Subject matter, definitions and scope
These terms and conditions (the «Terms») govern access to and use of the website accessible at atlanticanalytics.it and its subdomains (the «Site»), owned by Atlantica Analytics S.r.l., with registered office in Rome, Via Giulio Caccini no. 1, tax code and VAT number IT18282581000, registered with the Companies Register of Rome (the «Atlantica» or the «Company»).
For the purposes of these Terms, unless otherwise specified, the following terms have the meaning set out beside them:
- «User»: any natural or legal person who accesses or uses the Site, on any basis;
- «Content»: all texts, graphic elements, images, logos, trademarks, distinctive signs, photographs, charts, videos, datasets, dashboards, reports, source code, object code, databases, algorithms, graphic schemes, page structures, interfaces, descriptive texts and any other material made available on the Site;
- «Platform»: Atlantica's proprietary software product, commercially named «Atlantica» and part of the «REOS» family of services, made available on a restricted basis to the Company's clients under contracts separate from these Terms;
- «Services»: the functions for consulting the Content, completing the contact and demo-request forms, submitting applications and interacting with the other features made available on the Site.
The Site is exclusively informational and promotional in nature: it is a means of presenting Atlantica's activities and services and does not, in any case, constitute an offer to the public within the meaning of Article 1336 of the Italian Civil Code, nor a solicitation of public savings, nor investment advice, nor legal, tax, financial or real-estate professional assistance or advice.
This is a courtesy English translation; the binding Italian version prevails in the event of any discrepancy.
Acceptance of the Terms
Accessing and using the Site, on any basis, entails the full and unconditional knowledge and acceptance of these Terms, of the Privacy Policy and of the Cookie Policy, which together form the body of rules applicable to the relationship between the User and the Company regarding the use of the Site.
A User who does not intend to accept these Terms, even only in part, is invited not to use the Site or the Services made available therein. Continued browsing after viewing this document constitutes tacit acceptance of the provisions contained in it. These Terms remain effective between the parties for as long as the User uses the Site and continue to govern the legal effects subsequent to the cessation of use to the extent that the nature of the individual clause so requires.
Access to the Site and User requirements
Access to the Site is free of charge. The Company reserves the right to modify, suspend or discontinue, permanently or temporarily, in whole or in part, the availability of the Site or of specific Services, at any time and without any obligation of prior notice, including for reasons of maintenance, security, technological updating or compliance with legal or regulatory obligations. The Company assumes no obligation of service continuity nor any commitment as to specific performance levels, without prejudice to anything otherwise agreed in separate written agreements.
The User declares and warrants, under their sole responsibility, that they: (i) have the capacity to act and to enter into obligations under the legislation applicable to them; (ii) use the Site for lawful purposes and in compliance with the law, public order and public morality; (iii) do not, through their conduct, harm the rights of third parties or of the Company; (iv) provide, where requested, truthful, accurate and complete information.
Intellectual property
All Content is the exclusive property of Atlantica or is used by it under appropriate authorising titles. It is protected by the provisions in force on intellectual and industrial property, including, without limitation: Law no. 633 of 22 April 1941 and subsequent amendments (the «Copyright Law»); Legislative Decree no. 30 of 10 February 2005 (the «Industrial Property Code»); Regulation (EU) 2017/1001 on the European Union trade mark; Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, as transposed by Legislative Decree no. 177 of 8 November 2021.
Any reproduction, duplication, copying, transmission, distribution, assignment, publication, communication to the public, making available, translation, adaptation, processing or any other form of economic or moral exploitation, in whole or in part, of the Content is expressly prohibited, save for the Company's prior written authorisation or where expressly permitted by applicable law within the limits of the permitted free uses.
The trademarks «ATLANTICA», «REOS», «ATLANTICA ANALYTICS», the related logotype and the further distinctive denominations used on the Site are distinctive signs owned by Atlantica or licensed to it; their use in the absence of written authorisation is strictly prohibited and constitutes an infringement of industrial exclusive rights.
The databases that may be accessible or provided through the Site, to the extent that they qualify as databases within the meaning of Article 2(9) of the Copyright Law, are protected pursuant to Articles 64-quinquies and 64-sexies, as well as, as regards the maker's sui generis right, Articles 102-bis and 102-ter of the same law.
Licence to use granted to the User
Within the limits and on the conditions set out in these Terms, Atlantica grants the User a personal, non-exclusive, non-transferable, non-sublicensable, free-of-charge licence, revocable at any time, covering the mere use of the Site and the Content for strictly personal purposes of information and evaluation of Atlantica's Services. No right other than those expressly conferred by these Terms is granted to the User: any right not expressly conferred is reserved to the Company.
In particular, the User is prohibited from: (i) systematically copying, downloading or extracting, in whole or in a substantial part, the Site's Content, in quantitative or qualitative terms, including by means of scraping, crawling or equivalent techniques, except within the limits permitted to general-purpose search engines; (ii) reusing the Content for commercial purposes of their own or of others; (iii) decompiling, reverse engineering, disassembling, translating or otherwise attempting to reconstruct the source code or logical structure of the software components or databases underlying the Site; (iv) circumventing or attempting to circumvent the technical measures adopted to protect the Content; (v) introducing onto the Site, in any form, viruses, malware, harmful code or content liable to impair its operation.
