Terms of Service

Introduction

Welcome to exsafe.it (hereinafter, EXSAFE Platform or Site ), the website and the online service of EXSAFE SRL (hereinafter, EXSAFE or us or ours ), based in Piazza Marconi 25/1 in Porto Viro (RO ).

EXSAFE Platform is intended solely and exclusively for users of legal entities who request it in the context of a business or professional activity (hereinafter, Customers or Customer or You ) and is not aimed at consumers, by which we mean the subjects referred to in art. 3, paragraph 1, lett. A) of Legislative Decree 6 September 2005 n. 206 ("Consumer Code").

EXSAFE Platform provides a single place, online, to support the Customer for the purposes of self-assessment and self-management - carried out by the same through the Site - of its business risks carried out by the Customer using the support, know-how and methodology offered by EXSAFE. Therefore, the Customer remains solely responsible for the topicality, correctness, truthfulness and completeness of the information and data entered on the Site at the time of completing the questionnaires for the purpose of carrying out the Service. EXSAFE excludes any responsibility in relation to the results of the self-assessment process of business risks carried out by the Customer using the Service.

These Terms of Use (hereinafter, Terms ) are a contract between you and EXSAFE and explain the terms governing the use of the online services, website (and any material on the website), software and other services we provide or otherwise made available on the EXSAFE Platform (collectively, the Service ). You must read and agree to these terms before using the service, and if you disagree, you cannot use the service.

By accessing or using the Service or clicking "I accept", you indicate that you have read, understood, accepted and are bound by this agreement for the collection and use of your data as set out in the EXSAFE Privacy Policy, which is part of this agreement.

This agreement applies to all visitors to the website or users of the Service, including, as the case may be, individual employees of a company (collectively, the Users ). If you activate an EXSAFE Platform account or in any case if you register and / or use the website or service on behalf of a company and / or its employees, you represent and warrant that you have the authority to act in the name and on behalf of, and to bind such company and / or its employees to this agreement. References to "User" or "you" in this agreement include such company and / or its employees.

PLEASE READ THIS AGREEMENT CAREFULLY TO MAKE SURE YOU UNDERSTAND IT IN EVERY PART. EXSAFE reserves the right to modify these Conditions at any time with a notice of 30 (thirty) days through an announcement that will be published on the Site.

 

1. Use of the EXSAFE Platform Service

A. Description of the EXSAFE Platform Service

The EXSAFE Platform service provided by EXSAFE to Customers through the Site mainly consists of a self-assessment and self-management service of business risks, carried out by filling in specific questionnaires by the Customer, moreover EXSAFE PLATFORM, provides other services connected to the 'area of Risk Management and Business Continuity

B. Eligibility

The service has been designed for use by employers and employees in Italy. Unless otherwise specified, all materials found on the Service are dedicated exclusively to companies or other entities located in Italy. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all Italian laws including local laws and regulations, including, but not limited to, export and import provisions. Any use or access to the Service by anyone under 18 years of age is strictly prohibited and in violation of this Agreement.

C. License for the Service

Under the terms and conditions of this Agreement, EXSAFE grants you to use a non-exclusive, limited, non-transferable, revocable license.

D. EXSAFE Platform Account

The EXSAFE Platform account grants you access to the Service and any additional features that will be developed in the future (to which you may choose to subscribe, as the case may be) from time to time.

It is not allowed to use another user's account without permission.

When creating your account, you must provide accurate and complete information, and you must keep this information up to date. The Customer is solely responsible for the activity that occurs on their account, and it is essential to keep the account password safe. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, with a minimum of eight characters) for your account. You must immediately notify EXSAFE of any breach of security or unauthorized use of your account. EXSAFE will not be liable for any losses caused by any unauthorized use of your account.

By providing your email address, the Customer agrees to EXSAFE to use this email address, as an alternative to paper correspondence, for sending communications relating to the services, including any communications required by law. EXSAFE may also use the e-mail address and any telephone number that the Customer has provided by setting up their account to send other messages, such as changes to service features and service offerings.

