Terms & Conditions
General Contract Terms and Conditions
- Scope of application
1.1 These general contract terms and conditions (hereinafter the “Terms and Conditions”) govern the conditions for using the Service as described below, provided by ETACARINAE S.R.L. (hereinafter the “PROVIDER”), located at Via Paolo Lomazzo, no. 34, Milan, VAT No: 09163840961, through the online platform available on the website (https://private.etacarinae.org) and apply to all USERS, as defined below.
1.2 These Terms and Conditions may be reviewed and downloaded from this website.
1.3 The PROVIDER reserves the right to offer USERS a concise guide on how to use the Platform, which is currently at the following URL: https://private.etacarinae.org/explanations-on-the-functioning-of-the-site/.
1.4 The PROVIDER reserves the right to amend the Terms and Conditions in whole or in part at any time. The new contractual terms shall only apply to new contracts and renewals (see Article 8). The USER should consult the Terms and Conditions published on the Platform before subscribing or renewing a subscription.
2.1 The following definitions apply to these Terms and Conditions:
- Account: the account created by the USER upon completion of the Registration procedure;
- Registration Credentials: the e-mail address and password provided by the USER at the time of Registration;
- Platform: This English-language web platform. Whenever the Platform is referred to in these Terms and Conditions, the Service shall also be deemed to be included, even if not expressly specified;
- Registration: registration on the Platform by a USER;
- Sheet(s): Thematic organisation of regulatory content identified by the PROVIDER as elements constituting the Service;
- Service: a regulatory consultation database, available by subscription or on a trial basis, created and organised by the PROVIDER, structured using geographical maps, associated with consultation Sheets created by the PROVIDER, all as described in more detail in Article 4 of these Terms and Conditions. The Service is an integral part of the Platform;
- USER: a USER, regardless of whether the USER is a Demo User or a Buyer User;
- BUYER USER: a person who, following Registration and payment of a fee, is entitled to use all the features of the subscription Service on the Platform for the term of the subscription, and who undertakes to comply with these Terms and Conditions;
- DEMO USER: a person who, following Registration and without payment of a fee, is authorised to use the Service on a trial basis, with content limitations, and who undertakes to comply with these Terms and Conditions.
- Registration on the Platform and access to the Service
3.1 To access the Service, the USER must register on the Platform using the authentication procedure available on the Platform.
3.2 After accepting the Terms and Conditions, the USER will receive a notice, at the e-mail address provided during Registration, that the Service was activated. If confirmation of activation is not received, the USER must request it by following the instructions in the contact menu.
3.3 A BUYER USER will have access to all the features of the Service on the Platform, while a DEMO USER may use the Service with the limitations imposed from time to time at the PROVIDER’s sole discretion.
3.4 For purposes of Registration, the user of the Platform and the Service will be a natural person indicated by the USER. Registration requires completion of a form that identifies the user, who will be the only person entitled to use the Platform and the Service, unless otherwise determined by the PROVIDER (for example, if the employment relationship between the user and the USER is terminated).
3.5 After Registration and payment of the fee in the manner described in Article 7 of these Terms and Conditions, each USER may create only one Account. The PROVIDER will activate the Account after the fee is paid. An additional fee must be paid to create additional Accounts, even if the Accounts are associated with the same registered USER. However, the PROVIDER may, in its discretion and at the USER’s express request, create multiple Accounts for the same USER. The creation of multiple Accounts in violation of this Article may result in suspension of the Account without notice and the USER being blocked from the Service.
3.6 The USER represents that the information provided during the Registration procedure is complete and accurate and undertakes to hold the PROVIDER harmless and shall indemnify it for any damage, claim for compensation and/or sanction arising from and/or in any way related to the violation by the USER who made the Registration of this Article 3.
3.7 The USER is informed that the PROVIDER reserves the right to monitor appropriate access and use of the Platform. The USER shall be directly liable for any improper use.
