Terms and Conditions of Use for the website www.misterwhat.nl , administered by FABULABS S.p.A.
1. Domain of application of Terms and Conditions
1.1 Unless explicitly stated otherwise, these Terms and Conditions (hereinafter collectively referred to as "Terms") of www.misterwhat.nl (hereinafter "MISTERWHAT") apply to all services provided in the online business directory www.misterwhat.nl, in relation to the navigation on the Portal, the use of its Services and to all relationships and interactions between MISTERWHAT and the Users/Clients, unless special circumstances apply for a certain service.
MISTERWHAT: FABULABS S.p.A., Via Ticinello 22, Pavia (27100 – PV, Italy), P. IVA 02531310346 ("FABULABS"), promotes its activities and provides services through the website (“Portal”) www.misterwhat.nl ("MISTERWHAT").
Services: the services provided by the MISTERWHAT;
Registration: operation administered by MISTERWHAT involving the release of an alphanumeric Password, which, combined with an Email address allows users to login to the protected area of MISTERWHAT. The user who registers to MISTERWHAT accepts to receive messages and notifications from MISTERWHAT as part of the Service;
User: the internet user who visits MISTERWHAT and uses its Services;
Client: authorized natural entities/persons, legal persons, partners or private associations who complete the Registration procedure to access the registration-based services provided by MISTERWHAT.
1.3 In the online portal MISTERWHAT, users can search for different information about companies and authorized natural entities/persons. This information is recorded directly in the MISTERWHAT business directory by legal representatives of firms and authorized natural persons in question or is taken from publicly accessible documents, not protected by copyright and accessible by anyone. Clients present their activities in MISTERWHAT by using the services offered by MISTERWHAT, or use the different registration-based services provided by MISTERWHAT.
The Services offered by MISTERWHAT include, but are not limited to, the following:
A. Free access to a list of companies, professionals, clients, organized in business categories. New company profiles can be added for free by clients after registration;
B. MISTERWHAT may at any time enable features allowing users and/or clients to add comments, opinions, photos or other contents through the platform provided by MISTERWHAT.
1.4 Users and clients can apply for the services offered with or without registration solely on the basis of these terms and conditions. MISTERWHAT employees do not have the authorization to make additional oral agreements. Validity of other conditions is excluded. The terms listed here are also valid if MISTERWHAT fulfils an unconditioned request knowing the client's divergent conditions, even if these are different from the ones listed here.
2. Preliminary conditions of use
2.1 Using the portal services the client or user agrees to fully comply with the terms throughout the use of MISTERWHAT.
2.2 In order to present their business or to access specific services, clients need to register. Registration to MISTERWHAT is free. If the client has not completed an application form for registration, when data were taken from public sources, not protected by copyright and accessible by anyone, MISTERWHAT reserves the right to cancel the registration information without explaining it in writing to the client, in case it becomes impossible to update data from public sources not protected by copyright and accessible by anyone. As per the requirements of the registration form, all the information submitted by the client should be accurate, genuine, complete and current. The client is required to verify his publications at regular intervals and update his contact details and information. In case the client fails to meet the obligations concerning the absolute correctitude and completeness of the information in the fields marked mandatory, MISTERWHAT has the right to delete his registration temporarily or permanently and to forbid the client to use the registration-based services provided by MISTERWHAT.
2.3 Registration-based services can be used only by individuals who have unlimited legal capacity, who are over the age of 18, authorised legal persons and natural persons with residence and registered office in any country in the world. When a customer transfers his initial residence to another country access to the portal will be automatically cancelled or the data will be transferred to the portal of the country where the new residence is, if applicable. The client is required to immediately inform MISTERWHAT when he permanently changes his/her residence.
2.4 Minors must not use the portal services without parental consent and supervision. It is the responsibility of their legal representatives to determine which services are appropriate for their child, and MISTERWHAT cannot be held responsible under any circumstance for use of the services without parental supervision.
3. In the attention of clients and users
3.1 Clients can present their activities and companies for free using the services provided by MISTERWHAT.
3.2 The use of the MISTERWHAT portal services and its search functions does not imply any contractual relationship between the user and MISTERWHAT. In this sense there will not be contractual or quasi-contractual claims against MISTERWHAT. Likewise there will never be any claims against MISTERWHAT concerning the online publishing services.
