of failures and malfunctions of the machines and software, whether owned by Nowarc srls or its suppliers, or in the event of activity and/or inertia of the latter or due to equipment owned by the User; d) if there are justified reasons of security and/or guarantee of confidentiality; e) in the event of failure and/or malfunction of servers and other electronic devices, even those not forming an integral part of the Internet network, of installed software, computer viruses, as well as by actions of hackers or other users with access to the network, or in any case of malfunction that involves danger for the network and/or for people. The User acknowledges and accepts that, in all the cases listed above, and in any case in which a suspension and/or interruption of the Service occurs, even if not dependent on facts attributable to Nowarc srls, the latter will in no way responsible towards the User or anyone for the unavailability of the Service, without however guaranteeing the continuity of the Service, the integrity of the data stored or sent through the Nowarc srls system and/or through the internet. The User, therefore, acknowledges and accepts that he will not be able to make any request for compensation for damages, reimbursement or compensation against Nowarc srls for the suspension or interruption of the Service which has occurred and relieves him, now for then, of any responsibility in this regard.
8. Personal data:
Nowarc srls guarantees compliance with the regulations set out in Legislative Decree 196/2003 – Code regarding the protection of personal data, but is not responsible in the event of improper use of the personal data of Users published by them on the platform in correspondence with the advertisement or your personal page.
9. Jurisdiction, applicable law and competent court:
The relationships between Nowarc srls and the Users are governed by Italian law and jurisdiction, on the basis of which these General Conditions must also be interpreted. Except as provided by non-derogable laws, the Court of Cremona will have exclusive jurisdiction to resolve any dispute that may arise regarding the validity, application, interpretation and execution of this contract.
10. Validity of these general conditions:
these General Conditions of Service are considered applicable, where compatible, even in the case of further, different and specific agreements relating to payment services. Nowarc srls may however unilaterally make changes to these General Conditions at any time by communicating them on its web platform. Unfair clauses: The User declares, pursuant to and for the purposes of the articles. 1341 and 1342 cc, that I have read in depth and expressly accept the contractual clauses referred to in numbers: 4. (Terms for use of the service); 5. (User responsibility); 6. (Limitation of liability); 9. (Limitation in the provision of the Service); 10. (Serial publication of announcements); 7. (Limitation to the content of publications); 8. (Personal data); 9. (Jurisdiction, applicable law and competent court); 10. (Validity of these general conditions).