1. General Remarks
1.1. Access and use of SmartishLab website (https://www.smartishlab.com) (SmartishLab), is subject to these terms and conditions (“Terms of Use”) and to the SmartishLab Privacy Policy.
1.2. Please read these Terms of Use carefully as soon as you access SmartishLab and, in any case, before using SmartishLab. If you access SmartishLab, you will accept these Terms of Use and agree to the processing of your personal data in accordance to the SmartishLab Privacy Policy within the terms therein indicated, which forms integral part of these Terms of Use. If you do not agree to these Terms of Use and/or to the SmartishLab Privacy Policy, you should not use SmartishLab and the relevant services.
2. Effectiveness of the Terms of Use
2.1. By accessing and using SmartishLab, you warrant and represent to us that you are legally entitled to do so and to make use of SmartishLab and its contents and you acknowledge to be the sole responsible for your use of SmartishLab; you also agree to use SmartishLab in compliance with all applicable local laws and regulations, under your own sole responsibility.
2.2. Any use of SmartishLab (including SmartishLab’s content, services and products) in violation of these Terms of Use and/or of the applicable law is strictly prohibited and may subject you to liability for breach of contract and for breach of law and cause immediate termination of your subscription to the newsletter, if any, and prohibition of further use of SmartishLab. The failure or delay of SmartishLab S.r.l. to require or enforce strict performance by you of any provision of these Terms of Use or its Privacy Policy, or the failure to exercise any right under them, shall not be construed as a waiver of the right to assert or rely upon any such provision or right in that or any other instance. Moreover, any express waiver by SmartishLab S.r.l. of any provision, condition or requirement of these Terms of Use or its Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
2.3. Other sites might be accessible from SmartishLab: third party websites are not bound by these Terms of Use or by the SmartishLab Privacy Policy, therefore it is recommended that you read and understand carefully such third party’s terms and conditions and privacy policies before visiting and using the relevant sites and services.
5. Children
5.1. Children and people under the age of 18 are not entitled to use SmartishLab S.r.l. and the relating services. By accessing SmartishLab and subscribing to the SmartishLab newsletter, you are granting under your own responsibility that you are adult (i.e. that you are at least 18 years old) or that you have been authorized thereto by your parents and/or by your legal supervisor. If you believe that anyone under the age of 18 is using SmartishLab without the prior consent of the child’s parents or legal supervisor, please contact us.
6. SmartishLab Contents
6.1. SmartishLab and its contents are copyrighted works owned by SmartishLab S.r.l.
SmartishLab S.r.l. owns, reserves and retains all rights upon SmartishLab, including (without limitation) all intellectual property rights or other proprietary rights in connection with SmartishLab, its services and its contents.
SmartishLab should not be construed as granting any license or right to use any intellectual property or proprietary right without the prior written permission of SmartishLab S.r.l., except for the other authorisations expressly provided hereinafter.
6.2. Subject to your acceptance of these Terms of Use and your compliance thereto, SmartishLab S.r.l. grants you hereby a non-exclusive, non-transferable, royalty-free, revocable limited license to access and use SmartishLab by means of a web browser (on a computer, tablet or mobile device), for the sole purpose of your own non-commercial interests.
You are not allowed to use SmartishLab for any other purpose, nor to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell and/or use in whatever other way any content of SmartishLab. Under no circumstances you may “frame” SmartishLab or copy portions of SmartishLab to a server, except as part of an Internet service provider’s incidental caching of pages. When SmartishLab is accessed from a link (including RSS feeds) featured on your web site, each SmartishLab page must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within SmartishLab.
6.3. You expressly recognize and agree that SmartishLab S.r.l. trademarks, including our logos, are the sole property of SmartishLab S.r.l. You are not authorized to display or use either our logos and trademarks without our prior written permission; and the same applies to any other third parties’ trademark or logo featured on SmartishLab.
6.4. Any applicable software you may download from or access on SmartishLab, including any files, images, or data accompanying the software are licensed to you by SmartishLab S.r.l. for the limited use described in the preceding paragraphs. SmartishLab S.r.l. transfers no right, title or interest in its software to you, and retains full and complete title to the software, as well as in all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble, or otherwise use the software other than to use SmartishLab.
