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Terms and Conditions

General Terms and Conditions for the supply of Pubtech Services sold online

Version 1.0 – September 2021 

BY AND BETWEEN

- Pubtech s.r.l., with registered office in Via Boccaccio 2, 70021, Acquaviva delle Fonti (BA), VAT number IT08555260721, telephone +39 02 40706491, email [email protected] (hereinafter "PUBTECH")

AND

- the User, of full legal age, requesting PUBTECH’s Services as offered to the public on the Internet Site https://www.pubtech.ai

(hereinafter the “User”)

RECITALS:

  1. PUBTECH is a company which operates through Internet and is the owner of a website under the domain name https://www.pubtech.ai (hereinafter “the Site”), in which it primarily makes available to the public a banner and cookie management service (with the related consent options) for its Users, providing technical instruments to assist with mandatory legal procedures relating to websites, in addition to other services as described in the website and related FAQ.
  2. In order to perform the aforementioned Services, PUBTECH places at the disposal of the User an electronic system which may be activated by means of a specific form on the Site; this system includes logical devices and software for managing contractual relations to be able, by way of non limiting example, to place orders for physical services to be subsequently sent to the User placing a purchase order.
  3. These contractual terms and conditions therefore represent the general conditions applied to all services offered online (hereinafter the “Services”) on the Site, unless specifically indicated otherwise.
  4. Performance of the operations depends on the User correctly using internet, the computers and software involved.
  5. PUBTECH has title to or has acquired all such rights and authorisation as may be necessary for the sale of the Services to the public.
  6. The User declares that he/she is of full legal age and able to fully and freely exercise his/her rights provided for under law as required for entering into this agreement, such as for example being in full possession of their faculties and legal capacity to act.

THE PARTIES HERETO AGREE AS FOLLOWS

ARTICLE 1 - EFFICACY OF THE RECITALS, ANNEXES AND THE PRIVACY POLICY STATEMENT 

1.1 The recitals, contractual Annexes and the Privacy Policy Statement constitute an integral part of the Agreement in the same way as the other clauses.

ARTICLE 2 - DEFINITIONS

2.1 For purposes of this Agreement, the Parties agree and represent that they wish to assign to the terms set forth below the meaning specified singularly for each one of these:

  • Subscription: method for subscribing to certain Services available to the User; in such case, payment by the User is followed by provision of the specific service for the agreed period (from the payment date), with automatic renewal at each expiry date, using the same payment method; by means of specific functions in the private area of the Site, the User may cancel their subscription, with the effect that – upon expiry of the related period – renewal and the related Services are interrupted; should the payment method not be available for periodic renewal, the Services may be suspended by PUBTECH until the balance is received;
  • Consumer: the User who acts for purposes unconnected to any entrepreneurial or professional activities performed.
  • Agreement: this agreement entered into by the User and PUBTECH.
  • Registration Data: the User’s data entered to complete the registration forms contained in the Site, in order to gain access to the Site Services.
  • Order: the specific Service purchased by the User through the Site, as confirmed by the User prior to sending same electronically to PUBTECH.
  • Service: all the Services for sale to the public by PUBTECH through the Site, as presented in the related online forms, which may include certain digital content licensed to the User (for example software).
  • Site: the website registered under the domain name as per the recitals and adopted by PUBTECH for the sale of the Services to the public.
  • User: the User who is of full legal age, registered on the Site and who places an Order through the Site.
  • Registered User: User who accesses the Site and who is identified by means of a unique password and User ID provided through a previous registration procedure, as a consequence being entitled to access the Services as indicated in the Agreement; the User may be “paying” should he/she have subscribed for a subscription service, or “free” should he/she not have subscribed for such subscription service and uses the basic Services illustrated in the Site FAQ free of charge.

ARTICLE 3 - CREDENTIALS AND AUTHENTICATION. USER CONDUCT

3.1The credentials for accessing the Services covered by the Agreement and the related Annexes are assigned to the User upon online registration by means of a specific form on the Site, confirmed by email following registration and comprise: (a) an identifier code corresponding to the email address and (b) a password identification of at least 6 characters and up to 50 alphanumeric characters, chosen by the User. The email address and the password chosen upon registration can be modified by the User at any time and without any limitations. The registration form includes a series of mandatory information (indicated hereinafter with “*”) and optional information, namely: name and surname* or any corporate name*, email*, password* website URL*; following subscription for the Services the following may be requested: date of birth, registered office/residence, invoicing address, destination code (electronic invoicing), VAT number, tax code, certified email (electronic invoicing).

