App Italtherm Net APP
General Conditions of Use of the Service
Italtherm S.p.A., with headquarters in Via Salvo d’Acquisto, s.n.c. - 29010 Pontenure (PC) - Italy, tax code and VAT number 01594830331, in the person of its legal representative pro tempore (hereinafter "Italtherm"), provides the customer (hereinafter "User") a heating control service via a mobile application called "Italtherm Net APP" (hereinafter "App"), to be installed on smartphones with iOS and Android operating systems within the available technical and operational possibilities. These General Terms and Conditions (hereinafter the "Conditions") therefore govern the service supply relations inherent to the aforementioned App to the User. The App offers users the services indicated in the following article 1. By downloading, installing and using the App, the User declares to accept the following Conditions. The App is provided in the current state of technical and technological development; Italtherm is exonerated from any obligation to perform updates or future improvements, which, may be implemented on the decision and at the discretion of Italtherm itself.
1. Object of the service provided through the App
The App offers users the following services: (a) allows the heating service to be interrupted and/or started for a time defined by the User; (b) allows the status of the generator to be checked; (c) displays the ambient and external temperature; (d) allows the boiler anomalies log to be viewed, if present. Italtherm does not provide any guarantee regarding the use of the App. In particular, Italtherm does not guarantee that: (a) the App meets specific User needs; (b) the App is free of malfunctions or errors; (c) the quality of any service obtained by the user through the App meets the User's expectations.
2. Effectiveness, suspension, interruption
The service will be activated following the acceptance of these terms and conditions. Italtherm reserves the right to change, suspend or interrupt the services provided through the App, or part thereof, at any time. The User accepts that Italtherm is not liable to him/her and/or to third parties for the aforementioned changes, suspensions or interruptions.
3. Liability
The User is solely responsible for the use of the App and assumes all the risks associated with improper use, as well as use by minors, inept or however third parties. In any case, when using the App, the User must take into account the indications relating to the product contained in the installation, use and maintenance manual supplied with the same. The User accepts that Italtherm is not liable to him/her for any direct, indirect, incidental, consequential damage caused by or related to the use or non-use of the App by the User and agrees to hold Italtherm harmless from any resulting compensation obligation. In particular, Italtherm cannot be held liable for: (a) the incorrect functioning of the App that may derive from the use by the user of hardware and/or software that does not work properly and/or is not compatible with the App itself; (b) the suspension and/or interruption and/or malfunction of the service provided through the App due to third parties on whom the provision of the same should depend; (c) the behaviour, online and off-line, of any user of the App; (d) "viruses", "worms", "trojans", "horses", "ransomware" or other harmful computer components that may attack and/or be present in the App; (e) theft, interception, cancellation, destruction, improper use of personal data provided by the User without intention and/or fault of Italtherm; (f) any errors present in the App or for the results that the User aims to obtain from the use of the App itself.
4. Intellectual property rights
The User acknowledges and agrees that the App and any service connected thereto may involve the use of proprietary and confidential information, protected by law and by the applicable rules regarding intellectual property. The user agrees not to reproduce, duplicate, copy, sell, negotiate, resell or use the App in whole or in part for commercial purposes. The user undertakes not to carry out, directly or indirectly, one of the following activities: (a) copy, modify, create works deriving from the source code, decode, disassemble or otherwise attempt to discover this code; (b) sell, transfer, sub-licence or otherwise transfer any rights relating to the App, unless such activity is expressly required by law.
5. Protection of data
By installing the App, the User accepts that Italtherm may process the data for the operation of the boiler, for the correct use of the App and its services. The user acknowledges that the use of the App may include the transmission of data relating to the operation of the boiler through electronic communication networks.
6. Jurisdiction and applicable law
Any dispute arising between the parties in respect of, consequent to, in relation to this agreement, its application, interpretation, execution, resolution, etc., shall be referred to the sole jurisdiction of the Court of Piacenza (Italy) notwithstanding any other legal or conventional forum. Only and exclusively in the cases in which the buyer qualifies as consumer pursuant to (It.) Legislative Decree 06.09.2005, no. 206, the court of jurisdiction will be that of the place of residence or domicile of the consumer. For anything not provided for in these general terms and conditions, reference is made to the Italian law which will be the only one applicable.
7. Final provisions
Italtherm reserves the right to make changes to these Terms and Conditions at any time and at its sole discretion, giving notice to the User via notification on the App; the new changes will be considered expressly accepted by the user if he/she continues using the App. If a one or more of the clauses contained in these Terms and Conditions should become wholly or partially void or ineffective the remaining clauses will continue to apply. Should any clause of this agreement be declared invalid, this declaration will not affect the validity of all other clauses contained therein.