Terms and conditions

 

AGREEMENT FOR THE USE OF THE SERVICE OF ELECTRONIC ACCESS TO THE "ETERNIA" PLATFORM

 

A)   - TERMS AND CONDITIONS OF USE OF THE WEBSITE - LEGAL NOTICE

 

  1. DEFINITIONS
  • User: natural person, of legal age, requiring the services covered by this contract and signatory of the same;
  • Vendor: the company providing the service (Giordano Ferrari, as indicated below);
  • Website: space in the Internet network identifier of the Provider ("Eternia" and/or  www.eternia.com  )
  • Credit unit: unit of measure that gives right to use the Website by the User;
  • Recipients: the recipients of the services of Eternia may only concerns Memberships
  • Witness: third party, registered with the "Eternia" Website who, as indicated by the User, has to correspond with the Provider in the event of the former’s absence;

 

  1. FORMATION

2.1 - Generalities, Legal Notice and Acceptance

This document regulates the use of the "ETERNIA" Internet Website to which you, hereinafter referred to as the "User", wish to access, and that the company “Giordano Ferrari", an Italian company, with registered office at Via A. Alberghetti n. 84, 00133 Roma, VAT: 10793621003, represented by the Director and legal representative pro-tempore, hereinafter referred to as the "Provider", makes available to Internet users.

The use of the Website grants the status of "User" and implies full acceptance, without reservation on your part, all of the requirements included both in this "Policy" and in the " Website General Conditions of Use", in force when you access the same, so that if you do not accept the provisions in question, you shall not be authorised to use or access this Website.

The contractual relationship with the Provider and its obligations towards the User does not in any case constitute  a "Web Hosting" contract, and nor shall the Provider be considered the User’s the “Hosting Provider".

The Provider reserves the right to amend these "Terms and Conditions of Use of the Website" at any time, as well as any other general or particular conditions, rules of use, instructions or warnings applicable to them.

Similarly, the Provider reserves the right to suspend, discontinue or terminate the operation of the Website at any time. Therefore, the User is required to read and pay due attention to the content of these "Terms and conditions of Use of the Website", in its entirety, in all circumstances in which the Website is used, since it may be subject to modifications.

All natural or legal persons resident or domiciled in other EU countries or outside the European Union must ensure that access to and use of the Website and/or its content are permitted by their domestic legislation.

The Provider shall notify the User of the following:

  1. that the completion of the contract shall be preceded by the preliminary acceptance of the Terms and Conditions of Use of the Website. The aforementioned "Conditions" shall also be made available by the Provider as a separate electronic, and they may be downloaded by the user;
  1. The electronic document referred to in point a), duly accepted by the User, shall be filed by the Provider and made accessible to the User upon request;
  1. The Provider hereby declares that it shall use the following technical means for the identification and correction of any errors in the data provided by the User;
  1. The language applicable to the contract is Italian.

 

  1. SUBJECT MATTER OF THE CONTRACT

 3.1  This contract concerns the definition of the general terms and conditions with which, on the one hand, the Provider intends to make the Internet services on Website  www.Eternia.com available to the User, and on the other hand, the procedures for access to the network, as well as the provision of the service described herein, is subject to these terms and conditions.

 3.2  The Provider reserves the right to modify the presentation, configuration and location of the Website at any time, as well as the content and the conditions required for using the same.

 

  1. CONDITIONS OF ACCESS

 4.1  The User acknowledges and agrees that access and use of the Website and/or its Content shall take place without impediment and in a conscious manner, under the User’s sole responsibility. Access to the Website and/or its content, does not involve any kind of warranty in relation to the suitability of the portal and/or its content for the particular and specific needs of Users. The Provider may set limitations and/or additional conditions for the use and/or access to the Website and/or its content, which shall in any case be complied with by Users.

 4.2  All information produced and/or provided by the User must be truthful. To this effect, the User guarantees the authenticity of all the information communicated by completing forms necessary for the subscription of services, and access to content or restricted areas of the Portal. Similarly, it is the User’s responsibility to maintain and update such information and/or data provided, so that  the actual situation of the User is correct at all times. In any case, the User shall bear sole responsibility for the provision of false or inaccurate information causes damage and/or prejudice to the Provider or to third parties.

