Procedures and regulations for using the website
DEFINITIONS:
“Company” is, Gallerie Commerciali Bennet SpA, the owner of the website.
“Website” is an ensemble of web pages i.e. a hypertext of documents accessible with a browser in the worldwide internet network published by the “Company.” Such a service is made up of information and other content supplied by Gallerie Commerciali Bennet SpA, as well as the controlling, controlled, linked, subsidary, affiliated and other companies.
“Agreement” : Procedures and regulations for using the website
“Consumer (s)” is or are those who visit the website via an internet connection.
“Retailer” is the owner and/or manager of a store and/or point of sale inside the shopping centre managed by the “Company” Gallerie Commerciali Bennet SpA.
General aspects :
The “Agreement” outlines and fixes the terms and conditions which the “Consumer” shall respect when using the “Website.” For the use of the “Website” it is presumed that the “Consumer” knows the terms and conditions outlined below. The “Consumer” using the “Website” must read and respect all the terms and conditions of the “Agreement” in question.
The “Consumer” has the right to use the “Website” personally and can’t transfer this right to others.
The “Consumer” will have to guarantee the secrecy of his or her password (if he or she has one)
The “Company” maintains the right to modify or eliminate any aspect of the “Website” regarding content, hours, availability and technical means necessary to access and use the services provided etc. It is implicit that the use of the “Website” by the “Consumer” constitutes and confirms the will of the “Consumer” to abide by these rules.
Modifications to terms and conditions
The “Company” has the right to change and modify terms and conditions outlined in this “Agreement” and to impose new and further conditions.
Such possible changes, cancellations and additions will be deemed effective immediately after the information is posted or otherwise made available.
Such information may be made public via a notice on the “Website.”
From the moment of appearing on the “Website” any access and use by the “Consumer” of the “Website” will be considered as acceptance of the mentioned modifications, cancellations or additions by the “Consumer.”
Electrical and electronic machines
The “Consumer” will have the responsibility to procure and maintain all the technical aspects necessary to access the “Website” (phone lines, computer etc.) and to see to the costs regarding obtainment and use of the same.
“Consumers’” behaviour
1. The “Website” can be used by the “Consumer” only for purposes permitted by law. Via the “Website” the “Consumer” cannot transmit or insert any sort of material that infringes the rights of others, that may be considered illegal, hostile, intimidating, offensive and defamatory, that infringes the rights of others regarding public or private life, that is vulgar, obscene, irreverent, inopportune, that incites crime, that causes civil or any other kind of illegal action and that contains any kind of advertising without the explicit written authorisation by the “Company.”
No behaviour which, according to the “Company” Gallerie Commerciali Bennet SpA, limits or impedes the capacity of other “Consumers” to draw benefit from the use of the “Website” will be allowed. The “Company” in any case is not responsible for information posted by the “Consumers.” The “Consumer” shall be held responsible for the content of information and texts sent to the “Company” (controlling, controlled, linked, subsidiaries, affiliates and other companies, representatives, employees and their associates) releasing it from any legal responsibility in case of any claims for damages or compensation or any costs deriving from claims by third parties for damages caused by the “Consumers.”
2. On the “Website” brands and registered or copyrighted material and other reserved information that may reserved are posted; the “Consumers” cannot exploit, download, distribute, change, transfer or sell any content of the “Website” unless explicitly authorised by the “Company.”
3. The “Consumers” cannot in any way post reserved or copyrighted material or brands without the explicit authorisation by the owner of the copyrighted or reserved material or brand. The responsibility to ensure the posted material is not protected lies with the “Consumers” as does legal responsibility in case of damages caused to third parties due to non-compliance to the rules mentioned above. The “Consumer,” therefore, having obtained the right to do so from the legitimate owners, is automatically giving to the “Company” and other “Consumers” (only for personal use) the right and permission in a lasting manner, irrevocably but not exclusively, to use, modify, make copies, publish, translate, distribute in its entirety or partially the material posted on
the “Website.”
The abovementioned is to the interest and benefit of the “Company,”its controlling, controlled, linked, subsidiaries, affiliates and their suppliers of internet content.
