ENGLISH TRANSLATION OF TERMS & CONDITIONS FROM ITALIAN
These Terms and Conditions of Use and Sale (the “Terms”) are an English translation of a document prepared in Italian. In this translation, Italian legal concepts are expressed in English terms and not in their original Italian terms. The concepts concerned may not be identical to concepts described by the English terms as such terms may be understood under the laws of other jurisdictions. In the case of inconsistencies between the Italian and translated version of the Terms, the Italian version will control and supersede any ambiguities associated with any part or section of the document that has been issued in English. No guarantee is provided to the accuracy of the translation.
Terms and Conditions
DIAWONDS ® INVITE YOU TO CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND OF SALE (THE “Terms”) WHICH CONSITUTE A BINDING AGREEMENT BETWEEN YOU ANDDIAWONDS ®.
By choosing to access the web address opinioni.consulenteindipedente.com (the “Service”), you indicate that you have read and agree to comply with all of these Terms.
2. RESIDENCE AND AGE REQUIREMENTS
The Service is directed to individuals 18 years or over residing in jurisdictions in which provision of the Service's content is legal. DIAWONDS makes no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with all and any applicable regulations, laws, rules, circulars, codes and guidelines established by their local and/or regional regulatory authorities, if and to the extent applicable.
The provision of contents through the Service is, as a rule, automatically managed by an information technology platform. The user who wants to register to the Service or to subscribe to any of its content by means of personal authentication, warrants to be aged 18 or over and to possess over mentioned residence requirements and that provided personal data (included e-mail address and tax code/VAT number) are fair, true, up-to date, referred to the person who type them or typed with the consent of the third person, assuming any responsibility in respect of fairness and truthfulness of provided information.
It’s the user’s responsibility and duty of care to inform DIAWONDS ® without any delay should any change occur in the information provided. In any case whatsoever, those who are in charge of parental authority over minors (persons under 18 years of age) must always supervise minors while surfing any website. You undertake to retain with due diligence and to prevent disclosing, directly or indirectly, to anyone the personal authentication code (password) provided during the registration process and at any time to prevent anyone from using it. Should DIAWONDS ® discover an irregular use of the code or inconsistencies with its personal nature, access to the Service and to its contents may be blocked, and if needed, removal of registration via email notice.
DIAWONDS ® publics through the Service some contents (hereinafter “Opinions”): Opinions on listed stocks either ordinary and/or non-ordinary; Opinions on other financial instruments*; Opinions on specific economic sectors; Opinions on financial products*; Opinions on general market matters*; Opinions on other economic-financial issues*. DIAWONDS ® publics Opinions that provide only impersonal advice (i.e., advice not tailored to the individual needs of a specific client); are “bona fide,” (containing disinterested commentary and analysis rather than promotional material disseminated by someone touting particular securities); and are of general and regular circulation (rather than issued from time to time in response to episodic market activity). Some Opinions are provided for free, others are provided for a fee. DIAWONDS ® reserves the right to modify its offer making Opinions at any time, which were offered at a full price or were discounted before, discounted or free. With specific reference to Opinions on listed stocks they consist of opinions on the value of a share (usually ordinary but also of a different nature) of the reference firm shown in the recommendation and they may change at any time and are therefore changeable. They are for information and illustration purposes only, are purely indicative and approximate, and cannot be under any circumstances considered exhaustive, because they are based only on some input and/or data and omit many other variables that may affect the determination of the estimated value. Time horizon of the investment to which the opinions relate is until the publication of the periodic results by the issuer (quarterly, semi-annual and annual) subsequent to those already known at the time of the production of the single opinions or until any eventual communication of material facts and/or information (price-sensitive) by the issuer (or by third parties in any way connected to it) to the market, if earlier. Opinions are occasional, un-personalized and no particular update periodicity, by rule, exists or is expected to exist. As a user you acknowledge that Opinions are executed by the means of “pdf” files and that as a consequence you need to be a holder of a license to use authorised Adobe Acrobat software. Their provision may be not guaranteed for some platforms included Mac OS platforms or through some mobile devices such as iPad, iPhone, iPod Touch, etc., and are produced with reference to a specific time and their evolution could make them less valuable with the lapsing of time because companies and markets are always transforming and you are made fully aware of that. Bought Opinions and those that are made available for free after your eligible registration to the site are downloadable for a limited time (seven days) and number of times (three times).
* Opinions marked with an asterisk may be for future release.
