Terms of Use
Date: 17 October 2023
Welcome to the website of Test and Innovation Lab at www.labtil.com (the “Website”).
1. Legal Information
The Website is owned and edited by Test & Innovation Lab srl., an Italian limited liability company (“società a responsabilità limitata”) subject to the direction and coordination of Kering Holland N.V. a Dutch company with registered address in Amsterdam, with a fully paid share capital of €1.200.000, with registered office in Via Pantin n.1, 50018 – Scandicci (FI), Italy, registered with the Economic and Administrative Index (“REA”) under n. 672956 and tax number (“P.IVA”) 07010880487, tel. number +39 0574 1770001 and PEC testinnovationlab@legalmail.it, (also “TIL”, “we”, “us” and “our”).
It is operated and maintained and hosted by No Blue Screen System, a French simplified joint-stock company (“société par actions simplifiée”) with a share capital of € 203 905, registered with the Paris Trade and Company Register under FR61 423 410 901, and registered office at 25 rue de Berri 75008 PARIS, France and telephone number +33 (0)1 58 56 60 80.
The Website’s publishing director is Mr. Daniele Cipolletti, President of the Board of Directors of Test & Innovation Lab srl.
2. Acceptance
Please read these Terms of Use (“ToU”) carefully before using the Website. By accessing the Website and using the Content you acknowledge that you have read these ToU and agree to be bound by and comply with all the provisions of these ToU. If you do not agree to be bound by these ToU, please do not use the Website.
These ToU govern your access to, and use of, the Website and its Content.
In these ToU, we use the term “you” and “your” to refer to the user of our Website. The term “Content” means all the information and materials included on the Website as well as all text, visual, audio and other content (such as, without limitation, the design, layout, appearance, graphics, organization of the contents of the Website, photographs, images, text, fonts, video, audio, logos, trademarks, brand names, trade or business names, domain names and URLs, documents and software).
3. Updates to these ToU
We reserve the right to amend or update all or part of these ToU from time to time without notice. We will always publish the most current version of these ToU on the Website and display the “Last Updated” date to reflect the date of the changes. The revised ToU will be effective immediately upon their publication.
4. Access to the Website
You should ensure that you have all necessary equipment, hardware, software, operating systems, network cards, Internet browser and other elements allowing you to access and use the Website and its Content.
If you are not considered as a “consumer” under applicable law, you assume all responsibility for any access to the Website.
5. Intellectual Property Rights
The Website and its Content are either owned or licensed to us, and are protected by applicable copyright, trademark, and other intellectual property rights whether registered or not (“IP Rights”). We reserve all such rights.
Except as expressly provided in these ToU, nothing contained in these ToU shall be construed as granting you, expressly or impliedly, any license or right to use any IP Rights owned by TIL or its licensors, without TIL prior written permission or that of such third party who owns the IP Rights.
Any use which is not expressly permitted by these ToU is prohibited. Unauthorized use of the Website or its Content may also violate applicable intellectual property laws or other laws.
6. Use of the Website and the Content
TIL hereby grants you a worldwide, revocable, non-exclusive, non-transferable, free of charge, right to access and use the Website and its Content, for your general information and professional (but non-commercial) purposes for the duration of your browsing session all in accordance with these ToU.
Except as provided herein or in a separate agreement with TIL, you may not download, copy, reproduce, translate, redistribute, upload, republish, display, modify or create derivative works of all or part of the Website or its Content without the prior written permission of TIL or its licensors.
You agree that in using the Website, you will not:
- Use the Website in any way that interrupts, causes or may cause damage to the Website, impairs the Website’s availability or accessibility or interfere with the proper working of the Website;
- Circumvent or attempt to circumvent the Website’s security measures and tamper with the technology that forms part of the Website;
- Use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or other similar technology, or any manual process, to use, access, copy, generate impressions, acquire, input or store information, search, generate searches, index or monitor all or part of the Website or any Content;
- Use the Website or the Content for any purpose which is unlawful or prohibited by these ToU;
- Use the Website in a way which infringes the rights of any third parties.
