TERMS AND CONDITIONS OF USE
Article 1 – Definitions
"Terms and Conditions" as in this document;
"Snap" as the air-aspirator equipped with sensors and manufactured by Elica company, so hereinafter named;
"Site" hereinafter intended as the website, accessible through the URL www.snap.elica.com;
"Elica" hereinafter intended as Elica S.p.A. company, based in Via Ermanno Casoli no. 2 60044 Fabriano (Ancona) Italy;
"Services" hereinafter intended as total services and goods/utilities available on the Site, offered by Elica;
"User" hereinafter intended as the person who has access to the Site and Services in compliance with Terms and Conditions herein stipulated;
"Account" hereinafter intended as part of the Site granted to the User for use, in order to access use of the services provided;
Article 2 - Subject
The herein provided Services shall consent the user to view data, including statistics, relating to specific environmental data collected directly by Snap.
Services may furthermore consent operating the functions of Snap by remote control. Following registration, the User shall be provided with an Account which will allow him to access use of the Services.
The Services are provided by Elica company free of charge, and are to be intended as ancillary options for an unlimited period of time, on purchasing Snap; hence, it is hereinafter to be intended that Services shall not be accessible and usable unless having purchased Snap.
Costs relating to connecting to the Network, essential in the Acceptance of Terms and Conditions herein, shall be borne by the User, as well as costs relating to connecting to the Internet and mains, necessary for the proper operation of Snap.
Article 3 - Acceptance
Article 4 – Creating your Account
In order to access the Service, the User shall pledge to:
a) provide the data and information required during the registration process, and ensure that these are kept updated, complete and accurate;
b) the User shall immediately and constantly keep updated all the aforementioned information so that it is always current, complete and accurate. However, should the User provide either false, inaccurate, or incomplete, not-current information; or should Elica company considers that the information provided by the user be false, inaccurate, not-current or incomplete, Elica company shall be entitled to temporarily or definitely disable the account of the User and prevent him from having any further access to any of the Services provided.
During registration, the User is required to provide the following information and data: Name, Surname, Email address, Password.
|currentEnabledEffects||Bitfields which identifies which visual effects have been enabled|
|idColor||Identifies the colour of Snap|
|idEnvironment||Identifies the environment of installation|
|idSize||Identifies the environment of installation size|
|Height||Height of environment of installation / Height from ground for Snap installation|
|degreeMeasureUnit||Identifies the unit of measurement for temperature|
|idHouse||Identifies the type of dwelling|
|idHood||Identifies the hood type|
|idCooktop||Identifies the hob type|
|Ac||Flag indicating connection of Snap to the air-conditioning system|
|Heat||Flag indicating connection of Snap to the heating system|
|idGrid||Identifies the outlet grid|
|installDate||Date of installation of Snap|
|installCity||City of installation of Snap|
|installZipCode||Post Code of the city of installation of Snap|
Elica shall reserve the right to ask for any further information, whenever it deems necessary. Once the registration procedure is completed, the User will receive an email at the address given, and upon checking the email address accuracy, the Account will be enabled.
From the moment the Account has been enabled for the first time, the User shall have access to the Services provided.
It is hereby to be understood that all activities carried out by using the Account, they are to be automatically attributed to the user/owner of the account and thus express his/her direct willingness and awareness in carrying out these operations; Elica, therefore, shall pledge to carry out any operation hence requested to it, however reserving the right to reject any of the operations requested, should it deem the request to be a potential violation on the security of the Account.
Article 5 – Connecting with Snap
All Services are provided on the basis of data directly provided by Snap.
In order to access and use all of the Services, it is necessary to connect Snap to the Internet Network, via ADSL connection equal to at least 2mbs, as well as a domestic electric connection.
Elica will not be deemed responsible for any lack of services should there be no connectivity, or should Snap be totally or in part damaged or should power supply be lacking.
Following the switching off of Snap, the transmission to Elica company of data collected by Snap will in any case not be disabled.
Article 6 –Account Security
The User shall be provided with login/access credentials pertinent to his/her Account, These credentials, which are to be considered as personal, shall be conserved by the User himself, who, shall in turn be deemed responsible for adopting further security measures for the safe-keeping of his credentials . Afore-mentioned measures, shall be adjusted according to skills acquired, technical progress, type and specific features of information systems used , with the purpose of minimizing the risks of non-authorized use, destruction, misappropriation or accidental loss of Users’ credentials.
The User shall pledge to immediately inform Elica company regarding any such theft, accidental loss of access credentials. The User shall be deemed responsible for the custody and correct use of his/her own credentials and of the devices he/she shall use for entering and safekeeping the credentials ; further to any consequence arising from the incorrect use, loss and/or misappropriation and/or comprising confidentiality and/or integrity of credentials. Elica, shall furthermore be entitled to suspend the use of the Account temporarily or definitely, should there be any suspected fraudulent use of the Account or the Services provided.
Article 7 – Interoperability of Services, Site and data.
Services are accessible via a free App (hereinafter named “App”), downloadable on personal mobile phone by connecting to itunes (for IOS) and playstore (for Android) sites, as specified in the documents supplied in the product packaging or through the internet site specified in the same documents.
Data collected by Services accessed online can be obtained by the user in ‘odf’ format, in order to get the maximum possible interoperability of documents. The Site shall be available in html5, in compliance with W3C standards.
Usability via different technologies is hence not guaranteed.