3.2 The Services offered by PUBTECH are personal and upon being assigned the credentials the User accordingly undertakes to diligently look after and protect them, not to disclose or provide them to third parties and to ensure that they remain confidential, in order to prevent any unauthorised access. Regardless of the causes, including theft, should the credentials come to the attention of third parties, the User is under an obligation to immediately advise PUBTECH so that it may proceed to replace them. Should the User no longer be able to access the Site by entering their Registration Data, or be unable to modify their password, they must immediately give notice of the problem, using the contact information on the Site

3.3 The User incurs full personal liability for all data entered in the registration form fields and for all related consequences of any false declaration. Should the information declared by the User in the registration form prove to be false, PUBTECH reserves the right not to enable or to disable access to the Sites and Services relating to the User, without any obligation to give warning or to provide the reasons and without prejudice to its right to take any legal action appropriate to the case.

3.4 All the data provided by the Purchasers through the Site shall be processed by PUBTECH as indicated in the page entitled “Privacy” on the Site.

3.5 The User is prohibited from providing PUBTECH with false data and/or fictitious data and/or third-party data, in the registration procedure required for initiating the process to perform the Agreement and the additional related communications. The User is also expressly prohibited from performing multiple registrations for the same person or registering third-party data. The User indemnifies PUBTECH and holds it harmless from and against all liability arising from errors or falsehoods as to the data provided, as the User alone is liable for correctly entering such data.

ARTICLE 4 - ENTERING INTO THE ONLINE AGREEMENT – AMENDING THE AGREEMENT 

4.1 All Users who have obtained the authentication credentials as indicated in article 3 may access the sales services offered to the public by the Site; should the User have failed to complete registration, he/she shall be considered a nonregistered User and may nevertheless place Orders.

4.2 Acting through the Site, the User may place the Order for the Services by means of the specific online form. The Order shall be considered as being an essential Annex to the Agreement and shall have the same effectiveness. The Registered User may then enter their own private area and may access all the available options.

4.3The User shall therefore complete this Order, following the instructions on the screen, as well as what is described in the specific area of the Site. More specifically, the Order procedure assures the User the possibility of checking at any time prior to final confirmation, the accuracy and completeness of the data entered (in addition to the technical means made available for any corrections), and the technical stages to be followed for completion of same.

4.4 The Agreement entered into between PUBTECH and the User shall be considered finalised when the Order forwarded by the User – in accordance with the purchase procedure indicated on the Site in the specific area – arrives at the Site’s electronic address. The Order sent by the User shall only be effective and binding on PUBTECH if the entire purchase procedure has been duly and correctly completed, without any error messages being displayed by the Site. 

4.5 By forwarding the Order to PUBTECH, the User represents and warrants that he/she has viewed all the information provided during the purchase procedure and accepts this Agreement in full, inclusive of annexes.

4.6 PUBTECH reserves the right at any time to amend these contractual conditions by means of a communication through general notification to Users published on the Site. In order to render such amendments fully binding, they shall only be deemed accepted by the User and only fully binding on the User if the latter accepts them through the Site, upon the first login. However the previous contractual conditions shall remain in force with regard to Orders placed in accordance with same,

ARTICLE 5 - ONLINE PURCHASE PROCEDURES

5.1 The User may only purchase the Services present in the Site catalogue when sending the Order, as described in the related technical/informational specifications. The Order may not be placed for Services which, though present on the Site, are indicated as unavailable. The technical support information must be considered as simple indicative informational material, unless otherwise specified.

5.2 Correct receipt of the Order is confirmed by PUBTECH by means of notification sent by email to the email address provided by the User when registering on the Site. The notification containing confirmation will state the identifier number, the date and time when the Order is placed, information as to Services purchased, the related price, the data provided by the User for invoicing purposes, the payment method selected by the User and a summary of the general terms and conditions of sale. The User shall promptly check the contents of the notification and shall immediately report any errors or omissions to PUBTECH.

ARTICLE 6 - ONLINE ORDERS

6.1 The Order may only be validly placed by Users who have accepted this Agreement. The stipulation of every single Order shall be considered as a single Annex to the Agreement, and shall have the same effect. It is agreed that any event relating to the single Order (by way of example, termination, withdrawal, amendment etc) shall be effective – unless otherwise indicated by PUBTECH – solely with regard to the Order itself, without any effect on the general validity of this framework Agreement, previously concluded.

