Terms & Conditions

Ourvita Group

Welcome to the website of Ourvita Group (the “Website”). These Website Terms and Conditions (“Terms”) govern your access to and use of this Website, including any content, functionality, and services offered on or through www.ourvita.com. By accessing or using this Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use this Website.

Please read these Terms carefully before using the Website. These Terms are designed to protect the Intellectual Property, confidential information, and business interests of Ourvita. We also encourage you to review our Privacy Policy, which describes how we collect, use, and protect your personal data.

1. DEFINITIONS AND SCOPE

1.1 In these Terms, the following definitions apply:

(a) “Website” means the website located at www.ourvita.com, including all pages, sub-domains, content, features, and functionality made available thereon.

(b) “Ourvita” means Ourvita Grou and its subsidiaries, affiliates, parent companies, and related entities (including, without limitation, AAKAMP, Laboratoria Natury, HBI Thompson & Capper, and any other entity within the Ourvita Group), collectively or individually as the context requires.

(c) “User” or “you” means any individual or entity that accesses, browses, or otherwise uses this Website.

(d) “Content” means all text, graphics, images, photographs, videos, audio, data, software, code, designs, layouts, logos, trademarks, trade names, and any other material or information displayed on, contained in, or made available through the Website.

(e) “Services” means any services, information, tools, or functionality made available through the Website, including without limitation contact forms, informational resources, and any interactive features.

(f) “Intellectual Property” means all worldwide rights, whether registered, applied for or unregistered, in or to trademarks, trade/business names, domain names, logos and get-up, social media accounts and identifiers, patents, utility models, designs, copyrights (including software and related source and object code), neighbouring and sui generis rights (including database rights), and know-how and trade secrets or other confidential or proprietary technical, industrial or commercial information (including inventions, technology, works of authorship, data and databases, business plans, product roadmaps, production processes, lab notes, chemical routes, studies, experiments, drawings, discoveries, technical-industrial experience and market research), together with any related documentation, and any other intellectual or industrial property right protectable under applicable law.

(g) “Privacy Policy” means the privacy policy of Ourvita as published on the Website and available at https://www.ourvita.com/privacy-policy, as amended from time to time, which describes how Ourvita collects, uses, stores, and protects personal data in connection with the Website.

1.2 By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at https://www.ourvita.com/privacy-policy), which is incorporated herein by reference. If you do not agree, you must immediately cease all use of the Website.

1.3 These Terms apply to all Users of the Website, including without limitation browsers, visitors, customers, prospective customers, suppliers, distributors, and contributors of content.

2. CHANGES TO TERMS AND WEBSITE

2.1 Ourvita reserves the right, in its sole and absolute discretion, to modify, amend, supplement, or replace these Terms at any time and without prior notice to you. Any changes will be effective immediately upon posting of the revised Terms on the Website, with an updated “Effective Date” at the top of this page.

2.2 Your continued access to or use of the Website after any such modifications constitutes your binding acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically for changes.

2.3 Ourvita further reserves the right to modify, suspend, discontinue, or restrict access to all or any part of the Website at any time, with or without notice, and without liability to you or any third party.

3. LIMITED LICENSE TO USE THE WEBSITE

3.1 Subject to your compliance with these Terms, Ourvita grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Website solely for: (a) your personal, non-commercial informational purposes; or (b) legitimate business purposes as a current or prospective customer, supplier, or distributor of Ourvita.

3.2 This license does not include, and you shall not, directly or indirectly:

(a) copy, reproduce, duplicate, sell, resell, distribute, publish, or exploit any portion of the Website or its Content for any commercial purpose without Ourvita’s prior written consent;

(b) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website or any Content;

(d) use any data mining, robots, spiders, scrapers, or similar automated data gathering, extraction, or publication tools on the Website;

(e) remove, obscure, or alter any proprietary notices, labels, or marks on the Website or its Content.

3.3 This license shall automatically and immediately terminate, without notice, if you breach any provision of these Terms. Upon termination, you must immediately cease all use of the Website and destroy any copies of Content in your possession.

4. USER CONDUCT AND PROHIBITED USES

4.1 You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party. Without limiting the foregoing, you shall not:

(a) use the Website for any unlawful, fraudulent, or deceptive purpose;

(b) transmit, upload, or otherwise make available any material that contains viruses, Trojan horses, worms, malware, spyware, or any other harmful or destructive code;

(c) use any automated system, including without limitation bots, spiders, scrapers, offline readers, or any other means to access the Website for any purpose without Ourvita’s express written consent;

(d) attempt to gain unauthorised access to any portion of the Website, any systems or networks connected to the Website, or any Ourvita server;

(e) interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website;

(f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(g) collect, harvest, or store personal data about other Users without their express consent;

(h) use the Website to engage in any anti-competitive practices, industrial espionage, or any activity that could harm Ourvita’s business interests or reputation;

(i) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;

(j) use the Website to solicit or promote any commercial activity or enterprise that competes with Ourvita’s business.

