Terms and Conditions

Agreement to Terms

By accessing our website located at torchl-ight.com or using any of our services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. This agreement applies to all visitors, users, and others who access or use our services.

If you do not agree with any part of these terms, you must discontinue use of our website and services immediately. Your continued use constitutes acceptance of these terms and any subsequent modifications.

User Obligations and Responsibilities

1. Compliance with Laws

You agree to comply with all applicable local, national, and international laws and regulations in your use of our services. This includes but is not limited to:

Intellectual property laws and copyright regulations
Data protection and privacy legislation
Export control and trade sanction laws
Consumer protection regulations
Anti-money laundering and counter-terrorism financing requirements

2. Prohibited Conduct

You expressly agree not to engage in any of the following prohibited activities:

Using our services for any unlawful purpose or to further illegal activities
Violating or infringing upon the intellectual property rights of others
Transmitting false, misleading, or fraudulent information
Engaging in harassment, defamation, or abusive behavior
Distributing spam, unsolicited communications, or malicious software
Attempting to circumvent security measures or access restricted areas
Interfering with the proper functioning of our services

3. Content Submission Guidelines

When submitting content through our platform, you warrant that:

You own or have the necessary rights to the content you submit
Your content does not violate any third-party rights
Your content does not contain unlawful, harmful, or objectionable material
Your content complies with applicable laws and regulations
You will not submit content containing confidential information of third parties without authorization

4. Age Restrictions

Our services are intended for users who are at least eighteen years of age. By using our services, you represent that you are of legal age to form a binding contract and meet all eligibility requirements. If you are under eighteen, you may not use our services.

5. Account Responsibilities

If you create an account with us, you are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring your account information remains accurate and current
Complying with all applicable terms when using your account

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Torchlight, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

Your violation of these Terms and Conditions
Your violation of any law or the rights of a third party
Your use or misuse of our services
Any content you submit or transmit through our services
Your breach of any representations or warranties contained herein

This indemnification obligation will survive the termination of these Terms and Conditions and your use of our services.

Liability Disclaimers and Limitations

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

Implied warranties of merchantability and fitness for a particular purpose
Warranties regarding the accuracy, reliability, or completeness of content
Warranties that our services will be uninterrupted, secure, or error-free
Warranties that defects will be corrected
Any warranties arising from course of dealing or usage of trade

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Torchlight be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, revenue, or business opportunities
Loss of data or information
Business interruption
Loss of goodwill or reputation
Cost of substitute goods or services

This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Maximum Aggregate Liability

Our total aggregate liability arising out of or related to these Terms and Conditions or your use of our services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to Torchlight for services during the twelve months preceding the event giving rise to the liability.

Exclusion of Consequential Damages

Under no circumstances shall we be held liable for any delay or failure in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, governmental actions, internet failures, or equipment malfunctions.

Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law. The limitations and exclusions in these terms do not affect your statutory rights as a consumer.

Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information.

By accepting these Terms and Conditions, you acknowledge that you have read and understood our Privacy Policy and consent to the collection and use of your information as described therein.

Governing Law and Jurisdiction

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Exclusive Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms and Conditions or your use of our services shall be brought exclusively in the competent courts of Milan, Italy. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Dispute Resolution

Before initiating any formal legal proceedings, we encourage parties to attempt resolution through good faith negotiation. If you have a dispute, you agree to first contact us and attempt to resolve the matter informally by sending a detailed description of the dispute to our contact address.

If the dispute cannot be resolved within sixty days of initial notification, either party may pursue formal legal remedies in accordance with these terms.

Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Intellectual Property Protection

All intellectual property rights in our website, services, and content, including but not limited to copyrights, trademarks, trade secrets, patents, and design rights, are owned by or licensed to Torchlight. These rights are protected by international intellectual property laws.

Nothing in these Terms and Conditions grants you any license or right to use our intellectual property except as expressly stated. Any unauthorized use may violate copyright, trademark, and other laws and could result in criminal or civil penalties.

Termination Rights

We reserve the right to suspend or terminate your access to our services, with or without notice, for any reason, including but not limited to:

Violation of these Terms and Conditions
Fraudulent, abusive, or illegal activity
Extended periods of inactivity
Requests by law enforcement or government agencies
Technical or security issues

Upon termination, your right to use our services will immediately cease. Provisions of these terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Severability and Interpretation

Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if modification is not possible, it shall be severed from these terms. The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Torchlight. A waiver of any term or condition shall not be deemed a waiver of any other term or condition.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Torchlight concerning your use of our services and supersede all prior agreements and understandings, whether written or oral.

Assignment

You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder without our prior written consent. We may assign or transfer these terms, in whole or in part, without restriction. Any attempted assignment in violation of this provision shall be null and void.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Modifications to Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time at our sole discretion. Any changes will be effective immediately upon posting on our website. The date of last modification will be updated at the top of this page.

Your continued use of our services following the posting of changes constitutes your acceptance of such changes. We recommend reviewing these Terms and Conditions periodically to stay informed of any updates.

Contact Information

For questions, concerns, or notices regarding these Terms and Conditions, please contact us:

Torchlight

Via Durini 28, 20122 Milano, Italy

Phone: +39 02 7602 4817

Email: info@torchl-ight.com