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Terms of Use

These Terms of Use regulate access to the website https://www.midlandeurope.com (hereinafter, the “Site”) and the services provided through the Site (hereinafter, collectively, the “Services”), and govern their use.

These Terms of Use constitute a binding agreement between Midland Europe S.r.l. (“us,” “we,” or “Midland”), and the user.

THE SITE IS MANAGED BY MIDLAND EUROPE S.R.L., WHICH ALSO OWNS IT, WITH REGISTERED OFFICE IN REGGIO EMILIA, VIA R. SEVARDI, 7, VAT NUMBER 01410320350, TAX CODE 01671970364, REA RE183867.
BY ACCESSING OR USING THE SERVICES, THE USER ACKNOWLEDGES HAVING READ THESE TERMS OF USE AND IMPLICITLY AGREES TO ADHERE TO THEM. SHOULD THE USER NOT ACCEPT THEM, THEY MUST REFRAIN FROM USING THE SITE.

Midland reserves the right to periodically modify, at its sole discretion and without notice, these Terms of Use. In such cases, Midland will publish the updated version of the Terms of Use on the Site, replacing the “Last Modified” date with the update date. Users are invited to regularly review the Terms of Use. The use of the Site and Services following the date of such modifications implies the user's implicit acceptance of the updated Terms of Use. Should the user not accept such changes, they must refrain from using the Site.

The user, by accessing the Site or using the Services, warrants being legally capable of entering into this agreement.

Midland reserves the right to undertake the following actions at any time and without notice: (i) modify, suspend, or interrupt the functionality or access to the Site or parts thereof, for any reason; (ii) modify or change the Site, in whole or in part, and any applicable policies; and (iii) suspend the functionality of the Site or parts thereof to conduct routine or extraordinary maintenance, correct errors, or make other changes.

1. Privacy Policy
1.1 The use of the Site is governed by Midland’s Privacy Policy (available in the “Website navigators” section at the link https://www.midlandeurope.com/en_150/privacy),the terms of which are an integral part of these Terms of Use.
1.2 The Privacy Policy published on the Site also applies in cases where the user accesses the Site and uses the related Services without purchasing any product.

2. Conditions of Sale
2.1 Sales made through the Site are governed by the conditions of sale available to the user on the Site (at the following link https://www.midlandeurope.com/en_150/sales-conditions).

3. Intellectual Property Rights
3.1 The contents of the Site, such as, by way of example, the interface, trademarks, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos, and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, schemes, fonts, and the design of the Site, diagrams, layout, methods, processes, functions, and software present on the Site (hereinafter, the “Material”), are protected by copyright laws and other intellectual property rights legislation and are owned by Midland and other rights holders.

4. Use of the Site
4.1 For “use” of the Site is meant the right of the user to navigate the website and view its contents, and to perform exclusively temporary reproductions deemed transient or incidental, as well as all other browsing operations on the Site that are carried out solely for legitimate use of the same and its contents. It is expressly forbidden to modify, copy, use, reproduce, republish, translate, transmit, or distribute in any way or form the Site or parts thereof, its contents and the Material, without the prior written consent from Midland, which retains the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any manner or form, in whole or in part, of the Site and its contents. Any reproduction operations to which Midland has consented must be carried out for lawful purposes and in respect of copyright and other intellectual property rights.
4.2 Access and use of the Site, including communication with Midland, the ability to download brochures or information about the products, and purchasing them on the Site, are lawful provided the user utilizes the information found on the Site solely for personal, non-commercial informational purposes and refrains from copying or publishing the information by any means.
4.3 The user refrains from using the Site or the Materials for illegal activities or those prohibited by these Terms of Use, and from facilitating the execution of any illegal activity or in violation of the rights of Midland or others.
4.4 The user acknowledges and agrees that Midland may retain any transmission or communication between the user and Midland via the Site or any Service offered on or through the same, and may also disclose such data if required by law or if such necessity arises (i) to protect Midland’s intellectual property, (ii) in legal proceedings, or (iii) to respond to the claim that the contents of any communication violate the rights of third parties.

5. Liability for Use of the Site
5.1 The user is personally responsible for the use of the Site and its related contents.
5.2 Midland shall not be deemed responsible for the non-compliant use of the Site and its contents by any of its users. In particular, the user will be solely responsible for communicating incorrect, false, or third-party information without their consent, as well as for the misuse of the same.
5.3 The user is solely responsible for maintaining the confidentiality of their account data, including the password, and for any action resulting from the failure to keep such information confidential and secure.
5.4 The user is responsible for safeguarding and properly using their personal information, including credentials that allow access to reserved services, and for any harm or prejudice that may arise to Midland or third parties as a result of incorrect use, loss, or misappropriation of such information. The user is required to immediately notify Midland of any unauthorized use of their account or password, as well as any other breach of security.
5.5 At no time is the user permitted to use another person’s account without the explicit consent and authorization of its legitimate owner. Midland will not be liable for any loss or damage arising from the user's non-compliance with these obligations.
5.6 Any liability for damages to computer systems or data loss resulting from content download operations falls on the user and will not be attributed to Midland. Midland disclaims any responsibility for damages resulting from the inaccessibility to services on the Site or from damages caused by viruses, corrupted files, errors, omissions, service interruptions, content deletions, network, provider or telephone and/or telematic connections issues, unauthorized access, data alterations, or the malfunctioning of the user's electronic equipment.
5.7 Midland does not guarantee that the Site or its related contents, services, or features will be error-free or continuously available, that defects will be corrected, or that the use of the Site by the user will yield specific results. Midland cannot ensure that documents or other data downloaded from the Site will be free of viruses or computer defects.
5.8 MIDLAND IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE AND/OR SERVICES.
5.9 The user agrees to indemnify Midland, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates against any claim, damage, loss, liability, claim or expense (including legal fees) asserted against Midland by third parties, arising from or in connection with the user's use of the Site.

6. Links to Other Sites
6.1 The Site may contain links to other websites. Midland exercises no control over such websites and is not responsible for the accessibility of third-party sites or their contents.
6.2 The presence of links to other websites, as well as the mention of third-party information, products, or services in the links to the Site, does not constitute an endorsement by Midland of said websites, information, products, or services in any way or under any circumstances, nor can it be interpreted as such. Any questions or comments related to the websites in question should be directed to their operators.
6.3 Without Midland’s prior written consent, the user is not authorized to frame the Site on other websites or create links to any part or page of the Site and/or the Material or any part thereof.

7. Applicable Law
These Terms of Use are governed by Italian law and shall be interpreted accordingly (excluding provisions regarding private international law); however, the mandatory norms of the user’s place of residence remain applicable.

8. Miscellaneous
8.1 These Terms of Use constitute the entire agreement between the user and Midland regarding the use of the Site and supersede any prior written or oral agreement between the user and Midland regarding such use.
8.2 No waiver by Midland of any breach or default of any of the obligations contained herein shall be considered a waiver of any subsequent and/or similar breach or default.
8.3 If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable for any reason, such invalidity or unenforceability shall not affect any other provision of the Terms of Use, and they shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.