3.3 MISTERWHAT offers users and clients a simple use right to use information provided by MISTERWHAT. This use right is unrestricted in time and space, and is limited to the search and visualization of the information for personal use only. Any other use of the information provided by MISTERWHAT is strictly prohibited. Prohibited uses of the provided information include: industrial or commercial misuse of the information presented on MISTERWHAT, the partial or complete reproduction, sale, distribution, transmission, publication of the information and data available on the Portal, the creation of directories and/or digital or printed databases, processing of the information to third parties. Users can use the portal only in accordance with legal provisions, particularly with the regulations applied to data protection.
3.5 The user is fully aware that all rights and responsibilities arising from the use of MISTERWHAT, including published contents, particularly the copyright law and the right to use, for example the database and files containing contact information, belong to MISTERWHAT or to third parties, especially to the clients. Databases of the portal are protected by copyright.
3.6 MISTERWHAT source code, software, data, logos, texts, images, graphics, page layout and design solutions are protected by copyright and by trademark rights whenever applicable. The trademarks and logos on the Portal are property of MISTERWHAT. Unless stated otherwise by MISTERWHAT, the copyright of the sofware, programs, source code, graphics, design, texts, data etc. belongs to MISTERWHAT. Users/clients agree that the logos, trademarks, contents, information, software program and code, data and any other technical, creative, graphical solution on the Portal are property of MISTERWHAT and can be used by the user/client for the sole purpose of using the Portal and its Services. Any reproduction or unauthorised use, including but not limited to: the partial or complete reproduction, sale, modification, distribution, transmission, publication is prohibited and it is subject to civil and criminal law. Any reproduction or any other use requires written authorization.
3.7 When infringing use rights, clients and users are entirely liable for any damages arising therefrom.
3.8 The user or client may make the services provided by MISTERWHAT accessible to third parties only after first obtaining written permission from MISTERWHAT, when it is not an end client or a visitor of their web site who uses the services for his own purposes.
3.9 The user or client must to report MISTERWHAT without delay any occurring error or other threats and abuse committed by others.
3.10 Users or clients are not allowed to post or send, by email or any other means, any type of viruses or any other software programs aimed at interrupting, destroying or limiting the functionality of any software, hardware or telecommunication devices. For all the information transmitted, by email or any other means, whether it is publicly posted or privately transmitted, including but not limited to photos, video, graphics, news, data, text, software, sound, or any other kind of content, the entire liability rests solely with the person who sent that particular content.
3.11 Despite periodically monitoring the Portal, MISTERWHAT cannot guarantee that the Portal is immune from viruses and other potentially obnoxious programs. It is the responsibility of the user/client to adopt all the security measures and up to date software that are necessary to protect their devices.
3.12 MISTERWHAT does not verify any content posted by registered clients or users through the portal and does not guarantee (nor assume any responsibility for), the correctness, quality, integrity or completeness of such content. Users and clients should consider the information on the Portal as an indication, and accept that MISTERWHAT is not responsible for any omission, missing information, incorrect information published on the Portal.
3.13 MISTERWHAT has no control over the content posted by users and clients. The content of the company profile cannot have any reference to the following contents: excessive profanity, content related to racial intolerance or advocacy against any individual, group or organization, pornography, adult or mature content, hacking or cracking content, illicit drugs and drug paraphernalia content, sales of beer or hard alcohol, gambling/casino related content, sales of tobacco or tobacco related products, weapons or ammunition and any other content that is illegal, infringes on the legal rights of others and promotes illegal activity. MISTERWHAT reserve the right to delete with immediate effect the company profile page of those companies that contains any of such contents. Likewise, it must not be published any data, texts, images, files, links, software or different contents, which is considered by MISTERWHAT to be harmful, illegal, defamatory, abusive, harassing, vulgar, hateful, obscene or objectionable in any way.
3.15 Spamming the MISTERWHAT portal is prohibited. This includes sending illegal and unsolicited emails, publicity and promotional offers to third parties. When sending emails, it is prohibited to provide false information concerning the sender, or to hide his identity.
3.16 MISTERWHAT reserves the right to sell advertising space or place advertising on the Portal, free or paid, as deemed appropriate.