E. Service regulation

The Client (including individual users, such as employees and collaborators) agrees to avoid any of the following prohibited activities: (i) copying, distributing any part of the Service (ii) using any automated system, including, without limitation, "Robot" and "spider", in such a way as to send more requests to the EXSAFE servers than a human being can reasonably produce in the same period of time using a conventional online web browser, (iii) the transmission of spam, chains or other unsolicited emails, (iv) attempting to interfere with, compromise the integrity of the security system or decrypt any transmission to or from the Service or the servers running the service, (V) to take any action that may impose a unreasonable or disproportionate load on our infrastructure, as determined by EXSAFE, (vi) uploading invalid data, viruses, worms or other software agents through the Service, (vii) use the Service in order to obtain information about EXSAFE, the Service or our customers in order to compete with EXSAFE or otherwise replicate some parts or all of the Service for any reason, (viii) modification, disassembly, decompilation or reverse engineering of the Service or any part thereof.

Without prior notice to the Customer, EXSAFE may modify the service, interrupt the supply of all or parts of it and create limits of use. We may permanently terminate or temporarily suspend your access to the Service without notice and liability to you for any legal reason, including, in the event of our sole determination, that you violate any provision of this agreement, or for any reason whatsoever, if legally permitted. . In the event of termination, you will continue to be bound by the terms of this Agreement which by their nature extend beyond termination.

 

2. Our Property Rights

Except for materials such as logos, trademarks and service marks owned by our business partners or licensors, the Service and all materials accessible through the Service, including, without limitation, software, images, text, graphics, illustrations, logos , patents, trademarks, service marks, copyrights, photographs, audio, video and music (hereinafter, EXSAFE Contents), and all related intellectual property rights of EXSAFE contents, are the exclusive property of EXSAFE. Except as expressly provided herein, nothing in this agreement grants a license or any of our intellectual property rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, broadcast, publicly display, publicly perform, publish, adapt, modify or create derivative works from any of the EXSAFE content. The website and any EXSAFE content on the site are for personal, informational and non-commercial use only. Use of the EXSAFE Content for any purpose not expressly provided for in this agreement is strictly prohibited.

 

3. Preferred partners

For some services provided directly by third parties, EXSAFE can highlight some suppliers as EXSAFE "Preferred Partner". EXSAFE sometimes receives additional compensation from such partners. While our preferred partners are committed to providing an excellent product and competitive prices, EXSAFE is not responsible for the services provided to the Customer by these Preferred Partners.

 

4. Links and information to third parties

The Service may contain links or the ability to access third party materials or services that are not owned or controlled by EXSAFE. We assume no responsibility for such third party sites, information, materials, products or services, even if any of the aforementioned elements may be integrated with use or directly accessible from the Service. If you were to access a third party website or service from the EXSAFE service, you do so at your own risk, this agreement and privacy policy do not apply to your use of the same.

 

5. Registration and Privacy

The Registration Data as well as any other personal data or information that can be associated, directly or indirectly with a Customer, are collected and processed in accordance with Legislative Decree 196/2003 ("Code regarding the protection of personal data"). In particular, pursuant to art. 13 of Legislative Decree 196/2003, the processing of data concerning the Customer is carried out using computerized methods within the Site database, in compliance with the provisions of this Decree on the protection of personal data and exclusively for obligations related to provision of the Service.

In relation to the processing of the Customer's personal data, the same may exercise, at any time, the rights established by art. 7 of Legislative Decree 196/2003 by sending an e-mail to the data controller at info@exsafe.it.

By checking the "I accept" box on the Site in relation to the information pursuant to Legislative Decree 196/2003, the Customer declares to have read the information and expresses consent to the processing of personal data in the manner indicated in the same (privacy policy EXSAFE on the exsafe.it website).

 

6. Mobile Software

The service can be used on a mobile device using the Mobile Software (hereinafter, Mobile Software). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile software. We do not guarantee that the mobile software will be compatible with your mobile device.

You agree that you are solely responsible for any use of mobile data or other similar charges incurred by you in connection with the Mobile Software. Under the terms and conditions of this Agreement, EXSAFE grants a non-exclusive, non-transferable, revocable to use the mobile software for EXSAFE Platform through a proprietary mobile device.

The user acknowledges that EXSAFE can freely update the version of the mobile software. You agree to such automatic updates, and agree that the terms and conditions of this Agreement will apply to all such updates.

 

7. Fees and payment methods

The Customer undertakes to pay the entire fee for the Service following the methods indicated on the Site for this purpose. Failure to pay the fee within the established terms determines the immediate interruption of the Service. Payments can be made by credit card - also via pay pal system - Bank Transfer - following the instructions that will appear on the website at the time of payment. Other methods will be indicated under the Website payments.

