These Terms and Conditions (hereinafter, “Terms of Use”) regulate the procedures for the registration of authorized users on the website https://scotsman.aftersalestools.com (hereinafter referred to as the "Site") and the procedures for the use, by registered users, of the services offered on the Site by the company Scotsman Ice s.r.l., headquartered in Pogliano Milanese, Via Lainate 31. For any communication related to the Site or its available features, Scotsman Ice s.r.l. can be contacted at the following email address: service@scotsman.it These Terms of Use are available in Italian and English.
In these Terms of Use, the following terms have the meanings set forth below:
Ulteriori definizioni possono essere altresì indicate di seguito nel testo delle presenti Condizioni di Utilizzo.
2.1.These Terms of Use regulate the terms and conditions of registration and the methods of use of the functionalities and Services made available within the Site for registered Users.
2.2.The User is required to use the Site in accordance with these Terms of Use. The Services provided through the Site are reserved for registered Users, according to the profile authorized by Scotsman, and are not intended for private consumers.
2.3.For the duration of this agreement, Scotsman grants to the User, who accepts it, a non-exclusive, revocable, non-transferable, and non-sub-licensable license to view the Materials published on the Site and to use the Services – in accordance with the authorization profile of each registered User - provided through the same Site, according to the methods and the conditions indicated in these Terms of Use.
2.4. The Company authorizes the User to view the Materials made available on the Site, solely for personal use, with prohibition to copy and transfer them, in whole or in part, to third parties, for any purpose.
2.5. Scotsman reserves the right to modify these Terms of Use at any time and at its discretion. Any modification to these Terms of Use will be communicated to registered Users at the email address provided by the Users themselves during registration or subsequently updated by the Users by sending a request to Scotsman at the email address service@scotsman.it The modifications shall be deemed accepted by the User, unless the User communicates to Scotsman the intention to terminate this contract within 30 (thirty) days from the aforementioned communication by writing to the email address:service@scotsman.it In case termination by the User, his account will be deactivated, and the Services provided through the Site will be terminated.
2.6. The Company may, in any case and at any time, delete, modify any part of the Site and Materials, as well as make further changes to the Site and the Materials published therein, as well as to products, programs, Services, or prices (if applicable) described on the Site.
2.7. Registration on the Site grants to the User the access to the following Services:
3.1. In order to register and operate on the Site, it is necessary that the User:
3.2. All sections of the Site are reserved for registered Users, and therefore the access is limited. Consequently, access to the Site is conditioned upon the prior opening of an account through the appropriate registration process as set forth below, accurately providing all the requested information on the online form available in the registration section.
3.3.Once the online form on the Site has been completed, the User shall proceed to submit his registration request. For the Standard User, subject to the guarantees provided by the same User as outlined in the subsequent par. 3.5, registration will be completed upon submission of the request. In case of registration with a request for an Advanced User profile, Scotsman shall proceed to verify its eligibility, and in the case of a request received from a customer of Scotsman or from a Scotsman authorized repairer, Scotsman shall authorize it and consequently enable the User's profile as an Advanced User, with the authorization levels assigned by Scotsman. The User who meets the requirements may ask Scotsman, even during the term of this agreement, to be enabled as an Advanced User. Scotsman shall assess the request and, in case of positive outcome, shall proceed with the related authorization of the User.
3.4. The User who fills out the online form for registration on the Site undertakes to provide truthful and accurate personal data and information, and acknowledges and accepts that, in case of inaccurate information or information not attributable to the User's identity, Scotsman may be unable to complete the registration and/or shall have the right to permanently deactivate and/or suspend the User's access to the Site.
