TERMS AND CONDITIONS

 (Site websites andreacusumano.com)

Art. 1 - Object

1. The following terms and conditions represent access to and use of the Rome Vision Clinic website, accessible via the url: www.andreacusumano.com, (hereinafter, the "Holder").
2. This site is owned by Prof. Andrea Cusumano, owner of the Rome Vision Clinic located in Rome, at Via Donatello n. 37; VAT number: 09735380587 The Studio specializes in clinical and surgical ophthalmology, orthoptics and vision rehabilitation.
3. Access to the site and its use, as well as access to the services presented therein, presupposes the reading, knowledge and acceptance of these Terms and Conditions.
4. The use of the site websites of Rome Vision Clinic and the related service is reserved for adult users pursuant to the applicable law and only to persons who fall within the definition of "consumer" pursuant to Legislative Decree no. 206/2005.
5. Access to the site and consultation of its contents are governed by the following provisions ("Terms and Conditions"). The visitor/user (hereinafter the"User") accessing the site websites and consults its contents fully accepts these provisions and is required to respect them.
6. The site does not intend to provide, and does not provide, scientific, medical and/or health advice. The documents published on the site therefore do not constitute opinions of a professional nature. The site is for informational purposes only. Information relating to certain therapeutic areas is published on the site, which cannot under any circumstances replace medical advice.

Art. 2 – Changes to the terms and conditions

1. The Owner reserves the right to modify or update, in whole or in part, these Terms and Conditions. The changes and updates will be notified to users on the Home page as soon as they are adopted and will be binding as soon as they are published on the site websites in this same section. Access to and use of the site presupposes acceptance by the User of these Terms and Conditions.

Art. 3 – Intellectual property

1. The contents present on the site, such as, by way of example, the works, images, photographs, dialogues, music, sounds, videographic reproductions, documents, drawings, figures, logos and any other material, in any format, published on the site itself, including menus, pages websites, the graphics, the colors, the schemes, the tools, the fonts and the design of the site, the diagrams, the layout, methods, processes, functions and the that are part of the site, are protected by copyright and by any other intellectual property right of the owner or any third parties contracted by the same. The reproduction, in whole or in part, in any form, of the site and its contents is prohibited, without the express consent in writing issued by the Owner.
2. Except in the case of temporary acts of reproduction, with no economic significance of their own, considered transient or accessory and an integral and essential part of the same visualization and use of the site. The User is in no way authorized to carry out any reproduction of the site and its contents, on any medium, in whole or in part. These acts must be, from time to time, authorized by Rome Vision Clinic or, if necessary, by the authors of the individual works contained on the site. These reproduction operations must in any case be carried out for lawful purposes and in compliance with copyright and other intellectual property rights and of the authors of the individual works contained on the site.
3. The User is not authorized to copy, obtain, report through link, publish, promote, integrate, use, combine, or in any other way use the contents or the Rome Vision Clinic brand, in the absence of an express written approval from the Owner. In the event that a person uses or combines, in whole or in part, the contents or in any other way takes possession of any intellectual property right of the platform or of any content, he/she will have to assign, transfer and entirely assign such intellectual property rights at Rome Vision Clinic. Any use not in accordance with the law or any of the actions or behaviors mentioned above constitute a material infringement of the related intellectual property rights (including the rights of copyright and database protection).

Article 4 - Services

1. To take advantage of some services on the site websites the User must provide some personal data indicating the requested information in a complete and truthful manner.
2. This site websites it is informative and popular in nature. It is possible to request information on the activities carried out by the Firm, send opinions, forward one's application, as well as receive promotional and informational material through a service of newsletter.

To this end, the User must complete the appropriate form here providing the following personal data:

- name and surname;

– e-mail address and telephone number;

– any additional optional personal data.

The service is free.

3. It is possible to use some services even without contacting the Owner directly. In this case, however, certain functions may not be available.

Art. 5 – Use of the site and responsibility of the User

1. The access and use of the site, the viewing of the pages websites, including communication with the Owner, the possibility of downloading information on the services offered constitute activities conducted by the User exclusively for personal use unrelated to any commercial, entrepreneurial and/or professional activity.
2. The User is personally responsible for the use of the site and its contents. In fact, the Owner cannot be held responsible for any use of the site that does not comply with the laws in force websites and content by each of its users, without prejudice to liability for willful misconduct and gross negligence. In particular, the User will be solely responsible for the communication of information and data that are incorrect, false or relating to third parties, without the latter having given their consent, as well as in consideration of an incorrect use of the same.
3. Furthermore, it is the sole responsibility of the User to ensure that the use of the site websites and/or the service offered does not violate the law, the regulations or the rights of third parties: therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to the site websites or at the service, terminate contracts, report any objectionable activity carried out through the site websites or the service to the competent authorities whenever the User carries out or there is a suspicion that he carries out one of the following activities:

• violations of the law, regulations and / or the Terms;
• injury to the rights of third parties;
• acts that may considerably prejudice the legitimate interests of the Data Controller;
• offenses against the Owner or a third party.