 4.3  Underage persons (considered as such in accordance with Italian Law) must obtain the prior permission of their parents, guardians or legal representatives before using the services. The latter shall be considered liable for all acts carried out by the minors. Adults who are parents, guardians or tutors shall be fully responsible for the determination of the content and services that may be inappropriate for underage persons. To this end, Users are advised that, given that Internet makes it possible to access content which may not become unsuitable and/or appropriate for underage persons, there are mechanisms, in particular, computer programs that filter and/or block content, which allow the limitation of access to content. Even if they do not fully ensure these constraints, they are very useful for controlling and restricting access to content by underage persons.

 

  1. AUTHORISED USE OF THE PORTAL AND ITS CONTENT

 5.1  The User undertakes to use the Website and its content in an appropriate and lawful manner, in accordance with the provisions of relevant legislation, these terms and conditions of use of the Website, generally accepted morality, good practice and public order.

 5.2  The User shall refrain from:

  1. Unauthorised or fraudulent use of the Website and/or its content for illegal purposes, prohibited by this "Legal Notice", injurious to the rights and interests of third parties, or which in any other manner may damage, render useless, overload, deteriorate or impede the normal use of the Services, computer equipment or documents, files and all types of content stored in any computerised system.
  1. Accessing or attempting to access restricted sources or areas of the Website, without complying with the conditions required for such access;
  1. Damaging the material or logical systems of the Provider, its suppliers or third parties;
  1. Introducing or spreading computer viruses or any other material or logical system that is likely to cause damage to the Provider's system or third parties;
  1. Attempting to access, use and/or manipulate the data of the Provider, third parties or other users;
  1. Reproducing or copying, distributing, allowing public access through any means of public communication, transforming or modifying the content, without authorisation from the owner of the relative rights or unless the User is legally permitted to do so;
  1. Suppressing, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of the Provider or third parties in any of the content, as well as technical protection devices or any information mechanisms that may be installed in the content;

 5.3  In particular, for example purposes, while being aware of the fact that the Provider cannot exercise any preventive control on the legality of the content placed on the Website by Users, the User agrees not to send, disseminate or make available to third parties, any information, data, content, messages, graphics, drawings, sound recordings and/or images, photographs, recordings, software and, in general, any material that:

  1. Is in any way contrary to, injures or affects the fundamental rights and public freedom constitutionally recognised in international treaties and in other rules under Italian law;
  1. Induces, incites or promotes actions, deeds or thoughts that are discriminatory and/or criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good practice and public order;
  1. Has child pornography content;
  1. Provides instructions or discloses the packaging and/or production of explosive materials or weapons of any kind;
  1. Discloses or allows the disclosure of trade and/or military secrets or data, information and/or communications of national interest and/or related to the proprietary rights of third parties;
  1. Discloses or which contributes to the disclosure of instructions and/or indications of a eugenic and/or bioethics nature that may offend the conscience of the third party message recipients;
  1. Contains so-called "sensitive" data belonging to third parties, the disclosure of which could cause them damage and/or serious loss.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 6.1  The User acknowledges and agrees that all intellectual and industrial property rights in regard to the  Services,  Content and/or any other material incorporated into the Website (for example, brand names, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentations, audio and video systems) belong to the Provider and/or third parties. In no case shall access to the Website imply any type of waiver, transmission, license or total or partial transfer of such rights, unless expressly stated otherwise in these "Terms and Conditions of Use of the Website", and shall not grant the User any other rights in regard to the use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its content except as expressly provided. Any other use or exploitation of any rights, including those mentioned herein, shall be subject to the prior and express authorisation for this purpose by the Provider or third party owner of the rights in question.

 6.2  The Provider authorises Users to use, view, print, download and store the content and/or the items on the Website solely for their personal, private and non-profit related use, provided that in each case the User indicates the origin and/or authorship of the content and that, in each case the copyright symbol and/or record of the industrial property of the owners is included. In this regard, the Provider declares to be the owner of the "ETERNIA" CTM, registered with no. 011381357. It is expressly forbidden to use such elements, or reproduce, communicate and/or distribute them for commercial or lucrative purposes, or to modify, alter or delete them., The User must obtain the prior written consent of the owner of the rights in question for any other uses other those mentioned above.

6.3 It is agreed that the content, data, digital and non-digital material, issued by the User does not assign any rights to the Provider in regard to its availability and/or use, since the User does not transfer any intellectual property rights and/or authorise their exploitation for commercial purposes due to the mere fact of entering such content on the Website.