6.2 Every Order shall be considered finalised once the data requested in the Site form has been selected and entered, after confirming the data requested in the summary screen (inclusive of the possibility of correcting and amending the information) through selection by specifically ticking the confirmation checkbox (inclusive of processing of personal data in accordance with the privacy policy statement) and lastly by clicking the acceptance button or similar phrasing which indicates acceptance, by reason of the fact that it represents the expression of consent. In the event of a free User, the button shall only be for acceptance, without any payment obligation. If such acceptance is successful, a screen will appear confirming the Order, inclusive of a summary of the conditions accepted. Concurrently, a confirmation email will also be sent to the User summarising the accepted Order.

6.3 The Order form viewable on the screen prior to acceptance contains a summary of the information as to the characteristics of each Service requested and the related price, the payment methods which may be used to purchase it and the methods for providing the purchased Services, any applicable costs and tax items, and conditions for exercising the right of withdrawal, if applicable. 

6.4 The above is specified in greater detail, including detailed methods of execution, in the Site FAQ menu, to be considered as an integral part of the Agreement.

ARTICLE 7 - CONSIDERATION 

7.1 Registration on the Site and acquisition of the authentication credentials on their own do not require payment from the User. However the Services may be activated from time to time, according to the various fee plans indicated in the Site FAQ, with the specific related Subscription.

7.2 The prices of the Services which can be purchased by the User through the Site are clearly indicated on the Site and are to be considered inclusive of VAT and any other applicable tax, also specified, representing an offering to the public pursuant to article 1336 of the civil code. 

7.3 The data relating to the price and availability and characteristics of the Services stated in the Site are subject to change without any warning, so the User is asked to check this data prior to placing every Order.

7.4 The purchase price, formed by the price of the Services (inclusive of tax) and shipping costs, shall be indicated in detail in the draft Order to the User, prior to confirming and proceeding, in order to allow the User to check and, if need be, make any amendments. The fee shall be paid to PUBTECH in the manner chosen by the User when placing the Order, if there are several methods available; in all cases, it is possible to pay by means of credit card as the basic method.

ARTICLE 8 - PAYMENT METHODS

8.1 Payment is possible by means of the forms indicated in the Site FAQ, which may be managed by third parties. PUBTECH does not directly acquire User payment data (for example IBAN, credit or debit card numbers etc) which are managed exclusively by the aforementioned third parties under their own responsibility.

8.2 In the event of purchase of the Services using the credit card payment method, concurrently with conclusion of the online transaction, the related company issuing the card shall charge the amount for the purchase. 

8.3 PUBTECH incurs no liability for any fraudulent or unlawful use made by third parties of credit cards, and other payment methods, as under no circumstances whatsoever does it come into contact with the payment data used (credit card number, name of the holder, password etc).

ARTICLE 9 - INFORMATION ON RIGHT OF WITHDRAWAL.  CANCELLATION OF REGISTRATION, EXPRESS TERMINATION OF THE AGREEMENT

9.1 If the User is a natural person who enters into the Agreement as a Consumer pursuant to article 3 of Legislative Decree 206/2005 (in other words for purposes unconnected to any entrepreneurial or professional activities performed), they are entitled - without being under any obligation to provide reasons therefor and without suffering any penalty - to exercise the right to withdraw from the Agreement within 14 (fourteen) working days of the date on which Product is delivered. 

Notwithstanding this, PUBTECH always acknowledges the User’s right to withdraw from the Services purchased, without any time limit or obligation to provide reasons, by means of the specific functionalities on the Site or other procedures as indicated in article 9bis below. In the case of a paying User, their registration shall remain valid until the end of the related subscription period; in the event of a free User, they may simply remove the code for the Services offered by their website to interrupt use with immediate effect.

Such User is also entitled to a right to return in the event of a non-conformity defect, as indicated in greater detail in article 11 below with regard to the legal warranty.

In all cases, the right of withdrawal is exercised without any cost. In addition to the right of withdrawal, rules governing contracts may grant consumers the right for example to terminate the Agreement in the event that any information is missing.