If the Customer uses a credit card to pay for the Service and has consequently entered the related data on the Internet, the Customer assumes all responsibility for any abusive or undue use of this credit card and related data by third parties. . EXSAFE therefore declines all responsibility for any harmful consequences that may arise for the Customer for payment transactions made by credit card.

 

8. Interruption or suspension of the Service

EXSAFE reserves the right to disconnect, temporarily or permanently, the Service at any time, without prejudice to the fulfillment of the Contracts already stipulated with the Customers. The Customer acknowledges that EXSAFE cannot in any way be held liable to the Customer or to third parties for the suspension, interruption and disconnection, temporary or permanent, of the Service.

 

9. No professional advice

If professional information is provided in the course of providing the Service, it is for informational purposes only and should not be construed as professional advice. No action should be taken based on this information without first seeking independent professional advice.

 

10. Indemnity

The Customer undertakes to indemnify EXSAFE and its affiliated companies, or in any case to compensate for all damages, to reimburse any expenses, incurred for any reason and including interest, that the latter should bear as a result of judicial or extrajudicial actions , promoted by third parties against him in relation to the Service referred to in the Contract for facts attributable, directly or indirectly, to the Customer.

 

11. No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXSAFE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY.

EXSAFE DOES NOT WARRANT, APPROVE, AND ASSUMES ANY LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICE OR ANY SITE LINKED TO EXSAFE.

 

12. Limitation of Liability

The Customer acknowledges that the use of the Service takes place at their own risk and for their own purposes. EXSAFE does not offer any guarantee regarding the results that are expected, hoped for or obtained by the Customer with the use of the Service. EXSAFE disclaims any liability arising from the use by the Customer of the results of the Service.

The Customer acknowledges and acknowledges that the results, information and outputs of the Service are the result of a self-assessment process of business risks carried out on the basis of the data and information and answers provided by the Customer. EXSAFE therefore assumes no responsibility in relation to any changes in facts or circumstances occurring relating to the sphere of the Customer not indicated by the Customer. EXSAFE cannot in any case be held liable towards the Customer or third parties for loss of profit, loss of earnings, or for any other form of loss of profit or indirect, material or immaterial, or consequential damage connected to the execution of the Contract or to the provision of the Service or the inability to use the Service.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXSAFE DOES NOT ASSUME LIABILITY FOR ANY (I) ERROR OR INACCURACY OF THE SERVICE, (II) DAMAGE TO PROPERTY, OF ANY NATURE, ARISING FROM YOUR ACCESS OR USE OF THE SERVICE, ( III) INTERRUPTION OR TERMINATION OF DATA TRANSMISSION TO AND FROM THE SERVICE, (IV) BUGS, VIRUSES, SLUTH HORSES OR SIMILAR THAT MAY BE TRANSMITTED THROUGH OUR SERVICE BY ANY THIRD PARTY.

 

13. Final Provisions and Communications

The Contract cancels and replaces any other previous agreement that may have occurred between EXSAFE and the Customer having the same object, and constitutes the integral manifestation of the agreements concluded between the Parties on this subject. No modification, clause or any addition to the Agreement will be valid and effective between the Parties, unless expressly and specifically approved in writing by both.

Any communication, correspondence, request, instruction or other document that must be sent to EXSAFE pursuant to the Contract, must contain the indication of the EXSAFE Platform Service and be sent by registered letter (with return receipt) to the address indicated below. :

EXSAFE SRL, PIAZZA G. MARCONI 25/1 (RO) - 45014.

For anything not expressly provided for in these Conditions, the Parties expressly refer, to the extent that this is compatible, to the laws in force at the time of the conclusion of the Contract. To the extent permitted by law, the invalidity or ineffectiveness of all or part of the clauses of these Conditions will not result in the automatic and complete invalidity or ineffectiveness of the remaining Conditions. Failure or delay in exercising a Party's rights or remedies under a Contract or the law does not result in a waiver of such rights or remedies.

 

14. Applicable law

These Conditions and the relations between EXSAFE and the Customer deriving from the stipulation of the Contract are governed by Italian law.

 

15. Jurisdiction

The Court of Rovigo will be exclusively competent for any dispute that may arise between EXSAFE and the Customer in relation to the interpretation and / or execution of these Conditions and / or the Contracts.