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Terms and Conditions
These Terms and Conditions govern the sale of Services on the site la casadellamusica.emilianotoso.com
The Provider reserves the right to change these Terms and Conditions and the Privacy Policy and said changes will be made known to Users through the Site with an appropriate notice. Said notice may, at Supplier's discretion, also be made by sending an appropriate email.
The online sale of the Services on the Site is governed by the rules of the Consumer Code Legislative Decree No. 206/2005 and the Electronic Commerce Code Legislative Decree No. 70/2003.
ARTICLE 1 DEFINITIONS
For the purposes of this contract:
Service provider: Translational Music S.r.l., Via Lamarmora 9, 13888 Mongrando (BI) P.Iva02654640024 email: casadellamusica@emilianotoso.com
General Terms and Conditions: The set of these contractual clauses that determine and define the relationship between the Supplier and Participant
Website: lacasadellamusica.emilianotoso.com
Services: subscription sales of audio and video content
Purchase: the onerous purchase of the above Service from the day of the conclusion of the purchase
Order: The proposed purchase made by the User through the procedures of the Site and in particular through the Shopping Cart.
Material: all material on the website
Participant: generically the Consumer or Professional who has purchased a subscription
Client: any party who purchases the Service sold through the Site
Consumer: The natural person acting for purposes unrelated to professional or business activity
Professional: one who acts for professional purposes and is a Wellness Worker
User: any person who has access to the website
ARTICLE 2 OBJECT OF THE CONTRACT
These Terms and Conditions pertain to the Services referred to in the following article and are valid between the Provider and any User who makes a purchase on the Website, set forth the conditions of use of the Website, the manner of participation in the Subscription Content and the Services reserved for Participants. Any toleration by the Provider of conduct that is in violation of the provisions of these conditions shall not constitute a waiver of that party's rights under the foregoing. If any of the conditions is found to be null and void or ineffective, the nullity or ineffectiveness, if any, shall not extend to the remaining terms of the contract.
ARTICLE 3 SERVICE DESCRIPTION
The Service offered by the Provider covers different types of subscriptions having to do with original therapeutic audio content, playlists of songs aimed at specific therapeutic purposes, training videos, videos of shows and concerts and video interviews, photos, live events with workshops and concerts all divided into Thematic Rooms. For Wellness Practitioners there is a subscription that allows access to a dedicated room with exclusive content. Wellness Operators acquire at the conclusion a certificate of participation. For Wellness Operators also is provided access to the Forum on the website in which they can write and exchange messages with other Operators observing the rules established in the detailed in the Regulations that is an integral and substantial part of these Terms And Conditions.
ARTICLE 4 DURATION OF SERVICE
The duration of the Subscription Services is detailed on the website. After making the purchase, the relationship is understood to be tacitly renewed unless the automatic renewal is cancelled and subsequent termination is due at any time prior to the renewal date. The Provider will send reminder emails to remind Participants of the approaching expiration and renewal. Access to the purchased Service is permitted as long as the Participant has renewed the subscription, has not requested cancellation, or cancellation is ordered by the Provider. It is possible to upgrade one's subscription, which will consequently upgrade on the first day after the expiration of the current monthly payment.
ARTICLE 5 PRICES.
Prices are displayed on the Website in euros. The Provider reserves the right to change the price, at any time, without prior notice, it being understood that the price charged to the User will be the one indicated on the Website at the time the order is placed and that no account will be taken of any changes (upward or downward) subsequent to the transmission of the same. The Provider may at different times of the year allow free access to the website for 7 days at the end of which the subscription will commence unless terminated.
ARTICLE 6 MODE OF REGISTRATION
In order to be able to make the purchase of the Service, the User will have to make a special registration, through which he/she will have to enter his/her required personal data. The User is responsible for the truthfulness and correctness of the same.
Upon registration, the User will be asked to confer username, e-mail and password. The e-mail address conferred during registration allows the User to access the restricted area and the purchased service. The e-mail address conferred during registration also allows the Provider to notify the User of all messages relating to the Services and the Site in general. The use of temporary e-mails for registration is prohibited.
ARTICLE 7 PURCHASING PROCEDURE
The User may purchase all the Services offered for sale within the Site, as described, by following the purchasing procedures provided on the Site itself.
The User must, after having read the Terms and Conditions with particular reference to how to exercise the right of withdrawal and the Privacy Policy, proceed to payment. The applicable Terms and Conditions are those in effect at the time of the Order and can be found on this page of the Site.
ARTICLE 8 MODE OF PAYMENT
The Participant agrees to pay the monthly subscription fee for the service by authorizing the Provider to charge the same to the indicated Credit Card. In the event that the indicated Credit Card is declined or cannot be used to settle the subscription fee the Participant will be responsible for any outstanding amounts. If a charge fails due to credit card expiration, insufficient funds, or for any other reason, and if the Participant has not terminated his or her account, the Provider may suspend his or her access to the Service until he or she has activated a valid Payment Method.
