General Terms and Conditions of Use

LIBURNA SDS – SMART DELIVERY SYSTEM

Last update: 19 October 2020

Flashpoint srl (hereinafter also referred to as “FLASHPOINT” or “provider”) provides the User (hereinafter also referred to as “Customer”) the features of an online platform/app named “LIBURNASDS” whose subject is the provision of an information exchange service between the company, providing specific goods, and a third party of the latter.

Information can be:

Required or recommended pursuant to EU Regulations in force;

Optional but strategic in relation to the marketing, operational safety, professional users and customers’ protection.

By Using “LIBURNASDS”, either in Desktop mode and mobile mode, users acknowledge and agree with these general conditions of use, the Privacy Policy and the Users Policy in their entirety.

If a User does not accept them, we kindly ask not to use the platform. These terms and conditions of use (“General Terms and Conditions of use” or “GTC”), together with further terms and conditions into the “Privacy Policy” and into the “Users Policy”, regulate the provision of the services offered by the company:

Flashpoint S.r.l.,

with registered office in Via Norvegia n. 56,

56021 Cascina (PI),

VAT Code 01479600502,

R.E.A. VAT Code 10782,

email info@flashpointsrl.com,

CEM: info2@flashpointpec.eu, tel. (+39)050/716900, fax (+39)050/716920.

Users should print and file these GCU (General Terms and Conditions of Use.)

In order to access the website/App “LIBURNA SDS” and the related services you must be a User, as hereinafter defined:

DEFINITIONS, PREMISES AND ANNEXES

Pursuant to these Terms and Conditions of Use, it is meant by:

–“Liburna SDS” a system, a method, a software and a platform that enables users to enter, view and/or exchange of information. Especially Liburna Code allows the subscribers to associate the aforementioned information with QR Code of a product; this way, who owns this QR Code and is authorized by the Subscriber/Registered Customer, can access the platform, view the information related to the product by reading the QR Code, and send a related report to the Subscriber/Registered Customer.

–“Platform” is the implemented system and the method through the website: www.liburnasds.it.

–“Software Liburna”  is the program named LIBURNA SDS that runs the Platform once that it is installed and configured on a device.

–“Product”  a product whose provision of information is required, recommended or strategic.

–“QR Code” a code that enables to view the information related to a product.

–“QR Code Bulk” a code that enables to view two or more related products’ informations that are subject of a Subscriber/Client’s shipment.

-“Contents/Information” information related to a product which contains chemichals regulated by an EU standard, when the latter is introduced in a supply or business chain (e. g. technical documents required by the Regulation no.1907/2006 REACH and subsequent amendments, compliance statement required by the guideline 2011/65/CE, performance declaration required by the Regulation no.305/2011, etc.) or strategic information related to marketing, safety of use, professional users and customers protection.

Informations are directly introduced by subscribers as Registered Customer/Subscriber, and made available to be viewed by them and by Third Parties authorized by the Subscribers.

-“Registered Customer/Subscriber” is the natural or legal person that access to Liburna SDS and therefore produces, delivers, imports, or is responsible for the placing of a product on the market and, for this, provides information to the buyers. The Registered Customer/Subscriber is enabled to enter the Contents (information) in the Platform.

-“Third Party” is the natural or legal person that purchases or receive a Product from a Registered Customer/Subscriber. The Third Party is a User who’s not entitled to enter the Contents (Information) in the Platform. The third Party is entitled to submit feedbacks related to a Product through the Platform.

-“Subscription”  is the subscription of a user on the Platform by providing personal data and other information required by the system. During the subscription the user chooses an ID Code (User ID) and a password that will be used to access the Platform.

-“Customer ID”  is the unique for persons with a VAT registration number and resident in the EU, it is the VAT number of the Third Party, which consists of abbreviation of the their party’s nation (e. g. IT for Italy, DE [GE] for Germany, ES [SP] for Spain and so on) and an alphanumeric or numeric sequence; while for third parties without a VAT registration number  and resident outside of the EU it consists of a random alphanumeric code assigned to the third party after the subscription when Flashpoint S.r.l. enables the Registered Customer/Subscriber registered as a Third Party.

-“Authorization”  is the authorization provided by a Registered Customer/Subscriber to a Third Party in order to see the Contents (Information) introduced in the Platform by the Subscriber/Customer. In order to obtain the aforementioned authorization the Third Party  must provide the Registered Customer/Subscriber with the Customer ID and, once it has been received, the Third Party is  enabled to view all or a part of the Contents,.

