Site use conditions
Massimo Braglia Via Catellani, 13 – 41012 Carpi (MO) Italia – (Contractor), is the owner of the website www.bookkarate.com (the Website).
2.1 The purpose of this document is to define the terms and conditions for access to the Site, its registration and the use of the services offered (the Contract) by both individuals and legal entities (User). Failure to register on the site prevents the use of the services offered. It is possible to request registration on the site and access the download / upload functions through the Contacts – Technical Office module and then through direct agreements with the Manager of the office in charge. (legal entities).
2.2 By accessing the Website or its contents, with their consultation and their download or other use of the same, the User undertakes to comply with the terms and conditions referred to in this document as well as to comply with all provisions legal regulations.
2.3 The conditions established in this document are considered valid in addition to other valid conditions as per contract or conditions of distribution, license, sale or according to other applicable agreements or conditions.
3. Registration procedure
3.1 The registration of the User to the Site is done by filling in a Registration Request through the Contact Form – Technical Office, in fact, through direct agreements with the Manager of the office in charge. In case of incorrect data entry or the need to modify the same, the User will have the right to request the modification at any time by sending a communication to Massimo Braglia by e-mail to the address indicated in the following article 13.1.
3.2 The registration will be assigned to the User an identification code (User ID) and a keyword (Password) (Registration). The User ID and Password will allow the User to use the services offered by Massimo Braglia on the Site (the Services) in compliance with the specific conditions and terms applicable to it.
3.3 The User ID and Password are strictly personal and not transferable. The User undertakes not to disclose them to third parties and to keep them and protect them with the utmost diligence. The User will be held responsible for the use by third parties of the User ID and Password.
3.4 The User undertakes, in any case, to immediately notify any theft, loss or loss of the User ID as well as the theft or loss of the Password to Massimo Braglia by sending a communication by e-mail to the address indicated to the following article 13.1. If the Password is lost, the User can recover the lost Password by following the specific instructions contained in the Recover password page, in the reserved area.
3.5 Massimo Braglia , at its discretion, may refuse Registration.
4. Conclusion of this Agreement
For the purpose of concluding this Agreement, the User, after completing the Registration request and sending it to Massimo Braglia electronically as indicated above, will be awaiting receipt of acceptance and confirmation of registration. This Agreement is considered concluded upon receipt by the User of the UserID and Password sent by the Massimo Braglia itself.
5. Use of the Services
Massimo Braglia has the right to modify at any time and at its sole discretion the contents and functional and operational methods of the Site also taking into account the need to comply with the legislative provisions.
6. Registration Cancellation
In any case, Massimo Braglia reserves the right to cancel the Registration at any time. In this case the User will lose the right to use the User ID and Password and use the Services.
Access to the reserved area: The service may be suspended due to failure to comply with the contractual terms. The services offered are provided AS WELL as Massimo Braglia reserves the right to suspend such services without prior notice.
7. User ObligationsThe User undertakes to use the Site and Services so that:
- all the provisions contained in this Agreement and in the Disclaimer are respected, all the legal provisions and the general conditions relating to the Services (for example, the general conditions of supply of the products or services of Massimo Braglia );
- no provisions of law are violated;
- no third party rights are violated, including, by way of example only, industrial and / or intellectual property rights;
- no false and / or misleading information is placed on the site;
- messages and / or material that are pornographic, racist, obscene, blasphemous, defamatory or otherwise offensive are not posted on the site;
- the rules, ethical principles and good behavior are respected.
8. User Warranties
The User declares and guarantees to have full and exclusive ownership of any Trademarks (as defined in article 10 below) and of the information and content eventually provided to Massimo Braglia and that their use by Massimo Braglia under this Agreement does not violate no third party rights or violate applicable laws and / or regulations.
9. Limitations of liability of Massimo Braglia
9.1 The Massimo Braglia is in no way responsible for any damage caused to the User by the use of the Site and the Services including loss of business opportunities, lost earnings, loss of data.
9.2 Massimo Braglia assumes no responsibility for delays, malfunctions, suspension and / or interruption of the connection to its Site and / or Services caused by:
- events of “Forza Maggiore”, meaning in an exemplary and non-mandatory manner, an event among the following: interruption of electricity or telephone lines or connection to the network due to third parties, strikes, industrial disputes, wars, state reasons or of civil or military authorities, embargoes, vandalism and terrorist acts, epidemics, flooding, earthquakes, fires and other natural disasters, incorrect use by the User of the Site and / or Services, any other cause not attributable to Massimo Braglia ;
- functional defects of the connection equipment used by the User;
- technical failures to the IT equipment of Massimo Braglia or its ISP (Internet Service Provider).
9.3 Massimo Braglia does not guarantee:
- the fact that the Services or products offered on the Site do not violate laws, regulations, third party rights or provisions of authority;
- the correctness and truthfulness of information relating to the Services or products offered on the Site;
- any inaccuracies, inaccuracies, errors and omissions in the contents and information present on the Site and / or offered to Customers through the Services;
- therefore, Massimo Braglia is not liable for any damage, loss or liability suffered by the User as a result of requests for compensation, actions and / or claims by the Customers and / or third parties relating to: inaccuracies, inaccuracies, errors or omissions in the contents and information on the Site and / or offered to Customers through the Services; violations of laws and / or third party rights in relation to information and content on the Site and / or offered to Customers through the Services; lack of conformity and defects in the products offered on the Site.
