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Terms and Conditions for Qubeetz

These Terms govern

  • the use of this Website e

  • any other Agreement or legal relationship with the Owner

in a binding way. Capitalized expressions are defined in the relevant section of this document.

The User is asked to read this document carefully.

Nothing in these Terms gives rise to an employee, agency or association relationship between interested parties.

The person responsible for this website is:

Elda Di Matteo

via dei Lucani 46

66100 Chieti

Italy

Owner email address: info@qubeetz.com

Information on this Website

Blog and ecommerce

"This Website" refers to

  • this site, including its subdomains and any other site through which the Owner offers the Service;

  • service;

  • any software included as part of the Service, as well as any application, model file, content file, script, source code, instruction set and related documentation;

The following documents are integrated into the Terms for referral:

To know at a glance

  • Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. These limitations are always explicitly mentioned in each affected clause. In case of no mention, the clauses apply to all Users.


TERMS OF USE

PREAMBLE: IDENTIFICATION DATA

Elda Di Matteo: person who owns the "QuBeetz" brand and its website "qubeetz.com" and "qubeetz.com" with address at Via Dei Lucani, 46, 66100 Chieti, Italy. Contact email: info@qubeetz.com. This information complies with the provisions of the General Conditions of Use available at the following link General Conditions of Use .

USERS: Access and / or use of this qubeetz.com or qubeetz.com portal by Elda Di Matteo attributes the USER's condition, which the user accepts, as well as stipulated in the General Conditions of Use available in the following link General conditions of use.

The USER (hereinafter referred to as the Customer) declares to have read, understood and accepted the General Conditions of Use of the qubeetz.com portal (General Conditions of Use)

GENERAL REGULATION FOR THE PROTECTION OF PERSONAL DATA: In accordance with the provisions of the General Regulation on the protection of personal data (hereinafter, the GDPR), we inform you expressly, accurately and unequivocally that the data provided by you, also as those generated during the relationship with our entity, will be processed under the responsibility of Elda Di Matteo, in order to maintain and respect the entity-customer relationship and provide services derived from it, including sending, communications, information circulars, various and any of interest to the customer as part of the aforementioned report.

Consent will be understood provided that you do not communicate your revocation in writing. The owner of the data undertakes to communicate in writing to Elda Di Matteo any changes to the data provided.

It is possible at any time to exercise the right of access, rectification, cancellation / cancellation, opposition, limitation or portability in the terms established by the General Data Protection Regulation, by requesting an appropriate request from Elda Di Matteo at the following address: Via Dei Lucani, 46, 66100 Chieti.

LANGUAGE: the language used by the owner on the Web will be Italian. Elda Di Matteo is not responsible for the user's lack of understanding or understanding of the language of the web, nor for its consequences. The use of other languages other than Italian is to be considered not legally binding, always authentic as written in Italian.

1. GENERAL: this page shows the Terms and Conditions that perfect the sale of the products and services offered by Elda Di Matteo at the electronic shop owned by her "qubeetz.com" between herself and the Customers of the same web page "qubeetz.com ".

2. PURPOSE: The purpose of these General Terms and Conditions is the sale by Elda Di Matteo of the goods or services offered in its electronic shop "qubeetz.com e" in exchange for a financial payment by the Customer.

3. VALIDITY: These General Terms and Conditions, together with the order confirmation, constitute the contract between Elda Di Matteo and the Customer for the supply of products and services. The Customer accepts the General Terms and Conditions written in this text from the moment the order ends.

4. ORDERS

4.1. To place orders, the customer must be at least 18 years old or be a legal person.

4.2. The customer can choose a form of payment from those that appear in the purchase process.

4.3. Each order has its unique reference number which the customer must keep for future reference.

4.4. The order corresponds to an offer to buy from the user that Elda Di Matteo can refuse. In case of refusal of the order, in the event of payment by the Customer, the full amount paid will be returned as soon as possible and, in any case, within a period of 14 working days, without prejudice to the own times used by the credit to complete the reimbursement and various and possible causes that do not respond to the control of Elda Di Matteo.

5. PRICES

5.1. The sale price of each product and service is clearly indicated on the website, even if a product is on sale or at a reduced price, this will also be highlighted on the same page.

