TERMS AND CONDITIONS OF USE

Art. 1 – Subject

1.1. This licence agreement governs the terms of use of the Application for IOS and Android mobile devices (hereinafter referred to as the “App”), made available by STIGA S.p.A., with legal headquarters in Via del Lavoro n.6, Castelfranco Veneto (TV), Italy.

1.2. The terms and conditions provided herein govern all the uses that the User will make of the App and the services provided by it, as well as the use of any resulting data and information.

1.3. By installing and using the App, the User accepts the following terms and conditions, as well as any changes that, if required, may be made by STIGA S.p.A. at any time and at its own discretion.

 

Art.2 – Registering and Using the App

2.1. To download and use the App, it is necessary to pre-register by creating a personal account comprising:  name, surname, address, telephone number, e-mail address, user name and password. To access the services and allow the subsequent use of the App, the User is required to only use the credentials (user name and password) associated with the User's account.

2.2. STIGA S.p.A. is entitled to record the information provided by the User so that the latter will not need to register each time access is made.

2.3. At the time of registration, the User is required to provide genuine data and keep such data updated for the entire duration of the use of the App.

2.4. The contents of the App are for informational purposes only and may be changed due to incidental circumstances.

 

Art. 3 - Rights and Obligations of STIGA S.p.A.

3.1. STIGA S.p.A. has the right to access and use all the information and data it receives from the User at the time of registering the account, within the limits of the Privacy Statement pursuant to Article13 of Legislative Decree no.196 of 2003 (which may be consulted in its entirety) and, however, in compliance with current regulations concerning personal data protection.

3.2. STIGA S.p.A. is also entitled to share the User's personal data with other companies in the GGP Group, or, with the User's permission, with third party service providers, as specified in more detail in the afore-mentioned Privacy Statement.

3.3. The data collected from using the App may be processed by STIGA S.p.A. for various purposes, also of a statistical and analytical nature.

 

 

Art. 4 – Rights and Obligations of the User

4.1. In order to access and use the App, the User is required to explicitly accept, by means of a specific option made available by the interface with the User, these contractual terms, which constitute, in every respect, a valid agreement between the User and STIGA S.p.A.. In the event of non-acceptance of the contractual terms, the User will not be able to access or use the App service in question.

4.2. The User is required to keep the credentials associated with the User's account confidential and remains, in every respect, liable for any activity carried out involving such data. The User is also required to promptly notify STIGA S.p.A. of any unauthorised use of such credentials by third parties.

4.3. STIGA S.p.A. grants the User the right to access and use the services related to the App, and use all the information that the User will be able to access via the App, exclusively for private use. The User may not use the App for any commercial, illegal and/or unauthorised purposes and, in particular, may not reproduce, duplicate, copy, sell, trade, resell or use the App, in whole or in part, for any commercial purposes. In the cases specified herein, STIGA S.p.A. shall not be liable in any way and reserves the right, from now on, to deactivate the User's account and any related services.

 

Art. 5 – Intellectual Property

5.1. The User acknowledges and accepts that the App and any service related to the App may involve the use of information, even of a confidential nature, protected by the applicable laws governing intellectual property and by other regulations or agreements, including international ones. The User acknowledges and accepts that STIGA S.p.A. has full availability and all exploitation rights related to the App, connected software, trademarks, drawings, images, texts, sound clips and videos.

5.2. The User also acknowledges and accepts that the content of any advertisements displayed by the App are the property of the respective owners of the relevant copyright, trademark, service mark, patent or other right.

5.3. STIGA S.p.A. grants the User a right and a personal non-transferable and non-exclusive licence for using the App, which is valid for the entire duration of use of the App. No right of transfer, of any kind, for any contents of the App may be claimed by the User.

5.4 Finally, the User undertakes not to carry out, either directly or indirectly, any of the following activities: copy, amend, create works deriving from the source code, decode, disassemble or try in any way to discover that code, sell, transfer, grant a sub-licence or transfer any right related to the App.

