Terms of use - CyberQual

Cookies

CyberQual s.r.l. uses "cookie" technology to enhance and facilitate your visit to the CyberQual website. The "cookie" files are sent to your computer and identify you as a unique user and store your personal preferences and technical information. We use:

Permanent "cookies" (i.e., the cookies remain on your computer until you delete them), and
Temporary "cookies" (i.e., the cookies last until you close your browser).

"Cookies" do not themselves contain or reveal any personal information.

If you submit personal information via the CyberQual website information can be linked to the data stored in the cookies. If you do not accept CyberQual s.r.l. use of cookies you may change your browser settings so that the browser does not accept cookies (instructions on how to change your browser's cookie settings should be found in the help section in your web browser. If you change the settings you will not be able to access certain parts of the CyberQual website.

License

Subject to the terms and conditions set forth in this Agreement, CyberQual s.r.l. grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

CyberQual s.r.l. authorizes you to view and download the information ("Materials") at Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use or communicate them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, CyberQual s.r.l. does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation.

User accounts

You might be required to open an account to be able to access certain restricted parts of the Site. In such event you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form. You will also be required to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under said account. You agree to notify CyberQual s.r.l. immediately of any unauthorized use of your account or any other breach of security. CyberQual s.r.l. will not be liable for any loss that you may incur as a result of someone else using your password or account.

User warranties

You represent and warrant that you will use the Site in compliance with this Agreement including the laws and provisions under this Agreement and to comply with all existing and future Site policies and rules. You agree that you will not use the Site to: (a) transmit spam or unsolicited communications; (b) pretend to be CyberQual s.r.l. or someone else; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) act in a manner that negatively affects other users' ability to use the Site; (f) engage in activities that would violate any applicable law, (g) post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services; (h) collect or store personal data about other users unless specifically authorized by such users, or (i) not adhere to withdrawal of such authorization as described in (h). If you do not comply with the aforesaid, you may not use the Site, CyberQual s.r.l. shall not be legally bound by this Agreement, and reserves all its legal rights in relation to such non-compliance.

If you violate the Terms of use, you are liable to pay compensation for damages caused to CyberQual s.r.l. and its affiliates as a consequence of your actions.

Changes

CyberQual s.r.l. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted on the Site. Your continued use of the Site after any change to this Agreement are posted will be considered acceptance of those changes.

CyberQual s.r.l. may terminate, change, correct any errors or omissions in any portion of the Site, make any other changes to the Site, the materials and the products, programs, services or prices (if any) described in the Site, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. CyberQual s.r.l. may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. CyberQual s.r.l. may terminate the authorization, rights and license given above at any time and, upon such termination, you shall immediately destroy all Materials.

Acknowledgement of Intellectual Property Rights

You acknowledge that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs (whether registered or unregistered) in the Site are vested in CyberQual s.r.l. or its licensors. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in CyberQual s.r.l. shall inure to CyberQual s.r.l.

Sharing your Information with CyberQual s.r.l.

Sharing your personally identifiable information enables us to offer you a number of benefits. Using your personal account or other registration could make it easier and more convenient for you to:

Register your purchase so you can receive all the benefits to which your purchase entitles you
Request information specific to your product an interests
For easier check out when buying CyberQual s.r.l. accessories and spare parts online
Get notification and information on events and promotions you registered for.

It will also allow us to conduct market and statistical research to help us develop better products, to improve our websites and to get to know our consumers better. You may choose to share your information with us in a number of ways online, such as completing a registration form, ordering service or installation, entering a contest, attending an event, registering a purchase, purchase in the webshop or participating in a promotion, or subscribing to a newsletter.

Please note that your personally identifiable information will be stored in a central CyberQual s.r.l. database and may be transferred from your home country to other CyberQual s.r.l. companies around the world, who may communicate with you about our products or special offers. If you do not wish to receive promotions, you can let us know by not accepting consent on the registration form.

The information may be administered and handled by carefully selected parties of CyberQual s.r.l.. Except as provided for in the above, this information will not be submitted to any third party except when we have your consent to do so.

If you want us to stop sending personalized offers or information, you can let us know by using the opt-out functions provided in e-mail or on your account page. If you want us to remove your details you can let us know by completely deactivating your account.

Please note that your personal identifiable information provided for webshop orders or service request will, unless you also create an account or subscribing to promotions, solely be used to fulfil our obligations to you.