5.2. Sale prices, offers, promotions etc ... can change at any time at the discretion of Elda Di Matteo without notice.

5.3. The price and conditions applied to the Customer are those in force at the time the Customer completed the order.

5.4. Very occasionally, the prices of the products shown in our online stores may be incorrectly specified and show a price lower or higher than the corresponding one due to an error. When this happens and if we have confirmed your order, we will contact you as soon as possible to issue a new order confirmation with the correct price. In this specific case the customer, if he wishes, can cancel his order. Depending on whether the correct prices are higher or lower, the customer must agree to pay the difference or be reimbursed for the difference in price. In the event that an agreement is not reached, the purchase process cannot be perfected, therefore all the amount already paid will be returned to the customer as soon as possible and, in any case,

5.5. We reserve the right to charge the order amount from the moment it is received.

5.6. The sales prices indicated on qubeetz.com are indicated exempt from VAT in force in Italy.

5.7. Shipping costs and other services, where applicable, are not indicated in the price of the products. They apply to the Customer according to the specifications mentioned in the "Shipping costs and times" page on the portal. In any case, all transport and service costs are clearly indicated to the Customer on the summary page that is displayed before the end of the procurement process.

5.8. With respect to the type of service offered, the customer's needs, various and any circumstances, the price could be customized for each customer. The price for the personalized service will depend on a calibration test and other preparatory tests that Elda Di Matteo estimates necessary. Once the customized price has been assessed, a dedicated and univocal web page for the customer with a complex alphanumeric URL will be generated within the portal. In this electronic office, the Customer can view the sale price personalized for him, how many other details Elda Di Matteo considers convenient or necessary to include and, if the Customer wishes, he can proceed with the purchase with the same methods, rights and obligations to the provisions of this contract.

   

6. PAYMENT OF PRODUCTS: the customer must choose the payment method based on the possibilities shown in the purchase process. All payment portals are stipulated by Elda Di Matteo with the most appropriate financial entities in order to manage payments. The payment portals are managed only by the same financial entities that provide it in compliance with Italian rules and laws, including compliance with the laws on secure transactions (transaction for payment portal encrypted with SSL technology).

It should also be noted that the payment portals provided by financial entities are independent of the "qubeetz.com" portal

7. DELIVERY OF PRODUCTS or SERVICES:

SERVICES
7.1 The services offered on the public web page, if any, will be delivered within a maximum time of 60 working days (the official Italian working calendar, Abruzzo region, municipality of Chieti).
7.2 The personalized services offered through a dedicated and univocal web page for the Customer with a complex alphanumeric URL will be delivered within a set time in a personalized form for the customer. The Customer will be informed of the timing of the disengagement of the personalized service within the same univocal web page provided for in article 5.8
7.3 With respect to the services provided in articles 7.1 and 7.2 as long as the customer wishes, provided that the type of service is compatible, the customer will receive weekly updates and / or partial results. In any case, at the end of the work, the customer will receive the final report with all the results achieved.
7.4 When the service concerns the delivery of numerically quantifiable samples (leads), in the event that the mere number of samples contracted by the customer cannot be obtained, Elda Di Matteo will return the proportional part of the service not provided to the Customer. The calculation of the amount of the service not provided will be performed through a mere arithmetic calculation based on the simple average. In no case will a different weight be attributed to each sample claiming that it has an arbitrary value.

 

8. RIGHT TO RETURN AND EXCHANGE OF PRODUCTS: in accordance with applicable laws, the Customer who completes any online purchase can return the order within 14 days, in whole or in part, without any justification.

To use the customer's right:

8.1. The Customer must express his intention to use his rights by informing Elda Di Matteo within 14 days, from the day the purchase was made, by e-mail (the customer must use the same e-mail that already identifies him as user of the shop) at info@qubeetz.com or by certified mail to Elda Di Matteo, via dei Lucani, 46, 66100 Chieti.

8.2. The prices of the returned products, if accepted, will be refunded to the customer within 14 days from the receipt of the return.

9. AFTER SALES SERVICE: all questions can be sent to info@qubeetz.com

10. CUSTOMER OBLIGATIONS: The Customer undertakes to fill in the order forms and their fields according to the instructions indicated. The data will be protected in accordance with the law. The Customer also agrees to pay the price of the product, with the corresponding taxes and other services when requested.

