Terms and Conditions (English)

Terms and Conditions

Last updated: January 10, 2024

 

Preamble

This site is independently managed and does not in any way represent the Basilica of Our Lady of Porto in Gimigliano, the associated parish, or the Diocese of Catanzaro-Squillace. For official information, please contact the Diocese of Catanzaro-Squillace directly.
You can also contact the sanctuary directly at +39 0961 995046.

This website (hereinafter also referred to as “the Site”) is owned by Sagacious Wonderer e.K. (hereinafter also referred to as “S.W.e.K.”), who is responsible for its publication, management, and updates.

The Site, including all contents, is freely accessible to any individual or entity (hereinafter also referred to as “Visitor” or “Visitors”) who browses its web pages, subscribes to the newsletter, or receives emails from the Site. However, usage is contingent upon full and unconditional agreement with this Terms and Conditions of use.

These premises are an integral part of the Conditions.

 

1. Prevalence

These Terms and Conditions apply to this Site.
Should there be any conflict between the provisions of these Conditions and those of any additional contracts regulating the Visitors’ relationship with any aspect of this Site, the provisions of these additional contracts will prevail.

 

2. Binding Agreement

By accessing or using this website in any manner, the user agrees to be bound by these Terms and Conditions as stated below. The mere use of this website implies knowledge and acceptance of these Terms and Conditions.

 

3. Updates

S.W.e.K. reserves the right to change these Conditions at any time without notice. It is the Visitor’s obligation to periodically check these Conditions for any changes or updates.
The date indicated at the beginning of these Conditions is the last revision date. Changes to these Conditions will become effective from the time they are posted on this website.
Continued use of this website following the posting of changes or updates to the Conditions will be considered notification of the Visitor’s acceptance and compliance with these Conditions.

Regarding content: this Site should not be considered a journalistic source as it is not updated on a periodic basis. Similarly, this Site should not be considered an information medium or an editorial product.

 

4. Intellectual Property

S.W.e.K. exclusively owns and governs all intellectual property rights on the Site, including copyrights, trademarks, and patents. This encompasses all content, data, and resources on the Site, except for videos, images, and photographs: refer to Photo Credits for these.

The Visitor may not reproduce, distribute, or make public the Site’s Content, or extracts thereof, except as provided in these Conditions.

 

4.1 All Rights Reserved

Unless otherwise specified by the specific content, the Visitor is not granted a license or any other right under copyright, trademarks, patents, or other intellectual property rights. This means that the Visitor cannot use, copy, reproduce, perform, display, distribute, embed in any electronic medium, alter, decompile, transfer, download, transmit, monetize, sell, or market any resource of this website in any form, without the prior written permission of S.W.e.K., except and only to the extent otherwise determined in mandatory legal regulations (such as the right to quote).

 

4.2 Authorization to Use

Unless otherwise specified, reproduction, transmission, printing, publication, and distribution of the Site’s contents or any part thereof is strictly prohibited without the prior written authorization of S.W.e.K.

Any authorization must therefore be requested via email in written form directly to:

Sagacious Wonderer e.K.
email: info@swek.com.de

A lack of response shall never be deemed a tacit acceptance of the request to use.

 

5. Third-Party Links and Liability

This Site may include links to third-party websites, over which S.W.e.K. has no control or ownership. Such external sites, including their content, products, or services, are governed by their respective Terms and Conditions. S.W.e.K. neither endorses nor assumes responsibility for opinions, materials, privacy practices, or content on these third-party sites.

Visitors use these external links at their own risk and are responsible for reviewing the policies of these sites. S.W.e.K. disclaims liability for any loss or damage arising from the use of these external sites or the disclosure of personal information to third parties through them.

 

6. Responsible Use and Compliance

Visitors agree to use the Site responsibly, in alignment with these Terms, applicable contracts, laws, and online standards.

The Visitor declares to be of legal age and/or legally capable, according to the laws of their country, to fully comply with these Terms. If browsing and using the Site’s content occurs in the company of minors, the adult Visitor automatically assumes responsibility for the minors’ compliance with these Terms.

The Site is for personal, non-commercial use only.

The Visitor may not use this Site and/or its services to use, publish, or distribute any material consisting of (or linked to) harmful computer software.

The Visitor may not use data collected from this Site for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to this Site.

It is strictly forbidden to engage in any activity that may cause or could cause damage of any kind to the Site, or that interferes with the performance, availability, or accessibility of the Site.

