General terms and conditions for using the Infomail service.
These general terms and conditions of use (hereinafter “GENERAL TERMS”) govern the access and use of the massive email sending service called “Infomail” (hereinafter “SERVICE”), which Hoplo S.r.l. (hereinafter “HOPLO”) offers to users by connecting to the website www.infomail.it (hereinafter “Site”).
The Site consists of several web pages managed by HOPLO. The contents made available to be viewed on the Site are owned by HOPLO and/or its suppliers.
The SERVICE is offered to the user on the condition that the same accepts, without modifications, these GENERAL TERMS and expresses their adherence by clicking on the “ACCEPT” button during the service activation phase.
For the understanding of the terms contained in the GENERAL TERMS, reference is made to the definitions provided in the operational guide referred to in the following article 2.
2. CHARACTERISTICS OF THE SERVICE
The SERVICE offered on the Site allows the user, who is registered according to the methods indicated in the following article, to send emails and/or newsletters (hereinafter “MESSAGES”) to email addresses of subjects known by the same user (hereinafter “ADDRESS LISTS”).
The user agrees to send MESSAGES only to subjects from whom they have received explicit consent for the processing of their personal data and for the receipt of communications, pursuant to art. 7 of the GDPR of May 25, 2018.
The characteristics of the SERVICE and the methods of use thereof are contained within the operational guide (hereinafter “OPERATIONAL MANUAL”), available on the Site in PDF format, which the user can download by directly accessing the aforementioned Site. Essentially, the SERVICE allows the user to generate MESSAGES, exclusively according to the formats and models present on the Site, or to create new ones according to the methods allowed by the SERVICE, which can be sent to the ADDRESS LISTS created by the user in the ways provided for in the same OPERATIONAL MANUAL, with the possibility of verifying the outcome of the transmission through statistical data available on the Site.
HOPLO reserves the right, in the future, to expand the range of services offered through the Site, committing, for this purpose, to communicate to all users, with adequate informative tools (such as, by way of example, email or advertising announcements), the new opportunities offered by HOPLO through the use of the SERVICE.
HOPLO does not control the MESSAGES sent by users to the ADDRESS LISTS, and is therefore in no way responsible for their content.
The user acknowledges that HOPLO does not create, rent and/or sell ADDRESS LISTS to users.
The contents and materials uploaded in the MESSAGES transmitted by the user to the ADDRESS LISTS may be subject to limitations as to their use, reproduction and/or dissemination. Compliance with such limitations is a specific obligation of the user. The methods of transmitting MESSAGES, including, in particular, the timing of their sending, are subject to the capacity and availability of the server used by HOPLO for the provision of the SERVICE. The user acknowledges that HOPLO is not responsible for any delays in the transmission of MESSAGES.
3. USER ACCOUNT, USERNAME, PASSWORD AND SECURITY
This contract will be concluded and considered finalized upon acceptance by HOPLO, on the date indicated in the proposal. A copy of the contract will be signed by HOPLO and sent to the user. To use the SERVICE, registration is required. In the event of contract conclusion, HOPLO will open an account directly attributable to the user and communicate, by email sent to the address indicated in the PROPOSAL, the personal security codes (username and password) through which the user can access the aforementioned account. The user guarantees to be at least 18 years old, and also guarantees the truth and accuracy of all transmitted information (including, by way of example, the tax code) and undertakes to pay the costs of the SERVICE according to the chosen payment method. The username and password are confidential and therefore the user cannot in any case communicate, transfer or otherwise make available the username and password of their account to third parties. The user must promptly modify all information to keep the account up to date, complete and accurate (such as changes of address, credit card number or credit card expiration date). Such changes can be made personally by the user, by accessing the dedicated section on the Site. Furthermore, such changes can be communicated to HOPLO by sending an email to the address indicated on the Site or by calling the number made available to users by HOPLO itself. The responsibility for the confidentiality of the account is the user’s responsibility. In addition, all activities carried out based on the user’s account are entirely the user’s responsibility.
