Iubenda Service Order Privacy Cookie Generator

March 21 , 2023

PART ONE - PREMISES

Art. 1. This Service Order (" SO ") is an integral and substantial part of SWIZZONIC 's General Terms and Conditions of Service . ("GCS"). The GTC and this SO establish the terms and conditions for the provision of the Iubenda Privacy Cookie Generator Service by SWIZZONIC to the Customer through the supplier Iubenda Srl (hereinafter Iubenda ).

Art. 2. The commercial offer, published online on the website www.swizzonic.ch, or brought to the attention of the Customer through our commercial channels, forms an integral part of these conditions (" Offer ").

Art. 3. The Customer declares to accept and respect the contractual conditions of the Iubenda supplier as indicated below.

Art. 4. The Customer acknowledges and accepts that the sections relating to
- Limitations of Liability
- the service provided "as is",
- Indemnity
of the following sections of the Iubenda contractual conditions will also be considered extended to the benefit of SWIZZONIC .

Art. 5. The Customer declares that he has read and expressly accepts the following sections of the Iubenda contractual conditions set out in this SO : Limitations of liability, User's responsibilities and duties, The service is provided "as is", Indemnity, Data Protection, Changes to These Terms, Governing Law and Jurisdiction.
Furthermore, the Customer declares to have read and to expressly approve, also pursuant to and for the purposes of articles 1341 and following of the civil code , the following articles:
- Art. 4, Art. 5, Art. 6 and Art. 7 of PART ONE - PREMISES of this OdS ;
- Art. 2. Nature of the Service and Art. 3. Things to know at a glance of PART TWO – TERMS AND CONDITIONS OF www.iubenda.com of this SO ;
- Art. 2. Registration, Art. 3. Contents on the Website and Art. 5. Admitted use of the THIRD PART – CONDITIONS OF USE of this SO ;
- Art. 9. Duration of the contract and withdrawal, Art. 10. Limitation of liability and indemnification, Art. 12 Interruption of the Service, Art. 15. Processing of personal data through the Website, Art.17. Amendments to the Terms, Art. 18. Assignment of the contract, Art. 20. Applicable law, Art. 21. Jurisdiction and Art. 22. Post-contractual effectiveness of PART FOUR - TERMS AND CONDITIONS OF SALE of this SO .

Art. 6. In order to activate and use the Service, the Customer must carry out the activation procedure shown in the Customer's SWIZZONIC Control Panel. The Customer's email address will be communicated to Iubenda for the creation of an account with said supplier.
In the event that the Customer's email address corresponds to an account already registered with Iubenda , the latter will ask the Customer to combine / reconcile the services purchased through SWIZZONIC with those already in use with Iubenda relating to the same Customer's email account. The Customer must accept the merging / reconciliation of services in order to be able to use the Iubenda services purchased from SWIZZONIC .

Art. 7. The Client acknowledges and accepts that the Services governed by this SO , the contents of iubenda.com and the documents generated using the Service are provided for informational purposes. Although the clauses and provisions that can be selected in the generator have been drawn up by a team of Iubenda consultants and are subject to constant review and updating, the generation of documents takes place in a fully automated way. Therefore, the Service does not constitute or replace legal advice, nor does it give rise to a mandate relationship between the client and the lawyer. Despite the maximum effort aimed at offering the best possible service, neither Iubenda nor SWIZZONIC can guarantee that the documents generated are perfectly compliant with the applicable law. Customers and Users are therefore advised not to rely on the documents generated with iubenda without the assistance of a lawyer qualified in the reference law/laws.

SECOND PART - Terms and Conditions of www.iubenda.com

Art. 1. Introduction to the terms and conditions of www.iubenda.com
These Terms govern
• use of the structure that allows the provision of the Service on www.iubenda.com (hereinafter also the " Website ") and
• any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

Nothing in these Terms creates an employment, agency, or partnership relationship between the parties.