 

  1. DISCLAIMER OF WARRANTY AND LIABILITY

 7.1 The website and its content are made available to the User in the condition they are in and in accordance with their legal status , without undertakings, warranties or conditions of any kind, express or implied, including - without limitation - the representations, warranties, or conditions of merchantability or fitness for a particular use and/or purpose The mere fact of making the Website available does not mean that the Provider undertakes or warrants that the contents can satisfy needs other than those described in this contract or that their use will be uninterrupted or error-free.

 7.2  The Provider does not guarantee the availability and continuity of the functioning of the Website or other Websites that may be accessed from it via "Links"- Similarly, the Provider shall not be held in any way be held liable for any damage or loss which may result from:

  1. The lack of availability or accessibility of the Website or other websites that may be accessed from it via "Links";
  1.  Security systems of other websites linked via hyperlink, or which are direct accessed from the "Eternia" Website, web logs, comments on a log or any forum on the Website The User acknowledges and agrees that the Provider cannot be held liable for the material contained on other websites linked via hypertext link that give direct access to the "Eternia" website;
  1. The interruption of the Website’s functioning, or computer faults, connection failures, delays or blockages caused by deficiencies or overloading of the Internet or other electronic systems;
  1. The Website’s unsuitability for the specific needs of Users and other damage that may be caused by third parties through interference of others not authorised by the Provider or outside of the latter’s control.

 7.3  With the aim of reducing the risk of introducing viruses in the Website, the Provider uses search and virus identification programs to control all the content installed therein. However, the Provider does not warrant the absence of viruses or other elements introduced into the Website by third parties unrelated to the Provider that may cause alterations in the physical and logical systems of Users or in the electronic documents and "databases" stored in their systems As a result, the Provider shall in no event be liable for any damages or loss that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of users. Similarly, in no event may the Provider be held liable for damage and/or loss that may originate from acts of piracy (activities carried out by hackers, spills, transmissions or other intrusions in security systems) or force majeure;

 7.4  The User shall be solely responsible for any loss, direct or indirect, material or immaterial that may occur due to the content of data, information, documents and anything else that the User decided to place in his/her assigned account. Similarly, the User shall be solely liable for any damage and/or loss to the Provider and/or third parties by reason of the unlawful use of electronic means;

 7.5  The Provider shall not be  liable in cases of force majeure or due to the occurrence of mandatory events beyond its control, especially in the event of a breakdown in communication ordered by the governmental authorities of the country where the Provider has its registered office or from those in the domicile of the User, faults related to the reception equipment or connection line, or loss of data sent through the "Eternia" platform not due to defects in maintenance and/or the Provider’s inefficiency.

 7.6  The Provider disclaims all liability in the case of use of the services that is inconsistent with this contract.

 7.7  The Provider may not be held liable in the event of judicial measures taken against the User based on the latter’s non-conforming use of the Services covered by this contract. In this regard, the general non-disclosure undertaking in relation to material placed by the User in his/her "account" may not be applicable to the Provider in the case of a request by the judicial authorities in relation to legal proceedings against the User, provided that such a request complies with Italian law or specific restrictions imposed under international treaties to which Italy is a party, or by specific provisions adopted by the EU (European Union).

 7.8  The User is solely liable for the material placed in his/her "account". The User agrees to hold the keys to access the "Eternia" system and not disclose them to third parties.

The consultation of messages, as well as the content of the materials entered into the Website, as well as their deletion and/or variation of the content is fully the responsibility of the User.

 7.9  The Provider undertakes to take all measures at its disposal to ensure the user may access the Services. The parties agree that if the liability of the Provider proves to be compromised and/or attenuated during the execution of this Contract, the User may not claim any indemnity or other compensation for damages or repayment for other damages apart from the repayment of any residual or unused "credits.

 7.10 By signing this agreement, the User grants permission to the Provider to carry out the appropriate interventions for the maintenance of the Website or those that the User may request in relation to the "Eternia" accounts. These actions shall involve visible features of the product (such as the thumbnail photo and previews of documents, etc.), and the authorisation in question is granted for the sole purpose of ensuring the proper functioning of the Website as well as the appropriate use of the content entered by the User.

 

 

 

B)  - EXECUTION OF THE CONTRACT -

 

  1. DURATION OF AGREEMENT

 8.1  This contract shall remain in force for one year and may be renewed for a similar period, on a case-by-case, by tacit renewal, except in cases of termination and/or withdrawal in accordance with the provisions of  clause 18.

