URMET
CLOUD
TERMS OF SERVICE AND
PRIVACY POLICY
These
Contractual Terms regulate the relationship between
you (hereafter known as
User(s)) and
URMET S.p.A.,
VAT no. 06888290019, Via Bologna 188/C, 10154 Turin, Italy
(hereafter also URMET) and your use of the Cloud products,
services, software and websites of URMET (hereafter, the
Services). By using the Services, you agree to be bound by the
terms set out below.
The terms of this contract are those on the basis of which URMET
grants to Users access to the website. Where you do not intend to
accept one or more provisions of this document, please do not use
the Services.
1. REGISTRATION AND ACCOUNT
1.1. Users who accept the
terms and conditions set out in this document are allowed to
register an account in order to use the online Services and they
are required to provide some mandatory personal information and to
proceed with the respective checks required by the rules in
relation to communication in the various countries. Users agree
to:
1.1.1.
provide truthful, accurate, updated and complete information.
1.1.2.
promptly update the details provided making all necessary changes
in order to ensure the ongoing quality of the information
requested in point 1.1.1.
1.2. Users are fully and
solely liable for any breach of the foregoing.
1.3. In the case of a breach
of the foregoing, URMET will be entitled to terminate the contract
in accordance with Art. 1456 of the Italian Civil Code and, in any
case, to suspend the Services or part of them at its exclusive
discretion.
2. SECURITY
2.1. Users are solely liable
for the confidentiality of the passwords they use to access the
Services and will be liable for any activity performed using their
account, whether authorised or not by the Users. URMET accepts no
liability in this regard.
2.2. Users acknowledge that
they must use all appropriate caution in order to safeguard and
protect the transmission of data and files to URMET.
2.3. Users undertake to
communicate immediately to URMET any unauthorised use of their
account, password and any other security infringements. URMET
reserves the right to undertake all actions deemed necessary or
reasonable in order to ensure the security of the account and the
online Services, including, by way of example, closing the
account, changing the password or requesting further information
in order to authorise transactions with the account.
2.4. Similarly, URMET
undertakes to communicate to interested parties any infringements
that might compromise the security of Users' data.
3. SERVICES
3.1. URMET undertakes to use
ordinary diligence in providing the Services to Users and to
fulfil all obligations accepted by it under these terms.
3.2. In any case URMET
guarantees that the contents entered or stored by Users are
protected from unintentional damage or loss through appropriate
security measures; however, URMET reserves the right to remove
data not relevant to the provisions of these Contractual Terms.
3.3. Users undertake to
protect their data with appropriate and timely backups and with
other means so that no damages may in any case be claimed from
URMET except for wilful damage or demonstrated gross misconduct.
In any case, Users agree that, even in that case, only damage that
would have been inevitable despite the diligent conduct of the
User will be considered.
3.4. URMET may not be deemed
liable for losses or damages deriving from the following
circumstances:
3.4.1.
Intentional production or distribution by users of recorded images
or videos intercepted and their respective publication in
newspapers, magazines, flyers or other materials or by electronic
means.
3.4.2. Any
problems or illegal actions deriving from the distribution of
images recorded by the video camera without the user's consent.
4. CAPACITY OF THE USER AND COMPLIANCE WITH
RULES
4.1. The User declares and
warrants to be an adult and have capacity to act, based upon the
law, and to be in possession of the legal rights and therefore to
be able to enter into this Contract and comply with its terms.
4.2. The User undertakes to
respect every law or regulation in force and to use the Services
only for the purposes permitted by the applicable law in the
concrete case.
4.3. Where URMET reasonably
presumes a breach of those obligations, it is authorised herein,
at its sole discretion, to terminate the contract with the User in
accordance with Art. 1456 of the Italian Civil Code and, in any
case, immediately to suspend the Services for the User.
4.4. URMET is also authorised
herein to monitor the use of the Services in order to ascertain
any breaches and to adopt any appropriate measure to prevent any
further breaches or the continuance of the breach in place and, in
any case, in order to protect itself, other users or third parties
from any dangers. In the event of breaches or suspicion of
breaches, URMET is authorised to provide to the relevant
authorities any details known to it regarding the User and his/her
activities in using the Services.
