General terms and conditions for the use of the Infomail service

1. PREAMBLE

These general conditions of use ( hereinafter "GENERAL CONDITIONS") govern the terms and conditions of use of the Mass Emailing Service called "Infomail" (hereinafter "SERVICE") that Hoplo s.r.l. (hereinafter "HOPLO") offers its users by linking to the Web Site www.infomail.it (hereinafter "Site"). The Site consists of several Web pages maintained by HOPLO. Contents, made available for viewing from the Site, are the property of HOPLO and/or its suppliers. The SERVICE is offered to the user on the condition that the user accepts these GENERAL CONDITIONS, without modification, and explicitly confirms such acceptance by clicking on the “ACCEPT” button during the activation of the service. In order to understand the terms contained in the GENERAL CONDITIONS, please refer to the definitions provided in the operational guide in Article 2 below.

2. CHARACTERISTICS OF THE SERVICE

The SERVICE allows the user, who is registered in the way indicated in the following article, to send e-mails and/or newsletters (hereinafter referred to as "MESSAGES") to e-mail addresses of subjects known to the same user (hereinafter referred to as "ADDRESS LISTS"). The user undertakes to send MESSAGES only to subjects from whom he has received explicit consent to the processing of his personal data and for the receipt of communications, pursuant to Art. 7 of the GDPR May 25, 2018. The features of the SERVICE and how to use it are contained within the operating guide (hereinafter "USER MANUAL"), available on the Site, which the user can read by connecting directly to the aforementioned Site. The SERVICE allows the user to generate MESSAGES, exclusively in accordance with the formats and templates on the Site, or to create new ones in the manner permitted by the SERVICE, which may be sent to the ADDRESS LISTS created by the user in the manner provided for in the USER MANUAL itself, having the possibility of verifying the outcome of transmission through the statistical data available on the Site. HOPLO reserves, for the future, the right to expand the range of services offered through the Site, undertaking, for this end, to inform all users, using adequate information tools (such as, by way of example, e-mail or advertisements), of new opportunities offered by HOPLO through the use of the SERVICE. HOPLO does not control the MESSAGES posted by users to ADDRESS LISTS, and is therefore, in no way, responsible for their content. User agree that HOPLO does not create, rent, and/or sell ADDRESS LISTS to users. The contents and materials of MESSAGES transmitted by the user to the ADDRESS LISTS may be subject to restrictions as to their use, reproduction, and/or dissemination. Compliance with these limitations is the sole responsibility of the user. The way in which MESSAGES are transmitted, including, in particular, the timing of sending them, is subject to the capacity and availability of the server that HOPLO uses to provide the SERVICE. The user agrees that HOPLO is not responsible for any delays in the transmission of MESSAGES.

3. USER ACCOUNT, USERNAME, PASSWORD AND SECURITY

This contract will conclude and be deemed to be finalized, upon acceptance by HOPLO, on the date specified in the proposal. A copy of the contract will be signed by HOPLO will be sent to the user. In order to use the SERVICE, it is necessary to be registered. In the case of the contract conclusion, HOPLO shall open an account directly referable to the user and shall communicate to the user, by means of an e-mail message sent to the e mail address indicated in the PROPOSAL, the personal security codes (username and password) by means of which the user can access the said account. The user warrants that he/she is at least 18 years of age, and warrants, as well, the truth and accuracy of all information transmitted (including, but not limited to, social security number) and agrees to pay the costs of the SERVICE according to the payment method chosen. The username and password are confidential; therefore, the user therefore undertakes to exercise maximum diligence in the safekeeping of the account username and password. Under no circumstances may the user communicate, transfer, or in any way make the username and password of his/her account available to third parties. The user must promptly change all information to keep the account current, complete, and accurate (e.g., changes in address, credit card number, or credit card expiration date). Changes to this information can be personally made by the user by logging on to the Site and accessing the dedicated section therein. In addition, such changes may be communicated to HOPLO by sending an e-mail to the address provided on the Site or by calling the number made available to users by HOPLO. Infomail declines all responsibility for the lack of diligence, prudence or inexperience on the part of the user in the safekeeping of the access credentials (username and password), or in the event of communication, transfer to third parties or even fraudulent removal of the same. In addition, all activities that are carried out under the user's account are entirely the responsibility of the user. The user agrees to notify HOPLO, immediately, of any unauthorized use of his/her account by a third party or any facts evidencing unauthorized use. In any case, HOPLO is not responsible for any damages caused by the use of the user's account by third parties, with or without the user's permission. User will also be held liable for any damages, losses, and otherwise harm suffered by HOPLO as a result of the use of User's account by another party. In the event of a violation by the user of the provision set forth in this Article 2, HOPLO may suspend and/or discontinue the provision of the SERVICE without entitling the user to any type of refund and without prejudice to the user's obligation to pay damages and expenses due to unauthorized use. Any disclosure by users of their account username and password may result in cancellation of their registration without the right to any refund and payment of any fees due to unauthorized use.

