Terms of service

Terms and Conditions of www.endless.green
These Terms govern:

  • the use of this Website; and

  • any other Agreement or legal relationship with the Owner
    in a legally binding manner. Capitalized terms are defined in the relevant section of this document.

Users are kindly asked to read this document carefully.

This Website is provided by:

Diamantea
Via Ponte dei Assi 109
46042 Castel Goffredo (MN), Italy

Owner’s email address: info@endless.it

At a glance
Please note that certain provisions of these Terms may only apply to specific categories of Users. In particular, some provisions may apply exclusively to Consumers or exclusively to Users acting in a non-consumer capacity. Such limitations are always explicitly stated in each relevant clause. If not mentioned, the clauses apply to all Users.

Terms of Use
Unless otherwise specified, the terms of use of this Website set out in this section apply generally.

Additional terms of use or access applicable in specific situations are expressly stated in this document.

By using this Website, the User declares to meet the following requirements:

  • There are no restrictions concerning whether Users are Consumers or Professional Users.

Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third-party rights. However, achieving this result may not always be possible.
In such cases, without prejudice to any legally enforceable rights or claims, Users are kindly asked to address related complaints using the contact details provided in this document.

Rights regarding content on this Website
The Owner holds and expressly reserves all intellectual property rights over the above content.

Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.

In particular, and without limitation, Users are prohibited from copying, downloading, sharing beyond the specified limits, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/disposing to third parties, or creating derivative works from the content available on this Website, or allowing third parties to undertake such activities through their User account or device, even unknowingly.

Where expressly indicated on this Website, the User is permitted to download, copy and/or share specific content available on this Website for personal and non-commercial use only, provided proper attribution of authorship is given and any other relevant conditions set by the Owner are met.

The limitations and exclusions provided under copyright law remain unaffected.

Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to any resources provided by third parties, including those regarding the granting of rights to content, are determined by those third parties and governed by their terms and conditions or, if absent, by applicable law.

Permitted use
This Website and the Service may only be used for the purposes they are provided for, under these Terms and applicable law.

It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate laws, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, and report any improper conduct carried out through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever the User engages or is suspected of engaging in:

  • violations of laws, regulations, and/or these Terms;

  • infringement of third-party rights;

  • acts that may significantly harm the legitimate interests of the Owner;

  • offenses against the Owner or a third party.

Limitation of Liability and Indemnity

Australian Users
Limitation of Liability
Nothing in these Terms excludes, limits, or modifies any guarantee, condition, indemnity, right, or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation and that constitutes a right that cannot be excluded, limited, or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to a new supply of services or the payment of the cost of resupplying them.

U.S. Users
Disclaimer of Warranties

The Owner provides this Website “as is” and “as available”. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly disclaims all conditions, agreements, and warranties of any kind—whether express, implied, statutory, or otherwise—including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User shall be solely responsible for any damage to their computer system or mobile device or loss of data resulting from such download or use of the Service.

The Owner does not guarantee, endorse, warrant, or assume responsibility for any product or service advertised or offered by third parties through the Service or any hyperlinked website or service. Furthermore, the Owner does not monitor or participate in any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or may not function properly with the User’s browser, device, and/or operating system. The Owner shall not be held responsible for any perceived or actual damages arising from the content, operation, or use of the Service.

Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to some Users. This Agreement gives Users specific legal rights, and they may also have other rights that vary from state to state. The disclaimers, exclusions, and limitations under this Agreement shall apply to the extent permitted by applicable law.

Limitation of Liability 

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for:

  • any indirect, intentional, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or the inability to use, the Service;

  • any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;

  • any error, omission, or inaccuracy in the content;

  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

  • any unauthorized access to the Owner's secure servers and/or any personal information stored therein;

  • any interruption or cessation of transmission to or from the Service;

  • any bugs, viruses, trojans or the like that may be transmitted to or through the Service;

  • any error or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; and/or

  • the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the total liability of the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees exceed the amount paid by the User to the Owner in the 12 months prior, or for the duration of this agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of the legal theory under which liability is claimed, even if the Owner had been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to the User. These Terms give the User specific legal rights, and the User may also have other rights that vary from jurisdiction to jurisdiction.