3.5. The registration to the Site is reserved for the Users, as defined above. Therefore, the User represents and warrants to be a User, as defined in the previous article 1, letter f), and to register
on the Site as a customer of Scotsman and/or repairer of Scotsman’s products and/or professional user of the same products, within the scope of his professional activity. By registering on the Site, the User confirms his belonging to one of these professional categories. Scotsman reserves the right to permanently deactivate and/or suspend access to the reserved area of the Site, in case of User's breach of the provisions of this Article 3.5., without prejudice to the right to compensation for damages (both in contract and in tort) that may arise in favour of Scotsman as a result of the User's breach of the aforementioned warranties.
3.6. The User is responsible for the confidentiality of the credentials of his account and undertakes to safeguard them with the utmost diligence. In any case, the User is responsible for all activities carried out on behalf of his account, including the use of the Services made available on the Site for registered Users. The User undertakes to immediately notify the Company of any unauthorized use of his account or any security breach. The Company shall not be liable for any loss resulting from the use of the User's password or account by third parties.
3.7.The subject registering as a representative of a legal entity warrants to have all the necessary powers to carry out the registration and to bind himself to these Terms of Use on behalf of the aforementioned legal entity and to use the Services on the Site on behalf of the same legal entity, thus validly committing the said legal entity towards Scotsman for such purposes.
3.8 The User undertakes to indemnify and hold Scotsman harmless against any damages, losses, liabilities, costs, penalties, expenses, compensation obligations, and/or claims by third parties incurred by Scotsman as a result of the User's breach of the aforementioned registration rules or in any way connected to the use of the Services on the Site or to the maintenance of registration credentials.
3.9 In any case, Scotsman reserves the right to permanently deactivate and/or suspend the User's access to the restricted area in the event of the latter's breach of the obligations, commitments, and warranties set forth in these Terms of Use, as well as in the event of any violation of the law by the User and/or upon request by competent authorities.
4.1.The registration on the Site is reserved for Scotsman’s clients, for repairers of Scotsman’s products and for the professional users of the same products. Therefore, it shall terminate if the User ceases to belong to any of these professional categories for any reason or cause.
4.2.Scotsman shall have the right, at any time and in its sole discretion, to terminate, in whole or in part, the Services available on the Site, as well as to cease the operation of the Site, without liabilities to the User, who shall not be entitled to any refund or compensation. However, this shall not affect the validity of any off line commercial relationship between the User and Scotsman, if existing at the time of termination of the Services and/or the Site. In such cases, Scotsman shall provide communication to the User using the e-mail address provided by the same User during registration or subsequently updated by the User by sending a request to Scotsman at the email address: service@scotsman.it .
4.3.The Company may also impose limitations on certain features and services or restrict the User's access to some sections of the Site or to the entire Site without notice or liability. The Company
may, at any time, revoke the authorization, rights, and license granted above, and upon revocation, the User shall be required to promptly destroy all Materials.
4.4. Similarly, while the validity of any offline commercial relationship with Scotsman remains in place, the User may terminate this agreement at any time and request the deletion of his personal profile on the Site by writing to Scotsman at the email address:service@scotsman.it . It is understood that, upon termination, the functionalities available on the Site, including online access to order history, will no longer be available to the User. The User acknowledges that exercising the right to delete personal data necessary for the use of the services on the Site, the deletion of which would not allow the basic functionality of the Site itself, is equivalent to termination. Similarly, exercising the right to restrict data processing by the User, where the retained processing does not allow the basic functionality of the Site, also constitutes termination of this agreement.
4.5. In the event of termination of this agreement, for any reason or cause, the license granted under these Terms of Use shall expire and cease immediately. Therefore, the User shall no longer be able to access the Site and view the Materials and must destroy any extractions or copies of the Materials in his possession - if any -, promptly confirming in writing to Scotsman that no copies of such Materials remain with the User. Upon termination, for any reason, of this agreement, the User shall no longer be able to access the Site or use its functionalities. The User shall have the right to obtain a copy of the order history sent through the Site in the two years preceding the termination of this agreement, by making a request to Scotsman within 30 days from the deactivation of the account, by writing to the following email address: service@scotsman.it
5.1. The presentation on the Site of spare parts for Scotsman’s products with the indication of their gross list prices constitutes an invitation to the Advanced User to make a contractual purchase proposal by sending an order and not a public offer.