The expected modes of payment are:
1) PayPal
Upon payment, the User's browser will be directed to a secure server page with SSL encryption by entering his/her username and password. In this way only PayPal will be in possession of the User's data, which will not be visible to the Provider in any way. The amount of the order is debited from the PayPal account at the time of order capture.
2) Stripe
Customers can pay for their Order through the Stripe platform, which allows them to make and receive payments by rechargeable card or credit card.
The Provider also provides for payment by bank transfer only at the express request of the User via e-mail.
ARTICLE 9 MATERIAL RIGHTS
All original material prepared by the Supplier will remain the exclusive property of the Supplier. The Supplier grants the Participant the ability to listen to and view the material without the ability to copy, disseminate, reuse, sell it as well as any other action not expressly provided for and specifically agreed upon with the Supplier. As a result of purchasing the Service, the Client does not acquire any rights to the content prepared by the Provider. All rights not expressly granted are reserved. Any behavior contrary to these Terms and Conditions on the part of the Client entitles the Provider to exclude him/her immediately from the site and to take action in the appropriate venues and forms.
ARTICLE 10 OBLIGATIONS OF THE SUPPLIER
The Provider agrees to grant access to the services offered by the site to those who have correctly completed the process of purchasing the Services.
It is the Supplier's obligation to make available to the Participant its own restricted area in which the Subscription Services will be listed.
The Provider agrees to provide Wellness Workers with appropriate certificate of attendance upon completion of the course.
ARTICLE 11 PARTICIPANT'S OBLIGATIONS
The Participant agrees to use the interaction services offered by the Provider for the sole purpose of comparison regarding the topics covered by the Subscription Service and the topics dealt with by the Provider, any form of contact aimed at promoting goods or services being considered prohibited and, more generally, any activity of spamming, unfair competition, sharing of external links, sharing of videos or any other activity or behavior that violates current regulations or may annoy other Participants in any way. The Participant hereby assumes all responsibility for any content that is unlawful, contrary to decency, morality or infringing on the rights of others. In the event of any breach of these obligations, the Provider may exclude the Participant from the Service with immediate effect without having to refund the amounts paid, and in addition, automatic renewal will be deactivated and the Participant will no longer be able to register on the site.
It is the obligation of the Participant to proceed with the payment of the scheduled monthly fees in the manner indicated.
ARTICLE 12 OBLIGATIONS RELATED TO THE USE OF THE SITE
All Users shall use the site by strictly adhering to these Terms and Conditions.
The User agrees not to use the site and its services for illegal purposes or contrary to these terms and conditions of use, or in ways that could damage its functionality, render it unusable, cause it to overload, deteriorate, and/or interfere with its use by other Users.
Any behavior from which, even by mere attempts, unauthorized access to the site, the Service sold by the Provider, other accounts, systems or networks connected to the same through hacking, password forgery or other means may result is prohibited.
ARTICLE 13 INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Site are protected and safeguarded by current copyright and industrial and intellectual property laws. By way of example and not limited to the content of the Site must be understood as: the domain name, its sub-domains, trademarks, all texts, any graphic representation and / or text in general, photographs, movies. All intellectual and industrial property rights relating thereto are the exclusive property of the Provider, are reserved to it and are not and will not be transferred or licensed under any circumstances to the Participant and/or User. Therefore, the User or Participant may not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties for any reason whatsoever or otherwise use for any purpose other than storage and/or consultation the Sites and/or Site Content, without the prior express and formal approval of Provider. All material prepared by the Supplier shall remain the exclusive property of the Supplier.
Art. 14 USE OF IMAGES
During the course of the courses, images may be acquired, including those of a portrait nature, that capture the Participant. More specifically, the Supplier may take photographs, videos and/or screenshots, either directly or through the use of third parties acting in the interest and on behalf of the Supplier, who will acquire all derivative and consequential rights to the photographic material thus taken.
The images will be used by the Supplier to document the conduct of the course as well as to promote the activities carried out, including through their publication on the website, as well as on the company's social channels, brochures or by inclusion in documents intended for dissemination.
To this end, the Participant authorizes the Supplier, also in accordance with Article 10 C.C. as well as Articles 87, 96 and 97 of Law No. 633/1941, to acquire, use, publish and disseminate the images and videos that portray him/her, as well as audio recordings without limits of mode (web, site, social network), time and space, in Italy and abroad, with any and all powers of adaptation, modification or editing that may be necessary and appropriate for all activities aimed by the Supplier. The Supplier acquires all derivative and consequential rights to the content thus created such as: the right of publication; right of reproduction in any way or form; right of transcription, editing, adaptation, processing and reduction; right of communication and distribution to the public including the rights of projection, transmission and diffusion, even in a summarized and/or reduced version, by any technical means, right to keep copies of the materials, even in electronic form and on any technological support with the widest economic exploitation that by law he is entitled to. The said contents will be used by the Company either free of charge or against payment. The right of use of all content such as images, photographs, films, recordings referred to above is intended to be free of charge with express waiver of any economic claim in this regard by the Participant.
