My Beretta Community – Terms and Conditions of Use
1.General description of the terms used 2
3.Right of suspension, restriction of access to the Community 2
5.Interruption of Services 3
6.Data Protection 3
7.Beretta's Liability Disclaimer 3
8.Amendments to the Conditions 3
9.Intellectual property 4
10.Force Majeure 4
11.Legal order 4
1. General description of the terms used
This document ("Conditions”), together with the Information Notice pursuant to Article 13 of Regulation (EU) 2016/679 (“Information Notice”), contains the terms and conditions of use of the My Beretta Community Services which can be accessed from the Fabbrica d’Armi Pietro Beretta S.p.A. (“Beretta” or “we”) website https://my.beretta.com/ (“Website”)
The My Beretta Community (“Community”) means the web area that allows Beretta customers and product enthusiasts to access specific exclusive and dedicated services (“Services”). The complete, periodically updated list of the Services and related terms and/or conditions (the special terms and conditions, hereinafter, for sake of brevity, individually and/or collectively the “Terms”) is available at the following link. If users intend to use one or more of the Services, they may also have to accept the Terms. In the event of any discrepancy between the Terms and the Conditions, the Terms shall always prevail.
These Conditions have no established expiry date.
Before Users can use the Services, they need to complete the Community registration process.
In particular, Users are required to accept these Conditions and read the relative Information Notice in order to access the Community. Community registration is also required in order to access the Services.
Community registration is free of charge for all Users.
The username and password (“Credentials”) used to register with and access the Community are personal, they cannot be transferred and must be kept strictly confidential by individual Users.
Users who decide to register with the Community, shall be required to provide accurate information and update the same promptly if any changes occur. Users shall be solely responsible for the security of their Credentials and must not share them with third parties. Users shall immediately inform Beretta if they discover or suspect that someone has had unauthorised access to the Community using their credentials, pursuant to section 4 of the Conditions.
Beretta is entitled to suspend or restrict access to the Community and/or use of the Services for a fixed or indefinite period without prior notice and at its sole discretion, in cases where, for example:
- it ascertains that the information provided by the user during registration is false or incorrect;
- it ascertains fraudulent conduct by the user;
- the user has committed serious and persistent violations of the terms and obligations envisaged by these Conditions;
- it believes that the user's access to the Community may cause damage to Beretta itself or to its digital properties;
- there is good reason to believe that the user's access to the Community may damage our reputation;
- the restriction or suspension of access to the Community envisaged by any law, regulation, court order or other indication by competent authorities;
- technical issues should arise which prevent access to the Community. If this is the case, we shall do our best to resolve the issue as quickly as possible.
Suspension and/or restriction of access to the Community may also restrict the use of the Services, subject to the Terms.
Users can contact the relative support service in the dedicated area of the Community in order to obtain information on the Community and the Services,
Beretta is consistently committed towards improving its Community and ensuring that the Community and its Services are always available and working correctly. However, despite all our efforts, situations may arise where access to the Community and/or the use of one or more Services via the Community may not be available. In such cases, we will do our best to ensure that any disservice is resolved as soon as possible and promptly inform the users.
Users can contact Beretta at the email address provided in article 4.
Beretta shall not be held liable for any disruption of Services and/or access to the Community that occur due to circumstances beyond its control.
Users acknowledge that Beretta is entitled to process personal data in relation to the Conditions and, in general, in order to provide the Services. In this respect, the User hereby declares and guarantees that he/she : (i) has only provided his/her own personal data and that the personal data provided was accurate, up-to-date and relevant at the time of disclosure; (ii) before providing such personal data, has read and understood our Information Notice, which is available at https://www.beretta.com/privacy ; and (iii) if we upload, from time to time, a new and/or updated version of the Information Notice, he/she shall promptly review it in the "My Profile” section of the Community or on the website https://www.beretta.com/privacy.
The Information Notice contains all the information and details concerning the processing methods and purposes as well as any other information regarding the protection and processing of user's personal data. The Information Notice must be read in conjunction with and in relation to the Conditions.
Beretta shall not be liable for damages suffered by Users, except for damages caused by gross negligence, breach of these Conditions, intentional non-performance or fraud, or failure by Beretta to comply with applicable laws or regulatory requirements.
Furthermore, Beretta shall not be held liable for any damages suffered by Users caused by, in whole or in part, an event which could not be prevented by Beretta as it was beyond the control of Beretta, and the effects of which could not reasonably be avoided or foreseen.
Users undertake not to use the Community and the related Services for commercial or business purposes. Beretta shall not be held liable for any loss of profit, loss of business, business interruptions or loss of business opportunities by Users in relation to the use of the Community and the Services.
Users undertake to indemnify and hold Beretta harmless against any claim, action, cost, expense, claim for compensation for damages lodged by a third party in the event of any breach of these Conditions or misuse of the Services by Users.
Beretta shall amend and/or update the Conditions whenever necessary or deemed necessary in relation to business requirements or where it considers the amendment and/or update necessary:
- to ensure the Conditions are more impartial for Users or are easier to understand, or to correct any errors;
- to transpose changes in market practices or market conditions;
- to transpose changes imposed by laws or regulations;
- to transpose changes to service provider agreements.
The above amendments and/or updates shall enter into force immediately. We undertake to inform Users ahead of the date of entry into force.
In situations where amendments and/or updates to the Conditions may have a significant impact on Users (for example, if access to the Community is no longer granted free of charge or if any Services are suspended), we undertake to notify such Users in advance of their entry into force.
Beretta is the owner of the Community, the Website and all the intellectual property rights therein. Intellectual property rights include but are not limited to: copyrights, trademarks, domain names, design rights, database rights, patents, trade secrets, know-how and all other intellectual property rights of any kind, regardless of whether or not they are registered anywhere in the world. In addition, all page headers, custom graphics, button icons etc. are the property of Beretta.
Beretta grants Users a limited, non-exclusive, non-transferable right of use, subject to the terms of these Conditions, which allows Users to access and use the Services and the relative contents, materials, information (collectively, the "Contents") solely for the purposes approved by Beretta each time. All other use of the Contents is expressly prohibited. For this purpose, Users undertake not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of the Contents, create works originating from the Contents, or otherwise exploit any part of the Contents, in whole or in part, without Beretta's prior written approval. All the logos related to the Services or displayed in the Community are trademarks or distinctive signs registered by and the property of Beretta. Users are not permitted to download, reproduce, transmit or modify any of the same without Beretta's prior written approval.
Beretta shall not be held liable for any delay, non-performance or interruption of access to the Community and/or one or more Services when the same are directly or indirectly caused by events or conditions beyond the reasonable control of the former, including, but not limited to, any delay or failure caused by any force majeure event, any act of civil or military authorities, terrorism, civil disorder, war, strike or other employment dispute, fire, interruption of telecommunications or Internet services or network provider services, equipment and/or software failures, other catastrophes or any other event outside the reasonable control of Beretta. The occurrence of the above cases of force majeure shall not affect the validity and enforceability of any other provision of these Conditions.
These Conditions and any dispute or claim relating to or arising therefrom (including any non-contractual disputes or claims, interpretation, performance, validity, effectiveness and termination of the Conditions and, more generally, all disputes on the relative rights available) shall be regulated by and construed in accordance with the laws of Italy.
All disputes or claims shall be the jurisdiction of the Court in the place of residence or domicile of the Users in their capacity as a "consumer" pursuant to Leg. Decree no. 206/2005.