Terms & Conditions

General terms and conditions
1. Welcome to Happydemy
Summary of the section: By using Happydemy® you accept the General Terms and Conditions and all other guidelines.
1.1. Happydemy® is a private and protected digital platform that aims to study, develop, research and share international excellence across the board, with a focus on the communications, entertainment, gaming and e-commerce sectors, with the aim of making this expertise available to the members of the digital platform.
 
1.2. By joining Happydemy®, you agree to the following Terms and Conditions, our Privacy Policy and all Guidelines.
 
1.3. The predisposing party of these general conditions is Goomood Software Technology SRL, via G. Marconi 9, 07021, Arzachena, ITALY if the membership concerns subjects resident in the European Union.
 
1.4. The predisposing party of these terms and conditions is Happydemy International LTD 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ if the membership concerns non-EU residents (Goomood Software Technology SRL and/or Happydemy International ltd or from now on the Company).
 
1.5. The Company has created the HAPPYDEMY® platform (hereinafter referred to as the "Platform"), which is intended to be the operational centre for Member Members.
 
2. The role of Happydemy
2.1. The Company manages, monitors and verifies that the activities carried out within the Platform comply with the General Conditions and Guidelines.
 
2.2. The Platform is licensed exclusively to the Company by Goomood Software Technology LTD which owns the intellectual property rights and development rights.
 
2.3. Happydemy® is a registered trademark licensed to the Company.
 
3. Pre-requisites for applying for membership
Summary: Rules for becoming a Happydemy® Member
 
3.1. Anyone acquiring or renewing membership of the Company must meet the following requirements:
  • request membership directly from the Company by signing the membership proposal form prepared by the Company; or
  • be invited by another member;
  • be at least 18 years old and have the legal capacity to act;
  • be duly authorised to carry out professional activities in accordance with the law in force and have no grounds for incompatibility;
  • undertake to comply with the provisions of the General Terms and Conditions and the contractual documentation referred to in Article 1.2. of this contract;
  • not having been terminated from a previous position, unless the Company has given a positive judgement of readmission for exceptional cases;
  • not hold another position within the platform;
  • not to engage, within the Platform, in activities that are illegal and/or prohibited by the laws of their country of residence and by these rules;
  • if there are any outstanding charges or criminal convictions, the Company is entitled to make further enquiries and, in its sole discretion, reject the application;
  • be resident in countries where the Company operates.
4. Application for membershipSummary: How to register with Happydemy
4.1. All persons of legal age (18 years), residing in the officially operational states communicated by the Company, may apply for registration on the site.

4.2. The Membership Proposal is submitted to the Company during the registration phase. It is considered tacitly accepted unless the Company expressly rejects the Membership Proposal within 90 (ninety) days from the date of submission, during which time the Supervisory Department evaluates the proposal in accordance with the provisions of the General Terms and Conditions.

4.3. This assessment shall be made avoiding any form of discrimination on grounds of nationality, sex or sexual orientation, religious belief or political opinion, in full respect of the identity and diversity of the individual.

4.4. During the registration process you will be asked for personal information which is handled in accordance with our Privacy Policy and Registration Guidelines, in compliance with applicable privacy regulations.

4.5. All information provided by the applicant during the registration process must be true and the User assumes full responsibility for any incorrect or false statements.

4.6. The Company reserves the right to verify the information provided by the applicant, and reserves the right to suspend or terminate the contract if it appears that the applicant has provided incomplete or false information.

4.7. The application for membership is completely free of charge and does not require any payment or minimum purchase of products or services.
 
5. Your Happydemy® account
Summary: You are responsible for the account. Update your details. You can close your account at any time.
5.1. Registration with Happydemy® is mandatory.

5.2. By creating an account in Happydemy®, the User can manage, organise and perform various activities within the platform.
 
5.3. The user undertakes to update their data and to notify the Company as soon as possible of any changes to the data entered during registration.