- Scope of the Service
4.1 Following Registration and payment of a fee, determined in accordance with Article 7 of these Terms and Conditions, the BUYER USER will have full online access to the Service, under a subscription, as described below.
4.2 Following Registration, the DEMO USER will have online access solely to demonstration content, selected in the PROVIDER’s sole discretion, for an unlimited period of time. The PROVIDER disclaims all liability to the DEMO USER for any reason whatsoever arising from or related to the Platform, the Service and its components. The PROVIDER reserves the right to suspend or terminate a DEMO USER’s use.
4.3 The Sheets that the Service allows USERS to consult relate exclusively to the following thematic areas:
- Analysis and report of policies and targets adopted by European Countries to promote second-generation biofuel
- Classification of biofuels and related feedstocks on the basis of how they are recognized in EU national laws
4.4 The Service and the Sheets are available in English only.
4.5 The Service is limited to mere online consultation from the Platform by authorised parties, as specified in Articles 4.1 and 4.2 above. Therefore, any other action is prohibited and violates the PROVIDER’s rights, except to the extent expressly permitted by laws applicable in Italy. As a result, without limitation, downloading, printing on paper or electronically, extraction, copying or reproduction by any other means in whole or in part of/from the Platform, the Service or its contents, sharing the foregoing with or making them available to third parties, for consideration or free of charge, distribution, assignment or sale of the foregoing, or reverse engineering or decompilation of the Platform in whole or in part is prohibited. The PROVIDER reserves the right to use measures to prohibit extraction, marking of content and DRM in general, and to monitor the presence of its content on the Internet.
4.6 The USER is aware, and agrees, that the Service shall be limited to the content that can be consulted on the Platform. The PROVIDER shall not be responsible for the content and the legal and security compliance of third-party websites, even if accessed by the USER through links contained in the Platform.
4.7 The PROVIDER has subjected the content of the Sheets to checks and controls, where possible also by consulting the Authorities of EU Member States, and shall endeavour in good faith and fairness to revise them. However, the PROVIDER does not warranty their accuracy and completeness nor their revision, nor does it provide any warranty that the Schedules are free of errors and that all errors can be corrected. The PROVIDER shall not, under any circumstances, be held liable for damages of any kind that the USER and/or third parties may incur as a result of the USER’s failure to ascertain that the content of the Sheets conforms to current law or changes in law and/or regulations, circulars and other sources from public bodies or the integrity of the regulatory texts reproduced and/or cited on the Platform and/or the Sheets. The USER is aware, and accepts, that the Service is offered as is, and is also aware, and accepts, that the Sheets do not necessarily contain any information in addition to the information already made available in the sources from which they are taken.
- The USER’s obligations and responsibilities
5.1 The USER undertakes to safeguard and keep secret the Credentials for accessing the Platform with the utmost care and diligence. The USER is prohibited from transferring the Credentials to third parties for any reason whatsoever.
5.2 In the event of theft or loss of the Credentials or if there is reason to believe that their security may have been compromised, the USER shall immediately notify the PROVIDER in writing at email@example.com (or at the current address indicated in the most recent version of the Terms and Conditions) so that the Credentials can be deactivated and replaced. The PROVIDER may at any time, in its sole discretion for security reasons and without incurring any liability, perform the procedure indicated above, and shall act in good faith and fairness to give the USER advance notice (if possible, given the aforementioned security concerns) and mitigate any inconvenience.
5.3 The USER is aware, and accepts, that all actions performed through the use of his/her Registration Credentials shall be attributed to him/her and shall be binding on him/her.
