1. OBJECT OF THE CONTRACT
1.1. The Contract governs the rights and obligations of the Parties in connection with Marmomac Plus and, especially, the procedures for use of the related services by the User.
2. DEFINITIONS
The terms listed below, when used with a capital letter in the text, shall have the following meanings. It is understood that the terms in the singular include the plural and vice versa.
“Subscriber” means the natural or legal person who – as the subject who carries on his own business, entrepreneurial, commercial, craft, professional or institutional activity in the Stone sector – has subscribed to Marmomac Plus and makes use of the services reserved to him (e.g. create his own Brandroom, foster his own products and events, etc.), as governed by the relevant general contract terms.
“Account” means the reserved area of the User (“My Area”), where the latter manages the registration to Marmomac Plus and makes use of several services (e.g. consult the contact directory, the events to which he is registered, visualize the “favorites”, etc.).
“Business Card” means the business card automatically generated at the time of registration of the User and containing the identification data provided by him.
“Brandroom” means the page dedicated to the Subscriber’s company profile – including the virtual catalogue of his products, the calendar of his events as well as any other material uploaded by him (data, information, distinctive marks, etc.) – published on Marmomac Plus and therefore visible to Users.
“Contract” means these general contract terms.
“Veronafiere Policy Privacy” means the document including the information required by article 13 of (EU) Regulation 2016/679 (“ GDPR”) that Veronafiere provides as Data Controller upon registration to Marmomac Plus under article 3.
“Chat Manager” means a Team Staff to whom the Subscriber has entrusted management of his chats.
“Parties” means Veronafiere and the User jointly.
“Team Staff” means the User registered to Marmomac Plus as part of the Subscriber’s corporate team.
“User” means the subject, registered or not, who uses Marmomac Plus, in the exercise of his / her business, entrepreneurial, commercial, craft, professional, institutional activity in the stone production sector.
“Marmomac Plus” means the online portal accessible in the www.marmomacplus.com website (as well as on mobile app), that allows Users to make use of the services under article 6.
“Veronafiere” means Veronafiere S.p.A., Tax Code and VAT No. 00233750231, Administrative Economic Register No. VR – 74722, with registered office in Viale del Lavoro No. 8, 37135 - Verona, tel. 045 8298111, email address info@veronafiere.it, certified email mail@pec.veronafiere.it, which has implemented and made Marmomac Plus available.
3. CONDITIONS OF ACCESS AND REGISTRATION PROCEDURES TO MARMOMAC PLUS
3.1. The User:
- declares to be of age;
- warrants the truthfulness and correctness of data entered upon registration and undertakes to keep it updated.
3.2. For registration to Marmomac Plus, the User must previously register to the so-called Veronafiere “online services” and create his own credentials, i.e. email address and password (“Credentials ”), with which he can have access to all portals of Veronafiere both on web and on app, including Marmomac Plus, as governed by the relevant general contract terms. Once done, the User, after logging in with the Credentials:
a) must, after having taken note of the Veronafiere Privacy Policy, input the required data;
b) must accept the Contract and related unfair clauses;
c) may give his consent to the processing of his personal data for marketing purposes and/or for data communication to third parties, as better specified in the Veronafiere Privacy Policy.
3.3.1 The User must be a "professional" in the sector, i.e. carry on his / her working, entrepreneurial, commercial, artisanal, professional, institutional activity in the stone production sector.
4. TERMINATION AND TERM OF THE CONTRACT – WITHDRAWAL RIGHT
4.1. The Contract is finalized when the User starts to use Marmomac Plus and, at any rate, when he accepts it upon registration pursuant to article 3.1, letter c).
4.2. The Contract lasts for an indefinite term.
4.3. The User is entitled to withdraw from the Contract at any time, getting in touch with Veronafiere at the email address customercare@marmomac.com, which shall delete the Account.
4.4. It is understood that Veronafiere may decide at any time to close Marmomac Plus and withdraw from the Contract, giving a prior notice to the Users at the email address provided and/or on the Veronafiere and/ or Marmomac website.
5. USE OF CREDENTIALS AND ACCESS TO MARMOMAC PLUS
5.1. No user can activate more than one point of use on Marmomac Plus, which the Credentials refer to.
5.2. The Credentials refer to the User who cannot transfer them to third parties. The User is required to take care of them with the utmost diligence and to keep them confidential in order to prevent their being used by unauthorized third parties.