5.4. The account is personal and private and may not be transferred to third parties.

5.5. You are responsible for the security of your account; the Company shall not be liable for any security problems or unauthorised access to your account that may result from your negligent behaviour, or otherwise from the actions of third parties that the Company could not prevent.

Account closing
5.6. The user may close his account at any time. Closing the account does not imply any violation of the General Terms and Conditions.

5.7. Each user can close the account directly using their personal access to the administration section.

5.8. Following the closure of the account, all personal information shall be deleted, except for that which the Company is required to keep by law, in compliance with the Privacy Policy and in accordance with the detailed rules set out in the Company's Privacy Policy.

5.9. Voluntary closure of the account shall result in the loss by the user of all rights to the account.

5.10. Voluntary closure of the account does not entitle the holder to any refund in respect of purchases made within the platform.

5.11. The Company reserves the right to suspend a User's account in the event of an alleged or proven violation of one or more points of the General Terms and Conditions, Privacy Policy and/or Guidelines.

5.12. If the company decides to adopt one or more Measures, it shall inform the User concerned, briefly stating the reasons for the adoption of one or more Measures, giving the User concerned a deadline of 15 days to submit any replies.

5.13. After 15 days, the Company, taking into account any replies sent by the user, decides to adopt or not to adopt any Measure, or to adopt one or more Measures indicated in the complaint.

5.14. The final decision of the Company to adopt one or more Measures shall not be appealed to the Company either at the request of the User or any third party.
 
6. HAPPYDEMY® code succession
6.1. In the event of a user's death, the deceased account holder's account may be transferred to his legal and/or testamentary heirs unless, in the case of testamentary heirs, such a transfer is contrary to local inheritance law. In the event of disputes, pending legal proceedings or uncertainty as to the identification of the legal heir, the account shall remain frozen for 12 months.

6.2. In the absence of a legal or testamentary heir, the Company may proceed with the deletion of the account and no person shall have any rights with respect to the deleted account of the deceased user.
 
7. Account types in Happydemy®
Summary: This section describes the types of accounts available and the characteristics of each account.

Classic User
7.1. The Classic User is the natural person who applies to join the platform.

7.2. The Classic User must verify his e-mail address, mobile phone number and identity during the registration process.

7.3. The Classic User may use the basic services offered by the platform as described in the Guidelines.

7.4. The Classic User may invite other users to the platform.

7.5. The Classic User can carry out various activities within the platform.

7.6. The Company reserves the right to suspend a User account at any time in accordance with the provisions of Articles 5.11 to 5.13 of the General Terms and Conditions.

7.7. The Company may request further verification from the Classic User at any time. If the User fails to provide data for such verification, the Company reserves the right to suspend the account in question.

7.8. The Classic User has access to the essential free and paid services offered by the Platform, including:
  • The creation and management of a personal profile (free of charge);
  • The ability to create working groups within the platform in a protected area (payment);
  • The possibility of drawing up promotional pages (payment);
  • The possibility of making audio/video calls using the tools provided (payment);
  • The right to set up and participate in Personal Groups (payment);
  • The right to create, with the help of the tools made available to the Company, Personal Pages (payment);
  • the technical tools needed to be able to organise Webinars (free and paid);
  • the tools to broadcast live content via streaming through the technical support offered by the Company (payment);
  • Creating blogs (payment);
  • Have a large, freely accessible file archive (free and paid);
Have a range of interactive content defined by thematic areas such as:
  • Tutorial
  • Conferences
  • Education
  • Coaching
  • Access to content and columns created within the platform and based on the interests of community members;
Having personal publicity tools such as:
  • Moments (payment)
  • Featured (free)
  • Spotlight (payment)
  • Badge (free)
  • Rankings (free)
  • Competitions (free)
And other content and services under development (the full list can be found within the Platform), which have been developed taking into account the actual needs and interests of the community members.

