Terms of service

GLOSSARY

In order to offer a clearer and easier consultation of the site, we have supplied a glossary of the most frequently used terms on this page.

a) Chimborazo indicates the site manager, the domains and the sub-domains which are registered for Chimborazo brand. Chimborazo is also the proprietor of the domains, the websites and the Contents supplied within and the administrator and/or proprietor of all IT and other support infrastructure
b) Websites: specifies the web portals related to Chimborazo, which consist of the Services and Contents which are made available to the User
c) SServices: indicates all the activities and the operations which the Users can carry out in relation to the Contents which are made available on the Website
d) Contents: means amongst others and by way of example, the audio and video material, information, graphics, photographs and/or images, illustrations, pictures, logos, projects and any other type of original or reproduced material published on the websites or sent by them, including software, the operative processes of the websites, menus, web pages, layout, graphics and colors.
e) User: specifies the users of the Sites and the Services supplied therein.

HOW WILL I KNOW IF THE CONDITIONS CONTAINED ON THIS PAGE HAVE BEEN MODIFIED?
If you wish to receive constant updates regarding the General Conditions, we recommend that you consult this page regularly. This will allow you to check if possible modifications or changes have been implemented since your last visit to the Website. Indeed Chimborazo, whenever implementing modifications – either partially or totally – will take the necessary steps to make the updates available by publishing them on this page.

CAN I USE CHIMBORAZO WEBSITE FOR PROFESSIONAL REASONS?
The Contents and Services on our Website are normally intended for personal use. This means that if, for example, you consult the pages, download product information, etc., you will be using the material for inappropriate commercial, entrepreneurial and professional purposes. However, if the Service you are using is amongst those that allow you to make purchases, in this case you can use the Service both for professional and personal use. This means that you are free to make purchases which are both related and unrelated to your professional activities through our Website.

WHAT CONDITIONS AND LIMITS ARE IMPOSED WHEN USING CHIMBORAZO WEBSITE?
When accessing our website and the relative Contents and Services, you must:

• Navigate and use the Website and Services at your complete and free discretion, whilst assuming total and sole responsibility;
• Not use the Websites for illegal purposes or to commit illegal actions;
• Not use the Websites in such a way that would interrupt, damage or compromise the efficiency and the functionality either partially or totally of the above;
• Recognize the fact that Chimborazo cannot be held responsible for events in relation to possible damage to your or a third party’s computer, equipment or any data stored therein, except in possible cases of serious errors and willful intent which can be directly linked to Chimborazo;
• Release Chimborazo and subjects from any responsibility in relation to your conduct whilst using the Website and Services;
• Recognize that Chimborazo cannot be held responsible for losses and damage in relation to any form of use and the functionality of the Website, including (without restrictions) any damage in relation to the suspension, interruption, lack of functionality and/or inaccessibility to the Websites or Services, damages related to transmitted viruses and harmful material, damages related to loss of business, loss of earnings, interruption of business, loss of business information and/or any other type of pecuniary loss, except in the case of damage caused by willful intent and serious errors;
• Declare to be aware and to accept that Chimborazo does not guarantee the accuracy and the completeness of the Contents and furthermore does not guarantee that the Websites, Services and Contents will always be supplied without interruptions, punctually and safely;
•Accept that Chimborazo does not guarantee that any possible material errors in Contents and Services supplied through the Website shall be promptly rectified;

ARE THE PRODUCT IMAGES AND PHOTOGRAPHS FOUND ON THE WEBSITES RELIABLE?
The images, photographs and all representations found on Chimborazo Website merely have an illustrative value. Chimborazo constantly implements measures aimed at ensuring that the photographs displayed on the Website are true representations of original products and also implements every technological solution possible to minimize inaccuracies. That said; viewing variations are always possible due to various causes, even of a technical nature and sometimes linked to the technological characteristics of color resolution on your computer. Subsequently, Chimborazo cannot be held responsible in case some graphic representations of products displayed on the Website in relation to the above technical reasons should appear not perfectly suitable or corresponding.

IF I AM UNDER 18 YEARS OF AGE CAN I USE CHIMBORAZO WEBSITE?
If you are under 18 years of age you can freely navigate our Websites. You are not permitted to use those Services that require registration or transfer of data or information. Registration and use of the services available on Chimborazo website is strictly for persons over the age of 18. No one under that age can register on the Websites nor use the services available therein, except in those cases where the minor has the consent of a parent or legal guardian. In all cases where you would use or access even one of the Services which require registration or the transfer of data and information as supplied through the Website, you must ensure that you are over 18 years of age and have the faculty to stipulate binding contracts. When surfing the Web if you see or if you are requested to provide information which you do not understand or which is not totally clear, always ask your parents for assistance. Remember: this is always valid not only for Chimborazo Website, but also for all other sites that you visit on the Internet.