4.2 Ourvita reserves the right to take any action it deems necessary in response to any breach of this Section 4, including without limitation restricting or terminating your access to the Website, reporting conduct to law enforcement authorities, and pursuing any available legal remedies.

5. SUBMISSIONS AND IDEAS — NON-CONFIDENTIALITY

IMPORTANT NOTICE: Ourvita does not wish to receive, and you should not submit, any proprietary or confidential information through this Website. Any information, material, or communication you transmit to Ourvita through this Website will be treated as non-confidential and non-proprietary, regardless of any designation or marking to the contrary.

5.1 Definition of “Submission”. For the purposes of these Terms, “Submission” means any and all questions, comments, suggestions, ideas, feedback, concepts, know-how, techniques, data, plans, proposals, creative works, or any other information or material of any kind that you communicate, transmit, submit, or otherwise make available to Ourvita through or in connection with this Website, whether through the contact form, via email, or through any other channel or feature of the Website.

5.2 Assignment of Rights. You acknowledge and agree that any Submission may contain or embody Intellectual Property. By making any Submission to Ourvita, you hereby, to the maximum extent permitted by law, irrevocably and unconditionally assign, transfer, and convey to Ourvita all right, title, and interest — worldwide and in perpetuity — in and to such Submission, including all Intellectual Property therein, thereto, and derived therefrom for the full duration of such rights (including any extensions or renewals thereof). You agree that Ourvita shall exclusively own such Submission and all Intellectual Property embodied therein, and shall be entitled to its unrestricted use, reproduction, modification, development, commercialisation, distribution, display, performance, and dissemination for any lawful purpose, whether commercial or otherwise, without acknowledgment, attribution, or compensation to you. You further agree to execute, at Ourvita’s request and expense, any documents or instruments and to take any further actions reasonably necessary to perfect, evidence, or register Ourvita’s ownership of such Intellectual Property.

5.3 Fallback Licence. Without prejudice to and in addition to the assignment in Section 5.2, to the extent that any such assignment is deemed invalid or unenforceable for any reason under applicable law, you hereby grant to Ourvita a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) licence to use, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, store, transmit, reformat, excerpt, edit, adapt, translate, and otherwise exploit your Submission in any manner, in any media or format now known or hereafter developed, for any purpose whatsoever, including without limitation commercial purposes, without compensation, notice, or attribution to you.

5.4 User Warranties. By making any Submission, you represent and warrant that:

(a) the Submission is original to you, or you have obtained all necessary rights, licences, consents, and permissions to make the Submission and to grant the rights set forth in this Section 5;

(b) the Submission does not constitute confidential or proprietary information of any third party;

(c) the Submission does not infringe, misappropriate, or otherwise violate any Intellectual Property rights, privacy rights, publicity rights, or any other rights of any third party;

(d) the Submission does not contain any material that is defamatory, obscene, unlawful, threatening, abusive, or otherwise objectionable;

(e) you have full power, authority, and legal capacity to make the Submission and to assign and licence the rights as set forth herein.

5.5 No Obligations. Ourvita shall be under no obligation whatsoever with respect to any Submission, including without limitation no obligation to: (a) use, evaluate, review, or consider any Submission; (b) respond to or acknowledge receipt of any Submission; (c) maintain the confidentiality of any Submission; (d) return any Submission or any copies thereof to you; (e) compensate you in any manner for any Submission. Ourvita may, in its sole discretion, remove, modify, or refuse to post or use any Submission without notice to you.

5.6 Indemnification for Submissions. You shall indemnify, defend, and hold harmless Ourvita, its affiliates, and their respective directors, officers, employees, agents, and representatives from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with: (a) any Submission made by you; (b) any breach of the warranties set forth in Section 5.4; or (c) any third-party claim that your Submission infringes or violates any Intellectual Property or other proprietary right.

6. INTELLECTUAL PROPERTY

6.1 All Content on this Website, including without limitation all text, graphics, logos, icons, images, photographs, videos, audio clips, digital downloads, data compilations, software, designs, page layouts, and the selection and arrangement thereof, is the exclusive property of Ourvita or its licensors and is protected by Italian and international copyright, trademark, patent, trade secret, unfair competition, and other Intellectual Property or proprietary rights laws.

6.2 The trademarks, service marks, trade names, and logos used and displayed on this Website, including without limitation “Ourvita”, the Ourvita logo and all related names, logos, product and service names, designs, and slogans (collectively, the “Trademarks”), are the registered and/or unregistered trademarks of Ourvita or its affiliates. You may not use, reproduce, or display any of the Trademarks without the prior written consent of Ourvita.

6.3 Nothing contained on this Website shall be construed as granting, by implication or otherwise, any licence or right to use any Intellectual Property of Ourvita without Ourvita’s express prior written permission. All rights not expressly granted herein are reserved by Ourvita.

7. DISCLAIMER — NO WARRANTIES

7.1 THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

7.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OURVITA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION:

(a) any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;

(b) any warranty that the Website or any Content will be accurate, complete, reliable, current, timely, or error-free;

(c) any warranty that the Website will be uninterrupted, secure, or free from viruses, malware, or other harmful components;

(d) any warranty arising from course of dealing, course of performance, or usage of trade.

