Terms and Conditions of www.canalair.it

These Terms discipline

use of this Website and
any other Agreement or legal relationship with the Controller

in a binding manner. Expressions with a capital initial are defined in the relevant section of this document.

The User is kindly requested to read this document carefully.

No provision of these Terms shall give rise to relationship of employee, agency or association between the parties concerned.

The person responsible for this Website is the:

Name: Canalair Service Srl
Address: Via Prealpina Orobica, 64, 24028 Ponte Nossa BG
VAT No./Tax Code: 02815900168
Controller’s email address: info@canalair.it

“This Website” refers to

this site, including the relevant sub-domains and any other site through which the Controller offers the Service;
applications for mobile, tablet or similar devices;

To know at a glance

Use of this Service/this Website is reserved for Users only who act as Consumers, such as Commercial Users.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section have a general validity.

Further terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Website, the User declares to meet the following requirements:

The user does not act as a Consumer;

Contents on this Website

Unless otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Controller or its licensors

The Controller takes utmost care that the content available on this Website does not infringe applicable legislation or third-party rights. However, this cannot always be achieved.

In such cases, without prejudice to the rights and claims legally exercisable, Users are requested to send the related complaints to the contact details specified in this document.

This internet site can contain connections to external web resources. These connections are offered to help the visitor find external resources deemed relevant. The user is responsible for deciding to continue following these links.

When the visitor follows these links they can appear both inside and outside the graphic frame of the site. When an external website appears within the graphic framework of the site, this is due to the desire to make browsing easier and better and does not indicate any acceptance or responsibility of CANALAIR with regard to the visible external resources. CANALAIR is therefore not liable and does not grant or participate in any warranty, condition or term in relation to the content, products, proposals, graphics and/or statements that may be published on these external websites.

All information or advice published on this website must be considered generic in nature, and the visitor must not rely on it to make any decision. CANALAIR tries to ensure that all the information contained in this website is correct at the time of its insertion, but does not in any way guarantee the accuracy of this information. CANALAIR is not responsible for any decision that the visitor may have taken as a result of the information contained on this website or for any damage or negative consequences that may arise to the visitor as a result of this.

Disclaimer blog

The blog contained in the website does not represent a newspaper as it is updated without any periodicity. It cannot therefore be considered an editorial product within the meaning of Law No. 62 of 7.03.2001. All technical data, information, tutorials and instructions described in this blog are purely for illustration and academic purposes. CANALAIR declines any liability for damage to property or persons arising from the application and/or use and/or publication of information or instructions learned from this blog.

Rights of content on this Website

The Controller expressly holds and reserves all intellectual property rights to the aforementioned contents.

Users are not authorised to use the content in any way that is not necessary or implied in the correct use of the Service.

In particular, but without exclusions, Users are forbidden to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licences, transform, transfer/dispose of to third parties or create deriving works from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorised to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Controller.

The limitations and exclusions provided by copyright law remain unaffected.

The images published are, at times, taken from Internet and therefore assessed as being of public domain and property of CANALAIR. Should their use infringe copyright, please inform info@CANALAIR.it to ensure their prompt removal.

Any documents that may be attached to pages of the website are all in the public domain through web search and, in case they bear trademarks or distinctive marks of third parties, this does not imply any connection between CANALAIR and these third parties and their distinctive signs. Of course they are, and remain, the property of third parties. The documents are attached for the sole purpose of improving site browsing and state the reference sources of certain pages or sections. If their use is not authorised by the authors and/or owners and in the event of infringement, please inform info@CANALAIR.it to ensure their prompt removal.

This also applies to articles and videos on the web, possibly reported and/or mentioned.

Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and agree that the Controller has no control over these resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights on content, are determined by the same third parties and governed by the relevant terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and under applicable law.

It is the User’s exclusive responsibility to ensure that the use of this Website and/or the Service does not infringe the law, regulations or rights of third parties.

Therefore, the Controller reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, to terminate contracts, to denounce any activity carried out through this Website or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever there is a suspicion that the User is in breach of law, regulations, rights of third parties and/or the Terms, in particular, but without exclusions, implementing one of the following activities:

Rules of conduct

pretending to meet any requirement of access to this Website or use of the Service, such as the age of majority or the status of the Consumer;
hide your identity, use the identity of others or pretend to act in the name of a third party, if not authorised by that third party;
alter identifiers to hide or camouflage the origin of your messages or published content
ddefame, threaten, abuse, use intimidation, threaten or violate the rights of third parties in any other way;
promote activities that may endanger your or any other User’s life or cause physical harm. Included in this category, but without any exclusion, the threat of or incitement to suicide, the exaltation of intentional physical trauma, the use of illegal drugs, the abuse of alcohol. The publication of contents that promote, exalt or illustrate self-destructive or violent attitudes on this Website is not tolerated in any case;
analyse or test the vulnerability of this Website, the services and networks linked to the Website, violate the security or authentication procedures on this Website, the services and networks linked to this Website;
install, integrate, upload or otherwise embed malware in or through this Website;
use this Website or its technological infrastructure in an abusive, excessive or otherwise inappropriate manner (for example: for the purpose of spam);
attempt to disrupt or tamper with the technological infrastructure in such a way as to cause excessive damage or burden to this Website or the Service;

Excessive use of the Service

use the resources of this website excessively compared to other users of this website – in this case, the Controller reserves the additional right to suspend the user’s account or limit his/her activity until he/she ceases the excessive use, at the Controller’s discretion.