5.3. The User is liable to choose a not easily identifiable password and change it from time to time. The User acknowledges that Veronafiere reserves the right to ask to change the password if it deems it necessary for security reasons.
5.4. The User, in case of loss of the Credentials, may retrieve them by following the procedures specified in the relevant page inside the Account.
5.5. The User shall be responsible for any use of the Credentials and of Marmomac Plus, even when performed by unauthorized subjects, as well as for any harm caused to Veronafiere and/or to third parties as a result of failure to comply with the above, undertaking as of now to indemnify and hold Veronafiere harmless from any and all claims, even for compensation for damages arising, either directly or indirectly, from the above-mentioned use or abuse.
6. SERVICES PROVIDED BY VERONAFIERE
6.1. Users, even not registered, can surf on Marmomac Plus and consult the partial data of Brandrooms, the product sheets and the Subscribers’ events in addition to the information/advertising contents published therein by Veronafiere. The User acknowledges that the Brandrooms and product sheets that are generally most visited (“the most popular”) are given greater visibility, without prejudice to the provisions of article 6.5, as well as get in touch with Subscribers by filling out the "Contact" form (in which a specific privacy policy is made available).
6.2. The registered User, in addition to enjoying the services specified in the preceding paragraph, benefits, both on app and on web, from an automatic “suggestions” system – based on an algorithm and on tracking tools – that shows him the Brandrooms/products/events of the Subscribers most in line with his profile (created both with data provided by the User during registration and with data deduced from his online behavior, e.g. Brandrooms visited), in compliance with the provisions in the Veronafiere Privacy Policy. Moreover, the User can consult, both on app and on web, the catalogue of Brandrooms and product sheets, making search and adding that of interest among the “favorites” and can take advantage of the “Memo” function (that allows to take notes on app and view these writings both on app and on web).
6.3. The registered User, in addition to enjoying the services specified in the preceding paragraphs, may:
a) apply filters to the above-mentioned search both on web and on app;
b) contact the Subscribers,
i. by chat, in case the chat has been activated by the Subscriber, through relevant request that may or may not be accepted by the Chat Manager of the selected Subscriber. It is understood that only the User can ask the Subscriber of his interest a contact and not vice versa;
ii. by exchanging the Business Card (i) with the Chat Manager, upon acceptance by the latter of the request of chat and/or (ii) with the Team Staff, through relevant app function, on the spot during the physical events. The collected Business Cards can be consulted in the section “My contacts” in the Account;
c) use, through app, the indoor navigation function (with geotracking function) during the Veronafiere trade fairs, that allows him to view his own position on the map of the exhibition center and find his way between stands and foreseen events;
d) consult the section dedicated to the Stone world events performed by Veronafiere or by its partners where it is possible to register to them (e.g. purchase a tasting during the trade fair, book a place for an event at the exhibition center, etc.), according to relevant contractual terms.
6.4. The User, through the email address customercare@marmomac.com, can contact Veronafiere, which, in any case, shall not undertake any commitments regarding availability and quickness in replying requests for technical support from the User.
6.5. The User acknowledges that he can view on Marmomac Plus the information and/or promotional contents published against a consideration, such as the Subscribers’ Brandrooms or third parties’ advertisements.
6.6. It is understood that Veronafiere could add other services/functions to Marmomac Plus, some of which can be purchased for a consideration by the User, governed by other ad hoc contractual terms.
7. REPORT AND USER DATA SHARING
7.1. The User acknowledges that Veronafiere provides the Subscribers with anonymous aggregated information on Users who have visualized their Brandrooms and product sheets, such as the number of visualizations of the Brandroom, the average period of stay, the most viewed product sheets, the segmentation of Users by country, language, profile (professional or enthusiast), specific area of business (if provided by the User).
7.2. The User also acknowledges that:
- where he puts forward a request for contact or exchanges the Business Card, pursuant to article 6.3 letter b), his data shall be viewed by the Subscriber and by his Chat Manager/Team Staff;
- where there is a Team Staff or a Chat Manager, the Subscriber may view in his reserved area the activities carried out by the Team Staff/Chat Manager (i.e. the volume of exchanges compared to other Team Staffs and number of opened chats, closed chats, waiting chats, average chat duration).