4.5. The User is responsible
for any obligation deriving from contents sent to any person, with
or without authorisation, by way of the service or the device. The
User undertakes, also in the name of anyone using his/her service,
that all contents are compliant with the laws, rules and written
and electronic terms for use of the Website and the Services.
5. CONFIDENTIALITY
5.1. The URMET Website
contains proprietary and confidential information of URMET and its
suppliers, including technical documents, manuals, software, lists
of programmes, data file prints and other technical and marketing
information. The user undertakes not to alter, decompile,
disassemble, decode or modify those contents and agrees to
maintain the confidentiality of that information and only to use
it for the purpose of using the Website and the Services in
compliance with these Terms.
5.2. The User also undertakes
not to communicate to third parties any confidential information
of which he/she becomes aware as a consequence of or on the
occasion of the contract with URMET and use of the Services.
5.3. Unless otherwise
specified, the information provided by the user in the URMET
Website will be deemed not to be confidential and URMET will not
be obliged to avoid disclosing or using the same.
6. INTELLECTUAL PROPERTY
6.1. URMET authorises the
User to copy the materials published by URMET on the Website
solely for non-commercial purposes in support of the URMET
products and services. Any copies of those materials must include,
at the user's responsibility, all notices of copyright and other
proprietary information in a manner compliant with the original.
Any downloaded software products are regulated by the licence
conditions attached or otherwise specified.
6.2. The content, materials,
services, logos, trademarks and brands of the Website constitute
URMET's intellectual property and are protected by laws on
intellectual property, copyright and trademarks as well as by
international treaties.
6.3. With the exception of
anything expressly provided in this document, URMET does not grant
explicit or implicit rights over copyright, patents, trademarks or
other intellectual property in relation to the Website, services
or products, reserving any appropriate action to protect itself in
the case of an infringement.
7. EXCLUSIONS OF LIABILITY
7.1. The information on the
URMET website, along with the Service, is provided "as is". URMET
does not grant any explicit or implicit guarantee, by way of
example, guarantees of merchantability, appropriateness of
services or products for a particular purpose and guarantee of not
breaching the rights of others or any other implicit guarantees or
conditions deriving from the commercial use. In addition, URMET
does not guarantee that the Website and the Services are free from
errors, delays, interruptions or reductions of vocal quality.
7.2. The User declares to be
aware of the fact that, despite the appropriate encryption
technologies being adopted by URMET, the information may in any
case be intercepted during the exchange with URMET. For those
reasons URMET is unable to guarantee that the use of the Software,
the Website and the Services is completely secure. The User
therefore accepts all risks associated with unauthorised access to
his/her information during the transmission.
7.3. Neither URMET nor its
representatives or collaborators, under any guise, may be deemed
liable for unauthorised access to URMET's transmission structures
or those of the User or for unauthorised access or alteration,
theft or destruction of data files, programmes, procedures or
information by way of media, devices or other fraudulent methods,
irrespective of whether that damage is caused as a consequence of
negligence by URMET or its service providers.
7.4. The information and
descriptions relating to URMET's services or devices, if present,
provided by URMET or by collaborators are for informative purposes
and do not provide guarantees of any nature.
Although URMET makes every effort to provide accurate information
on the Website, URMET does not accept any liability in relation to
the accuracy of that information. URMET may change the cited
Services or programmes at any time without prior notice.
8. LIMITATION OF LIABILITY
8.1. In all cases in which
the law does not allow for the exclusion of liability for URMET,
the limitation of liability for URMET is expressly agreed; it will
therefore only be liable in the case of wilful damage or gross
misconduct, with the exclusion of any other liability.
8.2. In any case, liability
for URMET is excluded for indirect, possible and consequential
damages.
8.3. URMET's liability is
also excluded for any unauthorised accesses or modification of
data sent by Users.
8.4. In the case of loss,
alteration or modification of the access credentials to the user
profile, Users acknowledge and accept that URMET may not in any
way intervene in order to recover or restore those credentials,
which must be regenerated by repeating the procedure required by
the system.