4. Security and Obligations of Registered Users
4.1 The user/client agrees to access the Portal and use its Services in accordance with Italian Law 196/2003 regarding the processing of personal data, Law 30/2005 regarding Industrial Property and Law 633/1941 regarding Copyright, Law 70/2003 regarding ecommerce as well as Laws against ‘cybercrimes’. This includes, but is not limited to: the user/client agrees to: a) not to abuse the portal for any illegal purposes; b) not to use the Portal to publish or transmit in any way any information or content that is incorrect, offensive, abusive, not legitimate, unlawful, illicit, pornographic, explicit, gross, obscene, racist, insulting, defamatory; c) not to transmit any materials, contents, messages inviting others to act against the law; d) not to spam, not to send commercial and/or promotional messages; e) not to upload, install, spread viruses, malware and other obnoxious sofwares and programs in the network and system. Not to interfere with, damage, erase, delete goods and/or personal information; f) not to perform actions that could voluntarily, artificially or in any way overload the Portal and its Services.
4.2 (Security and Access) When registering on the MISTERWHAT portal, the account holder is responsible for all activities conducted through his/her account. The account holder is not allowed to share the password with third parties. The user/client has the sole responsibility to securely store, preserve, manage and correctly use the password: the user/client agrees to take all necessary measures to protect and correctly use the password, and to immediately notify MISTERWHAT about lost password, unauthorized use of the password and any possible abuse. MISTERWHAT can in any moment and without notice modify and/or disable the Password for technical and security reasons, communicating the change to the user/client, who will need to follow the instructions to access the Portal again. In order to prevent possible abuses, the account holder is required to use the available 'Sign Out' button upon leaving the portal.
4.3 The client sends all the necessary information to implement the service. He reserves the right to transfer and publish data and information and undertakes to comply with data protection regulations. MISTERWHAT posts online and for free the published contents for its users.
4.4 The client is fully responsible for the accuracy and legality of the information provided by him. This is especially true for clients who have a protected professional title or who are members of a professional association (for example, architects, doctors, tradesmen, lawyers, notaries and accountants). The client explicitly guarantees that the recorded data comply with local laws.
4.5 The client agrees to indemnify MISTERWHAT regarding any third-party claims arising from illegally published information. This indemnity obligation includes the obligation to relieve entirely the operator of the portal of legal defense costs (for example lawyers, Court, Court of Appeal, and legal fees).
4.6 MISTERWHAT can send information and explanations concerning Terms, in particular to the email address of the client. The client is responsible for checking regularly the email address through which he registered to MISTERWHAT.
4.7 MISTERWHAT has the right to regularly inform the client about news and new services offered through newsletters and can ask the client to revise or update his published information. If MISTERWHAT has any reason to believe that the published information is false, inaccurate, outdated or incomplete, MISTERWHAT has the right to request from the client to update the information by email at any time; if the client does not respond to the email, MISTERWHAT reserves the right to delete his profile from the portal.
4.8 The registered account holder is fully responsible for access control and for the consequences of abuse committed during his access, as a result of neglected safety measures.
5. Rights of Use
5.1 MISTERWHAT is authorized to store contents and to deliver them to third parties as far as it is required by law or it is necessary and/or permitted by law, in order to comply with legal regulations or judicial/administrative orders to put into force the terms and conditions, to respond to allegations of copyright infringement by third parties, or to protect the rights, property or personal safety of MISTERWHAT, users and clients. MISTERWHAT emphasizes that the technical processing and transmission of contents from clients can be accomplished through different networks. Contents might be slightly changed to adapt to different requirements of connecting networks or other devices (like different Internet browsers).
5.2 The client undertakes that he has all the necessary rights to publish all the texts and other materials online. The client transfers all the necessary rights to MISTERWHAT for online publication of his presentations, namely: the use rights, the protection of service and other rights, in particular the right to publish and reproduce pictures, logos, the content etc.
