Art. 1 – Agreement
1.1 These general terms and conditions of agreement (the “Agreement”) govern access to the services, content, and information offered by MATREC S.r.l. (“MATREC”) for payment of a fee, through this website (the “Site”). The user (the “User”) intending to utilize such services shall carefully read and fully accept this Agreement, through the specific acceptance option viewable online during the completion of the MATREC subscription purchase process.
Art. 1-bis – Definitions
MATREC: MATREC S.r.l., with registered office, VAT/Fiscal Code as specified in Art. 9.
Site: The website accessible at the URL www.matrec.com, including all digital content and functionalities hosted therein.
Agreement: These General Terms and Conditions of Agreement.
User: Any natural or legal person who has accepted the Agreement.
Services: The services, content, information, and functionalities accessible via the Matrec Site, as described in Art. 3.
Subscription: The plan for accessing the Services with a duration of twelve (12) months, purchased by the User.
1.2. The User of the services must also carefully read and fully accept the Privacy Policy provided by MATREC on this Site, which is drafted in compliance with the current legislation on personal data protection, including the General Data Protection Regulation (EU Regulation 679/2016 – GDPR), thereby consenting to the processing of their personal data.
Art. 2 – Acceptance and Duration of the Agreement
2.1. The Agreement shall be deemed perfected upon the completion of the purchase process for the specific chosen Subscription. The relevant confirmation will be immediately transmitted by MATREC to the email address indicated by the User during the purchase process in the “Information for your new account” section. MATREC shall also send the due invoice to the email address indicated by the User, also during the purchase process, in the “Billing Information” section.
2.2. Access to the services, content, and information offered by MATREC shall have a duration of twelve (12) months starting from the completion of the relevant purchase process. The Agreement shall not be automatically renewed. Thirty (30) days prior to the expiration of the Agreement, MATREC shall notify the User via email, inviting them to renew the service. In case of failure to renew upon the expiry of the twelve (12) months, the access codes to the services shall cease to function.
Art. 3 – Subject Matter of the Agreement and Modalities of Service Use
The subject matter of the Agreement is the provision of the Services as set forth in the commercial proposal detailed on the Site (www.matrec.com/en/subscription), accepted by the User (the “Order”), which constitutes an integral and essential part of this Agreement.
3.1. This Agreement shall apply to all the different types of Subscription offered by MATREC to its Users. In accordance with Article 7, letter I, Italian Legislative Decree 70/2003, the summary table of services, contents, and information that the User may utilize by subscribing to each Subscription offered by MATREC is provided.
3.2. Following the online acceptance of this Agreement and the completion of the purchase process for a specific Subscription, the User will be enabled with the access codes (User Name and Password) required to utilize the services available on the Site.
Art. 4 – User Obligations
4.1. The Subscription to the Agreement must be understood as unique, personal, and non-transferable to third parties. MATREC’s services may only be utilized by the User who concluded the Agreement, who shall therefore not disclose the relevant access codes to third parties in any way and must keep them with the utmost diligence and confidentiality.
4.2. The User shall not, in any way, commercialize, sell, reproduce, distribute, communicate, or publicly display texts, data, materials, information, and images present on the Site, nor shall they, in any case, use them for purposes extraneous to or different from the informative, research, and in-depth nature to which the MATREC services are intended. MATREC grants the User a limited, non-exclusive, and non-transferable license to view and use the content for the entire duration of the Agreement. Upon termination of the Agreement, the User will no longer be authorized to use information, images, or other visual and textual documentation from Matrec. Any further use of the Site’s content must be expressly requested from MATREC via email at info@matrec.com and shall be subject to a specific confirmation and authorization response from MATREC in this regard. The User’s requests shall in no way be deemed accepted if MATREC fails to respond, for any reason, to such requests.
