HESA S.p.A. – General Terms and Conditions of Use of our Website
General provisions.
Access to and use of the www.hesadns.com and www.hesacloud.com websites (henceforth the "Site" or "Sites"), managed and maintained by HESA S.p.A., with registered office in Via Triboniano 25, 20156 Milano, Tax Code and VAT no. 09193370153 (henceforth “HESA”), are governed by these General Terms and Conditions of Use (henceforth "Terms of Navigation"). Access to the Site and the navigation thereof by any person (henceforth "User") represent implicit acceptance of the Terms of Navigation, in the updated version in force at the time of access to the Site. HESA reserves the right to change and update, at its discretion and without notice, the Terms of Navigation, the documents to which the Terms of Navigation refer to explicitly and any legal notice contained on the Site. It is the responsibility of the User to ensure that they are informed as to the content of the Terms of Navigation at the moment of access to the Site and, in the event of violation of the provisions contained therein, HESA expressly revokes the authorization to use the Site. Any User who does not agree, in whole or in part, with the Terms of Navigation is requested not to use the Site. If any term or other provision of the Terms of Navigation is determined to be illegal, void, or for any reason, unenforceable, it shall be deemed severable from all other Terms of Navigation which shall remain in full force and this circumstance will not affect the validity and the applicability of the remaining provisions in any way whatsoever.
Intellectual and Industrial Property Rights.
The Site is owned by HESA. The contents, texts, images, drawings, graphic layout, the data and information contained in the Site are the property of HESA or licensed by HESA to third parties, in accordance with the current laws that protect copyright (Law 22 April 1941, n. 633) as well as all applicable laws protecting intellectual property rights, which are intended as considered herein. Therefore, the reproduction, transfer, duplication, translation, distribution, inclusion in other websites and any other use of the content of the Site, without the prior written consent of HESA, is strictly prohibited. However, the User may print one copy only of the Site pages exclusively for personal and non-commercial purposes. Trade names, trademarks and logos displayed on the Site are the exclusive property of HESA, or licensed to the latter, and are protected by Legislative Decree 10 February 2005, np. 30 (the so-called Code of Industrial Property) and existing regulations for the protection of industrial property. It is expressly forbidden to the User to use any trade name, trademark or logo present on the Site, without the prior written consent of HESA. Nothing contained on the Site can be considered a concession to third parties of the industrial and intellectual property rights indicated in this section, which shall be construed expressly reserved to HESA and/or licensors of the same. Each User agrees that if they find and/or are made aware of any circumstance that could lead to a breach of industrial and intellectual property rights indicated in this section, to communicate the same to HESA by sending an email to the following email address: privacy@hesa.com. The User has the right to send HESA comments, suggestions, data or other information useful for the development of the Site and of HESA products and services, via e-mail to be sent to the following email address: privacy@hesa.com. HESA has the right to retain and use such comments, suggestions, data or other information without any obligation to compensate or make any form payment whatsoever to the User.
Links to other Internet sites.
The Site may contain links to third party websites (“External Links”), which have no association or relationship whatsoever with HESA, and on whose internet websites HESA has no possibility to control, monitor or manage. HESA is in no way responsible for the content, products or services available on such websites. The External links are present on the Site solely to facilitate hyperlinks to other Internet websites, and their presence does not imply any recommendation and/or endorsement by HESA of the same, nor much less any accord with their content. Clicking on the External Links is the sole decision of the User, who assumes full responsibility for the risk taken. HESA invites the User to review the terms and conditions of such websites before browsing them, and also the relevant regulations adopted by the third party, owner of the website, for the protection of personal data. It is expressly understood that the present Terms of Navigation do not regulate the access and navigation of Internet websites owned by third parties.
Site link.