WHAT POLICY DOES CHIMBORAZO APPLY IN RELATION TO BRANDS, NAMES AND INTELLECTUAL PROPERTY?
Chimborazo reserves the right of sole use of its logos, brands and distinctive markings. The Contents and other material on the Website, as protected by the applicable copyright, patent or other relevant legislation, may not be copied, modified or reproduced nor used, without the express written consent of Chimborazo, even in the case of further contractual agreements stipulated and negotiated with the User.

WHAT ARE COOKIES AND HOW ARE THEY USED BY CHIMBORAZO?
Chimborazo also uses cookies issued by third parties. For information in relation to the policy regarding the use of cookies on Chimborazo Website, you can consult our Privacy Policy. The Websites can contain links to other sites which are not directly connected to Chimborazo. We would point out that these websites are in no way managed nor controlled by Chimborazo, which cannot be held responsible for the contents and the regulations contained therein. The General Conditions are exclusively applicable to Chimborazo Website and not to other websites that may be consulted by the user through use of the above mentioned links.

HOW DOES CHIMBORAZO PROTECT MY PRIVACY AND MY DATA?
Chimborazo considers people’s privacy to be an essential value. In particular we are committed to protecting the privacy of users on our Websites. If you wish to know how, we invite you to consult the following link: Privacy Policy Chimborazo implements security and preventative measures of a technical and organizational manner aimed at protecting the security of its Websites and of their Users. In particular, these measures are aimed at ensuring that the information in relation to its Users is protected from the risks of loss, destruction, unauthorized access or illegal use. With specific reference to the payment systems available for purchases on the Website, we use PCI DSS standard systems with regards to information relative to credit cards. Chimborazo does not possess any data files storing such information. With specific reference to the reserved areas available to the User, the above are subject to registration and the subsequent allocation of access credentials by Chimborazo, composed of a User ID linked to a Password. You can make the most important contribution to your password security by following a few simple precautions:

• Keep your password secret, do not give it to anyone and do not write it down.
• Do not allow anyone else to use it;
• If you think that the security of your password has been infringed, change it. We would remind you that for your greater security, our systems force you to change the password you have been assigned at registration upon your initial access to the Website, in such a way that no one else, other than yourself, can know it;

These General Conditions are regulated by Italian Law and shall be interpreted accordingly. Possible disputes inherent and/or subsequent to the above must be resolved under Italian Jurisdiction. The Milano Courts have been assigned jurisdiction for the application of these General Conditions.

USER GENERATED CONTENT TERMS OF USE
PLEASE NOTE THAT THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND CHIMBORAZO S.RL. AND, IF ANY, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “CHIMBORAZO”, “WE” OR “US”), OWNER OF THE WEBSITE CHIMBORAZOMILANO.COM. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS OF USE (“TOU”). BY ACCEPTING TO HAVE YOUR PICTURE, AND, AT CHIMBORAZO’S SOLE DISCRETION YOUR CAPTION ASSOCIATED WITH SUCH PICTURE POSTED BY CHIMBORAZO, YOU AGREE TO BE BOUND BY THESE TOU. THESE TOU AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, YOU SHOULD NOT ACCEPT TO HAVE YOUR CONTENT/CONTRIBUTION POSTED BY CHIMBORAZO ON ITS DIGITAL PLATFORM.

1. Giving your approval (even through specific hashtag), You authorize Chimborazo S.r.l to communicate and/or publish or diffuse of a contribution of theirs, of any form or nature and on any support (including, without limitation, images, photos, videos, sounds, music, texts, and works of any type), grants permanently, irrevocably, non-exclusively, free of charge and royalty, all and any rights of economic exploitation including the rights related to copyrights and rights relevant to these contributions (hereinafter “Authorized Contributions” or “Contribution/s”). Therefore, You expressly acknowledge that Chimborazo has the right to use, re-use, create derivative works, publish, re-publish, display, perform, transmit, exhibit, keep in database and reproduce the Contribution, in whole or in part, individually or in conjunction with other material, including without limitation, text, photographs, or images, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to advertising, publicity, promotion, packaging, and trade, without restriction as to manner, frequency, or duration of usage, it being understood that Chimborazo will have no obligation to display the Contribution and You will have the right to ask for your Contributions’ deletion, in every moment, by way of email message to the address: info@chimborazomilano.com. Chimborazo reserves the right to display your picture without your caption.

2. You represent that You are at least eighteen (18) years old or adult under your legislation. If You are not of such age, your parent or guardian shall accept these TOU on your behalf. Moreover, You acknowledge and agree to abide by all applicable laws in your Country on this matter.

