Conditions of use
The following conditions of use (“Conditions of use”) apply to the web sites owned by BIRRIFICIO SAN MICHELE S.R.L. (hereinafter called Company), published at the address www.birrasanmichele.it.
By using the site, you agree to be bound to these conditions of use; if you do not agree, please do not use the site.
The Company may modify, change, add or delete any clause of these Conditions of use without notice and at any time. You are therefore advised to keep up to date with any changes by regularly reviewing these Conditions of use. If you use the site after the publication of modifications, you will accept those modifications The Company grants you the personal, non-exclusive, non-transferable and restricted right to access the site and to use it, in accordance to these Conditions of use.
Further terms and conditions for products and services
The purchasing of products or the supply of services entails that further terms and conditions will be applied. They should be considered integrated with these Conditions of use.
You agree to be bound to these further additional terms and conditions and you also declare, when asked, to be of the age of legal majority, necessary to use and/or take part to these services or features.
The Company’s obligations with relation to our products and services are carried out solely by the contracts through which these products and services are supplied, and any part of this Website can not be interpreted such as a modification of the aforesaid contracts.
The Company has the right to modify any product or service mentioned on the site, as well as the prices of products and services, at any time and without notice.
The material about products or services published on the site may include out of date information; the Company has no obligation to correct this material and has no responsibility.
All materials, such as text, graphics, user interface, visual interface, photographs, trademarks, logos, audio, music, illustrations and computer code or other materials (collectively, “Contents”) on this site, including without limitation the design, structure, selection, coordination, expression, appearance and arrangement of these Contents, are owned, controlled or licensed by the Company and are protected by copyright laws, patents, trade dress and trademarks as well as by intellectual property rights and by unfair competition laws.
Therefore you are not permitted to copy, reproduce, publish, upload, publicly display, codify, translate, transmit or distribute any part of the site and of its Contents on any computer, server, website or any other mean used for the publication, the distribution or any other trading purpose without the prior written consent of the Company.
You may use the information intentionally made available by the Company, provided that you will not copy or publish the information on any computer connected to the net or transmit it with any mean, provided also that you do not modify in any way the information and you do not make any declaration or give any additional warranty about this information.
Use of the website and user conduct
You are prohibited from using techniques, tools, software, automatic mechanisms or algorithms, nor manual processes to access, obtain, copy or monitor any part of the site or of the Contents; you are also prohibited from reproducing or bypass in any way the navigation structure or the presentation of the site or of the Contents to obtain or try to obtain materials, documents or information with means that were not made available on the site.
In these cases the Company will stop these unlawful activities.
You must not attempt to gain unauthorised access to any part or functionality of the site, other systems or nets linked to the site or to any Company’s server, as well as to the services provided on or through the site, through hacking techniques, unauthorised use of passwords or any other unlawful mean.
You agree not to take any action that imposes an unreasonable or disproportionately large load on the site’s infrastructure of the systems and the nets of the Company or of the systems and nets linked to the site or to the Company.
You are prohibited from attempting to probe, scan or test the vulnerability of the site or of any network linked to the site, as well as to breach security or authentication measures. You are also prohibited from tracing or trying to trace the origin of information about any user or visitor of the site or any customer of the Company, included the Company accounts that are owned by third parties.
You agree not to use any kind of device or software to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the Web Site, as well as with the use of the site by third parties.
you are prohibited from providing false or misleading information about yourself or your business, or create a false identity.
You agree to not use the site or the Contents of the site to carry out unlawful activities or activities prohibited by these Conditions of use, as well as to do not incite the execution of unlawful activities or activities the violate the rights of the Company or of others.
You are solely responsible for using the service and for any legal consequences that will fall on the Company and on third parties, in reference to the Italian civil and penal law, and, when enforceable, in reference to the foreign law.
