These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is provided by:
Formap di Fabrizio Parzanese, Via Leonilde Jotti 4, Pianezza, 10044, Italia. VAT 12616760018.
Owner contact email: info@onlytoptalent.com
Employers' Use of OnlyTopTalent's Enriched Profiles Database.
The User is required to use the OnlyTopTalent Enriched Profiles Database in accordance with the terms of these Terms of Use and contracts with Formap di Fabrizio Parzanese. OnlyTopTalent's Database is to be used in compliance with all applicable privacy and sensitive data protection regulations, and User agrees not to disclose data from OnlyTopTalent's Database to any third party, unless User is a licensed recruitment agency, "staffing agency," or other agency that uses the enriched profiles explicitly for employment purposes.
The User shall implement appropriate physical, technical and management measures to protect the data obtained from the OnlyTopTalent Enriched Profiles Database from loss, misuse, unauthorized access, dissemination, alteration or destruction. The User shall not share his/her computer-related license login credentials to OnlyTopTalent Database enriched profiles with other parties, nor pay-per-contact license login credentials with other parties.
User may not use the OnlyTopTalent Enriched Profiles Database for:
(a) purposes other than those within the scope of the employer's search for employees, including, but not limited to, advertising promotions of products or services to enriched profiles holders;
(b) making unwanted phone calls or sending faxes, sending unsolicited mail, e-mails or newsletters to enriched profiles holders, or contacting people unless they have expressed consent to be contacted (for those cases where consent is required, or, if consent is not expressly required, contacting those who have informed the User that they do not wish to be contacted is prohibited); or
(c) seek candidates or contact candidates or enriched profiles holders about "career fairs"
To ensure a safe and profitable experience for all of its customers, OnlyTopTalent reserves the right to limit the data traffic (including enriched profiles views) that You may access during any given period. Such limits may be reviewed periodically at OnlyTopTalent's sole discretion.
Other Terms of Use for Candidates. When applying to have an enriched profile (Profile) on the OnlyTopTalent website, User will be required to fill a form and provide OnlyTopTalent with certain information including, but not limited to, a valid email address (the "Information").
The Profile submitted must be accurate and describe the User's persona. The Profile involves the completion of standard fields and may include the User's telephone numbers, addresses, e-mail or other means of contacting the User.
User acknowledges and agrees that he/she is solely responsible for the form, content, and fidelity of any enriched profiles or materials contained and uploaded to OnlyTopTalent Sites.
OnlyTopTalent reserves the right to offer third-party products and services to the User, based on preferences established by the User and which at the time of registration or at any time thereafter, the User has agreed to receive. Such offers may be made by OnlyTopTalent as well as by third parties. Please view OnlyTopTalent's Privacy Policy for further details regarding User Information.
The User agrees and acknowledges that he or she does not have ownership rights to the account, that if he or she requires to cancels the account, or if the account is locked, all of OnlyTopTalent's account information, including enriched profiles, cover letters, saved ads, and questionnaires will be marked as deleted and may be removed from OnlyTopTalent's databases. The information may still be available for a short period due to deletion propagation delays through OnlyTopTalent's Web servers. In addition, third parties may have saved copies of personal information.
OnlyTopTalent reserves the right to delete the User's Profile and all Information after 2 years from initial creation (if consent is not renewed by the User).
User Content and User Requests User understands that the sole responsibility for all information, data, text, software, music, sounds, photos, graphics, videos, advertisements, messages or other materials submitted, posted or displayed by User through each OnlyTopTalent Site (the "User Content") rests with the person who generated such User Content. OnlyTopTalent represents that it does not own or have control over the User submitted Content. The User or, as the case may be, the third party licensor, owns all patents, trademarks and copyrights to all User Content submitted, posted or displayed through OnlyTopTalent and is responsible for protecting those rights. By submitting, posting or displaying User Content through OnlyTopTalent, User grants OnlyTopTalent a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish User Content through OnlyTopTalent. In addition, by submitting, posting, or displaying User Content that is intended to be available to the general public, User grants OnlyTopTalent a worldwide, non-exclusive, non-royalty transferable, sub-licensable license to reproduce, adapt, distribute, and publish User Content for the purpose of promoting OnlyTopTalent and its services. OnlyTopTalent will discontinue such licensed use within a commercially reasonable period after removal of User Content from OnlyTopTalent. OnlyTopTalent reserves the right to refuse to accept, post, display or transmit User Content in its sole discretion.