5.2. The purchase order is trasmitted by the Advanced User to Scotsman, by clicking the specific button provided on the Site for sending the order. The order - so transmitted by the User – constitutes a contractual proposal from the Advanced User, subject to the acceptance of Scotsman and is not binding for Scotsman and does not create any obligation on this latter, that shall have the right to accept it or not. Any contract for the sale of spare parts shall be concluded outside the Site, under the conditions agreed upon between the parties to the contract. If the Advanced User is a customer of Scotsman, the contractual conditions already in force between the Advanced User and Scotsman shall apply to this sale.
5.3. The submission of the purchase order is governed by these Terms of Use, which the Advanced User must fully accept before registering on the Site. These Terms of Use are always available in the footer of the Site and the Advanced User can print a copy at any time using the print command and/or store or reproduce a copy for his own records. Additionally, the Advanced User shall have the opportunity to verify the data before submitting the order and correct any input errors, as indicated on the Site. To modify delivery addresses, the User can write to Scotsman at the following email address: service@scotsman.it .
5.4. Following the sending of the order, the User shall receive, at the e-mail address provided during the registration process, an acknowledgment of receipt. Such communication shall not, in any case,
constitute acceptance of the order, but it represents solely a mere acknowledgment of its correct submission.
5.5. The collection of spare parts is in any case at the expense of and arranged by the Advanced User, as indicated in the order submission procedure on the Site. If the Advanced User intends to request delivery, he must make a specific request at the time of order submission, and Scotsman will contact him to provide a specific quotation for the related costs.
5.6. Subsequently, within 7 days from the submission of the order, Scotsman shall confirm to the Advanced User whether the order has been accepted or not. The Advanced User shall then receive a confirmation or rejection of the order via email, through the sending of a specific communication, which, in the case of acceptance, will include the order confirmation and the final summary thereof. Only at this point the contract for the purchase of spare parts shall be concluded.
5.7 Purchase orders sent through the Site will be electronically stored by Scotsman in the computer systems, and the Advanced User will be able to access them in the dedicated section within their reserved area, referring to the orders sent through the Site.
5.8 Advanced Users have the option to submit complaints on the Site regarding the execution of orders sent to Scotsman through the Site and accepted by Scotsman. This functionality is available in the dedicated section of the Site.
6.1. Notwithstanding that Scotsman has no obligation to update and further develop the Site, Scotsman shall provide the User with updates and revisions issued regarding the Site and the Materials published therein. The update is included in this license for its entire duration.
6.2. Without prejudice to Scotsman's right to permanently deactivate and/or temporarily suspend access to the Site and the use of its Services, Scotsman reserves the right to suspend the Services and/or access to the Site for the time necessary for technical maintenance interventions, repair, modification, and/or improvement of the Site, even in the event of the User’s breach of these Terms of Use and/or legal provisions.
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6.3. Therefore, the User acknowledges and agrees that no refund and/or direct and/or indirect compensation shall be due to the same User for any reason arising from any malfunctions of the Site and the Services available therein, nor as a result of the suspension and/or termination, for any reason, thereof. The Advanced User, in fact, may always directly contact Scotsman to order spare parts and to obtain a copy of the orders’ history sent through the Site for the two years preceding the suspension and/or termination of the Site.
7.1. The Site, as well as the trademark “Scotsman” (hereinafter also the 'Trademark') and the Materials published on the Site itself, are protected by intellectual property rights owned by Scotsman.