-“Feedback” a notification that the Third Party submits to the Registered Customer/Subscriber related to the Product, through the Platform.

“Membership Contract to the platform Liburna Code” is an additional agreement between the Registered Customer/Subscriber and Flashpoint that regulates the payment of an amount, owed by the Registered Customer/Subscriber to Flashpoint S.r.l. related to the use of the Platform.

-“ Time Stamp”  is a service provided by an accredited Certifying Body, that allows to associate the date and the hour legally valid to an electronic document, therefore it permit to associate a time validation to enforceable against third parties. (cfr. art. 20 c.3 D. Law. 82/2005).

-“ Tech Specs” including the platform and service description and the technical specifications of the service provisions as well as the data filing method.

-“Service Level Agreement (SLA) the description of the hosting service provision’s method of the data uploaded on the platform.

The definitions, the premises and the attachments are a substantial part of these GCU. Especially the following documents are attached to this document: Privacy Policy e Users Policy.

You can see the platform by checking www.liburnasds.it and the related mobile version, that is available through the App that you can access following the registration and a fee payment.

GENERAL CONDITIONS OF USE

 The user shall read these general conditions of use (“General Conditions of Use”) before using the Services provided by FLASHPOINT. By using such services, these General Conditions of Use” are intended to be accepted in their entirety.

PRIVACY

Users shall consult the Privacy Policy and the Cookie Policy that regulate the use of the Services provided by FLASHPOINT srl.

ELECTRONIC COMMUNICATIONS

FLASHPOINT can communicate with the User in several ways, e. g. by e-mail, text messages (SMS), App notifications, by disclosing messages and communications on the platform/APP or through other services. Pursuant to law, and for the purposes of these Terms and Conditions of Use, the Subscriber agrees to receive from FLASHPOINT communications in electronic form and agrees furthermore that every contract, notification, information and other communications provided electronically, comply with the requirement of the written form, as provided by law.

LICENCE TO ACCESS THE SERVICES

All of the rights non expressly conferred by these General Conditions of Use or by the Terms of the Service, are entitled to FLASHPOINT srl or to its licensors, Registered Customers/Subscribers, editors, owners or other services’ Registered Customers/Subscribers.

It is not possible to disclose, duplicate, copy, sell, resell, visit or use in any other commercial way the services provided by FLASHPOINT in its entirety or in part without prior specifically written consent. It is furthermore impossible to frame or use framing techniques in order to unlawfully take possession of any mark, logo or other information (including images, text, page settings or format) whose owner is FLASHPOINT without prior specifically written consent by the same. Any meta-tag or other “hidden text” by using names or marks owned by FLASHPOINT is forbidden without prior specifically written consent by the latter.

User is entitled to use the services provided pursuant to law. The breach of these General Conditions of Use can imply the withdrawal of the authorization to use the platform/App by FLASHPOINT.

SUBJECT AND DESCRIPTION OF THE PLATFORM

These GCU regulate the services provided by FLASHPOINT through its website/App.

LIBURNA SDS provides an information’s exchange service between the Registered Customer/Subscriber and a Third Party (supplier) of a specific good and vice-versa.

The information exchanged between the subjects can be required, recommended pursuant to EU Regulations in force, or strategic related to marketing, safety of use, professional users and customers’ safety along the supply chain (substances, blends, single items) and applicable to any industrial sector.

Contents (information) are introduced in the platform by the Registered Customer/Subscriber that shall be the sole responsible for them, making them available to the Third Parties authorized by the latter.

Flashpoint runs the platform exclusively from a technical point of view and doesn’t carry out any check on the contents introduced by the Registered Customer/Subscriber, but if the latter is found to be in breach, Flashpoint is entitled to delete or block the content’s consultation.

PLATFORM SUBSCRIPTION

The use of the platform is only accorded to those that subscribed to the website/App  www.liburnasds.it and obtained their credentials as Registered Customer/Subscriber and are also required be in compliance with: these conditions, those disclosed on the website and those provided by the tech specs. The subscription implies the entering of some user’s personal data (including but not limited to, company name, registered office, Vat code).

In order to complete the subscription procedure, the user shall accept and underwrite these GCU, as well as possibly provide consent to the processing of personal data where required.