With prior written permission from HESA, the User may place a link to the HESA Site (“Link to Site”) on their own website. HESA grants such permission at its sole discretion, and in all cases the Link to Site must make clear reference to the HESA Site. Permission will not be given to third parties who have in the past adopted unfair pricing or practices which are not compliant with the practices of the sector, that is, acts of unfair competition or, generally, discrediting actions against HESA, or when HESA fears such behaviour may take place in the future. Under no circumstances may any third party place the Link to Site in a context that could in any way contain material which could be interpreted as obscene or illegal or that infringe or support the violation of rights of third parties. HESA reserves the right to revoke at any moment and at its sole discretion the authorization granted to the User and, in such circumstance, HESA assigns a maximum time limit for removing the Link to Site. It is expressly understood that failure to remove the Link to Site within the set period will be reason for HESA to exercise its right to protect its interests in the way HESA deems most appropriate and obtain compensation for any damage suffered by HESA.
Warranty and exemption from liability for the use of the Site.
In addition to that stated in other provisions in the Terms of Navigation, HESA is not responsible for any errors or omissions contained on the Site, or the consequences arising from the use of such information. Under no circumstances shall HESA be held responsible, towards the User, for any damage to third parties, including consequential damage, indirect, incidental, special, consequential or direct punitive damage, damage caused by loss of profits or for business interruption, as well as damage arising from the use or inability to use the Site, or any information provided therein, or decision made or action taken by the User in relation to such information.
HESA reserves:
Electronic data transmission.
By using the Site, the User may transfer data (messages, images and documents in general) via email or via forms available on the Site. The User expressly declares that such material will be sent in compliance with the applicable law, and will not contain information that could in any way prejudice the rights of HESA or third parties, and that said material will be verified and will not cause any kind of damage to the Site and/or third parties. The User also agrees not to transmit data that may impose an unreasonable burden on the Site's data system. In the event of of violation of the above mentioned, the User shall indemnify and/or hold harmless HESA against any and all claims, liabilities, damages and/or costs of third parties, arising in any way whatsoever from the improper use of the Site by the User. Furthermore, the User acknowledges and accepts that the sending to HESA - by mail, by email or through links present on the Site - of any type of material, carries implied consent of the User to be freely copied, used, disclosed, displayed, processed and used by HESA for any purpose whatsoever. Similarly, while respecting the moral rights of the author, all works protected or protectable by copyright, including the texts, ideas, drawings, concepts, know-how and/or technical knowledge possibly contained in the material in question can be freely used and economically exploited by HESA for any purpose including, by way of example but not limited to, the development, production and marketing of products that use such material or material thereto connected.
Obligations of the Site Users.
Anyone accessing the Site implicitly declares to be of age and is committed to:
Without prejudice to the above, HESA reserves the right to terminate access to the Site, without notice, to Users who breach (or are alleged to have breached) the obligations referred to in this paragraph or, more generally, the Terms of Navigation, remaining expressly excluded any liability on behalf of HESA towards the User in accordance with the provisions in the above paragraph “Warranty and exemption from liability for the use of the Site”, and subject to the right of HESA to claim compensation from the User for damages suffered as a result of any breach by the User of the Terms of Navigation.
Account and personal password.
Registration on the Site grants the right to access one or more of the online services provided by HESA in accordance with the type of User, including, by way of example but not limited to, the purchase of HESA products, access to the instruction manuals of HESA products and access to the upgrading of HESA products. It is expressly understood that HESA reserves the right to delete, edit, reduce and expand the online services provided to the User, if only for a fixed period of time, as well as add Paid services based on Terms and Conditions to be defined, from time to time, by HESA in a totally exclusive way. The User who registers to the Site must create a personal username and password and must choose the User type most suited to the User’s requirements, from those proposed in the registration page. Depending on the type chosen, the User may receive from HESA an alphanumeric identification code (”ID”). The User is obliged to keep secret the username, password and ID (”Login Credentials”) and may not disclose them to any third party. Furthermore, the User must not use the Login Credentials or, more generally, the accounts of other Users. If the User suspects that a third party is aware of the User’s personal Login Credentials, or that an unauthorized person has access or may have access to the Site via the User's Login credentials, the User must inform HESA immediately of the fact by sending an email to the following email address: privacy@hesa.com.
HESA shall in no way be held responsible for any damage or loss suffered by the User in the following cases:
Protection of personal data and cookies policy.