The user agrees to immediately inform HOPLO of any unauthorized use of their account by third parties or any evidence of unauthorized use. In any case, HOPLO is not responsible for any damages caused by the use of the user’s account by third parties, with or without the user’s authorization.
The user will also be held responsible for any damages, losses and other harm suffered by HOPLO due to the use of the user’s account by another person. In the event of a violation by the user of the provision set forth in this Article 2, HOPLO may suspend and/or terminate the provision of the SERVICE without any right to refund for the user, and the user remains obligated to pay damages and expenses due to unauthorized use. Any disclosure by the user of the username and password of their account may result in the cancellation of registration without any right to refund and payment of any expenses due to unauthorized use.
4. ACTIVATION OF THE SERVICE AND PAYMENT METHODS
The SERVICE is offered to the user on the condition that payment is made. The costs and related conditions and payment methods of the SERVICE are contained in the aforementioned “COSTS OF THE SERVICE” form. The SERVICE will be available for use within 12 months from the date of signing the contract. The costs of the SERVICE are exclusive of VAT, unless otherwise specified.
HOPLO reserves the right to modify the conditions and methods of use of the SERVICE, including, for example, the costs associated with the use of the SERVICE. These changes will be effective against the user as soon as they are communicated to the user through emails sent to the user’s address and informative notices posted on the Site. The fact that the user continues to use the SERVICE constitutes acceptance by the user of all new conditions and methods of use of the same SERVICE. In the event that the user disagrees with the modifications made by HOPLO to the SERVICE, the user has the option to terminate their relationship with HOPLO as indicated in the subsequent Article 10 of the GENERAL TERMS.
6. USE OF THE SERVICE AND LIMITATIONS IN CASE OF ILLEGAL OR PROHIBITED USE
As a condition of the user’s use of the Site, the user guarantees to HOPLO that they will not use the Site for illegal purposes or purposes prohibited by mandatory laws and, in any case, by the TERMS AND CONDITIONS. The user cannot use the Site in a way that damages, disables, overburdens, or interferes with the use and enjoyment of the Site by others. The user cannot attempt to access the Site or other accounts unauthorized through hacking, password counterfeiting, or other means. In particular, the user undertakes, when using the SERVICE, not to:
- defame, abuse, lie, threaten, or otherwise violate the rights (such as those of privacy or publicity) of others;
- inviare, caricare, distribuire o diffondere argomenti, nomi, materiali o informazioni non appropriati, ingiuriosi, diffamatori, osceni, indecenti o illegali;
- send, upload, distribute, or disseminate inappropriate, offensive, defamatory, obscene, indecent, or illegal topics, names, materials, or information; send, upload, distribute, or disseminate topics, names, materials, or information that incite discrimination, hatred, or violence towards a person or group based on race, religion, or nationality, or offensive to victims of crimes against humanity, including by questioning the existence of such crimes;
- upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example and not limitation, copyright or trademark laws (or privacy or publicity rights), unless the user owns such rights or controls them or has obtained all necessary authorizations to do so;
- use materials or information, including images or photographs, made available through the Site in a way that violates the copyright, trademark, patent, trade secret, or other proprietary rights of the parties;
- upload files that contain Trojan horses, worms, time bombs, cancelbots, altered files, or other similar software or programs that may damage the operation of other computers;
- falsify or delete author attributions, legal content communications, or other appropriate communications or designations relating to intellectual property rights or communications relating to the origin or source of software or other material contained in an uploaded file;
- restrict or inhibit the use and enjoyment of the SERVICE or the Site by other users;
- violate applicable laws and regulations;
- create a false identity for the purpose of misleading others;
- use, download, or otherwise duplicate or provide (for free or for payment) to a natural or legal person any list of Site users or information relating to other users or use thereof, or parts thereof.
The above list is merely illustrative and is not exhaustive. HOPLO reserves the right to terminate the user’s access to the SERVICE at any time, without notice, in the event of a proven violation of the provisions of this article.