You agree not to:
interfere, destabilize or interrupt the service, the server or the networks linked to the service, act in contrast with any requirement, procedure or rule of the service;
Use the service for unlawful purposes, that is against the public order, public decency and morals;
use the site to transmit or spread (also through links) unlawful material, pornographic, racist, prejudicial to privacy and/or obscene, vulgar ( even if directed to an adult public and characterised by nudity and sexual acts) defamatory, slanderous, abusive material or send private information about third person without his/her consent, inflicting emotional stress on purpose;
transmit material and/or messages that encourage unlawful behaviour of third parties, that can be liable of criminal or civil responsibility;
Observe, and be sure that other persons using the service observe, all the regulations, directives and network procedures linked to this service;
Create headings or manipulate in other ways trade dresses of indications with the purpose to fake the origin of a content of the service or the very service;
Use or spread the content of the service that involves violating patents trademarks, secrets, copyrights or other industrial property and/or intellectual property rights of the provider or of third parties;
Send advertisements and/or promotional materials, that constitute spam, chain letters, as well as any other unauthorised solicitation to discussion groups, social forums and any other communication/aggregation form, also cross posting and/or send messages to users’ addresses that do not have any relationship with the sender; in particular, you agree to not send advertisements by email or mail bombing, register someone to a mailing list without his/her consents, attempt to access a computer protected by a security system without the authorisation;
Spread virus or any other technology with the purpose to damage the site or the other user of the site;
Disclosure to thirds information about the systems and modalities to access the service.
In any case it is prohibited to use the service to directly and/or indirectly infringe the Italian law or the law of a foreign Country.
You can transmit information obtained by the service to other computer solely for personal usage and anyway within your company structure.
You agree that the technical treatment, the transmission or the diffusion of the service, included its contents, might include the transmission or the diffusion of the contents through other networks and therefore the necessity for the Company or for its providers to modify the service in order to conform or adapt it to the specification, the link standards of their networks, that is to the equipments and to the connection software.
The Company reserves the right to interrupt the access to the website, also of one single user, if it appears in our sole judgement that the uses the site by violating the points above described.
Account, password and security
The site provides some services and functionality that require a compulsory registration with an User ID and a password. You are the sole responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account and therefore, you are the sole responsible for all the uses, authorised or unauthorised by you. You agree to log off from your account at the end of each usage session of the service.
You are the sole responsible for the security of the username and passwords assigned by the Company, and in case also for the updating, the modification and the monitoring of the information diffused online. Therefore it is you responsibility to adopt all the necessary measures to assure that it is kept secret, properly used and not disclosed to unauthorised subjects.
You agree no to give or disclose (directly or indirectly) to third parties both the UserID and the password and you agree to inform immediately the Company about any theft and/or loss and/or unauthorised use or any other violation to the security of your User ID and password done by third parties as soon as you become aware of it.
However, you might be considered responsible for any damages done to the Company or to other users or visitors of the Site if your User ID, password or account is used by third parties.
It is not permitted to use the user ID, the password or the account of another user without his/her explicit consent.
Therefore, the Company will not be held responsible for any losses or injuries in case of failure to comply to these obligations and you agree to indemnify and hold harmless the Company from any request, even of any claim for damages proposed and/or deriving from, directly or indirectly, the use or abuse of the above-mentioned service and/or account.
You take note and agree that the transmission via Internet are never completely confidential or secure. You recognize that any data or message sent to the Site might be read or intercepted by third parties, even if there is a special notice indicating that a specific transmission (for example the sending of your credit card data) is codified.
The Privacy police document is available at the following web address. www birrasanmichele.it/privacy-data-processing-uk.html
The Company has the right to disclose the user’s information (included your identity) when it considers that this disclosure is necessary because of any investigation or complaint about the user's use of the site, or to identify, contact or initiate proceedings against people that can injure or interfere (intentionally or not) with the property rights of the Company or with the rights of the visitors of users of the site, included the Company’s customers. The Company reserves the right to disclose at any time any information that is considered necessary to fulfil the law, regulations, legal actions or government requests. The Company could also disclose the user’s information in case it is determined that the law in force demands or permits this disclosure, included the information exchange with other companies or organizations with the purpose to have protection from frauds.
The Company has the right to keep any transmission or communication existing between the user and the Company through the site or any service provided on or by the site, and has the further right to disclose these data if it is requested by the law or if it determines that this keeping or disclosure is reasonably necessary to respect legal processes, exercise these Conditions of use, answer to the claim that the contents of any communication violate the rights of third parties or to protect the rights, the property rights or the personal security of the Company, its employees, the users or the visitors of the site and the public.
