TERMS AND CONDITIONS OF USE
This website (hereafter, the Website) is managed by LES HOMMES S.r.l. (hereafter LES HOMMES), an Italian company based in Via Privata Vasto, 4 - 20121 Milan, Italy. When you access this Website and consult the material contained in the subsequent web pages, you accept the following conditions as well as all matters deriving from its contents and connected contents. Use of this Website involves the application of Italian law.
EVERY USER IS REQUIRED TO READ THE FOLLOWING CONDITIONS CAREFULLY BEFORE CONSULTING OR USING THE WEBSITE.
Use of the Website is subject to the following Terms and Conditions of Use (hereafter “Conditions of Use”). Access to this Website involves unconditional acceptance of the following Conditions of Use, their mandatory nature and, in the case of online purchases made on this Website, the respective Terms of Sale. If you do not accept all Conditions of Use, please refrain from any further use of the Website. By accessing the Website, you manifest your consent to be legally obligated by the Conditions of Use.
LES HOMMES reserves the right, at its exclusive discretion, at any time and without notice, to modify the Conditions of Use. Use of the Website after those changes have been made involves acceptance of the Conditions of Use in their modified version.
1. INTELLECTUAL PROPERTY RIGHTS
The Website, considered as a whole, and all material contained on it, are owned by or on licence to LES HOMMES and are subject to the protections provided by international laws on intellectual property, including, but not limited to, rights regarding patents, copyright, trade secrets, trade names, trademarks, know-how and any other similar right recognised by laws or by international conventions in any nation or jurisdiction in the world.
This Website as a whole and all material contained on it is protected by copyright and by other intellectual property rights. You may therefore view, print and copy the contents of this Website (including, merely by way of example, texts, images, photographs, animations, videos, logos, trademarks and designs) only for personal purposes of non-commercial nature. Except as provided here, it is not permitted to use, modify, print, display, reproduce, distribute or publish the information contained in this Website without the written consent of LES HOMMES. This Website may contain material protected by intellectual property rights of third parties. In those cases, the permitted uses must be verified with the holders or licensees of the respective rights as identified from time to time on the Website.
When making use of the Website, whether permitted or otherwise, no right, entitlement and/or interest deriving from or relating to the content, material or software of the Website is understood to be transferred to you or acquired by you.
The Website and its content are offered to you exclusively in the state in which they are found and according to availability, with no guarantees of any nature, neither explicit nor implicit. No certification of facts or any guarantee may derive from written information provided by way of the Website or in relation to its Content, therein including, merely by way of example, guarantees of ownership or security against malicious programmes (such as viruses, worms and Trojan horses) or implicit guarantees or merchantability or suitability for particular purposes. LES HOMMES expressly declines any certification of facts and guarantees. With the exception of the binding limits of law LES HOMMES may not in any case be held liable (in any guise, both contractually and by tort) for any direct, indirect, incidental, accessory or other type of damage, pecuniary or non-pecuniary (including, merely by way of example, damage for loss of profit or income, loss of data or programming, even where the possibility of those damages occurring has been reported to LES HOMMES) deriving from:
a. use of the Website by you, including, but not limited to, any loss or damage caused by any delay, inaccuracy, error or omission with regard to any information obtained from or by way of the Website;
b. your impossibility of using the Website for any reason, including, but not limited to, communication error or any other unsuccessful transmission or any information obtained on or via the Website;
c. deletion, correction, damage, loss or lack of memorisation of any information related to or sent on the Website;
d. use of any product or service obtained from or via the Website;
e. unauthorised access to the Website and unauthorised alteration of transmissions or data;
f. declarations or conduct of third parties on the Website;
g. any other event in any way connected to the Website.
By using the Website, therefore, you undertake to bear all risks connected to that use, indemnifying LES HOMMES from any damages deriving from or caused by the use of this Website or relating to it. LES HOMMES will make all possible efforts to guarantee the accuracy and preciseness of the information contained on the Website but it can in no way guarantee that that information is complete, accurate and always updated, that the Website does not contain imperfections or that any imperfections will be corrected. If the legislation in force in that regard does not allow for the limitations of liability or the exclusion of implicit guarantees, described above, those exclusions and limitations may not be applicable in whole or in part to you.
Every reference to any products or services that have been or may be provided by LES HOMMES or by any other company authorised for that purpose by LES HOMMES does not constitute a promise that those products or services will, at any time, be available. Changes or improvements to those products or services may be made at any time without prior communication.
The material shown on the Website may in any case contain inaccuracies or errors. LES HOMMES shall not be held liable, in any way, for any inaccuracies and errors or losses or damages caused by or deriving from the reliance made by users on the information obtained from this Website or by way of it. It is your responsibility to assess the information and content obtained via the Website. In any case, LES HOMMES reserves the right, at any time, to modify or deactivate temporarily or permanently the Website (or any part of it) with or without prior notice. You acknowledge the fact that LES HOMMES will not be liable towards you or towards third parties for any modification, suspension or interruption of the Website.