Scraping

implement automated processes of extraction, collection or collection of information, data and/or content from this Website and all related digital extensions, if not expressly authorised by the Controller;

Content rules

disseminate or publish illegal, obscene, unlawful, defamatory or inappropriate content;
publish content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence;
disseminate or publish false or potentially alarming content;
use this Website to publish, disseminate or otherwise offer content protected by intellectual property law, including, but not limited to, patents, trademarks and copyright, without the permission of the rightholder;
use this Website to publish, 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;
publish content or perform activities that disrupt, disrupt, damage or otherwise violate the integrity of this Website or other Users’ devices. These activities include: spamming, illegal advertising, phishing, fraud against third parties, the spread of malware or viruses, etc.;

User Protection

misuse another User’s account;
collect or extract personal information and identifiers of other Users, including, without exclusion, email addresses or contact details, violating the confidentiality settings of other Users’ accounts on this Website or in any other way;
use information relating to other Users, such as personal or contact data, for purposes other than those of this Website;

Forbidden commercial use

open an account or use this Website to promote, sell or advertise products or services of any kind in any way;
pretend or imply in any way to have a relationship with this Website, to enjoy the support of this Website or that this Website supports the products or services of the User or a third party for any purpose;

Limitation of liability and indemnification

European users

Indemnity

The User undertakes to indemnify the Controller and its subjects, affiliates, officials, agents, joint proprietors of the trademark, partners and employees of any claim or demand – including, without limitation, legal fees and charges – incurred by third parties as a result of or in connection with negligent conduct such as use or connection to the service, violation of these Terms, violation of third-party rights or laws by the User, its affiliates, officials, agents, joint trademark owners, partners and employees, as far as the law is concerned.

Limitation of liability for the User’s activities on this Website

Unless otherwise specified and without prejudice to the applicable legal provisions on product liability, any claim for compensation against the Controller (or any natural or legal person acting on its behalf) is excluded.

The aforementioned does not limit the liability of the Controller for death, damage to the person or physical or mental integrity, damage resulting from the breach of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and/or damage caused by intent or gross negligence, provided that the use of this Website by the User has been appropriate and correct.

Unless the damage was caused by intent or gross negligence or affect the life and/or personal, physical or mental integrity, the Controller shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits set out above, the Controller assumes no liability with regard to:

any lost profit or other losses, even indirect, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenue, anticipated profits or savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);

damage or loss resulting from interruptions or malfunctions of this Website due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and outside the control of the Controller, such as, by way of example, failure or interruption of telephone or power lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, computer viruses and attacks, interruptions in the supply of third-party products, services or applications;

any loss that is not a direct consequence of a breach of the Terms by the Controller;

In case of liability of the Controller, the compensation due may not exceed the total amount of payments that have been, will be or may be contractually due to the Controller by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.

Australian users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and which constitutes a right which cannot in any way be excluded, limited or modified (non-excusable right). To the fullest extent permitted by law, our liability to the User, including liability for breach of a non-excusable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Controller, to a new provision of services or the payment of the cost for the repetition of their provision.

USA users

Exclusions from warranty

This Website is provided strictly in the state in which it is located and according to availability. Use of the Service is at the User’s own risk. To the extent permitted by law, the Controller expressly excludes any conditions, agreements and guarantees of any kind – whether expressed, implied, statutory or otherwise, including, 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 Controller or through the Service will create guarantees not expressly provided for in this document

Without prejudice to the above, the Controller and subordinates, affiliates, officials, 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, in an uninterrupted and safe manner, at any particular time or place; 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 risk and danger of the User and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation or the use of the Service by the User.

The Controller does not guarantee, endorse, insure or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service linked via hyperlink. In addition, the Controller does not take part in or in any way monitors any transaction between Users and third-party suppliers of products or services.

The Service may become inaccessible or not work properly with your browser, device and/or operating system. The Controller cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.

Federal laws, certain states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may enjoy additional rights that 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 maximum extent permitted by applicable law, in no case may the Controller and subjects, affiliates, officials, agents, joint proprietors of the trademark, partners, suppliers and employees be held liable for

any indirect, intentional, incidental, particular, consequential or exemplary damage, including, but not limited to, damage resulting from loss of profits, goodwill, use, data or other intangible loss, arising from or relating to use, or the inability to use the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or User account or the information contained therein;
any errors, omissions or inaccuracies in the contents;

personal injury or material damage, of any nature, arising from access to or use of the Service by the User;

any unauthorised access to the Controller’s security servers and/or to any personal information stored there

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 error or omission 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 case may the Controller and subjects, affiliates, officials, agents, joint proprietors of the brand, partners, suppliers and employees be held liable for any claim for compensation, procedure, liability, obligation, damage, loss or cost for an amount exceeding that paid by the User to the Controller during the previous 12 months, or for the period of duration in this Agreement between the Controller and Users, whichever of the two is shortest.

