General Terms and Conditions
1. OBJECT AND DEFINITIONS
These General Conditions (“GC”) regulate the relationship between Synesthesia, with registered office at corso Dante 118, 10126 Turin (TO), Italy, VAT number and Taxpayer ID No. IT10502360018, in the person of its interim legal representative (“Synesthesia”), which is the owner of an on-line platform featuring an e-commerce platform, found at pretix.eu (the “Platform”), through which Synesthesia offers tickets and other products related to events, organized by Synesthesia, focusing on technology and similar matter (the “Services”), and the final user of the Platform (the “User”, who, collectively with Synesthesia, are referred to as the “Parties”). The Platform also contains information concerning the Services, trademarks, texts, visuals and other material, including professional development material, the material related to the Events and the one provided during the Events (the “Material”) owned by Synesthesia and/or third parties.
The GC govern and regulate the use of the Platform on the part of the User, and annul any previous understanding between the Parties not expressly quoted herein or attached herein, and constitute the set of rights and obligations of Synesthesia and the User. The GC shall be effective upon their acceptance by the User, and until withdrawal or termination by either Party in accordance with the process set out under these GC.
In addition to the terms and expressions defined elsewhere in these GC, for the purpose of these GC the following terms shall be understood as follows:
“Events of Force Majeure” by way of example and not limitation, under these GC the term events of Force Majeure shall mean: lockdowns, strikes, pandemic or any other event outside the reasonable control of Synesthesia, preventing the full and proper performance of the obligations undertaken by Synesthesia under these GC.
“Consumer”: pursuant to Article 2, letter b) of Directive 1993/13/EEC, as amended and supplemented, and pursuant to any and whatsoever national legislation, identical or similar to said Directive, applicable to the single User, the term consumer shall mean any natural person who is acting for purposes which are outside his trade, business or profession;
“Professional”: pursuant to Article 2, letter b) of Directive 1993/13/EEC, as amended and supplemented, and pursuant to any and whatsoever national legislation, identical or similar to said Directive, applicable to the single User, shall mean any natural or legal person who is acting for purposes relating to his trade, business or profession, whether publicly owned or privately owned, and who, in any case, does not fall within the definition of Consumer.
Please note that some of the provisions in these GC may apply only to some categories of Users. Some provisions may in fact apply only to Consumers or only to Professional/Users not acting as Consumers. These limitations are always expressly mentioned in each provision where the above applies. In case no such separation is mentioned, such provisions apply to all Users.
2. ACCEPTANCE OF THE GC
By clicking on “Place Order” when purchasing the Services, and, in any case, when using the Platform, the User declares to have read and expressly accept the GC. Should the User not intend to accept even just one of the terms and conditions of the GC, they are invited to abstain from using the Platform or purchasing the Services.
The User acknowledges and accepts that Synesthesia reserves the right to modify the GC at any time, at its sole discretion, informing the User by publishing such changes on the Platform. The mere utilization of the Platform after such changes are made shall be interpreted as the User’s full acceptance thereof. The User acknowledges and accepts, therefore, that it will be their responsibility to periodically check the Platform to verify whether any changes have been made.
3. DESCRIPTION OF THE SERVICES
Within the Platform, among others, the User will be able to purchase the following, for the price indicated for each Service, by way of example:
a) Events organised by Synesthesia, which may consist, by way of example and not limitation, in training days dealing with topics for which Synesthesia has specific know-how, such as “Droidcon” and "Swift Heroes" (the “Events”);
4. COMPLETING A PURCHASE
In order to finalize the purchase of the services in their shopping cart, the User will need to: i) click on the “Submit Order” button; ii) enter the data required for billing and shipment of the Services and/or the relevant Materials, where applicable; iii) create their personal account within the Platform and iv) make their payment via credit card and/or other electronic payment method offered within the Platform.
The User acknowledges and accepts that payment and billing are entrusted in full to third parties other than Synesthesia, such as, but not limited to, Stripe Payments Europe, Ltd, e/o da PayPal Holdings, Inc. , and that such payments and billing are therefore subject to the general conditions laid down by said third parties, to which the User henceforth undertakes to examine before finalising their purchase.