If you are not considered as a “consumer” under applicable law, you assume all responsibility for any use of, the Website and the Content.
7. Links to Other Websites
Outbound Links. The Website may contain links to third-parties’ websites (“Linked Sites”). These links are provided solely for your convenience to provide further information. The inclusion of any link to such third-parties’ websites does not imply endorsement by TIL of the content of those Linked Sites, the quality or performance of their products or services, their privacy and security practices or the manner in which they conduct their operations. TIL is not responsible for the content on the Linked Sites nor any damage or loss resulting from browsing the Linked Sites. Your use of Linked Sites is subject to the terms of use of the third parties operating and providing them.
Inbound Links. TIL does not authorize linking to any page of the Website from a third-party website (in particular via framing and deep-linking practices) without its express prior written consent.
8. Termination and Suspension
TIL may, in its sole discretion, and without prior notice, deny, restrict, suspend or terminate your access to, and use of, the Website and/or the Content, without any liability to you, in case of a breach by you of these ToU, or in case of violation of the rights of TIL, its affiliates or any third party, without prejudice to any other remedies available to us under applicable law and under these ToU.
TIL may also terminate, suspend or discontinue providing the Website and/or the Content [], without prior notice nor any liability to you or any third party.
The provisions entitled “Disclaimer”, “Limitation of Liability” and “General Provisions” will survive termination of these ToU.
9. Disclaimer
TIL makes all reasonable efforts to ensure that the Website is accessible at all times (except during maintenance or in the case of a force majeure event), and that its Content is accurate, complete, up to date and secure. However, TIL does not warrant that (i) the Website will operate without failure or interruption, (ii) the Website and its Content will be secure and free from any virus or other form of malware, or (iii) that any inaccuracies or errors will be corrected, or that (iv) the Website and its Content will not infringe the intellectual property rights of third parties. TIL shall not be held liable to you for any of the foregoing.
The Website and its Content are provided to you on a “as is” basis and you are solely responsible for the use of the Content which is made available to you freely through the Website. TIL and its licensors, to the fullest extent permitted by applicable law, disclaim all warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to, any warranties about the accuracy, completeness, security, fitness for a particular purpose, the results to be obtained from using the Website and its Content or non-infringement of third-parties’ rights.
If you qualify as a “consumer”, however, some of the limitations above may not be applicable to you by operation of applicable law.
10. Limitation of liability
To the fullest extent permitted by applicable law, TIL, its affiliates, the other Kering group companies and its licensors shall not be liable for any indirect damages or for any loss of profits, revenue or any damages resulting from lost data or business interruption arising out of or in connection with the use of, or inability to use, the Website and its Content.
Nothing in these ToU limits or excludes our liability or our licensors’ to you or any third party for any liability which cannot be limited or excluded by law. In particular, if you qualify as a “consumer”, some of the limitations above may not be applicable to you by operation of applicable law.
11. General Provisions
If any provision, or part of a provision, of these ToU is found to be illegal, invalid or unenforceable, the invalidity of such provision or part-provision shall be deemed not to form part of these ToU, and the legality, validity or enforceability of the remainder of the provisions of these ToU shall not be affected.
These ToU constitute the entire agreement between you and TIL in relation to the use of the Website and its Content], and replace and supersede all prior discussions, communications, conversations, agreements, whether oral or written, in relation to the subject matter hereof.
No waiver to exercise any provision of these ToU shall be construed as a continuing waiver of such provision or any other provision.
12. Applicable Law and Jurisdiction
These ToU and any matter relating to your access to or use of the Website and its Content] shall be governed by and construed in accordance with the laws of Italy, without reference to conflict of law provisions, subject to any mandatory provision of the applicable law of your place of residence, if you are considered a “consumer”.
Any dispute arising out of, or relating to, these ToU, including the validity, interpretation, performance, breach or termination thereof, that cannot be resolved amicably, shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the Courts of Milan or, if you are considered a “consumer” to the competent courts.
13. Contact Us
If you have any questions or comments about these ToU, please write to:
Test & Innovation Lab srl
Via Pantin, 1
50018 Scandicci (FI)
Italy
or to : info@labtil.com