The customer must keep a copy of the data contained in the products purchased. Elda Di Matteo is not responsible for any loss of data, files or, in general, for any damage resulting from a failure of the Customer in backing up the data contained in the products purchased.

Elda Di Matteo is not responsible for the consequences that could derive from the improper use of the products and services sold in its online store.

11. PROMOTIONS

11.1. Promotions have a deadline that changes based on the promotion itself. The expiry date may or may not be communicated at the discretion of Elda Di Matteo;

11.2. Discount coupons are applied to the value of the service.

11.3. Discount coupons may or may not have a minimum amount to be consumed to take effect, at Elda Di Matteo's discretion.

11.4. Elda Di Matteo reserves the right to cancel promotions for all Users or for well-identified Users, with or without notice and at its discretion.

12. OBSERVATIONS: all opinions written by customers are controlled by the portal team. If the opinions received violate the law, ethics or morals (abusive publicity, defamation, insults, comments out of context ...), Elda Di Matteo reserves the right to reject these opinions.

13. MODIFICATIONS TO THE GENERAL CONDITIONS OF CONTRACT: Elda Di Matteo reserves the right to modify, at any time and without notice, the General Contract Conditions. Customers will always have these General Terms and Conditions in a visible link within the "qubeetz.com" portal, freely accessible for any question they wish to ask. Customers must carefully read these General Terms and Conditions every time they wish to place and finalize an order. In any case, acceptance of the General Terms and Conditions will be a previous and indispensable step to perfect the purchase order of the products or services.

14. FORCE MAJEURE: Elda Di Matteo is not responsible for the non-execution of these conditions in case of force majeure, unforeseeable fact caused by the Customer or a third person outside the contract, or various and any uncontrollable by Elda Di Matteo.

 

Unless otherwise specified, the conditions of use of this website shown in this section are generally valid.

Additional conditions of use or access applicable in particular situations are expressly indicated in this document.

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

  • There are no restrictions on Users with respect to whether they are Consumers or Professional Users.

Registration

To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.

You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of the Users to keep their access credentials in a secure way and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials.

Users are required to inform the Owner immediately and unequivocally through the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.

Account closure

The User is free to close his account and stop using the Service at any time, following this procedure:

  • By contacting the owner at the contact details in this document.

Suspension and cancellation of account

The Owner reserves the right to suspend or cancel a User account at any time at his discretion and without notice, if he deems it inappropriate, offensive or contrary to these Terms.

Suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.

Content on this Website

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

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

In such cases, without prejudice to the rights and claims that can be legally exercised, Users are requested to submit the related complaints using the contact details specified in this document.

Rights to the contents of this website

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

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

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring / alienating to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge.

If expressly indicated on this Website, the User is authorized to download, copy and / or share certain content available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Data Controller.

The limitations and exclusions provided for by copyright law remain unaffected.

Access to external resources

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

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to contents, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.

Permitted use

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

It is the User's sole responsibility to ensure that the use of this Website and / or the Service does not violate the law, regulations or rights of third parties.

Therefore, the Owner reserves the right to take any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, denounce any reprehensible activity carried out through this Site. Web or the Service to the competent authorities - p. es. the judicial or administrative authority - whenever the User puts in place or there is a suspicion that he puts in place:

  • violations of law, regulations and / or terms;

  • injury to third party rights;

  • acts that can considerably prejudice the legitimate interests of the Data Controller;

  • offenses to the Owner or to a third party.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Website, as part of the service, are provided for a fee.

The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of this Website.

Product description

Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the utmost technically possible accuracy, representation on this Website by any means (including, as appropriate, graphic materials, images, colors, sounds) is to be understood as a mere reference and not implies no guarantee regarding the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each phase, from the choice of the product to the forwarding of the order, is part of the purchase procedure.

The purchase procedure includes the following steps:

  • Users are asked to choose the desired Product, to make it appear in the purchase selection, indicating, where possible, specific quantities and characteristics.

  • Users can control their choice, modify, add or remove articles.

  • Users will be asked to specify their billing address, contact details and a payment method of their choice.

