Please read the following Website Legal Notice carefully as it contains the Terms and Conditions of Usage of the OVHDInstallers Website, Web pages or any part thereof (located at https://www.ovhdinstallers.co.za/) (the “Website”) owned by fm studio grafico di Fabrizio Mocchetti as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”). You will be subject to the Website Legal Notice in force at the time that you use the Website. For the avoidance of doubt, the Website Legal Notice available on the Website at the time of each of Your Website usage sessions shall govern the relevant session.
1 WEBSITE TERMS AND CONDITIONS OF USAGE
The User’s (Your) registration on and/or usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards OVHDInstallers. This agreement was last revised on November 20, 2020. You are advised to regularly check these Terms and Conditions for any amendments or updates
These Terms and Conditions shall apply to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the website by you and by those you allow to use, or provide access to, the Website.
1.3 LIMITED LIABILITY OF OVHDInstallers
THE USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT USAGE OF THE WEBSITE AND RELIANCE ON THE WEBSITE CONTENT IS AT THE DISCRETION AND RISK OF THE USER. OVHDInstallers, IN ITS DISCRETION, RESERVES THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: CONTENT, HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE OF THE WEBSITE. OVHDInstallers SHALL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE WEBSITE; HOWEVER, OVHDInstallers TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR THE WEBSITE BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND THE CONTROL OF OVHDInstallers
1.4 No Warranty
The Website has not been tailored to any specific individual User’s requirements and is provided to the public as a whole; based thereon the information contained on the Website is provided by OVHDInstallers and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. OVHDInstallers makes all reasonable efforts to ensure that all material and information on this Website is correct but cannot represent or guarantee the accuracy thereof. As such, OVHDInstallers makes no warranties or representations as to the accuracy of the content, information, and materials contained in this Website which are provided to you, as is and as available.
1.5 Indemnification of OVHDInstallers
Subject to clause 1.1 above, You agreed to defend, indemnify and hold OVHDInstallers, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, consequential or punitive damages and any reasonable legal and/or accounting fees, resulting from, (i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text, images, video or audio from this Website, and/or (iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
1.6 Unauthorised Use of the Website
The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of OVHDInstallers or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of OVHDInstallers or which constitutes advertising of goods or services in the absence of written approval from OVHDInstallers. Unauthorised use of this Website may give rise to OVHDInstallers instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
1.7 Third Party Website Links
OVHDInstallers may include or provide links to third party websites on the Internet. Such websites may provide opinions, recommendations, or other information from various individuals, sponsors, organisations or companies. In providing such links, OVHDInstallers does not investigate the content of such information nor endorse, guarantee, warrant, or recommend the accuracy and/or legality of such information, alternatively subscribe to any such opinions or recommendations.
1.8 OVHDInstallers’s Website Links
The Website may also contain links to other websites which are owned and run by OVHDInstallers and contains, for instance, further information on the offering of goods and services OVHDInstallers. These links are provided for Your convenience and for the purpose of providing additional information. Your use of the linked OVHDInstallers website is governed by the usage terms applicable to that specific website and is not governed by the Terms and Conditions of this Website.
1.9 Applicable Law, Jurisdiction and Arbitration
1.9.1 This Agreement will be governed and interpreted in accordance with the laws of the Italian Republic.
1.9.2 In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Busto Arsizio, Italia and each party hereby consents to the jurisdiction of the courts thereof.
1.10 Website Intellectual Property
This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of OVHDInstallers and/or various third parties and subject to the intellectual property laws of Italy. Further and to the extent that OVHDInstallers does not own specific content, or such content falls within the public domain, OVHDInstallers may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or licence to OVHDInstallers’s intellectual property or the intellectual property of third parties have been granted to You, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of OVHDInstallers and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
1.10.1 commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of OVHDInstallers or in the case of third party content, the owner of that content;
1.10.2 claim or convey ownership of Website content either in its entirety or otherwise;
1.10.3 modify the Website content for the purposes of reposting to other websites;
1.10.4 alter or remove any trademark, copyright or other notice from the Website content;
1.10.5 copy or otherwise incorporate Website content into or store in any other website, electronic retrieval system, publication or other work in any form; and/or
1.10.6 frame tthe Website or any part of the Website.
1.11 Software and Equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.