Information provided by you

Any personally identifiable information you may provide to CyberQual s.r.l. via this site is protected by applicable laws. However, you should not send any confidential or proprietary information to CyberQual s.r.l. via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to CyberQual s.r.l. will not be considered confidential or proprietary. By providing any such information or materials to CyberQual s.r.l., you fully assign and transfer to CyberQual s.r.l. all intellectual property rights in and to such information and materials and CyberQual s.r.l. is thereby free to use, reproduce, display, publicly perform, transmit, distribute, modify assign, and license such information and materials, and you further agree that CyberQual s.r.l. is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to CyberQual s.r.l.. You further warrant that you shall not provide any information or materials to CyberQual s.r.l. that is defamatory, threatening, obscene, harassing, or otherwise unlawful under whatever applicable law, or that incorporates the proprietary material of another. CyberQual s.r.l. reserves the right to, in its sole discretion, remove any information provided by you from the Site.

Security

You may not:

use any device or software capable of interfering with the operation of the Site; or
take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the Site (such as sending mass emails or "spamming"), or
interfere or tamper with the software of the Site or the functionality thereof. This includes putting material on the Site, which is infected with viruses, Trojan horses, time bombs or other elements that may damage or interfere with the programming structure of the Site.

Third Party web sites

CyberQual s.r.l. does not undertake to monitor or review Third Party Site Content nor is CyberQual s.r.l. responsible for the accuracy or reliability of any such third party web sites. Furthermore, CyberQual s.r.l. may provide on this Site links to Web Sites operated by other entities. If you use these Sites, you will leave this Site. If you visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. CyberQual s.r.l. makes no warranty or representation regarding any linked Web Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that CyberQual s.r.l. or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of CyberQual s.r.l. or any of its affiliates or subsidiaries.

External links to the Site

All links to the Site must be approved in writing by CyberQual s.r.l., except that CyberQual s.r.l. consents to links in which:

the link is a text-only link containing only the name "CyberQual s.r.l." and does not contain any of CyberQual s.r.l. or its licensor's proprietary trademarks;
the link "points" only to www.cyberqual.it and not to deeper pages;
the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked web Site; and
the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by CyberQual s.r.l. nor be such as to damage or dilute the goodwill associated with the name and trademarks of CyberQual s.r.l. or its Affiliates.

CyberQual s.r.l. reserves the right to revoke this consent to link at any time in its sole discretion.

Exclusion of implied warranties

Although care has been taken to ensure the accuracy of the information on this Site, CyberQual s.r.l. assumes no responsibility therefore. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CYBERQUAL S.R.L. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". CYBERQUAL S.R.L. EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. CYBERQUAL S.R.L. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. CYBERQUAL S.R.L. DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY CYBERQUAL S.R.L. ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE EXCLUDED EXCEPT TO THE EXTENT THAT LAW PROHIBITS THEIR EXCLUSION.

Limitation of liability

IN NO EVENT SHALL CYBERQUAL S.R.L. BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF CYBERQUAL S.R.L. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL CYBERQUAL S.R.L. BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS SITE.

Duty to mitigate loss

Without prejudice to limitation of liability set forth herein, you shall take all reasonable steps to mitigate your loss arising in relation to any claim or action (whether for negligence, breach of contract or otherwise), which you may bring against CyberQual s.r.l.

Notices

All references to "writing", "notices", and "notification" and all similar ends related expressions shall cover electronic methods of communication (for instance, e-mail) provided that the party relying on the communication retains acceptable evidence that the communication was sent and received.

Time bar and severability

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Access from territories and locations outside of Italy

CyberQual s.r.l. makes no representation that materials at this Site are appropriate or available for use at other locations outside of Italy and access to them from territories where their contents are illegal is prohibited. If you access this Site from locations outside of Italy, you are responsible for compliance with all local laws.

Governing Law

Your use of this site and these Terms of use shall be governed by the laws of the Republic of taly, without giving effect to its conflict of laws provisions. For any legal act the court of competent jurisdiction is Gorizia - Italy.

Comunications about privacy

Any comunication about the treatment of personal information can be done sending a request:

using ordinary mail at CyberQual s.r.l., via Giustiniani 20, I-34170 Gorizia, Italy
using e-mail at info