Terms and conditions of use

This document sets forth the general terms and conditions under which users are offered the use of the website thenour.it, which provides IT and Management Services.

1. Definitions

Owner: Francesca Beretta, with registered office at Via San Cassiano, 20 – 25080 Padenghe sul Garda (BS) – info@thenour.it

Application: website: https://www.thenour.it

User: any person who accesses and uses the Application

Conditions: this contract governing the relationship between the Owner and the Users.

2. Detailed Information on the Application’s Offer

The Application provides Users with Management Software for Aesthetic Medicine, Dermatology, and Plastic Surgery. It allows for the management of patient medical records, treatment plans, services and medical follow-ups, B2C invoicing, and more.

3. Scope of the Conditions

Use of the Application implies the User’s acceptance of the Conditions. If the User does not intend to accept the Conditions and/or any other notice, legal disclaimer, or information published or referenced herein, they may not use the Application or the related services.
The Conditions may be unilaterally modified at any time. Any changes shall take effect from the moment they are published on the Application. Before using the Application, the User must carefully read the Conditions and save or print them for future reference.
The Data Controller reserves the right, at its sole discretion and at any time, to modify the graphical interface of the Application, its contents and organization, as well as any other aspect related to the functionality and management of the Application, providing Users with instructions where necessary.

4. Creative Commons License

The contents and/or materials available on the Application are made available under the terms of the “Creative Commons Public License CC BY 4.0 IT” (hereinafter “License”).
The contents and/or materials available on the Application are protected by copyright, other related rights (such as database rights), and/or applicable laws. Any use of the contents and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below provided that the User agrees to comply with the terms and conditions of the License.

5. Disclaimer of Warranty

The Application is provided “as is” and “as available,” and the Owner makes no express or implied warranties regarding the Application, including but not limited to any warranties that the Application will meet the User’s requirements, operate without interruption or errors, or be free of viruses or bugs.

The Owner will make every effort to ensure that the Application is available continuously, 24 hours a day, but shall not be held liable if, for any reason, the Application is unavailable or inoperative at any time or for any period. Access to the Application may be temporarily suspended without notice in the event of system failure, maintenance, repair, or for reasons beyond the Owner’s control, or due to force majeure events.

6. Limitation of Liability

The Owner shall not be held liable to the User, except in cases of willful misconduct or gross negligence, for service interruptions or malfunctions related to internet use beyond the Owner’s or its providers’ control.
The Owner shall not be liable for any damages, losses, or costs incurred by the User due to the non-performance of the contract for reasons not attributable to the Owner.
The Owner assumes no responsibility for any fraudulent or unlawful use of credit cards or other payment methods by third parties.

The Owner shall not be liable for:

• Any loss of business opportunities or any other indirect losses suffered by the User that are not a direct consequence of a breach of contract by the Owner;
• Incorrect or inappropriate use of the Application by Users or third parties.

In no event shall the Owner be held liable for an amount exceeding twice the cost paid by the User.

7. Force Majeure

The Owner shall not be held liable for the failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control, caused by force majeure events or other unforeseen, unpredictable, and unavoidable events beyond its will.
The Owner’s obligations shall be considered suspended for the duration of such force majeure events. The Owner will take all reasonable steps to identify solutions that enable the proper fulfillment of its obligations despite the persistence of force majeure events.

8. Links to Third-Party Sites

The Application may contain links to third-party websites or applications. The Owner has no control over these and is therefore not responsible for their content. Some of these links may direct to third-party websites or applications that provide services through the Application. In such cases, the terms and conditions for the use of those websites/applications and the use of their services shall apply, and the Owner assumes no responsibility in this regard.

9. Privacy

The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be consulted at thenour.it/informativa-privacy.

10. Governing Law and Jurisdiction

These Conditions are governed by Italian law. For any dispute relating to the application, execution, or interpretation of these Conditions, the competent court shall be that of Padenghe S.G. (BS), Italy.