Terms and conditions of use of the Akeron Community

These terms and conditions (“Terms and Conditions“) rule the use of the restricted access website of Akeron S.r.l. (“Akeron“) accessible at http://community.akeron.com (“Akeron Community“). By clicking on the two  ‘I ACCEPT‘ buttons at the end of these Terms and Conditions , you acknowledge that you have carefully read and that you accept these Terms and Conditions to which each user of the Akeron Community is therefore bound.

By accepting these Terms and Conditions, the user also agrees that Akeron is entitled to amend them from time to time without the need for a new acceptance by the user.

 

  1. Access to the Akeron Community

The Akeron Community is a restricted access website that provides its users with relevant material and information about Akeron, Akeron Lab s.r.l. (“Akeron Lab”) and the products and services they provide. The access to the Akeron Community is reserved only to those persons identified in these Terms and Conditions who have completed the registration procedure set out in art. 2 below (“Users“) by accepting these Terms and Conditions.

 

  1. Registration procedure

By registering to the Akeron Community, the User acknowledges and agrees that the subjects who may register to the Akeron Community are exclusively those following:

  • Akeron’s employees;
  • Akeron Lab’s employees;
  • employees of the companies (“Companies“) that have signed with Akeron or Akeron Lab an agreement that allows the access to the Akeron Community, provided that the same agreement is still into force on the date of the User’s registration (“Agreement“);
  • Other subjects who have received specific written authorization from Akeron for registration, possibly limited in time (“Authorization”).

The registration procedure requires the filing of a form by which Akeron will be provided with certain information regarding both the registering person, among which the name and a valid company e-mail address, and the Company, including the company name and the country of origin as well as the role of the person within the Company (“User Information“). 

User Information that are personal data within the meaning of art. 4 of Regulation 679⁄2016 EU (“GDPR“) will be used in accordance with the terms of Akeron’s privacy policy available in the Akeron Community and accessible at the following link.

Once the form has been filled in and the Terms and Conditions have been accepted, the User, on the basis of the data provided by the same at the time of registration and according to the kind of Agreement, will be framed within predetermined categories. Depending on the category in which the User has been classified, the User will have access to specific documentation inserted in certain sections of the Akeron Community and, if the User is classified as “Administrator of the Akeron Community”, he will be given specific powers as better described in the following article.

After filling the form, an account will be created (accessible through a user name and a password) which is strictly personal and which, as such, shall not be disclosed to third parties. The User, indeed, is the sole responsible not only for the confidentiality of his account but also for the operations carried out through it and for any direct or indirect damage that Akeron, Akeron Lab and/or other third parties whose materials and information are hosted in the Akeron Community may suffer due to the unauthorized use of the same. In this respect, the User undertakes to immediately notify Akeron of any unauthorized use of his account of which the User may become aware. Akeron shall not be liable for any damages caused by the unauthorized use of the account.

The User is also responsible for the correctness and truthfulness of the data communicated at the time of the registration and he is, therefore, required to promptly notify Akeron of any change in the data indicated during the registration by e-mail to be sent to community@akeron.com.

 

  1. Use of the Akeron Community

The User can exclusively view the pages of the Akeron Community which are accessible by the User depending on the category within which he is classified, and he can download and print only the material intended for him and available for the downloading in the sections of the Akeron Community to which he has access. The use made by the User of the information and/or material thus acquired (“Information and Materials“) must be limited to what is strictly functional to the performance of the Agreement signed by the Company or, in the case the User is an Akeron’s or Akeron Lab’s employee or has received Authorization, to what is strictly functional to his role in Akeron, Akeron Lab, or to the specific needs for which the Authorization was granted. The User classified within the category “Administrator of the Akeron Community” has full rights to manage the Users who have access to the Akeron Community as well as to upload the content and documents within the web portal.

The User is not allowed to make any use of the Akeron Community and of its Information and Materials that is contrary to the law or that is not strictly functional to the performance of the Agreement or, in the case the User is an Akeron’s or Akeron Lab’s employee or has received Authorization, to his role in Akeron, Akeron Lab or to the specific needs for which the Authorization was granted. Furthermore, the User is not allowed to make any use of the Akeron Community and of the Information and Materials in a way that infringes the rights of Akeron, Akeron Lab and/or third parties, including, without limitation, intellectual property rights, trademarks, patents, rights of confidentiality or publicity or any other property right.

The User is not allowed to make any use aimed at breaching or attempting to breach the safety of the Akeron Community, in any way, including but not limited to by: (i) accessing to and/or using data, Information and Materials, sections, pages and/or accounts of the Akeron Community to which the User is not authorized to access; (ii) testing the vulnerability of the Akeron Community and/or attempting to breach security or authentication measures.

