Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between you and Quartzwind governing your access to and use of our website and services. By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these terms.

Last updated: November 24, 2024

Binding Nature of Agreement

These Terms and Conditions create a legally binding contract between you and Quartzwind. Your use of our website or services signifies your acceptance of these terms in their entirety. If you do not agree with any provision contained herein, you must immediately cease using our website and services.

These terms apply to all users of our website, including visitors, browsers, customers, and any other users who access or use our services. By accessing our website, you represent that you are at least 18 years of age and have the legal capacity to enter into binding agreements.

User Obligations and Conduct

Legal Compliance

You agree to comply with all applicable local, national, and international laws and regulations when using our website and services. This includes but is not limited to laws regarding intellectual property, privacy, data protection, and electronic communications.

You are solely responsible for ensuring that your use of our services complies with all laws applicable to you in your jurisdiction. We make no representation that our services are appropriate or available for use in all locations.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

1. Using our services for any unlawful purpose or in violation of these terms
2. Attempting to interfere with, compromise, or disrupt our website or servers
3. Impersonating any person or entity or falsely representing your affiliation with any person or entity
4. Collecting or harvesting any personally identifiable information from our website without consent
5. Using automated systems or software to extract data from our website without authorization
6. Engaging in any activity that could damage our reputation or business relationships

Content Guidelines

If you submit any content to our website, including through contact forms or communications, you agree that such content will not contain material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. You represent that you own or have the necessary rights to submit any content you provide to us.

Age Restrictions

Our website and services are intended for users who are at least 18 years of age. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding agreements. If you are under 18, you must obtain permission from a parent or legal guardian before using our website.

Account Security

If you create an account with us, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We make no warranty that our services will meet your requirements, be uninterrupted, timely, secure, or error-free.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be free from viruses or other harmful components.

Limitation of Liability

In no event shall Quartzwind, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of (or inability to access or use) our services
• Any conduct or content of any third party on our services
• Any content obtained from our services
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for any claims arising from or related to our services shall not exceed the amount you paid us in the six months preceding the claim, or one hundred euros (€100), whichever is greater.

Exclusion of Consequential Damages

We shall not be liable for any consequential, incidental, indirect, exemplary, punitive, or special damages of any kind, including loss of revenue, profits, data, or anticipated savings, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages, so some of these limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Quartzwind and our licensors, partners, officers, directors, employees, contractors, agents, and representatives from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services, your violation of these terms, or your violation of any rights of another party.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Legal Information and Dispute Resolution

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Italy, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding between you and Quartzwind shall be brought exclusively in the courts of Rome, Italy.

By using our services, you irrevocably consent to the exclusive jurisdiction and venue of such courts. If you are a consumer residing in the European Union, you may have additional rights under local consumer protection laws, and nothing in these terms affects those rights.

Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising from or relating to these terms or our services, we encourage you to first contact us directly to seek a resolution. We are committed to working with our users to resolve disputes fairly and efficiently.

If we cannot resolve the dispute through direct negotiation within 30 days, either party may pursue legal remedies through the courts specified in the governing law provision above. For disputes involving smaller claims, you may also have the option to pursue resolution through consumer protection agencies or ombudsman services in your jurisdiction.

Severability Clause

If any provision of these Terms and Conditions is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Quartzwind concerning your use of our services. These terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. Any waiver of any provision of these terms will be effective only if in writing and signed by an authorized representative of Quartzwind. The waiver of any such right or provision will not operate as a waiver of any other right or provision.

Assignment

You may not assign or transfer these Terms and Conditions or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these terms at any time without notice to you. Any attempted assignment in violation of this section shall be void.

Privacy and Data Protection

Privacy Obligations

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By agreeing to these Terms and Conditions, you also acknowledge that you have read and understood our Privacy Policy. We are committed to protecting your privacy and handling your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

Data Security

While we implement reasonable security measures to protect your information, you acknowledge that no method of transmission over the internet or electronic storage is completely secure. You understand and accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties.

Third-Party Interactions

Our website may contain links to third-party websites or services that are not owned or controlled by Quartzwind. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services.

Terms Modification Policy

We reserve the right to modify or replace these Terms and Conditions at any time at our sole discretion. When we make material changes, we will provide notice by updating the "Last updated" date at the top of these terms and by posting a prominent notice on our website for a reasonable period.

For significant changes that materially affect your rights or obligations, we may also provide additional notice such as sending an email notification to registered users or displaying a more prominent notice on our website.

Your continued use of our website or services after any modification to these Terms and Conditions constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you must stop using our services. We encourage you to review these terms periodically to stay informed of any updates.

Contact Information

If you have any questions, concerns, or comments about these Terms and Conditions, please contact us. We are committed to addressing your inquiries promptly and professionally.

Quartzwind

Via Condotti 15, 00187 Roma, Italy

Email: info@quart-zwind.com

Phone: +39066785712

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