4. SERVICE FEES
In the Service are shown Opinions for which a fee is due with the respective amount. All prices referring to Opinions have to be considered as prices for the public and inclusive of VAT and any other further charge (even fiscal) where applicable.
DIAWONDS ® reserves the right to modify prices at any time, without any notice and without prejudice to the fact that should any change of price occur, no change will be made to orders already accepted and in progress at the time of the change. Opinions (in pdf format) are immediately downloadable through the Internet after the purchase and so don’t incur any shipping cost. No other means of delivery are available. Only due to proven and exceptional technical delivery issues shipping via e-mail may be claimed. In this case, detailed request should be sent to email@example.com
5. TERMS OF PURCHASE AND PAYMENT
Opinions offered by DIAWONDS ® may be bought only at the time the order is placed and shown at the web address http://opinioni.consulenteindipendente.com, as described in the respective description notes.
Correct order receipt will be notified by DIAWONDS ® to the email address provided. Said message will show date and time of order receipt and an “Order Number” given as a reference for any further communication with DIAWONDS ®. The “Order Number” will coincide with the Invoice number. The message will show all the data provided by the user, and the user undertakes to verify its correctness and to inform without delay if any amendment is needed following the rules described in this document. In the event of order rejection, DIAWONDS ® commits to inform the user without delay.
As the user, you recognize that the provision of Opinions through the Service is, by rule, administered by automatic information systems.
Specifically DIAWONDS ® employs an e-commerce platform provided by ARUBA S.p.A. and which runs on their servers.
Current payment option is GESTPAY of Banca Sella S.p.A. (a service which allows access by means of a single platform of the leading international payment circuits, with means of payment by credit card and PayPal). Payment settlement is processed on the GESTPAY website (to which you will be automatically redirected) and follows Service rules as there better specified.
To use this payment facility, separate rules established by the payment facility provider need to followed, including the on-line completion of all required fields and to inform of any change of those data that might occur.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
You acknowledge and agree that the Service: is intended only for research and information and not for individual investment advice (it is your responsibility to evaluate independently any information or opinion provided in the Service); is distributed on an “as is” and “as available” basis, exclusively “in the state in which it is found” without warranties of any kind, neither it expresses or implies legal value or of other kind (no written information given by DIAWONDS ® shall create any warranty). Nothing contained in the Service may be considered as an invitation or an advice to buy, sell, undertake or make any other kind of transaction on securities or on financial instruments in general; nothing of what is contained in the Service constitutes a solicitation or an offer, neither a recommendation to buy or sell financial instruments and/or any kind of investment services; nothing of what is contained in the Service represents investment advice, legal or fiscal or of any other nature nor should any investment or any other decision be made solely based on its content; nothing contained in the Service is guaranteed, nor explicit nor implicit, to be current, complete, accurate and reliable even if DIAWONDS ® takes the greatest care to maintain the Service and carefully chooses sources of information that he believes, by rule, to be reliable. Under no circumstances, including (but not limited to) negligence, may DIAWONDS ® be held responsible for damage of any type, (including, without limitation, damages for loss or for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use information contained in this Service or provided by other web sites that can be linked directly or indirectly from this Service. Whatever recommendation or opinion expressed on those other web sites are the sole responsibility of their holders and do not represent in the most absolute terms recommendations or opinions of DIAWONDS ®. Any possibility of connecting to other websites does not represent in any way a recommendation or endorsement by DIAWONDS ® for their content. The link to other web sites, where existing, is provided for information only and for the user’s convenience. DIAWONDS ® does not have any power to monitor those other web sites, and consequently cannot be held responsible under any circumstances for their content, nor guarantee content in general published there. More specifically, as for completeness, accuracy, quality and conformity to, (case by case) applicable rules. Whatever choice of a specific investment made, lies exclusively with the investor based on his own awareness and attitude to risk and markets knowledge. Under this respect all information and contents provided through the Service are just one out of many other supports to the evaluation of an investment which remains in the absolute discretion of the investor. Information and opinions contained in the Service may be modified without notice. If you are dissatisfied with the Service or object to the Terms, your sole and exclusive remedy is to discontinue accessing the Service. To the greatest extent permitted by applicable law, and unless otherwise specified, the use of the Service is at your exclusive risk. In no event will DIAWONDS ® be liable, under this agreement, under any responsibility arising out of any theory of liability (including, but not limited to, negligence and clear responsibility) for any direct, indirect, incidental, special or consequential