This Website is provided by:

FLYGROOVE by Michele Pezzato
Via Dell'Artigianato, 48 30024
Musile di Piave (VE) Italy
Vat / Tax ID 03815930270
Web: https://www.flygroove.it/
Phone: +39 338 7600203

Owner’s email address: ordini.groove@gmail.com

At a Glance

• Please note that certain provisions of these Terms may apply only to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly stated in the relevant clauses. If not mentioned, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section apply generally.

Additional conditions of use or access applicable in specific situations are expressly indicated in this document.

By using this Website, the User confirms to meet the following requirements:

• There are no restrictions related to whether Users are Consumers or Business Users;

Content on this Website

Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third-party rights. However, this result may not always be achievable.
In such cases, without prejudice to any legally exercisable rights and claims, Users are kindly asked to address related complaints to the contact details provided in this document.

Rights regarding content on this Website

The Owner holds and expressly reserves all intellectual property rights on such content.

Users are not allowed to use the content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits provided below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/disposing to third parties, or creating derivative works from the content available on this Website, nor may they allow any third party to do so through their User account or device, even without their knowledge.

Where expressly stated on this Website, the User may download, copy and/or share certain content available on this Website for personal and non-commercial purposes only, provided that proper credit is given to the author and any other relevant conditions specified by the Owner are met.

Any limitations or exceptions provided by copyright law remain unaffected.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The terms applicable to any resources provided by third parties, including those applicable to any grant of rights in content, are determined by those third parties and governed by their respective terms and conditions or, in their absence, by applicable law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, under these Terms and applicable law.

It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate any law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including denying the User access to this Website or the Service, terminating contracts, and reporting any misconduct carried out through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever the User engages or is suspected of engaging in:

• violations of laws, regulations and/or these Terms;
• infringement of third-party rights;
• acts that may significantly harm the legitimate interests of the Owner;
• offenses against the Owner or a third party.

Limitation of liability and indemnification

Unless otherwise stated or agreed with Users, the Owner’s liability for damages related to the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnity

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the brand, partners, and employees to the extent permitted by law from any claims or demands – including, without limitation, legal costs and expenses – made by any third party due to or in connection with violations of these Terms, third-party rights or laws committed in connection with the use of the Service and attributable to the User or its affiliates, officers, agents, co-owners of the brand, partners, and employees, due to fault.

The foregoing also applies to any claim brought by third parties (including, without limitation, the Owner’s customers) against the Owner in relation to the Digital Products provided by the User, such as, for example, claims regarding conformity.

Limitation of liability for User activities on this Website

Unless otherwise specified and without prejudice to applicable legal provisions, any compensation claims against the Owner (or any natural or legal person acting on its behalf) are excluded.

The foregoing does not limit the Owner’s liability for death, personal injury or harm to mental or physical integrity, damages resulting from the breach of essential contractual obligations – such as obligations strictly necessary for the achievement of the purpose of the contract – and/or damages caused intentionally or by gross negligence, provided that the use of this Website by the User has been appropriate and proper.

Unless damages were caused intentionally or by gross negligence, or affect life and/or personal, physical, or mental integrity, the Owner is liable only to the extent of the typical and foreseeable damage at the time of the conclusion of the contract.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation and which constitutes a right that cannot be excluded, restricted, or modified in any way (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to a new provision of the services or the payment of the cost of re-supplying them.

US Users

Disclaimer of Warranties

The Owner provides this Website “as is” and “as available”. Use of the Service is at the User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, covenants, and warranties of any kind – whether express, implied, statutory or otherwise – including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and the User shall be solely responsible for any damage to the User’s computer system or mobile device or loss of data that results from such download or the User’s use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service. The Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or may not function properly with the User’s browser, device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the content, operation, or use of the Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The limitations and exclusions set forth in this Agreement shall apply to the maximum extent permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances shall the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the brand, partners, suppliers, and employees be held liable for

