The following general conditions (hereinafter "General Conditions") apply to all visitors (hereinafter "Users" or the "User") of the website www.enirewind.com (hereinafter "Website"), which is the property of Eni Rewind S.p.A.. - Company subject to direction and coordination by Eni S.p.A., Registered Office Piazza Boldrini, 1, 20097 San Donato Milanese (MI), (hereinafter “Eni Rewind”). These General Conditions apply exclusively to the Website and not to the website www.eni.com, whose own terms and conditions will apply.
1. Methods of Website use
By accessing the Website
the user recognises as follows:
a) Eni Rewind may suspend or definitively interrupt
access to the Website;
b) Website use occurs at the exclusive risk and burden
of the User;
c) the Website is provided to the User without payment of any fees,
in its current condition and without a promise or guarantee of validity or accuracy
of its contents and the continuity of the service;
g) the Website may not be
supported by some browsers and/or operative systems on the market or by some versions
thereof and the User will be required to identify the correct combination of software
and hardware which enables suitable fruition of Website contents.
2. Modification of General Conditions
Eni Rewind reserves
the right to apply all suitable modifications to the General Conditions, at its sole
discretion, and to suitably advertise any such amendments on its own home page. Modifications
to the General Conditions will be effective from the moment of publication on the
Website.
By continuing to use and/or access the Website after modifications to
General Conditions have come into effect as described above, the User accepts contents
as modified.
3. Intellectual property and industrial rights in relation to the
Website
The User explicitly recognises that all intellectual property
rights, including, by way of example but not of limitation, know-how, source code,
software, hardware, projects, applications, patents, industrial secrets, formulas,
algorithms, models, data bases and similar, pertaining to the Website, data and other
material from Eni Rewind or in any case made available for the User by Eni Rewind
pursuant to General Conditions, remains the exclusive property of Eni Rewind and/or
respective owners and that the User is not granted any rights with reference to the
aforementioned, except for exclusively personal use only, in compliance with these
General Conditions. Data bases on which the Website is based (hereinafter "Data Bases")
as well as contents thereof are protected by copyright pursuant to Law no. 633, 22nd
April 1941, as amended by Legislative Decree no. 169, 6th May 1999 (hereinafter 'copyright
law'). Data bases are also subject to significant investments from the founder Eni
Rewind, with consequent protection, also pursuant to articles 102 bis and 102 ter
of the Copyright Law. For aforementioned protection purposes, the Users are permitted
to use Data Bases strictly in compliance with these General Conditions only. Under
no circumstances may these General Conditions be interpreted as conferral of the right
to extraction or re-use of all or a substantial part of Data upon Users.
4. Ban on Website use for commercial purposes
The User's
right to use the Website is personal and non transferable. The User can only access
the Website in their capacity as a natural person and for strictly personal purposes,
not for profit or in any case for the pursuit of economic gain. The User is strictly
forbidden from adding any contents extracted during Website use to intellectual property.
The User is strictly forbidden from reproducing, publishing, distributing, transforming
into a data base, translating, subjecting to framing or deep linking, reselling or
in any way exploiting the Website for commercial purposes or profit, for any of its
parts or any extracts of Data Bases, as well Website use or access.
5. Links
Eni Rewind provides links to other websites or
other internet resources. The User acknowledges and recognises that Eni Rewind does
not have any control over the content of such websites and in its capacity as a mere
third party it is not liable in any way for the content and/or material, including
advertisements, which are provided on such websites or external resources, or for
any products or services provided therein. Such products or services cannot be considered
sponsored, shared or supported by Eni Rewind and therefore the User accepts full responsibility
for any purchases made of such products or services.
6. Limitation of liability
Eni Rewind declines all liability
for any User claims regarding the inability to use the Website for any reason. Eni
Rewind will not be held liable for direct or indirect damages, claims or losses incurred
by the User in the event of malfunction and/or faulty functioning of electronic devices
of the User or third parties, including Internet Service providers, telephone and/or
telematic links which are not directly managed by Eni Rewind or persons for whom it
is liable. Eni Rewind will not be found in breach of its own obligations or liable
for damages:
a) in the event of failure to access or failure to operate the
Website due to faulty functioning or malfunction of the electronic means of communication
due to causes beyond the sphere of its own foreseeable control, including by way of
example: fires, natural disasters, power cuts, unavailability of telephone lines or
lines of other network service providers, malfunction of calculators and other electronic
devices including those which are not an integral part of the Internet, malfunctioning
of elaboration programmes installed by the User;
b) deriving from actions carried
out by other users or other persons with access to the Internet.
7. Use for lawful purposes and indemnity
The User undertakes
to use the Website exclusively for lawful purposes which are permitted by applicable
statutory provisions in force, use and habit, rules of diligence, in any case without
compromising the rights of any third parties, users of means of communication or otherwise
and with particular attention to data protection regulations, intellectual and industrial
property right laws, personal data protection laws, cyber crime regulations in force
and telecommunications legislation. The User assumes full liability for the content
of messages and texts they send and recognise sole liability thereof, relieving Eni
Rewind and any subsidiary or affiliated entities, representatives, employees and any
partner of Eni Rewind from any consequent request for damages or compensation and
will compensate Eni Rewind for any cost incurred as a result of claims or actions
by third parties brought against Eni Rewind for damages caused by the User or persons
authorised by the User to access the Website. Any information and/or material submitted
to Eni Rewind by any user of the website www.enirewind.com via said website will not
be considered private or confidential. Therefore Eni Rewind will not be subject to
any obligations pertaining to such information and/or material. Eni Rewind reserves
the right to use such information and/or material in what it deems to be the most
appropriate methods.
8. Governing Law
The
General Conditions are regulated and must be interpreted pursuant to Italian law.
Failure to exercise any right deriving from these General Conditions does not imply
a waiver of the exercise of said rights. Should any provisions set forth in these
General Conditions be found to be invalid following court proceedings, remaining provisions
will continue to be applied.
Eni Rewind S.p.A. - Company subject
to direction and coordination by Eni S.p.A.
Registered Office
Piazza Boldrini, 1 20097 San Donato Milanese (MI)
Authorised
Share Capital € 425,343,731.50 fully paid up
Tax identification
and Milan-Monza-Brianza-Lodi Business Registry no. 09702540155