You represent and warrant that you have the right to grant the above license, or that the owner of the rights, including moral rights in such content, has fully and effectively waived the same and validly and irrevocably granted User the right to grant such license. If you submit User Content to any public area of the OnlyTopTalent Site, you permit other Users to access, view, store and reproduce such Content for their own purposes. Except as noted above, the owner of User Content on an OnlyTopTalent Site is the exclusive owner of all rights associated with such User Content. OnlyTopTalent may review and remove User Content, which, in its sole judgment, violates these Terms of Use, applicable laws, rules and regulations, is abusive, harassing, offensive or illegal, or violates the rights of, harms or impairs the safety of Users of any OnlyTopTalent Site. OnlyTopTalent reserves the right to expel Users and prevent their future access to OnlyTopTalent Sites and/or use of OnlyTopTalent Services for violating the Terms of Use, applicable laws and regulations. OnlyTopTalent reserves the right to take any legal action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such Content may cause liability for OnlyTopTalent, damage the public image of the OnlyTopTalent brand, or cause the loss of Users (in whole or in part) or the services of its ISPs or other providers.
OnlyTopTalent does not guarantee the truthfulness, accuracy, or reliability of User Content, works derived therefrom, or other communications posted by Users, nor does OnlyTopTalent endorse any opinion expressed by Users. You acknowledge that any reliance placed on materials posted by other Users will be at your own risk.
The following list is a partial list of User Content that is prohibited from being used on the Application. The list below is for illustrative purposes only and is not intended to be exhaustive of prohibited User Content.
Content that:
are implicitly or explicitly offensive, such as User Content that contains, encourages, or promotes racism, bigotry, discrimination, hatred, or physical violence of any kind against any kind of groups or individuals; offend, cause offenses, or encourage offenses against groups or individuals; involve the dissemination of "junk email," "chain letters," dissemination of unsolicited mail, "spamming," or "phishing." promote or encourage illegal or unauthorized copying of third-party copyrighted works, such as providing or making available pirated computer programs or providing links to the same, providing or making available information to circumvent manufacturer-installed devices designed to protect copying of the work, or providing or making available pirated music or other media or links to pirated music or other media files; contain restricted or password-protected access pages, or hidden pages or images; show or refer via links to pornographic, indecent, or sexually explicit material of any kind; provide or refer via links to material in which persons under the age of 18 are exploited for activities of a sexual nature, for violent or other activities, or solicit personal information from anyone under the age of 18; or provide information on how to engage in illegal activities or other activities prohibited by these Terms and Conditions, including without limitation, making or purchasing illegal weapons, violating someone's privacy, spreading or creating computer viruses, or piracy activities against any media; and require the submission of passwords or personal identifying information from other Users. Any Profile the User submits must describe the same as an individual. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate objects, fictional characters, or real persons other than the User.
Profiles derived from User Content may also be made available through OnlyTopTalent Sites. OnlyTopTalent does not guarantee the accuracy or validity of such Derived Profiles or their reliability for evaluation by employers. Derived Profiles may differ significantly from User Content.
