1. ACCEPTANCE OF THE TERMS OF SERVICE
The following Terms of Service (“TOS”) govern all utilisation by the User (a) of the web site www.pastariahub.com (including all the web pages, sub-domains and sections contained in the same, the “Site”) and (b) any and all services made available on or through the Site (collectively, the “Services”).
The Services are the property of KINSKI EDITORI SRL, with registered office in Italy, via Possioncella 1/1, Guastalla (Reggio Emilia) VAT No. 02552850352 (hereinafter PASTARIA HUB), which manages them. Any use whatsoever of the Site and the Services is subordinated to the acceptance by the User, without changes, of all the terms and conditions contained herein and of all the rules, operating procedures and policies that might be published on the Site by PASTARIA HUB over the course of time.
By using or accessing the Site or part of the Services, the User accepts all the terms and conditions contained herein and all the rules, operating procedures and policies that might be published on the Site by PASTARIA HUB over the course of time.
IF THE USER DOES NOT ACCEPT ONE OR MORE OF THE TERMS, CONDITIONS, POLICIES, PROCEDURES OR RULES HEREIN, IT SHALL NOT ACCESS THE SITE OR USE THE SERVICES.
This contract is binding between the User and PASTARIA HUB and is available on the Site in order to enable the User to examine it, keep it and reproduce it in compliance with European Community legislation.
PASTARIA HUB reserves the right, at its sole discretion, to change or replace the terms and conditions of the TOS at any time whatsoever. It is the User’s responsibility to check the TOS periodically for changes. The continued use of the Site or part of the Services by the User after the publication of any changes to the TOS implies acceptance of the said changes. If any one of the changes to the TOS is not acceptable to the User, the only solution at the User's disposal is to stop accessing and using the Site and the Services.
PASTARIA HUB sets itself the objective of matching supply and demand for technologies, ingredients and services for pasta manufacturing at a professional level.
Through the Site and the Services, PASTARIA HUB offers a tool for the presentation of technologies, ingredients and services for pasta manufacturing and the exchange of information between supplier-users and users interested in purchasing these products/services.
Through the Services, the supply side of the users (companies supplying technologies, ingredients and services for pasta manufacturing) have the possibility to present and promote their products/services on the Site. The demand side of the users (companies and professionals who purchase technologies, ingredients and services for pasta manufacturing for their businesses), have the possibility to consult the catalogue of products available on the Site, to send requests for information and requests for quotations, including collective ones, to the suppliers of the products/services through the automated forms available on the Site.
3. UTILISATION OF THE SITE BY THE USER
On accessing the Site, the User has the possibility to (a) consult the product/service presentation pages published on the Site by the users, and (b) use the automated forms available on the Site (“Forms”) to send the users (i) requests for information and (ii) requests for quotations.
Using the Forms, the User undertakes to supply truthful, accurate, current and complete information on itself and on its own business activities.
The User acknowledges and agrees that PASTARIA HUB will not pre-screen and will not guarantee the identity of any of the users, expressly including but not limited to users who forward requests of any kind through the Site and the Services, also through the use of the automated Forms available on the Site.
4. UTILISATION OF THE SERVICES BY THE USER
With this document PASTARIA HUB guarantees the User a revocable, non-exclusive, non-transferable, non-sublicensable right during the period of duration of the agreement (the "Term") to use the Services for the exclusive purpose of (a) creating, managing, publishing or promoting on the Site presentation pages of its own technologies, ingredients and services for pasta manufacturing and (b) receiving requests for information on or quotations for its products/services forwarded by users through the automated forms available on the Site and (c) receiving any collective requests for quotation transmitted by users through the automated form available in a specific section of the Site, in each case (i) in compliance with the Subscription Plans purchased or the Test Plans signed, (ii) the present TOS, (iii) within the limits permitted by all of the applicable national and local laws.
Notwithstanding the above, the User shall not, and shall not permit a third party – either directly or indirectly – to:(i) reproduce, change or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) disassemble, reverse engineer, decompile or otherwise attempt to discover the source code or the structure, sequence and organisation of all or some of the parts of the Services, (except if this restriction does not apply insofar as restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) alter or remove any proprietary notices or labels on or in the Services or Site Content; (v) publish, disclose, transmit, or distribute to third parties, under any form whatsoever, the requests for information or quotations forwarded through the Forms available on the Site; (vi) engage in any activity that interferes with the Services or disrupts them.