5.5 The App may even automatically report diagnostic data to STIGA S.p.A. and automatically download updates of content that the User can use.

5.6. The conduct referred to in the afore-mentioned points, even if involving a mere attempt, and any conduct aimed at violating the rights of copyright, trademarks and other intellectual property rights, is strictly forbidden and constitutes a serious breach of this agreement.

5.7. If the User engages in any of the aforesaid and expressly forbidden conduct, STIGA S.p.A. reserves the right to interrupt the User's access to the services and has the right to report the latter to all competent Authorities in order to prevent the continuation of the afore-mentioned conduct and protect its own rights.

Art. 6 – Limited Liability

6.1. The User acknowledges and accepts the following:

a) the use of the App is at the User's sole risk. To the fullest extent permitted by law, STIGA S.p.A. disclaims any guarantee or condition of any type, including, for example, implied guarantees or suitability for a specific purpose.

b) STIGA S.p.A. does not guarantee that:

• the App meets the specific needs of the User;
• the App is free from malfunctioning or without errors;
• any eventual errors in the software will be corrected.

c) any information or advice, either by word of mouth or written, given to the User by STIGA S.p.A. will constitute a kind of guarantee.

6.2. The User acknowledges and explicitly accepts that STIGA S.p.A. shall not be liable towards the User for any, direct or indirect, accidental or consequential damage, or for any eventual losses arising from or in any way related to the use of the App, or for any lack of availability and/or functionality, and consequently for any failure on the part of the User to use the App, either partially or totally, whatever the cause.

6.3. The User agrees to indemnify and hold harmless STIGA S.p.A. from any third-party claim arising from or in any way related to the use of the App, from any violation of these terms and conditions and, more generally, from any other action related to the illicit use of the App, including any liability or legal costs arising from any claim for compensation, loss, damage (direct or indirect), law suits, sentences, litigation costs or legal consultation, of any type and nature.

 

Art. 7 – Express Termination Clause

7.1. If the User breaches any obligations, in particular related to the commission of conduct referred to in Article 4 above, or to the intellectual property rights referred to in Article 5, this shall result in the termination of the right of these conditions, with reserve by STIGA S.p.A. to appeal to the judicial authority for compensation of any consequential damages.

7.2. Moreover, in such cases, the services will be deactivated. Therefore, the User will no longer be able to access and use them or any content created by them.

 

Art. 8 – Changing Service Functions

8.1. STIGA S.p.A. undertakes to keep the App active and, as far as possible, safe and free from errors.

8.2. Nevertheless, STIGA S.p.A. does not guarantee the continuous and smooth operation of the services related to the use of the App.

8.3. STIGA S.p.A. may make changes to the App or remove functions at any time, giving the User prior notification of any significant changes eventually made to the services.

8.4. The User may, however, cancel the services at any time.

 

Art.9 – Changes to Contractual Conditions

9.1. STIGA S.p.A. reserves the right to amend, at any time and at its own discretion, the terms and conditions of use of the App provided for herein, and in particular where:

• this is necessary due to the applicable law, including, for example, a change in that law;
• this is necessary following any communication and/or obligation pursuant to applicable law;
• this is necessary for technical reasons;
• this is necessary to ensure the operation of the services or if the conditions are changed for the benefit of the User.

9.2. In the event of any significant changes, STIGA S.p.A. shall notify the User before the planned change takes effect, by means of the user interface, an e-mail message or by other appropriate means in order to disclose such changes.

 

Art. 10 – Applicable Legislation

10.1. In accepting these contractual conditions, all Users of the App in international territory fully accept the applicable Italian laws on the matter, including the one concerning copyright.

10.2. This agreement has been drawn up in Italian and shall prevail, in the event of any conflict, over any prior versions and/or further versions translated into foreign languages.

 

Art.11 – Contacts with STIGA S.p.A.

11.1 For any requirement related to the use of the App, the User may contact STIGA S.p.A. at the following address: Via del Lavoro 6, 31033 Castelfranco Veneto (TV), Italy; or by e-mail at the address infoline@stiga.com.