 

  1. COST/PRICE OF SERVICE

 9.1  The  cost/price of the service is determined in proportion to the "  ETERNIA  CREDITS" acquired by the User, the unit cost of credit is € 0,035 VAT included, to be paid at the time of purchase in accordance with the terms and conditions specified in the specially reserved web page of the "Eternia" portal. Also, with the first enrolment/registration, the Provider shall grant the User - at no cost and for promotional purposes - 300 "credits" that the latter may use while the contractual relationship is in force, as well as those he/she purchases.  Payment may be made by credit card or PayPal or online payment accounts or by bank wire transfer with the bank details (IBAN) indicated by the Provider. In no event shall the Provider be held liable for payments that are not made by the owner of the credit card or online account or bank account in the case of payment by bank wire transfer, and nor shall the User be entitled to reimbursement for the above-mentioned sums.

 9.2  An invoice showing the tax and identification data of the User shall be issued after payment is received. The User is required to communicate to the Provider - without delay - any changes in these data that may take place while this contract is in force.

 9.3  Failure to pay the fees shall result in the non-activation of the Services,  without the User being entitled to make any claims in this regard.

 

  1. ACCESS TO THE SERVICE

 10.1  Access to the platform is possible on a 24 hour basis each day of the week except in cases of force majeure or the occurrence of an event outside of the Provider’s control, as well as for necessary maintenance interventions on the Website in order to ensure the proper functioning of the Service and the materials entered by the User.

 10.2  The Provider shall not be held liable, under any circumstances, for the use that Users and/or third parties may make of the Website or its content, or for any loss that may result from it. The Provider has no obligation to monitor or control the use that Users make of the Website and services In particular, the Provider does not warrant that Users use the Website, services and content in accordance with this contract, and thus, with the particular conditions applicable to it, or that they do so in a diligent and prudent manner. The Provider has no obligation to check and does not check the identity of Users or the accuracy, validity, completeness and/or authenticity of the data they provide in regard to themselves to the Provider and to other Users.

 10.3  The Provider disclaims all liability for damage or loss of any nature whatsoever resulting from the use of the Services and content by users, or damage that may result from the lack of veracity, validity, completeness and/or authenticity of the information that users provide in regard to themselves, and in particular, although not in exclusive terms, for loss or damage of any kind that may result from the misappropriation of the personality of a third party carried out by a user in any type of communication provided through the portal.

 10.4  In cases of special requirements related to data security or emergencies that may endanger the storage and/or use of said data, the Provider may automatically suspend the provision of the Services. For preventive purposes, the Provider shall take all appropriate technical measures to limit, as far as possible, the disruption to users. "Emergencies related to safety" means the circumstances arising from the improper use of the Services that may cause an interruption or damage to the infrastructure, or the discovery of access to the Website by unauthorised third parties.

 10.5  By signing this contract, the Provider grants the User, who accepts, albeit within the limits of the credits he/she has purchased, the right to access the "Eternia" platform through his/her own computer.

 10.6  The use of the software program provided by the Provider constitutes acceptance by the User of the restrictive user license conditions in relation to "Eternia" know-how and the brand, which may in no circumstances be held to be transferred to the User as a result of this Contract.

The rights arising from access to and use of the Services agreed upon herein should not be considered granted as an exclusive right to the User, and nor may the -  latter  transfer said right.

Access to the services provided by the Provider shall be possible from the moment in which the User has confirmed his/her subscription to the Website.

 

  1. USE OF THE CONFIDENTIALITY CODE

 11.1  The elements that allow the User to be able to identify and access the "Eternia" service are personal and confidential, and cannot be changed without a written instruction from the User, which is also applicable to the content of data, documents and other digital material that the User wishes to file in order to subsequently send them  to third parties indicated by the User,  via the automatic mechanisms of the "Eternia" Portal.

 11.2  The User may request  the communication of personal information concerning him(her from the Provider and modify and/or amend them as appropriate.

 11.3  The User undertakes to maintain the elements of its electronic identification obtained from the "Eternia" system as required by this Contract, and not to disclose it to any third parties in any manner or in any format.

In case of loss or theft of any of the User’s identification elements, the latter must inform - as soon as possible - the Provider, who will arrange for their immediate cancellation.

The new identification elements shall be sent to the User by e-mail at no additional cost.

It is agreed by parties that the use of the identification elements, as well as the content concerning the User stored in his/her '"account", shall be his/her sole responsibility.