5.4 The USER undertakes to adhere to laws and use the Platform and the Service in accordance with these Terms and Conditions. The USER shall be solely liable for any damages, including harm to reputation and image, and/or penalties, caused to the PROVIDER and/or third parties as a result of use of the Platform, the Service, the contents or the Credentials in violation of law or these Terms and Conditions and/or as a result of the loss, theft and/or compromise of the Credentials that is attributable to the USER or known to the USER, and the USER shall hold the PROVIDER harmless and indemnify it for such damages. The USER shall be solely liable for, and shall indemnify and hold harmless the PROVIDER for, all damages and/or sanctions attributable to the aforementioned conduct by the USER’s employees, collaborators, agents, partners/shareholders and associates, and all persons who, regardless of their legal status, act on its behalf, under its direction or within its professional organisation.
5.5 All costs related to electrical, electronic or any other kind of equipment, software, telephone and/or network services and any other equipment necessary to access and use the Platform and the Service are the sole responsibility of the USER. Furthermore, the PROVIDER shall not be liable for inability to use, or non-conformity of use of, the Platform due to the hardware and software features of the USER’s devices, incompatibility with other products and/or programmes used by the USER or third parties, or hardware or software damage incurred by the USER or third parties as a result of using the Platform, unless the PROVIDER engaged in wilful misconduct.
5.6 The USER also undertakes to not interfere with or damage the Platform or the Service through the use of, without limitation, viruses, cancelbots, trojans, malicious code, ping floods, denial-of-service attacks, backdoors, IP packets or IP spoofing, counterfeit routing or e-mail address information or similar methods or technologies, not use the Platform or the Service with the intent to perform spamming techniques, and not use automatic data mining or data acquisition methods or devices (such as robots, etc.).
5.7 By signing these Terms and Conditions, the USER represents that he/she is acting within the scope of his/her professional/business activity.
5.8. The USER expressly represents that he/she has received and read the documentation about the Service and the Platform, and that he/she is familiar with it in its entirety.
5.9 The USER represents, under his/her sole responsibility, that the data entered for the Registration is lawful and accurate and represents and warrants that all information provided to the PROVIDER for the purpose of providing the Service is accurate, updated and true, and undertakes to promptly communicate any change in the data and information represented and warranted above. The USER is aware that the PROVIDER is not obliged to perform any prior or subsequent verification of the accuracy of the data and information represented and warranted by the USER in this Article.
- The PROVIDER’s obligations and responsibilities
6.1 The PROVIDER undertakes to ensure the BUYER USER has online access to the Service for the term of the subscription, and to perform maintenance on the Platform, but cannot guarantee the Platform’s operational continuity percentage parameters. However, the PROVIDER undertakes to monitor all the technical supports necessary for providing the Service so that they operate normally and continuously, and shall limit to the extent possible any interruptions, suspensions, malfunctions and any technical problems that may arise from use of the Service, with the understanding that the Platform and the Service are provided “as is” and without any warranty of any kind.
6.2 The PROVIDER also undertakes to respond with good faith and fairness and within a reasonable time to BUYER USER’s requests for assistance received at firstname.lastname@example.org. Only requests in Italian or English will be processed.
6.3 The PROVIDER undertakes to maintain an adequate level of security on the Platform and to make every effort in good faith and fairness to restore its operation in the event of an interruption.
6.4 The PROVIDER shall not be liable for interruptions, limitations and other inconveniences in the use of the Platform that are the result of actions of third parties or factors outside of its control, including those associated with the PROVIDER’s suppliers, such as, without limitation, suspensions or bandwidth slowdowns due to the PROVIDER’s Internet connection provider or the PROVIDER’s hosting/housing/cloud service provider.
6.5 The PROVIDER shall also not be liable for any damages, whatever they may be called, incurred by the USER or third parties as a result of using the Platform, nor as a result of total and/or partial, temporary and/or permanent delays, suspensions, interruptions, defects and/or malfunctions of the Platform and/or the Service, unless the PROVIDER engaged in wilful misconduct. The PROVIDER provides no guarantee that the Service will meet the USER’s expectations, nor does it guarantee results obtained through the Service or actions that may be taken by the USER after reading the Sheets. Therefore, under no circumstances shall the PROVIDER or any other person involved in creating or maintaining the Platform and the Service be held liable for any loss of earnings or profits and, in general, for any damage that may be caused to the USER or third parties. The exclusion of liability provided for herein shall not apply if the PROVIDER has engaged in wilful misconduct.
