1 – PREAMBLE
By signing the registration form, Unione Italian Vini Soc. Coop. (referred to hereafter as “UIV”) provides the Client with the UIV’s “Observatory of Wine” (hereafter referred to as “Wine Observatory”) databank consulting service, installed on the server and accessible from www.osservatoriodelvino.it using their personal credentials (Username and Password), for the limited period of time agreed upon at the time of payment.
The quoted attachments, records and documents make up an integral and substantial part of this contract.
2 – DURATION
Access to the “Wine Observatory” databanks is by subscription only. The Client’s access via Username and Password has a duration of one year from the date “UIV” receives payment of the invoice for the subscription purchased by the Client.
The “Free Trial” option allows one-off, free and temporary access to the UIV Observatory’s databanks for a period of 48 hours from the date “UIV” approves the procedure.
3 – FISCAL/PERSONAL DATA CHANGES
The Client must notify UIV immediately of any changes in personal data (address, company name, tax data, email, certified email…) indicated during registration and/or billing, or data relating to the banking institution appointed to carry out payments to UIV, via registered letter or certified email to amministrazione@pec.uiv.it.
4 – CHANGES TO THE WAY SERVICES ARE PROVIDED
UIV reserves the right to change, at any time, the way services described in the contract are provided, giving the client prior written notification by any means, including electronic or telematic.
5 – LIMITATIONS OF RESPONSIBILITY
UIV undertakes to completely and constantly update the “Wine Observatory” databanks. However, the Client declares he is aware of and accepts that it is impossible for UIV to ensure that the content of the “Wine Observatory” databanks are totally complete or to verify that it is correct, in view of the imposing amount of data, the specific nature of the “Wine Observatory” databanks, as well as the different sources and frequent and important changes in regulations that may affect the information collected and made available to the Client.
The data provided by UIV in the “Wine Observatory” databanks should be considered strictly reserved and confidential and therefore destined exclusively to the Client, who accepts complete responsibility for the said data not being divulged (even indirectly), communicated, or made accessible to third parties unrelated to their activity or organization, with the obligation to release UIV from any request for compensation that might be put forward by third parties against them. In any case, UIV will respond exclusively to damage that is directly attributable to them. Regarding the Client, any compensation for damages will not exceed the total corresponding to the price paid for the execution of this contract, it being understood that only damage that takes place during the contractual relationship will be considered.
6 – ACCESS TO THE DATABANKS
The “Wine Observatory” databanks can be consulted online, by connecting to www.osservatoriodelvino.it, and accessing your personal page with your personal Username and Password.
The Username and Password and all codes “UIV” sends to the Client, via email or SMS, are strictly personal. Therefore, it is expressly forbidden for the Client to give third parties all or part of the rights deriving from this contract, or the credentials to access Unione Italiana Vini’s online services.
Unione Italiana Vini has the right to periodically monitor access and, if the Client should use the “Wine Observatory” databanks in a different way to what is prescribed in these general conditions, to suspend all services connected with the “Wine Observatory” databank service.
The licence is for the Client’s personal use and it is not permitted to access the services from more work stations at the same time, unless previously agreed in writing with UIV.
Being an online service, the Client will need the required hardware and software to access the internet and the costs of online connection are down to the Client. UIV cannot be held responsible in any way whatsoever in cases of malfunction of the services, loss of data, accidental disclosure of personal or sensitive data, or any other kind of damage occurring following attacks by security hackers, thieves, hackers, crackers, viruses, etc.
UIV cannot be held responsible for disruption, interruption of services and/or damage due to force majeure, such as accidents, fires, explosions, strikes, lockouts, earthquakes, disasters, floods, riots and other events that are difficult or impossible to foresee that prevent the whole or partial fulfilment of the terms of these general conditions in the times or ways stipulated.
To activate the service, the Client will need to obtain the reserved access credentials (username and password), which will be given when registering at the portal www.osservatoriodelvino.it.
If payment for the databank services is not made, even partially, the Client’s credentials to access the databank may be revoked.
7 – INDUSTRIAL AND INTELLECTUAL PROPERTY
The document archives of the Databank are subject to industrial and intellectual property rights that UIV are entitled to, and are safeguarded by the current laws in force. The Client may use the data exclusively for purposes of a personal nature, and must abstain from any use for commercial aims or in competition with the economic rights of use due to UIV. In particular, the Client is not allowed to reproduce all or part of the data, or to allow access to or disclosure of the data to the public or third parties, as well as services connected to them, for any reason whatsoever. The Client is also not authorized to modify, translate, adapt, re-elaborate or decompile the data contained in the databank described in this contract, or to create applications derived from them.
8 – PERSONAL DATA PROCESSING
UIV informs the Client that any data relative to the Client (acquired during stipulation) is subject to processing (also automated) and is aimed at executing the contract and the fulfilments strictly functional to it. The controller of personal data connected to the Client is Unione Italiana Vini Servizi Soc. Coop., head office in Via San Vittore al Teatro 3, 20123 Milan, tax code 00868400151. The Client can view UIV’s Privacy Policy at www.unioneitalianavini.it.
To request data to be updated or deleted, contact the data processor by email at privacy@uiv.it
9 – EXPRESS TERMINATION CLAUSE AND EXCLUSION OF LIABILITY
The parties will have the right to dissolve this contract in accordance with clause 1456 of the civil code, in cases of breach of contract by the Client, as per clauses 2, 3, 5, 9, 11 of this contract, and by UIV in cases of repeated failure to respect the obligations of consulting online data for a period exceeding 10 consecutive working days. To the extent permitted by clause 1229 of the civil code, i.e. in cases of fraud or gross negligence, UIV shall not be liable for the suspension and/or interruption of access to the databanks linked to and/or dependent on maintenance and updating operations.
No responsibility whatsoever is taken by UIV as regards the completeness, selection criteria, suitability of the data collected in reference to the Client’s needs. UIV does not accept any responsibility (except for cases of fraud or gross negligence) for the use of data or texts deriving from their services. The decisions and/or assessments deriving from the use of services are undertaken by the Client and/or by his assignees in complete autonomy and under their direct and sole responsibility.
10 – LITIGATION
For every and any dispute deriving from the interpretation or execution of this contract, the competent court will be exclusively the court of Milan.