The person responsible for the website www.iubenda.com is:
iubenda srl
Via San Raffaele, 1 – 20121 Milan
Chamber of Commerce of Milan, Lodi, Monza and Brianza
Fiscal code/VAT number: IT07347120961
UK VAT number: GB 370904694
CS: 12,603.50 Eur ( iv .)
Legal representative: Andrea Giannangelo
Owner's email address : info@iubenda.com

The “ Website ” refers to
• the Service;
The following documents are incorporated into the Terms for Referral:
• Data Processing Agreement ( https://www.iubenda.com/terms-and-conditions/18097248 ) / Service Provider Agreement ( https://www.iubenda.com/terms-and-conditions/25735293 )

Art. 2. Nature of the Service
The Website allows Users to generate legal documents by combining several predefined clauses. These clauses are included by selecting the relevant options during the document generation process. The User can also draft fully customized content clauses to add to the document. The User will not be assisted or guided in choosing the right clause for his case or in drafting personalized clauses either by the staff of the Website or by any other consultant. The correct choice of the clauses suitable for a specific context or activity, as well as the verification of the compatibility of the documents generated with the applicable law and the observance of all the applicable legal provisions in the exercise of one's own activity therefore fall within the sole responsibility of the User. In light of the foregoing, the Service offered to the Site by the Website does not represent and does not replace legal advice.

Art. 3. To know at a glance
• Access to the Website is permitted to Users who meet the age requirements specified in these Terms.
• Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. In case of failure to mention, the clauses apply to all Users.
• The right of withdrawal applies only to European Consumers.
• Subscriptions to Products offered on the Website are subject to automatic renewal. Information on a) the duration of the renewal period, b) the cancellation procedure and c) the notice period is indicated in the respective sections of these Terms and in the General Terms and Conditions of Service of SWIZZONIC .
• Important: Different rules apply to Consumers located in Germany, as described in the relevant section of these Terms.
• Users are responsible for the correctness of the information provided for billing purposes. Once the invoice has been issued, it will no longer be possible to change the information entered.
• It is the Users' exclusive duty to choose the options suitable for their situation or activity during the document creation process, and to subsequently verify that the generated documents meet all legal requirements. Neither the Website nor Iubenda nor SWIZZONIC provide any assistance in this matter. The suggestions and instructions in the generator have the sole purpose of illustrating its operation to Users and do not contain any information specifically referring to individual Users.

THIRD PART – TERMS OF USE

Art. 1. Introduction to the conditions of use
Unless otherwise specified, the conditions of use of the Website set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using the Website, the User declares to meet the following requirements:
• There are no restrictions on Users with respect to whether they are Consumers or Professional Users;
• User must be at least 13 years old;

Art. 2. Registration
iubenda account activation procedure indicated by SWIZZONIC and available on the page https://www.swizzonic.ch/privacy-cookie-generator/.
It is not possible to use the Service without opening a User account.
It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on the Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials. Users are required to inform the Owner and SWIZZONIC immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disseminated or withdrawn.
Registration requirements
The registration of a User account on the Website is subject to the conditions specified below. By registering for an account, the User confirms that they meet these conditions.
• Opening accounts via bots or other automated means is not permitted.
Account closure
The User is free to close his account and cease using the Service at any time, following this procedure:
• Using the account closure tools available on the Website.
• By contacting the Data Controller at the addresses in this document.
Account suspension and deletion
The Owner and/or SWIZZONIC reserve the right to suspend or cancel a User's account at any time at their discretion and without notice, if they deem it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Art. 3. Contents on the Website
Unless otherwise specified or clearly recognizable, all content available on the Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care so that the content available on the Website does not violate the applicable legislation or the rights of third parties. However, this result is not always possible.
In such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document.
Rights to the contents of the Website
The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
The User is authorized to use the documents only for the period of subscription to the Service. Unless written authorization by the Owner, any kind of partial or complete reproduction of the documents will be considered an infringement of the Owner's copyright.
Content provided by Users
The Owner allows Users to upload, share or offer their own content on the Website.
By providing content to the Website, the User declares to be legally authorized to do so and confirms that said content does not violate the law and/or rights of third parties.
Rights to Content Provided by Users
The User acknowledges and accepts that by providing their own contents to the Website, they grant the Owner, free of charge, the non-exclusive right to process the contents for the purposes of operation and maintenance of the Website, as contractually foreseen.
Within the limits of the law, the User waives the exercise of moral rights in relation to the content provided to the Website.
Users acknowledge and accept that the contents they offer via the Website will be made available under the same conditions applicable to the contents of the Website.

Art. 4. Access to external resources
Through the Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.

