In this Policy, personal information means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, and online identifier or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity. The use of information collected through our Service shall be limited to the purpose of providing the Service for which the Customers has engaged.
Customers to our Services are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations, relating to the collection of personal information in connection with the use of our Services by individuals (also referred to as "data subjects") with whom our Customers interact. If you are an individual who interacts with a Customer using our Services, then you will be directed to contact our Customer for assistance with any requests or questions relating to your personal information.
By using the Services, you are accepting and consenting to the practices described in this policy, now and as amended by us.
Data controller is Lifetronic s.r.l. – VAT number 01886150505 – with headquarter in PISA, Via Meucci, 1/E, Tel. +39.050.877757. For any question about Privacy issues, please do not hesitate to contact us at the following address: email@example.com
We collect the following categories of information:
• Information you give us.
Account and Registration Information:
We ask for and may collect personal information about you such as your name, address, phone number, email address, instant messaging ID, and credit card information, as well as certain related information like your company name and website name, when you register for an account to access or utilize one or more of our Services (an "Account").
We refer to any information described above as "Account Information" for the purposes of this Policy. By voluntarily providing us with Account Information, you represent that you are the owner of such personal data or otherwise have the requisite consent to provide it to us.
We ask for and may collect personal information from you when you submit web forms on our Websites or as you use interactive features of the Websites, including, participation in surveys, requesting customer support, or otherwise communicating with us.
• Information That We Collect From You on our Websites:
• Geo-location data:
We may collect information such as zip code, area code, referrer URL, approximate location, and the time zone where our products and services are installed to provide our services and to assist you in case of troubleshooting.
• Technical information from your network and devices:
We may collect technical and diagnostic information about the devices in your network. For instance, we may collect the MAC address, maker name and model of your devices, up and down status, operating system version, unique device identifiers and the related software. We may also collect real time operating status of your network and its connected devices (i.e. network speed, IP addresses, device event information such as disconnections, system activity, hardware settings, the date and time of your requests) and the related diagnostics information. We may process information from your devices so that we can send you alerts when something happens. We may also use this data as described below; for example, we may use the data in aggregated format for statistical and research purposes to show you how your network performance compares with other users in your area.
• Environmental data:
We may collect data from sensors or devices which may be present in your network, such as data on whether something in the room is moving, temperature data, and the occurrence of smoke or CO alarms in order to deliver such information to you or to security services during the use of our products and services.
• Information we may receive from other sources.
We may receive information about you if you use the Services. We work with third parties (including, for example, business partners, sub-contractors in technical and delivery services, advertising networks, analytics providers, search information providers) and may receive information about you from them.
We may use the information we collect to provide, develop and improve our products and services, such as for:
• Providing you with products, services, or information you request, for example when you contact us for remote support and troubleshooting;
• Making assessments and recommendations about products, services and safety;
• Providing you with information our products and services or the required notices;
• Customizing your experience when using our products and services;
• Improving the products and services that we provide, such as by better tailoring our content to your needs and preferences;
• Internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• Delivering marketing communications about Lifetronic-related and Sweet Home-related services, products or promotions and to measure or understand the effectiveness of marketing. We may use service providers to send these messages on our behalf, but we do not share your email address with any other third parties without your permission;
• Detecting, preventing, and responding to fraud, intellectual property infringement, violations of law, or other misuse of the products and services.
We may also combine or aggregate in anonymized or non-personally identifiable format any of the information collected through the use of the Services or elsewhere for any of these purposes and for research, statistical and business purposes.
Legal Basis for Processing:
Our legal basis for collecting and using the personal information will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where: (a) we have your consent to do so, (b) where we need the personal information to perform a contract with you (e.g. to deliver the Services you have requested), or (c) where the processing is in our or a third party's legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect personal information from you, or we may otherwise need the personal information to protect your vital interests or those of another person.
Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our (or a third party's) legitimate interests which are not already described in this Notice, we will make clear to you at the relevant time what those legitimate interests are.
The following are the situations where we may share your data:
• Lifetronic partners and third party developers:
We may share deidentified data for research, statistical, and business purposes. Additionally, to improve their software, hardware and services designed for use with our products and services, Lifetronic may provide any such partner or third-party developer with information that is relevant to that partner's or developer's software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
• Trusted partners working for Lifetronic:
• Business Transitions:
• Law & Order:
When you choose to connect third-party products and services through Sweet Home software and services, you are shown details about proposed exchange(s) of data between Sweet Home software and services and the third party that is providing the products or service. In some cases, Sweet Home Services or the third party will instead (or also) ask for permission to control the products that you have connected. Sweet Home software and services may receive and process information from third parties, and some of this information may be associated or stored with your Sweet Home account.