damage, which implies compensation of damages higher than what should have been possibly paid to access the contents of the Service. Any responsibility of DIAWONDS ®is furthermore excluded for direct or indirect damages occurred to you or to others as a consequence of the use of the contents provided by DIAWONDS ® through the Service; for any interruption or suspension as a consequence of force majeure (including but not limited to fires, floods, strikes, earthquakes, telephone lines, electricity or Internet networks failures which don’t ensure the proper functioning of the Service); for the unavailability of the Service whatever the reason is; for the non-use of the Service. More specifically DIAWONDS ® shall not be held liable for damages, claims or losses, direct or indirect, arising to you by malfunction and/or failure of your electronic equipment or of third parties, including Internet Service providers, of telephone and/or computer links not directly managed by DIAWONDS ®, as well as actions by other users or other persons having access to the network. No specific guarantee of results expected, desired or obtained from the use of the Service is offered. Whatever liability should lie with DIAWONDS ® in respect of the provision of contents through the Service is an obligation as to the means and not as to the results. Any reference to services which are or that might be offered by DIAWONDS ® in the future doesn’t correspond to the promise that said services will be at any time available. Variations or improvements to said services might be done at any time without notice. DIAWONDS ® will make every possible effort to ensure the accuracy and timeliness of information contained in the Service but cannot guarantee in any way the precision, completeness or timeliness of information provided in the Service. Whatever the case, DIAWONDS ® reserves, at any time and periodically, the right to change or disable temporarily or permanently the Service (or any of its parts) with or without prior notice.
You agree to indemnify DIAWONDS ® from all damages, costs, liabilities arising out of any breach of these Terms by you.
8. RESTRICTIONS OF USE
As the user, you may display any part of the Service on your monitor, and you may print screens, but only for your personal use and provided you retain and observe all copyright notices, restriction on use and disclaimers. You undertake not to distribute for any reason and under no circumstances, any content received through the Service by any means, including via electronic devices, publishing and/or transferring to third parties.
DIAWONDS ® may, at its sole discretion, suspend or terminate your access to all or any part of the Service for any reason, including without limitation, breach of these Terms.
10. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Service and all its contents received through the Service are protected by copyright in accordance with Italian and international Law, and that any current or future intellectual property rights will be and remain at any time exclusive property of DIAWONDS ®. You agree to subject to all the notes, disclaimers, information or restrictions shown in any content received through the Service.
11. INFORMATION ABOUT TRADEMARKS
DIAWONDS ® is a registered trademark property of Dott. Simone Luigi Maria Fumagalli Romario. Other names of products and services are trademarks of the respective companies or persons. The names of existing companies and products mentioned in the Service may be the trademarks or registered trademarks of their respective companies.
12 RIGHT OF WITHDRAWAL ex Italian d.lgs. 206/2005 (Consumer Code)
In accordance with article 52 and following d.lgs. 6 September 2005 n. 206 (Consumer Code), the consumer has a period of fourteen days to withdraw from a distant contract or an off-premise contract (right of withdrawal) without giving any reason, and without incurring any costs other than those provided for in Article 56, paragraph 2, and in Article 57. In accordance with Article 59, first paragraph, of the Consumer Code, the right of withdrawal is excluded in respect of the supply of digital content which is not supplied on a tangible medium if the Service has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal. You, where you qualify as a consumer, expressly agree: that the Opinions (the products) have the nature of digital content which is not supplied on a tangible medium; that by agreeing with the execution of the Service you lose your right of withdrawal. Investment research and financial analysis or other forms of general recommendations regarding transactions on financial instruments do not fall within the definition "Investment services and activities", but rather represent “Non-core services” and therefore they do not constitute a financial service. Should the supply of Opinions otherwise be interpreted as a financial service, while the nature of investment service and activity remains automatically excluded, the right of withdrawal must be understood as excluded in accordance with article 47, first paragraph, letter (d) of the Consumer Code.
13. GOVERNING LAW; JURISDICTION
The whole agreement between you and DIAWONDS ®, subject to these Terms and Italian Law, is confined in Italy. In case you result in failing as the definition of consumer, or any controversy should arise between the parts in respect of the interpretation and/or execution of single contracts regulated by these Terms, any litigation will fall under the exclusive jurisdiction of the Court of Milan.
15. USER DECLARATIONS
You represent and agree that you have the mental capacity and authorization to accept these conditions and that the use of the Service by you will be in respect of these Terms. You also expressly agree that you have read and understood what is stated within the Service or rather in the “legal disclaimers”, in the “method”, and in the information document on “the general risks of investments in financial instruments”.
Reference data: 20 March 2017 (revised)