4.3. The User undertakes not to use the Site for unlawful purposes and not to damage the Site itself, or other sites by means of the MATREC Site, not to disseminate through the Site news or images with content prejudicial to third parties or that, in any case, have no connection with the themes addressed by the Site, and not to disseminate advertising material without the prior written authorization of MATREC. Any unlawful, improper, or otherwise unauthorized activity on the Site shall constitute valid grounds for termination of the Agreement and consequent cessation of access to the Site’s services. In such a case, MATREC shall not be obliged to refund the sums paid by the User for the Subscription and reserves any right and action against the User to protect its interests. Furthermore, Matrec reserves the right to suspend and/or interrupt the use of the Platform or services or to disconnect (temporarily or definitively) the User’s account without recognizing any refund, indemnity, and/or compensation, should it become aware or determine, at its sole and unquestionable discretion, that the User has violated or is violating the provisions of this Agreement, as well as the current legislation on the matter, including the legislation on personal data protection (including EU Regulation 679/2016), by notifying the Customer via e-mail.
Art. 5 – MATREC Obligations
5.1. MATREC undertakes to keep the service active and efficient for the entire duration of the Subscription. MATREC shall not be liable and may interrupt the provision of the service due to technical problems, ordinary and/or extraordinary maintenance, power outages, connection problems, cyberattacks (DDoS or others), server or network failures not attributable to willful misconduct or gross negligence, force majeure events, including natural events, third-party service disruptions, or provisions of administrative and/or judicial authorities.
5.2. MATREC undertakes to ensure that such interruptions and/or malfunctions are promptly overcome and resolved as quickly as possible. The User acknowledges that MATREC may interrupt the service for the aforementioned reasons, as well as in the presence of motivated security problems and/or confidentiality guarantees, by notifying the User through any means. The User acknowledges and accepts that in the aforementioned cases, they may not claim any compensation and/or indemnity for the interruption and/or malfunction of the service.
5.3. MATREC shall have the right to technically modify the graphical structure of the Site, as well as to vary access modalities to the Site or its sections at its own discretion, by giving relevant communication to the User. MATREC may also modify, integrate, and replace articles, images, data, and other content of the Site at its discretion and at any time.
Art. 6 – Intellectual Property Rights
6.1. MATREC Ownership MATREC is a regularly registered trademark. All Original MATREC Content (including texts, proprietary analyses, graphic elaborations, consultation and search software, excluding third-party content as defined in subsequent Art. 6.3) are the exclusive property of MATREC S.r.l. and are protected by Law No. 633 of April 22, 1941, and subsequent amendments. All rights of reproduction, distribution, processing, transformation, commercialization, and sponsorship of the Original MATREC Content are expressly reserved.
6.2. Distinguishing Marks Any trademark, logo, and other distinguishing mark (the “Distinguishing Marks”) present on the Site is the exclusive property of MATREC, or of third parties who have granted MATREC their use based on suitable licenses and/or authorizations. The User does not acquire any right over the Distinguishing Marks by subscribing to the Agreement and shall not use or exploit them in any way, except with MATREC’s prior written authorization.
6.3. Third-Party Content and Source Citation.
6.3.1. The User acknowledges that the Site may include content (texts, images, data, news) originating from external and third-party sources (e.g., corporate websites, institutional sources), explicitly cited through hyperlink or textual reference. Such third-party content remains the exclusive property of the respective copyright holders and is reproduced by MATREC pursuant to the provisions in force regarding the right of news reporting and summarization (Art. 70 Law No. 633/1941) or based on specific license agreements.
6.3.2. MATREC provides no warranty, explicit or implicit, as to the accuracy, completeness, or timeliness of third-party content and, therefore, assumes no liability for errors or omissions relating to such content. MATREC’s sole responsibility is limited to the correct citation of the source from which the content was drawn.
6.3.3. The User undertakes not to extract or republish, in whole or in part, the third-party content present on the Site without the prior and specific consent of the respective copyright holder.
Art. 7 – Links to Other Websites
The Site contains links to other websites. MATREC shall not be responsible for any damages potentially deriving from navigation on such sites and their content. Linking via links to other websites in no way implies that MATREC has commercial and/or collaboration and/or sponsorship and/or affiliation relationships with the subjects who own and/or manage them.