All the personal data of the User will be handled according to the Privacy Policy adopted by HESA, available at the following link: Privacy Policy. Access to the Site and navigation by the User involves the treatment of Cookies, which is implemented in accordance with HESA's Cookie Policy, available at the following link: Cookie Policy.
Transferability of rights.
The User acknowledges and agrees that the rights arising from access to the Site and/or referred to in the Terms of Navigation cannot be transferred to third parties without the prior written consent from HESA. Vice versa, HESA can freely transfer to companies belonging to the HESA Group and/or to third parties the rights arising from the Terms of Navigation without need of obtaining prior consent from the User.
Law and Jurisdiction.
The present Terms of Navigation are regulated by Italian law. In the event of dispute between HESA and the User relating to the Terms of Navigation the User agrees to the exclusive jurisdiction of the Court of Milano.
General provisions.
Access to and use of the www.hesadns.com and www.hesacloud.com websites (henceforth the "Site" or "Sites"), managed and maintained by HESA S.p.A., with registered office in Via Triboniano 25, 20156 Milano, Tax Code and VAT no. 09193370153 (henceforth “HESA”), are governed by these General Terms and Conditions of Use (henceforth "Terms of Navigation"). Access to the Site and the navigation thereof by any person (henceforth "User") represent implicit acceptance of the Terms of Navigation, in the updated version in force at the time of access to the Site. HESA reserves the right to change and update, at its discretion and without notice, the Terms of Navigation, the documents to which the Terms of Navigation refer to explicitly and any legal notice contained on the Site. It is the responsibility of the User to ensure that they are informed as to the content of the Terms of Navigation at the moment of access to the Site and, in the event of violation of the provisions contained therein, HESA expressly revokes the authorization to use the Site. Any User who does not agree, in whole or in part, with the Terms of Navigation is requested not to use the Site. If any term or other provision of the Terms of Navigation is determined to be illegal, void, or for any reason, unenforceable, it shall be deemed severable from all other Terms of Navigation which shall remain in full force and this circumstance will not affect the validity and the applicability of the remaining provisions in any way whatsoever.
Intellectual and Industrial Property Rights.
The Site is owned by HESA. The contents, texts, images, drawings, graphic layout, the data and information contained in the Site are the property of HESA or licensed by HESA to third parties, in accordance with the current laws that protect copyright (Law 22 April 1941, n. 633) as well as all applicable laws protecting intellectual property rights, which are intended as considered herein. Therefore, the reproduction, transfer, duplication, translation, distribution, inclusion in other websites and any other use of the content of the Site, without the prior written consent of HESA, is strictly prohibited. However, the User may print one copy only of the Site pages exclusively for personal and non-commercial purposes. Trade names, trademarks and logos displayed on the Site are the exclusive property of HESA, or licensed to the latter, and are protected by Legislative Decree 10 February 2005, np. 30 (the so-called Code of Industrial Property) and existing regulations for the protection of industrial property. It is expressly forbidden to the User to use any trade name, trademark or logo present on the Site, without the prior written consent of HESA. Nothing contained on the Site can be considered a concession to third parties of the industrial and intellectual property rights indicated in this section, which shall be construed expressly reserved to HESA and/or licensors of the same. Each User agrees that if they find and/or are made aware of any circumstance that could lead to a breach of industrial and intellectual property rights indicated in this section, to communicate the same to HESA by sending an email to the following email address: privacy@hesa.com. The User has the right to send HESA comments, suggestions, data or other information useful for the development of the Site and of HESA products and services, via e-mail to be sent to the following email address: privacy@hesa.com. HESA has the right to retain and use such comments, suggestions, data or other information without any obligation to compensate or make any form payment whatsoever to the User.
Links to other Internet sites.