ARTICLE 15 WITHDRAWAL
The Participant expressly acknowledges and agrees that the service will be provided immediately prior to the expiration of 14 days from the date of its purchase and that therefore he/she will not be able to exercise the aforementioned withdrawal in accordance with Article 59 of Legislative Decree No. 206 of 2005.
ARTICLE 16 DISCLAIMER
The Supplier's liability is understood to be within the limits of its obligations under these Terms and Conditions and the amount paid at the time of purchase;
The Provider is not responsible for the behavior of Users and the information they share;
The User warrants that he/she will use the website according to the conditions and for the Services established and offered by the Provider, excluding any use that is intended for illegal purposes or contrary to the provisions of these Terms and Conditions of Use and otherwise in ways that could damage, render it unusable, overload or deteriorate it or interfere with the use of it by other Users;
The Provider is not responsible for the purchase of Users and/or Participants' access to the 'members area, to the extent permitted by applicable law.
The Provider is not liable to Users or parties directly or indirectly related to them for delays, disruptions or suspensions of the platform;
The Provider is not responsible for increased or failed business from the Participant's business, for failure to achieve desired results from investments and costs incurred, and for any damages resulting from the Services offered;
the Supplier shall not be held liable for any omissions or errors that may be contained in the materials, nor, again, for any infringement of the rights of others and damages, including indirect, consequential to it, or for other damages of any kind, including resulting from loss of right of use, loss of information or loss of profit or arising from breach of contract, negligence or other tortious action, arising out of or in any way connected with the use or information contained in the platform.
- 17 FAILURE TO EXERCISE A RIGHT
The Supplier's failure to exercise a right does not represent any waiver of its right to take action against the Customer or any third party for breach of its commitments. Therefore, the Supplier reserves the right to enforce its rights in any case, within the terms granted.
ARTICLE 18 APPLICABLE LAW AND PLACE OF JURISDICTION
These Terms and Conditions are entirely governed by Italian law. Any dispute arising in connection with the validity, interpretation, performance and termination between the contracts entered into online by the Consumer with the Supplier shall be within the exclusive jurisdiction of the court of the place of residence of the Consumer (so-called consumer forum).
In the case of a Professional, the territorial jurisdiction is exclusively that of the Court of Biella.
ARTICLE 19 FORCE MAJEURE
The Supplier shall not be held liable for failure or delay in the performance of its obligations due to circumstances beyond the reasonable control of the Supplier due to force majeure events or, otherwise, to unforeseen and unforeseeable events and, in any case, beyond the Supplier's control.
The Supplier's performance of obligations will be considered suspended for the period during which force majeure events occur.
In case of force majeure, the performance of the Service will be suspended.
This suspension may last for a maximum period of 3 (three) months, after which after which the Parties may decide whether to continue or terminate the subscription.
ARTICLE 20 PROCESSING OF PERSONAL DATA
The Personal Data provided or acquired will be subject to Processing based on the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Provider, as the Data Controller, processes the Personal Data of Users by adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of Personal Data. The Processing is carried out by means of computer and/or telematic tools, with organizational methods and logics strictly related to the indicated purposes. The User's Data are collected for the execution of pre-contractual measures; to fulfill the obligations arising from the stipulated contract; for the registration procedure aimed at the purchase of the Services; to follow up on specific requests addressed to the Data Controller by the User; to send promotional and commercial information and offers also through the newsletter service on the basis of the consent freely expressed by the User; for soft spam purposes for promotional communications having as object the purchased Services without the need for the express and prior consent of the User, as provided for by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree no.101 of 2018. Therefore, the Participant is invited to carefully read the information on the processing of personal data (Privacy Policy) Made in accordance with EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required (Cookie Policy).
ARTICLE 21 DISPUTE RESOLUTION
According to Article 49 paragraph 1 letter V of Legislative Decree No. 206/2005 (Consumer Code), the Consumer may make use of the Joint Conciliation Procedure (ADR). Pursuant to Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer may file a complaint through the ODR platform of the European Union. For more information contact the Provider.
ARTICLE 22 COMMUNICATIONS
For further information of any kind, you can contact the Supplier by e-mail at the following address: casadellamusica@emilianotoso.com
Pursuant to Articles 1341 and 1342 of the Civil Code, the User declares that he/she has carefully read and expressly accepts all the clauses of these Terms and Conditions of Sale and in particular those of Articles 4, 9, 11, 14, 15, 16, 18 and 19
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