General rules for the correct use of the service
You agree to indemnify the Company and its employees and consultants, from any prejudice and damages suffered, from any responsibility, costs, expenses (included legal expenses), as well as to hold them harmless from any action, reason, claim made by third parties caused by behaviours or omissions ascribable to you, or that are a consequence of the non-fulfilment of all the obligations coming from the contract regulation.
Cookies and navigation data
Visit the Privacy page (www.birrasanmichele.it/privacy.html) at the section Cookies or visit the specific page for the managing of cookies www.birrasanmichele.it/cookie.html
Disclaimer of Warranties; Limitations of Liability
The Company does not guarantee that the site or its contents, services or functionalities are fault-free and they may not always be available, neither it guaranties that any faults will be corrected or that using the site you will have specific results
The site and its contents are provided “AS IS” and as available; all the information on the site is subject to modification without notice.
The Company does not guarantees that any documents or other data downloaded from the site are free from virus or contaminations or destructive characteristics. The Company makes no representation of warranties of any kind, express or implied, included, but not limited to, warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
In no event will the Company be liable to any part for any act, omission or behaviour of third parties linked or regarding the site and/or any service provided by the Company on behalf of the user.
You agree to take charge of any responsibility deriving from the use of the site or linked sites. If you are not fulfilled with the site or its contents, the only remedy will be the termination of use of the site and its contents.
The above-mentioned limitation of liability is part of the contract between the parts and is applied to any damages, responsibilities and injuries deriving from the malfunctioning, mistake, omission, interruption, erasure, fault, delay in the functioning or transmission, virus, failure in the communication lines, theft, destruction or access, alteration or unauthorised utilisation, deriving from breach, fault, negligence or other cause.
in case of termination of the service due to your fault, you may not be able to claim to the Company any expense, neither partial, for any title or reason.
Being understood what said in the above mentioned articles, you agree that in no event will the Company be liable to you (or any third part) for any kind of direct or indirect damage, included any loss of income, loss of business or loss of data even if the Company has been advised of the possibility of such damages.
As a non-definite example, the Company will not be liable for damages linked to or deriving from:
a) the use, improper use or the impossibility to use the Service chargeable to the user;
b) The cost of substitute services for the product/service purchased;
c) any modification, suspension or termination of the service;
d) the unauthorised access or the alteration of the transmissions and/or the user’s data, included any damage, also economical, sustained by the user because of a failure of income, use, loss of data or of other inviolable elements.
In any case, are clearly excluded any express or implied warranties, insofar as they do not infringe the law in force and with the exception of responsibility caused by intentional wrongdoing or gross negligence on part of the Company.
You expressly agree that in no event the Company will be liable for omission or mistakes that might be present in the information used at your request for the performance or realization of the service.
You indemnify and hold harmless the Company from any loss, damage, responsibility, costs and expenses, included also legal costs, deriving from your violating of any of the points in this article.
The Company will be liable for any title deriving from this contract or from the services provided, included any action for faults, non-fulfilment or failure in the mender action, for the sole intentional wrongdoing or gross negligence, for example, loss profits, financial burdens, costs for the termination of the activity, costs for substitute equipments or services, damages or costs arising from claims by third parties against the user.
You expressly agree the these limitations of liabilities mentioned in these conditions of use are essential conditions for the providing of the services and, outside of what agreed, you renounce, without reserve, to further or different reason or mender actions.
In the case that, independently of the other provisions of these Conditions of use, the Company is considered responsible against the user of any damage or loss arising from or linked to the use of the site and its contents, the Company responsibility in no event will be higher than the overall price paid by the user as registration or cost for using any service or functionality during the three months before the date of the claim made against the Company (excluded the costs for the purchasing of products and services).
You expressly understand and agree that your use of the service and the diffusion and keeping of the information obtained or given through the service is at your sole risk and that you are the sole responsible for any damage to your computer or for the loss of data deriving from your use of the service.
You declare that you have looked over the characteristics of the chosen service.