The business directory Misterwhat provides free access to publicly available information not protected by copyright and accessible by anyone (business name, address, phone number) on businesses and professionals. Data can be added, edited, removed by Users/Clients for free, through Registration and email confirmation (Users/Clients need to click on the confirmation link provided in the email). Data treatment is performed by MISTERWHAT according to the prescriptions contained in the data protection code, considering that the data is about companies, professional and organisations that operate publicly and are accessible directly and from a number of publicly available sources not protected by copyright and accessible by anyone.; as such, data can be treated by third parties that must adhere to the prescriptions contained in the code for the protection of personal data, including those of art.130, regarding unsolicited/undesired communication. Every company/professional/organization listed on MISTERWHAT can exercise their rights as per art. 7 of D.Lgs. 196/03, including the right to:
Obtain the confirmation of existence of his/her personal data and get them in intelligible form;
Ask to update, amend, correct, integrate, delete his/her information;
Such rights can be exercised by writing to Fabulabs S.p.A. to the email address
or by sending a fax to the number +39 0382.049305.
6.2 If we present information that is not covered by the Data Protection Act, for example, in the case of legal persons or pseudonyms, these conditions of confidentiality are not applicable to these records.
6.3 In case your rights are affected by a record, please let us know. We will delete every problematic record.
6.4 Collection and processing of personal data: when you visit our site, as with most other websites we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your Internet Service Provider, the browser you used to visit our site, the time you visited our site and which pages you visited throughout the website. We will evaluate the data to estimate the use of our system in order to improve our services and to compile aggregate statistics. We have safety procedures in place to protect this data. We do not use the collected information for any personal or commercial purpose, and we never sell your personal information to third parties. In addition, personal data are collected only if you provide us with it voluntarily. Some of our services require registration. Your personal information required for this individual use is collected and used only in accordance with legal provisions for the protection of personal data. If we collect personal data as part of the registration, data which are not required to power the service, we will mark this by voluntary indication.
6.5 Users and client of MISTERWHAT must use the portal and its services in accordance with Italian Law 196/2003 regarding the processing of personal data, Law 30/2005 regarding Industrial Property and Law 633/1941 regarding Copyright, Law 70/2003 regarding ecommerce as well as Laws against ‘cybercrimes’.
The processed personal data include: name of the natural person in question, his address, email address, phone number, fax number, as well as picture as the case may be. MISTERWHAT has no personal benefit of the information collected here. As for the details of the right of access and intervention of the authorised natural person to the data, they are presented in these terms.
We also use third party advertisements MISTERWHAT. Some of these advertisers may use technology such as cookies when they advertise on MISTERWHAT, which will also send these advertisers information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geo-targeting purposes, such as showing London restaurants in London, or showing certain ads based on specific sites visited, such as showing sport clothing ads to a user who frequents golfing sites.
You can disable or selectively turn off our cookies or third-party cookies in your browser settings. However, this can affect how you are able to interact with MISTERWHAT as well as other websites. This could include the inability to login to services or programs, such as logging into your account.
6.7 You have the right to request information for free, in writing, about the personal data we hold about you. Your claims and the correction, blocking or deletion of data will be applied immediately, if they are legally permitted. If you have questions or comments regarding the use of personal data by our company, please contact us. Please note that emails can be read by third parties. If you send us confidential information, please send it in writing or by fax. Please contact us at:
FABULABS S.R.L. - Via Ticinello 22 - 27100 Pavia - ITALY - Email:
- Fax: +39 0382 049305
7. Limitation of Liability
7.1 MISTERWHAT is not responsible for the contents or activities provided by the users and clients of the portal. This information cannot be attributed to the operator of www.misterwhat.nl and it does not represent its views. The contents include links, profile information, reviews, comments, pictures and videos posted on the web pages of the portal.
7.2 MISTERWHAT holds as highly important that the service is reliable and the servers suffer as few interruptions as possible. Any interruption caused by maintenance or server failures cannot be excluded, and MISTERWHAT does not assume responsibility for any such interruption.
7.3 MISTERWHAT assumes no liability for damages arising from the use of the business directory by clients or users because in case of such free services in legal sense there is no service contract. Therefore there cannot be claims for loss of profits, third party claims for compensation or other direct or indirect damages resulting from interruptions or misuse of the service by its user(s).
8. Rights of public content
8.1 If the client or user publishes contents or files in publicly accessible areas, he gives MISTERWHAT the right to use these contents (in whole or in part) on a global level, to reproduce, modify, adapt and publish them, if this is done only for the sole purpose of presentation, distribution and promotion of the content in question.
8.2 This right is valid only for the period of publication made by the client or user. Clients can remove their publication from the portal at any time.
8.3 If the client or user does not have the right to publish a particular content, he must ensure that the content rights holder has agreed to the transfer of rights under the above provisions.
