TERMS AND CONDITIONS OF USE

(Last modified: [January 21, 2026])

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE ACCESSING THE WEBSITE www.fmpartec.com ("WEBSITE"). THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY REFERRED TO HEREIN TOGETHER CONSTITUTE THE "AGREEMENT" BETWEEN YOU ("YOU," "USER," OR "REGISTERED USER") AND FM PARTEC S.p.A., COMPANY SUBJECT TO THE DIRECTION AND COORDINATION OF ELESA S.P.A., ("THE COMPANY" OR "FM PARTEC"). BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT, THAT YOU UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND BY ITS TERMS.

We recommend that you consult this Agreement each time you access the Website. FM PARTEC reserves the right to modify the Agreement at any time. By browsing the Website, you acknowledge that you are bound by the most recent version of the Agreement in force at the time of access. If you do not agree with the terms of this Agreement, please do not use the Website.

 

1. REGISTRATION AND PRIVACY

1.1 To create an account and use the Website, you must be at least 18 years of age. By using the Website, you enter into a binding agreement with FM PARTEC and represent that you have the capacity to read, understand, and accept this Agreement and that you have read FM PARTEC's Privacy Policy.

1.2 To access certain services on the Website, the User may be required to register (by creating an account). The creation of an account and the use of other features of the Website involve the processing of the User's personal data. For a detailed description of how data is collected and used, FM PARTEC invites the User to carefully read the FM PARTEC Privacy Policy [link: XXXX], and to declare that they have read it before using the Website. FM PARTEC may then collect, use, and share the User's personal data in accordance with its Privacy Policy in order to ensure a better experience.

1.3 After entering the required data in the registration form, the User will receive a verification email and, by clicking on the link contained therein, will be able to complete the registration process and access their account summary (hereinafter, the "Registered User").

1.4 Authentication to the Website takes place online using a username and password chosen by the Registered User. The Registered User can change their password or create/request a new one in case of loss, following the procedures indicated in the login section of the Website.

1.5 The Registered User may, at any time, request the cancellation or deactivation of their account, it being understood that such a request will make it impossible to access the Website services reserved for registered users. For the cancellation and deactivation of the account, please refer to point 7 of the privacy policy.

 

2. AVAILABILITY OF THE WEBSITE

2.1 The Company does not guarantee that the Website or its contents will always be available or free from interruptions. The Company shall not be held liable for any malfunctions of the Website, delays, suspensions, and/or interruptions in the provision of the Website's services due, by way of example but not limited to: congestion, delays, and/or overloading of the systems or processors that manage traffic; tampering or illegal interventions by third parties on the services or equipment used by the Website, or on the connection equipment available to the User; force majeure or unforeseeable events, including, by way of example, but not limited to: fires, explosions, earthquakes, pandemics, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, wars, civil unrest, riots, strikes, or any other exceptional and unforeseeable cause that prevents the provision of the service. In such exceptional cases, the Company will make every effort to ensure that the above services are restored as quickly as possible.

2.2 Without prejudice to the above, the Company also reserves the right to modify, suspend, or interrupt access to the Website services, to impose limitations on specific features and/or functionalities, or to limit access to all or part of the Website, without notice and without any liability, at any time and at its sole discretion. Access to the Website may be suspended or interrupted for maintenance purposes, at the sole discretion of the Company, which will endeavor to restore access and use of the services as quickly as possible, in order to minimize any inconvenience of any kind, without this entailing any liability on its part.

2.3 If the User encounters problems in using the services, they may contact the Company at the following email address: [email protected]. The Company undertakes to respond as soon as possible; nevertheless, it cannot guarantee a reply within any predetermined period.

 

3. ACCOUNT SECURITY AND REGISTERED USER GUARANTEES

3.1 The User is responsible for ensuring that all persons accessing the Website through their Internet connection are aware of these Terms and Conditions and other applicable terms, and that they comply with them.

3.2 The User warrants that the data provided during registration is correct and truthful, and that the Registered User will promptly notify the Company of any changes to the information provided at the time of registration. The Registered User acknowledges that failure to provide correct and up-to-date data will prevent password recovery or account deletion.

 

3.3 In order to ensure the security of the account, the Registered User undertakes to:

  • use the services offered by the Website in accordance with applicable law, respecting the rights of the Company and in compliance with these Terms and Conditions and any technical instructions provided by the Company;
  • not create more than one personal account, nor open a second account without the Company's authorization, even if the original account has been deactivated;
  • ensure that the services are used exclusively by persons authorized by him/her, assuming all responsibility in this regard;
  • keep and use any login credentials assigned for use of the Website with the utmost confidentiality and diligence, not communicating, directly or indirectly, passwords and/or logins, thus preventing their improper or unlawful use and remaining, in any case, responsible for their use, recognizing that knowledge of such authentication credentials by third parties could allow them to misuse the Registered User's account, for which the Registered User assumes all related responsibilities;
  • promptly notify the Company of any unauthorized use of the password and/or login to the Website and any other improper or illegal use of which they become aware, including, but not limited to, the theft, loss, or misappropriation of credentials;
  • not take any action that could compromise the security of the systems and/or equipment accessed through the Website;
  • not use the account for profit or to obtain commercial advantages;
  • not to decrypt, disassemble, decompile, decode, or otherwise attempt to extract secret and/or confidential codes, algorithms, or ideas from any part of the Website, modify, translate, or create derivative works from any part of it;
  • ensure that your contact information is always correct and up to date.