The Site may contain links to third party websites (“External Links”), which have no association or relationship whatsoever with HESA, and on whose internet websites HESA has no possibility to control, monitor or manage. HESA is in no way responsible for the content, products or services available on such websites. The External links are present on the Site solely to facilitate hyperlinks to other Internet websites, and their presence does not imply any recommendation and/or endorsement by HESA of the same, nor much less any accord with their content. Clicking on the External Links is the sole decision of the User, who assumes full responsibility for the risk taken. HESA invites the User to review the terms and conditions of such websites before browsing them, and also the relevant regulations adopted by the third party, owner of the website, for the protection of personal data. It is expressly understood that the present Terms of Navigation do not regulate the access and navigation of Internet websites owned by third parties.
Site link.
With prior written permission from HESA, the User may place a link to the HESA Site (“Link to Site”) on their own website. HESA grants such permission at its sole discretion, and in all cases the Link to Site must make clear reference to the HESA Site. Permission will not be given to third parties who have in the past adopted unfair pricing or practices which are not compliant with the practices of the sector, that is, acts of unfair competition or, generally, discrediting actions against HESA, or when HESA fears such behaviour may take place in the future. Under no circumstances may any third party place the Link to Site in a context that could in any way contain material which could be interpreted as obscene or illegal or that infringe or support the violation of rights of third parties. HESA reserves the right to revoke at any moment and at its sole discretion the authorization granted to the User and, in such circumstance, HESA assigns a maximum time limit for removing the Link to Site. It is expressly understood that failure to remove the Link to Site within the set period will be reason for HESA to exercise its right to protect its interests in the way HESA deems most appropriate and obtain compensation for any damage suffered by HESA.
Warranty and exemption from liability for the use of the Site.
In addition to that stated in other provisions in the Terms of Navigation, HESA is not responsible for any errors or omissions contained on the Site, or the consequences arising from the use of such information. Under no circumstances shall HESA be held responsible, towards the User, for any damage to third parties, including consequential damage, indirect, incidental, special, consequential or direct punitive damage, damage caused by loss of profits or for business interruption, as well as damage arising from the use or inability to use the Site, or any information provided therein, or decision made or action taken by the User in relation to such information.
HESA reserves:
- the right to make changes and/or updates to the information, products and services shown on the Site at any time without prior notice;
- the right to disconnect, temporarily or permanently, the Site and/or one or more of the usable services obtained through access to the Site.
- the suspension or interruption of its services and/or the Site;
- failure to implement the services available on the Site for reasons of force majeure such as, for example but not limited to, fires, floods, strikes, natural disasters, civil unrest, acts of government or military authorities, changes in the law, acts of terrorism, prolonged periods of general power failure.
Electronic data transmission.
By using the Site, the User may transfer data (messages, images and documents in general) via email or via forms available on the Site. The User expressly declares that such material will be sent in compliance with the applicable law, and will not contain information that could in any way prejudice the rights of HESA or third parties, and that said material will be verified and will not cause any kind of damage to the Site and/or third parties. The User also agrees not to transmit data that may impose an unreasonable burden on the Site's data system. In the event of of violation of the above mentioned, the User shall indemnify and/or hold harmless HESA against any and all claims, liabilities, damages and/or costs of third parties, arising in any way whatsoever from the improper use of the Site by the User. Furthermore, the User acknowledges and accepts that the sending to HESA - by mail, by email or through links present on the Site - of any type of material, carries implied consent of the User to be freely copied, used, disclosed, displayed, processed and used by HESA for any purpose whatsoever. Similarly, while respecting the moral rights of the author, all works protected or protectable by copyright, including the texts, ideas, drawings, concepts, know-how and/or technical knowledge possibly contained in the material in question can be freely used and economically exploited by HESA for any purpose including, by way of example but not limited to, the development, production and marketing of products that use such material or material thereto connected.
Obligations of the Site Users.
Anyone accessing the Site implicitly declares to be of age and is committed to:
- not use the Site, the information and material contained therein for unlawful purposes or otherwise contrary to the laws in force and in violation of third party rights;
- maintain diligent behaviour and good faith during navigation and use of the Site, and to provide correct and truthful information with reference to the possible registration of their personal data;
- use the Site only to benefit from its services;
- not interact with, or make purchases through the Site claiming to act in the name and on behalf of a third party, if the User has no authority to bind the latter.