By using the Site, the Visitor commits to ensuring that the use will fully respect these Terms, will not violate the rights of any other subject or third party, will not constitute a breach of a contractual obligation or a legal obligation towards any third party, and will not contravene applicable laws.

The Visitor also indemnifies S.W.e.K. against any liability towards any subject, arising from non-compliant use of the site with these Terms, or in any way contrary to applicable laws.

The Visitor grants S.W.e.K. the right to delete any possible intervention by the Visitor on the Site, such as, for example, comments on articles on the Site.

 

7. Warranties and Liability

Nothing in this section will limit or exclude any implied warranty by law that would be illegal to limit or exclude.
This Site and all its contents are provided “as is” and “as available”. Despite the utmost efforts made to verify the quality and correctness of all the information and contents on the Site, such contents and information may still include inaccuracies and/or typographical errors.

S.W.e.K. expressly disclaims all warranties of any kind, whether express or implied, regarding the availability, accuracy, or completeness of the Site’s content.

S.W.e.K. does not guarantee that:

  • this Site and/or its content will meet the Visitor’s needs;
  • this Site will be available uninterrupted, timely, secure, or error-free.

Nothing on this Site constitutes or is meant to constitute legal, financial, or medical advice of any kind. If the Visitor believes they need advice, they should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude the liability of S.W.e.K. in relation to any matter which would be illegal, or illegal to limit, or illegal to exclude liability.

Under no circumstances will S.W.e.K. be liable for any direct or indirect damage (including damages for loss of profits or revenue, loss or corruption of data, software or database, or loss or damage to property or data) incurred by Visitors, or by any third party, arising from access to or use of the Site.

Except to the extent any additional contract expressly states otherwise, the maximum liability of S.W.e.K. to Visitors for all damages arising from or related to the Site or any product and service described (it is reminded that this site does not directly sell any product or service, and that S.W.e.K. does not directly sell any product or service to Visitors), regardless of the form of legal action imposing liability (whether in contract, equity, negligence, intentional conduct, tort, or otherwise) will be limited to any net commission paid to S.W.e.K. by any third parties in relation to any sale of goods and/or services made by third parties on third-party sites linked to this Site by affiliate links. This limit will apply collectively to all claims, actions, and causes of action of every kind and nature.

 

8. Termination of Use

S.W.e.K. may, at its personal discretion, at any time alter or cease access, temporarily or permanently, to the Site and/or any service connected to it. The Visitors acknowledge that S.W.e.K. shall not be liable to them or to any third party for any modification, suspension, or interruption of their access, including content shared on related social channels. No compensation will be due for lost features, settings, or content. Visitors are prohibited from circumventing or attempting to circumvent any access restrictions on the Site or associated social channels.

 

9. Privacy

To access the Site and/or its connected services and/or related social channels, the Visitor may be required to provide certain information as part of the registration process. The user agrees that any information provided is always accurate, correct, and up-to-date.

For details on data handling please refer to the Site’s Privacy Policy and Cookie Policy.

 

10. Restrictions and Compliance

Access to the Site is prohibited from regions where its content is illegal under local laws.

Visitors must also comply with the export laws and regulations of Germany and the European Union.

 

11. Affiliate Marketing and Sponsorships

S.W.e.K. participates in affiliate marketing programs through which it may receive a percentage or commission on sales of products or services promoted via affiliate links on this Site. Additionally, S.W.e.K. might accept sponsorships or other forms of advertising compensation from companies or third parties, maintaining however editorial independence and objectivity in published content.

In compliance with legal requirements on marketing and advertising, S.W.e.K. provides this disclosure to ensure maximum transparency to Visitors.

Affiliate Marketing: when the Visitor clicks on an affiliate link on this Site and subsequently makes a purchase of a good or service on the external site to which the link redirects (once again, it is reminded that S.W.e.K. does not directly sell goods or services to Visitors), S.W.e.K. may receive a commission or compensation from the affiliated company (the company that operates the external site where the Visitor has made a purchase of a good or service).

Prices of goods and services: this affiliate link mechanism does not negatively affect the price of the goods or services that the visitor may purchase.   In some cases it even allows obtaining discounts or advantageous conditions. However, S.W.e.K. cannot always guarantee that the links direct to the best offers on the market at the time the Visitor clicks on the link, because a continuous and constant market check is objectively impossible for S.W.e.K.