In case of payment via credit card, at the moment the on-line transaction is completed, the relevant payment gateway will authorise the amount relative to the purchase. The amount asked for the Service shall be charged to the credit card of the User at the time of the purchase.
If the User cancels their purchase, Synesthesia will request the annulment of the transaction and release of the amount paid by the User. On this regard, the User acknowledges and expressly accepts that, i) the time-frames required by some credit card companies to release paid amounts depend exclusively on the payment gateway system used and may be as long as the natural expiry of said transactions (24th day of the day of authorisation), and ii) once a transaction is annulled, under no circumstance may Synesthesia be held accountable for any damage, wither direct or indirect, caused by any delays in the release of the amounts paid due to the time the payment gateway system uses for such transaction, and henceforth waives the right to raise any and whatsoever claim in such regard.
The User acknowledges and accepts that Synesthesia reserves the right to ask the User for additional information regarding the User and/or their payment data entered (such as form of ID or copy of documents providing evidence that they are the holders of the credit card used). If the User fails to provide the above information to Synesthesia, Synesthesia reserves the right to decline the order concerning the Services.
The User acknowledges and accepts that at no time, during the purchase procedure, does Synesthesia have any access to information concerning the User’s credit card, sent through a protected connection to the payment gateway handling the transaction, and Synesthesia shall not store any of such data on any electronic archive, and that therefore, in this regard,, the User hereby waives any claims and/or complaint against Synesthesia, which may under no circumstance whatsoever be held accountable for any fraudulent and undue use of the User’s credit card by third parties.
The User acknowledges and accepts that it shall be their responsibility, in the purchasing phase, to provide their taxpayer identification code and/or VAT number data and/or other data for invoicing in the event they should wish to receive an invoice featuring such data.
If the User is a Consumer, once the on-line purchase procedure is concluded, Synesthesia shall send the User an e-mail with an order summary, containing a link to the GC, which the User shall print or save or otherwise store. By sending the above e-mail, Synesthesia shall be deemed to have complied with all the information obligations concerning the purchase procedure, by way of exception to any and whatsoever local regulation, applicable to the User, in such regard.
The User acknowledges and accepts that Synesthesia may send the User important communications and/or updates concerning the Services purchased and the Platform, at the e-mail address entered by the User within their user account, in compliance with privacy notice provisions.
The User acknowledges and accepts that, if the contact details they provide to Synesthesia are not updated and/or the User fails to provide to Synesthesia of any changes to their information, including contact details, the User may be unable to receive the communication and/or updates referred-to above, and, in this regard, hereby waives any and whatsoever claim against Synesthesia, including by way of compensation or indemnification.
5. EVENTS TICKETS PURCHASE
With reference to the purchasing of Events, the User acknowledges and accepts that:
a) Synesthesia shall issue a ticked for each Event purchased, which shall constitute title to access the event and shall send the ticket to the e-mail address entered by the User when submitting their order;
b) Synesthesia reserves the right to check the validity of the ticket under this Article and to prevent the User from accessing the Event if the ticket is found not to be valid;
c) Synesthesia reserves the right to cancel or change the date of any Event, by informing the User without delay and specifying the terms for requesting a reimbursement of the sum paid, if any which will be the only sum reimbursed by Synesthesia, and the User hereby waives any and whatsoever claim against Synesthesia, including by way of compensation of any other sum other than the cost of the Event’s ticket;
d) the User shall have the right to ask for and obtain a full reimbursement of the amount paid for purchasing a ticket only when Synesthesia receives the relative request no later than 14 (fourteen) days after purchase or by any other deadline set out by the national laws applicable to the User. After expiry of the above period, the User shall no longer be entitled to receive a reimbursement for the ticket if they fail to take part in the Event, without prejudice to the cases under letter c) above;
e) Synesthesia reserves the right to transform a physical presence Event in an on-line Event and vice versa, at its own discretion, by informing the User without delay, who i) will be able to participate to the Event in its new modality e ii) hereby waives any and whatsoever claim against Synesthesia, including by way of compensation or indemnification in relation to what provided under this point.
6. INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that the Platform, the trademarks, including the “SYNESTHESIA” trademark and any other trademark, such as the Evet’s trademarks, whether registered or “de facto”, used to distinguish the Services, and the logos, domain names, designs, algorithms, or software pertaining to the Platform and/or contained therein and any Material, including the Material provided in connection to the Services, which may be subject to any property rights (including source codes) and/or the know-how of Synesthesia concerning the Services and any other intellectual and industrial property right relative to the Platform and the Services (hereinafter collectively the “Rights”) are exclusively owned by Synesthesia and/or third parties, who have granted a license of use to Synesthesia, and are protected, under intellectual and industrial property laws and regulations, against any unauthorized use or copying thereof.
The User acknowledges and accepts that the use of the Platform and/or the Services shall not grant the User any rights concerning the Rights, and therefore undertakes to abstain from making any use thereof other for strictly personal purposes and exclusively in connection with the use of the Platform and/or the Services.
Except for what is allowed under the GC, the User may not download, copy, use, transfer, rent-out, grant under any sub-license, lend, modify, adapt, attempt to modify or alter the source code, engage in reverse engineering operations, decompile, take apart or otherwise interfere, in whole or in part, with the content of the Platform and/or the Services.
Except for what is allowed under the GC, none of the content in the GC and/or elsewhere may be interpreted as a licence or an implicit transfer, by tacit acquiescence or otherwise, of the Rights to the User. The User is expressly barred from making any unauthorised use, copying, reproducing, modifying, republishing, updating, downloading, sending via e-mail, transmitting, distributing or duplicating or making any other unlawful use of the Platform, the Services, or anything subject to the Rights or containing the Rights. In their capacity as user of the Platform and the Services, the User undertakes not to use the Rights for any unlawful purposes and/or in breach of the terms and conditions of the GC or in violation of the law, and undertakes not to breach the Rights of Synesthesia and/or its licensing third-parties as described in the GC or otherwise indicated on the Platform, by way of example and not limitation, the Rights of Event’s sponsors and/or the Rights of the owner of the trademarks/names/know-how related to the Events.
Consequently, the User henceforth undertakes to indemnify and hold Synesthesia harmless from any and whatsoever damage or loss directly or indirectly arising out of the User’s utilisation of the Platform, the Services and the Rights, in breach of the provisions of the GC.
With respect to any Material owned by third parties other than Synesthesia, the User acknowledges and accepts that Synesthesia (i) received from said third-parties the necessary authorizations exclusively for purposes directly connected to the Platform and the Services, and (ii) cannot offer any guarantees with respect to the accuracy, truthfulness, and originality of the Material, and therefore, by way of example and not limitation, Synesthesia does not guarantee that the Material does not infringe third-party rights.
As to the know-how presented to Users as part of the Services, by way of example and not limitation presented to Users during the Events, the User undertakes i) not to use such know-how for purposes other than using the Services; ii) not to transmit it to third parties, and, iii) not use it, whether directly or indirectly, within the scope of any and whatsoever activity which may be directly or indirectly in competition with Synesthesia’s activity.
Without prejudice to the above, in the event of breach or suspected breach of the Rights on the part of the User, Synesthesia reserves the right to suspend and/or block the User’s account and their access to the Services, including the Events.
7. USER’S REPRESENTATIONS AND WARRANTIES
The User represents and warrants:
a) to have read and understood the GC;
b) to have, during their registration with the Platform, chosen a secure and complex password; and that, for the entire duration of the relationship arising between the User and Synesthesia when signing the GC, (i) they shall keep their password safe and confidential; and (ii) shall not allow third parties to use their personal account within the Platform;
c) that they have the necessary powers to act for the purposes detailed therein, particularly in case of Users who make purchases in name and on behalf of a legal person, and to have the power to act and sign legally binding agreements;
d) that they shall abstain from reproducing, duplicating, copying, using, selling, reselling, and in any way exploit the Services, the Materials, and the Rights for purposes other than those laid down in the GC;
e) that they shall abstain from any form of use of the Platform and of the Services, whether direct and/or indirect, which is contrary to the law or not in line with the provisions of the GC;
f) that they shall not use spamming systems, chain mail, or pyramid selling;
g) that they shall not spread viruses, spyware, adware, rootkit, backdoor, trojan and other similar cyber threats;
Without prejudice to any limitations which are mandatory under the national laws applicable to the User, the user henceforth undertakes to indemnify and hold Synesthesia harmless from any damage, claim, burden, or cost which Synesthesia may incur, directly or indirectly, as a consequence of the user’s violation of the warranties provided above, and, more generally, of the provisions laid down in these GC.