7.2. The license granted with this agreement does not entail the transfer to the User of any ownership rights over the Site, the Trademark, or the Materials published on the Site, nor ownership
of any kind of rights, outside of the aforementioned license of use for as long as the license itself is effective. Scotsman Ice s.r.l. is and remains the exclusive owner of the ownership rights, including intellectual property rights, relating to the Site, the Materials published therein, and the Trademark, as well as the moral rights and those of economic use thereof, including the right of reproduction, translation, adaptation, transformation, modification, and distribution in any form and without any limitation, including sale, lease, and granting of use, including related copies and modified and/or updated versions of the Site, the Materials and the Trademark. Reproduction and disclosure, in whole or in part, of the contents of the Site, the Materials published therein and the Trademark are prohibited, as well as their transfer - by electronic or conventional means - and their modification for any purpose. Their use, in whole or in part, other than the use by the User within the scope of the license governed by these Terms of Use, is also prohibited.
7.3 All technical information, algorithms, processes, technical manuals, and usage manuals contained on the Site, as well as the content, designs, technical specifications, and all information and news contained in the Materials published on the Site, are to be considered as confidential information and documents owned by Scotsman. The User must treat such confidential information and documents owned by Scotsman in an absolutely confidential manner. In particular, it is not allowed to transmit information or make it available to third parties without the prior written consent of Scotsman. The obligation to maintain confidentiality shall remain effective for a period of 5 (five) years after the termination of this agreement for any reason.
7.4 All trademarks, registered and unregistered, related to the Site and the Materials published therein, including but not limited to the Trademark, remain the exclusive property of Scotsman and/or its rightful owners, without the User deriving any rights over them from the conclusion of this license.
7.5 The User acknowledges and recognizes that trademarks, brands, and all other intellectual property rights related in general to the products purchased from Scotsman and the Materials published on the Site, including but not limited to: patents, logos, trade names, industrial designs, know-how, designs, technical specifications, measurements, etc., are and shall remain the exclusive property of Scotsman. It is understood that the use of the Site does not in any way intend to assign or grant to the User any authorization - not even temporary - to use Scotsman's trademarks, brands, and/or other intellectual property rights. Therefore, the User undertakes to agree in advance in writing with Scotsman any use thereof, even if connected to promotional initiatives and/or advertising/informational material prepared in the interest of both Parties.
7.6. On all copies of the Materials downloaded in accordance with these Terms of Use, the User must retain all copyright notices and other patent notices contained in the Materials in favour of Scotsman and/or the rightful owners. The User may not modify the Materials in any way, nor the User shall reproduce, publicly display, perform, distribute, or otherwise use or communicate the same Materials for any purpose other than the use permitted by these Terms of Use.
7.7 The User shall not transfer, either in whole or in part, the Materials to third parties. The User agrees to comply with any further limitations displayed on the Site, which may result from periodic updates.
7.8. The User undertakes to indemnify and hold Scotsman harmless from any damage, harm, burden, cost, expense, compensatory obligation, and/or claim by third parties arising from or in any way connected to the User's breach of the provisions contained in this article 7.
7.9 In any case, Scotsman reserves the right to permanently deactivate and/or suspend the User's access to the reserved area and terminate this agreement with immediate revocation of the license if the User is in breach of the obligations, commitments, and warranties set forth in this article 7, as well as in the event of breaches of law by the User, improper use by the User of the Site, Materials and Trademark and/or upon request of the competent authorities, without prejudice to Scotsman's right to seek compensation for damages.
8.1.The User undertakes to use the Site and the Materials in accordance with the provisions of these Terms of Use and to comply with all future policies and rules of the Site. The User also undertakes not to use the Site to: (a) transmit spam or unsolicited communications; (b) impersonate the Company or another person; (c) falsify headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Site; (d) misrepresent one's affiliation with a person or entity; (e) act in a manner that negatively affects the ability of other Users to use the Site; (f) use the Site in violation of applicable laws (g) publish or transmit any material that in any way violates the rights of others or that is illegal, abusive, defamatory, vulgar, or otherwise offensive or that contains any advertising or solicitation regarding products or services. In the event of non-compliance with such obligations, Scotsman may suspend and/or permanently deactivate the User's profile and consequently terminate the User's access to the Site, without prejudice to all its legal rights in relation to such non-compliance.