7.1 The fees for the subscription to the paid Service for BUYER USERS are indicated on the Platform, currently at the following URL: https://private.etacarinae.org/pricing/ to be paid in the manner and according to the terms stated therein. All fees quoted are exclusive of VAT, where applicable. The PROVIDER may, in its sole discretion, apply offers and rebates, which the USER undertakes to keep confidential.
7.2 A BUYER USER purchasing the Service for the first time shall subscribe to the “BUYER ENTRANCE” package. A BUYER USER renewing the Service at the end of the first year or later shall subscribe to the “BUYER RENEWAL” package. USERS should visit the Platform to find out about the annual subscription fees.
7.3. The PROVIDER reserves the right to modify the fees and payment terms by publishing an updated price list on the Platform, which is normally, but without this constituting an obligation for the PROVIDER, sent by e-mail to USERS 30 days prior to its publication on the Platform. Such changes will apply only to contracts or renewals made after their publication on the Platform.
- Term, renewal, withdrawal and termination
8.1 The term of a subscription to the Service is one year (365 days) from the date the Account is activated.
8.2 Total or partial non-use of the Service by a BUYER USER does not entitle the BUYER USER to a refund of the fee or any part thereof, unless the non-use is solely the fault of the PROVIDER for conduct in violation of these Terms and Conditions, in which case it shall be limited to the days of unused Service.
8.3 The fee shall be paid within 20 days of receipt of a regular invoice, which may also be sent to the e-mail provided upon Registration. If payment is not made, the PROVIDER shall not activate the Account or, if already activated, shall immediately deactivate it.
8.4 The USER is aware and accepts, and waives any future claim in this regard, that upon termination of the subscription to the Service for any reason, the Account will be deleted together with all the information provided by the USER, except for information needed by the PROVIDER for accounting purposes or to defend/exercise its rights.
8.5 The USER has no right of withdrawal. The PROVIDER may withdraw from the contract, and need not provide a reason, by giving 30 days’ notice to the USER at the e-mail address provided upon Registration on the Platform. In that event the PROVIDER shall refund an amount to the USER reflecting the unused portion of the subscription, calculated based on remaining days, after deducting any amount still due by the USER for any reason. The PROVIDER shall not be liable for any damage that the USER or third parties may incur as a result of that withdrawal.
8.6 If the contractual relationship governed by these Terms and Conditions terminates for any reason, the BUYER USER shall pay any outstanding amount within five business days of the PROVIDER’s request.
8.7 In all cases where the USER breaches its obligations under these Terms and Conditions, the PROVIDER reserves the right to terminate the Contract by written notice via certified e-mail, registered letter with return receipt or notice to the e-mail address provided upon Registration to the Platform, without any refund of the fee paid in whole or in part, without prejudice to the PROVIDER’s right to compensation for damages and any other remedy provided by law or these Terms and Conditions.
- Intellectual property and distinctive signs
9.1 The USER recognises and acknowledges that the PROVIDER is the owner of all intellectual property rights to the display format, logical and legal organisation, computerised structure of the content, interface, codes, scripts, graphic, audio and video elements of the Platform, the Service, the Sheets and in general all aspects that are the subject of the PROVIDER’s intellectual creation, and also owns the rights over the database that is the subject of the Service. The USER is not authorised to use the foregoing in any way other than is necessary to merely use the Service, unless specifically authorised in writing by the PROVIDER.
9.2 The PROVIDER is the exclusive owner of the Etacarinae trademark, logos, distinctive signs and the Platform domain name. The USER is not authorised to use the foregoing in any way other than is necessary to merely use the Service, unless specifically authorised in writing by the PROVIDER.