Where the Site provides details or even only general indications of the prices of services offered by external sites or businesses, S.W.e.K. assumes no responsibility for the accuracy, and particularly for the updating, of such information and price indications, as the third-party sites that sell the goods and services to which the affiliate links direct do not always communicate price changes and conditions of such goods and services to S.W.e.K., and it is objectively impossible for S.W.e.K. to constantly monitor the evolution of such prices across the entire market, and it is anyway impossible for S.W.e.K. to constantly update the Site with the continuous change in prices.

Sponsorships and Compensations: S.W.e.K. may accept sponsorships or other forms of compensation from companies or third parties. Despite receiving sponsorships, S.W.e.K. commits to unbiased reviews based on the author’s experience.

Independence and Objectivity: despite S.W.e.K. possibly receiving compensations or financial benefits from third parties, S.W.e.K. commits to maintaining clear editorial independence and providing informative and objective content to Visitors. All reviews and recommendations published are based on sincere evaluations of the author.

Visitor Responsibility: Visitors are responsible for conducting their own research and making informed decisions before making purchases or using services based on information provided on this Site.

By accessing and using this Site, the Visitor accepts and understands this disclosure related to affiliate marketing and sponsorships.

For further details on the disclosure policy and the management of personal information, please consult the Privacy Policy.

 

12. Assignment

Visitors are prohibited from assigning, transferring, or subcontracting any rights or obligations under these Terms and Conditions, in whole or in part, without S.W.e.K.’s prior written consent. Unauthorized attempts to assign shall be considered null and void.

 

13. Violations of Terms and Conditions

Without prejudice to other rights under these Terms and Conditions, Should a Visitor breach these Terms in any manner, S.W.e.K. reserves the right to take appropriate actions, including the temporary or permanent suspension of access to the Site, contacting the Internet service provider for access restriction to the Site, and/or pursuing legal measures.

 

14. Force Majeure

Neither party will be liable for delays, failures, or non-performance of their obligations (except financial obligations) under these Terms if caused by events beyond their reasonable control.

 

15. Indemnification

The Visitor agrees to release from liability, defend, and compensate S.W.e.K., from and against any claims, liabilities, damages, losses, and expenses, related to their violation of these Terms and Conditions, and applicable laws, including intellectual property and privacy rights.

Visitors agree to indemnify and hold S.W.e.K. harmless against any claims, liabilities, damages, losses, and expenses arising from their violation of these Terms and Conditions or applicable laws, including intellectual property and privacy rights. Visitors will promptly reimburse S.W.e.K. for damages, losses, costs, and expenses related to or arising from such claims.

 

16. Waiver

The failure to enforce any provision of these Terms and Conditions or any related Agreement or Contract, or the failure to exercise any right of termination, should not be deemed a waiver of such provision and shall not affect the validity of these Terms and Conditions or any related Agreement or any part thereof. All rights under these Terms remain enforceable.

 

17. Entire Agreement

These Terms and Conditions, along with the Privacy Policy and Cookie Policy, constitute the entire agreement between the Visitor and S.W.e.K. in relation to the Visitor’s use of this Site.

 

18. Language

The official language for these Terms is English. All communications should be in English unless otherwise mandated by law.

 

19. Applicable Law and Jurisdiction

These Terms and Conditions are governed by German law. Any dispute relating to these Terms and Conditions fall under the jurisdiction of German courts.

In the event of any disputes where it is not possible to reach an amicable solution, the competent court for any dispute will be the Traunstein District Court, Bavaria, Germany.

If any part or provision of these Terms and Conditions is found to be invalid and/or unenforceable by a court or other authority under the applicable law, such part or provision it will be modified to the minimum extent necessary, leaving other provisions unaffected.

 

20. Contact Information

This website is owned by Sagacious Wonderer e.K.

This website is operated by Sagacious Wonderer e.K.

Sagacious Wonderer e.K. can be contacted regarding these Terms and Conditions by sending an email to: info@swek.com.de

or by mail at:

Sagacious Wonderer e.K.
c/o COCENTER
Koppoldstr. 1
86551 Aichach
Germany

Email is always the preferred method of communication.

 

21. Electronic Communication

Visitors agree that their use of this Site or electronic communication with S.W.e.K. constitutes consent to receiving electronic communications. Such communications fulfill any legal requirement of being in writing, including agreements, notices, and disclosures.

 

 

Also refer to the following documents:

Privacy Policy

Cookie Policy