Art. 8 – Liability and Limitation
8.1. MATREC shall not be liable for any damages, direct or indirect, suffered by the User as a result of modifications made by MATREC to the Site and its contents and services, as well as delays, interruptions, malfunctions, deletion of files, difficulty or total or partial impossibility of connection to the internet, including for causes and events referred to in Art. 5.1 above. MATREC shall also not be liable for the possible transmission of viruses and harmful content in any case on the User’s computer.
8.2. MATREC shall not be liable – for any reason and towards both the User and third parties – for any unlawful, improper, or incorrect use of the Site and its contents by the User or third parties.
8.3. In any case, MATREC’s liability for any damage arising from this Agreement is limited to the maximum aggregate amount equal to the total fee paid by the User for the Subscription in the current year. MATREC shall not be liable for indirect damages, loss of earnings, loss of profits, or loss of business opportunities. Furthermore, MATREC shall in no way be responsible for the functioning and content of external sites that are outside MATREC’s control and are reachable through links present on the Site.
8.4. MATREC shall not be liable for any damage, direct or indirect, resulting from the use of the information contained on the Site. The information, data, and content of the Site could be technically inaccurate or contain typographical errors.
8.5. Disclaimer on the Availability of Third-Party Content. The User acknowledges and accepts that the Site (www.matrec.com) contains hyperlinks (links) to websites, pages, and content of third parties (Manufacturing Companies and their Materials). MATREC is not responsible for the availability, accuracy, updating, or completeness of the information present on third-party sites, nor for any malfunction, removal, or redirection of external links. The User acknowledges that the materials and products described therein are subject to variations, withdrawals, or modifications by the manufacturing companies, and the unavailability of such external content shall not constitute a breach by MATREC.
Art. 9 – Withdrawal
The User shall have the right to withdraw from this Agreement if the MATREC services are not made available to the User within fourteen (14) days from the conclusion of the purchase process for the specific Subscription. The right of withdrawal shall be exercisable by sending a communication to MATREC S.r.l., via registered letter with return receipt, to the following address: corso G. Matteotti 18, 20822 Seveso (MB), Italy, or via certified email to the address matrec@pec.matrec.it. In this event, MATREC shall refund the User the sum paid as the consideration for the Subscription.
Art. 9-bis – Termination for MATREC’s Breach
Notwithstanding the provisions of Art. 9, the User shall have the right to terminate the Agreement, pursuant to Article 1453 of the Italian Civil Code, if a serious and substantial breach of the obligations incumbent upon MATREC occurs. The User must notify MATREC of the breach, inviting it to cure the default within a reasonable period not less than thirty (30) days. If this period expires without cure, the Agreement shall be deemed terminated by operation of law.
Art. 10 – Express Termination Clause
In all cases of non-fulfillment of the obligations under Article 4.3 (Obligations and Penalties in Case of Unlawful Use) and Article 6 (Industrial and Intellectual Property Rights) of this Agreement, MATREC shall have the right to terminate the Agreement pursuant to Article 1456 of the Italian Civil Code through written communication, including via email, with express reservation of any right and action to protect its rights and for the compensation of any damages caused by the User’s conduct.
Art. 11 – Information pursuant to Italian Legislative Decree 70/2003
The domain name www.matrec.com is registered on behalf of MATREC S.r.l. with registered office in Corso Giacomo Matteotti, 18, Seveso (MB), Share Capital Euro 10,000 and CF/VAT 07775480960, REA MB-1882851. For any information, MATREC can be contacted at the telephone number +39 071 2811786 or at the email address info@matrec.com. In accordance with Article 7, letter h, Italian Legislative Decree 70/2003, the prices of the services offered by MATREC are clearly and unequivocally indicated on the Site, particularly during the purchase process for the different types of Subscription available to the User.
Art. 12 – Amendments to the Agreement
12.1. MATREC reserves the right to amend this Agreement at any time and at its own discretion, particularly to adapt it to new regulatory provisions or for technical modifications to the service.