9.2 Irrespective of the aforementioned right of withdrawal provided for by law, the Registered User is always entitled to cancel their registration with an account on the Site, by sending an email with “Cancellation Request” in the subject line or by means of specific functionalities in their own private area in the Site, without any requirement to provide reasons. PUBTECH shall eliminate the User’s data from its own database of Users, subject to the conditions provided for in the privacy policy statement. Under no circumstances may the cancellation request be considered as a withdrawal from Orders or requests for Services made previously from/for PUBTECH.

9.3 PUBTECH may terminate this agreement and any and all other agreements arising therefrom with the User (for example single Orders) under article 1456 of the civil code, in the event of failure by the User to comply with the provisions of 3 and/or 12 and/or 14 of the Agreement, without prejudice to PUBTECH’s right to payment of any fees accruing to it by the date on which the Agreement is terminated, and without prejudice to PUBTECH’s right to claim for possible damages.

9.4 In the event of withdrawal/termination of the Agreement for any reason whatsoever, the User’s personal data shall continue to be stored subject to the limits of the purposes indicated in the related privacy policy statement.

ARTICLE 9BIS - WITHDRAWAL PROCEDURES AND FORM

9bis.1 Users intending to withdraw from the Agreement or from a specific Service which has been activated may comply with the procedures and options provided for in their own account on the Site.

9bis.2 As an alternative, the User may send a specific notification to PUBTECH, to the above addresses, also using the facsimile of the form set forth below, printed in hardcopy form or on another durable storage medium (for example email), addressed to “PUBTECH srl, Via Morimondo 26, 20143 Milano (MI) - The undersigned ______________ in its capacity as ________________ hereby gives notice of its intention to withdraw from the following Order/Agreement for the provision of Services: _________________, Order placed on __/__/______, (the undersigned’s general information) ________________, registered office/residence/domicile _______________, date __/__/_______”.

ARTICLE 10 - LIABILITY INCURRED BY PUBTECH

10.1 PUBTECH declines all liability for errors, omissions, interruptions, cancellations, defects, operational delays or forwarding delays, malfunctioning of lines of communication, theft, destruction, unauthorised access or alteration to any communication made by Users (be they registered or not), also with regard to any technical problem or inconvenience affecting networks or telephone lines, online processing systems, servers, IT equipment, software, email errors or errors in reproduction software due to technical problems or high traffic on Internet involving the Site Services or a combination of same. More specifically, PUBTECH accepts no liability for any fraudulent or illegal use by third parties of credit cards or other payment methods, provided it demonstrates that it has adopted all possible precautionary measures in accordance with a standard duty of care.

10.2 The Site Services are provided “on an “as is” basis or otherwise according to technical availability; PUBTECH does not guarantee ongoing, secure provision free of errors or interruptions; PUBTECH provides no warranty or promise that specific results will be achieved following use of the Services, in addition to what is set forth in the Agreement.

10.3 PUBTECH limits itself to providing an array of Services to the User, subject to the conditions provided for herein and as per the Site FAQ, to be implemented in order to favour compliance by websites managed by the User with applicable laws and to obtain its own users’ consent. The User incurs sole liability for setting up and implementation of these Services merely providing IT infrastructure, and consequently ensuring compliance with applicable laws – also deriving from the numerous setting options available to the User, from the texts usable by the User for requesting consent to provide information and from case law decisions and legislation applicable to the areas covered by the User. If the User believes that certain options of the Services are not lawful or applicable to its own case and context, it must deactivate them or refrain from using them, at its own personal discretion, indemnifying PUBTECH and holding it harmless from and against any related third-party claim. Under no circumstances whatsoever may use of the Services replace professional legal advice on the subject or a necessary ongoing updating process as to the legislative and regulatory reforms applicable to the User’s activity.

ARTICLE 11 - LEGAL WARRANTY AND ASSISTANCE

11.1 All the Services sold by PUBTECH are in all cases covered, provided that the User is a “Consumer” (or otherwise a natural person acquiring the goods for purposes unconnected to any entrepreneurial or professional activities performed, by making the purchase through the Site without indicating in the order form a VAT number), by the legal guarantee covering non-conformity defects when they include the use of software or other movable property, as per article 128 – 135 of Legislative Decree 206/2005. In order to obtain assistance under the warranty, the User must retain the invoice received upon provision of the Services. 