The User accepts and acknowledges that Synesthesia makes no representation or warranty concerning the accuracy or updating of the information provided through the Services and anything published on the Platform. In particular, the User acknowledges and accepts that Synesthesia shall not be held liable for any results, whether negative or positive, obtained by the User after they have used any Service. Therefore, the User henceforth waives any and whatsoever claim against Synesthesia, including by way of reimbursement or compensation, concerning, by way of example and not limitation, the accuracy and/or updating of the information provided through the Platform and/or through the Services.
Without prejudice to provisions found elsewhere in the GC, the User acknowledges and accepts that in case of breach or suspected breach of any law, third-party rights, or the GC on the part of the User, Synesthesia may, at its exclusive discretion, suspend the Services, prevent access to an Event for which the User has purchased a ticket, or take any other action which may be useful to protect the rights of Synesthesia, including the Rights.
Without prejudice to wilfull intent or gross negligence, the User acknowledges and accepts that Synesthesia shall not in any way liable to the user for any damage, loss, cost, burden, and expenses, whether direct or indirect, including any legal costs, suffered and/or borne by the User in connection with the utilisation of the Platform or the Services.
a) shall not in any way be held liable to the User for any cancellations or modifications of Events, delays, or defaults connected with the operation of the Platform in case such cancellations, delays, or defaults arise out of Events of Force Majeure.
b) is not responsible for the contents of websites which links or information are featured in the Platform. Such links and information are provided exclusively for the benefit of the User, and access to said websites is at the discretion and under the exclusive responsibility of the User. A link from the Platform to any other website does not imply that Synesthesia approves, supports, or recommends any such website in any way or form, nor that Synesthesia has any control over any of the elements contained in such website.
9. HOLD HARMLESS
Without prejudice to any limitations set forth by law under the national legislation applicable to the User, the User undertakes to indemnify and hold Synesthesia, its subsidiaries and investee companies, and their respective representatives, partners, Event’s sponsor and employees harmless from any damage, liability, appeal or application for compensation, including all reasonable defence costs brought by any third parties due to the User’s utilization of the Platform and the Services in ways that are inconsistent with the GC and/or arising out of incomplete or false representations and warranties under these GC.
In the performance of its contractual obligations, Synesthesia undertakes to comply with the provisions of Legislative Decree 196/2003, supplemented with the changes introduced under Legislative Decree No. 101 of 10 August 2018 (hereinafter, the “Code”) and Regulation (EU) 2016/679 and any other national legislation applicable to the single User on personal data protection (hereinafter, the “Regulation”, and, collectively with the Code, the Regulation and any other national legislation applicable, the “Privacy Legislation”), and, to this end, undertakes to adopt any physical, logical, and organisational security measure being necessary and appropriate to guarantee the integrity and exactness of the personal data processed, and the lawfulness of their processing. The data may be processed exclusively in the measure that is strictly necessary to the activities that must be carried out under the GC.
By accessing their own personal account, the User may at any time amend, rectify, or update their personal data. If a User wishes to erase their personal data, all the data stored concerning the User shall be erased by Synesthesia. Should the full erasure of the User’s data not be allowed and/or the retention of a copy of the information concerning the User should be required by law, such data shall be blocked from any additional processing operation.
The User cannot transfer nor assign, in whole or in part, the GC and/or the ticket to any Event to any third parties.
12. SURVIVAL CLAUSE
Without prejudice to the terms and conditions of any clause with respect to any changes made by Synesthesia, the GC shall remain effective up until the User or Synesthesia shall establish the termination thereof under the terms set out in these GC.
The GC clauses contained in the following paragraphs shall remain valid and enforceable including after termination of the validity of these GC: Representations and Warranties of the User; Intellectual Property Rights; Liability; Hold Harmless; Survival Clause; Applicable Law and Jurisdiction; Miscellanea.
13. WITHDRAWAL (AND WAIVER)
Without prejudice to the provisions set out below on the purchasing of Services, if the User is a Consumer, they shall have the right to withdraw from the GC without the need to provide a reason and without any penalties, without prejudice to the terms and conditions below, by sending a written letter via e-mail to: firstname.lastname@example.org. Synesthesia undertakes to reply to such letter or e-mail within a reasonable period of time.