• any indirect, intentional, incidental, special, consequential, or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or related to the use of, or inability to use, the Service; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or the User account or the information contained therein;
• any errors, omissions, or inaccuracies in any content;
• personal injury or property damage of any nature whatsoever resulting from User access to or use of the Service;
• any unauthorized access to the Owner’s secure servers and/or any personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojans, or the like that may be transmitted to or through the Service;
• any error or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. Under no circumstances shall the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the brand, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding what the User has paid to the Owner in the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability provided in these Terms shall not apply beyond the limits permitted by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-owners of the brand, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including without limitation, legal fees and expenses arising from

• the User’s use of and access to the Service, including any data or content transmitted or received by the User;
• the User’s violation of these Terms, including but not limited to any breach by the User of any representation or warranty set forth in these Terms;
• the User’s violation of any third-party right, including without limitation any right related to privacy or intellectual property;
• the User’s violation of any applicable law, rule, or regulation;
• any content submitted from the User’s account, including but not limited to misleading, false, or inaccurate information, including in the case of access by third parties using the User’s personal username and password or other security measures, if any;
• the User’s willful misconduct; or
• the violation of any legal provision by the User or its affiliates, officers, agents, co-owners of the brand, partners, suppliers, and employees, to the extent permitted by applicable law

General Provisions

No Waiver

The failure by the Owner to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, providing appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or cease operating the Service entirely. In case of termination of the Service, the Owner will work to allow Users to extract their Personal Data and information and will respect the Users’ rights regarding continued use of the product and/or compensation, in accordance with legal provisions.

Furthermore, the Service may be unavailable for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructure failures, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Website or the Service in whole or in part without the Owner’s prior written consent, either directly or through a legitimate resale program.

Privacy Policy

Information regarding the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual Property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights—such as copyrights, trademarks, patents, and designs—related to this Website are exclusively owned by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

All trademarks—whether word or figurative marks—and any other distinctive signs, trade names, service marks, illustrations, images, or logos appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In such case, the Owner will appropriately inform Users of the changes.

Changes will take effect in the relationship with the User only from the time communicated to the User.

Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service and may withdraw from the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. That version can be requested from the Owner.

If required by law, the Owner will inform Users in advance of the date on which the modified Terms will take effect.

Assignment of Contract

The Owner reserves the right to assign, transfer, dispose of, novate or subcontract any or all rights and obligations under these Terms, having due regard to the legitimate interests of Users.

The provisions regarding amendments to these Terms apply accordingly.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Website must be sent to the contact details provided in this document.

Severability

Should any provision of these Terms be or become void or unenforceable under applicable law, the invalidity or unenforceability of that provision shall not affect the validity of the remaining provisions, which shall therefore remain valid and effective.

European Users

Should any provision of these Terms be or become void, invalid, or unenforceable, the parties shall endeavor to find, amicably, a valid and effective provision to replace the void, invalid, or unenforceable one.
In the absence of such an agreement, if permitted or required by applicable law, the void, invalid, or unenforceable provision shall be replaced by the applicable legal provision.

Notwithstanding the foregoing, the nullity, invalidity, or unenforceability of a specific provision of these Terms shall not nullify the entire Agreement, unless the invalid, void, or unenforceable provisions are essential or of such importance that the parties would not have entered into the Agreement had they known the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

U.S. Users

Any invalid or unenforceable provision shall be interpreted and adapted to the extent necessary to make it valid, enforceable, and consistent with its original intent.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter governed and supersede any other communications, including prior agreements, between the parties regarding the same subject matter.
These Terms shall be enforced to the fullest extent permitted by law.

Governing Law

The Terms are governed by the law of the place where the Owner is established, as specified in the relevant section of this document, regardless of conflict of laws rules.

Prevalence of National Law

However, regardless of the above, if the law of the country where the User is located provides a higher level of consumer protection, that higher level shall prevail.

Exception for Consumers in Switzerland

If the User acts as a Consumer in Switzerland, Swiss law shall apply.

Exception for Consumers in Brazil

If the User qualifies as a Brazilian Consumer and the product and/or service is marketed in Brazil, Brazilian law shall apply.

Jurisdiction

The exclusive jurisdiction to settle any dispute arising out of or in connection with the Terms lies with the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to Users who act as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway, or Iceland.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil who qualify as Consumers.