Terms of Use

These terms of use (“Terms of Use”) apply to the websites owned by BIRRIFICIO SAN MICHELE s.r.l. (hereinafter the “Company”), published at www.birrasanmichele.it.

By using the website, you accept these Terms of Use. If you do not accept them, you must refrain from using the website. The Company reserves the right to change, amend, add or remove provisions of these Terms of Use at its discretion and at any time. You must review the Terms of Use periodically for changes. Your use of the website following publication of changes constitutes acceptance of those changes. Subject to compliance with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited right to access and use the website.

Additional terms and conditions for products and services

The purchase of products or provision of services is subject to additional applicable terms and conditions, which are incorporated into these Terms of Use. You agree to comply with those additional terms and conditions and declare, where required, that you have reached the legal age necessary to use and/or participate in those services or features.

The Company’s obligations regarding its products and services are governed exclusively by the contracts under which those products and services are supplied. Nothing on this website may be construed as amending those contracts. The Company reserves the right to change any product or service mentioned on the website and the related prices at any time without notice. Material concerning products or services published on the website may include outdated information; the Company is not obliged to correct that material and accepts no responsibility for it.

Website content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other materials (collectively, “Content”) on the website, including without limitation the design, structure, selection, coordination, expression, appearance and arrangement of that Content, are owned, controlled or licensed by the Company and are protected by copyright, patent, distinctive-sign and trademark laws, intellectual property laws and unfair competition rules.

No part of the website or its Content may therefore be copied, reproduced, published, uploaded, publicly displayed, encoded, translated, transmitted or distributed to any computer, server, website or other medium intended for publication, distribution or any commercial purpose without the Company’s prior written consent. You may use information intentionally made available by the Company provided that you do not copy or publish it on any networked computer or transmit it by any means, do not alter it in any way, and do not make any additional representations or warranties concerning those documents or that information.

Your use of the website

You may not use automatic techniques, devices, programs, methodologies or algorithms, or manual processes, to access, acquire, copy or monitor any part of the website or Content. You may not reproduce or circumvent the navigational structure or presentation of the website or Content in any way to obtain or attempt to obtain materials, documents or information through means not intentionally made available on the website. In such cases the Company reserves the right to block those unlawful activities.

You must not attempt to gain unauthorised access to any part or feature of the website, other systems or networks connected to the website or any Company server, or services offered on or through the website, by hacking, password interception or any other unlawful means.

You agree not to take actions imposing an unreasonable or disproportionate load on the website infrastructure, the Company’s systems or networks, or systems or networks connected to the website or Company. You may not probe, scan or test the vulnerability of the website or any connected network, or breach its security or authentication measures. You may not trace or attempt to trace the origin of information concerning any user or visitor of the website or any Company customer, including Company accounts belonging to third parties.

You agree not to use any device or software to interfere or attempt to interfere with the proper operation of the website, any transaction conducted on it, or any third party’s use of the website. You may not pretend to be or represent another person, or impersonate another individual or entity. You agree not to use the website or Content for activities prohibited by law or these Terms of Use, or to solicit unlawful activities or activities infringing the rights of the Company or others.

You are solely and personally responsible for use of the service and for any harmful consequences affecting the Company or third parties, under current Italian civil and criminal law and, where applicable, foreign law.

You undertake to:

a) not interfere with, destabilise or interrupt the service or connected servers or networks, or act contrary to any service requirement, procedure or rule;
b) not use the service for unlawful purposes or purposes contrary to public policy, decency or morality;
c) not use the service to transmit or disseminate, including through links, unlawful, pornographic, racist, privacy-infringing, obscene, vulgar (even if intended for an adult audience and featuring nudity or sexual acts), defamatory, slanderous or abusive material, or send private information about a person without their consent, intentionally causing emotional distress;
d) not transmit material or messages encouraging others to engage in unlawful or criminal conduct giving rise to criminal or civil liability;
e) comply, and ensure that anyone using the service complies, with all network regulations, directives and procedures connected with the service;
f) not create headers or otherwise manipulate distinctive signs or indications to falsify the origin of service content or the service itself;
g) not use or disseminate service content that infringes patents, trademarks, secrets, copyrights or other industrial or intellectual property rights of the provider or third parties;
h) not send commercial or promotional messages or engage in spam, chain letters or any other unauthorised solicitation of discussion groups, social forums or other forms of communication or gathering, including cross-posting or contacting users who have no relationship with the sender; in particular, not send unsolicited email advertising or mailbombing (numerous messages with no significant change in content to the same user), subscribe anyone to a mailing list without their permission, or attempt to access a secured computer without authorisation;
i) not spread viruses or any other technology intended to harm the website or its other users.
l) not disclose information about the systems and methods of accessing the service to third parties.

Using the service to contravene current Italian or foreign laws directly or indirectly is expressly prohibited. You may transfer information provided by the service to other computers solely for personal use and, in any event, within your own business organisation.

