Terms and Conditions

ART. 1

INTRODUCTION

The person responsible for this Website ( hereinafter the Owner ) is:

Comolake Immobiliare Di Cima Nicola

• Via Como n. 6, 22017 Menaggio (CO), Italy
• VAT number 02981610138
• info@comolakeimmobiliare.it

The use of the Services is permitted only to a user who has:

• read the Information on the processing of personal data ;
• accepted all these General Conditions of Use (this document, hereinafter: “Conditions”).

ART. 2

DEFINITIONS

In summary: Basic concepts on operation and access to the Site

USER

Anyone who accesses the Site to “navigate” on it in order to take advantage of its non-confidential content. The use of any service offered by the Site (hereinafter: “Service” or “Services”) gives the user the status of User (hereinafter: “User” or “Users”). Generally, the User is not required to register for access to the services offered by the Site and App, however, for the use of some Services, User registration may be required. This registration will take place in the form expressly indicated in the relevant Service.
The term User (s) (without further qualifications) includes both the subjects registered on the Site and those not admitted to the reserved sections.

SITE

Set of related web pages, consisting of a hypertext structure that resides on a web server. It includes all technical-IT content, such as, by way of example, the software that allow its operation, the related codes,
Site electronic databases, texts, photographic and non-photographic images, animations, audio/video files, reproductions of distinctive signs such as trademarks or logos, and any other technical solution adopted, visible or simply operational of the Site itself.

Materials

Any content of the Site consisting, by way of example only, of texts, images, graphics, files, databases and software
Audio-video materials, design/layout, animations, multimedia/hypertext elements present therein, regardless of the formats/media that contain them, their dimensions, extension, versions, or techniques for their distribution/transmission.

Intellectual Property Rights

Intellectual Property Rights (generally referred to as IPR) are a composite set of rights recognized and protected by current national and international regulations, including, by way of example and not limited to, any IPR rights connected to patents, industrial models or designs, copyright, present and future, trademarks and/or service marks (both registered and actually used by the Tittolare), brands, commercial names, companies, know-how, domain names, databases and all its applications.

Languages ​​

• The Site and related services are available on the site in Italian . In addition to the aforementioned version, the Site can also be consulted
  • in English at this link
• These general conditions of use/website navigation are drawn up and available in Italian. If translated into other languages, the only authentic versions will be those in Italian, without prejudice, however, to the interpretations more favorable to consumers, as regards the mandatory rights recognized to them by the regulations in force in the relative countries of residence/domicile (see Art. 8) .

ART. 3

RECIPIENTS AND USE OF THE SITE

In summary: Use of the Site for purely personal purposes

3.1) Access, use and any other use of the Site and related Materials, including the download of images and information on the goods and/or services promoted therein, such as the purchase of the same, are activities carried out by Users for exclusively personal uses, unrelated to any commercial, entrepreneurial and professional activity.

3.2) Users are authorized to view, copy, print and use the Site Materials for personal use only and provided they are used for informational, non-commercial purposes only and are not modified in any way. The images available on the Site may not be used, copied or distributed separately from the accompanying text.

3.3) The trademarks, commercial names, images and photographs relating to the goods and/or services offered, such as the design, texts and graphics of the Site, are the exclusive property of the Owner (on which see Articles 13 and 14 below. ). Unless otherwise expressly agreed, nothing specified in these General Conditions of Use/Website Navigation may be interpreted as granting any licenses or authorizations on each of the Owner’s IPR.
3.4) Type of Users
In relation to the use of the Site, there are two types of Users: Simple Users and Professional Users.

Simple Users are private individuals who use the Site with the aim of searching for properties and finding information. Simple Users can access some services (e.g. the search for properties) anonymously, while for other services (which will be expressly indicated) it is necessary to register before use.

Professional Users are real estate agents, construction companies, other professionals and companies operating in the real estate sector who use the Site to provide services to Simple Users. Professional Users can access the site’s services, taking care to contact the Owner to ask for permission to use the information published on the site for any reason.

3.5) Minors
The use of the Services is limited exclusively to adults. To use the Service, minors must do it together with their parents or guardians who will be responsible for all acts carried out through the Site by minors entrusted to them.

3.6) Changes to the Terms
The Owner may unilaterally modify these General Conditions of Use and in this case, the Owner will inform Users of the changes through this document. The changes will affect the relationship with the User only in the future.
Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service.
The previous applicable version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller.

ART. 4

EXTERNAL LINKS TO THE SITE

In summary: Links to external websites: discipline and responsibility

4.1) The Site may contain hyperlinks (so-called “links”) to web pages, platforms, or social networks external to the Site. These links are proposed in order to facilitate Users in browsing activity, facilitating hypertext links to online information. deemed useful and/or relevant. The activation of these links represents a mere indication of the Owner to simplify access to these external sites, which does not imply any guarantee or responsibility for their contents, especially on the goods/services promoted/offered therein.