8.4 For current and future services to meet more precisely his requirements, the client accepts that a pseudonym may be requested and be used when he applies for services. The authenticated pseudonymous data, in accordance with the law, will not be merged with the data of the pseudonym holder. MISTERWHAT uses these protocols only for its own purposes and in the interest of its clients to develop new services. There will be no transfer of personal data to third parties.
9. Security of personal data processing
9.1 MISTERWHAT uses all the technical and organizational security measures to protect authentication information, passwords or any other data recorded for security purposes, from destruction, manipulation, loss, unauthorized access. The methods used to meet the protection requirements are in accordance with the generally accepted standards of this field.
10.1 The exclusive place for all the disputes concerning services provided by MISTERWHAT is Pavia, Italy. For all claims of any kind arising from or in connection with a situation under terms and conditions, the Italian legislation will be applied.
11.1 If some provisions of these Terms, in whole or in part, are no longer valid, or will lose their legal effect later, the validity of the Terms will not be affected more than that. Instead of the inefficient regulations the legal provisions will come in force automatically. The same applies in case of any possible omissions in the terms.
What are Cookies?
The types of information typically collected by cookies include information relating to your use of the MisterWhat Sites, your browser type, your device's IP address, how you arrived on one of the MisterWhat Sites etc.
, which contains comprehensive information on how to do this on a wide variety of desktop browsers.
Types of Cookies used
Further information about the types of cookies that are used on this Site can be found below.
These cookies are strictly necessary to the MisterWhat Sites in order to enable you to navigate through the websites and to use their features. No information about your browsing habits is gathered by these cookies.
Without these essential and absolutely necessary cookies, certain aspects of the Sites would not work.
Analytics cookies collect information about how users interact with the MisterWhat Sites, and enable us to improve the way the website works, provide better products and service to our users and identify any areas of the Sites that may need maintenance.
For example, analytics cookies show us which are the most frequently visited pages on the MisterWhat Sites, help us record any difficulties you have with the navigation, show us where error messages are delivered and whether advertising is effective or not. This allows us to see the main patterns of usage on the Sites. Some of the analytics cookies we use may be operated by trusted third parties. Accepting analytics cookies is a condition of using the MisterWhat Sites and by continuing to use the Sites, you agree we can place analytics cookies on your device.
These cookies are just used for statistics, they don't collect information that identifies individuals and we can't identify you personally through the use of these cookies. All information provided by these cookies is anonymous.
We use functional cookies to remember how you use the MisterWhat Sites and the choices you make. For example, functional cookies allow this Site to remember your user name, log in details, and any customisations you make to the Sites during your visit. We can't identify you personally through the use of these cookies, nor do these cookies track your browsing habits, but they do help us serve you with ads.
Advertising or targeting cookies
Targeting or advertising cookies collect information about your browsing behaviour and habits in order to make advertising more relevant to you and your interests and help measure the effectiveness of advertising on the Site.
We use third party cookies to make advertising relevant to the content/pages you are visiting and to your interests. The MisterWhat Sites uses targeting or advertising cookies to provide Google, Criteo and other advertising agencies and advertising networks with information on your visit so that they can present you with relevant advertising that you may find interesting; we link to social networking websites like Facebook, Twitter who may then use information about your visit to target advertising to you on other properties.
How to control Cookies
You may wish to refer to the resources listed below:
- Terminology and definitions - For more information see http://www.allaboutcookies.org/
- To learn more about how Google uses data when you use its partners' sites or apps, please visit http://www.google.com/intl/en/policies/privacy/partners/
- For further information about DoubleClick cookies and how to opt out, please see https://support.google.com/adsense/answer/2839090
- For further information about Google Analytics, including how to opt out, please see https://support.google.com/analytics/answer/6004245
If you would like to learn more about advertising networks, affiliate programmes and how cookies are used for advertising purposes, please see www.youronlinechoices.com/uk
. This is a useful portal run by IAB (Internet Advertising Bureau), provides all the information about online advertising and the choices available to you. To prevent being tracked by advertising networks and other organisations please see http://www.youronlinechoices.com/uk/your-ad-choices
Pavia, 2015 -
FABULABS S.p.A. -
Via Ticinello 22 -
27100 Pavia -