You acknowledge and agree that technical processing, transmission or dissemination of the service, including its content, may involve transmission or dissemination through other networks and may require the Company or its third-party suppliers to modify the service to conform or adapt it to technical specifications, network connection standards, or connection equipment and software. The Company reserves the right to terminate access to the website, including for an individual user, if it considers, at its sole discretion, that the website is being used contrary to the provisions above.

Accounts, passwords and security

Certain website services and features require an account with a UserID and password. You are exclusively responsible for the confidentiality of your account details, including your password, and for all activity originating from the account. You therefore remain solely responsible for all uses, whether authorised by you or not. You undertake to log out of your account at the end of each service session.

You are solely responsible for the security and appropriate use of all usernames and passwords assigned by the Company, including where applicable for updating, modifying and monitoring information published online. You must take all necessary measures to keep them secret, use them properly and prevent their disclosure to unauthorised persons.

You undertake not to transfer or disclose your personal UserID or password to third parties, directly or indirectly, and to notify the Company immediately upon becoming aware of any theft, loss, unauthorised use or other third-party security breach involving your UserID or password. You may nevertheless be held liable for damage caused to the Company or other website users or visitors through third-party use of your UserID, password or account. You may not use another user’s UserID, password or account without the lawful owner’s express permission and consent.

The Company will not be responsible for losses or damage arising from your failure to fulfil these obligations. You undertake to indemnify and hold the Company harmless against any claim, including damages claims, brought or arising directly or indirectly from such use or misuse of the service or account.

Privacy

The website is governed by the Company’s Privacy Policy, whose terms form an integral part of these Terms of Use. You acknowledge and agree that internet transmissions are never completely private or secure. You acknowledge that any data or message sent to the website could be read or intercepted by third parties, even where a special notice states that a particular transmission, such as credit card data, is encrypted.

Please read our Privacy and Cookie Policy.

The Company may disclose information about you, including your identity, if it determines that disclosure is necessary in connection with investigations or complaints concerning your use of the website, or to identify, contact or bring legal proceedings against persons who may intentionally or unintentionally harm or interfere with the rights or property rights of the Company or website visitors or users, including Company customers. The Company reserves the right to disclose any information at any time as necessary to comply with laws, regulations, legal proceedings or governmental requests. It may also disclose your information where it determines that applicable law requires or permits disclosure, including exchanges with other companies and organisations for fraud prevention.

The Company may retain transmissions or communications between you and the Company through the website or services offered on or through it. It may disclose that data if required by law or if it determines that retention or disclosure is reasonably necessary to comply with legal proceedings, enforce these Terms of Use, respond to claims that the content of a communication infringes third-party rights, or protect the rights, property rights or personal safety of the Company, its employees, website users or visitors, and the public.

General rules for use of the service

You undertake to hold the Company, its employees and consultants harmless against any harm, damage, liability, costs and expenses, including legal expenses, incurred by them, and to indemnify them against any third-party action, cause or claim arising from your acts or omissions or from your failure to meet your contractual obligations.

Exclusion and limitation of liability

The Company does not warrant that the website or its Content, services or features will be error-free or continuously available, that defects will be corrected, or that your use of the website will produce specific results. The website and its Content are provided “as is” and “as available”; all information on the website may change without notice.

The Company cannot guarantee that documents or other data downloaded from the website are free of viruses, contamination or destructive features. It excludes all express or implied warranties, including without limitation warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. It disclaims liability for third-party acts, omissions or conduct connected with your use of the website or any Company service.

You assume full responsibility for use of the website and linked websites. If you are dissatisfied with the website or its Content, your sole remedy is to stop using them. This limitation of liability is an integral part of the agreement between the parties and applies to all damage, liability and injury resulting from malfunction, error, omission, interruption, deletion, defect, operational or transmission delay, computer virus, communications-line failure, theft, destruction, or unauthorised access, alteration or use, whether caused by breach, fault, negligence or another cause.

If the service is interrupted for a reason attributable to you, you may not request reimbursement of any amount, even in part, on any grounds. Without prejudice to the preceding provisions, you acknowledge and agree that the Company may not be held liable, in contract or otherwise, to you or third parties for any direct or indirect damage, including lost profits, goodwill or data, even if it has been warned orally or in writing of the possibility of that damage.

By way of non-exhaustive example, the Company is not liable for damage connected with or arising from: a) use, misuse or inability to use the service attributable to you; b) the cost of substitute services for the purchased product or service; c) modification, suspension or interruption of the service; d) unauthorised access to or alteration of your transmissions or data, including economic loss arising from lost profits, use, data or other intangible assets.

In all cases, express or implied warranties are excluded to the extent permitted by current law, without excluding the Company’s liability for wilful misconduct or gross negligence. You expressly agree that the Company may not be held liable for omissions or errors in information used at your request to perform or provide the service. You indemnify and hold the Company harmless, in substantive and procedural terms, against all loss, damage, liability, costs and expenses, including legal expenses, arising from any breach of the preceding provisions of this article.