4.2) The Owner does not control, nor does it carry out constant monitoring operations, on external sites and their contents, which could well be modified at any time by the respective owners. There is no obligation of continuous and generalized control, which would be difficult to implement on a regular basis. If aware of the unlawfulness of linked content, it will be the responsibility of the Owner to remove or modify, without delay, the link in question. Except for willful misconduct or gross negligence, the Data Controller will in any case not be responsible for the contents of external sites, especially with regard to the processing of personal data during the “navigation” operations. It is therefore advisable to pay the utmost attention to the General Conditions of navigation, as well as to the attached privacy policies of the sites visited, once connected to the aforementioned web pages through the links on the Site.

4.3) These general conditions of use/website navigation, like the privacy policies, do not regulate the use of the sites managed by subjects other than the Owner himself.

ART. 5

DISCLAIMER OF LIABILITY

In summary: Illegal and/or irregular uses of the Site and related dysfunctions

5.1) By accessing the Site, Users will be solely responsible for its use, as well as for the use of the Materials contained therein. In particular, the Owner  will not be liable for the illegal use of the Site or, in any case, non-compliant with applicable laws, except for residual liability for willful misconduct and gross negligence. In this case, the Users will be not the only ones responsible for any communication of incorrect, false or third party information and/or data without their consent, as well as for any use of the Site that does not comply with the principles of correctness and good faith. Finally, given that the Materials subject to any downloads will be freely downloaded by Users, all responsibility for consequential damage to computers, software and/or data loss will fall on the Users themselves and cannot be attributed to the Owner , except in cases of willful misconduct or gross negligence.

5.2) The Owner declines all responsibility for any damage connected to malfunctioning, suspension, interruption or otherwise inaccessibility to the Site (and its contents) due to force majeure, unforeseeable circumstances or incorrect use of the services and/or Site materials by the Users themselves. Except in cases of willful misconduct or gross negligence, the Owner  will not be liable for any damage caused by viruses, damaged files, errors, omissions, cancellations attributable to third parties, or in any case connected to the network, provider or telephone and/or telematic and/or electrical connections. Without prejudice to the adoption of any possible precaution pursuant to Art. 6.2, the Owner declines all responsibility for damages connected to unauthorized access to the Site by third parties and related alterations, as, finally, to the failure and/or faulty functioning of the hardware, as well as of the software of the Users themselves. It will be the responsibility of the Owner to communicate, in adequate advance on the home page of the Site, any interruptions and/or planned suspensions of the online services, and, if possible, any further information on the malfunctions and/or anomalies of the Site. , Capable of affecting the Users.

ART. 6

PROTECTION OF PERSONAL DATA

In summary: Site privacy and security information

6.1) Users are invited to read the Information on the processing of personal data online, and the attached Cookie policy , to understand how and why the Owner  treats the personal data acquired/provided online, both by registered Users who access the Site using the services dedicated to them and in the event of access to non-reserved sections of the Site.

6.2) The Owner  takes all technical (hardware and software) and organizational precautions to preserve the inviolability and security of the Site, as well as its operation. The measures adopted in this regard consist in particular of the use of software tools such as Firewall, Antivirus, anti-spam systems and others.

ART. 7

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

In summary: Protection of the Materials present on the Site

7.1) The Site, like the Materials published therein, are protected by the copyright law (or other IPR) of the Owner , or of those who legitimately have the relevant rights. The Site and related Materials cannot, either totally or in part, be copied, reproduced, transferred, downloaded, published or otherwise distributed, without the written consent of the Owner, except for purely personal uses referred to in the following paragraph.

7.2) Users are still authorized to: i) view the Site and its Materials, only for legitimate uses, as per Art. 5 of these General Conditions of Use/Website Navigation; ii) carry out all those acts of temporary reproduction, with no economic significance of their own, for personal and non-commercial purposes, as long as they are transitory/accessory, an integral part of the visualization of the Site and related Materials.

7.3) Any different activity, different from those expressly permitted under this article, must be authorized in advance by the Owner or, if necessary, by the authors of the Site, as well as the individual works contained therein. The requested authorization will, as a rule, be granted on the condition that the device documents being applied for pursuing lawful purposes and purposes, in full compliance with the copyright and other IPR of the Owner, as well as the authors of the individual works contained on the Site.

ART. 8

JURISDICTION AND APPLICABLE LAW

In summary: Competent court and applicable law

8.1) Any possible dispute with end consumer users relating to and/or connected to the use of the Site will be governed by Italian law and administered, unless exceptions, by the courts of the consumer forum. In any case, these Users will be guaranteed the rights conferred on them by the mandatory consumer protection regulations in force in the relative countries of residence/domicile.

8.2) For the reference rules as to jurisdiction and applicable law to the Contract, please refer to art. 66 bis of the Consumer Code and to art. 18 of the EU Reg. 1215/2012