Rules of User conduct
The User undertakes to use the Site and its Services in compliance with applicable laws and regulations, these Terms, the principle of good faith and fairness under Articles 1175 and 1375 of the Civil Code, and in accordance with the purposes for which the Site is made available.
The User is expressly prohibited, by way of example and not exhaustively, from:
- using the Site for unlawful or fraudulent purposes, including activities of defamation, insult, incitement to hatred, discrimination, infringement of the privacy of others, disclosure of confidential information of third parties, infringement of intellectual or industrial property rights;
- engaging in conduct liable to compromise the availability, integrity or security of the Site or of the underlying infrastructure, including attempts at unauthorised access, denial of service attacks, code injection, phishing activities;
- assuming fictitious or altered identities, or providing the Company with untruthful information or information belonging to third parties without their consent;
- using automated devices, scripts, bots, crawlers or other automated tools aimed at interacting with the Site, except within the limits permitted by the robots.txt and in any case for lawful indexing purposes;
- infringing any provision of law, regulation or applicable measure of the authorities.
Any conduct contrary to the foregoing entitles the Company to suspend access to the Site, to remove content uploaded by the User, and to take any action to protect its own rights and those of third parties, including reporting to the competent authorities.
Contact forms, demos, applications
The Site makes available to the User forms for requesting information, demonstrations of the Platform, commercial contact and for submitting applications in relation to the positions open at the Company. Completing such forms entails the provision by the User of personal data, the processing of which is governed by the Privacy Policy.
The User must provide only truthful, accurate and up-to-date data, and warrants that they are entitled to provide it, including with reference to any third-party data entered (such as the names of colleagues or contacts). The Company reserves the right, at its sole discretion, not to act upon requests that, due to their content or to the requesting party, are unsuited to the purposes of the Services, or contrary to the law or to the company's decorum.
The mere submission of a request for information or for a demo does not constitute the conclusion of a contract and does not bind the Company to any performance: any contractual relationship between the parties may arise exclusively following the execution of separate agreements drawn up in writing.
Hyperlinks to third-party sites
The Site may contain hyperlinks (links) to third-party websites or resources, provided solely for the User's convenience. The presence of such links does not entail any acknowledgement, endorsement, verification or assumption of responsibility by the Company with reference to the content, services, data-processing practices or policies of the third-party sites, which are governed by their respective terms of use and notices.
The Company disclaims all liability for damage of any nature whatsoever that the User may incur from accessing or using third-party sites reached through links published on the Site. The User is invited to carefully read the terms of use and privacy notices of the third-party sites before using them.
Informational nature of the content and absence of advice
The Content published on the Site, including data, charts, statistics, analyses, comments, estimates, projections, benchmarks, use cases and further materials of an informational nature, is provided for explanatory and presentational purposes only. It does not constitute, nor is it intended to constitute, in any case, professional advice in real-estate, financial, legal, tax or other matters, nor an investment recommendation within the meaning of Regulation (EU) no. 596/2014 («MAR»), nor research within the meaning of Directive 2014/65/EU («MiFID II») and its delegated acts, nor an offer to the public of financial instruments or investment services.
The Company does not guarantee, save within the limits expressly provided for by applicable law, the accuracy, completeness, timeliness or fitness for a particular purpose of the Content. The information published may contain estimates, forecasts or forward-looking statements which, by their nature, are subject to risks and uncertainties: actual results may differ, even significantly, from those described or suggested. Any operational, investment or commercial decision taken by the User on the basis of the Content is the User's sole responsibility; the User is recommended to consult qualified, independent professionals before taking decisions based on the Content.
Limitation of liability
Subject to the limits mandatorily provided for by applicable law and, in any case, without prejudice to Article 1229 of the Civil Code regarding the invalidity of agreements excluding or limiting liability for wilful misconduct or gross negligence, the Company shall not be liable to the User, whether in contract, tort, by social contact or on any other basis, for:
- indirect, consequential, incidental, special or punitive damages, including, by way of example, loss of profits, goodwill, business opportunities, anticipated savings, data, image or reputation, or business interruption;
- defects or discontinuities of the Site resulting from events of force majeure, fortuitous events, acts of third parties, cyber-attacks or other circumstances not attributable to the Company;
- damage arising from the improper, unauthorised use of the Site or the Content, or use not compliant with these Terms;
- third-party content, products or services accessible through hyperlinks published on the Site;
- failure of the Internet network or of the IT systems of the User or of third parties.
In any case, where, by effect of mandatory rules, the Company should be held liable in relation to the Site, its aggregate liability, on any basis and over a period of twelve months, may not exceed the amount of Euro 500.00 (five hundred/00), without prejudice to mandatory legal limits where more favourable to the User.
Indemnification
The User undertakes to hold harmless and indemnify the Company, its directors, statutory auditors, employees, collaborators, consultants and affiliates from any claim, demand, action, dispute, damage, loss or expense (including reasonably incurred legal costs) that may arise, directly or indirectly, from the User's breach of these Terms, of applicable law, of the rights of third parties, or from the User's conduct carried out in connection with the use of the Site.