The Company’s liability on any grounds arising from this agreement or the provision of services, including any claim concerning defects, non-performance or failure of attempted remedial action, is limited to wilful misconduct or gross negligence and does not extend to damage that is an indirect, unforeseeable or otherwise abnormal consequence of a defect or non-performance, such as lost earnings, finance charges, business interruption costs, replacement equipment or service costs, or damage or expenses arising from third-party claims against you.

You expressly acknowledge that these limitations or exclusions of liability were agreed as essential conditions for providing the services and, beyond what is expressly agreed, waive without reservation further or different grounds or remedies. If, notwithstanding other provisions of these Terms of Use, the Company is held liable to you for damage or loss arising from or connected with use of the website or Content, its liability may not exceed the total amount you paid in subscription or usage charges for any service or feature during the three months preceding your initial complaint to the Company, excluding amounts paid to purchase products or services.

You expressly acknowledge and agree that use of the service and dissemination and storage of information obtained or supplied through it are entirely at your own risk, and that you alone are responsible for any damage to your computer or loss of data resulting from use of the service. You declare that you have reviewed the features of the chosen service.

You acknowledge and agree that the Company gives no express or implied warranty of merchantability, compatibility or fitness for your or a third party’s particular purpose, or that the service meets your requirements or needs. It gives no warranty regarding results obtainable from the service, software or hardware errors, or the reliability of information obtained through the service. The Company therefore cannot be held liable for direct or indirect damage arising from use or interruption of the service. It gives no warranty concerning products, materials, goods or services sold, purchased or otherwise obtained through the website or service, or following transactions carried out through it.

Suspension of the service

The Company reserves the right immediately and without prior notice to limit, suspend or terminate use or provision of the service, or temporarily or permanently disconnect your account, without reimbursement, indemnity or compensation and with subsequent deletion of the account, if it becomes aware or determines at its sole discretion that you have taken actions liable to cause problems or legal liability, or have breached or are breaching these Terms of Use or applicable legislation, including Legislative Decree No. 196/2003.

The Company also reserves the right immediately and without prior notice to limit, suspend or terminate use or provision of the service, access to the website or your account if it becomes aware or considers at its sole discretion that any of the following has occurred or is occurring:

a) use of the service creating danger or server instability liable to harm the Company;
b) abnormal traffic, or traffic preventing normal provision of the service to other customers;
c) notification by public authorities or third parties, or the Company’s own discovery, of unlawful, improper or non-compliant use contrary to national or international law or service netiquette;
d) use contrary to morality or public policy, intended to disturb public or private peace, offend or harm anyone directly or indirectly, or attempt to compromise the secrecy of private messages;
e) unauthorised third-party access to the website or hacker attacks;
f) ordinary or extraordinary maintenance of the website or IT systems, or force majeure.

The Company also reserves the right to delete unconfirmed accounts or accounts inactive for a long time. It will assess material considered “questionable” at its sole discretion and, after contacting you for clarification, decide whether to suspend the service.

In all cases, the Company reserves the right at any time without notice to modify, suspend or interrupt the operation of or access to the website or any part of it for any reason; modify the website or any part of it and associated rules or conditions; and interrupt its operation where needed for ordinary or extraordinary maintenance, error correction or other changes.

Force majeure

You acknowledge and agree that the Company may not be held liable to you or third parties for delay or failure to fulfil its obligations due to unforeseen events or force majeure, including without limitation public-authority actions, floods, fires, theft, explosions, accidents, strikes or lockouts even outside the Company, acts of war, embargoes, inability to transport, telecommunications suspensions or problems, lightning, equipment failures not attributable to the Company, interruption or overload of power supplies, failure or interruption of telephone or IT lines even where not attributable to their operator or concessionaire, and interruptions or suspensions not attributable to or outside the Company’s control, or arising from its third-party suppliers.

Indemnity

The Company, its employees, directors, agents and officers may not be held liable for damage you cause through breaches of these Terms of Use. You undertake to indemnify and fully hold harmless the Company, its affiliates or subsidiaries, representatives, employees and assistants against any civil or criminal liability arising from use of the website, even where caused by third parties through your account.

Applicable law and jurisdiction

All matters relating to access to or use of the website, including disputes, are governed by Italian law and subject exclusively to Italian jurisdiction, with the courts of Bologna having jurisdiction.

Miscellaneous

If any provision of these Terms of Use is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary and replaced by a valid provision best expressing the intention of these Terms of Use, so that they remain fully valid and enforceable.

These Terms of Use constitute the entire agreement between the parties concerning use of the website and replace all prior written or oral agreements on that subject. The Company’s failure to assert or enforce a provision does not waive that provision or its right to enforce these Terms of Use. No course of conduct between the Company and you or third parties may modify these Terms of Use.

Terms of Use — English