7.9. The Classic User receives maximum protection in terms of data, privacy, and can get in touch with top professionals to receive dedicated assistance and information according to their needs.

7.10. The Classic User can receive recognition and bonuses based on their activities as described in the Economic Development Plan viewable within the platform.
 
8. User Contributor
8.1. The Contributing User is the Classic User who decides to spontaneously and voluntarily pay one of the annual Memberships to support and contribute to the sustenance of the Community.
Memberships are divided into:
  • Supporting Member £77/year
  • Ordinary Member £149/year
  • Benefactor Member £799/year
  • Ambassador Member £2,790/year
  • Philanthropist free donation above £5,000
8.2. The Contributing user enters the Happydemy Club, a non-profit company (LTD by Guarantee) with its registered office at 71 -75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, registration number 12591755 created for the purpose of:to promote, assist and support the organisation and management of cultural, artistic and recreational activities of interest to the Community as a whole, including publishing activities and the promotion and dissemination of culture;to promote and disseminate the culture of "high quality" in every field also through the constant search for/valorisation of excellence in all its forms, with particular attention to individual local realities, personal well-being and ecology;
8.3 Full details of Happydemy Club LTD can be found at this link: CLICK HERE
 
9. Business user
9.1. The Business User is the Classic User who, having met the legal requirements, decides to update his business account within the platform.

9.2. The Business user can create economically remunerated activities within the platform.

9.3 All details of the Business account are available in the Business Development Plan viewable within the platform.
 
10. Subscriptions
Summary: Subscriptions give you access to reserved products and a discount on standard products.
10.1. Subscriptions are monthly or annual subscriptions that give access to reserved products and services and a discount on standard products.There are 3 subscriptions:
  • Basic (£7/month or £79.90/year)
  • Premium (£14.99/month or £169.90/year)
  • VIP (£29.99/month or £329.90/year)
BasicThe Basic Membership, at a cost of £7 per month, allows the user to benefit from a number of products* already included in the cost of the Basic Membership and a 50% discount on all products created by Happydemy®.

PremiumThe Premium Membership, at a cost of £14.99 per month, allows the user to take advantage of a number of products* already included in the cost of the Basic Membership and a 60% discount on all products created by Happydemy®.

VIPThe Premium Membership, at a cost of £29.99 per month, allows the user to take advantage of a number of products* already included in the cost of the Basic Membership and a 70% discount on all products created by Happydemy®.

*all details are explained within the platform.

10.2. The frequency of renewal of the Subscription is 30 (thirty) calendar days from purchase.

10.3. The Company may refuse to renew a User's Subscription for serious and intentional violations only after it has been established that attempts to reach a mutual agreement have failed.

10.4. Any renewal of a Subscription shall be effective from the date of renewal until the end of the next thirty calendar days.

10.5. The renewal is considered accepted if it is not rejected by the Company at the end of the renewal process.

10.6. In case of non-renewal of the licence, the system will update the user's status to Classic User.

10.7. The Subscription can be terminated at any time via the appropriate section of your account.

10.8. The Subscription, once paid, does not entitle to any refund, except in exceptional cases decided at the discretion of the Company.

10.9. All economic details of the Subscriptions are fully described in the Economic Development Plan available to all registered Users within the platform.

10.10. The parties agree that the Company will communicate all matters relating to the Contract either by posting the notice on the Company's website or alternatively by sending the notice to the email address you provide when you apply to participate in the platform.

10.11. The user may communicate by sending an e-mail to the following e-mail address CLICK HERE
 
11. Joint contributions
Summary: Happydemy is free and independent and is based on its own internal economic system. Your contribution is important.
11.1. Happydemy® preserves your privacy, your data and does not use it to generate profit. For this reason we have created a support contribution system of 10% of your personal turnover generated in Happydemy.

11.2. These are to be considered gross of tax and social security contributions relating to the turnover generated by the user in the country of residence/tax domicile of the latter.

11.3. All details are fully described within the Economic Development Plan, available to all registered Users within the platform.
 
