https://habelas.com Terms and Conditions
These Terms are about
the use of https://habelas.com and
any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
To know at a glance
Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
CONDITIONS OF USE
Unless otherwise specified, the https://habelas.com terms of use set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using https://habelas.com the User declares to satisfy the following requirements:
There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users.
Content on https://habelas.com
Unless otherwise specified or clearly recognizable, all content available on https://habelas.com is owned or provided by the Owner or its licensors.
The Owner takes the utmost care so that the content available on https://habelas.com does not violate applicable legislation or the rights of third parties. However, this is not always possible.
In such cases, without any prejudice to the rights and legally enforceable claims, Users are requested to address their complaints to the addresses specified in this document.
https://habelas.com Content Rights
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusion, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer/alienate to third parties or create works derived from the content available on https://habelas.com, to allow third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on https://habelas.com, the User is authorized to download, copy and/or share certain contents available on https://habelas.com exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.
The limitations and exclusions provided for by the legislation on copyright remain unaffected.
Access to external resources
Through https://habelas.com, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
In particular, on https://habelas.com, Users may come across advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed through https://habelas.com. By clicking on any of these advertisements, the User will interact with the third party responsible for advertising.
The Data Controller is not liable for what may derive from such interaction with third parties, from access to third party sites or from the use of third party content.
Permitted use
https://habelas.com and the Service may only be used for the purposes for which they are offered, under these Terms and under applicable law.
It is your sole responsibility to ensure that your use of https://habelas.com and/or the Service does not violate any law, regulation or the rights of any third party.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to https://habelas.com or the Service, terminate contracts, report any censurable activity carried out through https://habelas.com or the Service. to the competent authorities – p. ex. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:
violations of the law, regulations and/or the Terms;
injury to the rights of third parties;
acts that may considerably prejudice the legitimate interests of the Data Controller;
offenses to the Owner or to a third party.
Limitation of Liability and Indemnity
Australian users
Limitation of Liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and which constitute a right. which cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to a new supply of services or to the payment of the cost for the repetition of their supply.
USA users
Disclaimer of Warranty
The Owner provides https://habelas.com “as is” and subject to availability. The use of the Service is at the User’s own risk. Within the maximum limits permitted by law, the Data Controller expressly excludes the conditions, agreements and guarantees of any kind – whether express, implied, statutory or other, including, by way of example but not limited to, any implicit guarantees of merchantability, suitability for a particular purpose or non-violation of the rights of third parties. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document.
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, in an uninterrupted and secure manner, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation. or from the use of the Service by the User.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected via hyperlink. Furthermore, the Owner does not take part or in any way monitor any transaction between Users and third party suppliers of products or services.
The Service may become inaccessible or not work properly with the User’s browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply within the limits set by law.
Limitation of Liability
Within the maximum limits permitted by applicable law, in no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for
any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, damage resulting from the loss of profits, goodwill, use, data or other intangible losses, arising from or relating to the use, or the inability to use the Service; is
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any error, lack or inaccuracy in the contents;
personal injury or material damage, of any nature, deriving from the access or use of the Service by the User;
any unauthorized access to the Data Controller’s security servers and/or any personal information stored therein
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojans or similar that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third parties. In no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for any request for compensation, proceeding, liability, obligation, damage, loss or cost for an amount exceeding that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This section on the limitation of liability applies to the maximum extent permitted by the law in the applicable jurisdiction, regardless of whether the alleged liability derives from a contract, tort, negligence, strict liability or any other basis, even if the Controller had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights and you may have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided for by applicable law.
Indemnify
The User undertakes to defend, indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, liability, burden. o debt and expense, including, without limitation, legal fees and expenses arising out of
the use or access to the Service by the User, including any data or content transmitted or received by the User;
your breach of these Terms, including, but not limited to, any breach by you of any representations or warranties provided by these Terms;
the violation by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
the violation by the User of any law, rule or regulation in force
any content sent from the User’s account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User’s personal username and password or other measures security, if any;
the User’s malicious conduct; or
the violation of any legal provision by the User or its affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions
No implied waiver
Failure to exercise legal rights or claims deriving from these Terms by the Owner does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.
Interruption of the Service
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit https://habelas.com or the Service in whole or in part without the Owner’s prior written consent, expressed either directly or through a legitimate resale program.
Privacy policy
Information on the processing of Personal Data is contained in the https://habelas.com privacy policy.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to https://habelas.com are held exclusively by the Owner or its licensors and are protected by pursuant to the legislation and international treaties applicable to intellectual property.
All trademarks – word or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with https://habelas.com are and remain the exclusive property of the Owner or its licensors and are protected under the law. and international treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in each party having the right to withdraw from the Agreement.
The applicable previous version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller.
If required by applicable law, the Data Controller will specify the date by which the changes to the Terms will come into force.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of https://habelas.com must be sent to the addresses indicated in this document.
Safeguard clause
If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.
European users
Should a provision of these Terms be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision replacing the null, invalid or ineffective one.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not lead to nullity of the entire Agreement, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
USA users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated subject and prevail over any other communication, including any previous agreements, between the parties regarding the regulated subject.
These Terms will be implemented to the fullest extent permitted by law.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
Jurisdiction
The exclusive competence to know any dispute arising from or in connection with the Terms rests with the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.