4. SERVICE ACTIVATION AND PAYMENT METHODS

The SERVICE is offered to the user subject to registration on the website and on the condition that payment is made at the dates determined according to the payment method chosen and the subscription. The costs and related conditions and payment terms of the SERVICE are contained in the attached form “COSTS OF THE SERVICE”. The SERVICE is valid for a period of 12 months from the signing of the contract. The costs of the SERVICE are net of VAT, unless otherwise specified.

5. MODIFICATION OF THE CONDITIONS OF USE

During the course of the contractual relationship, HOPLO reserves the right to unilaterally modify terms of use of the SERVICE, including, but not limited to, the fees associated with the use of the SERVICE. These changes will be effective with respect to the user as soon as they are communicated to the user by email, sent to the user's address, and by informational notices posted on the Site. User's continued use of the SERVICE constitutes acceptance by him/her of all new terms and conditions of use of the SERVICE. If the user disagrees with the changes made by HOPLO to the SERVICE, the user has the option to terminate his or her relationship with HOPLO in the manner set forth in Article 10 of the GENERAL CONDITIONS below.

6. USE OF THE SERVICE AND LIMITATIONS IN CASE OF ILLEGAL OR PROHIBITED USE

As a condition of user's use of the Site, user warrants to HOPLO that he/she will not use the Site for any purpose that is unlawful or prohibited by mandatory rules of law and otherwise by the GENERAL CONDITIONS. Furthermore, the user undertakes not to use the Website in such a way as to damage it, deactivate it, overload it or interfere with the use of the Website by other users. The user may not attempt to gain unauthorised access to the Website or other accounts through any type of computer piracy, password falsification, fraudulent or illegal recovery of third-party passwords or other means Furthermore, the user undertakes, when using the SERVICE, not to:
  • defame, abuse, perjure, threaten, or otherwise violate the rights (such as privacy or advertising rights) of others;
  • disseminate topics, names, materials or information that incite discrimination, hatred or violence against a person or group because they belong to a particular race, religion or nation, or are offensive to victims of crimes against humanity, including by questioning the existence of such crimes;
  • use materials or information, including images or photographs, made available through the Website in a manner that infringes upon rights regarding copyright, trademarks, patents, trade secrets or other proprietary rights of the parties;
  • upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, but not limited to, copyright or trademark laws (or by rights of privacy or publicity), unless the user owns or controls such rights or has received all necessary permissions to do so;
  • Use materials or information, including images or photographs, made available through the Site in a manner that infringes on the parties' copyrights, trademarks, patents, trade secrets, or other proprietary rights;
  • share files that contain Trojan, worm viruses, time bomb viruses, cancelbots, altered files, or other similar software or programs that may damage the operation of other users’ computers, or allow access to the electronic devices of third parties in a way that is contrary to the law;
  • falsify or delete attributions to authors, communications of legal content, or other appropriate communications, or designations relating to intellectual property rights, or communications relating to the origin or source of software or other material contained in a file that is uploaded;
  • restrict or prevent the use of the SERVICE or the Website on the part of other users;
  • Violate applicable laws and regulations;
  • create a false identity in order to mislead others;
  • use, download or otherwise duplicate or provide (free of charge or for a fee) to a natural or legal person any list of users of the Website or information relating to another user or use, or parts thereof.
The above list is purely an example and does not have the character of being exhaustive. HOPLO reserves the right to terminate the user's access to the SERVICE, at any time, without notice and without the right to any reimbursement or compensation for the user. The user must, in any case, pay Hoplo the sums accrued up to the moment the contract is terminated.