A User acting as a Consumer shall have the right to withdraw from the GC within the 14 (fourteen) days starting from the time of purchase of the Services.
Upon a withdrawal under these GC, Synesthesia shall reimburse the consideration paid by the User for their purchase, without undue delay and in any case no later than 30 days of the date when Synesthesia was informed of the User’s decision to withdraw from the GC, in compliance with the terms and conditions therein set out. The reimbursement shall be made using the same payment method used by the User to purchase the Services unless the Parties expressly agree otherwise.
However, with respect to the Webinar, Events composed by more events or during more than one day or other similar Services, the User acknowledges and accepts that they shall not have the right to withdraw or obtain any reimbursement for the sums paid for the purchase thereof if the User has already used the abovementioned Services whether in whole or in part, waiving hereby any form of claim in such regard.
Without prejudice to the provisions set out above, Synesthesia may withdraw from the GC at any time, through a simple written notice sent to the User with at least 15 (fifteen) days’ advance notice or other period of time as per the legislation applicable. In case of withdrawal by Synesthesia, the latter shall reimburse the User, in whole or in part, exclusively for any sums paid by the User relative to the Services which, due to such withdrawal, Synesthesia won’t be able to provide in whole or in part. The reimbursement shall be made using the same payment method used by the User to purchase the Services unless the Parties expressly agree otherwise.
Synesthesia may terminate the GC with immediate effect by sending a simple written notice of termination via Certified E-Mail (PEC) or registered letter with proof of receipt to the User, where the User is in breach of one or more of the following provisions of the GC: Completing a Purchase; Representations and Warranties of the User; Intellectual Property Rights; Assignment. Synesthesia shall in any case have the right to obtain compensation for any additional damage suffered.
15. APPLICABLE LAW AND JURISDICTION
The GC are fully governed by the Laws of Italy.
The court with jurisdiction over any dispute which may arise between the Parties arising out of the validity, interpretation, performance and termination of the GC and/or in any way connected to the GC, shall be exclusively the Court of Milan, with the exclusion of any other court, including competing or alternative jurisdictions.
The above does not apply to Users who act as Consumers.
16. GENERAL PROVISIONS
Any tolerance by Synesthesia of any conducts of the User in breach of any of the provisions contained in these GC shall not constitute a waiver of the rights deriving from the breached provisions or of the right to demand proper performance of all the terms and conditions of these GC.
Any failure to enforce or delayed enforcement of any of the rights of Synesthesia under the GC shall not entail a waiver thereof.
The GC contain the full agreement reached by the Parties with respect to the object thereof and shall prevail over any previous communication, declaration, understanding, or agreement, whether oral or written, reached by the Parties.
Should any of the terms and conditions or other provision of the GC be found to be invalid, voidable or unenforceable, all the other terms, conditions, and provisions of the GC shall continue to be fully valid and enforceable. If any of the terms and conditions or provisions are voided or annulled after they are found invalid, contrary to mandatory provisions of law, or unenforceable, the Parties undertake to negotiate in good faith to modify the GC so as to bring about, in the best way possible, the original intention of the Parties in order to comply, in the best way possible, with the obligations set out in the GC.
Synesthesia and the User act in full autonomy and independence. The GC have not brought about any relationship of collaboration, agency, association, intermediation, or employed work.
Any communication between the Parties under these GC shall be sent via registered letter with proof of receipt or via e-mail (as long as this entails receipt confirmation) to the following addresses:
a) to Synesthesia: postal address indicated in the recitals of the CG; via e-mail email@example.com or e-Certified E-Mail (PEC) to: firstname.lastname@example.org
b) to the User: to the postal address or e-mail address provided to Synesthesia during registration with the Platform, as modified and updated, where necessary, by the User by accessing their personal account information within the Platform.
In case of discrepancies between the Italian and the English version of the GC, the Italian version shall prevail.
17. VEXATIOUS CLAUSES
The Users expressly acknowledge and accepts the vexatious clauses under points “Events Tickets Purchase”, “User’s Representations and Warranties”, “Responsibility”, “Hold Harmless”, “Withdrawal (and Waiver)” and "Applicable Law and Jurisdiction”.
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