This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability results from contract, tort, negligence, objective liability or any other basis, even if the Controller had been advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms give you specific legal rights and you may enjoy other rights that vary from jurisdiction to jurisdiction. Any waivers, exclusions or limitations of liability under these Terms shall not apply beyond the limits of applicable law.

Indemnity

The User undertakes to defend, indemnify and hold harmless the Controller and subjects, affiliates, officials, agents, joint proprietors of the trademark, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, liability, charge or debt and expenses, including, without limitation, legal charges and costs arising from

the use or access to the Service by the User, including any data or content transmitted or received by the User;

breach of these Terms by the User, including, but not limited to, any breach by the User of any representations or warranties under these Terms;

infringement by the User of any third-party right, including, but not limited to, any right relating to privacy or intellectual property;

the violation by the User of any law, rule or regulation in force

any content sent by the User’s account, including, but not limited to, misleading information, false or inaccurate and also including the case in which the access is made by third parties with personal username and password of the User or other security measures, if any;

the malicious conduct of the User; or

breach of any legal disposition by the User or his/her affiliates, officials, agents, joint proprietors of the trademark, partners, suppliers and employees, to the extent permitted by applicable law

Common provisions

No implied waiver

Failure by the Controller to exercise any legal rights or claims arising from these Terms shall not constitute a waiver of such rights. No waiver may be considered final in relation to a specific right or any other right.

Interruption of the Service

To ensure the best possible level of service, the Controller reserves the right to discontinue the Service for maintenance purposes, system updates or for any other change, giving appropriate notice to Users.

Within the limits of the law, the Controller reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law.

In addition, the Service may not be available for reasons beyond the reasonable control of the Controller, such as causes of force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Controller, expressed directly or through a legitimate resale plan.

The information on the processing of Personal Data is contained in the privacy policy of this Website, which forms an integral and binding part of the Terms.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, Trademarks, patents and models related to this Website are exclusively owned by the Controller or its licensors and are protected under the international laws and treaties applicable to intellectual property.

All trademarks – name or figurative – and all other distinguishing marks, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Controller or its licensors and are protected in accordance with international law and treaties applicable to intellectual property.

Amendments to the Deadlines

The Controller reserves the right to change the Terms at any time. In this case, the Controller will inform the Users of the changes.

The changes will affect the relationship with the User only for the future.

Continued use of the Service implies acceptance of the updated Terms. If the User does not wish to accept the changes, he/she must cease using the Service. Failure to accept the updated Terms may result in each party being entitled to withdraw from the Agreement.

The previous applicable version continues to regulate the relationship until the User is accepted. This version can be requested from the Controller.

If required by applicable law, the Controller will specify the date by which the amendments to the Terms will enter into force.

Transfer of the contract

The Controller reserves the right to transfer, assign, dispose of, innovate or procure individual or all rights and obligations under these Terms, regarding the legitimate interests of the Users.

The provisions relating to the amendment of these Terms shall apply.

You are not authorised to assign or transfer your rights and obligations under the Terms without the written consent of the Controller.

Contacts

All communications relating to the use of this Website must be sent to the addresses indicated in this document.

Safeguard clause

If any of the provisions of these Terms become null and void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not result in the ineffectiveness of the remaining provisions, which shall therefore remain valid and effective.

European users

Should any provision of these Terms be null and void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective provision as a substitute for that void, invalid or ineffective.

In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.

Notwithstanding the aforementioned, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the entire Agreement null and void, invalid or ineffective within the framework of the Agreement, unless they are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would place an excessive and unacceptable burden on one of the parties.

USA users

Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.

These Terms constitute the entire agreement between the User and the Controller with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.

These Terms will be implemented to the fullest extent permitted by law.

Applicable legislation

The Terms are governed by the law of the place where the Controller is established, as indicated in the relevant section of this document regardless of the conflict rules.

Exception for European Consumers

However, regardless of the above, 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.

Jurisdiction

The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the judicial authority of the following country: Court of Monza Lombardy Italy.

Exception for European Consumers

This does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

USA users

UK consumers

Consumers established in England and Wales may bring an action in respect of these Terms in the English and Welsh courts. Consumers established in Scotland may bring an action in respect of these Terms in the Scottish or English courts. Consumers established in Northern Ireland may bring an action in respect of these Terms in the courts of Northern Ireland or England.

USA users

Each Party expressly waives any right to a trial before a jury, in any court, in connection with any action or dispute.

Any claim under these Terms shall be made individually and no party shall participate in any class action or other proceedings together with or on behalf of any other party.