Terms and conditions for use of Listupp
I. Terms and conditions for use of Listupp websites
1.1 Listupp SRL (“Listupp”) controls, operates and owns the Listupp websites (www.listupp.com, www.listupp.it, etc.) (together, the “Website”).
Listupp provides end users (“Users”) with free information related to offers and products(“Offers”) supplied by third partiess (“Partners”) on the site (the“Service”).
1.2 The Terms laid down in sections I and III of these terms apply to all Users of the service.
2.1 Listupp provides to users information about the offers on the site. The information provided to the Users by Listupp (inlcuding information about the offers and links to partners websites) have been supplied to Listupp by its Partners. Listupp and its Partners manage their respective websites independently.
2.2 Listupp is not responsible for the websites of its Partners or any third party websites which may be referred to in the offers (inlcuding by a link). Listupp does not control
the design or the contents of the linked pages or their subpages.
2.3 Listupp has the right to modify all or parts of the Offer as they appear on the Site, and to complete them, delete or cease publication of them temporarily or permanently without prior notice.
2.4 The Offers presented by Partners do not represent Offers from Listupp. The Terms and Conditions among the User and Listupp regulate the use of the Service by the User and and do not represent terms and conditions related to the Offers. Agreements related to the purchase of products or services displayed in the Offers constitute exclusively agreements between the User and the Partner.
2.5 If a User, through the Site, shows his interest towards an Offer, the User be redirected to the website of the Partner submitting that offer. Before an agreement between the User and the Partner is concluded, the User will be in charge of verifying with the Partner all relevant information previously provided by the Partner to the website, including all information about the sale price at the sale place.
3. Property rights
3.1 All data, information, search results and texts related to the Site or generated by the Site are protected by Copyright under the Copyright Law. It is forbidden to partially or entirely copy, distribute or modify the information without the express written consent of Listupp. Any unauthorised reproduction, distribution, modification, public access and/or public rendering represents a copyright violation and will be prosecuted under copyright law.
3.2 The Users should be aware that company names, trademarks, logos and/or product designations listed on Partners’ websites are protected under the Copyright law as well.
3.3 The Offers published on the Site only have information purposes and must be used exclusively for non commercial purposes. The Users are not authorized to download the Offer to any device such as computer or any data storage device. The repeated and systematic downloading of parts of the Offers will be equalized to the downloading of a substantial part of an Offer. The printing of the Offer is possible only for (i) non commercial purposes, and (ii) if strictly necessary for completing the purchase of an Offer. Any use of the Offers for commercial purposes is forbidden.
4.1 Even though Listupp guarantees its best effort to only display sound Offers in terms of content and lawfulness, Listupp makes no warranty as to the content, correctness, lawfulness, completeness, quality or suitability of the Offers.
4.2 Listupp does not warrant that products and services displayed in the Offers can actually be purchased from the partners at the published prices.
4.3 Despite the effort of Listupp to provide the Service without technical errors and faults, Listupp owns the right to solve technical problems as and when necessary.
4.4 Listupp does not warrant the functional suitability and compatibility of Partners’ websites, system or programmes that are not part of the Site.
5. Current nature of prices
5.1 Listupp guarantees its best effort so that the prices stated in the Offers displayed on the Site are as up to date as possible and so that the prices stated on the Site are frequently updated. However, since the prices are determined by the Partners, they may change since the most recent update of the Site. In the event of a conflict between the price stated in an offer and the price on a Partner’s website, the actual price displayed on the Partner’s website at the time of the User’s proposed purchase, will be considered as definitive.
5.2 Due to technical reasons it is not possible to update the prices in a real time. It may exceptionally happen that products and/or services displayed in an offer can not be purchased at the price stated on the Site or that the product or service may no longer be available wholly or in a particular variation (including size and colour)
II. General Provisions
1.1 Listupp does not warrant that the Service, the Functionality or the Community are available or accessible without interruption.
1.2 If the causes are beyond the control of Listupp, Listupp is not liable for technical transmissions delays, interruptions, errors, failures of the Service, the Functionality or the Community and the resulting consequences for any User or Member such as loss of data.
1.3 Listupp is not liable for any unauthorised acquisition of personal data of Users or Members by third parties (such as hackers).
1.4 Listupp is not liable for the content, the accuracy, the legality or effectiveness of third party websites that are referenced in the Service and/or the Community.
1.5 Listupp is liable, without restrictions, for its intentional or gravely negligent behaviour.
1.6 Listupp is liable for slight negligence – except in cases of personal injury or death – only when essential contractual obligations (cardinal obligations) are infringed. Cardinal obligations are those essential contractual obligations which are fundamental in the relationship with the user for their nature and purpose or whose fulfilment enables the proper execution of the agreement, and to which the User is expected to comply. In this case the liability of Listupp is limited to typical and foreseeable damages.
1.7 Apart from conditions of unlimited liability laid down in the previous section II.1.6., any liability for indirect and unforeseeable damage and lost profits is excluded in cases of simple negligence.
1.8 Regardless of the legal nature of the claim, Listupp is not liable beyond that provided in these terms.
1.9 The limitations or exclusions of liability in sections II.1.6, 1.7 and 1.8 do not apply to the cases of objective liability determined by law or in case of liability of Listupp arising from the violation, depending on fault, of a contractually assumed warranty.
1.10 When the liability of Listupp is excluded or limited, such exclusion or limitation of liability also applies to personal liability of its officers, employees, representatives and agents.
2. Final provisions
2.1 These terms and the legal relationship between the User and LIstupp are regulated by Italian law, excluding the UN CISG.
2.2 If any provisions of these terms is or becomes invalid, this does not affect the validity of other provisions. In this case the parties shall replace the ineffective clause by a valid clause which most closely reflects the ineffective clause in legal, economic and factual issues.
2.3 These terms are subject to the exclusive jurisdiction of Milan, Italy (if legally permissible).