WELCOME TO DERMQODELAB WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NEXTES SRL REGARDING YOUR USE OF THE WEBSITE.
These are official terms and conditions (“Terms of Use“) and form a legally binding agreement between you and Nextes Srl (“NEXTES”, “we”, “us”, or “our“) regarding your use of the DERMQODELAB website located at https://www.dermqodelab.com/home/, as well as the associated Web pages, features and functions made available by Nextes Srl (individually and collectively, the “DERMQODELAB Site“). YOU AGREE TO READ THESE TERMS OF USE CAREFULLY EACH TIME YOU ACCESS THE DERMQODELAB SITE. The DERMQODELAB Site is offered and made available only to users 18 years of age or older or have reached the age of majority in the jurisdiction in which you live or reside. If you are not yet 18 years old or have not reached the age of majority in the jurisdiction in which you live or reside, you must have a parent or guardian’s permission to view the DERMQODELAB Site. Moreover, if your use of the DERMQODELAB Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the DERMQODELAB Site immediately. BY ACCESSING THE DERMQODELAB SITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE OR HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO ACCESS THE DERMQODELAB SITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR REMEDY FOR DISSATISFACTION WITH THE DERMQODELAB SITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE DERMQODELAB SITE, IS TO STOP USING THE DERMQODELAB SITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR ACCESSING THE DERMQODELAB SITE. When we use the term “Agreement” we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the DERMQODELAB Site. These Terms of Use and our use of the term “Agreement” also includes our Privacy Policy that can be accessed through a link on the website’s footer. The Privacy Policy is hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you access and use the DERMQODELAB Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended or deactivated for any reason. The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the DERMQODELAB Site, receive data from the DERMQODELAB Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the DERMQODELAB Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third-party content or any links on the DERMQODELAB Site that may direct your browser or your Internet connection to third-party websites or web pages.There are portions of the DERMQODELAB Site that we make available to users in the general public without the need for such users registering on the site, and you may visit and browse those portions without charge or obligation. However, in order to access and use certain services, features or functions of the DERMQODELAB Site, such as getting specific information, ordering and paying for our products, we require users to register. As part of the registration process, you will need to select and provide us with a unique user name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a “User ID”). We also request that you provide your e-mail address and may request that you provide other personally identifiable information as we may require. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of the DERMQODELAB Site. Please read our Privacy Policy, which describes the non-public, private data (a.k.a., personally identifiable information) that we collect, use, disclose, manage and store. Your User ID is personal to you and you may not allow any other person(s) to use your User ID under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or if you have any other need to deactivate your User ID due to security concerns.
2. MODIFICATIONS These Terms of Use are effective as of 1 November 2022. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We may post or display notices of material changes on the DERMQODELAB Site. Once we post them on the DERMQODELAB Site, these changes become effective immediately and if you use the DERMQODELAB Site after they become effective, then it will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the DERMQODELAB Site and these Terms of Use periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.The DERMQODELAB Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the DERMQODELAB Site, including without limitation, the selection, sequence and “look and feel” and arrangement of items, and all derivative works, translations, adaptations or variations of the same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content“), are the property of NEXTES and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors. All Content on the DERMQODELAB Site is legally protected, without limitation, under Italian Laws, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the DERMQODELAB Site is either the copyrighted property of NEXTES unless otherwise noted or are the copyrighted property of third parties.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks“) on or of the DERMQODELAB Site, including, without limitation, Products’ brands, names and logos and or stylized logos are the trademarks and intellectual property of and proprietary to NEXTES. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of NEXTES.We authorize you to access Content and grant you the limited right and license to use the DERMQODELAB Site solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download one single hard copy of Content displayed on the DERMQODELAB Site for non-commercial, personal use only. You must not alter, delete or conceal any copyright or other legal notices contained on the DERMQODELAB Site, including notices on any Content you display, print or reproduce from the DERMQODELAB Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website) or otherwise use, any Content without the express prior written consent of NEXTES.
This license does not include any resale or commercial use of the DERMQODELAB Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the DERMQODELAB Site or its Content; any downloading or copying of membership information for the benefit of another merchant; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. The DERMQODELAB Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of NEXTES. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the DERMQODELAB Site without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing NEXTES Marks without our express written consent. Any unauthorized use terminates the permission or license granted by NEXTES. As an express condition of your use of the DERMQODELAB Site, you warrant to us that you will not use the site for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. NEXTES makes no representation that any Content is legal or appropriate for use outside of the European Laws or that it is authorized for export from Europe or for import into any foreign country.While we will use commercially reasonable diligence to respond to your message, we cannot guarantee a response and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
10. RULES OF CONDUCT Your use of the DERMQODELAB Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. You shall not use, allow, or enable others to use the DERMQODELAB Site, or knowingly condone use of the DERMQODELAB Site by others, in any manner that is, attempts to, or is likely to:You agree to indemnify, defend and hold NEXTES, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your Posts or any content you provide, submit or make available on or through the DERMQODELAB Site or your unauthorized use of any Content. NEXTES reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with NEXXTES in the defense of any such claim, action, settlement or compromise negotiations, as requested by NEXTES.