- alter, violate, disable or destroy the protections present on the Site or test their vulnerability;
- interfere in any way with navigation on the Site by other Users or with their satisfaction regarding the services offered to them by HESA, by inserting viruses or implementing, by way of example but not limited to, attempts to overload the system or the Site itself;
- access the services offered by HESA from a platform other than the home page;
- attempt to circumvent the security measures on the Site or violate the network on which the latter is present, by accessing, inter alia, information not expressly intended for the Users themselves, or probing the security of other networks (e.g. via “port scanning”);
- carry out any form of network monitoring in order to intercept data not intended for the individual user;
- send emails, including "junk mail" or large quantities of unsolicited email messages ("bulk mail"), whose messages relate to commercial advertising, promotional or Informative notices, and political or religious censuses;
- send or receive information and/or content that is technically harmful (including, by way of example but not limited to, computer viruses, logicbombs, trojan horses, worms, harmful components, corrupted data or other malicious software), likely to cause nuisance, accidents or unjustified disturbances that act to intercept or attempt to intercept communications transmitted through telecommunication systems, and that have as their intent the purpose of engaging in fraudulent activities;
- carry out reverse engineering on the Site and on the information, documents, procedures, firmware and software downloadable from the Site.
Without prejudice to the above, HESA reserves the right to terminate access to the Site, without notice, to Users who breach (or are alleged to have breached) the obligations referred to in this paragraph or, more generally, the Terms of Navigation, remaining expressly excluded any liability on behalf of HESA towards the User in accordance with the provisions in the above paragraph “Warranty and exemption from liability for the use of the Site”, and subject to the right of HESA to claim compensation from the User for damages suffered as a result of any breach by the User of the Terms of Navigation.
Account and personal password.
Registration on the Site grants the right to access one or more of the online services provided by HESA in accordance with the type of User, including, by way of example but not limited to, the purchase of HESA products, access to the instruction manuals of HESA products and access to the upgrading of HESA products. It is expressly understood that HESA reserves the right to delete, edit, reduce and expand the online services provided to the User, if only for a fixed period of time, as well as add Paid services based on Terms and Conditions to be defined, from time to time, by HESA in a totally exclusive way. The User who registers to the Site must create a personal username and password and must choose the User type most suited to the User’s requirements, from those proposed in the registration page. Depending on the type chosen, the User may receive from HESA an alphanumeric identification code (”ID”). The User is obliged to keep secret the username, password and ID (”Login Credentials”) and may not disclose them to any third party. Furthermore, the User must not use the Login Credentials or, more generally, the accounts of other Users. If the User suspects that a third party is aware of the User’s personal Login Credentials, or that an unauthorized person has access or may have access to the Site via the User's Login credentials, the User must inform HESA immediately of the fact by sending an email to the following email address: privacy@hesa.com.
HESA shall in no way be held responsible for any damage or loss suffered by the User in the following cases:
- if the Login Credentials have not been kept secret;
- if the User permits unauthorized third parties to use the User’s account;
- if the User is directly using the Login Credentials or, more generally, the account of another person;
- if the User becomes aware or suspects unauthorized use of the User’s Login Credentials or, more generally, of the User’s account and chooses not to notify HESA immediately.
Protection of personal data and cookies policy.
All the personal data of the User will be handled according to the Privacy Policy adopted by HESA, available at the following link: Privacy Policy. Access to the Site and navigation by the User involves the treatment of Cookies, which is implemented in accordance with HESA's Cookie Policy, available at the following link: Cookie Policy.
Transferability of rights.
The User acknowledges and agrees that the rights arising from access to the Site and/or referred to in the Terms of Navigation cannot be transferred to third parties without the prior written consent from HESA. Vice versa, HESA can freely transfer to companies belonging to the HESA Group and/or to third parties the rights arising from the Terms of Navigation without need of obtaining prior consent from the User.
Law and Jurisdiction.
The present Terms of Navigation are regulated by Italian law. In the event of dispute between HESA and the User relating to the Terms of Navigation the User agrees to the exclusive jurisdiction of the Court of Milano.