12.2. MATREC shall inform the User of any amendments with a notice period of not less than thirty (30) days prior to their entry into force, via communication sent to the email address provided by the User during subscription.
12.3. If the User does not accept the communicated amendments, they shall have the right to withdraw from the Agreement and cease using the Service before the date of entry into force of the amendments, by sending communication to MATREC S.r.l. via registered letter with return receipt to the address corso G. Matteotti 18, 20822 Seveso (MB), Italy, or via certified email to the address matrec@pec.matrec.it. In the absence of communication from the User, the amendments shall be deemed tacitly accepted and shall be binding on the User.
Art. 13 – Assignment of the Agreement
The User may not assign, transfer, or delegate this Agreement, in whole or in part, nor any of the rights or obligations arising therefrom, without the prior written consent of MATREC. MATREC shall have the right to decide whether to assign this Agreement to third parties, by notifying the User, provided that the assignee undertakes to comply with MATREC’s obligations provided herein.
Art. 14 – Interpretation and Integration
14.1. Headings. The headings of the articles and sections of this Agreement are included for convenience of reference only and shall not affect its interpretation.
14.2. Integration. This Agreement constitutes the sole and exclusive agreement between the parties in relation to the subject matter above, superseding any previous agreement or understanding, whether oral or written.
Art. 15 – Specific Acceptance of Clauses
The User expressly declares to have read, understood, and specifically approved, pursuant to and for the purposes of law, the following clauses which establish limitations of liability, rights of termination/suspension, and derogations from the jurisdiction of the Judicial Authority: Art. 4.3 (Obligations and Penalties in Case of Unlawful Use), Art. 8 (Liability and Limitation), Art. 9 (Withdrawal for Non-Provision of Service), Art. 9-bis (Termination for MATREC’s Breach), Art. 10 (Express Termination Clause), Art. 12.2 (Governing Law and Jurisdiction), Art. 13 (Amendments to the Agreement), Art. 15 (Prohibition of Set-off) and Art. 16 (Indemnity).
Art. 16 – Prohibition of Set-off
The User expressly waives the right, pursuant to Article 1246 of the Italian Civil Code, to raise exceptions of non-performance pursuant to Article 1460 of the Italian Civil Code and to claim set-off of any alleged credit against the fees due to MATREC under this Agreement, unless such credit has been ascertained by a final, unappealable judgment.
Art. 17 – Indemnification
The User undertakes to indemnify and hold harmless MATREC, as well as its employees, directors, and agents, from any claim for compensation, demand, liability, damage, loss, and cost (including reasonable legal fees) arising from or in connection with: (i) any breach of the obligations and warranties under this Agreement; and/or (ii) the use of software, bots, crawlers, or other automated systems to access or extract data from the Site, in violation of the Agreement; and/or (iii) any unlawful, improper, or incorrect use of the services, content, or access codes by the User or third parties to whom the User has provided access.
Art. 18 – Survival of Clauses
The provisions set forth in Articles 4.3 (Obligations and Penalties in Case of Unlawful Use), 6 (Industrial and Intellectual Property Rights), 8 (Liability and Limitation), 12.2 (Governing Law and Jurisdiction), 14 (Specific Acceptance of Clauses), 15 (Prohibition of Set-off), 16 (Indemnification), and 17 (Assignment of the Agreement) shall survive the expiration and/or termination of this Agreement for any reason.
Art. 19 – Governing Law, Jurisdiction
19.1. This Agreement is entirely governed by Italian Law. The Parties agree that, before resorting to the Judicial Authority, any dispute arising from or connected to the Agreement must be subject to an attempt at amicable conciliation with a maximum duration of [30 days] starting from the date on which one of the Parties notifies the other of the dispute.
19.2. Exclusive Jurisdiction. Any dispute relating to the validity, execution, and interpretation of the Agreement shall be submitted to the exclusive jurisdiction of the Court of Ancona (Italy).
Art.20 – Language Precedence
In case of any discrepancy or ambiguity in the interpretation of this text, the Italian language version of the Terms of Use shall always prevail over the English translation.