Sweet Home users will have their information sent to Lifetronic Cloud servers that could be located in the United States or in European Union depending of Lifetronic Cloud Servers Policy.
Lifetronic generally stores your data on Lifetronic’s cloud servers for as long as you remain a Sweet Home customer in order to provide you with Sweet Home services and products and for legal compliance purposes. You can view and edit your information on the Sweet Home website. You can delete your personal data at any time by terminating your account or by writing to us at firstname.lastname@example.org. We may retain de-identified data indefinitely.
For personal information that we process on behalf of our Customers, we will retain such personal information in accordance with the terms of our agreement with them, subject to applicable law.
We take security seriously and care about the integrity of your data. We use administrative, physical, and technical safeguards to protect the confidentiality of personally identifiable information, including encryption, firewalls and SSL (Secure Sockets Layer). However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information.
As per the organizational duties introduced by the General Data Protection Regulation ("GDPR"), we commit to report personal data breaches to the relevant supervisory authority within 72 hours of becoming aware of the breach, where feasible. If the breach is likely to result in a high risk of adversely affecting individuals' rights and freedoms, also those individuals will be informed without undue delay. If you have any questions about the security of your personal information, you can contact us at email@example.com
At Lifetronic we take our users' rights into the highest regard. For this purpose, we align ourselves to the most advanced privacy regulations available. When in it comes to your Personal Data, we recognize, and commit to respect and enforce, the following rights:
The right to be informed: upon request we will provide you with information about whether we hold or process any of your personal information. To request this information please contact us at firstname.lastname@example.org
The right of access: as a user of our Services, you may access your personal data, at any time, by logging into the Sweet Home Website and accessing your profile section.
The right to rectification: as a Customer of our Services, you may access and update or change your Account Information by editing them yourself from your profile area of the Sweet Home Website.
The right to erasure: If you no longer wish to make us of our Services, you can exercise this right by making a request, in accordance with Data Protection Laws, by emailing email@example.com
The right to restrict or object processing: You retain the right to request us to refrain from or restrict our processing of your data for the purposes of marketing. To exercise such right, you may click the "unsubscribe" link in any non-transactional email or marketing email from us or contact us via email at firstname.lastname@example.org.
The right to data portability: You retain at all times the right to exercise your right of having your Personal Data exported and transferred - in a safe way - to another provider of Services similar to ours. You may exercise this right by making a request, in accordance with Data Protection Laws, by emailing email@example.com.
Any request related to your rights above, will be handled within thirty (30) days from the moment we receive such request.
In case you deem your rights to have been violated, or if you are dissatisfied with the way your requests were handled, you can lodge a complaint with the IT data protection regulator.
The Services are not directed to, nor do we knowingly collect information from, children under the age of 16. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us at the contact information listed below.
If you have any questions, please contact us at firstname.lastname@example.org or writing to:
Via Meucci 1/E
Last Updated: 20 November 2018
TERMS AND CONDITIONS
These are the terms on which LIFETRONIC s.r.l. ("we" or "Lifetronic") enable you, the Customer ("you" or "Customer"), to download and use “Sweet Home software and services” (SERVICES), as outlined in further detail in this Agreement, our website and the Documentation, which is available to Customer via the internet.
Please read these terms carefully before you download Sweet Home Software and use our Services. These terms explain who we are, how we will provide the Services to you, what to do if there is a problem and other important information.
You are deemed to have accepted the terms of this Agreement and will have created a binding contract with Lifetronic upon any of the following events: (a) download or installation of any Sweet Home Services or related Software; (b) access to or use of any of the Sweet Home Services or related Software; (c) payment for Sweet Home Services or related Software or Service; (d) entering into an order form for Sweet Home Services or related Software and Service Credits; or (e) clicking an "accept" button or other similar acknowledgment indicating your acceptance of this Agreement. If you do not agree to be bound by this Agreement, you may not access or use the Services or any related Software. Please read through the entirety of this Agreement to review important provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, waivers, exclusive law and jurisdiction for resolution of disputes and other legal restrictions.