Art. 5. Admitted use
The Website and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is the sole responsibility of the User to ensure that the use of the Website and/or the Service does not violate any law, regulation or third party rights.
Therefore, the Owner and/or SWIZZONIC reserve the right to adopt any suitable measure to protect their legitimate interests, and in particular to deny the User access to the Website or the Service, terminate contracts, denounce any reprehensible activity carried out through the Website or the Service to the competent authorities – p. eg. the judicial or administrative authority – whenever there is a suspicion that the User violates the law, regulations, rights of third parties and/or the Terms, in particular, but without exclusions, by carrying out one of the following activities :
Rules of conduct
• pretend to meet any requirement to access the Website or use the Service, such as being of legal age or being a Consumer;
• hide your identity, use the identity of others or pretend to act in the name of a third party, unless authorized by that third party;
• alter identifiers to hide or disguise the origin of their messages or published content;
• defame, threaten, abuse, use intimidation practices, threaten or violate the rights of third parties in any other way;
• promote activities that may endanger your life or that of any other User or cause physical harm. Included in this category, but without any exclusion, are the threat of or instigation of suicide, the glorification of intentional physical trauma, the use of illegal drugs, the abuse of alcohol. The publication of content that promotes, glorifies or illustrates self-destructive or violent attitudes on the Website is not tolerated under any circumstances;
• test, analyze or test the vulnerability of the Website, services and networks connected to the Site, violate the security or authentication procedures on the Website, services and networks connected to the Website;
• install, embed, upload or otherwise embed any malware on or through the Website;
• use the Website or related technological infrastructure in an abusive, excessive or otherwise inappropriate manner (for example: for spam purposes);
• attempt to disrupt or tamper with the technological infrastructure in such a way as to cause damage or undue burden to the Website or the Service;
• customize the iubenda Cookie Solution in such a way as to violate the TCF policies, if the IAB Transparency and Consent Framework (TCF) feature is enabled. Users acknowledge that modifying the configuration in violation of the TCF policies also constitutes a violation of these Terms and could lead to the suspension or termination of the User account (and in any case will result in the removal or suspension of the Cookie Solution in question);
• copy and paste the documents or integrate them in any way other than using the specific integration/ embedding code . The generated documents could be archived by iubenda and integrated into a site or app by means of integration/ embedding tools ;
Scraping
• implement automated processes for the extraction, collection or capture of information, data and/or content on the Website from the Website and from all related digital extensions, unless expressly authorized by the Owner;
Content rules
• disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
• post content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence;
• disseminate or publish false content or content that may cause unjustified alarm;
• use the Website to publish, disseminate or otherwise offer content protected by intellectual property law, including, but not limited to, patents, trademarks and copyright, without the authorization of the rights holder;
• use the Website to post, disseminate or otherwise offer content that violates the rights of third parties, including, but not limited to, military, commercial, professional or state secrets and personal data;
• post content or engage in activities that disrupt, interrupt, damage or otherwise violate the integrity of the Website or other Users' devices. These activities include: spamming, the unlawful dissemination of advertising, phishing, defrauding third parties, the dissemination of malware or viruses, etc.;

Art. 6. "Word of mouth"
The Website allows Users to receive benefits if, thanks to their recommendation, a new User purchases a Product offered on the Website.
To find out all the details and applicable conditions, Users are requested to consult the specific contractual terms in the relevant section of the Website.
The Owner reserves the right to terminate the offer at any time at its discretion.

Art. 7. Affiliation
The Website may offer Users the opportunity to participate in an affiliate program subject to the conclusion of an agreement between the User and the affiliate partner with whom he collaborates on the Website. However, Users have no exercisable claim to participate in such affiliate programs.

Art. 8. Software license
Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or relating to the Website is held by the Owner and/or its licensor.
Provided that the User complies with these Terms and notwithstanding any divergent provisions contained therein, the Owner grants Users a revocable, non-exclusive, non-sublicensable, non-sublicensable license to use the software and/or technology integrated into the Service within the framework and for the purposes of the Website and the Service offered.
The license does not include any right to access, use, or disclosure of the original source code to You. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
The granting of rights and licenses to the User ceases immediately upon termination or expiration of the Agreement.

PART FOUR - TERMS AND CONDITIONS OF SALE

Art. 1. Paid products
The tariffs, duration and conditions applicable to the sale of these Products are described in the Commercial Offer and in the General Terms and Conditions of Service of SWIZZONIC .