7. EXCLUSION OF LIABILITY

INFORMATION AND DATA AVAILABLE THROUGH THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND THE INFORMATION AND DATA IT CONTAINS ARE SUBJECT TO CHANGE PERIODICALLY. HOPLO AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. IN THE EVENT OF TEMPORARY BLOCKING OF THE SITE AND/OR THE SERVICE FOR UPGRADES AND/OR MAINTENANCE OF THE SAME CARRIED OUT BY HOPLO AND/OR ITS SUPPLIERS, HOPLO ITSELF WILL PROMPTLY INFORM THE USER OF SUCH ACTIONS BY SENDING E-MAILS TO THE E-MAIL ADDRESS COMMUNICATED BY THE USER OR BY DISPLAYING SPECIFIC INFORMATION NOTICES ON THE SITE. INFORMATION, DATA AND MATERIALS, AND RELATED GRAPHICS, ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. USER SPECIFICALLY AGREES THAT HOPLO IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA, SUBMITTED OR UNSUBMITTED MATERIALS OR DATA. USER SPECIFICALLY AGREES THAT HOPLO IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT SUBMITTED USING THE SERVICE. HOPLO shall not be held liable for any breach of this contract due to force majeure, or unforeseeable circumstances, or events beyond its control, such as (merely by way of example) wars, riots, natural disasters, fires, strikes (including strikes in the company), interruption of electricity supply or in the supply of lines dedicated to the transport of data belonging to the system, or the temporary suspension or blocking of HOPLO’s activities ordered by supervisory or legal authorities. IF USERS ARE DISSATISFIED WITH ANY PART OF THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS, USERS SHALL HAVE THE SOLE AND EXCLUSIVE REMEDY OF WITHDRAWING FROM THE SERVICE.

8. LINKS TO THIRD-PARTY WEBSITES

he Website may also contain images and links to websites managed by third parties (“Linked Websites”). In tal caso HOPLO does not control the Linked Websites and is not responsible for their content, with reference, for example, to links contained in a Linked Website, or to changes and updates to a Linked Website. HOPLO is not responsible for the transmission of information via the Internet or any form of transmission of information sent by the Linked Websites, nor for the inappropriate operation of the Linked Websites. HOPLO provides these links to users merely as a convenience, and the inclusion of any link by HOPLO does not in any way imply endorsement by HOPLO of the Websites in question or any association with their operators. The user is required to read and comply with the privacy policy and the conditions of use of the Linked Websites. Any dealings or relationships with third parties (including advertisers) within the Website, or participation in promotional activities, and any other conditions, warranties or statements relating to such dealings or promotions, are solely between the user and the advertisers or other third parties. HOPLO is not responsible for any part of such dealings, relations or promotions.

9. STORAGE SPACE AND OTHER LIMITATIONS

The user acknowledges and agrees that HOPLO has the discretion to establish limitations regarding the use of the SERVICE, including, without limitation, the maximum amount of disk space allocated to the user on the server that HOPLO uses to offer the SERVICE. The user acknowledges and agrees that HOPLO has no liability in connection with the deletion, damage, or failure to store MESSAGES. The user acknowledges that functions, parameters (e.g., the amount of storage space available to users) may change at any time.

10. WITHDRAWAL

The user may withdraw from the SERVICE at any time, by means of a written notification to be sent by registered letter with return receipt or PEC registered e-mail sent to the address indicated on the Website, in which the user indicates his/her intention to withdraw from the SERVICE. Withdrawal shall be effective vis-à-vis HOPLO when the latter has received the notification sent by the user Until that moment, neither the user nor HOPLO will be exempted from fulfilling their respective obligations under the GENERAL CONDITIONS. The user is aware and accepts that in the event of withdrawal from the SERVICE, s/he shall not be entitled to a refund of the sums paid in advance to HOPLO for the provision of the SERVICE, in accordance with the provisions of the “Costs of the SERVICE” form with reference to payment methods.

11. MISCELLANEOUS

COURT OF JURISDICTION. The SERVICE described in the GENERAL CONDITIONS shall be governed by Italian law. All disputes arising out of, or relating to, the existence, validity or interpretation of these General Conditions, as well as the use of the Website or the SERVICE, shall be exclusively dealt with by the Court of Milan. All disputes arising out of, or relating to, the existence, validity or interpretation of these General Conditions, as well as the use of the Website or the SERVICE, shall be exclusively dealt with by the Court of Milan. The user undertakes to indemnify and hold harmless HOPLO, as well as its officers and employees, from any claims, actions and requests made by third parties or any damages suffered by third parties, including reasonable legal fees, arising out of the use of the Website or the SERVICE by the user or in any way connected with such use. HOPLO reserves the right to disclose personal information regarding the user or the use of the SERVICE by the user, including its content, without the user’s prior consent, if HOPLO is obliged to do so by a Public Authority, or by a court order, or if HOPLO believes, in good faith, that this is necessary in order to: (1) comply with legal provisions or orders of the legal authorities; (2) protect and defend its rights or property or those of its affiliated companies; (3) implement the GENERAL CONDITIONS; o (4) protect the interests of users or third parties. HOPLO’s offer of the SERVICE under these GENERAL CONDITIONS is subject to the applicable laws and legal procedures, and nothing in these GENERAL CONDITIONS affects HOPLO’s right to comply with legal and legislative requests and orders regarding how the user uses the Website or the SERVICE or information provided or collected by HOPLO for such use. If any clause of the GENERAL CONDITIONS is held or declared invalid or unenforceable pursuant to the relevant legislation, this shall not cause the entire GENERAL CONDITIONS to lapse, but only the automatic replacement of such clauses with valid and enforceable provisions that allow the intent of the original provision to be achieved as far as possible. Except as expressly specified, these GENERAL CONDITIONS govern the entire relationship between the user and HOPLO in relation to the SERVICE, and supersede any communications and proposals, previous and current, whether exchanged in electronic, verbal or written form, between the user and HOPLO in relation to the Website and the SERVICE. The printed version of these GENERAL CONDITIONS and of any communication provided in electronic form shall be considered as admissible evidence in any legal or administrative proceedings based on, and relating to, this Agreement, to the same extent, and subject to the same conditions, as other documents and business relationships originally created and maintained in printed form.

