Terms & Conditions

These terms and conditions (hereinafter, the “Terms”) govern the access and use of the website www.designholding.com (hereinafter, the “Website”).

Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your access and use of the Website, including (but not limited to) certain limitations, exclusions, and indemnities.

By accessing or using the Website, as well as the content and services available through the Website, you acknowledge that you have read, understand and agree to be bound by these Terms in all respects in relation to the Website. If you are not willing to be bound by each and every terms or conditions set out herein, or if any representation deemed to have been made herein by you is not true, you cannot use, and must cease using, the Website.

For the purposes of these Terms and the Website, “Design Holding”, “us”, and “we” refer to Design Holding S.p.A..

1.    Definitions

For the sake of clarity and easy comprehension, we have defined certain words used in the Terms and on the Website. Additional definitions are included elsewhere in the Terms.

“Content” means all materials and content, including (but not limited to) designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.     

“User(s)” means each and all the users of the Website.

“you” means you as an individual user of the Website.

2.    About the Website

The Website provides information about Design Holding and the brands integrated in Design Holding (collectively, the “Brands”), including (but not limited to) the services we provide, corporate governance, and financial reports and presentations of International Design Group S.p.A. (i.e., subsidiary of Design Holding subject to the direction and coordination of the latter) and the Brands.

References to “the Website,” and “www.” include all software, Content and features provided within the Website.

3.    Informational purpose only of the Website

The Website and Contents available within it are for informational purposes only.

The Website and Contents available within it do not constitute a binding proposal pursuant to Articles 1329, 1333 and 1334 of the Italian Civil Code, nor a binding offer to the public pursuant to Article 1336 of the Italian Civil Code. The Website and Contents do not, and shall not, in any circumstances and unless specified otherwise, constitute a public offering of any of securities of the Company or of any of its subsidiaries (the “Securities”) nor an invitation to the public in connection with any such offer nor an invitation or inducement to invest or otherwise deal in the Securities. The Contents and information contained in the Website cannot be distributed except in accordance with the legal requirements applicable in the relevant jurisdiction. You must comply with all laws that apply to you in any place in which you buy, offer or sell any financial instruments or possess the information contained in the Website. You must also obtain any consents or approvals you need in order to purchase any financial instruments. We are not responsible for your compliance with any of these legal requirements.

By making available the Website, Design Holding is not making either an offer of any financial, tax, accounting, legal or other professional services or goods, and none of the information available on the Website should be construed as legal, tax, accounting or any other professional advice or service.   

4.    Monitoring

We are entitled to monitor the use of the Website from time to time, but we have no obligation to do so. If and when we monitor your use of the Website, we will do so in accordance with the applicable laws. Access to all or any parts of the Website can be suspended at any time without notice.

5.    Your responsibilities

Required conduct

You will use the Website only for lawful purposes. If at any time you become aware of any breach, by any person or entity, of any part of these Terms, you shall immediately notify us via the contact form available on the Website and provide us with assistance, if and as requested, to stop or repair such breach.

Prohibited conduct

In using the Website, you must not do any of the following:

• Post, transmit or otherwise make available any Contents or materials contained in the Website.
• Post, transmit, or otherwise make available through the Website any Contents or material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the relevant owner.
• Use the Website or the Contents for any purpose that is fraudulent or otherwise tortious or unlawful.
• Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available and functioning, including (but not limited to) by hacking or defacing any part of the Website;
• Violate any requirement, procedure or policy of the servers or networks used to make the Website available and functioning.
• Restrict or inhibit any other person from using the Website or the Contents.
• Create or share Contents without first obtaining any necessary permissions from third parties or otherwise use the Website to post or transmit any information that (a) you do not have the right to provide; (b) would violate any applicable law or regulation; or (c) would violate, infringe or misappropriate any third party right or interest.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website, except as expressly authorized herein, without Design Holding’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
• Remove or alter any copyright, trademark or other proprietary rights notice on the Website or Content you access via the Website.
• Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Design Holding’s express prior written consent.
• Use any robot, spider, Website search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine”, or otherwise gather content from the Website, (b) reproduce or circumvent the navigational structure or presentation of the Website, or (c) harvest or collect information about Users of the Website without Design Holding’s express prior written consent.

If you do not comply with these Terms (or if we have reasonable grounds to suspect it or we are investigating suspected non-compliance by you), we are entitled to suspend your access to the Website or take any other steps we consider appropriate.

6.    Requirements to use the Website on behalf of third parties

Using the Website on behalf of a corporation or other organization, you represent and warrant that you have the power to agree to these Terms on behalf of such corporation or other organization, and any and all references to “you” throughout these Terms will include such corporation or other organization, jointly and severally with you personally.

7.    Privacy

We recommend you to read our Privacy Policy (/privacy-policy) and Cookie Policy (/cookie-policy) available on the Website, explaining how we collect, protect and use your information and personal data.