11.2 The legal warranty in favour of the User who is a Consumer covers non-conformity defects existing when the product is delivered (for example access in the case of software), which manifest within two years of such delivery (or provision of the service). In all cases, any action to claim the existence of defects which are not maliciously concealed by the seller, is time-barred within the maximum time limit of 26 months (24 months plus 2 from the date on which the defect is discovered) from the delivery of the product. In the case of non-conformity defects, the User who is a Consumer is entitled to have the product returned to its original state, without any expenditure, through repair work or replacement, or otherwise is entitled to an appropriate reduction in the price or termination of the Agreement, in accordance with the provisions of article 130 Legislative Decree n° 206/2005. The User must send a specific product return request under the terms of the legal warranty, by means of the specific contact form in the private area or by sending an email as specified in this private area, in which the User requests elimination of the non-conformity defect, sending it to PUBTECH’s contact address. Once the communication has been received, PUBTECH shall contact the User to inform them of the procedure for returning the Services. Once it has verified the User’s claims, PUBTECH shall replace or repair the product, without prejudice to the provisions of article 130 Legislative Decree 206/2005. Following this request, should PUBTECH ascertain that the reported defect does not objectively constitute a non-conformity defect pursuant to article 128 et seq of Legislative Decree 206/2005, the User shall be charged for any verification and repair costs borne by PUBTECH.

11.3 This same warranty and the related procedures as per articles 11.1 – 11.2 above are also provided by PUBTECH to Users who are not Consumers, that therefore benefit from an express warranty (not a “legal” warranty) subject to the same terms and conditions. 

11.4 Fulfilment of the aforementioned right to return the product is always contingent on appropriate verification by PUBTECH as to whether the User’s declarations fulfil legal and contractual requirements for the exercise of same.

ARTICLE 12 - DELIVERY, INVOICING 

12.1 For every Order placed by the User through the Site, PUBTECH issues an invoice for the Services sent, sending it by email to the holder of the Order. In order to issue the invoice, the information provided by the User when placing the Order shall be considered valid. No change to the invoice shall be possible after it has been issued. Should an electronic invoice be due, at the User’s request, PUBTECH shall prepare and send it through the procedure provided for under applicable law (including SDI).

12.2 In order to provide the Services it is necessary to comply with the instructions set forth in the Site FAQ regarding access and activation of these Services and the related software. The customary procedure is for the purchased Service to be provided immediately by PUBTECH however, for technical or other reasons, the timeframe for activating the service may be prolonged for up to 14 days.

12.3 For the use of the Services and related software, the User may refer to the manuals made available by PUBTECH and to the FAQ present on the Site.

ARTICLE 13 - RIGHTS TO THE SITE AND SITES/THIRD-PARTY APPS

13.1 The Site (meaning by way of nonlimiting example, graphic aspects, design, trademarks, creative works of various types) is protected by applicable laws governing copyright, trademarks, patents and other exclusive rights, as well as by applicable laws.

13.2 The owner of the Site makes the Site and the Site content available to the public (in an on-demand interactive form) and by means of these regulations, grants the User a limited licence to reproduce and view the pages of the Site (with the exclusion of any software code), solely for personal use and use of the related Services, including sale of the Services; therefore any other, additional right held by the User on top of those indicated in the articles of the Agreement is to be considered null.

13.3 The Site and/or the Services may contain links to third-party websites/applications. PUBTECH exercises no control over them and accordingly, under no circumstances incurs any liability for the third-party content or activities, even if they provide Services through the Site (unless the User is otherwise informed). In such cases, the general terms and conditions for the use of the websites or applications prepared by third parties shall apply to the single Services, in respect of which PUBTECH incurs no liability.

ARTICLE 14 - SOFTWARE LICENSE AND DIGITAL INFORMATION. ASSISTANCE

14.1 Use of the Services entails the use of software and applications made available to the User by PUBTECH. PUBTECH (and any third party beneficiaries) has and shall continue to hold exclusive title to this software, as the software is only licensed to the User on a non-exclusive, non-transferable basis for the period of time stated in the related activation Order (on an open-ended basis, unless otherwise indicated), for use on Internet subject to any geographical restrictions indicated in the Order, for valuable consideration for the agreed fees.