  • During the purchase procedure, Users can, at any time, modify, correct or replace the information provided or completely cancel the purchase procedure without any consequence.

  • After providing all the required information, Users are asked to carefully check the order and can subsequently proceed to checkout.

  • By clicking on the checkout button, Users access the Stripe checkout area where they will be asked to indicate their contact details and a payment method of their choice.

  • Users who have not yet done so can request Stripe to store their payment information for future purchases on this Website or on other sites that use Stripe as a payment portal. To receive information on the processing of personal data and related rights, the User can consult the privacy policy of Stripe and this Website.

  • Within the Stripe checkout area, Users will have the opportunity to choose direct checkout. The direct checkout allows Users to complete the purchase directly, using the payment information and contact details stored by the most common online payment management services (such as "ApplePay", "Google Pay", "Microsoft Pay").

To submit the order, Users are required to accept these Terms and to use the respective button or mechanism on this Website, in this way, by undertaking to pay the agreed price.

Sending the order

Sending the order involves the following:

  • The sending of the order by the user determines the conclusion of the contract and gives rise to the obligation of the User to pay the price, taxes and any further charges and expenses, as specified in the order page.

  • In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation of the User to collaborate with accordingly.

  • Once the order has been sent, Users will receive a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase procedure and before submitting the order, Users are duly informed of all the commissions, taxes and costs (including any shipping costs) that will be charged to them.

The prices on this website are shown:

  • inclusive of all applicable commissions, fees and costs;

Promotions and discounts

The Owner may offer special discounts or promotions for the purchase of the Products. These promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this website.

Promotions and offers are always granted at the owner's sole discretion.

Repeated or periodic promotions or discounts do not constitute any claim or right that may be activated by Users in the future.

Depending on the case, the discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, if a promotion or discount is limited in time, the time frames refer to the time zone of the owner's office, as indicated in the contact details in this document.

Good

Promotions and discounts can be offered in the form of Coupons.

In case of violation of the conditions applicable to the Coupons, the Data Controller can legitimately refuse to fulfill his contractual obligations and expressly reserves the right to act in the appropriate venues also judicial in order to protect his rights and interests.

Any additional or divergent provisions applicable to the use of the Coupons shown on the relevant information page or on the Coupon itself prevail in any case, regardless of the provisions that follow.

Unless otherwise specified, the following rules apply to the use of Coupons:

  • Each voucher is valid only if used in the manner and in the period of time specified on the website and / or on the voucher;

  • The voucher can only be redeemed in full at the time of purchase - partial use is not allowed;

  • Unless otherwise specified, single-use vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of purchases in installments;

  • Coupons cannot be combined;

  • The voucher must be used within the specified validity period. Once the deadline has expired, the voucher will be automatically canceled. Any possibility of claiming rights, including the refund of the value of the voucher, is excluded;

  • The User has no right to any credit / refund / compensation if there is a difference between the value of the voucher and the value redeemed;

  • The voucher is intended for non-commercial use only. The reproduction, counterfeiting and marketing of the voucher are strictly prohibited, as well as any illegal activity related to the purchase and / or use of the voucher.

Means of payment

The details of the accepted means of payment are highlighted during the purchase procedure.

Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relevant section of this website.

All payments are managed independently by third party services. Therefore, this Website does not collect payment data - such as credit card numbers - but receives a notification once the payment has been successful.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are charged to the User.

Use rights reserve

Until the owner receives the payment of the full purchase price, the user does not purchase the rights of use of the ordered products.

Delivery

Provision of services

The service purchased will be performed or made available within the times indicated on this Website or in the manner communicated before placing the order.

User rights

Right of withdrawal

Except for exceptions, the User may have the right to withdraw from the contract within the term specified below (usually 14 days) for any reason and without justification. The User can find more information on the right of withdrawal in this section.

Guarantees

Satisfied or refunded for the purchase of services

Without prejudice to the provisions of the law, the Owner grants Users the right to withdraw from the purchase of a service they are not satisfied with within 14 days of the conclusion of the contract.

The Owner will refund the price of the Product purchased using the same payment method as the original transaction. In order to take advantage of this right, Users must send an unequivocal communication to the Owner. Although it is not necessary to indicate a reason, Users are kindly requested to specify the reason why they wish to avail themselves of the money-back guarantee.