Art. 2. Product description
Prices, descriptions and availability of the Products are specified in the respective Offer and are subject to change without notice.
Although the Products on the Website are presented with the greatest accuracy technically possible, the representation on the Website by any means (including, as the case may be, graphics, images, colors, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.

Art. 2. Purchase procedure
Each phase, from choosing the product to placing the order, is part of the purchase procedure.

Art. 3. Sending the order
Placing your order involves the following:
• The sending of the order by the user determines the conclusion of the contract and causes the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User's obligation to collaborate consequentially.
• Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

Article 4. Prices
During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Art. 5. Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of the SWIZZONIC website .
Promotions and offers are always granted at the sole discretion of SWIZZONIC .
Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Controller's office, as indicated in the contact details in this document.

Art. 6. Means of payment

In relation to the methods and means of payment, please refer to the provisions of the SWIZZONIC GTC .

Art. 7. Reservation of rights of use
Until payment of the full purchase price is received by the Owner, the User does not acquire the rights to use the Products ordered.

Article 8. Delivery
Provision of services
The purchased service will be performed or made available within the times indicated on the Website or according to the methods communicated before forwarding the order.

Art. 9. Duration of the contract and withdrawal

Fixed-term paid subscriptions start from the day SWIZZONIC receives the payment and remain active for the subscription duration chosen by the User or otherwise indicated during the purchase procedure.
Once the term of the subscription has ended, the Product will no longer be accessible.

It is understood that any early termination of the contract with respect to its natural expiry, by the Customer for reasons not attributable to SWIZZONIC , will not give the right to a refund, compensation or indemnity in favor of the Customer for the period in which he did not use the services same.

Unless otherwise indicated to the Customer, the Services will be automatically renewed upon expiry for periods of equal duration compared to the initial period. For the service purchased on the online sales channel, the Customer acknowledges that it will not be possible to activate the automatic renewal of the Service if the payment method by bank transfer is selected. The Customer can change the renewal method from his control panel, from automatic to manual up to 20 days before the expiry date, and from manual to automatic up to 30 days before expiry. In any case, before the expiry of the Services, a communication will be sent to the Customer containing the information necessary to manage the renewal.

Please note that in the event of non-renewal, in the forms and within the terms indicated above, upon expiry the services will be deactivated and the relative contents present will be deleted.

The Customer acknowledges and accepts that SWIZZONIC may in any case and at any time withdraw from this contract by giving written notice to the Customer to the e-mail address provided by the latter at the time of registration, with at least 30 days notice, subject to reimbursement pro-rata of the consideration paid in advance by the Customer in proportion to the contractual period not used due to the early withdrawal of SWIZZONIC .

