Terms and conditions
HeartItaly srls and/or its affiliates provide you with site functionality and other products and services when visiting or purchasing on Gate-away.com, when using HeartItaly srls products or services, when using the applications designed and created by HeartItaly srls for mobile devices or software provided by HeartItaly srls in relation to any of the above activities. HeartItaly srls provides HeartItaly srls Services according to the following terms and conditions ("General Conditions of Use and Sale"). Gate-away.com is the trademark of HeartItaly srls.
GENERAL CONDITIONS OF USE
When you use HeartItaly srls Services or send us emails, text messages (SMS) and other communications from your computer or mobile device, you are communicating with us electronically. We will communicate with you in a variety of ways, for example by email, text messaging (SMS), in-app notifications, or by posting messages and communications on the site or through other HeartItaly srls Services, such as through our newsletter or the exchange of communications with third parties. Subject to the specific legal provisions of an imperative nature, for the purposes of this contract, you agree to receive our communications electronically and acknowledge that all contracts, notices, information and other communications we provide you with electronically, constitute as being in writing, when required by law.
AUTHOR RIGHTS AND DATA BANK RIGHTS
All content present in, or made available through, HeartItaly srls Services in the form of text, graphics, logos, icon buttons, images, audio files, digital downloads, data collection and software, remain the property of HeartItaly srls or its content providers and are protected by Italian and European copyright law and database rights. The list of all content present or made available through HeartItaly srls Services is the exclusive property of HeartItaly srls and is protected by Italian and European copyright law and database rights. No integral part of HeartItaly srls Services online material data or software may be extracted or reused without the express prior written consent of HeartItaly srls.
In particular, it is forbidden to use data mining, robots or similar data capture or extraction methods to extract (one or more times) or to reuse any substantial part of any HeartItaly srls Service without our express written consent. Nor is it even permitted to create and/or publish a database that reproduces substantial parts (e.g. pricing and product lists) of HeartItaly srls Services without the express written consent of HeartItaly srls.
All trademarks are the property of HeartItaly srls. In addition, graphics, logos, page headers, icon buttons, characters, and service trademarks included or made available through any of the HeartItaly srls Services remain trademarks or brands of HeartItaly srls. The trademarks and distinctive symbols of HeartItaly srls cannot be used in relation to any products or services other than those of HeartItaly srls, in such a way as to create confusion among customers and/or consumers or in any way that may denigrate or discredit HeartItaly srls. All other trademarks not owned by HeartItaly srls which appear on any of the HeartItaly srls Services remain the property of their respective owners and are not connected or related to HeartItaly srls in any way but are only sponsored by HeartItaly srls in order to improve user experience.
LICENSE TO ACCESS HEARTITALY SRLS SERVICES
Provided you comply with these General Conditions of Use, the Terms of Service, and that you pay any applicable charges, HeartItaly srls or your content provider grants you a limited, non-exclusive, non-transferable and non-exclusive license to access HeartItaly srls Services for personal, non-commercial use. This license includes no resale or commercial rights for any HeartItaly srls Service or for any of its content, nor the right to collect and use product lists, descriptions, or prices, make derivative use of HeartItaly srls Services of content, nor to execute any type of download or make any copy of account information for the benefit of another reseller, nor use data mining, robots, or similar data acquisition and extraction devices. All rights not expressly provided by these General Conditions of Use or Terms of Service remain with HeartItaly srls or its licensors, suppliers, publishers, owners or other service providers.
It is forbidden to reproduce, duplicate, copy, sell, resell, visit or otherwise use any HeartItaly srls Services for any commercial use, in whole or in part without our express written consent. No framing or framing techniques may be used to appropriate any trademark, logo, or other proprietary information (including images, text, page settings, or formats) of HeartItaly srls in the absence of express written consent from HeartItaly srls.
No meta tags or any other "hidden text" containing the name or trademarks of HeartItaly srls may be used without express written consent from HeartItaly srls. No improper use of HeartItaly srls Services is permitted. You will be able to use HeartItaly srls Services exclusively within the limits provided for by law. Violation of these General Conditions of Use or Terms of Service will result in the revocation of the authorisation or license issued by HeartItaly srls.