8.    Termination

We may, at our sole and exclusive discretion, suspend, restrict or terminate your use of the Website, effective at any time, without notice to you, for any reason, including (but not limited to): (a) the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website; (b) we have received a third party complaint which relates to your use or misuse of the Website; or (c) you have been or are in breach of any terms or conditions of these Terms.

We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

9.    Intellectual property

Our content

Except where expressly stated otherwise, all rights, titles, and interests in and to the Website and all Content, source codes, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the Website (collectively, “Our Content”) are (a) fully vested in us, our Brands, our licensors, or our suppliers, and (b) protected by applicable copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws.

You agree that the access and use of Our Content is subject to these Terms, including the disclaimers and limitations of liability set forth herein. Nothing in your use of the Website or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Website as and to the extent set out in these Terms.

Unless otherwise expressly authorized by us in writing, you agree not to:

• copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in, or otherwise transfer, any right or interest in Our Content;
• remove any proprietary notices or labels on or of Our Content; or
• allow any other person or entity to carry out any of the foregoing.

Third party content

The Website may contain links to websites and other materials made available by third parties (collectively, “Third Party Content”). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.

Third Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as and to the extent set out in these Terms.

We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to their availability and proper functioning. The availability of any Third Party Content through the Website does not imply the endorsement of, or affiliation with, any provider of such Website or materials. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content).

Trade and service marks

You may not use the “Design Holding” trade name, trademarks, service marks, logos or designs, or any other mark held by Design Holding or its controlled legal entities, in connection with any product or service that is not of Design Holding or its controlled legal entities nor in any manner that is likely to cause confusion. Nothing contained in the Website should be construed as granting any right to use any trade names, trademarks, service marks, logos or designs without the express prior written consent of the owner.

Open source

The Website can include open source components, which are licensed for use and distribution by us under applicable open source licenses. Use of these open source components is governed by, and subject to, the Terms and the terms and conditions of the applicable open source license.

10.    No warranties and limitation of liability

Warranties

Design Holding makes no representations or warranties, expressed or implied, about the Website, which is provided “as is” and “as available” basis. To the maximum extent permitted by law, we exclude all implied warranties regarding the Website, including, without limitation, the warranties of availability, functionality, merchantability, quality, fitness for purpose, title, and non-infringement. While we use our best effort to ensure that the Website and the Content are always and entirely completed, accurate, reliable and updated, we makes no representations or warranties on their completeness, accuracy, reliability and updating.



Design Holding makes no representations or warranties, expressed or implied, on the lawfulness and appropriateness of the Website in your country. If you access and use the Website regardless of its unlawfulness or inadequacy of it in your Country, it will be at your sole risk and responsibility.

Design Holding neither represents nor warrants that the Website, the software, the services and Content provided through the Website are, current, uninterrupted, error-free, omission-free, or free from viruses or other harmful components. 

Limitation of Liability

Your use of the Website is at your own exclusive risk. To the maximum extent permitted by applicable laws, Design Holding is not liable for any direct or indirect loss or damage of whatever kind and however arising (i) as a result of, or in connection with, your use of, or inability to use, the Website and any Content or materials you obtain through the Website, or (ii) from inaccuracies, errors or omissions in the Website and the Content.

Accordingly, Design Holding is not liable towards you in any circumstances for any direct or indirect losses or damages to your computer or data or any other damage you may incur by using the Website caused by disruption or failure of internet networks or for any interruptions to, or restrictions on, the accessibility of the Website arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.

11.    Governing law and jurisdiction

These Terms are subject to and governed by Italian laws.

Any dispute between the you and us which relates to these Terms or arises in connection herewith, shall be subject to the exclusive jurisdiction of the Courts of Milan.

12.    Other legal provisions

Amendments

We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. The latest and fully-amended version of these Terms will be published in this section of the Website.

You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If you do not agree to any of the amendments to these Terms, you can stop to access and use the Website and therefore you may terminate the agreement between you and us regarding the use of the Website as set out in these Terms. If you continue to use and access to the Website after the effective date of any amendment of these Terms, you will be conclusively deemed to have accepted such amended version of these Terms.

Updates

The Terms are current as of the date set out on the top of this document. We may update the Terms at any time by publishing an updated version here. If you continue to use the Website after any such updates, it shall be deemed as an acknowledge and acceptance by you to those updates.

Our remedies

Without limiting any of our rights, we may suspend, restrict or terminate your use of the Website without notice if, at our sole and absolute discretion, we determine or believe that you have breached any of the Terms, including (but not limited to) any of your responsibilities as set out above.

Enforceability

Your use of the Website, and the Content and features accessed through it, constitutes your agreement to these Terms; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.

Relationship

You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Website.

Force majeure

Neither party will be responsible for a failure to fulfil its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

Entire agreement

These Terms, as amended from time to time, including any and all documents, Website, terms and policies referred herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to your use of the Website.