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity and each of its affiliates to these Terms. In that case, "you" and "your" will refer to that company or other legal entity and its affiliates.
INFORMATION ABOUT US AND CONTACT DETAILS
The subscription services provided by Lifetronic to you under this Agreement including the Sweet Home website, cloud services, mobile applications and other services and functionality ("Services") are provided by Lifetronic s.r.l., an IT company with registered office at 1/E, Meucci Street, PISA – VAT 01886150505. You can contact us by emailing our customer service team at email@example.com. If we have to contact you, we will do so by writing to you at the email address you provide to us in your order.
OUR AGREEMENT WITH YOU
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Lifetronic and are not barred from using the Services under applicable law.
It is a requirement of use of the Sweet Home Software and Services that you accept these terms and conditions. Once you have created a Sweet Home account and accepted these terms, you will be able to access our products and Services.
1.1 Capitalised words in this Contract have the following meaning:
These terms and conditions, the online order form and any other documents incorporated by reference, such as the Privacy Policies which are available through the Sweet Home website.
a day other than a Saturday, Sunday or public holiday when banks are open for business in Italy.
the official published service description and other documentation made available to Customers by Lifetronic via the Sweet Home website, which sets out a description of the Services and the user instructions for the Services.
"Sweet Home Software"
The mobile software which Customers can download onto a compatible IOS device from Apple Store for the purpose of manage their Vantage home automations systems.
Vantage Controls is a brand of Legrand Group. Please refer to www.vantagecontrols.com for further information.
"Sweet Home website"
the website which Lifetronic provides to make use of the Services, located at www.sweethomeforvantage.com or such additional or replacement website as may be notified to Customers by Lifetronic from time to time.
Ios device, also referred to as "data subjects", With which manage home automation system by Customers.
The right to use Services on a single Device, sold by Lifetronic to allows access and use of the Services in accordance with this Agreement.
the Licence services provided by Sweet Home to Customers under this Agreement including the Sweet Home website, cloud services, mobile applications and other services and functionality, as more particularly described in the Documentation.
all software used and/or made by Lifetronic about Sweet Home available to Customers in connection with the provision of the Services.
all direct customers of the Sweet Home Services.
"Support Services Policy"
Lifetronic's policy for providing support in relation to the Services as made available at the Sweet Home Website or such other website address as may be notified to Customers from time to time.
the data and information input into or collected by the Sweet Home Software, or generated in the course of using the Services;
any software, code, file or programme which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
1.2 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
1.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
2.1 "Sweet Home" is a software of Lifetronic s.r.l. designed to show an interactive user interface to control own vantage home automation system. This Services are described in further detail in the Documentation (and as may be subsequently revised with written agreement from Lifetronic).
2.2 Customers are permitted to use the Services provided that they purchased and activated Service Licenses for each vantage home automation system being controlled.
2.3 With respect to the Services:
2.3.1 Users of Sweet Home can upgrade their Subscription if additional functionality is required and available.
2.3.2 Customer shall provide Lifetronic with accurate, complete and up-to-date information with regard to their account, and they should update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account.
2.3.3 Customers shall keep a secure password for their use of the Services and each Customer shall keep his password confidential. Customers agree not to disclose their Account password to anyone and to notify Lifetronic immediately of any unauthorized use of their Account.
2.3.4 Rights granted to Customers are non-exclusive. Customers obtain no preferential rights to specific territories, markets, customers, pricing or otherwise. Lifetronic reserves the right to engage additional Customers.
2.4 Customers shall not access, store, distribute or transmit any Viruses, or any material, or otherwise use the Services in any manner that:
2.4.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
2.4.2 facilitates illegal activity;
2.4.3 depicts sexually explicit images;
2.4.4 promotes unlawful violence;
2.4.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
2.4.6 is otherwise illegal or causes damage or injury to any person or property;
and Lifetronic reserves the right, without liability or prejudice to its other rights to Customers, to disable Customer's or an individual Licence to any material that breaches the provisions of this clause.
2.5 Customers shall not:
2.5.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
2.5.2 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
2.5.3 access all or any part of the Services and Documentation in order to build a product or service which competes with the Services; or
2.5.4 attempt to obtain, access or derive in any fashion the underlying source code of the Software used in the Services, recognising that this Agreement does not convey any rights to source code and that all such rights in and to the source code of the Software are reserved to Lifetronic.
