1. Scope of these terms and conditions
These terms and conditions (“T&C”) govern your use of the progetto33.ch website (operated by Progetto 33 AG, Pontresina, , Switzerland; “Progetto33” or “we”) and any services provided to you on this website (collectively “Services”). It includes by reference our Privacy Statement available on this website.
By using our website you agree to be bound by these T&C. You should read these T&C carefully before using our website or our Services.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
To the extent that the Services include or interface with third parties’ services or websites, the respective terms of services and use provisions issued by such third parties shall apply and you undertake to comply with them.
In order to use certain functions of our website you may be requested to register as a customer with us. We will save your personal information to process your orders and for the purposes set forth in our Privacy Statement. You shall be responsible for keeping your registration data secure and shall be liable for any use made by third parties of our website and Service using such registration data. You undertake to contact us if you become aware of any unauthorized access to your account.
Users of our website (including you) may have the possibility to upload, post or store on or through our website materials (including hyperlinks texts). Such materials, to the extent they do not originate from us, shall be referred to in this T&C as “Content”. Progetto33 is not responsible for the Content or data you or third parties submit through the Services.
You are responsible for all Content uploaded, posted or stored through your use of the Services. You grant Progetto33 a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You agree that Progetto33 may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You are responsible for any your lost or unrecoverable Content.
By uploading or posting your Content you authorize Progetto33 to display it and make it available to third parties and any such third parties and in particular any user of our website shall be deemed authorized by you to use such Content without any limitation.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any unlawful Content, including Illegal, fraudulent, defamatory, offensive or inappropriate Content, Content that breaches third parties’ or Progetto33’s intellectual property rights such as copyrights and trademarks, or is in breach of privacy legislation, Content that contains viruses, trojan horses, worms or other disruptive or harmful software or data.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Progetto33 does not support and is not responsible for the Content in these community forums. Users may post hypertext links to Content of third parties for which Progetto33 is not responsible.
Progetto33 may, but has no obligation to, monitor your or third parties’ Content on the Services. Progetto33, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this agreement.
Your use of third parties’ Content is at your own risk and Progetto33 disclaims any warranty in connection thereto including that such Content is correct, up-to-date, safe, non-infringing and lawful.
Any Services provided by Progetto33 through its website are provided “as is” and any and all warranties, whether implied or express, are disclaimed to the maximum extent allowed under the applicable law, including but not limited to any implied warranties of merchantability or fitness for any particular purpose.
4. Limitation of liability
Any liability (whether in contract, tort or other legal basis) of Progetto33 for the breach of any obligation hereunder or in connection with the delivery to, or use by, you of any Service (including use of this website) provided by Progetto33 is excluded, unless Progetto33 has acted gross negligently or in wilful intent.
Notwithstanding the generality of the foregoing and to the maximum extent allowed under the applicable law, Progetto33 expressly excludes liability for indirect damages, consequential loss, damage of, or corruption to, software or data, or for loss of profit, business, revenue, goodwill or anticipated savings.
5. Suspension/Discontinuation of Services and Termination
Progetto33 may immediately, in its sole discretion and without notice, at any time suspend or discontinue any Service.
We may further terminate this agreement forthwith without notice if you fail to comply with these T&C. Upon termination you must immediately stop using the Services.
Severability: In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law and the invalid, unlawful or unenforceable provision shall be replaced by a valid, lawful and enforceable provision that, from its commercial purpose, it comes closed to the invalid, unlawful or unenforceable provision.
Amendments: We reserve the right to change these T&C at any time, and the changes will be effective when posted on through the Services, on our website or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Waiver: Failure or neglect by Progetto33 to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of Progetto33’s rights hereunder nor in any way affect the validity of the whole or any part of these T&C nor prejudice our rights to take subsequent action.
7. Governing law and Jurisdiction
These T&C and any contract entered into hereunder shall be subject to and governed by Swiss Law.
Subject to mandatory legal provisions providing otherwise, the Courts oat the registered office of Progetto33 shall have exclusive jurisdiction on any dispute, controversy or claim arising out of or in relation to these T&C and any contract entered into hereunder, including the validity, invalidity, breach or termination thereof. Notwithstanding the preceding sentence, Progetto33 shall be entitled to bring action against customers in the courts at the latter’s domicile.