7. Users’ Indemnification Committments
7.1. In addition to the above, you agree under your own responsibility to avoid using SmartishLab to:
upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learnt or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary third parties’ rights;
engage in any illegal conduct or for any unauthorized purpose;
pursue commercial aims; in particular, you shall not use SmartishLab to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, repetitive messages and/or unwanted e-mail or comments.
7.2. Save for what expressly provided in other sections of the Terms of Use and for any remedy provided under the applicable law, you agree to indemnify and hold SmartishLab S.r.l., any controlling/controlled company, its owners, affiliates, officers, employees, agents or other partners harmless and fully indemnified from any claim, liability, costs, losses, expenses, damages (either direct, indirect or consequential) or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of SmartishLab and/or of your SmartishLab registration, as well as of your breach of the Terms of Use and/or of the applicable laws and regulations.
8. Disclaimer
8.1. Although SmartishLab is normally available, there will be occasions when it might be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of SmartishLab S.r.l.
YOUR USE OF SMARTISHLAB IS AT YOUR SOLE RISK AND UNDER YOUR OWN RESPONSIBILITY. SMARTISHLAB IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EXCEPT FOR THOSE MANDATORY UNDER THE RELEVANT APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, SMARTISHLAB S.R.L. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO SMARTISHLAB, THE RELEVANT CONTENTS, ANY OPINION EXPRESSED, ANY POST, THE SOFTWARE, OR ANY PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE ON SMARTISHLAB, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, SMARTISHLAB S.R.L. MAKES NO WARRANTY: THAT SMARTISHLAB WILL MEET YOUR REQUIREMENTS; THAT SMARTISHLAB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SMARTISHLAB MEET YOUR EXPECTATIONS; THAT THE INFORMATIONS, POSTS, NEWSLETTERS AND ANY OTHER CONTENT OF SMARTISHLAB IS TRUE AND ACCURATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH SMARTISHLAB IS AT YOUR OWN DISCRETION AND RISK.
9. Limitation of Liability
9.1. SmartishLab S.r.l. may in no event be hold responsible and disclaims any and all liabilities for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your use or other users’ use of SmartishLab and/or SmartishLab registration. Moreover, SmartishLab S.r.l. may in no event be hold responsible for the conduct of third parties, including other users of SmartishLab.
SmartishLab S.r.l. shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond SmartishLab S.r.l.’s control.
10. Your Rights Under These Terms of Use
10.1. These Terms of Use give you specific rights, but you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for gross negligence or willful misconduct.
You and SmartishLab S.r.l. agree that if any part of these Terms of Use or of the SmartishLab Privacy Policy is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Use and of the Privacy Policy, which shall continue to be in full force and effect.
10.2. SmartishLab S.r.l. may assign or delegate these Terms of Use and/or the SmartishLab Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use or the SmartishLab Privacy Policy without SmartishLab S.r.l.’s prior written consent.
11. Feedback
11.1. We welcome your comments, feedback, suggestions and any communications regarding SmartishLab (collectively, “Feedback”).
11.2. The Feedback you provide to us will become and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of any and all rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, reproduce, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit.
13. Changes and Updates to these Terms of Use
13.1. SmartishLab S.r.l. may, at any time, modify or terminate SmartishLab for any reason, as well as change, modify, add or remove portions of these Terms of Use and/or of the SmartishLab Privacy Policy by posting the amended Terms of Use and/or Privacy Policy on SmartishLab: it is your responsibility to check periodically SmartishLab for updates as they will be applicable to you if you continue using SmartishLab. Changes will become effective immediately upon being posted on SmartishLab: your continued use of SmartishLab following the posting of changes to the Terms of Use will be deemed as acceptance of the same changes. If you do not agree to any point of these Terms of Use and/or of the SmartishLab Privacy Policy, you should immediately stop using SmartishLab.
13.2. If the variations constitute a material change to the Terms of Use and/or to the SmartishLab Privacy Policy, we will notify you by sending an e-mail, and we will collect your consent when mandatory.
You acknowledge that SmartishLab is an evolving service. Please note that we might publish additional policies related to specific services that may be provided in the future: your use of such services, if any, will be subject to those specific policies as well as to these Terms of Service and to the SmartishLab Privacy Policy.
14. Contacts
For each and any enquiry, you can reach us as follows: hello@smartishlab.com.
Latest update: May 29, 2018