The Owner will verify that all the conditions of the money-back guarantee are met and, if so, will refund the purchase price. The User will no longer have access to the service purchased.

Limitation of Liability and Indemnity

European users

indemnity

The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, brand owners, partners and employees from any claim or claim - including, without limitation, legal fees and expenses - made by third parties to due to or in connection with culpable behavior such as the use or connection to the service, the violation of these Terms, the violation of third party rights or laws by the User, its affiliates, officers, agents, co-owners of the brand, partners and employees, to the extent required by law.

Limitation of Liability for User Activities on this Website

Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Owner (or any natural or legal person acting on his behalf) is excluded.

The foregoing does not limit the responsibility of the Data Controller for death, damage to the person or to physical or mental integrity, damage deriving from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and / or to the damage caused with willful misconduct or gross negligence, provided that the use of this Website by the User has been suitable and correct.

Unless the damages were caused with willful misconduct or gross negligence or affect life and / or personal, physical or mental integrity, the Data Controller is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits indicated above, the Data Controller assumes no responsibility for:

  • any lost profits or other losses, even indirect, that the User may have suffered (such as, by way of example, commercial losses, loss of revenues, profits or budgeted savings, loss of contractual or commercial relationships, loss of goodwill or damages reputation, etc.);

  • damages or losses deriving from interruptions or malfunctions of this Website due to causes of force majeure or unexpected and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, for example, failures or interruptions of the telephone or power lines, Internet connection and / or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of third party products, services or applications;

  • any losses that are not a direct consequence of a violation of the Terms by the Owner;

  • Damage, prejudice or loss due to viruses or other malware contained or connected to files downloadable from the Internet or through this Website. Users are responsible for adopting adequate security measures - such as antiviruses - and firewalls to prevent any infections or attacks and to protect backup copies of all data and / or information exchanged or uploaded on this Website.

Australian users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any guarantee, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and which constitutes a right which cannot in any way be excluded, limited or modified (right cannot be excluded). To the maximum extent permitted by law, our liability to you, including liability for violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to a new supply of services or to pay the cost of repeating their supply.

USA users

Warranty disclaimer

This website is provided strictly in the state in which it is located and subject to availability. The use of the Service is at the User's risk. To the maximum extent permitted by law, the Data Controller expressly excludes conditions, agreements and guarantees of any kind - whether they are expressed, implied, statutory or of any other type, including, but not limited to, any implied warranties of merchantability, of fitness for a particular purpose or non-violation of the rights of third parties. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document

Without prejudice to the foregoing, the Owner and his subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free from viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's risk and danger and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from this operation or from the use of the Service by the User.

The Data Controller does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service connected via hyperlinks. Furthermore, the Data Controller does not take part in or in any way monitor any transaction between Users and third party suppliers of products or services.

The Service may become inaccessible or not function properly with the User's browser, device and / or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.

Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may enjoy additional rights which vary from state to state. The limitations and exclusions provided for in this Agreement apply within the limits established by law.

Limitation of liability

To the maximum extent permitted by applicable law, the Owner and his subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees may under no circumstances be held responsible for

  • any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, damage resulting from the loss of profits, goodwill, use, data or other intangible losses, deriving from or relating to use, or the inability to use the Service; is

  • any damage, loss or injury resulting from hacking, tampering or other access or unauthorized use of the Service or User account or the information contained therein;

  • any error, lack or inaccuracy in the contents;

  • personal injury or material damage, of any nature, resulting from the access or use of the Service by the User;

  • any unauthorized access to the owner's security servers and / or any personal information stored there

  • any interruption or termination of transmissions to or from the Service;

  • any bugs, viruses, trojans or similar that may be transmitted to or through the Service;

  • any error or omission in any content or for any loss or damage suffered as a result of the use of any published content, sent via email, transmitted or otherwise made available through the Service; and / or