Indemnification
The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses – including but not limited to legal fees – arising from:

  • the User’s use of or access to the Service, including any data or content transmitted or received by the User;

  • the User’s violation of these Terms, including but not limited to any breach of any representation or warranty under these Terms;

  • the User’s violation of any third-party rights, including but not limited to privacy or intellectual property rights;

  • the User’s violation of any applicable law, regulation, or rule;

  • any content submitted from the User’s account, including misleading, false or inaccurate information, or access by third parties using the User’s personal credentials;

  • the User’s willful misconduct; or

  • the User’s violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent allowed by applicable law.

General Provisions

No implied waiver
Failure by the Owner to assert any legal rights or claims under these Terms shall not constitute a waiver of such rights. No waiver shall be deemed final with respect to a specific right or any other right.

Service interruption
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, giving appropriate notice to Users.

To the extent permitted by law, the Owner also reserves the right to suspend or terminate the Service entirely. In the event of termination, the Owner will make every effort to allow Users to retrieve their Personal Data and information in accordance with legal provisions.

Furthermore, the Service may be unavailable for reasons beyond the Owner’s reasonable control, such as force majeure events (e.g. strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, either directly or through a legitimate reseller program.

Privacy Policy
Information regarding the processing of Personal Data can be found in the privacy policy of this Website.

Intellectual property
Without prejudice to any more specific provisions in these Terms, all intellectual and industrial property rights—such as copyrights, trademarks, patents, and design rights—related to this Website are held exclusively by the Owner or its licensors and are protected under applicable laws and international treaties.

All trademarks—whether word marks or figurative marks—and any other distinctive signs, trade names, service marks, illustrations, images, or logos appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.

Modifications of the Terms
The Owner reserves the right to modify the Terms at any time. In such case, the Owner will duly inform Users of the changes.

The modifications will affect the relationship with the User only in the future.

Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.

The previous applicable version will continue to govern the relationship until the User accepts the updated Terms. This version can be requested from the Owner.

Where required by applicable law, the Owner shall specify the date by which the changes to the Terms will come into effect.

Assignment of the Contract
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract individual or all rights and obligations under these Terms, having due regard to the legitimate interests of the Users.

The provisions regarding amendments to these Terms apply accordingly.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts
All communications related to the use of this Website must be sent to the contact details provided in this document.

Severability Clause
If any provision of these Terms should be or become null or invalid under applicable law, the nullity or invalidity of such provision shall not affect the validity of the remaining provisions, which shall therefore remain in full force and effect.

US Users
Any invalid or unenforceable provision shall be interpreted and adapted to the extent necessary to make it valid, enforceable, and consistent with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter regulated herein and supersede all prior communications, including previous agreements, between the parties concerning the subject matter.
These Terms shall be enforced to the fullest extent permitted by law.

European Users
If any provision of these Terms is or becomes void, invalid, or unenforceable, the parties shall endeavor to amicably agree upon a valid and enforceable provision substituting the void, invalid, or unenforceable one.
In the event no agreement is reached, and if allowed or provided for by applicable law, the void, invalid, or unenforceable provision shall be replaced by the applicable statutory regulation.

Notwithstanding the foregoing, the nullity, invalidity, or unenforceability of a specific provision of these Terms shall not render the entire Agreement null and void, unless the invalid, void, or unenforceable provisions are essential or of such importance that the parties would not have entered into the contract if they had known the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Governing Law
These Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document, regardless of conflict of law rules.

Exception for European Consumers
However, notwithstanding the foregoing, if the User acts as a European Consumer and has their habitual residence in a country whose law provides a higher level of consumer protection, that higher level of protection shall prevail.

Jurisdiction
Exclusive jurisdiction to settle any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers
The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

Definitions and legal references
Last modification: April 4, 2023

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