9. OWNERSHIP OF FEEDBACK
URMET is happy to receive comments and feedback relating to
products, services and the Website. In relation to all information
and materials sent or published on the Website, including, by way
of example, comments, feedback, ideas, questions, projects,
suggestions, data and images ("Contributions"), users accept the
following:
9.1. the Contributions must
not contain confidential or proprietary information;
9.2. URMET is not bound to
explicit or implicit confidentiality obligations in relation to
the Contributions;
9.3. URMET is entitled to use
or disclose (or to choose not to use or disclose) those
Contributions for any purpose, in any way and on any media at
international level;
9.4. URMET may already have
considered or placed into development similar materials to those
of the Contributions;
9.5. the Contributions
automatically become the property of URMET which will have no
obligations in that regard towards Users;
9.6. Users are not entitled
to payment or reimbursements or any nature from URMET under any
circumstances.
10. PERSONAL DATA COLLECTION AND PROCESSING
10.1. URMET's privacy
information notice describes the methods of collection and
processing of the personal data of Web customers and visitors. The
privacy information notice, available at the following link:
http://www.urmet.com/en-us/Cookies-and-Privacy-policy,
which forms an integral and essential part of these Contractual
Terms, must be read carefully before providing any personal data
on the URMET Website.
10.2. The User's data, as a
consequence of use of the Cloud Computing Services, may be
retained or processed on servers located in non-EU countries;
however, the processing performed is always necessary for the
implementation of this Contract and the cloud service provider is
selected from those who guarantee appropriate security measures.
11. INDEMNITY
11.1. Users undertakes to
indemnify and hold harmless URMET and any other entity in any way
involved from any negative consequence deriving from their failure
to fulfil the obligations accepted under the Contract with URMET
and/or from any inappropriate or unlawful conduct in using the
Services, as well as in the case where that conduct is
attributable to third parties who have used Users' account.
11.2. URMET is not liable for
any breaches related to or deriving from, directly or indirectly,
use of the Website and the Services.
12. MISCELLANEOUS
12.1. These terms supersede
any previous agreement between the parties and regulate in full
the contractual relationship between URMET and the User. They may
be amended only by written deed signed by the parties. URMET,
however, may, from time to time, make changes to these terms that
it deems necessary and opportune and the current text will always
be present on the website at the address:
https://www.cloud.urmet.com/tool/disclaimer/
.
12.2. The changes will be
valid and effective between the parties after twenty days from
their publication on the website, without the need for specific
communication to Users, who accept responsibility for checking the
website frequently for any changes.
12.3. Any liability for URMET
is expressly excluded for causes of force majeure, therein also
including, merely by way of example, acts of cyber terrorism on
the network, along with any case of interruption of the power
supply or absence, even temporarily and for any reason, therein
including ordinary or extraordinary maintenance, of the broadband
connection or the ISP service or other components of the providers
of those services.
13. TERMINATION OF SERVICES
13.1. URMET reserves the
right to withdraw from the contract with the User at any time
without this involving any liability on its part or the onset of
any obligation upon it with respect to the User.
13.2. In any case, the
parties agree that URMET may suspend or interrupt or disconnect
the Services at any time.
13.3. URMET may in any case
terminate the contract pursuant to Art. 1456 of the Italian Civil
Code, in all cases of unlawful or inappropriate use of the
Services or breaches of any law or regulation, as well as, where
payment of a fee by the User for any reason has been agreed, that
fee or part of it is not paid promptly and the delay exceeds ten
days.
13.4. Where, in fact, URMET
decides to convert the Services from being free of charge to being
for a fee, Users will be notified of the new Terms of Services,
together with a prior notice period, at the end of which Users
will be disconnected and the Service terminated where they decide
not to enter into the new Terms of Service. The video camera will,
however, remain functional.
14. APPLICABLE LAW AND JURISDICTION
14.1. The law applicable to
any contract based upon these terms will be Italian law.
14.2. The court with
exclusive jurisdiction will be that of Turin.
END