14.2 The User is therefore prohibited from:

  1. sublicensing or reselling or causing third parties to use the Services or the related licenses either for valuable consideration or free of charge;
  2. using the Services for websites other than those indicated when the Services are activated;
  3. using the Services for websites for which the User has no authorisation (license or ownership) and which therefore belong to an unrelated third parties;
  4. using the Services for activities considered prohibited pursuant to the specific section of the FAQ (by way of example: pornography, sex shop, betting and gambling etc);
  5. carrying out reverse engineering of the software covered by the Service in cases and subject to limitations other than those contemplated by law;
  6. reproducing, modifying, disseminating, disclosing to the public, selling the Services or related software or the related source code either in its entirety or partly, without obtaining PUBTECH’s prior authorisation or subject to conditions other than those contemplated in the licence issued by PUBTECH or causing harm to third parties;
  7. using the Services in a manner which does not conform with the instructions given or the purpose for which they are devised or created, or use for illegal purposes or purposes which run counter to good faith or public order;
  8. creating false electronic identities, using front companies or suchlike;
  9. any other conduct likely to obtain use of the Services and/or related software after the term of the Agreement or extending use outside the perimeter of the User’s organisation, or altering the features of the Services and or related software for any purpose.

In the event of any proven breach or possible breach (including presumed breach on the basis of PUBTECH’s independent assessment which cannot be called into question) of this article, PUBTECH is authorised to interrupt provision of the service including without forewarning, in order to protect itself or third parties from possible threats, or in order to sanction the client’s prejudicial conduct. The User has no right to any compensation or indemnification for any loss or damage caused by suspension of provision of the Services, save for return of the fees for the period of the Services which are not used, only where it can be demonstrated that the User is not guilty of any breach.

14.3 The software used in the Services granted to the User guarantees functions and hardware/software interoperability as indicated in the Site, In the Site (see specifically the FAQ) the digital content functions can also be found as well as the related technical protection measures (if applied).  

14.4 PUBTECH guarantees assistance for the Services provided through email, chat or ticket through the Site (and the related dashboard), depending on the Service and subscription activated by the User (as specified in greater detail in the presentation of the Services on the Site and in the FAQ). The response and intervention timeframe may range from 24 hours to 4 business days, again depending on the service and subscription. In the case of free Users, it is not possible to guarantee customised technical intervention. Other forms of assistance by PUBTECH are also possible as stated in the Site FAQ.

14.5 The Services may be periodically updated and modified, with the User being duly notified.

ARTICLE 15 - THIRD-PARTY AND USER CONTENT

15.1 Content and information provided by the User or by third parties in the context of use of the Services as requested by the User – by way of example: cookies, metadata, links, documents, trademarks – are the exclusive property and respective responsibility of these third parties and the User, being used by PUBTECH only insofar as is strictly necessary for provision of the Services. PUBTECH does not conduct any form of control or moderation of such content.

15.2 The User indemnifies PUBTECH and holds it harmless from and against any claim raised by third parties with regard to such content. 

ARTICLE 16 - NOTICES

16.1 All notices by PUBTECH to the User shall be sent – at PUBTECH’s sole discretion – by means of email, ordinary post or telephone to the contact information provided by the User during the registration procedure or as subsequently modified, unless otherwise indicated in the Agreement.

16.2 All notices by the User to PUBTECH shall be sent exclusively by email to the email address indicated in the header of the Agreement, unless otherwise indicated in the Agreement itself.

ARTICLE 17 - THE USER’S TECHNICAL REQUIREMENTS

17.1 Prior to proceeding with the purchase Order, the User shall check that its electronic and data transmission systems, to be used as described to meet requests, fulfil minimum (software and hardware) requirements for correct usage. The minimum technical requirements are indicated on the Site, on a specific page.

17.2 PUBTECH incurs no liability for failure or incorrect use deriving from any failure to meet the minimum requirements.

ARTICLE 18 - LAW APPLICABLE TO THE AGREEMENT AND DISPUTE SETTLEMENT

18.1 The parties expressly agree to apply substantive and procedural Italian law to the Agreement, and to all future relations governed, arising, deriving therefrom or in any way connected thereto, also with regard to performance, termination and withdrawal. 

18.2 The User who is a Consumer, resident in Europe, must be mindful of the fact that the European Commission has established an online platform providing an alternative dispute resolution mechanism. This mechanism may be used by the Consumer to settle, out-of-court, all disputes relating to and/or arising as a consequence of agreements for the sale of goods and the provision of Services entered into online. As a consequence, the Consumer may use this platform to settle any dispute arising out of agreements stipulated online, subject to the conditions provided for therein. The platform is available at the following address: https://ec.europa.eu/Consumers/odr.

