Terms & Conditions

1. Acceptance of Terms and Conditions
  1. These Terms and Conditions record an agreement between you and us for the purpose of you browsing or using the Website. 

  2. By using the Website, you are accepting these Terms and Conditions and agree to be bound by them.

  3. These Terms and Conditions apply continuously and anew each time you use the Website. We reserve the right to make changes to these Terms and Conditions from time to time without notice, and you should check the Terms and Conditions upon each use of the Website.

2. Use
  1. Use of the Website does not require an account or registration, and any person or entity that can access that Website may use it. 

  2. Use of any of the Services may require registration in accordance with the relevant terms and conditions for those Services.

  3. You agree to use the Website for its intended purpose. You may not use the Website for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Website to violate any laws in your jurisdiction, including but not limited to copyright laws.

  4. You must not use the Website for any unconscionable behaviour or activity, including but not limited to:

    • Engaging in abusive, derogatory, discriminatory, or vexatious behaviour

    • Engaging in any activity that disrupts or corrupts the Website or the networks that host the Website

    • Attempting to hack, reverse-engineer, disable, circumvent, or otherwise gain access to any security, database, or other secure aspect of the Website.

  5. You may link to the Website only: (a) With our prior express permission; (b) In a way that is fair, unbiased, legal and does not damage or exploit our reputation; or (c) In a way that does not suggest either express or implied any association or endorsement by us.

  6. You must remove or procure the removal of any link to the Website immediately upon receiving notice from us to do so. We may give such notice at our absolute discretion without justification.

3. Intellectual Property 
  1. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Website beyond the ability to use it for its intended use.

  2. Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Website.

  3. By accepting these Terms and Conditions you undertake not to reverse engineer, replicate, or otherwise copy the Website or parts thereof. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you, your business or its members, employees, officers, affiliates, customers, or anyone else.

  4. All intellectual property and ownership rights subsisting in the Website (including the user interface and the software comprising the Website), the data derived from your use of the Website, all content including but not limited to trademarks, names, layout, colour schemes, URL’s, photos, drawings, images, catalogues, audio, video, and any other documentation, information or materials that are supplied by the Website to you (Website Content), remain our or our third party licensors exclusive property. For the avoidance of doubt, nothing in these Terms and Conditions assigns any ownership rights to you. Nothing in these Terms and Conditions gives you the right to use any of the Website Content for any reason including without limitation utilizing, copying, distributing, re-publishing or copying the Website Content.

4. Modifications to the Website
  1. We reserve the right to modify or discontinue, temporarily or permanently the Website and its products and services with or without notice.

  2. We accept no liability if any such modification or discontinuance causes any loss or damage to you or causes any disruptions to your use of the Website

5. Warranties 
  1. By using the Website, you represent and warrant to use that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Website.

  2. Subject to any of the rights you may have under consumer protection laws, we exclude to the fullest extent possible all implied terms and warranties, whether statutory

6. Limitation of liability
  1. The Website is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:

    • The operation and functionality of the Website

    • The accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the Website content

    • the products and services associated with the Website or its content.

    We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.

  2. We disclaim all liability for any: (a) indirect, special, incidental, punitive, exemplary, reliance or consequential damages; (b) loss of profits; (c) business interruption; (d) network interruptions; (e) loss or damage to reputation of us or any third party; or (f) loss of information or data. We further disclaim all liability for any loss or damage arising out of your use of the Website.

  3. Your use of the Website is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer or mobile devicesin the course of using the Website. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.

7. Indemnity
  1. You agree to defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of :

    • Your access to or use of the Website

    • Your violation of these Terms and Conditions

    • Any infringement by you of any intellectual property or other right of any person or entity.

    We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. General
  1. To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Website. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Website, for purposes of search engine optimisation and to drive traffic to the Website. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.

  2. You understand that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website.

  3. You must not modify, adapt or hack the Website or modify another website or software so as to falsely imply that it is associated with the Website or us.

  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website without our prior written express permission. We claim copyright and all other intellectual property rights over the Website and its other products and services and reserves all of our rights.

  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers may result in you being banned from the Website. 

  6. We do not warrant that: (a) The Website will meet your specific requirements; (b) The Website will be uninterrupted, timely, secure, or error-free; (c) The content that may be obtained from the use of the Website will be accurate or reliable; (d) Any errors in the Website will be corrected.

  7. You expressly understand, agree and warrant that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Website; (b) unauthorised access to or alteration of your transmissions or data; (c) or any other matter relating to the Website.

  8. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and governs your use of the Website, superseding any prior agreements between you and us.

  9. Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.

  10. We make no representations or warranties that the content of the Website complies with the laws (including intellectual property laws) of your jurisdiction.

  11. Any queries about the Terms and Conditions should be send to us by email at [mail@matterize.it]