  • the defamatory, offensive or illegal conduct of any User or third parties. In no case can the Owner and his subordinates, affiliates, officials, agents, brand owners, partners, suppliers and employees be held responsible for any request for compensation, proceedings, responsibility, obligation, damage, loss or cost for an amount greater than that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This section on limitation of liability applies within the maximum limits permitted by law in the applicable jurisdiction, regardless of whether the alleged liability derives from the contract, unlawful act, negligence, strict liability or from any other basis, even if the Owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms confer specific legal rights on the User and the User may enjoy other rights that vary from jurisdiction to jurisdiction. The exceptions, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits established by applicable law.

indemnity

The User undertakes to defend, indemnify and hold harmless the Owner and his subordinates, affiliates, officials, agents, brand owners, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, responsibility, burden o debt and expense, including, without limitation, legal fees and charges arising out of

  • the use or access to the Service by the User, including any data or content transmitted or received by the User;

  • the violation of these Terms by the User, including, but not limited to, any violations by the User of any declaration or guarantee provided by these Terms;

  • violation by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;

  • violation by the User of any applicable law, rule or regulation

  • any content sent from the User's account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User's username and password or other measures security, if any;

  • the malicious conduct of the User; or

  • the violation of any legal provision by the User or its affiliates, officials, agents, trademark holders, partners, suppliers and employees, within the limits permitted by applicable law

Common provisions

No implicit waiver

Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered definitive in relation to a specific right or any other right.

Service interruption

To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate information to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will endeavor for Users to extract their Personal Data and information according to the provisions of the law.

In addition, the Service may not be available for reasons that are beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy policy

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

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under international laws and treaties applicable to intellectual property.

All trademarks - word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under of the international laws and treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate news of the changes to the Users.

The changes will affect the relationship with the User only for the future.

Continued use of the Service implies acceptance of the User by the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in each party's right to withdraw from the Agreement.

The previous applicable version continues to govern the relationship until the User is accepted. This version can be requested from the Owner.

If required by applicable law, the Data Controller will specify the date by which changes to the Terms come into force.

Contract assignment

The Owner reserves the right to transfer, assign, dispose, renew or contract individual or all rights and obligations according to these Terms, having regard for the legitimate interests of the Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations according to the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Website must be sent to the addresses indicated in this document.

Safeguard clause

If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

European users

If a provision of these Terms should be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision replacing the null, invalid or ineffective one.

In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal framework.

Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the framework of the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would have been invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.

USA users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with the original purpose.

These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.

These Terms will be implemented to the fullest extent permitted by law

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Competent forum

The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms lies with the judicial authority of the following country: Chieti.

Exception for European Consumers

The foregoing does not apply to Users who act as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute resolution

Friendly settlement of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably.

Although the right of Users to bring an action in court remains unaffected, in the event of disputes concerning the use of this Website or the Service, Users are asked to contact the Owner at the addresses indicated in this document.

The User can address his complaint to the owner's e-mail address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 21 days of its receipt.

Dispute resolution platform with Consumers

The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here .

Definitions and legal references

This Website (or this Application)

The structure that allows the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Commercial User

Any User who does not correspond to the definition of Consumer.

Good

Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.

European (or Europe)

Defines a User physically present or with registered office in the European Union, regardless of nationality.

Standard withdrawal form

Addressed to:

Elda Di Matteo via dei Lucani 46 66100 Chieti Italy

info@qubeetz.com

Hereby I / we notify the withdrawal from my / our contract of sale of the following goods / services:

_____________________________________________ (insert here a description of the goods / services from which you intend to withdraw)

  • Ordered on: _____________________________________________ (insert date)

  • Received on: _____________________________________________ (insert the date)

  • Name of the consumer (s): _____________________________________________

  • Address of the consumer (s): _____________________________________________

  • Date: _____________________________________________

(sign only if this form is notified in hard copy)

Owner (or Us)

Indicates the natural or legal person who provides this Website and / or offers the Service to Users.

Product

A good or service that can be purchased through this website, such as a material good, digital files, software, booking services etc.

The sale of a Product can be part of the Service, as defined above.

Service

The service offered through this Website as described in the Terms and on this Website.

Terms

All the conditions applicable to the use of this Website and / or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the most updated version respectively.

User (or You)

Indicates any natural person who uses this Website.

Consumer

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, commercial, craft or professional activity.

Last modified: August 31, 2020


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