11. DISCLAIMER AND LIMITATIONS OF LIABILITY. THE DERMQODELAB SITE AND ALL MATERIALS AND PRODUCTS THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE DERMQODELAB SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, NEXTES is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the DERMQODELAB Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the DERMQODELAB Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DERMQODELAB SITE, NEXTES OR ANY OF ITS AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE DERMQODELAB SITE OR FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have NEXTES, upon written notice from you to us, attempt to repair, correct or replace any deficient Product under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for NEXTES, we agree to refund any monies actually paid by you for the Product involved and to terminate and discontinue your use of the DERMQODELAB Site. You further understand and acknowledge the capacity of the DERMQODELAB Site, in the aggregate and for each user, is limited. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly, some of the exclusions and limitations described in this Agreement may not apply to you. 12. ADS AND MALWARE We take great care and pride in creating the DERMQODELAB Site. We are always watching out for technical glitches that effect how the DERMQODELAB Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the DERMQODELAB Site, and that is totally beyond our control. If you experience any unusual behavior, content or ads on the DERMQODELAB Site, it may be the result of “Malware” on your computer. “Malware” — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the DERMQODELAB Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the DERMQODELAB Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician. 13. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS From time to time, NEXTES or its affiliates, operational service providers, suppliers, and advertisers, may conduct promotions on or through the DERMQODELAB Site, including without limitation auctions, contests and sweepstakes (collectively “Promotions“). Each Promotion may have additional terms and/or rules which will be posted on the DERMQODELAB Site or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement. 14. MISCELLANEOUS TERMS Without limitation, these Terms of Use, our Privacy Policy, and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any Products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated herein by this reference, contains the entire understanding and agreement between you and NEXTES and supersedes any and all prior, inconsistent or other understandings relating to the DERMQODELAB Site and your use of the DERMQODELAB Site. This Agreement cannot be modified, changed or terminated by you except as specifically described herein. We reserve the right in our sole and absolute discretion to modify this Agreement at any time. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the DERMQODELAB Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). This Agreement and your use of the DERMQODELAB Site shall be governed by, construed and enforced in accordance with the substantive laws of Italy applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of Trieste, Italy and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that NEXTES has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction.IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE DERMQODELAB SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders. Consent I have read the NEXTES Privacy Policy and consent to: The processing of my Personal Data described in the Privacy Policy for the purposes set out therein. Receive marketing and promotional materials and commercial communications, whether by electronic means (SMS, email, fax, etc.) or traditional means (phone, regular mail). Be included in marketing studies and research.
The Site may also use third-party cookies which, in addition to what is specified in this document, may perform further tracking activities. With regard to these cookies, NEXTES S.r.l. has only the obligation to provide a link to their site. Third parties, on the other hand, will be obliged to provide appropriate information on the processing and to provide information on how to block the cookies used. We therefore advise you to consult the privacy policy of the services listed below, where you can find information on the processing and you can give your consent.
Facebook may use cookies, web beacons and other storage technologies in order to collect or receive information from the Site; it may also use this information to provide measurement services, define the recipients of advertisements, as described in the privacy policy adopted by Facebook, available at https://www.facebook.com/about/privacy/. You can disable the collection and use of information for the targeting of advertisements through the links http://www.aboutads.info/choicesand http://www.youronlinechoices.eu/
The Site uses – through the Google Analytics service – also cookie analytics, which collect information in aggregate and anonymous form about the number of users and how they visit the Site. The Site also integrates some features developed by third parties who send their cookies (such as Google Maps).
In order to ensure greater transparency on the use and removal of data, the following are the web addresses of the different information and methods for managing cookies:
Facebook: https://www.facebook.com/help/cookies/
Facebook (settings): login in your account. Privacy section.
Twitter policy: https://support.twitter.com/articles/20170514
Twitter (settings): https://twitter.com/settings/security
Google+ policy: http://www.google.it/intl/it/policies/technologies/cookies/
Google+ (settings): http://www.google.it/intl/it/policies/technologies/managing/
Google Analytics (policy): https://www.google.it/policies/privacy/partners/
Google Analytics (settings): https://tools.google.com/dlpage/gaoptout
The processing will not concern personal data included in the category of “sensitive” or “particular data”.
Such data will be processed manually and/or with the support of computerized or telematic means for the following purpose.
The Data Controller is not obliged to gather specific consent for the processing of personal data common to users who register at NEXTES’s Website. The processing of such data described above pursues primary purposes for which Article 6 of the GDPR excludes the need to obtain a specific consent of the user, because the processing is necessary to comply with an obligation under the law, regulation or European legislation, or because the treatment is necessary to perform obligations resulting from a contract (in the case: the general conditions of access and navigation of the Website of which the person concerned is a party or to fulfill, before the conclusion of the contract, specific requests of the person concerned or – finally – because the processing of data pursues administrative-accounting purposes.
If the data subject does not intend to provide the personal data requested and necessary based on the above, the consequence would be that it would be impossible to access to the Website.
The updated list of the data processors – if appointed – is available at the operative seat of the Data Controller in Via Pauliana 2, 34132 Trieste, Italy.
Personal data will not be disclosed.
Any rectification, cancellation or restriction of the processing carried out at Your request – unless this proves impossible or involves a disproportionate effort – will be communicated by the Controller to each of the recipients to whom the personal data have been transmitted. The Data Controller may inform You of such recipients at Your request.
Exercise of the rights is not subject to any formal constraint and is free of charge.
For Your convenience, Articles 15 to 23 of the Regulations are available at the following link:
http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32016R0679&from=IT
Meta Events Manager is an analytics service provided by Meta Platforms Ireland Limited. By integrating the Meta pixel, Meta Events Manager can give the Owner insights into the traffic and interactions on this Website.
Personal Data processed: Trackers; Usage Data.
Place of processing: Ireland – Privacy Policy – Opt out.
Meta ads conversion tracking (Meta pixel) is an analytics service provided by Meta Platforms Ireland Limited that connects data from the Meta Audience Network with actions performed on this Website. The Meta pixel tracks conversions that can be attributed to ads on Facebook, Instagram and Meta Audience Network.
Personal Data processed: Trackers; Usage Data.
Place of processing: Ireland – Privacy Policy – Opt out.
© 2022 All rights reserved