8.2.The User undertakes to indemnify and hold Scotsman harmless from any damage, harm, burden, cost, expense, compensatory obligation, and/or claim by third parties arising from or in any way connected to the User's breach of the provisions contained in this article 8.
8.3.The User is prohibited from: (a) using any device or software capable of interfering with the operation of the Site; (b) taking any action that imposes an unreasonable or disproportionate load on the infrastructure of the Site (such as sending mass emails or "spamming"); (c) interfering with or tampering with the software of the Site or its functionality. This includes posting material on the Site that is infected with viruses or other elements that may interfere with or damage the programming structure of the Site
9.1 The User acknowledges that the licensed version of the Site and the Materials is subject to improvement and refinement, and is subject to enhancements and developments.
9.2. Scotsman does not warrant that the Site is free from errors or malfunctions, nor that it or the Services available therein are suitable to meet the Users' needs and/or always available. The Materials may contain inaccuracies or typographical errors, and the Company does not guarantee their completeness. In this perspective, the User agrees to evaluate the information contained in the Materials on the Site "as is". The User is therefore solely responsible for his use of the Site and the Materials published therein, and the related information.
9.3. If the Users find access to additional services provided by third parties on the Site or in the Materials, they acknowledge and recognize that such services are not related to the products and services provided by Scotsman. The User's activation of such additional services implies his intention to access services unrelated to those provided by Scotsman. The terms of use of such additional services and the processing of personal data collected in the context of such additional services are entirely defined by their respective owners and can be found on their websites and applications. The User acknowledges that the use of third-party additional services involves the collection and processing of his personal data according to the methods and purposes established by such third parties. Scotsman is not responsible for the content and operation of such third-party additional services, nor for the processing of personal data related thereto.
9.4 The Users acknowledge that when using services provided by any other third party in connection with the use of the Site (such as in relation to the web browser used), they will be subject to the Terms and Conditions and the Privacy Policy of those third parties and the Users agree to be aware of and comply with the respective Terms, Conditions, and Policies.
9.5. The costs of web connection and data traffic on the operator's network depend on the type of contract signed by the User with his telecommunications operator and are the responsibility of the User.
10.1. These Terms of Use are governed by Italian law. The applicability of the United Nations Convention for the International Sale of Goods, its updates, and amendments is expressly excluded
10.2. For any dispute concerning the interpretation, execution, and/or application of these Terms of Use, the competent court shall be determined in accordance with Italian law.
11.1. To register on the Site, the User is required to fill out a specific form and provide his personal data. For this purpose, the User must read the specific privacy notice prepared in accordance with Article 13 of the EU Regulation 679/2016 ("GDPR"), which will be made available on the Site.
11.2. Where the Site offers the User the option to fill out a form to provide personal data for specific purposes, there will always be a specific privacy notice prepared in accordance with Article 13 of the GDPR that the User must review before providing the data.
12.1. The possible invalidity or ineffectiveness of one or more clauses of these Terms of Use shall not affect the validity and effectiveness of the other clauses. However, it is agreed that, in such event, Scotsman and the User undertake to negotiate in good faith and to replace the invalid or ineffective clause with another valid and effective clause that achieves, as far as possible, the same economic results and their common intent.
12.2The User shall not have the right to transfer or assign to third parties, either in whole or in part, the rights deriving from these Terms of Use.
12.3. The failure of Scotsman to exercise any right recognized to it by these Terms of Use does not constitute a waiver of such right, nor does it imply the tacit abrogation of the clauses that provide for it.
12.4. For any communication related to the Site and the Materials available therein, please refer to the instructions provided on the Site. Scotsman can be contacted at the following email address: service@scotsman.it