8.1. The User undertakes to comply with the provisions of the Contract and with all applicable laws and regulations, therefore refraining from any illegal conduct or which is in any case prejudicial to Veronafiere, assuming all consequent liability.
8.2. The User is prohibited from:
a) uploading in the chat any type of indecent, vulgar, fraudulent, defamatory, slanderous, threatening, discriminatory, false, misleading, pornographic, child pornography, or otherwise reprehensible material, covered by confidentiality and in any case not compliant with the principles of public order, public morality and morals or which can in any case be prejudicial to the rights of Veronafiere and/or of Subscribers and/or of other Users and/or of third parties, including their intellectual and industrial property rights;
b) abusing chats (e.g. promoting chain letters or correspondence ponzi schemes, sending any type of unsolicited promotional material, in particular, if concerning a sector other than the Stone sector, putting in place any other form of unrequested solicitations, etc.);
c) behaving in such a way to jeopardize the security of Marmomac Plus systems and/or third-party apparatus, such as spreading viruses, Trojan horses, logic bombs, worms, dangerous components or aiming at changing, transforming, creating derivative works or going back to the source code of Marmomac Plus and of the related components;
d) infringing the right to protection of personal data of Users, Subscribers or third parties by, for example, disclosing their personal data sine titulo;
e) maintaining non-competitive conducts to the detriment of Subscribers, other Users and/or third parties;
f) promoting, in any form, trade fairs, digital platforms, initiatives of various kind that are in competition with those of Veronafiere.
8.3. Any activity of data mining (e.g. scraping) or use of similar automatic data extraction procedures for removing the contents of Marmomac Plus is also forbidden without prior authorization in writing of Veronafiere, without prejudice to automatic action of the “spiders” of generalist search engines (e.g. Google). The User, even without use of automatic data extraction procedures, cannot create and publish his own database that reproduces the contents of Marmomac Plus without prior authorization in writing of Veronafiere.
8.4. The User undertakes to promptly inform Veronafiere if:
- he becomes aware of an unauthorized access to Marmomac Plus and/or detects irregularities in its systems;
- personal/professional information provided during registration has changed and/or the conditions under article 3.3 are no longer complied with.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
9.1. The User acknowledges and accepts that:
a) all the intellectual and industrial property rights related to Marmomac Plus and to the contents, logos, brands and any other distinctive mark of Veronafiere published therein are the property of the latter;
b) it is forbidden to reproduce and/or reuse, as a whole or in part, in any form whatsoever, Marmomac Plus and the material as per preceding letter a), without explicit consent in writing from Veronafiere;
c) failure by Veronafiere to exercise its right to act or any form of forbearance thereof related to any behaviors contrary to this article as well as in contrast to the law on the intellectual and industrial property does not mean waiver to act to safeguard the position of Veronafiere.
10. USER’S LIABILITY, LIMITATIONS TO THE LIABILITY OF VERONAFIERE AND SUBSCRIBERS’ SOLE LIABILITIES
10.1. The User assumes all liability for infringement of the provisions envisaged by the Contract with special regard to articles 8 and 9 and/or by the law, with explicit indemnity towards Veronafiere or the owners of the rights in case of any claims brought by third parties (including, in particular, Users and other Subscribers) connected to the above-mentioned infringement.
10.2. It remains understood that in the event under the preceding paragraph Veronafiere may take, at its own discretion and without having to give prior notice, any action it holds necessary to safeguard its own interests, including blocking accesses to Marmomac Plus as well as removal of the contents held to be unlawful or harmful to its own image or interests and/or those of third parties, unsuitable to Users or because it has received a protest from third parties it holds to be well-grounded, giving immediate notice thereof to the User. This is without prejudice to the right to terminate the Contract as envisaged by article 15 and/or to request compensation for damages suffered (if any).
10.3. Notwithstanding the above, the Users assume any liability for the contents uploaded on Marmomac Plus, acknowledging that Veronafiere acts as provider of virtual spaces of Marmomac Plus (“hosting provider”) and, therefore, is not liable to previously check these contents as not being subject to any general obligation of surveillance.