7.3 The information provided on this Website is for general informational purposes only and does not constitute a contractual offer, a binding proposal, or a solicitation for the provision of contract development and manufacturing (CDMO) services or any other services. Any engagement for services shall be subject to separate written agreements executed by authorised representatives of Ourvita.

7.4 Ourvita does not warrant or guarantee that the results obtained from your use of the Website will meet your requirements or expectations, or that any defects in the Website will be corrected.

8. LIMITATION OF LIABILITY

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OURVITA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

(a) your access to or use of (or inability to access or use) the Website;

(b) any Content, information, or materials obtained from or through the Website;

(d) unauthorised access, use, or alteration of your transmissions or content;

(e) any breach of these Terms;

regardless of the theory of liability (whether in contract, tort, strict liability, or otherwise) and even if Ourvita has been advised of the possibility of such damages.

8.2 Without prejudice to the foregoing, in no event shall Ourvita’s total aggregate liability to you for all claims arising out of or relating to the Website or these Terms exceed ONE HUNDRED EUROS (€100.00). The exclusions and limitations set forth in this Section 8 shall not apply in cases of wilful misconduct or gross negligence of Ourvita, or any other liability that cannot be excluded or limited under applicable law.

8.3 Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for consequential or incidental damages. In such jurisdictions, Ourvita’s liability shall be limited to the greatest extent permitted by applicable law.

9. INDEMNIFICATION

9.1 You agree to indemnify, defend, and hold harmless Ourvita, its affiliates, and their respective directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or in connection with:

(a) your breach of these Terms or any representation or warranty contained herein;

(b) your use of or access to the Website;

(d) your violation or infringement of any third-party right, including without limitation any Intellectual Property, privacy right, publicity right, or contractual right;

(e) any Submission made by you pursuant to Section 5.

9.2 Ourvita reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you shall cooperate fully with Ourvita in asserting any available defences.

10. THIRD-PARTY LINKS

10.1 This Website may contain links to third-party websites, resources, or services that are not owned or controlled by Ourvita. Ourvita has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or resources.

10.2 The inclusion of any link on the Website does not imply endorsement, affiliation, approval, or sponsorship by Ourvita of the linked website or any of its content, products, or services.

10.3 You acknowledge and agree that Ourvita shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website. You access any third-party website entirely at your own risk.

11. THIRD-PARTY EMBEDDED CONTENT

11.1 This Website may embed or integrate content, widgets, or services provided by third parties, including without limitation Google Maps and social media platforms such as LinkedIn (collectively, “Embedded Content”).

11.2 Embedded Content is subject to the terms of service and privacy policies of the respective third-party providers. By interacting with Embedded Content, you may be providing information directly to the third-party provider. Ourvita is not responsible for the data collection, use, or privacy practices of any third-party provider.

11.3 Ourvita makes no representations or warranties regarding the functionality, accuracy, or availability of any Embedded Content and disclaims all liability arising from your use of or interaction with such content.

12. MONITORING AND CONSENT

12.1 Ourvita reserves the right, but has no obligation, to monitor, review, or record any activity and content associated with the Website, including without limitation any information transmitted to or through the Website.

12.2 Ourvita reserves the right, in its sole discretion, to modify, reject, refuse to post, or remove any information, content, or material transmitted to or displayed on the Website, at any time and without notice or liability to you.

12.3 By using this Website, you consent to such monitoring and acknowledge that you have no expectation of privacy with respect to any information you transmit to or through the Website, except as expressly set forth in our Privacy Policy.

13. GOVERNING LAW AND JURISDICTION

13.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of laws principles.

13.2 Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of Court of Bergamo (Tribunale di Bergamo), Italy, and you hereby irrevocably submit to the exclusive jurisdiction of such courts.

13.3 Notwithstanding the foregoing, nothing in these Terms shall deprive any User who qualifies as a “consumer” under applicable mandatory consumer protection legislation of any rights or protections afforded by mandatory provisions of applicable consumer protection law, including as to the courts having jurisdiction (which, for consumers habitually resident in Italy, shall include the courts of the place where the consumer resides or has elected domicile), or of the right to bring or defend proceedings before such courts, to the extent that such rights cannot be excluded or limited by agreement.

14. SEVERABILITY

14.1 If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, shall be deemed severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

15. FORCE MAJEURE

15.1 Ourvita shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond Ourvita’s reasonable control, including without limitation acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, civil unrest, government actions or orders, labour disputes, power failures, internet or telecommunications failures, cyberattacks, or any other force majeure event.

16. ENTIRE AGREEMENT

16.1 These Terms, together with the Privacy Policy and any other legal notices or policies published by Ourvita on the Website, constitute the entire agreement between you and Ourvita with respect to your access to and use of the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

16.2 No waiver by Ourvita of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Ourvita to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Ourvita Group

Email: info@ourvita.com

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End of Website Terms and Conditions