Using HeartItaly srls Services, you agree to maintain confidentiality of your account and password and restrict access to your computer and your devices, and you agree, to the extent permitted by applicable laws, to be held accountable for all activities that will be performed through your account and your password. You agree to take all necessary precautions to ensure that your password remains secure and confidential and you agree to inform us immediately should you have reason to believe that any third party has become aware of your password or if your password is either being used, or you believe it is about to be used, in an unauthorised manner. You vouchsafe that the information you have provided to us is correct and complete, and undertake to notify us immediately of any change required to the said information. You vouchsafe not to use HeartItaly srls Services in any way that causes, or could cause, interruption, malfunction or damage to HeartItaly srls Services or its capabilities, either for fraudulent purposes, or for any other illegal activity or in any way to cause disturbance, injury or concern.
HeartItaly srls reserves the right to prevent access to the site and/or HeartItaly srls Services, to suspend or close an account, remove or modify the content of the site at our discretion, in the event of a violation of applicable law, of these General Conditions of Use, of the guidelines or of the applicable policies.
ADVERTS, COMMUNICATIONS AND OTHER CONTENT
Advertisements may be published/posted, along with communications and other content when these comply with HeartItaly srls contractual agreements, electronic communications may be sent and/or other communications in order to submit suggestions, ideas, comments, questions or other information, provided the content is not illegal: i.e. obscene, abusive, intimidating, defamatory, and does not violate privacy, intellectual property rights nor is otherwise offensive or damaging towards HeartItaly srls and/or third parties and does not consist in/does not contain viruses, political propaganda, commercial solicitation, ‘chain letters’, mass email, or any other form of spamming or similar activity likely to damage the market position of HeartItaly srls. It is not permitted to use a false email address, pretend to be another person or otherwise lie about the origin of a communication or other content. We reserve the right to remove or modify such content. If you believe that site content or an advertisement posted on the site or used within HeartItaly srls Services, contains a defamatory statement, or that your intellectual property rights have been violated by an article or other information present on the site or used in HeartItaly srls Services, please contact us via the appropriate form and we will promptly remove it. If you decide to submit content or materials, notwithstanding any indication from us, you vouchsafe to give HeartItaly srls the right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display all such content throughout the world through any means of communication and grant to HeartItaly srls, its sublicensees and persons with reason, the right to use, at their discretion, the name you use in connection with them. This without prejudice to your ethical rights as author. You agree that the above rights granted to us are irrevocable for the entire duration of your intellectual property rights associated with such content and materials. You agree to put in place all the other activities necessary to comply with each of the above rights granted by you to HeartItaly srls, including the signing of agreements and documents, at our request. You acknowledge and warrant to have, in person or in any other way, the ownership or in any case the availability of all rights to the content of material you publish; and also declare that, on the date on which the content or material is published, the content and material are accurate and relevant; and that the use of the content and material you provide does not conflict with any of the applicable policies and guidelines of HeartItaly srls, and that it causes no harm to third parties. Except where liability is attributable to any failure on our part to remove unauthorised content following receipt of notification concerning such content, you agree to hold HeartItaly srls indemnified from any legal action taken by third parties against HeartItaly srls, arising from or otherwise related to the content and materials provided by you.
INTELLECTUAL PROPERTY RIGHTS VIOLATIONS
HeartItaly srls respects the intellectual property rights of third parties. If you believe that your intellectual property has been used in such a way as to give rise to potential violations of your rights, you should notify HeartItaly srls immediately, and we will clarify the situation as soon as possible.
THIRD PARTY ACTIVITIES
LIABILITY OF HEARTITALY SRLS
HeartItaly srls will do its utmost to ensure that access to HeartItaly srls Services is provided without interruption and that transmissions are made without error. However, due to the nature of the Internet, uninterrupted access and absence of transmission errors cannot be guaranteed. In addition, your access to HeartItaly srls Services may also be occasionally suspended or limited to allow for repair, maintenance, or the launch of new activities or services. HeartItaly srls vouchsafes to try to limit the frequency and duration of these suspensions and limitations. HeartItaly srls will not be held liable for: losses that are not a consequence of our violation of these general terms and conditions or for any loss of commercial opportunities (including lost profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred costs) or any other indirect or consequential loss that was not reasonably foreseeable at the time your use of HeartItaly srls Services commenced. HeartItaly srls shall not be liable for any delay or failure to comply with the obligations under these General Conditions if such delay or default is caused by accident or by force majeure. This provision does not affect your legal rights, nor in particular your right to avail of the services purchased within a reasonable time and to be reimbursed in the event of service non-availability due to circumstances caused by an accident or force majeure. Legislation in some jurisdictions may outlaw the liability limitations indicated. In the event that these provisions are applicable, the limitations of liability indicated will not take effect and you may be considered to have additional rights. None of the provisions contained here limits or removes our liability in the event of death or personal damage brought about by remissness on our part, or as the result of fraud or gross negligence.
APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Use are governed by, and must be interpreted in accordance with, Italian law and application of the United Nations Convention on the International Sale of Goods and/or Services Contracts is expressly excluded. The user and HeartItaly srls agree to submit to the exclusive jurisdiction of the Italian courts. Should you wish to bring a matter to our attention, please contact us using the appropriate online forms.
CHANGES TO SERVICES OR TO CONDITIONS
We reserve the right to modify HeartItaly srls Services, policies, these General Conditions of Use and Terms of Service at any time to offer new products or services or to comply with applicable laws and/or regulations. You will be subject to the policies and terms of the General Conditions of Use in force whenever you use HeartItaly srls Services. Should any provision of these terms bes deemed invalid, void or for any reason inapplicable, such Condition will not, however, prejudice the validity and effectiveness of the other contractual provisions.
If you as user fail to comply with these General Conditions of Use, any failure on our part to exercise our right to act against you in no way waives our right to act concerning your breach of your obligations.
Our services are not for sale to individuals under the age of 18. Minors using HeartItaly srls Services must be assisted and supervised by a parent or guardian at all times.
This site is owned and managed by HeartItaly srls.
General Conditions of Use relating to other HeartItaly srls Services, can be found on this website.
REPORTING PROCEDURES FOR INTELLECTUAL PROPERTY RIGHTS VIOLATIONS
If you believe that your intellectual property rights have been violated, you can contact us through the appropriate forms. We respond promptly to intellectual property right holders who contact HeartItaly srls to report alleged violations. Upon receipt of such communications, we may take various initiatives, for example, we may remove part of an advertisement or an entire listing without this implying admission of liability and without prejudice to any other rights, remedies or defenses we expressly the reserve to exercise. In addition, when submitting such communications, you concede HeartItaly srls the right to use, reproduce, modify, adapt, publish, translate, create derivative works and display the content of such communications throughout the world. This includes the right to forward such communications to those involved in the preparation of the content deemed to be illegal. The user undertakes to keep HeartItaly srls indemnified from all third party actions against HeartItaly srls arising from or related to such communications. Important Warning: providing false, misleading or inaccurate information to HeartItaly srls may result in civil and/or criminal liability. Should you have any questions on this matter you are advised to seek legal advice.
ADDITIONAL CONDITIONS FOR USING HEARTITALY SRLS SOFTWARE
Use of HeartItaly srls Software
HeartItaly srls software may be used only in order to access HeartItaly srls Services, within the boundaries of the General Conditions of Use, of these Additional Conditions applicable to HeartItaly srls software, and of the Terms of Service. You are not permitted to embed part of the HeartItaly srls Software in your programs or combine parts of it with your programs, nor are you permitted to transfer HeartItaly srls Software for use in connection with any other service, sale, lease or rental, distribution or sublicensing, or otherwise assign any right to HeartItaly srls software in whole or in part. Use of HeartItaly srls Software for illicit purposes is strictly forbidden. In such cases we may cease providing use of HeartItaly srls Software and revoke your right to use HeartItaly srls Software at any time. Your right to use HeartItaly srls Software will be automatically revoked, without notice to you, in the event of your failure to comply with the provisions of these Additional Terms for HeartItaly srls Software, with the General Conditions of Use or the Terms of Service.
HeartItaly srls Software may be subject to the application of third party terms and conditions that are contained or distributed along with some HeartItaly srls Software (or software embedded in HeartItaly srls Software) as indicated in the relevant documentation. Such provisions will prevail in cases of failure to adhere to the General Conditions of Use. Software programs used by HeartItaly srls Services are the property of HeartItaly srls or its software vendors and are protected by the laws in force in the Italian territory, in the European Community and by international copyright law.
Use of third party services
Prohibition of Reverse Engineering
You may not copy, modify, reverse engineer, decompile, disassemble or otherwise interfere with HeartItaly srls Software in whole or in part, or create programs derived from or by HeartItaly srls Software, nor encourage, assist, or support others in performing such activities.
In order to keep HeartItaly srls Software up-to-date, we reserve the right to provide automatic or manual updates at any time and without notice.
Please read these terms and conditions carefully before using HeartItaly srls Services.
By using HeartItaly srls Services, you accept these conditions in full.
Our contact details:
HeartItaly srls - via Carlo Alberto Dalla Chiesa, 2 - 63066 Grottammare (AP) - Italy
VAT ID 02499400444 - REA AP-285891 - Share capital € 1,000.00 fully paid-up