3.4 The User acknowledges and accepts that the Website may contain links to other websites or Internet resources, and that such websites or resources may in turn contain links to the Website. Such websites and/or the products and services associated with them are not under the control of the Company, and the User acknowledges that the Company is not responsible for the content, accuracy, functionality, adequacy, legality, or any other aspect of such sites or resources.

3.5 The inclusion of any links within the Website does not imply any association, profit sharing, collaboration, or partnership with the relevant operators, nor does it imply any kind of recognition or approval by the Company.

 

4. SUSPENSION AND CANCELLATION OF THE ACCOUNT

4.1 Without prejudice to the right to compensation for damages, the Company may refuse, block, suspend, and/or cancel the account of a Registered User at any time, at its discretion and with immediate effect, even without prior notice, for any reason, including, by way of example, but not limited to:

  • irregularities in the registration procedure, including following a report;
  • violation of even one of the obligations set forth in these Terms and Conditions;
  • improper or unauthorized use of the Website in accordance with these Terms and   Conditions;
  • order from a competent judicial or administrative authority.

4.2 Any failure or delay by the Company in exercising a right or remedy provided for in these Terms and Conditions or by law shall not constitute a waiver of such right or remedy, nor shall it prevent or limit the subsequent exercise of the same or other rights or remedies. Similarly, the partial exercise of a right or remedy shall not preclude the further or different exercise of the same or other rights or remedies.

 

5. INTELLECTUAL PROPERTY RIGHTS

5.1 The Website and all its contents, including, but not limited to, product designs (including all related ancillary documentation) and brand, product, and collection names, are protected by patents, copyrights, and/or trademarks or other applicable intellectual and industrial property laws. FM PARTEC is the exclusive owner of all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and any other intellectual and industrial property rights associated with FM PARTEC. The User is not authorized to use FM PARTEC's intellectual property rights without the Company's express prior authorization.

5.2 No part of the Website or its contents may be reproduced, stored in a data retrieval system, or transmitted in any form or by any means—electronic, mechanical, photocopying, recording, or otherwise—without the written permission of FM PARTEC, except as expressly provided in these Terms and Conditions.

5.3 Notwithstanding the foregoing, the Company grants the User a non-exclusive and non-transferable license to reproduce and download the technical drawings of the products made available on the Website, exclusively for internal, non-commercial use and for the purpose of using the products themselves. The User is prohibited from redesigning such materials and/or disclosing them by any means and/or exploiting or using them for commercial purposes. The User may not modify the copies of the technical drawings in any way or use illustrations or graphic elements separately from the accompanying texts. The status of the Company (and any authors indicated) as the author of the content on the Website must always be acknowledged.

5.4 The User may not use any part of the Website's content for commercial purposes without first obtaining a specific license from the Company. If the User prints, copies, or downloads any part of the Website in violation of these Terms and Conditions, their right to use the Website will immediately cease and the User must, at FM PARTEC's discretion, return or destroy any copies of the material made.

 

6. EXCLUSION OF LIABILITY FOR VIRUSES

6.1 The Company does not guarantee that the Website is secure or free from bugs or viruses.

6.2 You are responsible for the configuration of your computer systems, programs, and platforms used to access the Website, and you must independently provide for the use of appropriate antivirus software.

6.3 The User must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other harmful or technologically dangerous material. The User must not attempt to gain unauthorized access to the Website, the server on which the Website is hosted, or any other server, computer, or database connected to the Website. The User must not attack the Website via denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks. The Company will report any such breach to the relevant authorities and cooperate with them by providing the identity of the User responsible. In the event of such a breach, the User's right to use the Website will cease immediately.

 

7. RULES ON LINKS TO THE WEBSITE

7.1 You may not insert links to this Website without the prior written consent of the Company. If such authorization is granted, you may not:

  • create a link in such a way as to suggest any form of association, approval, or sponsorship by the Company;
  • create a link to the Website on any website that is not owned by the User.

7.2 The Company reserves the right to revoke permission to create links at any time and without notice.

 

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." FM PARTEC MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ABSENCE OF COMPUTER VIRUSES OR OTHER HARMFUL CODE, AND ANY WARRANTY ARISING FROM COMMERCIAL USE OR INDUSTRY CUSTOM. FM PARTEC DOES NOT WARRANT THAT ANY MATERIAL, CONTENT, PRODUCT, OR SERVICE DISPLAYED OR OFFERED THROUGH THE SITE IS ACCURATE, COMPLETE, ADEQUATE, RELIABLE, TIMELY, FUNCTIONAL, ERROR-FREE, SECURE OR , OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, DELAY OR IMPERFECTION.