2.6 Customers shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify Lifetronic. Customers are liable for all unauthorised access to or use of the Services and/or the Documentation that occurs through their account.
2.7 Lifetronc may offer additional products, services or enhanced functionality for Customers to purchase in accordance with the terms of this Agreement ("Additional Services"). At the Customer's, the parties may agree in writing for the provision of Additional Services during the term of this Agreement by completing a specified order form.
2.8 The fee for providing Additional Services under this Section will be agreed by the parties prior to the performance of such Additional Services.
3.1 Lifetronic shall provide the Services to Customers on and subject to the terms of this Agreement.
3.2 Lifetronic generally intends to use commercially reasonable efforts to make the Services available 24 hours a day, seven days a week, except for:
3.2.1 planned maintenance carried out during the maintenance window (to be reasonably advised via Sweet Home website or software application from time to time; and
3.2.2 temporary suspension without notice, for security reasons, systems failure, emergency maintenance and repair, events of force majeure or other circumstances that warrant suspension in the reasonable determination of Lifetronic.
Customers will not be entitled to any refund or rebate for such suspensions, and Lifetronic does not guarantee any specific level or availability or that the Services will be free from interruptions.
3.3 Lifetronic will, as part of the Services, provide Customers with Sweet Home’s standard support services during Normal Business Hours in accordance with Sweet Home's Support Services Policy in effect at the time that the Services are provided. Lifetronic may from time to time amend the Support Services Policy in its sole and absolute discretion.
3.4 Customers provide Lifetronic with permission to remotely access their network for the sole purpose of maintenance and support and hereby expressly consent to such access by Lifetronic, its affiliates or its contractors.
By entering into this Agreement, Customers are deemed to have read and accepted the terms of Lifetronic's Privacy Policies, which are expressly incorporated herein by reference and contain important information including but not limited to:
• the type of information Lifetronic collects;
• how Lifetronic uses such information;
• the circumstances in which Lifetronic shares Customer information with third parties;
• how Lifetronic products and services interact with third parties; and
• how and how long Customer information is stored and protected.
Lifetronic shall follow its storage and archiving procedures for User Data as set out in its Privacy Policies, as such document may be amended by Lifetronic in its sole discretion from time to time also to comply with the applicable Privacy Laws requirements. Since it is impossible to reach a zero risk policy, in the event of any loss or damage to User Data, the Customer’s sole and exclusive remedy shall be for Lifetronic to use reasonable commercial endeavors to restore the lost or damaged User Data from the latest back-up of such data maintained by Lifetronic in accordance with the archiving procedure and security of processing described in its Privacy Policies and to notice Customer without undue delay if it is necessary according its Privacy Policies. Lifetronic shall not be responsible for any loss, destruction, alteration or disclosure of User Data caused by any third party.
5.1 In order to make use of the Services, Customers will require certain hardware, software and/or applications as set out in this clause.
5.2 In order for the Sweet Home Services to work, a Sweet Home Application must be installed in the End User's network. The Sweet Home Application is downloadable via the Apple App Store
5.3 Sweet Home Application must be installed on a compatibile device with a compatible operating system as reported in Documentation
5.4 The use of the Sweet Home application may be subject to additional terms and conditions imposed by third parties and/or open source license terms which may be notified at the time of download (and which take precedence over this Agreement in relation to their use). Customers agree to comply with any such terms and acknowledge that use of Sweet Home Software does not limit or curtail Customers' rights under the applicable open source license terms. A list of the open source licenses relevant to users of the Services is available on the Sweet Home website.
6.1 Lifetronic undertakes that the Services will be performed using reasonable skill in accordance with the Documentation.
6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to Sweet Home's instructions, or modification or alteration of the Services by any party other than Lifetronic’ duly authorized contractors. Notwithstanding the above, Lifetronic:
6.2.1 does not warrant that Customers' use of the Services or Software will be uninterrupted or error-free, or that the Services, Software, Documentation and/or the information obtained by Customers through the Services or Software will meet Customers' requirements; and
6.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, or any other elements provided by or controlled by third parties and Customers acknowledge that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities or other third party elements.
6.3 This Agreement shall not prevent Lifetronic from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.
6.4 Lifetronic will use commercially reasonable efforts to maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under this Agreement.