OnlyTopTalent welcomes feedback from its Users regarding OnlyTopTalent Services and Sites. However, OnlyTopTalent's policy does not allow the acceptance or consideration of creative ideas, suggestions, inventions, or materials other than those specifically requested. While OnlyTopTalent appreciates comments on the Services, it encourages Users to be specific in comments made and not to submit creative ideas, inventions, suggestions, or materials. If, notwithstanding such request, the User sends creative suggestions, ideas, designs, knowledge, inventions, or other information (collectively referred to as "Material"), the Material shall be the property of OnlyTopTalent or, alternatively, in the event that OnlyTopTalent does not exclusively own all rights to the Material, the User hereby grants OnlyTopTalent a perpetual, irrevocable, royalty-free license to use the Material. OnlyTopTalent shall, moreover, be free to use the Material in any manner and for any purpose whatsoever, commercial or otherwise, without any compensation or remuneration being payable to the User or any other person. Submitted Material is not subject to any confidentiality obligations on the part of OnlyTopTalent, nor can OnlyTopTalent be held responsible for any use or dissemination of the contents of the Material.
Reports of copyright or trademark infringement. If You believe that copyrighted or trademarked Material has been uploaded, posted or copied to a OnlyTopTalent Site and that such Material is accessible on the Site in a manner that constitutes copyright or trademark infringement, You should contact OnlyTopTalent at infol@onlytoptalent.com
Deactivation as a result of infringement of copyright or other intellectual property rights of others. OnlyTopTalent respects the intellectual property rights owned by others and requires Users and its partners to do the same. Unauthorized publication, reproduction, copying, distribution, modification, public display, or exhibition of copyrighted works constitutes a violation of the owner's copyright rights. As a condition of your use of OnlyTopTalent Sites, you agree not to use OnlyTopTalent Sites in a manner that infringes the intellectual property rights of others. OnlyTopTalent reserves the right to deactivate accounts and block access to OnlyTopTalent Sites for Users who repeatedly infringe the copyright or intellectual property rights of others. OnlyTopTalent reserves the right, in its sole discretion, to take action to restrict access to the Site and/or deactivate accounts of Users who infringe the intellectual property rights of others at any time, whether or not such infringement is repeated, with or without notice and without any liability on the part of OnlyTopTalent to the User disabled or whose access has been blocked. Notwithstanding the foregoing, in the event that the User believes in good faith that he or she has been wrongly imputed with copyright infringement, please contact OnlyTopTalent as set forth above.
Referral and affiliation programs We run different referral and affiliation programs for talents and for employers and general users of our website. You might be required to opt-in to these programs (and share your data with third party service providers platforms), or you can be automatically enrolled when you sign-up to our website, in this case when you accept our terms and condition and our privacy policy you also accept to be enrolled to one or more of our referral and affiliations programs. You can review the most current version of the Referral/affiliation Programs Terms at any time on this page. We reserve the right to update, change or replace any part of these Referral/affiliation Program Terms by posting updates and/or changes to our website. Referrers, current website registered users or guest visitors, will receive a unique referral code which will allow the Referrer to refer Invitees who are new or prospective website visitors and users the Referrer personally knows (friends, family, colleagues, business partners or connections).
Each referral code should be kept private and safe by the referrer.
Referrals should only be used for personal and non-commercial purposes. Referral codes should not be published or distributed on commercial websites (such as coupon websites, blogs, or Reddit). Referrers are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Referrers are prohibited from paying to advertise their referral links. Any abuse of of referral and affiliation programs may result in the closure of your account. For each valid referral or at the achievement of some set goals, the Referrer will receive a reward (a discount, a commission, a digital asset, a promo code, or other). In some cases also the Invitee will receive a reward. Please refer to the single referral and affiliation programs pages to discover the details of the rules to get the rewards. We might change those rules from time to time and users will get rewarded according to the rules published on those pages at the time of the reward request/processing.
We keep the right, at our sole discretion, to change, cancel, suspend, or modify any aspect of the Referral and Affiliations Programs without notice. Continued participation in the referral and affiliation programs after any modification shall constitute consent to such modification. We also reserves the right to disqualify any user, referrer, referee, customers or prospective customers at any time from participation in the Referral and affiliation programs if we have a good faith belief that they have violated any of the Terms. For questions and eventual problems related to referral and affiliation programs you may contact us to this email address: referral@onlytoptalent.com
"This Website" refers to
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
The Owner allows Users to upload, share or provide their own content to this Website.
