This Annex applies in addition to the sections above, for users in the jurisdictions named. Where it conflicts with a section above, this Annex prevails for those users. Nothing in it extends the Site’s reach to a jurisdiction in which we do not offer it.
A.1
European Economic Area — consumers
Nothing in these terms affects your mandatory statutory rights, including under Legislative Decree 206/2005 in Italy and the national law implementing Directive 93/13/EEC where you are resident. A term found unfair under that law does not bind you. Sections 16, 17, 18 and 23 apply to you only to the extent that they are compatible with those rights.
Where you conclude a distance contract with us for a paid service, we will inform you before you are bound of the main characteristics, the total price, the duration, and your right of withdrawal under Articles 52 and following of Legislative Decree 206/2005, and we will provide the standard withdrawal form.
A.2
Italy
The information required by Article 7 of Legislative Decree 70/2003 is set out in § 01 and in the Impressum. Cookies and similar technologies are used in accordance with Article 122 of Legislative Decree 196/2003 and the guidelines of the Garante per la protezione dei dati personali.
Where these terms are incorporated into a contract with a party who is not a consumer, the parties acknowledge that §§ 15, 16, 17, 19, 21 and 23 are terms of the kind referred to in the second paragraph of Article 1341 of the Civil Code and require specific written approval under Articles 1341 and 1342 of the Civil Code; that approval is collected at the point of contracting and not on this page.
A.3
Germany and Austria
The particulars required by § 5 DDG and § 5 ECG are in § 01 and in the Impressum. Where these terms operate as general terms and conditions under §§ 305 to 310 BGB, any term that is invalid under those provisions is replaced by the applicable statutory rule. Liability for injury to life, body or health, and liability under the Produkthaftungsgesetz, is unaffected. We are not obliged and not willing to participate in dispute resolution before a consumer arbitration board within the meaning of the VSBG unless we state otherwise in writing.
A.4
United Kingdom
If you are a consumer in the United Kingdom, your rights under the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations, as amended, are unaffected; a term that is unfair under Part 2 of that Act does not bind you. You may bring proceedings in the courts of your place of domicile. Personal data of UK users is processed in accordance with the UK GDPR and the Data Protection Act 2018.
A.5
United States
Copyright notices (DMCA). We respond to notices that comply with 17 U.S.C. § 512(c)(3). Send them to:
- Recipient
- Lequent S.r.l. — legal notices
- Address
- Corso Magenta 56, 20123 Milan, Italy
- E-mail
- legal@lequent.com
- Telephone
- +39 02 9999 0160
A notice must include: a signature of the owner or of a person authorised to act for the owner; identification of the work claimed to be infringed; identification of the material claimed to be infringing and enough information to locate it; your contact details; a statement of good-faith belief that the use is not authorised; and a statement, under penalty of perjury, that the information is accurate and that you are authorised to act. A person who knowingly misrepresents may be liable for damages under 17 U.S.C. § 512(f). We accept counter-notices under 17 U.S.C. § 512(g) and terminate access for repeat infringers.
California. Under California Civil Code § 1789.3, users of the Site who are California residents are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. The Site is provided at no charge. Our disclosures under the California Online Privacy Protection Act, including how we respond to Do Not Track signals, and rights under the California Consumer Privacy Act as amended, are set out in the Privacy Policy.
Other states. Rights of residents of Virginia, Colorado, Connecticut, Utah, Texas and other states with comprehensive privacy legislation are set out in the Privacy Policy.
Third-party content. To the extent that any part of the Site carries content provided by others, we act as a provider of an interactive computer service within the meaning of 47 U.S.C. § 230 and do not adopt that content as our own.
No offer of securities. No Content on the Site is an offer to sell or a solicitation of an offer to buy any security in the United States. No security described or referred to on the Site has been registered under the Securities Act of 1933 and none may be offered or sold in the United States absent registration or an available exemption.
A.6
Canada and Québec
Commercial electronic messages are sent in accordance with Canada’s Anti-Spam Legislation: we send them only with express or implied consent, we identify ourselves and give a working unsubscribe mechanism, and we act on withdrawals of consent within ten business days.
For users in Québec, a French version of these terms is available on request from legal@lequent.comand prevails to the extent required by the Charter of the French Language. Vous avez expressément demandé que ces conditions et les documents qui s’y rattachent soient rédigés en anglais. Personal data of Québec residents is processed in accordance with the Act respecting the protection of personal information in the private sector.
A.7
Other jurisdictions
We make no representation that the Site or the Content is appropriate or available for use in any particular place. If you access the Site from outside Italy, you do so on your own initiative and you are responsible for compliance with local law. Where local law grants you rights that may not be excluded by agreement, those rights prevail over any inconsistent provision of these terms, and the remainder of these terms continues to apply.