Terms and Conditions

 

The website www.robertcutty.com is exclusively owned by Cutty srl, with its registered office in Milan, via Pietrasanta 12, VAT number and tax code 11546320968. This document (hereinafter, T&C) establishes the terms and conditions for the use and access of the website owned by Cutty srl and must be read in conjunction with the Privacy Policy of Cutty srl.

Services Offered

Through the website, Cutty srl provides Users with an online space to submit questions or specific requests related to the content available on the website. By using the website, the User agrees to the T&C. The services provided by Cutty srl and the use of the website are subject to these T&C and any other regulations or policies published on www.robertcutty.com.

If the User disagrees with any term or condition or any subsequent modifications, or if they are dissatisfied with the services provided by Cutty srl, the User is required to immediately stop using the website. Cutty srl reserves the right, but not the obligation, to strictly enforce the T&C through actions such as community moderation and, if necessary, legal proceedings.

 

1. Definitions

Content:
(i) Files containing text, images, audio and/or video recordings, data and/or information organized in a database, and all files, documents, and/or information in any format made available by Cutty srl through the website, including content licensed from third parties;
(ii) Files containing text, images, audio and/or video recordings, data and/or information organized in a database and any files, documents, and/or information in any format transmitted, copied, sent, or made available by visitors to the website.

T&C: The provisions of this document.

Personal Data: All personal information relating to each User, including name, address, and phone number, if collected through the website.

Community: All registered Users of the website who access its content and features.

User: Any individual or legal entity registered on the website.

Service: The services provided by Cutty srl through the website.

Website: The domain www.robertcutty.com, including any subdomains, URLs or portions thereof, and mobile applications developed by or on behalf of Cutty srl, available on Apple and Android digital stores.

Visitor: Any individual or legal entity visiting the website without registering.

 

2. Description of the Website

2.1 The website and services provide an online platform where Users can:

  • Contact Cutty srl;
  • Obtain information about events or services offered;
  • Submit booking requests, including personal notes if necessary.

Cutty srl reserves the right to approve, suspend, or cancel a User’s registration if the T&C are violated. It is understood that Cutty srl has no control over Users’ behavior and disclaims all liability to the maximum extent permitted by law.

 

3. Privacy

The User declares they have reviewed the Privacy Policy of Cutty srl, available at the address Privacy Policy and in the dedicated section of the app, as amended from time to time. The Privacy Policy contains all necessary information regarding the acquisition and use of personal data by Cutty srl.

 

4. User Form

To use the services, each User must complete a form providing the necessary personal data. Users declare they are at least 18 years old at the time of completing the form.

The User agrees not to provide false or incorrect information. In any case, Cutty srl will not be held responsible for any false or inaccurate information provided by Users.

Any exceptions to these rules must be explicitly requested from the company. Unauthorized creation or use of new accounts (own or third-party) without Cutty srl’s consent may result in immediate and indefinite suspension of the User.

It is understood that Cutty srl is not obliged to verify Users’ identities or confirm the identity of each User.

 

5. Responsibilities of Cutty srl

5.1 Disclaimer of Warranties
The User acknowledges that the use of the website and services is entirely at their own risk and responsibility. The website and services are provided “as is” and “as available” without any warranties or liabilities. Cutty srl explicitly disclaims all warranties, explicit or implied, including but not limited to warranties of merchantability, fitness for a specific purpose, reliability, and accuracy.

5.2 Limitation of Liability
Under no circumstances will Cutty srl be held liable for direct or indirect damages, including but not limited to:

  • Loss of profits, data, or goodwill;
  • Computer damages or costs of substitute goods or services;
  • Damages related to personal or physical injuries.

The limitation of liability also applies to damages arising from:

  • Improper use of the website or services;
  • Interruptions, modifications, or termination of the website or services;
  • Computer viruses or other harmful components related to the website.

 

6. Content Published on or Through the Website

6.1 Content from Users
All content published on the Website, transmitted through it, or accessible via links from the Website is the sole responsibility of the User from whom such content originates. The User is solely responsible for any content published, emails, or material made available through the Website.
The User acknowledges that Cutty srl does not control and is not responsible for content made available through the Website and that, by using the Website, they may be exposed to offensive, indecent, inaccurate, illegal, or misleading content.

6.2 Links to Other Websites
The Website, applications, and services may contain links to third-party websites or resources. Cutty srl is not responsible for:
(i) the availability or accuracy of such websites or resources;
(ii) the content, products, or services present on or available from such websites or resources.

Links to these websites or resources do not imply any endorsement by Cutty srl of such websites, resources, or the content, products, or services available from them. Users and Visitors assume full responsibility and all risks arising from the use of such websites, resources, or their content, products, and services.

Cutty srl is also not responsible for the privacy policies or practices of other websites. When a User or Visitor clicks on a link directing them to another website or platform, they are responsible for reviewing and accepting the privacy policies of that website or platform.

6.3 User Authorization
Notwithstanding the above, Users irrevocably authorize Cutty srl, and/or other Users to whom Cutty srl grants permission, to use the content published and any part or element of it, without restriction, worldwide, in perpetuity, and for the entire duration of the legal protection established in each country.