 

  1. Suspension, disablingof the User

In addition to the User’s request, Akeron may disable the User in the following cases:

  • termination for any reason of the Agreement (in this case all the Users related to the Company will be disabled) or the Authorization; in particular, the Authorization may also cease at Akeron’s sole discretion at any time;
  • breach of these Terms and Conditions and/or of the Agreement by the User or attributable, directly or indirectly, to the User’s Company; in case of breaches attributable to the Company, Akeron may, at its discretion, disable all the Users belonging to such Company;
  • termination of the User’s employment relationship with the Company.

Users may be disabled for not having logged in for a period of time equal to 3 (three) consecutive months..

In any case, Akeron reserves the right to suspend Users (and all the Users belonging to its Company) in case of any breach or suspected breach of these Terms and Conditions and/or the Agreement.

The disablement or suspension of the User shall take effect following the sending of a notice to the e-mail address indicated by the User during the registration procedure or that the same has provided pursuant to art. 2, last paragraph, of these Terms and Conditions. As a result, the User may not use the Akeron Community and its content, definitively in the case of disablement of the User and for the time of suspension of the User in the event of suspension of the same. 

 

  1. Modification of the Terms and Conditions

Without prejudice to art. 9, Akeron reserves the right to correct any mistakes, inaccuracies or omissions and to amend the Terms and Conditions at its sole discretion at any time and without notice. The amendments will become effective upon their publication in the Akeron Community.

It is the User’s responsibility to keep up to date with the new Terms and Conditions by periodically reviewing them through access to the Akeron Community.

 

  1. Confidentiality

The Information and Materials contained and available in the Akeron Community are confidential information. Except for the uses strictly functional to the performance of the Agreement or, in the case the User is an Akeron’s or Akeron Lab’s employee or has received Authorization, strictly functional to his role in Akeron, Akeron Lab, or to the specific needs for which the Authorization was granted, the User may not communicate it to third parties and, therefore, the User undertakes to maintain the confidentiality, by adopting for this purpose the most adequate and appropriate measures.

 

  1. Intellectual Property

Any distinctive signs used and displayed on the Akeron Community (collectively, the “Trademarks and Logos“) are of exclusive property of Akeron, Akeron Lab and/or third parties, whether registered or unregistered. The Information and Materials contained in the Akeron Community, unless otherwise indicated by Akeron, are part of the intellectual property of Akeron, Akeron Lab, and/or third parties and are, therefore, protected by copyright and industrial law. The downloading, printing and/or, more generally, the use of the Information and Materials does not imply any transfer of ownership of the same.

None of the Trademarks and Logos or the Information and Materials may be removed, modified or altered in any way, or used in any manner that denigrates or discredits Akeron, Akeron Lab or any third party. The User is required to comply with the current legislation aimed at protecting the intellectual property rights of Akeron, Akeron Lab, and/or third parties. 

 

  1. User indemnification

The User agrees to indemnify and hold harmless Akeron from any and all claims, damages, costs and expenses, including legal fees, suffered by Akeron, Akeron Lab and/or other third parties, related to or arising directly or indirectly from (i) breach of the Terms and Conditions; (ii) use of the User account or password by any third party, regardless of whether or not such action has been authorized by the User; and/or (iii) breach of third party rights, including, by way of example and without limitation, infringement of any intellectual property rights and/or copyrights.

 

  1. Akeron limitation liability

To the extent permitted by the applicable law:

(i) Akeron provides access to the Akeron Community “as it is” and “as available” without warranty of any kind, express or implied, including, without limitation, in relation to the adequacy, accuracy, completeness and/or ownership of the Information and Materials available in the Akeron Community; 

(ii) Akeron shall have no liability for any errors or omissions in the Akeron Community, nor shall it be liable in any way for any direct and/or indirect damage of any kind whatsoever arising out of the use of the Akeron Community and/or of the Information and Materials or for not having used the Akeron Community or for having used it and/or the Information and Materials in a manner not in accordance with these Terms and Conditions;

(iii) Akeron does not warrant that the website will work without any interruption or error, and under no circumstances, Akeron shall be liable for the delay or inability to use the website.

 

  1. International Users and applicable law

These Terms and Conditions have been drawn up in accordance with and are governed by Italian law; therefore, application of the rules of private international law is expressly excluded. Therefore, Akeron cannot be held liable for the non-compliance of these Terms and Conditions with the law in force in the country from which the access is made, if different from Italy. Furthermore, Akeron makes no representation or warranty, in addition to what is already provided for in these Terms and Conditions, regarding the compliance and/or full availability of the Information and Materials inserted in the Akeron Community whereby the access to the same takes place outside Italy.

 

  1. Exclusive jurisdiction

Any dispute, action or proceeding relating to these Terms and Conditions or to the use made by the User of the Akeron Community shall be subject to the exclusive jurisdiction of the Court of Milan.