WHO WE ARE AND HOW TO CONTACT US
www.mectend.com (hereinafter the “Site”) is operated by, and on behalf of, Mectend srl, located at Località Bessiche 65, 15070 Tagliolo M. (AL). The term Mectend or “we” or “our” refers to Mectend srl, the owner of this “Web Site” www.mectend.com. The term “you” refers to the user or viewer of this Web site. The headings are for reference purposes only and in no way define, limit, interpret or describe the scope of this section. Our inability to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. This document sets forth the entire understanding and agreement between MECTEND and you with respect to the subject matter contained herein
BY ACCESSING THIS SITE YOU AGREE TO THESE TERMS OF USE
By accessing this Web site, you agree to be bound by these Terms and Conditions (“Terms”) which, together with MECTEND’s Privacy Policy, govern the relationship between you and MECTEND in connection with or related to this Web site and your use of this Web site. Please read these Terms and Conditions carefully and, if you do not agree to be bound, you should not access or view our Web site. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices posted elsewhere on our Web site.
OTHER TERMS THAT MAY BE APPLICABLE
These terms of use refer to our Privacy Policy, which also applies to your use of our Web site. You can access our Privacy Policy here.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS SITE
Access to our Web site is permitted on a temporary basis, and we reserve the right to terminate the service at any time and without notice to improve, modify, suspend, or permanently discontinue all or part of the content of the Web site and restrict or prohibit access to it. We will not be liable if for any reason our Web site is unavailable at any time or for any period. MECTEND will make such changes by posting them on this Web site. You should check this Web site frequently to see such changes. Your continued use of the Web site after such changes conclusively demonstrates your acceptance of those changes.
HOW YOU CAN USE THE MATERIAL ON OUR SITE
All pages and content of MECTEND and their respective licensees, business partners, and/or agents, contained on or within this website, including, without limitation, text, graphics, audio, video, photographs, surveys, logos, and/or any other materials are the intellectual property of MECTEND, or are authorized for use by MECTEND, and/or their respective licensees, business partners, and affiliates, including all trademarks, service marks, copyrights, patents, and trade secrets contained therein, unless otherwise noted. We are the exclusive owner or licensee of all intellectual property rights in our website and material posted on it and contained on the website. Such works are protected by copyright laws and treaties throughout the world. Copyright notice: all rights are reserved. We do not authorize you to incorporate any content from this site into any commercial document or other website, or into any material sold or otherwise made available for profit without our prior written consent. You may not modify, copy, reproduce, create derivative works from, republish, display, upload, post, transmit, or distribute in any way the content, materials, or information made available on this website, without MECTEND’s prior written consent. You may not reproduce or store any part of this website on any other website without our prior written consent. Access to our site does not imply a license to reproduce, transmit, and/or distribute this information or these names, logos, icons, and graphics in any form or by any means. If you wish to do any of these things you must first obtain our written consent. MECTEND will pursue all remedies available at law and/or in equity to remedy, restrain, prohibit, and punish any violation of the foregoing.
DO NOT RELY COMPLETELY ON THE INFORMATION ON THIS SITE
The information contained on this website is intended solely for your knowledge of our services and general information. Nothing contained on this website constitutes an offer for our services. All contracts for our services must be agreed upon by us and signed. We make no representations or warranties as to the completeness, accuracy, or suitability of the website for any particular purpose. In addition, to the fullest extent permitted by law, we disclaim all express or implied warranties, including, without limitation, non-infringement, title, merchantability, or fitness for a particular purpose. We do not warrant that the information and functions contained in this site or any material or content contained herein are completely secure, complete, or error-free, that defects will be corrected, or that the service or server that makes it available is free of viruses or other harmful components. This includes any hyperlinks to any website or other elements used directly or indirectly from this website. MECTEND assumes no responsibility for any inaccuracies, errors, or omissions on this Web site, and any decisions based on the information contained on MECTEND’s sites are the sole responsibility of the visitor. Note that some of the information or data on this Web site may have been produced some time ago.