This authorization includes, but is not limited to:

  • Publication and Distribution: The right to publish, distribute, communicate, and make the content available at any time and location, using any means and/or technology currently known or developed in the future.
  • Reproduction and Modification: The right to reproduce and modify the content to comply with the technical constraints of the Website’s functioning.
  • Authorization for Other Users: The right to authorize other Website Users to reproduce the content for viewing on their devices.

The above rights are granted on a non-exclusive basis, meaning that the User retains the right to use the published content in any form and manner.

6.4 User Declaration
The User declares that they fully and lawfully hold all rights related to the content published on the Website, including, but not limited to:

  • Copyrights;
  • Image and personality rights;
  • Trademark rights and other proprietary rights;
  • Privacy and portrait-related rights.

The User further guarantees that, if they do not fully own the rights to the content, they have been expressly authorized by the rightful owners to grant such rights under these terms.

The User agrees not to publish content that:

  • Is false, obscene, pornographic, defamatory, racist, violent, offensive, harassing, incites criminal activity, or is otherwise illegal in the jurisdiction where it is published.
  • Violates laws on personal data processing or the protection of confidential information.
  • Infringes patents, trademarks, copyrights, or other third-party rights.
  • Contains computer viruses, programs, or software designed to damage, interrupt, or limit the functionality of software, hardware, or networks.
  • Is harmful to Cutty srl, other Users, or third parties.

The User guarantees the quality and adequacy of the content for its intended use.

 

7. Modifications

Cutty srl reserves the right, at its sole discretion, to modify the Website, services, or these T&C at any time without notice.
Any modifications will be published on the Website or communicated via specific notifications. The “Last Update Date” at the bottom of this document will also be updated. By continuing to use the Website or services, the User tacitly accepts these modifications.

If the User disagrees, they must immediately cease using the Website.

 

8. Intellectual and Industrial Property Rights

Without prejudice to the provisions of Cutty srl’s Privacy Policy, any content transmitted to the Website by Users, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary.
If Users hold all rights to such communications or content, they explicitly grant Cutty srl and its designated licensees a non-exclusive, perpetual, and worldwide license to:

  • Copy, distribute, display, perform, publish, translate, adapt, modify, and/or use such material for any purpose;
  • Use the material regardless of the format or medium (currently known or developed in the future).

Warnings
Do not publish confidential or proprietary information protected by intellectual or industrial property rights on the Website unless otherwise agreed in writing.

Reporting Violations
If a User believes their intellectual or industrial property rights have been violated by content published on the Website, they must send a written notification to Cutty srl at info@robertcutty.com within 48 hours of discovery.

The notification must include:

  • The physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
  • Identification of the protected content believed to have been violated;
  • Sufficient information to contact the complainant (address, phone number, and email);
  • Identification of the material alleged to be infringing and sufficient information to locate it on the Website;
  • A statement of good faith that the contested use is not authorized by the right holder, their agent, or the law;
  • A statement guaranteeing the accuracy of the information provided and that the complainant is authorized to act on behalf of the right holder.

Cutty srl reserves the right to immediately remove identified materials without liability to Users or third parties.

 

9. Indemnification

The User agrees to indemnify and hold harmless Cutty srl, its affiliates, subsidiaries, officers, directors, employees, and agents from any claim, damage, loss, or expense (including reasonable legal fees) arising from:

  • The User’s access to or use of the Website, services, or content;
  • Content processed, transmitted, copied, sent, or made available by the User;
  • Interactions between Users or requests for services.

Cutty srl reserves the right, at its sole discretion, to organize its defense against legal claims without the User raising any objections.

 

10. Relationship Between the Parties

Cutty srl and the Users operate as independent parties, each acting on their own behalf and for their own purposes. These Terms of Use do not create any of the following relationships between the parties:

  • Subordination, representation, agency, partnership, or franchising;
  • Joint ventures or other forms of fiduciary relationships.

The rights and obligations of the parties are strictly limited to those explicitly stated in this document.

 

11. Governing Law and Jurisdiction

These Terms of Use are governed by and interpreted in accordance with the laws of the Italian Republic.
Any disputes regarding the validity, interpretation, or enforcement of these Terms will be subject to the exclusive jurisdiction of the Court of Milan.

 

12. Additional Conditions

  • Relationships Between Users: Cutty srl is not responsible for relationships created between Users.
  • Clause Titles: The headings of the clauses are purely descriptive and do not affect their interpretation.
  • Transfer of Rights: The User agrees that the rights and obligations set forth in these Terms of Use may be transferred by Cutty srl to third parties in the event of a merger, acquisition, or other similar event.
  • Legal Compliance: Users agree to comply with all national and international laws applicable to the use of the Website and the Services provided by Cutty srl.

 

Communications

All communications for Users will be sent to the email address provided during registration. Notifications are considered received within 24 hours of sending, unless a delivery failure notification is received.

Last updated: 08/10/2019