5. USER REGISTRATION
5.1 Obligation of user registration to access the Services
In order to access the Services the user is obliged to register and create an account.On accepting to be a registered user, the User accepts to: (a) provide truthful, accurate, current and complete information on itself and on its own business activitiesas required by the Site registration form (the "Registration Data") and (b) constantly update the Registration Data to keep it truthful, accurate, current and complete. If the User provides any information that is untrue, out-of-date, inaccurate or incomplete, or if PASTARIA HUB has reasonable grounds to suspect that such information is untrue, out-of-date, inaccurate or incomplete, PASTARIA HUB has the right to suspend or terminate the User’s account and refuse any and all current or future use of the Services (or any part thereof).
5.2 Registration restrictions
Registration is reserved exclusively for companies that operate in the sector dealing with the supplying of technologies, ingredients and services for pasta manufacturing.
Registration is forbidden to consumers as laid down by Legislative Decree no. 206/2005 (Italian Consumer Code), art. 3, paragraph 1, letter a). Each company may only create one (1) account.
For details on the registration procedure, contact PASTARIA HUB (email@example.com).
6. ACCOUNT, PASSWORD AND SECURITY
As part of the process for registering with the Site, the User will create an account and receive a password generated automatically by the digital Platform.The User is responsible for maintaining the confidentiality of the password and the account, and is fully responsible for all activities that occur under its account, including, by way of non-limiting example, the purchasing of Subscription Plans.The User agrees to (a) immediately notify PASTARIA HUB of any unauthorised use of its account or password or any other breach of security, and (b) ensure that it exits from its account at the end of each session.
PASTARIA HUB cannot and will not be liable for any loss, damage or other liability arising from the User’s failure to comply with this Article or from any unauthorised access to or use of the User’s account.In the event of a dispute between two or more parties as to account ownership, the User agrees that PASTARIA HUB will be the sole arbitrator of such dispute and that PASTARIA HUB’s decision will be final and binding for all of the parties and may include termination or suspension of the account that is the object of the dispute.
7.1 Site Content.
The User agrees that all material including, by way of non-limiting example, information, data, text, software, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by PASTARIA HUB in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and proprietary rights and laws.PASTARIA HUB may own the Site Content or parts of the Site Content may be made available to PASTARIA HUB through agreements with third parties.Except as expressly authorised by PASTARIA HUB, the User agrees not to sell, rent, license, distribute, copy, modify, reproduce, publicly display, publicly perform, publish, transmit, adapt or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose whatsoever.Copying, reproducing or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of PASTARIA HUB.The User shall utilise the Site Content only for purposes that are permitted by the present TOS and any applicable laws and regulations (national or foreign).All rights not expressly agreed upon in the TOS are reserved.
7.2 User Content.
The User acknowledges and agrees that if it contributes to the Site, providing Content or making it available ("User Content"), it hereby grants to PASTARIA HUB a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, transferable, sublicensable right and licence to use, reproduce, adapt, distribute, translate, modify, publish, create derivative works based on, perform, display and otherwise exploit the User Content, in whole or in part, in any media currently unknown or subsequently developed, for any purpose whatsoever.The User declares and guarantees that it has all the rights, powers and authority necessary to grant the abovementioned licence, and that all the User Content (i) does not infringe or violate, has not been misappropriated and does not enter into conflict in any way with the rights of any third party, and that it (ii) complies with all applicable laws and regulations (national and foreign).Moreover, the User Content shall be accurate and truthful.PASTARIA HUB reserves the right to remove any User Content from the Site at any time if it believes, at its sole discretion, that it does not comply with the TOS.
7.3 Some restrictions to User Content
The User agrees to use the Services for the purpose of creating, managing, publishing and promoting on the Site exclusive presentation pages on technologies, ingredients and services for pasta manufacturing provided for by the wizard for creating presentation pages supplied as part of the Services.
8.1 Some restrictions.
The User understands that it is responsible for all of the Content, in any form whatsoever, that it supplies or otherwise makes available to or through the Services.