7.1 Subscribers shall:
7.1.1 provide Lifetronic with all necessary co-operation in relation to this Agreement and all necessary access to such information as may be required by Sweet Home in order to provide the Services, including but not limited to User Data, security access and configuration information;
7.1.2 comply with all applicable laws and regulations with respect to its activities under this Agreement;
7.1.3 ensure that they use the Services, Software and Documentation in accordance with the terms and conditions of this Agreement and remain responsible for any breach of this Agreement;
7.1.4 ensure that its network and systems comply with the relevant specifications provided by Lifetronic from time to time where required for use of the Services; and
7.1.5 be solely responsible for procuring and maintaining its network connections and telecommunications links, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customers' network connections or telecommunications links or caused by the internet.
8.1 To access the Services, Customers must purchase Licences via the Sweet Home Website or authorized third-party vendors. All relevant information concerning price, duration, activation and other matters relating to use of the Service is provided on the website and may change from time to time. Once your purchase is complete, you will receive an email from us confirming your purchase.
8.3 All amounts and fees stated or referred to in this Agreement:
8.3.1 shall be payable in the applicable currency specified on the online order form;
8.3.2 cancellations and refunds are subject to a 14 day money-back guarantee and subsequently at the sole discretion of Lifetronic;
8.3.3 are exclusive of value added tax or other sales taxes, which Customers agree to pay at the appropriate rate.
8.4 Lifetronic shall be entitled to vary the costs for Licences and other charges at any time. Such price changes will not affect existing licences already purchased.
9.1 You acknowledge and agree that Lifetronic own all intellectual property rights in the Software, the Services, and the Documentation. Except as expressly stated herein, this Agreement does not grant Customers any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software, the Services or the Documentation.
9.2 Customers acknowledge and agree that they will not, at any time, whether during or after termination of this Agreement:
9.2.1 adopt or use any trademarks, symbol or device which incorporates or is confusingly similar to the Lifetronic or Sweet Home logos;
9.2.2 apply anywhere in the world to register any trademarks identical to or resembling the Lifetronic or Sweet Home trademarks so as to be likely to deceive or cause confusion;
9.2.3 use the Lifetronic or Sweet Home logos as part of any corporate, business or trading name or style of the Customer; or
9.2.4 register any domain name anywhere in the world which incorporates or is similar to Lifetronic or Sweet Home logos and name.
10.1 This clause sets out the entire liability of Lifetronic (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Customers:
10.1.1 arising under or in connection with this Agreement;
10.1.2 in respect of any use made by Customers of the Services and Documentation or any part of them; and
10.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
10.2 Except as expressly and specifically provided in this Agreement:
10.2.1 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
10.2.2 the Services and the Documentation are provided to you on an "as is" basis.
10.3 Nothing in this Agreement excludes the liability of Lifetronic:
10.3.1 for death or personal injury caused by Lifetronic’s negligence; or
10.3.2 for fraud or fraudulent misrepresentation.
10.4 Subject to clause 11.2 and clause 11.3:
10.4.1 Lifetronic shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
10.4.2 Lifetronic total aggregate liability in contract (including in respect of the indemnity at clause 1.1), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total fees paid by Customers to Lifetronic during the 12 months immediately preceding the date on which the claim arose.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by emailing us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Lifetronic shall have no liability to Customers under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Lifetronic or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, acts of third parties, provided that Customers are notified of such an event and its expected duration.
If there is an inconsistency between any of the provisions in the main body of this Agreement and the Documentation, the provisions in the main body of this Agreement shall prevail.
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
17.1 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
17.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
18.1 This Agreement, and any documents referred to in it, constitute the whole Agreement between the parties and supersede any previous arrangement, understanding or Agreement between them relating to the subject matter they cover.
18.2 The parties acknowledge and agree that in entering into this Agreement, neither rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
20.1 Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes, or sent by fax or e-mail to the other party's fax number or e-mail address as set out in this Agreement.
20.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9.00 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender). An e-mail will be deemed to have been received in real time.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Italy
Each party shall try to settle any dispute or claim arising out or in connection with this Agreement by issuing a complaint to the Online Dispute Resolution Body (https://ec.europa.eu/consumers/odr/main) If you are a Consumer settled in the EU you might also make a complaint whether in Italy or in your Country Court, according to EU Consumer Jurisdiction Rules accordin to EU Regulation 44/2001. Parties settled outside EU territory or acting as professional irrevocably agree that the courts of Italy shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
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