7. DISCLAIMER OF LIABILITY
The information and data available through the site may contain inaccuracies or typographical errors. The site and the information and data contained therein are subject to periodic changes. HOPLO and/or its respective suppliers may make improvements and/or changes to the site at any time. In the event of temporary blockage of the site and/or the service for updates and/or maintenance interventions carried out by HOPLO and/or its suppliers, HOPLO will promptly inform the user of such interventions by sending an email to the email address communicated by the user or by displaying specific informational notices on the site. The information, data, materials, and related graphics are provided “as is”, without warranties of any kind. The user specifically agrees that HOPLO is not responsible for unauthorized access or alterations to user transmissions or data, materials, or data sent or not sent. The user specifically agrees that HOPLO is not responsible for any third-party content sent using the service. The user acknowledges that HOPLO will not be liable for any failure due to force majeure, fortuitous events, or events beyond its control, such as, for example, wars, riots, natural disasters, fires, strikes (including company ones), interruption of electricity supply or in the supply of dedicated data transport lines belonging to the system, or even in the case of orders for temporary suspension or blocking of HOPLO’s activity ordered by supervisory or judicial authorities. If the user is not satisfied with any part of the service or any of the terms and conditions of use, their only remedy is to terminate the service.
8. LINKS TO THIRD-PARTY SITES
The site may also contain images and links to websites operated by third parties (“Linked Sites”). In such cases, HOPLO does not control the Linked Sites and is not responsible for their contents, including, by way of example, the links contained in a Linked Site, or the modifications and updates to a Linked Site. HOPLO is not responsible for the transmission of information via the Web or any form of transmission of information sent by Linked Sites, nor for the improper functioning of Linked Sites.
HOPLO provides such links solely for the user’s convenience, and the inclusion of links by HOPLO does not imply any recognition of the sites in question, nor any form of association with their operators.
9. STORAGE SPACE AND OTHER LIMITATIONS
The user acknowledges and accepts that HOPLO has the right to establish limitations regarding the use of the SERVICE, including, by way of example, the maximum amount of disk space assigned to the user on the server used by HOPLO to offer the SERVICE. The user acknowledges and accepts that HOPLO has no responsibility for the deletion, damage, or omission of the MESSAGES.
The user acknowledges that the functions, parameters (such as the amount of storage space available to users), may change at any time.
The user may withdraw from the SERVICE at any time by written communication sent by registered letter with acknowledgment of receipt to the address indicated on the Site, communicating the intention to cancel from the SERVICE. The withdrawal will be effective against HOPLO at the time it receives the communication transmitted by the user. Until that time, both the user and HOPLO will not be exempted from fulfilling their respective obligations arising from the GENERAL TERMS. The user is aware and accepts that in the event of withdrawal from the SERVICE, the user will not be entitled to a refund of the sums paid in advance to HOPLO for the provision of the SERVICE, as provided in the “SERVICE Costs” form with reference to the payment methods.
The SERVICE described in the GENERAL TERMS AND CONDITIONS is governed by the laws of the Italian Republic. All disputes arising from or related to the use of the Site or the SERVICE will be exclusively referred to the jurisdiction of the court of Milan.
The user agrees to indemnify and hold HOPLO, as well as its officers and employees, harmless from any claims, actions and requests made by third parties or any damages suffered by third parties, including reasonable legal expenses, arising from the use of the Site or the SERVICE by the user or otherwise related to such use. HOPLO reserves the right to disclose personal information about the user or the user’s use of the SERVICE, including its content, without the user’s prior consent, if HOPLO believes in good faith that this is necessary to:
(1) comply with legal provisions or orders of the judicial authorities;
(2) protect and defend its rights or its property or those of its affiliated companies;
(3) enforce the GENERAL TERMS AND CONDITIONS; or
(4) protect the interests of users or third parties. The offer of the SERVICE by HOPLO under these GENERAL TERMS AND CONDITIONS is subject to applicable laws and legal proceedings, and no provision of these GENERAL TERMS AND CONDITIONS impairs HOPLO’s right to comply with judicial and legislative requests and orders relating to the user’s use of the Site or the SERVICE or the information provided or collected by HOPLO for such use.