By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.
Users acknowledge and accept that by providing their own content to this Website they grant the Owner a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Service in any media or manner.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.
Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.
Users are solely liable for any content they upload, post, share, or provide through this Website.
Users acknowledge and accept that the Owner filters or moderates such content after it has been made available.
Therefore, the Owner reserves the right to refuse, remove, delete, or block such content at its own discretion and to deny access to this Website to the uploading User without prior notice, if it considers such content to infringe these Terms, any applicable legal provision or third-party right, or to otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Service.
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
Content that Users provide to this Website is made available according to the criteria outlined within this section.
Content meant for public availability shall be automatically made public on this Website upon upload or, at the sole discretion of the Owner, at a later stage.
Any personal data, identifier or any other information that Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the published content.
Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.
Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users.
Any personal data, identifier or any other information Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the content.
Users may (and are encouraged to) check on this Website to find details of who can access the content they provide.
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
This Website gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Website.
In order to take advantage of this offer, Users may invite others to purchase the Products on this Website by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once.
If upon purchase of the Products on this Website any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on this Website.
Tell-a-friend codes may be limited to specific Products among those offered on this Website.
The Owner reserves the right to end the offer at any time at its own discretion.
While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.
Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.
To purchase Products, the User must register or log into this Website.
Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.
While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
The offer of Products is nonbinding. In order to complete the purchase, Users are requested to submit a binding order. Only once such order is accepted is the contract concluded.
Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:
When the User submits an order, the following applies:
The rejection of an order shall not entitle the User to bring any claim against the Seller or the Owner, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed:
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.
Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of this Website to learn more about the data processing and Users’ rights regarding their data.
Other payment methods – if any – are independently provided by third-party services. In such cases this Website collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
The payment of the purchase price may be settled in two or more installments, within the deadlines specified on this Website or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.
If Users authorize the PayPal feature which allows future purchases, this Website will store an identification code linked to the Users’ PayPal account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.
Users acknowledge and accept that the purchase of services available on this Website may be subject to further conditions under applicable law, the Terms or any other related document.
Users may be required to provide evidence or declare that such conditions – e.g. being considered an adult under applicable law – are met.
In such situations, failure to meet the conditions set forth by law or contract may make it impossible to perform or deliver the services.
Users have the option to test this Website or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of this Website may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on this Website.
The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Lifetime subscriptions are subscriptions lasting for the entire lifetime of the subscribed Product. Paid lifetime subscriptions start on the day the payment is received by the Owner. They only expire if and when the relevant Product is discontinued.
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
Terminations shall take effect 7 days after the notice of termination has been received by the Owner.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over this Website due to the nature of its offering.
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.
To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Where a User exercises the right to cancel after having requested that the service be performed before the cancellation period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the economic value of the service and be proportional to the part of service provided until the time the User withdraws compared to the full coverage of the contract.
Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of this document and in accordance with the guidelines in this section.
To exercise their right of regret, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before the regret period expires. When does the regret period expire?
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract or the actual return of the product, whichever occurs later. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Where a User exercises the right of regret after having requested that the service be performed before the regret period expires, the User shall pay to the Owner an amount which is in proportion to the part of the service provided.
Such payment shall be calculated based on the economic value of the service and be proportional to the part of service provided until the time the User withdraws.
The legal guarantee applicable to services sold by this Website complies with the following terms, according to the Consumer Protection Code:
The warranty period starts from the end of the performance of services.
The warranty is not applicable in cases of service misuse, natural events or if it has been subjected to any maintenance other than that provided by this Website.
The warranty may be claimed through the contact channels provided by this Website. If applicable, the Owner shall bear the costs of shipping any goods for technical assessment.
The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty.
The regulations applicable to contractual warranties can be found in the specifications provided by this Website.
If no such information is provided, only the statutory provisions shall apply.
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; 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 Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
The Owner will appropriately inform the User of upcoming changes 30 days before they come into effect.
Regardless of the above, any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers in France not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.