Force majeure
The Company shall not be liable for the non-performance or delayed performance of obligations arising from these Terms where such non-performance or delay is attributable to causes of force majeure or fortuitous events, including, by way of example: exceptional natural events, epidemics or pandemics, states of emergency declared by the authorities, acts of government or public authority (including measures of a health or movement-restricting nature), armed conflicts, riots, terrorism, state-sponsored cyber-attacks, general strikes, interruptions of electricity-supply or connectivity services, failures of communication networks not attributable to the Company. In such cases, the Company's performance shall be deemed suspended for the duration of the event, save for termination by mutual consent.
Changes to the Terms
The Company reserves the right to modify these Terms at any time, in order to reflect regulatory changes, developments of the Site, new market practices or indications of the competent authorities. The changes will take effect from their publication on the Site, on the page designated for that purpose. Continued use of the Site after publication of the changes will constitute acceptance of them. The User is invited to consult these Terms periodically in order to check for any supervening updates.
Duration, suspension and termination
These Terms apply from the moment the User accesses the Site and until the cessation of its use. The Company may suspend or prevent, temporarily or permanently, access to the Site in respect of those Users who have breached these Terms or who have engaged in abusive conduct, without prejudice to the right to compensation for the damage suffered.
The provisions of these Terms which, by their nature, are intended to produce effects beyond the cessation of use of the Site — by way of example, those on intellectual property, limitation of liability, indemnification, governing law and jurisdiction — will continue to be effective even after the cessation of the relationship.
Communications between the parties
Unless otherwise indicated, any communication between the Company and the User relating to these Terms must be made in writing and sent: (i) by the User, to the Company's email address accounts@atlanticanalytics.it or to the postal address of the registered office; (ii) by the Company, to the email address communicated by the User when completing the Site's forms or by publication on the Site, where relevant. The communication is deemed received on the date of its actual delivery or, in the case of dispatch by email, on the date on which the delivery receipt is generated.
Prohibition of assignment
The User may not assign, on any basis, in whole or in part, the rights and obligations arising from these Terms without the prior written consent of the Company. The Company may, conversely, assign or transfer its rights and obligations arising from these Terms to third parties, including by way of transfer of a business or business unit or extraordinary transactions, giving the User prior notice through publication on the Site.
Partial invalidity and contractual integration
The nullity, invalidity or ineffectiveness of one or more provisions of these Terms shall not entail the nullity, invalidity or ineffectiveness of the remaining provisions, which shall retain full validity and effectiveness. In such cases, the invalid provision shall be replaced, including pursuant to Article 1419, second paragraph, of the Civil Code, by the applicable legal provision closest, in content and effect, to the invalid one, capable of pursuing the balance of interests intended by the parties.
For anything not expressly governed by these Terms, reference is made, insofar as applicable, to the rules of the Italian Civil Code, the Consumer Code (Legislative Decree no. 206 of 6 September 2005), the e-commerce decree (Legislative Decree no. 70 of 9 April 2003), as well as to the further applicable provisions of law and regulation.
Governing law and jurisdiction
These Terms are governed by Italian law, to the exclusion of the rules of private international law that may refer to the application of another law.
For any dispute arising from the application, interpretation, performance or termination of these Terms that cannot be resolved amicably, the Court of Rome shall have exclusive jurisdiction. Where the User qualifies as a consumer within the meaning of the Consumer Code, the mandatory provisions protecting the consumer remain applicable, including the jurisdiction of the court of the consumer's residence or elected domicile.
Alternative dispute resolution
Pursuant to Article 141-sexies, paragraph 3, of the Consumer Code, the User is informed that, in the event of a complaint that remains unanswered or has an unsatisfactory outcome, a consumer resident in a Member State of the European Union may activate the alternative dispute resolution (Alternative Dispute Resolution) procedures referred to in Title II-bis of the same Code, and, for disputes arising from contracts concluded online, may have recourse to the European online dispute resolution platform (ODR Platform) established pursuant to Regulation (EU) no. 524/2013, accessible at the link ec.europa.eu/consumers/odr. Recourse to such procedures is optional and does not prejudice the possibility of bringing proceedings before the competent judicial authority.
Clauses approved under Articles 1341 and 1342 of the Civil Code
The User, pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, declares that they have read, understood and specifically approved the clauses set out in the following paragraphs of these Terms: paragraph no. 03 (Access to the Site and User requirements — absence of continuity obligations and right to modify); paragraph no. 05 (Licence to use granted to the User — prohibitions and limits); paragraph no. 06 (Rules of conduct); paragraph no. 08 (Exclusion of liability for links to third-party sites); paragraph no. 09 (Absence of advice); paragraph no. 10 (Limitation of liability); paragraph no. 11 (Indemnification); paragraph no. 13 (Unilateral changes to the Terms); paragraph no. 14 (Suspension and termination); paragraph no. 16 (Prohibition of assignment for the User and right of assignment for the Company); paragraph no. 18 (Governing law and jurisdiction).