10.4. The User acknowledges and accepts that the product / event information in the related sheets and Brandrooms, or that transmitted by chat is directly uploaded by the Subscriber who has assumed the consequent liabilities and that, therefore, in case of problems and/or need of further information, he must contact directly the Subscriber.
11. AVAILABILITY OF MARMOMAC PLUS
11.1. The User acknowledges that Marmomac Plus, without prejudice to what is mandatorily envisaged by the law, is provided by Veronafiere and accepted by the User in the state in which it is (“as it is” and “as available”).
11.2. The User acknowledges and accepts that use of Marmomac Plus and therefore enjoyment of the related services may be suspended or interrupted, as a whole or in part, for causes that are beyond any control by Veronafiere – such as, by way of example and not being limited to, slow-downs, congestion and/or overload of the system, its access network to the Internet, the telephone lines and the calculators which manage the computer traffic; tampering with or unlawful interventions by third parties on Marmomac Plus, malfunctioning/erroneous configurations of the connection equipment used or by tampering with or interventions on this equipment performed by the latter or by third parties; erroneous use of Marmomac Plus by the User; exceptional events, force majeure or accidental circumstances – without this involving any liability for Veronafiere nor that anything be due to the User for any reason whatsoever.
11.3. The User acknowledges that the services may be suspended – giving prior notice to the User – in order to provide corrective maintenance works aimed at solving breakdowns, flows, defects, malfunctions, to one or more of the infrastructure elements or to correct Marmomac Plus errors (e.g. bugs), as well as those of development maintenance procedures aimed at improving the operation and usability of the system, adding new functions and characteristics, adjusting them to developments in regulations and in the reference context (updates) as well as in case of emergencies or threats related to security.
11.4. Notwithstanding the above Veronafiere shall in any case restore the efficiency of Marmomac Plus in the shortest possible amount of time in order to reduce the risk of inconveniences of any kind to a minimum.
12. GOVERNING LAW AND COURT OF JURISDICTION
12.1 For the presentation of specific requests, including any complaints, the User can contact Veronafiere at the contact points referred to in art. 2, or write to the e-mail address customercare@veronafiere.it; Veronafiere will
pay attention to such communications, attempting to resolve the problems indicated therein in an appropriate way.
12.2. The Contract is governed by and must be construed pursuant to Italian law.
12.3. Any and all disputes connected with the interpretation, execution, application and / or termination of the Contract or relating to Marmomac Plus and the use of its services / features are subject to the exclusive jurisdiction of the Court of Verona, it being understood that Veronafiere and the Subscriber will do their best to good-naturedly resolve any dispute that may have arisen, without prejudice to specific provisions of the law (such as those regarding the out-of-court settlement of disputes), where applicable.
13 PRIVACY
13.1 The personal data relating to the User shall be processed by Veronafiere as Data Controller in accordance with current laws on the protection of personal data, including (EU) Regulation 2016/679 and legislative decree 196/2003 as well as in accordance with the Veronafiere Privacy Policy which the User undertakes to view. The User acknowledges that, as specified in this privacy policy, he shall be subject to automated profiling procedure for the purpose of providing the “suggestions” service under article 6.2.
13.2 Moreover, when the User uses the app, his personal data shall be subject to further processing (access to the data of the device being used, geotracking, etc.), as better specified in the related privacy policy in accordance with article 13 of (EU) Regulation 2016/679 made available on the app and in the Account.
14. EXPRESS TERMINATION CLAUSE
14.1 Veronafiere reserves the right to terminate the Contract pursuant to article 1456 of the Civil Code by giving simple notification by email to the User whenever the latter defaults on even any one of the obligations envisaged in articles 3.1, 3.3., 5.2, 5.3, 8 and 9.
15 AMENDMENT TO THE CONTRACT
15.1 Veronafiere reserves the right to amend the Contract at any time, notifying it adequately to the Users.
16 AVAILABILITY OF THE CONTRACT AND THE VERONAFIERE PRIVACY POLICY
16.1 The Contract, just like the Veronafiere Privacy Policy, in addition to being made available at the time of registration under article 3, can always be downloaded and consulted, in a PDF format, in the Account as well as in the footer of the Marmomac Plus website.
16.2 An English-language version both of the Contract and the Veronafiere Privacy Policy is also available.