Terms and Conditions for Use of the Website and Provided Services

These Terms and Conditions govern access to and use of this website and the services provided. Please read this document carefully, as by accessing or using the site, you agree to comply with the Terms described herein.

These Terms govern the use of this Website.

The User is kindly requested to read this document carefully.

This Website is a service provided by:

Municipality of Pietrelcina
Corso Padre Pio, 33
82020 Pietrelcina (BN),Italy
Data Controller’s email address: info@comune.pietrelcina.bn.it

"This Website" refers to:

 this site, including its subdomains and any other site through which the Controller provides the Service;

the Service;

 

Important Information

 Please note that certain provisions of these Terms may apply only to specific categories of Users. In particular, some clauses may apply exclusively to Consumers or to Users who are not Consumers. Such limitations are always explicitly mentioned in the relevant clauses. If no mention is made, the clauses apply to all Users.

 

Conditions of Use

Unless otherwise specified, the conditions of use set out in this section apply generally when using this Website.

Additional conditions of use or access applicable in specific situations are expressly stated in this document.

By using this Website, the User declares to meet the following requirements:

There are no restrictions relating to whether Users are Consumers or Professional Users;

Content on This Website

Unless otherwise specified or clearly recognizable, all content available on this Website is the property of or provided by the Controller or its licensors.

The Controller takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third-party rights. However, this result cannot always be guaranteed.

In such cases, without prejudice to legally enforceable rights and claims, Users are kindly asked to address any complaints to the contact details specified in this document.

Rights Over Content on This Website

The Controller holds and expressly reserves all intellectual property rights over the content mentioned above.

Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits indicated below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties, or creating derivative works from the content available on this Website, or allowing third parties to undertake such activities via their User account or device, even unknowingly.

Where expressly indicated on this Website, the User is authorized to download, copy, and/or share certain content available on this Website solely for personal and non-commercial use, provided that the authorship of the work is correctly attributed and all other relevant conditions required by the Controller are observed.

The limitations and exclusions provided by copyright law remain unaffected.

Access to External Resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Controller has no control over such resources and is therefore not responsible for their content and availability.

Terms applicable to any resources provided by third parties, including those regarding any rights granted over content, are determined by those third parties and governed by their terms and conditions or, if none are available, by applicable law.

 

Permitted Use

This Website and the Service may only be used for the purposes for which they are offered, under these Terms and in accordance with applicable law.

It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate any law, regulation, or third-party rights.

Therefore, the Controller reserves the right to take any appropriate action to protect its legitimate interests, including denying User access to this Website or the Service, terminating contracts, and reporting any misconduct carried out through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever the User is suspected of or has engaged in:

violations of laws, regulations, and/or these Terms;

infringement of third-party rights;
actions that may significantly harm the legitimate interests of the Controller;
offenses against the Controller or any third party.

Limitation of Liability and Indemnification

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any warranty, condition, indemnity, right, or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation that constitutes a right which cannot be excluded, restricted, or modified in any way (“non-excludable right”). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms, is limited, at the discretion of the Controller, to resupplying the services or paying the cost of having the services supplied again.

U.S. Users

Disclaimer of Warranties

The Controller provides this Website "as is" and "as available." Use of the Service is at the User’s own risk. To the fullest extent permitted by applicable law, the Controller expressly disclaims all conditions, representations, and warranties of any kind—whether express, implied, statutory, or otherwise—including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Controller or through the Service shall create any warranty not expressly stated herein.

Without limiting the foregoing, the Controller and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not warrant that: the content is accurate, reliable, or correct; the Service will be available at any particular time or location, uninterrupted or secure; any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and the User shall be solely responsible for any damage to their computer system or mobile device or loss of data that results from such download or use of the Service.