In this regard, the User declares that he/she is aware of the fact that each subscriber to the "Eternia" service has personalised access to the electronic platform and, therefore, must be the only person to use it.

Any attempt to use the same access code that is simultaneously in use from different places and/or locations may result in the suspension and/or cancellation of the service by the Provider, By signing this contract, the User hereby acknowledges the aforesaid right of the Provider.

In the event that the person using the services covered by this Contract is someone other than the contracting User who has not been granted  special permission to access or use the service, the Provider shall be entitled to suspend and/or cancel the provision of the services and unsubscribe the User, without prejudice to the right to take legal action against the contracting party.

 11.4  The Provider does not edit the third party content published on the Website and, therefore, does not warrant or accept responsibility for the legality, correctness, usefulness, truthfulness, accuracy, completeness and topicality of this content. The Provider shall not in any event be liable for any damage or loss that may result from the content due to:

  1. Lack of lawfulness, confidentiality, usefulness, truthfulness, exactness, exhaustiveness, and/or actuality of the content originated by third parties;
  2. The inadequacy for any reason and misleading expectations generated by the content;
  3. Decisions or actions assumed or avoided by the User based on the information or data facilitated or provided by the content, including, without limitation, loss of profit or business opportunities.

 

  1. RULES FOR USING THE SERVICES

 12.1  The User declares that he/she accepts the specific characteristics and limitations of the "Eternia" platform, as well as the procedures for using the services, and the characteristics of lawfulness which the digital content entered in the Website by the same must in any case comply with. In particular, the User acknowledges:

  1. that the custodial,  data and documents storage and messaging services provided to the User when using the "Eternia" platform, within the limits of the "credits" purchased by the latter, as well as the conditions for renting this electronic space as agreed herein, shall be provided by the Provider at the express request of the User;
  1. that the Provider shall not take any responsibility in relation to the content of the data, information and/or documents entered by the User/Customer in electronic space reserved for him/her, since no checks are carried out on the legality, nature and characteristics of the content of the data entered for the purpose of custody, storage and/or transmission to third parties by the User/Customer;
  1. that some content and the messages that the user intends to send and/or receive, to himself/herself or to third parties/recipients, are predetermined by the User and undertaken via automated mechanisms (e.g.: date, post vitae, etc. );
  1. that it is the User's responsibility to indicate, when the Contract is signed or within 15  days from that date, at least one "Sponsor", to be found and identified among "Eternia" Website subscribers.
  1. that the User declares that he/she is aware of the nature of the Internet network to which the platform "Eternia" is connected, and in particular its technical performance limits, as well as the response times for consulting, querying, transferring information and/or data entry ;
  1. that, although the material entered by the User is adequately protected by the Provider, the use of Internet electronic circuit is not currently completely protected against the attacks of the so-called "hackers" and that therefore the User’s communications that regard his/her passwords, confidentiality codes, sensitive data, and anything else that may be personal to the User is at the latter’s own risk;
  1.  A necessary condition to act as the "Sponsor" referred to in paragraph d) above is to be registered on the "Eternia" portal as a "User". The User indicated as a sponsor must give his/her consent to the acceptance of the nomination made by the third party User. In addition to the provisions of this Contract concerning liability deriving from being a User, the Provider assumes no liability with regard to data, news and/or information entered by the User in the portal with respect to which the sponsor has not - promptly – declared to be groundless or untruthful or did not deem it necessary to intervene to promptly rectify the same.

 12.2  The Provider undertakes not to:

  • require Users to provide data for advertising purposes and to send advertising of any kind or communications for the purpose of sale or other business without having obtained prior written consent from the latter;
  • Send any other messages to a large number of people without a specific request or consent;
  • Send sequences of unsolicited e-mail without a specific request or consent;
  • Use distribution lists which can be accessed through the Services;
  • Make available to third parties, for any purpose, data acquired through a request, including the distribution lists, which do not have the prior consent of those concerned.

Notwithstanding the foregoing, it is agreed that those who subscribe to the "Eternia"  Website may receive notification from the Provider, both periodically  and on a one-off basis,  regarding    system information and/or management services,  as well as any other communication that the Provider deems appropriate for the improvement of  the portal.