- Changes to the features of the Platform and instructions for USERS
10.1 The PROVIDER reserves the right to modify the content presentation system and improve the features of the Platform and the Services at any time and without prior notice, without USERS becoming entitled to any form of compensation or indemnity. To the extent possible, the PROVIDER will provide adequate information to USERS about the changes made to the main features of the Platform.
- Processing of Personal Data
11.1 The PROVIDER and the USER are independent data controllers in their mutual dealings.
12.1 The USER may not assign the contract governed by these Terms and Conditions and the rights or obligations arising therefrom to third parties.
12.2 The USER hereby irrevocably authorises the PROVIDER, without the need for any further consent, to assign the contract governed by these Terms and Conditions, and the rights and obligations arising therefrom, to other companies in its group, or to the buyers of its business or business unit, or to third parties following a merger or demerger.
12.3 These Terms and Conditions and the documents cited herein represent the entire agreement between the PROVIDER and the USER and supersede any other previous oral or written agreement.
12.4 Any tolerance by the PROVIDER of a breach of one or more provisions shall not be construed as a tacit waiver of the rights arising from the breached provisions.
12.5 Any present or future non-existence, invalidity, voidability or unenforceability of any of the clauses of these Terms and Conditions shall not affect the remaining clauses, provided that the essential rationale for the contract is not affected.
- Applicable law and jurisdiction
13.1 These Terms and Conditions shall be governed by and construed in accordance with Italian law.
13.2 The Court of Milan (Italy) shall have exclusive jurisdiction over all disputes arising out of or otherwise relating to these Terms and Conditions.
Specific approval of clauses
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the following clauses are expressly approved, where the description in parentheses is intended to be merely illustrative and the parties shall refer to the exact and complete language of the clauses cited: 3.5 (Multiple accounts, suspension, etc.), 3.6 (Indemnification of PROVIDER in the event of breach of Article 3, etc.), 3.7 (Registration of USER’s access to the Platform, etc.), 4.2 (Disclaimer of PROVIDER’s liability for the Demo User’s use of the Platform/Service, etc.), 4.5 (Prohibition of downloading/printing/extraction/reproduction and DRM systems, etc.), 4.6 (Exclusion of PROVIDER’s liability for content and compliance of third-party websites, etc.), 4.7 (USER’s verification obligation and exclusion of PROVIDER’s liability, etc.), 5.2 (Deactivation/replacement of credentials and exclusion of liability, etc.), 5.3 (USER’s liability for actions taken through the use of his/her credentials, etc.), 5.4 (Indemnification of PROVIDER for damages caused by a USER as a result of the use of the Platform/Service, etc.), 5.5 (Disclaimer of PROVIDER’s liability for non-functioning/non-conforming functioning of the Platform, etc.), 5.9 (No obligation of PROVIDER to verify the accuracy of data represented by USER, etc.), 6.1 (Platform and Service “as is” for BUYER USER and disclaimer of PROVIDER’s warranties of any kind, etc.), 6.4 (Disclaimer of PROVIDER’s liability for interruptions in/limitation of use of the Platform due to third parties/external factors and its suppliers, etc.), 6.5 (Disclaimer of PROVIDER’s liability for damages to a USER and third parties not due to the PROVIDER’s wilful misconduct, etc.), 8.2 (No reimbursement of fee for non-use/partial use, etc.), 8.4 (Deletion of Account and information, disclaimer of liability, etc.), 8.5 (withdrawal by the PROVIDER, fee, etc.), 8.6 (Terms of payment by BUYER USER of the remaining fee, etc.), 8.7 (Termination, fee paid, etc.), 10.1 (Unilateral modification of the Platform and Services, etc.), 12.1 (Prohibition of assignment by USER of the contract, etc.), 12.2 (Right of assignment by PROVIDER of the contract, etc.), 13.1 (Italian law, etc.), 13.2 (Jurisdiction, etc.)