In order to correctly create the aforementioned account, as well as the correct use of the platform, users shall provide his personal data complete, correct and truthful and keep them updated. The Provided is entitled to check on the thoroughness of the information provided by the User.

If the required information is not provided, untruthful, uncomplete or uncorrect Flashpoint srl will be entitled not to continue the procedure of subscription and/or the procedure of use of the platform, as well as require further documents and/or clarifications.

PERSONAL ACCOUNT

The access credentials are disclosed for free; they are also strictly personal and must not be issued to third parties.

The first authentication credential notification (username and Password) is submitted by Flashpoint srl to the e-mail address provided while subscribing.

Suddenly, at the moment of the first use, users must edit their password.

In order to properly create a password, users must respect the following rules:

– use at least 8 alphanumerical characters, including if possible special character (*,$,%…);

– avoid to include name, surname and/or identification elements;

– avoid using predictable, common or already used passwords

The user is the sole responsible for the confidentiality and storage of his own credentials and, therefore, he is the sole and unique responsible for the purposes related to them (including damages, legal consequences   etc.)

The user must file with properly accurate diligence the access credentials and shall check the access to his own devices. In case of theft or loss of the credentials, as well as the latter are going to be used, or are being used, in an illegitimate, unauthorized or unlawful way, the user shall promptly notify the Provider at the following contact details: e-mail info@flashpointsrl.com, CEM info2@flashpointpec.eu, tel. (+39)050/716900, fax (+39) 050/716.920 and suddenly modify them.

It shall be understood that the user is the sole and only responsible for the consequences arising from theft/loss of the credentials to access the platform. The Provider is entitled to accept, negate and/or amend any of the request of subscription in its sole discretion

The subscriber is, however, entitled to ask at any time the cancellation of its own profile.

OBLIGATIONS, LIABILITIES AND RIGHTS OF THE CUSTOMER/USER

Those that subscribe as Registered Customer/Subscriber shall immediately:

• act in the performance of their professional or entrepreneurial activity;
• enter truthful information;
• upload and issue documents of which they are the sole owner or having a free disclosing character.

Users can access the platform in order to promptly issue the contents required by the related regulations on the products, and to issue the updates of the contents.

The Registered Customer/Subscriber is the owner of all the contents entered by the same in the platform.

It is forbidden for those who subscribe:

• to upload illegal or unlawful contents against the national and international laws;
• to use contents protected by industrial property’s rights.

Users must always be in good faith while using the platform, pursuant to these GCU, to the Privacy Policy and to the Users Policy.

Users accept and shall not use the provided Services in order to cause, or potentially cause, blockings, damages, malfunctioning to the Services and the related features, or for fraudulent purposes or, in any case, with the aim of committing illegal activities as well as causing any inconvenience, prejudice or apprehension.

The Registered Customer /Subscriber acknowledges and agrees that FLASHPOINT is entitled to edit the technical features of the platform and/or those of the system when needed or for technological-organization reasons.

The Registered Customer/Subscriber shall not lodge any complaint regarding any malfunctioning, if he didn’t follow the directions provided by Flashpoint or he refused the control on the data or on the access method to the platform.

OBLIGATIONS, LIABILITIES AND RIGHTS OF FLASHPOINT

– Flashpoint shall not be responsible in any case for the content of the data and any other information entered by the Registered Customer/Subscriber in the platform.

– Flashpoint does not check any of the contents entered in the platform, nevertheless if the latter is found to be in breach, Flashpoint will promptly contact the competent authorities.

Especially, pursuant to art. 17 D. Law 70/2003, if required by the legal authority, Flashpoint will provide all the information needed to identify the users in order to prevent illegal activities.

– Flashpoint srl shall make the platform available in a perfectly functioning state, pursuant to the tech specs and according to the Service Legal Agreement, in order fulfill the aim for which it has been created.

– Flashpoint shall correct the errors that may cause an incomplete or unsuitable functioning if the latter is not exorbitant to compared to the features of the platform.

Flashpoint is entitled to request the load on the server and/or the use of the system’s resources caused by an account (e. g. an excess of upload or download of files all in the same time) to be brought back within the limits for a shared hosting, if this request would be refused, Flashpoint can suspend the provision of the service.

Flashpoint shall not be considered as a responsible for any kind of damages that the Registered Customer/Subscriber or thirds may suffer due to the use of the platform or as a consequence of delays, suspensions, blocks, flaws, malfunctioning of the service arising by a cause non-related to Flashpoint.