If any clause of the GENERAL TERMS AND CONDITIONS is deemed invalid or unenforceable under applicable law, including, for example, the section on disclaimer of warranties and the section on limitations of liability, then such provision shall be deemed superseded by a valid and enforceable provision that most closely achieves the intent of the original provision, and the rest of the GENERAL TERMS AND CONDITIONS shall remain in full force and effect.
Unless expressly stated, these GENERAL TERMS AND CONDITIONS govern the entire relationship between the user and HOPLO in relation to the SERVICE and supersede all previous and contemporaneous communications and proposals, whether exchanged electronically or verbally or in writing, between the user and HOPLO in relation to the Site and the SERVICE. The printed version of these GENERAL TERMS AND CONDITIONS and any communication given in electronic form shall be admissible as evidence in any judicial or administrative proceedings based on, and relating to, this agreement to the same extent, and subject to the same conditions, as other documents and commercial relationships originally created and maintained in printed form.
13. COMMUNICATIONS RELATED TO THE TRADEMARK
Infomail and/or other HOPLO products and services referred to herein are or may be trademarks or registered trademarks of HOPLO in Italy and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. All rights not expressly granted herein are reserved.
13. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
14. INVOICING METHOD OF THE SERVICE
A) User Charges
The user is obliged to pay HOPLO the charged amounts, using the payment tool (for example: credit card, bank transfer) indicated in the PROPOSAL. In the event that the credit card is chosen, for example, as the Payment Tool, the user authorizes HOPLO to charge the cost of the SERVICE to the referenced credit card. The user must promptly notify HOPLO of the expiration date of the credit card and/or the cancellation of the same credit card (for example, due to loss or theft). HOPLO reserves the right to correct any errors made, even if payment has already been requested or received. HOPLO may terminate the user’s account instantly, at any time and without notice, if it is determined that the user has provided false information regarding personal data, has not promptly notified HOPLO of the expiration and/or cancellation of the credit card, is involved in fraudulent or illegal activities, is involved in activities that could harm the rights of HOPLO or other parties, or is in violation of these GENERAL TERMS.
B) Due Date; Late Payment Interest; Collection Costs
The amount due to HOPLO for the use of the SERVICE must be paid in full by the user’s Payment Tool Provider on the date when such payment is requested by HOPLO. The user agrees to pay any late payment interest on amounts overdue and not paid on time. Late payment interest will be calculated by applying the legal interest rate to the total amount due, not paid by the user. HOPLO has the option to transfer the credit against the user to third parties for the recovery of the same credit in case of non-compliance by the user. The user agrees to pay all costs incurred by HOPLO for the recovery of any overdue amounts, including costs.
If HOPLO does not receive payment of the amounts due within the terms indicated in the “SERVICE Costs” form, the user will be considered in default and HOPLO may suspend or cancel the account to the SERVICE. CANCELLATION OR SUSPENSION FOR NON-COMPLIANCE MAY BE ADOPTED WITHOUT NOTICE TO THE USER AND IN THIS CASE HOPLO MAY INTERRUPT THE PROVISION OF THE SERVICE. The reactivation of the suspended account, or made inactive by HOPLO, is subject to payment by the user of the amounts due.
D) General Information
The user declares and warrants:
(1) to have reached 18 years of age or the age required by applicable law to enter into a contract,
(2) that all information provided is true and accurate (including, for example, information relating to the chosen Payment Tool);
and (3) to be an individual (or in the case of a legal person, a subject acting on behalf of the same) authorized to use the chosen Payment Tool.
The user agrees to pay all charged amounts and to comply with the responsibilities and obligations indicated in these GENERAL TERMS.
Persons acting on behalf of a legal entity declare and warrant that they are duly authorized to bind the legal entity to all the provisions indicated in these GENERAL TERMS and have made them known to the legal entity itself.
The user undertakes not to assign, transfer or sublicense any rights related to their account. HOPLO may:
(1) generate printed copies of its electronic records and use such copies as evidence equivalent to original documents;
and (2) prove the existence of the agreement with the user and their consent in any way, for example by demonstrating the existence of a procedure under which the user must have given their consent or operations carried out by the user in order to obtain the SERVICE.