The Controller does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any website or service linked through hyperlink. The Controller shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or may not function properly with the User’s browser, device, and/or operating system. The Controller shall not be liable for any perceived or actual damages arising from the content, operation, or use of the Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The exclusions above may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement do not apply to the extent prohibited by applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Controller and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for:

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to the use of or inability to use the Service;
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies in content;
• personal injury or property damage of any nature whatsoever resulting from the User’s access to or use of the Service;
• any unauthorized access to or use of the Controller’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojans, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Controller and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding what the User paid to the Controller in the preceding 12 months, or the term of this agreement between the Controller and the User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis—even if the Controller has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The limitations and exclusions in these Terms shall apply to the extent permitted by law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Controller and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, without limitation, legal fees and expenses arising from:

• the User’s use of and access to the Service, including any data or content transmitted or received by the User;
• the User’s violation of these Terms, including but not limited to any breach by the User of any representation or warranty herein;
• the User’s violation of any third-party rights, including but not limited to any right of privacy or intellectual property;
• the User’s violation of any applicable law, rule, or regulation;
• any content that is submitted from the User’s account, including misleading, false, or inaccurate information, or access by a third party using the User’s credentials or other security measures;
• the User’s willful misconduct; or
• the User’s violation of any legal provision by themselves or their affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law.

General Provisions

No Implied Waiver

Failure by the Controller to exercise any legal right or claim arising from these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right.

Service Interruption

To ensure the best possible service level, the Controller reserves the right to interrupt the Service for maintenance, system updates, or any other changes, providing notice to Users as appropriate.

Subject to the limits of the law, the Controller may also decide to suspend or terminate the Service entirely. In the event of termination, the Controller will cooperate with Users to allow them to extract their Personal Data and will respect User rights relating to continued use or compensation, in accordance with applicable law.

Additionally, the Service may be unavailable due to causes outside the Controller’s reasonable control, such as force majeure (e.g., infrastructure failure, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website or the Service without the Controller’s express prior written permission, either directly or through a legitimate reseller program.

Privacy Policy

Information regarding the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual Property

Without prejudice to more specific provisions in these Terms, all intellectual and industrial property rights—such as copyright, trademarks, patents, and designs—related to this Website are held exclusively by the Controller or its licensors and are protected under applicable intellectual property laws and international treaties.

All trademarks—whether name-based or figurative—and all other distinctive marks, trade names, service marks, illustrations, images, or logos appearing in connection with this Website are the exclusive property of the Controller or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to These Terms

The Controller reserves the right to modify these Terms at any time. In such cases, the Controller will appropriately notify Users of the changes.

Changes will take effect in the relationship with the User only from the date specified by the Controller.

Continued use of the Service implies acceptance of the revised Terms by the User. If the User does not wish to accept the changes, they must stop using the Service and may terminate the Agreement.

The previous version will continue to govern the relationship until the User accepts the changes. That version may be requested from the Controller.

If required by applicable law, the Controller will specify the effective date of the modified Terms in advance.

Assignment of Contract

The Controller reserves the right to assign, transfer, dispose of, novate, or subcontract any or all rights and obligations under these Terms, having due regard for the User’s legitimate interests.

The provisions relating to the amendment of these Terms shall apply.

The User is not allowed to assign or transfer their rights or obligations under these Terms without the Controller’s written consent.

Contact

All communications related to the use of this Website must be sent to the contact details provided in this document.

Severability

If any provision of these Terms is deemed invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

European Users

If any provision of these Terms is or becomes invalid, void, or unenforceable, the parties shall endeavor to find, amicably, a valid and enforceable replacement provision.

If no agreement can be reached, and if permitted or required by applicable law, the invalid, void, or unenforceable provision shall be replaced by the applicable statutory provision.

Notwithstanding the above, the nullity, invalidity, or unenforceability of a specific provision shall not nullify the entire Agreement, unless such provisions are essential or of such importance that the parties would not have entered into the contract if they had known of the invalidity, or if the remaining provisions would impose an unacceptable burden on one of the parties.

U.S. Users

Any invalid or unenforceable provision will be interpreted and adjusted to the extent necessary to make it valid, enforceable, and consistent with its original intent.

These Terms constitute the entire agreement between the User and the Controller with respect to the subject matter herein and supersede all other communications, including any prior agreements, between the parties regarding the same subject matter.
These Terms shall be enforced to the fullest extent permitted by law.

Governing Law

These Terms are governed by the laws of the place where the Controller is established, as stated in the relevant section of this document, regardless of conflict of law rules.

Prevalence of National Law

However, regardless of the above, if the law of the User’s country provides a higher level of consumer protection, that higher level shall prevail.

Jurisdiction

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of the place where the Controller is established, as indicated in the relevant section of this document.

Exception for European Consumers

The above does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway, or Iceland.