Last updated: April the 2nd, 2017
1. WHAT THIS DOCUMENT IS ABOUT
These Terms of Service (“Terms”, “Terms of Service”, “TOS”) govern the use of the websites www.coffeebi.com and of the service connected to those websites (hereafter collectively referred as “CoffeeBI.com”, “CoffeeBI”, “Website”, “Service”).
The Website belongs to Euroeuro s.r.l., Via Messina 47, 20154 Milano (Italy) VAT n. IT03885410936 (“Us”, “Our”, “We” or “It”), company registered in and regulated under the laws of Italy.
“CoffeeBI” and “coffeebi.com” are trademarks of EuroEuro s.r.l.
Registered users of our Services are “Members” and unregistered users are “Visitors”. These TOS applies to both (collectively referred to as “Users”, or “You”).
2. WHAT DO YOU AGREE TO
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service and you should leave the Website immediately.
You agree to indemnify Us and to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of these Terms, or arising out of any claim that You have breached any provision of these Terms.
a. how you can use the Website.
- You shall not use the Site in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software or any material for which doing so would constitute a breach of law (including but not limited to intellectual property or personal data protection law).
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Our express written consent.
- You must not use this Website to transmit or send unsolicited communications or for any purposes related to marketing without Our express written consent.
b. User Content
In these Terms, “User Content” means any material (including but not limited to text, images, audio material, video material and audio-visual material) that you submit to this Website for whatever purpose.
Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against You or Us or a third party (in each case under any applicable law).
You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to remove any material submitted to this Website that constitutes does not comply with the provisions set in these Terms.
You understand and accept that “User Content” may be accessible to other users or visitors of the Website, depending on the nature of User Content and on the reason of the submission. You also understand that, due to the nature of the Service, although some of User Content may be intended for a restricted audience and notwithstanding Our efforts to ensure the security of the Service, a residual risk exists that User Content may become under some circumstances accessible to third parties (including other Users of this Website) that were not supposed to access it.
Notwithstanding Our rights under these Terms in relation to user content, We do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
c. Copyright and licences
Unless otherwise stated, We and/or Our licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all the intellectual property rights are reserved.
You can view pages or contents from the site (hereafter the “Material”) for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. With respect to the Material, excepted for the User Content that you have uploaded (“Your User Content”), you shall not:
- Download or print any parts of the Material unless explicitly allowed
- Re-publish any parts of the Material (including republication on another website)
- Redistribute, sell, rent or sub-license any part of the Material show any part of the Material in public
- Reproduce, duplicate, copy or otherwise exploit any part of the Material for a commercial purpose.
d. Your account
When You create an account with the Website, you must provide Us information that is accurate, complete, and current. You shall ensure that the information provided stays current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Service.
You are responsible for safeguarding the password and any other security means that you use to access the Service and for any activities or actions performed under your password.
You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.
e. Restricted access
Access to certain areas of this Website is restricted. We reserve the right to restrict access to some areas of this Website, or indeed the entire Website, at Our only discretion.
You shall not access or try to access any areas of this Website to which you have not been explicitly been given access. You shall not to try to use any functions of the Service for any other purpose than the ones that function has been provided for and for which you have been authorized to use it.
We can disable, suspend or terminate Users’ access to the website discretion without prior notice in case of breach of any provisions of these Terms.
f. Your contribution to other users’ User Content
If you are providing contribution with respect to the User Content of other users, you shall ensure to be entitled to do so under the applicable laws and your contribution shall not constitute advice that is regulated under the applicable laws (for instance but not limited to, medical, legal or tax advice).
WHAT WE ARE RESPONSIBLE FOR
a. No warranties
This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and materials provided in it.
Without prejudice to the generality of the foregoing paragraph, We do not warrant that:
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. In particular, the Website may allow You to receive comments, messages or other forms of contribution from other Users with respect to Your User Content. We cannot be held responsible for the content of such contribution.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Us.
We have no control over and we cannot and do not assume responsibility for the content, privacy policies, or practices of any third part web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
b. Limitations of liability
We will not be liable to You in relation to the contents of, or use of, or otherwise in connection with, this Service:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
- for any losses due to financial investments.
These limitations of liability apply even if We have been expressly advised of the potential loss.
You accept that, as a limited liability entity, We have an interest in limiting the personal liability of Our officers and employees. You agree that you will not bring any claim personally against Our officers or employees in respect of any losses you suffer in connection with the Service.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect Our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Us.
By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website.
PREMIUM SERVICES AND PAYMENTS
If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your services or your subscription.
You also acknowledge that:
- Our reference prices are set in Euros. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates) and the prices in other currencies are not binding for Us.
- You authorise Us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- You shall pay CoffeeBI Premium services for applicable fees and taxes unless you cancel the them, in which case you agree to still pay these fees through the end of the applicable subscription period.
- Taxes are calculated based on the billing information that you provide us at the time of purchase.
You can request your invoice monthly through CoffeeBI Customer Support.
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
WHAT YOU SHOULD KNOW ABOUT THESE TERMS
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
If you disable your account we will not automatically delete your User Content or Your Data.
If we disable or terminate your account, we may delete your User Content or Your Data, partially or completely.
If you want to disable your account please write us an email or letter at the addresses present on the page https://coffeebi.com/contact-us/, mentioning ‘Cancel Registration’ and your email address in the object of your communication.
All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. You can find the most recent version of these Terms in force at the address https://coffeebi.com/terms-conditions/ and we and invite you to visit this page regularly.
By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, you shall immediately stop using the Service.
We may transfer, sub-contract or otherwise deal with the rights and/or obligations under these Terms without obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
e. Entire agreement
These Terms constitute the entire agreement between You and Us in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.
f. Law and jurisdiction
These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.
HOW YOU CAN CONTACT US
You can contact our Customer Support at the addresses available at https://coffeebi.com/contact-us/