Art. 10. Limitation of liability and indemnification
The software and material provided by the Website have the sole purpose of facilitating the fulfillment of legal obligations by Users. In particular, although the generation of documents with the Website takes place in a totally automatic way, every single model clause of which they are composed has been drawn up and is constantly reviewed by a team of qualified lawyers. However, it is clear that this is not a substitute for professional legal advice regarding the drafting of a privacy policy, a cookie policy or any other legal document or procedure. The Service is intended to provide Users with a starting point, equal to a highly sophisticated template form, and therefore cannot, unlike a lawyer, make any guarantees of compliance with applicable law. No content or service on the Website constitutes legal advice or gives rise to a mandate between attorney and client. Depending on the applicable law, further fulfilments may be required by Users to comply with the law.
European Users
Indemnity
The User undertakes to indemnify and hold the Owner and SWIZZONIC harmless, as well as their subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or claim – including, without limitation, legal fees and expenses – made by third parties due to or in connection with wrongful misconduct such as your use of or connection to the Service, your violation of these Terms, your violation of third party rights or laws by you, your affiliates, officers, agents, co-brand owners, partners and employees, to the extent required by law.
Limitation of liability for the User's activities on the Website
Unless otherwise specified and without prejudice to the applicable legal provisions on liability for product damage, any claim for damages against the Data Controller and/or SWIZZONIC (or any natural or legal person acting on their behalf) is excluded .
The foregoing does not limit the liability of the Data Controller and/or of SWIZZONIC for death, damage to the person or to physical or mental integrity, damage deriving from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and/ or to damages caused with willful misconduct or gross negligence, provided that the use of the Website by the User has been suitable and correct.
Unless the damages were caused with willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner and/or SWIZZONIC will only be liable to the extent of the damage typical for the type of contract and foreseeable at the time of the conclusion.
In particular, within the limits set out above, the Data Controller and SWIZZONIC assume no responsibility with regard to:
• any losses that are not the direct consequence of a violation of the Terms by the Owner and/or SWIZZONIC ;
• any lost earnings or other losses, even indirect, that the User may have suffered (such as, by way of example, commercial losses, loss of revenues, profits or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
• damages or losses deriving from interruptions or malfunctions of the Website due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner and/or SWIZZONIC, such as , by way of example , failures or interruptions of telephone or electricity lines, of the Internet connection and/or of other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of third party products, services or applications;
• Damage, prejudice or loss due to viruses or other malware contained in or connected to files downloadable from the Internet or via the Website. Users are responsible for adopting adequate security measures – such as antivirus – and firewalls to prevent any infection or attacks and to protect backup copies of all data and/or information exchanged or uploaded to the Website.
Notwithstanding the foregoing, the following limitations apply to all Users who are not acting as Consumers:
In the event of liability of the Account Holder and/or SWIZZONIC , the compensation due cannot exceed the total amount of the payments which have been, will be or could be contractually owed to SWIZZONIC by the User for a period of 12 months or for the entire term of the Agreement, whichever is shorter.
Australian users
Limitation of Liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or defense which you may have under the Competition and Consumer Act 2010 ( Cth ) or other similar state and territory laws and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, the liability of the Owner and/or SWIZZONIC towards the User, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded pursuant to these Terms and Conditions, is limited , at the Owner's and/or SWIZZONIC 's discretion , to a new provision of the services or to the payment of the cost for the repetition of their provision.
US users
Warranty Disclaimer
The Owner provides the Website "as is" and subject to availability. Use of the Service is at the User's own risk. To the maximum extent permitted by law, the Owner and SWIZZONIC expressly exclude conditions, covenants and guarantees of any kind - whether they are expressed, implied, statutory or otherwise, including, by way of example but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner and/or from SWIZZONIC or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, the Owner and SWIZZONIC as well as their subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterruptedly and securely, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk and the User is solely responsible for any damage to the computer system or mobile device or for loss of data resulting from such operation or from your use of the Service.
The Owner and SWIZZONIC do not guarantee, approve, ensure or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected via hyperlink. Furthermore, the Owner and SWIZZONIC do not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or malfunction with your browser, device and/or operating system. The Owner and SWIZZONIC cannot be held liable for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Owner and/or SWIZZONIC , as well as their subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for
• any indirect, intentional, collateral, particular, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to use of, or inability to use, the Service; And
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the User account or the information contained therein;
• any error, lack or inaccuracy in the contents;
• personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service;
• any unauthorized access to the Data Controller's and/or SWIZZONIC 's security servers and/or to any personal information stored therein
• any interruption or termination of transmissions to or from the Service;
• any bugs, viruses, trojans or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed , transmitted or otherwise made available through the Service; and/or
• the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and/or SWIZZONIC , as well as their subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost for an amount higher than that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner and/or SWIZZONIC had been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided by applicable law.
Indemnity
The User undertakes to defend, indemnify and hold the Owner and SWIZZONIC harmless, as well as their subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss , liability, burden or debt and expense, including, without limitation, attorneys' fees and expenses arising out of
• your use of or access to the Service, including any data or content transmitted or received by you;
• Your violation of these Terms, including, but not limited to, your violation of any representations or warranties set forth in these Terms;
• your violation of any third party right, including, but not limited to, any right relating to privacy or intellectual property;
• the User's violation of any applicable law, rule or regulation
• any content sent from the User's account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User's personal username and password or other security measures, if any;
• the willful conduct of the User; or
• violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law

COMMON PROVISIONS

Art. 11. No implicit waiver
Failure by the Owner and/or SWIZZONIC to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to any other right.

Art. 12. Interruption of the Service
To guarantee the best possible level of service, the Owner and/or SWIZZONIC reserve the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to the Users.
Within the limits of the law, the Owner and/or SWIZZONIC reserve the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner and/or SWIZZONIC , such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

Art. 13. Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit the Website or the Service in whole or in part without the Owner's prior written consent, expressed directly.