You agree that the Company makes no representation of warranties, express or implied, of merchantability, suitability or fitness for a particular purpose of yours of third parties and, furthermore, does not guarantee that the service provided meets your requirements and needs.
You agree that the Company makes no representation of warranties for the results that may be obtained by using the service, about any software and hardware mistakes of the service or about the reliability of any information obtained through the service.
Therefore the Company will not be liable for any direct or indirect damage arising from the use of the service or from the interruption of the service functioning.
The Company makes no representation of warranties for products, materials, goods or services sold, purchased or obtained through this site or the service or as a consequence of any dealing made through the very service.
Termination of the Service
The Company reserves the right to limit, suspend or immediately terminate, at any time and without notice, the use and/or the providing of the service. The Company has the right to disconnect your account (temporarily or definitely) without any refund, compensation or indemnification and therefore to cancel your account, if the Company determines, at its sole judgement, that you have created problems, legal responsibilities or have infringed the terms of these conditions of use, as well as the law in force (included the Legislative Decree n. 196/2003).
The Company reserves also the right to limit, suspend and/or immediately terminate, at any time and without notice, the use and/or the providing of the service as well as the access to the site or your account if the Company determines, at its sole judgement, that one of these circumstances has been or is occurring:
a) an use of the service that causes a situation of danger or instability of the server which may cause damages to the Company;
b) an anomalous traffic that obstructs the normal providing of the service to other customers;
c) if the public authority or third subjects tell to the Company, or the Company itself determines an unlawful, improper use or not in compliance with the national and foreign laws as well as to the “netiquette” rules of the service;
d) if the Company determines an use against the moral and public decency or with the purpose to cause harassment to the public or private peace, to cause offense or direct or indirect damage to anyone and to attempt to intercept private messages.
e) third parties entering the web site without authorization, so called hacker attacks;
f)ordinary and/or extraordinary maintenance of the website or of the computer systems or because of force majeure.
The Company reserves also the right to cancel not confirmed accounts or accounts that have been inactive for long time.
The Company will also assess the material considered «suspect» at its sole judgement and, after a communication with the user for clarifications, will decide about the termination of the service.
In any case, the Company reserves the right to do the following action at any time and without notice: modify, suspend or terminate the functionalities or the access to the site or to parts of it for any reason; modify or change the site or part of it or any rules or conditions about the site and to terminate the site operating or of part of it if it is necessary for ordinary and extraordinary maintenance operations, to correct mistakes or make other modifications.
You agree that the Company in no event will be liable against you or third parties for the delay or the non-fulfilment of its obligations because of a fortuitous case of majeure force such as public authority actions, floods, fires, explosions, accidents, also non-company strikes and lockouts, acts of war, embargo, transport impossibility, suspensions or problems with communications, lightning, breakdown to the equipments not chargeable to the Company, energy flow interruptions or overloads, breakdowns or interruptions in the telephone and computer lines also not chargeable to the activity of the manager (or dealer) of the lines, as well as interruptions or suspensions not chargeable or independent from the will of the Company or from third parties suppliers of the Company itself.
The Company , its employees or administrators, agents and managers in no event will be liable for any damages caused by you and deriving from infringements to these Conditions of use.
You agree to indemnify and hold harmless the Company as well as the subjects linked to or controlled by the Company, its representatives, employees or auxiliaries from any civil or criminal responsibility arising from the use of the site, even if caused by third parties through your account.
Any issue about the access or use of the Site, included any dispute, will be governed by the Italian law and any dispute will be subject to the exclusive Italian jurisdiction, tribunal of Bologna.
If one or more provision of these Conditions of use is considered invalid or unenforceable, they will be limited or erased and substituted with a valid provision that will convey better the intentions of these Conditions of use, so that the remainder of these conditions will not be affected
These Conditions of use are the whole agreement between the parts about the use of the site and supersedes all the prior agreements whether in writing or oral in relation to this subject matter. Our failure to enforce or rely on any provision will not prevent us from later enforcing or relying upon these Conditions of use; furthermore, any arrangements between the Company and you or third parties will not modify the provisions of the Conditions of use.