The User agrees not to use the Services to:
upload, email, publish, transmit or otherwise make available any Content that is unlawful, threatening, violent, harassing, harmful, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, racist, or otherwise objectionable; pass itself off as another person or organisation;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; upload, email, publish, transmit or otherwise make available any Content that infringes patents, trade secrets, trademarks, copyrights or other intellectual property or proprietary rights of any person or organisation; upload, email, publish, transmit or otherwise make available any Content that it does not have the right to render available either by law or on the basis of contractual or trust relationships; upload, email, publish, transmit or otherwise make available any Content containing software viruses or any other kind of code, computer programmes or files designed to destroy, interrupt or restrict the software and hardware functionality of a computer and telecommunications equipment or to interfere in any way whatsoever with the Services using methods that are not permitted by the present TOS; upload, email, publish, transmit or otherwise make available any Content regarding the sale or supply of products/services other than the sale or supply of the products contemplated in the present TOS; interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; deliberately or unintentionally infringe applicable laws or regulations (national or foreign); harass or otherwise pester people or organisations.
8.2 Some remedial rights
The User acknowledges that PASTARIA HUB does not pre-screen any Content provided or made available by the User or by third parties in connection with the Services, but that PASTARIA HUB shall have the right (but not the obligation) at its sole discretion to (i) monitor, edit, or remove any User Content, in whole or in part, and/or (ii) rescind and terminate the User’s right to use the Services at any time, with or without notice, for any reason or for no reason. The User acknowledges and agrees that PASTARIA HUB may preserve the User Content and may also disclose it for any reason including – by way of non-limiting example – if required to do so by law or in the belief that such preservation or disclosure is reasonably necessary to:(a) enforce the TOS; (b) comply with a legal process; (c) respond to claims that the User Content violates the rights of third parties; and/or (d) protect the rights, property, or security of PASTARIA HUB, its users and/or third parties.
9. ADDITIONAL SERVICES
PASTARIA HUB may, on request, and for such fees as it may establish when the occasion arises, provide additional services to the User beyond the functionality of the Site, including, by way of non-limiting example, translation and photographic services.
All these additional services will be considered part of the Services and subject to all the terms and conditions of the TOS.
The User agrees to defend, indemnify and hold PASTARIA HUB and its affiliates, and each of its respective directors, executives, co-owners, agents, other partners, and employees, harmless from any and all damage (whether direct, indirect, consequential, incidental or otherwise), liability, loss, cost and expense (including, by way of non-limiting example, lawyers’ and accounting fees) resulting from any demands, claims, proceedings or investigations made by any third party (each item identified by "Claim") due to or arising out of:(a) any use of the Site or the Services by the User; (b) User Content; (c) use, contribution or connection to these Services by an affiliate of the User or by executives, directors, agents or employees or infringement of the rights of others; (d) infringement of the TOS.
11. SERVICE MODIFICATIONS AND SUSPENSIONS
PASTARIA HUB reserves the right at any time whatsoever and in the course of time, to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof for any reason or for no reason, with or without notice, with immediate effect. The User acknowledges and accepts that PASTARIA HUB is not responsible towards the user or third parties for any modifications, interruptions or suspensions of the Services or any part thereof.
PASTARIA HUB, at its sole discretion, may terminate the User’s password, account and/or its right to use the Services, and remove and discard any and all of the User Content within the Services, at any time for any reason or for no reason, including, by way of non-limiting example, for lack of use, failure to pay any charges due to PASTARIA HUB, or if PASTARIA HUB deems, at its sole discretion, that the User has violated or acted inconsistently with the letter or spirit of the TOS.The User acknowledges and agrees that any termination of its right to use the Services may be enforced without prior notice, and it acknowledges and agrees that PASTARIA HUB may immediately deactivate or delete its account and all related Content and files linked to the User’s account and/or bar any further access to such files or to the Services.Furthermore, the User agrees that PASTARIA HUB shall not be liable towards the User or towards any third party for the possible termination of the User’s right to use or access the Services.All provisions of the TOS that by their nature might still be valid on termination of the User’s right to use the Services shall remain valid (including, by way of non-limiting example, all limitations on liability, holding harmless, indemnification obligations, disclaimers of warranties, and intellectual property protections and licences).
The Services may supply links to other Internet web sites or resources.PASTARIA HUB has no control over these web sites and resources.The User acknowledges and agrees that PASTARIA HUB is not responsible for the availability of such web sites or resources, and is neither responsible nor liable for any Content, products, advertising, services or other materials on, or available from, such web sites or resources.Furthermore, the User acknowledges and agrees that PASTARIA HUB shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such Content, advertising, products, services or other materials available on or through such web sites or resources.