Article 8 – Elica Access to Snap
Article 9 – Intellectual Property
The contents, works and published materials or any such material published or present on the Site or on the App – including but not limited to trademarks, logos, pictures or photos, messages/notices and documents therein available or published on the site, as well as software application and codes used for the implementaion of the Services and App itself –are intended to be exclusivley owned by Elica company, or to be used only upon authoriszation/licence granted by the related owner. The user shall have the right to access/use them only if the activity is strictly necessary for the proper use of the Services provided. Elica reserves all rights, includin the right of reproduction. Any other use of the aforementioned material as otherwise not specified in this document, for any purposes , except for the prior consensus hereby directly granted by Elica company, shall be strictly forbidden.
The User shall hereby acknowledge and agree that some DRMs and other technological measures on protection may be present on the Services and /or the App and/or on Snap, pursuant to and in accordance with the copyright Law (Law no.633/41); these measures consist of devices and/or components intended to prevent or restrict the number actions/activities that can be potentially carried out without prior authorization by the rights-holder/s. It shall expressly be forbidden to the User to make use of Services or Apps, other than that as prescribed herein, including any removal, alteration of technological measures on protection and/or any of the aforementioned electronic information. All data obtained via use of Snap and relating Services by the User in compliance with the Terms and Conditions herein, including environmental data, are intended of exclusive ownership of Elica company.
Article 10 – Termination and Cancellation
The User shall hold the right to revoke the herein stipulated Terms and Conditions whenever he deems necessary, by sending an email addressed to email@example.com or by using the Services provided. The termination shall hereby have no effect on the services already carried out.
Elica company shall hold the right to revoke whenever it deems necessary, by sending an appropriate email to the address as indicated by the User himself/herself, or by using the Services, with at least 15 (fifteen) days prior notice.
In this case, Elica shall not be deemed liable to pay out to the User any sum as regards to the termination, and shall consider the User not liable to pay any expenses occurred, loss of earnings or any work or activity performed.
Article 11 – Modification on Terms and Conditions and Intergration of new features
Elica shall hold the right to modify change any of the Services offered, whenever it deems necessary and with no prior notice, by integrating new features either suspending or modifying some of them, also with the purpose of improving the Services provided.
Elica shall hold the right, whenever it deems necessary, to terminate definitely all or in part without any restriction, the existence of the Site and Services provided to Users, with at least 10 (ten) days prior notice. Elica shall hold the right to modify unilaterally, whenever it deems necessary, the Terms and Conditions herein. Should this right be exercised, Elica shall pledge to inform the User providing a suitable justification, with at least 10 (ten) days prior notice. The User shall hence have the right to terminate the agreement without obligations in accordance to terms and manners already specified in the Terms and Conditions herein. The User, shall not however be entitled to claim any refund /payment for the purchase of Snap and/or related connectivity.
Article 12 – Limitation of Liability
With the exception of mandatory Law provisions, Elica shall not be held responsible, for any reason whatsoever, for damages suffered by the User and/or third parties directly or indirectly resulting from the User and/or Elica’s failure to comply- or improper compliance - with the provisions specified under the Terms and Conditions herein.
Elica shall not be held responsible for any eventual breach of Laws or Regulations attributable to actions or omissions made by the User.
In any case, Elica will be indemnified by the User for any administrative or civil consequence, as well as shall hence be exempt from any responsibility, loss, damage or costs met by the User either for observance and/or breaching of the Terms and Conditions herein specified , and/or any law provisions, or rather in case of damages claimed for any reason by the User or third parties. Elica company, shall not be held liable for any reason whatsoever, in case of the total and/or partial unavailability of the Site and/or Services. Furthermore, Elica company shall expressly not be held responsible for any temporary or definite interruption of the Services provided.
The provisions stated under the present clause do not apply to Snap, which shall nevertheless be covered by the warranty provided for by the law.
The User shall expressly be reminded of the existence of a legal guarantee of conformity for Snap, an after-sale technical assistance service and a commercial warranty, where applicable.
This clause does not apply to Elica’s responsibility for willful misconduct or gross negligence.
Artice 13 – Retention of log files
The User shall hereby acknowledge and accept the existence of operation log files ("Log"). The User acknowledges that Elica company shall be entitled to produce, should controversies arise, - and as evidence of the activities carried out by the User and, more generally , of the relationships with the User,- the Logs and sources of evidence derivable from the systems and information procedures used by Elica company to regulate access to the Services provided.
Article 14 -Assignment
Elica withholds the right to be replaced with a different subject and/or assign in part or completely, and for any reason whatsoever, any obligations arising from the Terms and Conditions herein, whenever it may deem necessary with at least 10 (ten) days prior notice. Elica withholds the right to subcontract and/or assign to third parties the execution and the integral or partial implementation and administration of the services due in accordance with the Terms and Conditions herein, without prior notice.
Articolo 15 –Competent Court
The Terms and Conditions are intended to be governed by the Italian law; any dispute arising in connection with them, shall hence be subjected to the Court of Milan, unless otherwise specifically provided by mandatory Law.
16. Invalidity and unenforceability of clauses.
The invalidity and/or unenforceability and/or inefficacy of one or more of the provisions set forth in the Terms and Conditions, shall not mean the invalidity and/or unenforceability and/or inefficacy of the Terms and Conditions herein stated.
17. Technical Assistance and Claims
In order to receive assistance or file claims, the User can directly contact Elica company via the addresses listed on the Site.