Article 14. Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of the Website.

Art. 15. Processing of personal data through the Website
Users acknowledge and accept that, by using the Services offered, they instruct the Website to process personal data on their behalf. This implies that, unless otherwise specified, personal data will be processed only to the extent and for the purposes agreed between the Users and the Owner.
The respective Data Processor Appointment Agreement (NRT) / Data Processing Agreement (DPA), available at the link https://www.iubenda.com/terms-and-conditions/18097248 relating to the processing of personal data of interested parties within the European Union therefore constitutes an integral and binding part of these Terms.
The respective Service Provider Addendum regarding the processing of personal information of consumers in California therefore forms an integral and binding part of these Terms.

Art. 16. Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to the Website are held exclusively by the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property.
All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with the Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property.

Art.17. Changes to Terms
The Owner and/or SWIZZONIC reserve the right to modify the Terms at any time. In this case, the Owner and/or SWIZZONIC will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not want to accept the changes, he must stop using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Data Controller and/or from SWIZZONIC .
Any modification of these Terms will be communicated in writing at least one month before becoming effective. If the Consumer does not accept the modified Terms, he will have the right to withdraw from the Agreement without suffering any prejudice and without any right to compensation within four months from the date on which the modifications of the Terms have become effective.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.

Art. 18. Assignment of the contract
The Owner and/or SWIZZONIC reserve the right to transfer, assign, dispose of, novate or contract individual or all of the rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Art. 19. Safeguard clause
Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
US users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User , SWIZZONIC and the Owner with reference to the regulated subject and prevail over any other communication, including any previous agreements, between the parties regarding the regulated subject.
These Terms will be enforced to the fullest extent permitted by law.
European users
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably.
In the event of non-agreement in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.

Art. 20. Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Art. 21. Jurisdiction
The exclusive jurisdiction to hear any dispute deriving from or in connection with the Terms belongs to the judge of the court of Florence.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
UK consumers
Consumers based in England and Wales can bring an action in relation to these Terms in the English and Welsh courts. Consumers based in Scotland can bring an action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring an action in relation to these Terms in the courts of Northern Ireland or England.
US users
Each party expressly waives any right to a trial by jury in any court of law in connection with any action or dispute.
Any claim under these Terms must be brought individually and no party must participate in a class action or other proceeding with or on behalf of another.

Art. 22. Post-contractual effectiveness
. Following any termination or expiration of this Agreement, provisions contained in these Terms will continue in effect and by their nature are intended to survive any termination or expiration of this Agreement, including, but not limited to the following:
• the granting of licenses by the User under these Terms lasts indefinitely;
• the User's indemnity obligation continues for a period of five years from the date of termination;
• the exclusions of liability and guarantees of and the agreements set out in the section relating to indemnification and limitations of liability last indefinitely.

Art. 23. Resolution of disputes
Consumer Dispute Resolution Platform
The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service agreements.
Therefore, every European consumer or consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here ( https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage ) .
Germany: Consumer dispute resolution procedure before a conciliation body
The Owner does not participate in alternative dispute resolution procedures with Consumers pursuant to the German Verbraucherstreitbeilegungsgesetz .
France: mediation
Within one year of sending the Owner a written complaint relating to a dispute arising from these Terms, the Consumer has the right to initiate a mediation procedure before:
• to an institution recognized by the French Government . The relevant list is accessible at the following address: https://www.economie.gouv.fr/mediation-conso/mediateurs-references.

Art. 24. Definitions and legal references
The Website (or this Application): The structure that allows the provision of the Service.
Agreement: Any legally binding or contractual relationship governed by the Terms.
Commercial User: Any User who does not meet the definition of Consumer.
European (or Europe) : Defines a User physically present or having its registered office in the European Union, regardless of nationality.
Owner (or We): Indicates the natural or legal person who provides the Website and/or offers the Service to Users.
Product: A good or service that can be purchased through the Website, such as tangible goods, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
Service: The service offered through the Website as described in the Terms and on the Website.
Terms: All the conditions applicable to the use of the Website and/or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most up-to-date version.
User (or You): Means any natural person who uses the Website.
Consumer: Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, trade, craft or profession.