14. DISCLAIMER OF WARRANTIES
The Services are provided “as is” and “as available”. PASTARIA HUB hereby expressly disclaims all warranties of any kind, express or implied, including, by way of non-limiting example, implied warranties of merchantability, title, non-infringement of conditions and fitness for a particular purpose. PASTARIA HUB gives no warranty that: (i) the services will be continuous, timely, secure or free from errors, (ii) the services will meet the User’s requirements, (iii) the results obtainable from the use of the services will be accurate or reliable, (iv) any errors in the services will be rectified. PASTARIA HUB is not responsible nor will it be liable for the content, products, services, actions or omissions of any users; and PASTARIA HUB will accept no liability with regard to any warranties disclaimed in the foregoing points, from (i) to (iv). The User acknowledges that PASTARIA HUB has no control over and does not guarantee the quality, security or legality, the truthfulness or the accuracy of any of the User content or of any item or information (also concerning identity), entered by users or transmitted by users to other users, also by way of non-limiting example, through the use of the automated forms available on the site, or the capacity of users (including registered users) to perform or effectively complete a transaction, including by way of non-limiting example the order, purchase, sale and supply of products presented on the site through the services. The User acknowledges that PASTARIA HUB does not pre-screen and does not guarantee the identity of any of the users (even if registered) in any way in connection with the site or the services. Moreover, PASTARIA HUB is not affiliated, nor does it have any agency or employment relationship with any third party service provider used jointly with the Services, and PASTARIA HUB has no responsibility for, and excludes any and all obligations deriving from, any actions or omissions of any such third party service provider. The above exclusions do not apply insofar as they are prohibited by the applicable law. The User may report the misconduct of other users and/or third parties in connection with the Site or the Services to PASTARIA HUB. PASTARIA HUB, at its sole discretion, may – but is not obliged to – investigate the claim and take the necessary actions.
15. LIMITATION OF LIABILITY
PASTARIA HUB, its payment processing partners, licensees and all the applicable card payment systems shall not be held responsible in any circumstances or on the basis of any legal theory, due to negligence, contract or otherwise, in relation to the services or any other matter connected with the TOS, for: (i) indirect, accidental, special, consequential, punitive or exemplary damage including, by way of non-limiting example, damage due to loss of profit, goodwill, use, data or other intangible losses (even if PASTARIA HUB had been advised of the possibility of such damage), (ii) the cost of procurement of replacement services, (iii) issues beyond the reasonable control of PASTARIA HUB.
PASTARIA HUB will not be held responsible for any User content or for any content of any other user of the services. The above restrictions do not apply insofar as they are prohibited by the applicable laws.
16. EXEMPTION FROM LIABILITY
To the maximum extent permitted under all applicable laws, with this document the User agrees to exonerate PASTARIA HUB and its affiliates, and each of its respective directors, executives, agents, co-branders, other partners and employees for all damage (direct, indirect, consequential, incidental, various), losses, obligations, costs and expenses of any kind and nature whatsoever, known and unknown, deriving from, or in any way connected with disputes between the User and third parties (including other users, even if registered with the site) in connection with the site or the services, access or use of the site and the services by the user or third parties, User content, reliance on any request or information exchanged between the user and third parties (including other users, even if registered with the site) in connection with or through the use of the site and/or the services.
. PASTARIA HUB advises users to read the rivacy policy with due care and attention.Furthermore, any information submitted or provided by the User to the Services may be publicly accessible.The User should take care to protect private information or information it deems important. PASTARIA HUB shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or through any other network used by the User.The User must be aware that if it decides to disclose personally identifiable information on the Services, this information may become public. PASTARIA HUB does not control and shall not be responsible for the actions of the User or of any other users of the Services.
18. APPLICABLE LAW AND PLACE OF JURISDICTION
These Terms of Service and the provision to the user of the Services are governed and construed in accordance with Italian legislation.Any disputes resulting from the interpretation and application of these Terms of Service are subject to the exclusive jurisdiction of the Court of Reggio Emilia, Italy.
PASTARIA HUB's notifications to the User may be made either by email or post to the addresses in PASTARIA HUB’s records.PASTARIA HUB reserves the right to issue notifications regarding any changes made to the TOS, the Subscription Plans and any other topic, by displaying the notifications or the links to the same on the Services.Any communication from the User to PASTARIA HUB must be sent in writing to KINSKI EDITORI SRL, via Possioncella 1/1, 42016 Guastalla (Reggio Emilia, Italy).