LEGAL NOTES – TERMS AND CONDITIONS

Definitions

“Site” means the website www.montana-gmbh.de registered by Italia Alimentari S.p.A..

Società unipersonale

Registered Office: Via Europa, 14 – 43011 Busseto (Parma) Italy

Registered Office and Offices Via Marconi, 3 – 46040 Gazoldo degli Ippoliti (MN) Italy

Share Capital € 40,248,000 fully paid up

Economic Administrative Register of Parma no. 231972 – Business Register Parma no. 00415710342 – VAT no. IT 01797570205 – tax code 00415710342

“Users” mean: visitors and/or users of the website.

“Terms and conditions” mean: the terms and conditions present on the website when used and that govern the procedures to use the website on the part of Users that inform Users on their responsibilities, that thus represent the entire agreement between Italia Alimentari and the Users in this respect and that invalidate and replace any previous agreement.

Before browsing on the Site, read them carefully.

Accessing any part or section of the Site, users accept the terms and conditions and undertake to respect them.

In case of disagreement with any conditions contained in the terms and conditions, Italia Alimentare discourages browsing on the Site.

Private property – download.

Users acknowledge that, by way of example and not limited to, any information, data, software, photo, graphic, video, music, sound, image, illustration, drawing, icon (hereinafter referred to as “content”) present on the Site, if not expressed otherwise, are the exclusive property of Italia Alimentari.

The duplication, reproduction including partial, download, storage, publication or diffusion with any means and more in general any disposal or use, including partial, of the content of Site, in any form through media and technologies that are existing or that will be developed in the future, are forbidden, without prejudice to the right to download a single copy of the content identified as available for download on a single computer for personal use and for non-commercial purposes upon condition that the references to authors and other credits such as copyrights and property rights are kept unchanged.

Software, as well as files and images contained therein or created by it and the data accompanying such software that might have been downloaded from the Site are subject to a licence for use by Italia Alimentari, which does not imply any transfer of the ownership of such rights on the software by Italia Alimentari. Users cannot circulate, sell, break down, take apart, decompile, disassemble or otherwise translate software into a format understandable by humans.

Trademarks.

“Vitale” and any trademarks and logos of third parties present in the Site are the exclusive property of the respective owners.

The use or reproduction in any form and way of such trademarks and logos are forbidden.

Use of Site.

Users can be used exclusively for lawful activities such as, by way of example and not limited to, finding information on products and services of Italia Alimentare, enable the relevant newsletter, take part, through the Site, in any contests organised by Italia Alimentari; any use of the Site in a speculative and/or fraudulent way.

It is expressly forbidden to use any part or section of the Site and content of the Site for commercial and/or advertising activities of any type without the express authorization in writing of Italia Alimentari.

Users carrying out activities breaching the legislation in force shall be prosecuted pursuant to the law.

Site characteristics

The Site can be accessed by Users from anywhere in the world and it may contain references to products and services that are not available yet in the Users’ countries. The existence of such references does not imply that Italia Alimentari is going to sell such products in the Users’ countries concerned. Italia Alimentari reserves the right, without prior notice, to stop selling any product and/or to change their characteristics, as well as to stop the existence of the Site online.

Upgrades – Exclusion of guarantee – Limits of liability.

The content of the Site may be subject to periodic changes. Italia Alimentari reserves the right to change the Site at any time.

No guarantee is given by Italia Alimentare on the fact that the Site does not contain errors and/or omissions, or on its accuracy, reliability or quality of the Site content and/or about the quality of any services and/or pieces of advice made available on the Site.

Furthermore, no guarantee is given by Italia Alimentare about the absence of viruses or other elements that may cause harm to third parties.

In no case Italia Alimentari may be deemed responsible for direct, indirect, moral, accidental, special or consequential damages or for other damages of any type, including but not limited to, damages due to loss of use, data or profits resulting from or anyway connected to the use of the Site and to the delay in and/or impossibility of using the Site.

Links to other Sites.

The connection of other websites to the Site through hyperlinks to its home page can be carried out following a request sent to Italia Alimentari. Italia Alimentari reserves the right to deny authorisation to the link in the event this link may cause damage of any kind, including potential, at its own discretion.

Confidentiality.

Any data communicated by Users to Italia Alimentari through its Site shall be processed carefully with all the instruments likely to guarantee that it remains secure in compliance with the Italian legislation in force on the subject.

Notifications and complaints.

Italia Alimentari undertakes, against a justified request sent in writing through the form present on the Site, to remove any content from the Site owned by parties other than the one given as the author of the material or editor of the Site section and that may legitimately claim any rights or interest on said material or content, or in case the content harms any interest or right protected by the law.

For any notice, complaint or request for information regarding the Site and its content, use the form present on the Site.

Change and replacement of terms and conditions

Italia Alimentari reserves the right, at its sole discretion, of changing the terms and conditions at any time making the new terms and conditions available on the Website. The new terms and conditions shall be valid and effective starting from their publication on the Website.

Applicable Law and Court having competent jurisdiction.

The terms and conditions shall be governed and interpreted in compliance with the Italian laws.

For any dispute deriving from these terms and conditions or relating thereto, the Court having competent jurisdiction shall be the Court of Parma, Italy.

For any other matter not expressly mentioned herein, the legal provisions in force in Italy shall apply.