WE ARE NOT RESPONSIBLE FOR THE LINKED WEBSITES
From time to time this Web site may also include or contain (i) links to other Web sites operated by third parties and/or (ii) information about products or services offered by third parties. Please be aware when you leave our Web site to read the terms and conditions and privacy statements of each site you visit. We are not responsible for the practices or content of such other sites. Despite any links that may be on the site, we do not endorse and are not affiliated with such third parties. MECTEND hereby disclaims any liability, for any content or products or services listed on the linked website to the fullest extent permitted by applicable law.
WE DO NOT ENDORSE USER-GENERATED CONTENT
You acknowledge and agree that MECTEND expressly disclaims any responsibility for any content or other material posted on this site by any visitor or user. You acknowledge and agree that you are solely responsible for any content or other material or information posted, entered, submitted, uploaded, and/or made available by you. The posting of items written by visitors or users does not constitute an endorsement by MECTEND of any opinion or responsibility for any opinion or advice you have posted, entered, submitted, uploaded, or made available.
OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
This website is provided free of charge. Accordingly, neither we nor any of our subsidiaries or affiliates or group companies will be liable for any loss and/or damage of any amount that you may suffer as a result of any contract, tort or otherwise, from the use of or inability to use, this Web Site or any information or data contained on or accessed through this site or from any action or decision made as a result of your use of this site or the information or data contained on it. We will not be responsible for your use of the Service, including, without limitation, the content and any errors therein provided by third parties. In no event will we be liable under any tort, contract, strict liability or other legal or equitable theory for any direct, indirect, special, incidental or consequential loss, punitive loss or damage, including damage to computer hardware or software, lost profits or contracts, lost revenue, loss of business, loss of data, loss of opportunity, loss of anticipated savings, coverage costs, copying, personal injury/tort death, loss of management or office time.. The only remedy is to discontinue use of this website. We will not be liable for loss of goodwill suffered by any visitor or user of this Web Site, or any other person, in connection with the use of this Web Site or as a result of MECTEND’s performance or lack of performance under these Terms, regardless of whether MECTEND was not informed of the possibility of such damages, or whether they could have been reasonably anticipated by MECTEND. The foregoing is excluded by agreement of the parties, whether or not we have been informed of the possibility of such damages. The above exclusions do not affect our liability for death or personal injury resulting from our negligence, or our liability for fraud or fraudulent or misrepresentation in connection with a material matter, or any other liability that cannot be excluded or limited by applicable law.
INDEMNITY
You agree to indemnify, defend and hold harmless MECTEND, its directors, officers, employees and/or agents from and against any and all third party claims, demands, liabilities, damages, losses and costs and/or expenses, including without limitation legal fees and court costs, arising out of, or related to, either directly or indirectly as a result of (i) any breach by you of any of these Terms, (ii) your content, (iii) your use of materials or features available on the Web Site, (iv) your misuse of this Web Site, or (v) any other breach by you of the Terms and/or applicable law and/or any agreement or condition with a third party to which you are subject.
DISCLAIMER
Content on the site may contain technical inaccuracies or typographical errors. In addition, MECTEND may make changes or improvements to the site at any time. the content on the site is provided “as is” and “as available” and without warranty of any kind expressed or implied, to the fullest extent permitted under applicable law. MECTEND disclaims all warranties of merchantability. MECTEND does not warrant that the functions of the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make the site available for use, are free of viruses or other harmful components. MECTEND does not warrant or make any representations regarding the use or the results of the use of the content on the site in terms of its correctness, accuracy, reliability, or otherwise. MECTEND makes no commitment to update the materials on the site. You (and not MECTEND) assume the entire cost of all necessary maintenance, repair or correction. the above exclusion may not apply to the extent that applicable law may not allow the exclusion of implied warranties. In addition, the information contained in the site is for informational purposes only. MECTEND will not be responsible for any results obtained or not obtained as a result of using the information contained on the site. Any reference to MECTEND or the information contained on the site for commercial purposes, including advertising, sales, or other marketing material, is prohibited.