3. You guarantee that You own the Contribution or otherwise have the rights and the legal power to act in order to commit to these TOU in your jurisdiction and that the contribution is an original and exclusive work and that the work:

• does not derive of any work of third parties without their authorization;
• does not breach or can breach in any way privacy rights, publicity rights, author’s rights, registered trademarks or other rights of intellectual or industrial ownership of third parties;
• does not breach or can breach in any way the economic rights or personal rights of third parties as You have received the authorization and/or specific consent by any third party (or any other person having rights on them);
• does not breach any law provision, including by way of example, Law no. 633/1941; Law Decree no. 30/2005; Law Decree no. 70/2003; Law Decree no. 196/2003 as subsequently amended, modified and/or integrated;
•.it is not indecent, racist, discriminatory or, in any way, contrary to public order or public morals; and commits to indemnify Chimborazo S.r.l. and its entitled persons in any case in which one or more of the above-mentioned statements are false or incorrect.

4. Chimborazo is not responsible for, and does not endorse, the Contribution and does not have any obligation to prescreen, monitor, edit, or remove any Contribution.

5. In case of your Contribution violates these TOU, You may bear legal responsibility for that Contribution, in any case, for the contractual liability or non-contractual liability (including, for example, negligence or breach of the law) in case of: (i) patrimonial damages (including, for example, any arising damage, loos of income, current or forecast profits, contracts, business, opportunities or forecast savings); (ii) loss of reputation; (iii) consequential or indirect damage suffered by the Grantor or third parties.

6. You accept that you will indemnify and/or defend (at Chimborazo’s request) Chimborazo and/or its entitled persons, and will hold it harmless from all costs, direct and indirect damage, expenses, losses, including legal and court fees relevant to any claim and/or application and/or action that can be performed at any place by third parties, including public authorities, administrative and state bodies, due to any dispute deriving from or relevant to the use of the contribution by Chimborazo and/or your entitled persons and to the statements and guarantees given by You in these UGC TOU.

7. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Chimborazo. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.

8. These TOU shall be governed and enforced in accordance with the Italian Law, without regard to its conflict of laws rules. Any proceedings and/or actions relating to the subject matter shall be brought exclusively in the courts located in the State of Italy. The competent Court is the Court of Milan.

INFORMATION NOTICE REGARDING DATA PROCESSING (ART. 13 D. LGS 196/03)
Chimborazo S.r.l. (hereinafter referred to as “Chimborazo” or “Controller”) wishes to inform you that D. Lgs 196/2003 (“Code of Privacy”) ensures that personal data are processed by respecting all Data Subjects’ rights, fundamental freedoms and dignity, particularly with regard to confidentiality, personal identity, privacy and the right to personal data protection. Based on this Code, the processing of all personal data shall be transparent, conspicuous and lawful in order to fully protect legal rights. Please read the following information that describes how and why we process personal data as we do..

CATEGORIES OF DATA COLLECTED
The data collected consists of personal data (included but not limited to: full name, alias, photographic images, videos, and/or including third parties etc). The Data Subject will give to Chimborazo images or video including third parties, only after obtaining consent by owner in accordance with D.Lgs 196/2003. In particular, the consent shall be explicit, informed and documented in written form. Moreover, the consent shall be given referring to the purposes of the processing outlined in this document.

TYPE OF PROCESSING
Personal data will be processed by digital and electronic means and will be possessed by Chimborazo for no longer than is necessary to achieve the purposes for which it has been collected.

PURPOSE OF PROCESSING
Personal data will be processed for communicating and promoting Chimborazo’s brand through publication and dissemination of images and videos provided by the Data Subject on websites, social networks and all of the digital channels managed by or utilized by third parties associated with Chimborazo.

Disclosure of Personal Data: Processor and Person tasked with processing Personal data may be disclosed to Chimborazo company and to Chimborazo’s suppliers (specifically appointed as “Processor”). Chimborazo’s employee (appointed as “Person tasked with processing”) may have access to personal data. Images and videos collected could be disseminated on websites, on social networks and all of the digital channels managed by or utilized by third parties associated with Chimborazo. Data Provided Voluntarily Data Subjects provide personal data on a voluntary basis. Should a refusal to provide images or video occur, the Controller will not disseminate or publish data to achieve its purpose for which it has been collected. The consent to disseminate and publish will be expressed by the Data Subject through identification of a specific “hashtag” #CHIMBRAZOMILANO. Chimborazo will send the Data Subject a specific message via an Instagram Post. Should consent exist, the Data Subject shall respond to Chimborazo’s post by writing the hashtag #CHIMBORAZOMILANO. This hashtag will count as an expression of consent to the publication and dissemination for the purposes described in this document. Data Subjects’ rights Data subjects are entitled at any time to obtain confirmation of the existence of personal data concerning themselves and be informed of their contents and origin, verify their accuracy, or otherwise to request that such data be supplemented, updated or rectified (Section 7 of Legislative Decree no. 196/2003). The above Section also provides for the right to request deletion, anonymity or blocking of any data that is processed in breach of the law, as well as to object in all cases, on legitimate grounds, to processing of the data. All requests should be emailed to: info@chimborazomilano.com Controller of Personal Data is Chimborazo Srl, headquartered in Milan, via Fabio Filzi 2, 20124, Italy.