Guarantees and Responsibilities
1. The “Consumer” surfing the “Website” recognises and agrees that the use of the same takes place exclusively under his or her own responsibility. The “Company,” its controlling, controlled, linked, subsidiaries, affiliates and their suppliers of internet content and their employees shall not guarantee
that the use of the “Website” service shall be uninterrupted or not lack any kind of inaccuracy, there shall not be any guarantee that the use of the “Website” may not produce inaccuracy or unreliability of the content, of information, services or the products supplied through the “Website.”
2. The “Website” is offering a service supplied on the basis of the principle ‘previously known and accepted’ without any kind of guarantee excepting those that legally regulate this type of “Agreement.”
3. The “Consumer” accepts that the “Company” is completely exonerated from responsibility, damages, injury caused by faulty functioning, errors, oversight, cancellation, interruption, faults, slowing down, virus, badly functioning telephone lines or internet communication, theft, identity theft, destruction, unauthorised access, alteration and use of published documentation as well as illicit, negligent or any other kind of behaviour mentioned above are valid also if provoked by other “Consumers,” “Retailers,” suppliers or third parties.
4. In no case the “Company,” suppliers who have created and published the “Website” shall be held responsible for damages that may arise from the use of the “Website” or the inability when using the same. The “Consumers” are informed that the arrangement outlined in this “Agreement” is valid and applied for the entirety of the “Website”
5. The “Company” does not accept any responsibility for material created or published by third parties with which the “Website” has a ‘link.’ The “Consumer” who decides to visit a website linked with the “Website” of Gallerie Commerciali Bennet SpA, does it at his or her own risk, and accepts responsibility to take all necessary measures against viruses and any other destructive components. The links with other websites does not imply that the “Company” is promoting or has any association with the websites linked, and Gallerie Commerciali Bennet SpA shall accept no responsibility for the content and material placed at the disposal of the “Consumers” on such websites. The “Consumers” are advised to read the terms and conditions of the websites which may be accessed through the “Website” of Gallerie Commerciali Bennet SpA.
Control
The “Company” has the right but not the obligation to check the content the “Website,” including possible ads, articles and blogs to verify that they conform to what’s been outlined in this document and to the norms established by the “Company” and that it respects the laws and conditions in course in the country where the “Website” is based. The “Company” shall have the right, discretionally, to remove or review any material posted on the “Website.”
Compensation
The “Consumer” accepts to safeguard and compensate the “Company,” its controlling, controlled, linked, subsidiaries, affiliates, other companies and their employees regarding any complaint or expense that may be caused by inappropriate use of the “Website” by the “Consumer” or the use of his or her Account.
Ending business relations
Both the “Company” and the “Consumer” can put an end to this “Agreement” at any time, for instance the “Company” may do this in the case of the “Consumer” infringing the terms and conditions of the “Agreement” in question.
Registered brands
Gallerie Commerciali Bennet SpA has its own logo which is protected by law. All other brands and logos which appear on the “Website” belong to their respective owners.
Third party content on the “Website”
In case of information, statement, advice, opinions, services and offers posted on the “Website” by third parties, suppliers, “Retailers” and by any other “Consumer” using the “Website” these do not belong to the “Company” but to their author and/or distributor, the “Company” therefore operates as the distributor and not the producer of such content and has no direct control over it.
The “Company,” “Retailers,” suppliers of information services do not guarantee attention, precision, integrity and efficacy of any content nor its adequacy for any particular purpose. (See Guarantees and Responsibilities above). It is possible that in some cases the content of the “Website” represents opinions and evaluation of “Consumers,” “Retailers” and suppliers of information services not under contract with the “Company,” and is not responsible for the abovementioned content if it is not duly authorised by the same and in no case is it responsible for any damages caused to the “Consumer” by the information obtained from the “Website.”
Other indications
These conditions and all the rules that oversee the use of the “Website,” constitute the “Agreement” between the parties regarding the issue in question, and replace all the preceding agreements, written and oral, drawn between the parties regarding this issue.
This document shall be interpreted in accordance with Italian laws, independent of conflict with norms of other countries where the “Consumer” has residence.
The Foro di Milano, Italy, shall have exclusive jurisdiction and competence for any possible controversy etc in any way connected with this agreement.