Updates of the platform/software are at the sole discretion of Flashpoint.

INTELLECTUAL AND INDUSTRIAL PROPERTY

Flashpoint is the sole owner of the platform named “Liburna SDS” and the related App.

The system “Liburna SDS” and the App, the software and the content of the platform are protected by the laws related to intellectual and industrial property.

Flashpoint is the owner and sole licensor of all the rights related to intellectual and industrial property including rights on the logo and license.

The access to the platform does not imply any transfer, license or right of use of the system in favour of the User but only a right to access and use the Platform pursuant to the regulation and pursuant to law.

Users shall respect and not breach the copyright and the other rights of intellectual or industrial property related to the system and to the software.

BREACH OF THE TERMS OF USE

The Provider is entitled to suspend and/or delete the account, block the access to the website and to the App, in its entirety or in part, temporarily or permanently, in case of breach by the user, of one or more of the obligations provided in these Terms, in the Privacy Policy, and in any other case at its sole discretion.

The user, following the notification by the Provider of these GCU obligations’ breach, shall promptly, and however within 24 hours, cancel the cause of the dispute and/or provide appropriate documentation in support of his reasons. In case of failure respect these provisions within the deadline, or if the reasons of the users are judged as inadequate, Flashpoint is entitled to terminate the contract with an advance warning of 72 hours, notwithstanding the right of the Provider to act for the refund of the potential suffered damages, as well as the right to act in the most appropriate way including report to the judicial authority.

EXPRESSLY AGREED CANCELLATION CLAUSE

The users’ obligations provided in these “General Conditions and Terms of Use”, have essential character, and as provided by this agreement, the breach of one or more of them, other than by force majeure or unforeseeable circumstances, shall imply the termination of the contract pursuant to art.1456 c.c., without any court judgment needed.

Notwithstanding, however, the right of Flashpoint srl to not make use of this clause and require the fulfilment of the obligations of this contract, being in any case entitled to receive every compensation for damages.

APPLICABLE LAW AND JURISDICTION

These GCU are regulated and shall be respected pursuant to the Italian Law.

This Contract has been written in Italian.

In case of contradiction between potential versions of these GCU translated in a language different from Italian and accepted by the Third Party, the meaning and the interpretation of the GCU written in Italian.

For any dispute arising from these GCU or their enforcement, the only competent court is the Court of Pisa.

PERSONAL DATA PROCESSING

Personal data processing, whose Holder is Flashpoint srl, is fulfilled pursuant to the related regulation in force. In order to see the methods of processing, please refer to the related Privacy Policy.

AMENDMENTS OR CHANGES TO THE CONDITIONS

The Provider is entitled to edit the APP, these GCU, the Privacy Policy and the Users Policy at any time in order to provide new products or provide new services, that is to say to comply with law provisions or new regulations. Users will be subject to the terms and policies of the GCU in force from time to time, unless potential amendments are required by law or by competent authorities. (in this case they will be valid even for previous orders).

BY KEEPING USING THE SERVICES FOLLOWING THE IMPLEMENTATION OF THE AMENDMENTS, THE USER ACCEPTS THEM IN THEIR ENTIRETY. OTHERWISE THE USER SHALL CANCEL HIS REGISTRATION.

If any provision of these GCU is held to be invalid, null or for any reason unenforceable, this condition will not however affect the validity and effectiveness of the other provisions.

WAIVER

In case of breach by the user of these General Conditions of Use, the failure by Flashpoint to exercise the right to act towards the Third Party shall be not considered as a waiver to act by the provider for the breach of user’s obligation.

CONTACTS
For further notifications please contact the Provider at the following addresses:

• FLASHPOINT S.r.l. Via Norvegia, 56 Cascina (PI) 56021,
• email info@flashpointsrl.com,
• CEM info2@flashpointpec.eu,
• (+39)050/716900,
• fax (+39) 050/716.920.

Pursuant to art.1341 and art.1342 c.c. the user, having carefully read every clause, and having carefully examinated the provisions of the articles related to the General Condition of Use,  “Platform Subscription”, “Personal Account”, “Obligations, Liabilities and Rights of the User”, “Intellectual and Industrial Property”, “Conditions of Use’s Breach”, “Expressly agreed Cancellation Clause”, “Applicable Law and Jurisdiction”, “Amendments or Changes of the Conditions”, “Waiver”, approves and accepts them.