Terms and Condition
Information on company terms and conditions
This document contains the general terms and conditions on the basis of which users are offered the use of the website www.merkury.it which offers services and products for mining, fintech and blockchain.
Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
- Administrator: Francesco Scaperrotta, via Martiti 131/1, C.F. SCPFNC86M15A509F
- Application: the website www.merkury.it
- User: any person who accesses and uses the Application
- Conditions: this contract which governs the relationship between the Owner and Users
Scope of the conditions
The use of the Application implies the acceptance of the conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services. The Conditions can be changed at any time. Any changes will be effective from the time of their publication on the Application. Before using the Application, the User is required to carefully read the conditions and to save or print them for future reference. The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User , where necessary, the relative instructions.
Creative Commons license
The Contents and / or materials available on the Application are made available under the terms of this license "Creative Commons Public License CC BY 4.0 IT" (hereinafter "License"). The Contents and / or materials available on the Application are protected by copyright, by other rights attributed by the law on copyright (related rights, rights on databases, etc.) and / or by other applicable laws. Any use of the contents and / or materials available on the Application that is not authorized under the License and / or other applicable laws is prohibited. The Owner grants the User the rights listed below on condition that he agrees to abide by the terms and conditions of the License. The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, act, transform the Contents and / or materials available on the Application by any means and format, for any purpose, including commercial, provided that the User acknowledges the authorship of the work to the Owner and provides a link to the license and indicates if any changes have been made. The full License can be consulted at this address: https://creativecommons.org/licenses/by/4.0/legalcode.it
Warranty Disclaimer
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of users or that it will not it will never break or it will be error free or it will be virus or bug free. The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
Limitation of Liability
The Owner cannot be held responsible to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers. Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him. The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment. The Owner will not be responsible for: o any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User who they are not a direct consequence of the violation of the contract by the Owner or incorrect or unsuitable use of the Application by Users or third parties In no case can the Owner be held responsible for a sum greater than double the cost paid by the User.
Major force
The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur. The Data Controller will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
Link to third party sites
The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications. Some of these links may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page https://www.merkury.it/en/policy-e-privacy.html
Applicable law and competent court
The Conditions are subject to Italian law. For non-consumer users, for any dispute relating to the Application, execution and interpretation of these Conditions, the court of the place where the Owner is located is competent. For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User. Consumer to appeal to a judge other than that of the "consumer court" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles. 18, 19 and 20 of the civil procedure code. This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
Online dispute resolution for Consumer Users
The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: https://www.ec.europa.eu/consumers/odr/