10. Industrial and intellectual property rights.
10.1 The content and information available on the Website and / or offered to the User through the Services as well as the software used to provide the Services are owned by Massimo Braglia or granted to it by third parties and are protected by copyright or by other intellectual property rights (including database rights) recognized by applicable national, EU and international laws.
10.2 The User undertakes not to download, reproduce, transmit, sell or distribute, in whole or in part, for any reason, the content and information available on the Site or received through the use of the Services and the software used for the supply of the Services, without the express written authorization of Massimo Braglia .
10.3 The User acknowledges and agrees that the Registration Data as well as those subsequently provided to Massimo Braglia will be entered into a database established by Massimo Braglia and the latter’s exclusive ownership.
10.4 For the entire duration of this Agreement, the User grants Massimo Braglia free of charge the non-exclusive right, without territorial limitations, to use one or more distinctive signs of the User (the Trademarks) in order to fulfill the obligations deriving from the this Agreement. The license to use the Trademarks includes the non-exclusive right of Massimo Braglia to use them in the context of its marketing and communication activities, always with full respect for the User’s image. The User has, however, the right to prevent such last use of the Marks by giving written notice to Massimo Braglia.
11. Links and reference sites
In addition to what is already provided for in the Disclaimer, Massimo Braglia does not guarantee access to sites which may postpone any links entered on the Site and the truthfulness and completeness of the contents inserted in these sites. Massimo Braglia assumes no responsibility for any errors and / or omissions in them, nor for any violations of laws and third party rights.
12. Protection of personal data
12.1 The data communicated by the User at the time of Registration and subsequently, will be processed by Massimo Braglia in compliance with the law on the protection of personal data (Decree 196/2003), according to principles of correctness, lawfulness and transparency in compliance with security measures, with or without the aid of electronic and / or automated means and for the purposes indicated below:
– the fulfillment of the obligations established by the laws of the State, by the regulations and by the community or international legislation;
– use of the Services including the execution of any preliminary or necessary activity for the performance of electronic commerce services;
– commercial communications relating to the services offered by Massimo Braglia , business opportunities, consulting services, marketing, promotion and advertising, including via the Internet, market research and statistical surveys.
12.2 The consent to the processing of data for the purposes set out in the Information – Privacy Statement is necessary to fulfill legal and contractual obligations. Consent to processing is necessary to obtain information about the commercial opportunities offered by Massimo Braglia .
12.3 The User, previously informed, pursuant to art. 13 of Decree 196/2003, regarding the purposes of using the data, with the acceptance of the terms and conditions referred to in this Agreement, gives its consent to the processing and dissemination of the data by Massimo Braglia in Italy, and in the countries of the European Union or in the rest of the world.
12.4 The owner of the processing of personal data is the Massimo Braglia . The User may, at any time, contact Massimo Braglia in order to enforce the rights set forth in art. 7 of Decree 196/2003 and, free of charge, consult, request the updating, integration and rectification of their data, as well as oppose in whole or in part to their treatment.
The User may contact the data controller for this purpose by writing to:
Massimo Braglia , via Catellani 13 – 41012 Carpi (MO) Italy – firstname.lastname@example.org
13. Communications – Archiving
Any communication relating to this Agreement will be sent:
– to the User, by e-mail, to the ordinary or e-mail address communicated by them at the time of registration;
– as for Massimo Braglia at the e-mail address email@example.com
If otherwise provided with respect to the above, notices may also be sent by registered letter with acknowledgment of receipt if the User, at the address indicated by them in the Registration Request, to the Massimo Braglia at the address indicated in the previous article 12.4 .
14. Changes to this Agreement
The User acknowledges and agrees that Massimo Braglia may modify this Agreement at any time, giving timely notice. Continuation of the use of the Site and / or Services will result in the acceptance of the changes made to this Agreement. It is understood that the acceptance of the modifications of the present Contract by the User cannot be partial and must be considered as referring in full to the proposed modifications.
15. Applicable law and competent court
15.1 This Agreement is governed by Italian law.
15.2 Any dispute arising from the interpretation, execution and / or termination of this Contract will be referred to the exclusive jurisdiction of the Court of Modena.
16. Browsing the pages of the site some so-called technical cookies could be installed on the user’s browser. These are cookies that serve only to allow a better browsing experience but that do not allow us to store any personal data that can be used for other purposes. Furthermore, in order to have statistical data regarding visits to the site, an additional cookie could be installed on the same browser which, however, will not allow neither the owner of the site, nor third parties to trace the identity of the User and will be used exclusively for the purpose of recording, in aggregate form, the data relating to an additional access on these pages, except in the case of Customers registered on the site and accessing the reserved area, thus activating the identification procedures already accepted and regulated by the itself, upon voluntary registration on the site.
By accepting this Agreement, pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the User declares to have carefully read and specifically approved the agreements contained in the following articles: Article 6 (Cancellation of Registration), Article 9 (Limitations of liability of Massimo Braglia), Article 10 (Rights of industrial and intellectual property), Art. 11 (Links and reference sites), Art. 12 (Protection of personal data), Art. 14 (Amendments to this Contract and to the general conditions of the Services), Art. 15 (Applicable law and competent court).