By accessing the Website, you also undertake to indemnify, hold harmless and defend LES HOMMES, its subsidiaries and associates, its employees, directors and shareholders from any claim by third parties, damage, loss, cost, expense (including the respective legal and judicial costs reasonably incurred) deriving from use of the Website or in relation to it.
4. UNAUTHORISED ACCESSES AND USE OF THE WEBSITE
Website Users are authorised to consult only the documents indicated in its menu. It is prohibited to make any unauthorised attempt to overcome or circumvent the Website protections, to use operating systems that make the Website work or are connected to the Website for uses other than those for which they are intended and to hinder its use by authorised users, as well as to access, obtain, destroy, alter, damage information contained therein or to interfere with those systems. Any such conduct/action will be brought to the attention, without delay, of the competent authorities and will be prosecuted in all competent civil and criminal venues in accordance with laws and international conventions.
5. PERSONAL ACCOUNT
When creating a personal account on the Website (MY ACCOUNT), you undertake to provide true and accurate personal information during the registration and to update it regularly. As a registered user, you must store the access credentials to your Account appropriately and not disclose them. You must promptly communicate to LES HOMMES any unauthorised use of the access credentials to your Account. You are responsible for any activity executed using your Account and are held liable for any damages of any nature consequent to the improper use of the access credentials to your Account or for any abuse of the services provided by your Account.
6. TRANSMISSION OF MATERIAL AND CONTRIBUTIONS
You recognise that any proposals, plans, concepts, photographs, contributions or any other content and material (excluding personal data) communicated or sent to LES HOMMES via this Website or by other methods (hereafter, the “Material”) does not constitute reserved material and is not owned by the sender, but will become and will remain the property of LES HOMMES. Any such communications or transmissions of material by you imply the transfer to LES HOMMES of every right, entitlement and interest, including those deriving from copyright, over the Material sent. LES HOMMES is not required and will not be required in future: (i) to keep confidential any Material sent by you; (ii) to pay any fee for using the Material sent or in relation to it; (iii) to respond to submissions of Material or to confirm receipt. You declare and warrant that the Material sent does not violate in any way the rights of third parties, therein including, merely by way of example and without limitation, rights relating to copyright, trademarks, patents, trade secrets, confidentiality and other property rights or rights of personal nature. By sending Material, you recognise the right, but not the obligation, of LES HOMMES to copy, publish, distribute or use the Material sent, or part of it, for any purpose, therein including, merely by way of example, for advertising, promotional purposes, product development or for other commercial purposes, without this granting to you or to third parties the right to receive a fee. You are and will be the only person liable for the content of any Material sent.
7. LINKS TO OTHER WEBSITES
The Website may contain links for accessing other websites owned by third parties. These websites may contain and be regulated by their own terms and conditions of use or have no terms and/or conditions. LES HOMMES does not accept any liability for those websites and provides those links only in support of users. Those links may lead to advertisers, content providers or other companies that may use the logo and/or graphics of LES HOMMES as a result of a co-branding agreement. Those websites may send their cookies to you and may collect information and use the same in a manner not coherent with these Terms and Conditions of Use. In addition, as it has no control over those websites and external sources, LES HOMMES may not be held liable for the same and it, therefore, declines any liability for the content, advertising, products, services and any other material available on, or disseminated by those websites or external sources. In addition, LES HOMMES may not be held liable for any damage or loss, real or presumed, deriving from the use of or reliance placed on the content or on the products and services available on those websites or external sources.
The security of data sent via the Internet is not guaranteed to be completely secure. Third parties may, beyond the control of LES HOMMES, manage to intercept private transmissions or communications, sent on the Website without the permission or knowledge of LES HOMMES.
LES HOMMES undertakes, insofar as possible, to protect your personal information; however, it cannot ensure or guarantee the security of any information sent by you. Those data transmissions are completed at your own risk and LES HOMMES cannot be held liable in any way for any security breach that is not directly attributable to the negligent conduct of LES HOMMES itself.
9. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
By accessing the Website, you declare and warrant to (a) accept these Terms and Conditions of Use; (b) use the Website always in compliance with these Terms and Conditions of Use. You also declare to indemnify and hold harmless LES HOMMES from any damage, cost, liability, legal action, court case, criminal sanction, expense, obligation, loss, complaint, action, charge and cost (including, but not limited to, legal fees and costs), relating to or deriving from any violation of those Terms and Conditions of Use or from any use of the Website by you.
10. APPLICABLE LAW AND JURISDICTION
You are aware of the fact that by accessing the Website you accept Italian law. These Conditions of Use are regulated and interpreted in conformity with Italian laws and any action deriving from, or relating to, the Conditions of Use, will be subject to the exclusive jurisdiction of the Court of Milan, Italy. With regard to the correct interpretation of those Conditions of Use, in the event of any discrepancy between the original text in Italian and its translation into any other language, the original text in Italian will be considered the binding version.
Latest update, February 2020