12. BRAND-RELATED COMMUNICATIONS

Infomail and/or the other HOPLO products and services referred to herein are or may be trademarks or registered trademarks of HOPLO in Italy and/or other countries. The names of actual companies and products mentioned herein may be trademarks of their respective owners. All rights not expressly granted herein are reserved.

13. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION

The information relating to the collection and use of personal data is contained in the Privacy Policy attached to this contract.

14. SERVICE BILLING METHODS

A) Charges to the User The user is obliged to pay HOPLO the amounts charged, using the payment method (e.g. credit card) indicated. If, for example, a credit card is chosen as the Payment Method, the user authorises HOPLO to charge the cost of the SERVICE to the credit card. If, for example, a credit card is chosen as the Payment Method, the user authorises HOPLO to charge the cost of the SERVICE to the credit card. The user must promptly notify HOPLO of the expiry of the credit card and/or the possible cancellation of the credit card (e.g. due to loss or theft). HOPLO reserves the right to correct any errors made, even if payment has already been requested or received. HOPLO may terminate user's account instantaneously, at any time and without notice, if it is determined that user has provided false information regarding his/her personal information, failed to promptly notify HOPLO of credit card expiration and/or cancellation, engaged in fraudulent or illegal activities, engaged in activities that could harm the rights of HOPLO or others, or acted in violation of these GENERAL CONDITIONS. B) Expiry date; Default Interest; Credit Recovery Costs The amount owed to HOPLO for the use of the SERVICE must be paid in full by the Supplier of the user’s payment method on the date on which such payment is requested by HOPLO. The user agrees to pay any default interest on amounts overdue. Default interest will be calculated by applying the statutory interest rate to the total amount due and unpaid by the User HOPLO has the right, which the user grants forthwith, to transfer the claim against the user to a third party for credit recovery. The user undertakes to pay all costs incurred by HOPLO for the recovery of any overdue amounts, including costs. C) Nonfulfilment If HOPLO does not receive payment of the amounts due within the time specified in the "SERVICE Costs" form, the user will be considered in default and HOPLO may suspend or cancel the account to the SERVICE. CANCELLATION OR SUSPENSION FOR NON-PERFORMANCE MAY BE TAKEN WITHOUT NOTICE BEING PROVIDED TO THE USER, AND IN SUCH A CASE HOPLO MAY DISCONTINUE THE PROVISION OF SERVICE. Reactivation of the account suspended, or made inactive by HOPLO, is subject to payment by the user of the amounts due. D) General Information User represents and warrants: (1) to be at least 18 years old or otherwise the age required by applicable law to enter into a contract, (2) That all information provided is true and accurate (including, but not limited to, information regarding the Payment Instrument chosen); and (3) to be a person (or in the case of a legal person, a person acting on behalf of that person) authorized to use the chosen Payment Instrument. The user agrees to pay all amounts charged and to comply with the responsibilities and obligations set forth in these GENERAL CONDITIONS. General Information Subjects acting on behalf of a legal person declare and guarantee that they are duly authorised to bind the legal person to all the provisions indicated in these GENERAL CONDITIONS and that they have made them known to said legal person. The user undertakes not to assign, transfer or sublicense any rights to his/her account. HOPLO can: (1) Generate printed copies of its electronic records and use such copies as evidence in the same way as original documents; and (2) prove the existence of the agreement with the user and the user's consent in any way, such as by proving the existence of a procedure under which the user must have given consent or operations performed by the user in order to obtain the SERVICE.