OBSERVATIONS
All comments, suggestions, ideas, graphics or other information communicated to MECTEND through the Site (together, the “Submission”) will give MECTEND the right to use the Submissions. MECTEND will not be required to treat the Submissions as confidential and will not be responsible for any ideas for its business (including, without limitation, product ideas or advertising) and will not assume any liability as a result of similarities that may appear in future MECTEND operations or content. Except as set forth below in this paragraph, MECTEND shall have the right to use the Submission for any commercial or other purpose without compensation to you or any other person submitting the Submission. You agree to indemnify, defend and hold MECTEND harmless from any liability arising out of the use or distribution of such materials. You also grant MECTEND the right to use your name in connection with the reproduction or distribution of such materials. Personally identifiable information that may be received on the site is provided voluntarily by the site visitor and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for all material you submit and you, not MECTEND, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any illegal, threatening, libelous, defamatory, obscene, pornographic, or other material that violates any law. If applicable, MECTEND reserves the right to delete, move, or edit posts that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable and waives any moral rights you may have to have the material altered or changed in a way you do not like.
HOW WE MAY USE YOUR PERSONAL INFORMATION
MECTEND respects the privacy of visitors and users of this site and will collect voluntarily provided personally identifiable information, such as your name or email address, when it is disclosed to us. For more information about the information we collect and how we use that information, you can read our Privacy Policy here.
SEVERABILITY CLAUSE
If any or all of the terms contained in these Terms shall be determined by any competent authority to be invalid, illegal or unenforceable to any extent, it shall be deemed severed from these Terms and Conditions and, the remaining Terms and Conditions shall continue to be valid and enforceable to the fullest extent permitted by law. Any invalid term shall be replaced with a term that is as similar as possible and best fulfills the intended purpose of the invalid term.
WHAT LAWS OF THE COUNTRY APPLY TO ANY DISPUTE?
Your use of this Web Site and downloads, as well as these Terms, our Web Site Privacy Policy, and any dispute or claim arising out of or in connection with them (including non-contractual litigation or claims) will be governed in accordance with the laws of Italy. The Italian courts will have exclusive jurisdiction over any claim arising out of or in connection with a visit to our Website, although we reserve the right to bring legal proceedings against you.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU DON’T HAVE TO INTRODUCE THEM
We will report such violations to the appropriate law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such a violation, your right to use our Website will cease immediately. We will not be liable for any loss or damage caused by an attack with viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on them or on any Web site linked to them. Under the National Cybersecurity Act, you must not abuse our site by knowingly introducing viruses, Trojans, worms, logic bombs, or other malicious or technologically harmful material. You must not attempt to gain unauthorized access to our Web site, the server on which our site is stored, or any server, computer, or database connected to our site. By breaking this provision, you commit an offense under the Act of December 23, 1993, No. 547, published in the Official Gazette No. 305 of 30-12-1993. MECTEND reserves the absolute right to edit or delete any material or information posted, entered, submitted, uploaded or made publicly available by any visitor or user of this site.
GENERAL
It is our practice to terminate content-related relationships with third parties who repeatedly infringe on the copyrights of third parties.
TERMINATION OF ACCESS
If you violate these Terms or MECTEND’s Privacy Policy, MECTEND may, as its option, suspend or block your access to this Site and refuse to provide further access to it. In addition to any rights or remedies that may be available under these Terms or applicable law, we may suspend, restrict or terminate your account, or all or part of your access to the Service, or as a User at any time with or without notice and with or without cause. In addition, we may report any information about illegal activity, including your identity, to the appropriate authorities.
WAIVER; REMEDIES
The waiver by us to exercise in whole or in part any right or waiver of any breach of these Terms by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver of any subsequent breach by you of the same or any other condition of these Terms. Our rights and remedies under these Terms will be cumulative and the exercise of any such right or remedy will not limit our right to exercise any other right or remedy. Please contact us if you have any questions about our Website at info@mectend.com