4. Any material downloaded or otherwise obtained through the use of the service is at the user's choice and risk, therefore any liability for any damage to computer o loss of data resulting from the download operations falls on the User and cannot be attributed to the holder.
5. The Owner declines all responsibility for any damage deriving from the inaccessibility of the services on the site or from any damage caused by virus, fillet damaged, errors, omissions, service interruptions, deletion of contents, problems connected to the network, ai provider or to telephone and/or telematic connections, to unauthorized accesses, to alterations of data, to the failed and/or defective functioning of the User's electronic equipment.
6. The User is responsible for the custody and correct use of their personal information, including personal data used to access reserved services, as well as for any harmful consequence or prejudice that may arise for Rome Vision Clinic or for third parties following the incorrect use, loss, theft of such information.
7. The Data Controller has taken all reasonable steps to prevent the publication of contents and images on the site that may be considered harmful to decency, human rights and the dignity of people, in all possible forms and expressions. In any case, if the aforementioned contents are deemed harmful to religious or ethical sensitivity or decorum, the interested User is requested to communicate this condition to the Owner, who however warns that any access to the contents considered harmful or offensive takes place by of the User at his own unquestionable judgment and at his exclusive and personal responsibility.
8. The Data Controller has also taken every useful precaution so that all the information on the site is correct, complete and updated. However, the same does not assume any responsibility towards users for the accuracy and completeness of the contents published on the site, except as otherwise provided by law. If the User finds errors or missing updates of the information on the site, he is requested to notify the Owner using the following e-mail address: cusumano@cusumano.com.

Art. 6 – Exclusion of liability

1. As noted above, the Owner carries out the care and maintenance of the site and its contents with the utmost diligence, however, assumes no responsibility for the correctness, completeness and timeliness of the data and information provided on the site or on sites linked to it. Any liability for errors or omissions deriving from the use of the data and information on the site must therefore be excluded.

2. The Owner declines all responsibility, including the presence of errors, the correction of errors, the responsibility of the server host the site; is also not responsible for the use of the information contained, their correctness and reliability. In no event, including negligence, will the owner be liable for any direct or indirect damage that may result from the use, or inability to use, the materials on the site.

Art. 7 – Limitations to the provision of the service

1. To guarantee the best possible level of service, the Owner reserves the right to interrupt or suspend the Service for maintenance purposes, system updates or for any other modification, with or without notice.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service

2. Furthermore, the service may not be available for reasons beyond the reasonable control of the owner, such as force majeure (by way of example, but not limited to, malfunctions of server, malfunction of installed, computer viruses, actions of hacker or other users having access to the network, etc.).
3. The owner cannot be held responsible for damages resulting from the failed provision of the service due to the incorrect or failed functioning of the electronic means of communication for reasons unrelated to the sphere of its foreseeable control. The user therefore undertakes to indemnify and hold the owner harmless from any liability and/or request in this regard.

Art. 8 - Link of other sites

1. The site may contain hyperlinks to other sites websites of third parties deemed of interest to the visitor. The latter have no connection with it. The Owner does not control or monitor these sites websites and does not guarantee the legitimacy and lawfulness of the relative contents nor the relative management of the data processed therein. The User must therefore carefully read the conditions of use of the third party sites visited and the respective ones privacy e cookie policy, as these Terms and Conditions refer only to this site.

Art. 9 - Link on other pages websites

1. This site can also be reached through third party sites where there will be a link o banner to access the site.

Article 10 – Trademarks

1. All trademarks and distinctive signs present on the site, also relating to the individual activities carried out by the Owner, are exclusive to the Owner himself or to the companies referring to him.
2. The Owner has the right to make exclusive use of the aforementioned brands. Therefore, any unauthorized, unauthorized and/or unlawful use is strictly prohibited and entails legal consequences. It is in no way permitted to use these trademarks and any other distinctive sign present on the site to unduly, even indirectly, take advantage of the distinctive character or reputation of the owner's trademarks or in such a way as to cause damage to them and their owners.
3. The dominance www.andreacusumano.com as well as the various declinations and subdomains are the property of the owner. No use, albeit indirect, is permitted, unless specifically authorized in writing by the owner or owners.

Art. 11 - Privacy e cookie policy

1. Information on the processing of personal data and on cookie are contained in privacy e cookie of Rome Vision Clinic, which can be consulted on the website.

Art. 12 - Safeguard clause

1. In the event that one of the clauses of these Terms and Conditions is void for any reason, this will in no case compromise the validity and full force of the other provisions of the Terms and Conditions, which therefore remain valid and effective.

Art. 13 - Contacts

1. Each request for information can be sent by e-mail to the following e-mail address: cusumano@cusumano.com; by telephone at the following telephone number: +39 063200369; as well as by mail to the following address: Rome, Via Donatello n. 37.

Art. 14 - Applicable law and competent court

1. These Terms and Conditions are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the User. Consequently, the interpretation, execution and termination of the Terms and Conditions are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the User qualifies as a "consumer" pursuant to Legislative Decree no. 206/2005, any disputes must be resolved by the Court of the place of domicile or residence of the same according to the applicable law.

These terms and conditions have been compiled on 11 / 7 / 2023