18.3 With regard to any disputes arising on the basis of these relations, sole jurisdiction shall be exercised by the Law Court in the place where the User who is a Consumer has their residence or domicile, pursuant to Legislative Decree 206/2005. Should the User not be a Consumer, Milan court shall exercise sole jurisdiction.

ARTICLE 19 - GENERAL PROVISIONS

19.1 The User declares, under his/her own responsibility, that he/she is of full legal age.

19.2 The Agreement cancels and supersedes all previous understandings, be they oral or written, between the parties and having the same subject matter. Any amendment to the Agreement shall only be valid and binding if proposed and approved in writing by the parties.

19.3 In cases where one or more provisions of the Agreement are found to be invalid, this shall not influence the effectiveness of the remaining provisions.

19.4 The parties elect their legal domicile for all purposes relating to the Agreement, inclusive of any service of process and dispatch of communications, to the contact addresses stated in the header of the Agreement and to those provided by the User to PUBTECH during registration on the Site. Each party must promptly advise the other party of any changes to its legal domicile.

19.5 Insofar as they are compatible, the provisions of Legislative Decree 206/2005 (Consumers Code, more specifically Title III dedicated to “Distance Contracts”) and Legislative Decree 70/2003 (transposing the Electronic Commerce Directive) apply to the Agreement.

Sections I-IV of Title III (contractual methods) Chapter I (Consumers’ rights) of the aforementioned Consumers Code – and all related matters contractually provided for herein – do not apply to Orders which (including the total of several concurrent Orders) do not exceed the amount of 50 (fifty) euro.

19.6 Any additional contracts or understandings between PUBTECH and the User do not give rise to any connection hereto, with each one therefore remaining separate and independent, except in cases where a contract or understanding explicitly and functionally refers to another one (such as in the case of Annexes to this Agreement, which can be found in the pages of the Site making the related Service available to the public), but always subject to the limitations of a correct literary interpretation of same.

19.7 The User declares that he/she has read, understood and accepted the contractual conditions in full and undertakes to retain them in writing or on another durable storage medium at their disposal and accessible to them.

19.8 The parties agree that they wish to apply only the Italian language to the Agreement and to all relations governed by and/or arising therefrom, unless otherwise agreed by the parties in writing, failing which any such understanding shall be null and void.

19.9 With regards to the processing of their personal data regarding performance of this Agreement, the User has read and understood PUBTECH’s related privacy policy statement, with the possible, separate acquisition of consent to such processing, if necessary. If necessary, depending on the Services provided, PUBTECH may need to appoint a data processor pursuant to article 28 Regulation (EU) 2016/679 – by means of a contract previously placed at the disposal of the User when requesting the Services.

19.10 The User herewith accepts that PUBTECH may assign, either in their entirety or partly, the rights and/or obligations under this agreement to third parties, simply subsequently providing the User with the contact addresses and general information of the new contracting party.

ARTICLE 20 - ANNEXES

1. The following annexes are to be considered as an integral part of this Agreement and are to be considered as having been incorporated herein with the same efficacy:

  1. FAQ and informational pages shown on the Site;
  2. Each single Order placed by the User (after entering into the Agreement);
  3. Privacy Policy Statement and any other privacy related documents applicable to the Services being requested.

2. Should any Annex be found invalid, this shall have no effect on the other Annexes and this general Agreement.

3. The User accordingly declares that he/she has viewed these documents and, more specifically, the privacy policy statement, authorising their personal data as described therein to be processed.

Pursuant to article 1341 and 1342 of the civil code, the User declares that he/she has carefully read and approved and accepted all the articles of this Agreement and specifically:

1 - Efficacy of the Recitals, Annexes and the Privacy Policy Statement 

3 - Credentials and authentication. User conduct

4 -– Entering into the online Agreement – Amending the Agreement

6 – Online Orders

9 – Information on right of withdrawal.  Cancellation of registration. Express termination of the Agreement

10 – Liability incurred by PUBTECH

11 – Warranties and assistance

13 – Rights over the Site and third-party sites/apps

14 – Liability incurred by PUBTECH

15 – Third-party and User content

17 – User’s Technical Requirements

18 – Law applicable to the Agreement and dispute settlement (jurisdiction exercised solely by Milan Law Court)

19 – General Provisions

20 – Annexes