 

9. LIMITATION OF LIABILITY

SUBJECT TO THE MANDATORY LIMITS PROVIDED FOR BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, FM PARTEC (INCLUDING, BY WAY OF EXAMPLE, ITS PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, CONTRACTORS, SUCCESSORS, ASSIGNEES AND THIRD-PARTY SERVICE PROVIDERS) SHALL NOT BE LIABLE TO YOU (INCLUDING, WITHOUT LIMITATION, ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS, SUCCESSORS, HEIRS OR ASSIGNEES) FOR DIRECT AND/OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND/OR FOR ANY LOSS SUFFERED, REGARDLESS OF THE FORM OF ACTION (CONTRACTUAL, EXTRACONTRACTUAL, FOR FAULT, NEGLIGENCE, STRICT LIABILITY OR OTHER CAUSE), INCLUDING — BY WAY OF EXAMPLE BUT NOT LIMITED TO — ERRORS OR OMISSIONS IN THE CONTENTS OF THE WEBSITE OR ACTIONS OR OMISSIONS BY THE USER CONNECTED TO THE USE OF THE WEBSITE. 

 

10. INDEMNIFICATION

The User agrees, to the extent permitted by law, to indemnify, defend and hold harmless FM PARTEC — including its partners, affiliates, directors, officers, agents, subsidiaries, joint ventures, employees, collaborators, successors, assignees, and third-party service providers — from any claim, accusation, action, damage, loss, cost, liability, or expense (including legal fees and defense costs) arising from or related to: (a) the User's access to or use of the Website; (b) your breach of this Agreement; (c) any untrue or misleading statement or conduct by you. You also agree to cooperate fully with FM PARTEC in the defense or settlement of any such claim or dispute. FM PARTEC will provide you with prompt notice of any claim, action, or legal proceeding brought against you.

 

11. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by and interpreted in accordance with Italian law.

Any dispute arising in connection with the interpretation, application, or enforcement of this Agreement shall be subject to the exclusive jurisdiction of the Court of Milan (Italy), except as otherwise provided by mandatory provisions of law.

 

12. AVAILABILITY AND TERMINATION OF SERVICES

The Website may be interrupted, including for maintenance, repairs, updates, or network or equipment failures. FM PARTEC may discontinue some or all of its services at any time, and events beyond FM PARTEC's control may affect the services.

FM PARTEC may modify, suspend, or terminate your access to or use of the Website at any time and for any reason, such as if you violate the FM PARTEC Agreement or if you cause damage, risk, or possible legal exposure to FM PARTEC, FM PARTEC users, or others.

 

13. GENERAL PROVISIONS

Changes

FM PARTEC may, at any time and at its sole discretion, add to, delete, or modify this Agreement or the Website. FM PARTEC will provide notice of changes by updating the "Last Modified" date at the top of this Agreement. Your continued use of the Website after the changes constitutes your acceptance of the updated Agreement. If you do not agree, you must immediately cease using the Website. All changes are effective immediately.

Miscellaneous

This Agreement—including the Privacy Policy and any other legal notices published on the Website—constitutes the entire agreement between the User and FM PARTEC. If any clause is invalid or unenforceable (including, without limitation, the clauses on warranty disclaimer and limitation of liability), it shall be replaced by a valid provision that reflects the original intent as closely as possible; the remaining provisions shall remain in effect.

FM PARTEC's failure or delay in exercising its right to demand or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of such provision or right. Neither the conduct between the parties nor commercial customs shall modify any provision of this Agreement. FM PARTEC may assign its rights and obligations under this Agreement to any party at any time without notice to the User.

All rights and obligations of FM PARTEC under this Agreement are freely assignable by FM PARTEC to any of its affiliates or in connection with a merger, acquisition, reorganization, or transfer of assets, or by operation of law or otherwise, and FM PARTEC may transfer your data and information to any of its affiliates, successor entities, or new owners. You may not transfer any of your rights or obligations under this Agreement to any third party without the prior written consent of FM PARTEC.

***

The User declares that they have read, understood, and expressly accept the following clauses pursuant to and for the purposes of Articles 1341 et seq. of the Civil Code: Article 2 (Availability of the Website); Article 4 (Suspension and cancellation of the account); Article 6 (Exclusion of Liability for Viruses); Article 8 (Exclusion of Warranties); Article 9 (Limitation of Liability); Article 11 (Applicable Law and Jurisdiction); Article 12 (Availability and Termination of Services); Article 13 (General Provisions - Amendments and Miscellaneous).

Copyright © 2026 FM Partec S.p.A. All rights reserved.