 

  1. CONDITIONS OF USE OF THE MESSAGING SERVICES

 13.1  The following are the main functions of the "Eternia" messaging services provided for the User:

  • entering a message, data, digital document (photo, audio, video or diaries, etc.) belonging to the User and using the automated mechanisms for transmission to third parties indicated by the User;
  • change and/or deletion, at any time, of previously entered content;

 

  1. MAINTENANCE OF THE WEBSITE

 14.1  Maintaining the functionality of the platform is the responsibility of the Provider. However, the latter shall not be held liable for any temporary service interruptions due to maintenance. If the above-mentioned events occur, no compensation shall be due to the User

 

  1. CLAIMS/COMPLAINTS

All complaints shall be made in writing and sent to the Provider’s "Customer Service Department", by e-mail at [email protected].

 

  1. AMENDMENTS

 16.1  The User may not transfer or assign all or any part of the rights and obligations under this Contract or be replaced by a third party in the performance of the obligations assumed herein without the prior and express consent of the Provider.

 16.2  The Provider reserves the right to amend this agreement after informing the User through publication of a notice on the Website. If amendments made by the Provider do not meet the approval of the User, the latter may  withdraw from the Contract by giving written notice, to be sent by e-mail at [email protected]. Upon receipt of notice of termination, the Provider shall delete the User’s "Account", and thus the data included therein. In the absence of a declaration of withdrawal within the above-mentioned deadline, the changes made shall be deemed accepted by the User as additions to the original contract.

 16.3  The transfer of this Contract by the Provider to third parties shall be permitted, as well as the transfer and/or disposal of the same when this regards structural changes in the Provider’s company, such as mergers, spin-offs, transfers, business rental or sale of a business unit.

 

  1. CASES OF FORCE MAJEURE

Neither of the Parties shall be considered in breach for non-performance or delay in the performance of obligations under this Contract due to circumstances regarding the other party as a consequence of a force majeure situation usually accepted under Italian law.

A force majeure situation shall suspend the obligations arising under this Contract while it is in force. However, if the force majeure situation continues for more than 30 consecutive days, this shall entitle the termination  ipso iure  of this Contract by either party. The effectiveness of the termination shall be subject to prior written notice, to be sent with at least 7 days’ notice by the party wishing to terminate this Contract.

 

  1. CAUSES OF WITHDRAWAL

 18.1  In addition to the provisions of clause 16.2, the User may withdraw at any time after sending an e-mail to the Provider at [email protected] and with the simultaneous identification of the User. Credits that have been purchased but not used at the time of the declaration of withdrawal shall not be refunded and the Provider shall not owe anything else to the User.

 18.2  In case of breach and/or non-compliance by one of the parties to this Contract that may be committed while it is in force, and in the absence of appropriate remedies offered by the defaulting and/or non-compliant party, despite the deadline defined by the other party for compliance, the party who has suffered the breach or non-compliance shall be entitled to terminate this Contract by sending a written communication - with acknowledgment of receipt - with at least one month's notice from the request for compliance. Furthermore, the Provider reserves the right to withdraw from this Contract without notice or compensation in the event of non-compliance by the User of the clauses, terms, procedures and conditions attached hereto.

 18.3  The Provider may terminate this Contract in the following circumstances: due to any act of piracy by third parties or attempted illegal use of the information, messages, data, and/or the material entered by the User; if the User fails to comply as established in clause 12; breach of the terms of payment of fees. Should the Provider ascertain any of the above assumptions this shall, in addition, result in the immediate interruption of access to the Service.

 

  1. PARTIAL ANNULMENT

 19.1  The declaration of nullity of any of the terms and conditions, and their invalidity or unenforceability, shall not invalidate the validity or enforceability of any remaining provisions, which shall therefore remain binding on the Parties.

 19.2  The waiver by the Provider of compliance with any of the provisions defined herein, or any tolerance of non-performance thereof by the User, shall not constitute a general waiver of full compliance with all other conditions, and nor shall it result in an entitlement  ipso facto  for the User.

 

  1. APPLICABLE LAW - JURISDICTION - ARBITRATION CLAUSE

 20.1  This Contract is regulated by Italian law

 20.2  In case of a dispute in regard to the interpretation, application and implementation of any of the provisions of this Contract, the Parties hereby agree to submit the same to the mediation procedure. In the event that an attempt to reach an amicable settlement of a dispute does not produce a positive outcome for both Parties, the same shall undertake to submit the matter to arbitration, constituted and regulated in accordance with the rules.

 

 

Official correspondence must be sent via postal mail to:

Giordano Ferrari
Via A. Alberghetti n. 84
00133 Roma

 

Eternia Customer Support

https://www.eternia.com/en/contact