12. Additional costs
Summary: We have selected the payment processors with the best rates and in some states VAT may be charged on some products.
12.1. In order to ensure maximum transparency in transactions, we have chosen payment providers to manage purchases made by credit/debit/charge card in total serenity and security (for full details see the Privacy Policy).

12.2. These providers offer these services on the basis of their own tariffs.

12.3. It shall be the utmost care of the Company to negotiate the best possible price for such services in favour of the users;Currently the additional costs per transaction are:
  • 7% + £0.35 for European cards
  • 9% + £0.35 for non-European cards
12.4. For all Apple users who use our services, there is a surcharge of 30% on the basic costs if you decide to use the "In-App Purchases" service provided by the provider.
 
13. VAT (Value Added Tax)
13.1. In some countries where Happydemy is operating, in addition to the costs of the products and services, you may be required to add VAT (or corresponding value added tax in the country of residence).

13.2. For this reason, it is important for each user to keep their residence data up to date also for the correct management of tax and contribution profiles.
 
14. Vouchers
14.1. We have created an award on a discounted basis for all users who invite other users to the platform.
 
15. Donations
15.1. Our donation system allows all categories of Users to receive direct recognition through their knowledge and shares.
 
Donations are divided into the following sections:
  • Voluntary donations between users;
  • Voluntary donations to the Company.
Voluntary donations between users allow users to acknowledge each other, a contribution for time spent or knowledge shared, through the content created.
 
16. Economic Development Plan (EDP)
Summary: As a Happydemy user you have many possibilities to participate in the internal economy of the platform.
16.1. The Company has developed a detailed Business Plan to enable the community to be fully independent and self-sustaining. The full ESP is available on the platform.
 
17. HappyCredits
Summary: Due to the different nationalities of our users, we decided to create an internal exchange system called HappyCredit.
17.1. The HappyCredit system was created to facilitate exchanges within the HAPPYDEMY® platform. HappyCredit is the conventional unit of measurement within the platform. Please refer for details to what is described within the Economic Development Plan available to all registered Users within the platform.
 
18. Invitation policies
Summary: To expand our community we have created the possibility for users to create personalised invitations for their friends, relatives and acquaintances.
18.1 The invitation to the Platform ("invitation") must be offered, to other trusted persons, as a personal and exclusive invitation that offers equal opportunities and is open to all in a fair and non-discriminatory manner.

18.2. As a general condition, or as a condition of receiving assistance in the development of its activity in HAPPYDEMY®, no potential Member shall be required to:
  • purchase a predetermined quantity of goods and/or services;
  • purchase of material to support activities.
19. Changes
Summary: The community and the platform are constantly evolving and the rules created at the beginning may be changed over time.
19.1 The Company may amend the Terms and Conditions, the ESP, the Guidelines and the Privacy Policy in whole or in part.

19.2. The changes decided by the Company General Conditions, the ESP, the Guidelines and the Privacy Policy (the "Changes") are published on the official website and shared internally in the appropriate section.

19.3. If nothing is said all amendments shall take effect from the date of their publication, and the Company may also regulate from time to time the date on which any such amendment shall take effect.

19.4. Within 30 days from the publication of the changes, if they affect the financial conditions of the Membership, each User may withdraw from the contract with the Company and leave the Community, informing the Company of the withdrawal within this period. The termination shall take effect on the day preceding the entry into force of the notified changes.

19.5. After 30 days from the publication of the changes, they will be considered implicitly accepted by all users who have not made use of the right of withdrawal referred to in the previous paragraph.
 
20. Declarations and Guarantees
Summary: The beauty of Happydemy lies in its transparency and consistency. Don't tell a lie, there's a penalty.
20.1. The User may not make and/or disseminate statements that are false, incorrect or manipulated during registration, in shared content, in private messages or when proposing products and services on the platform.

20.2. In the event of a violation of the provisions of the preceding paragraph, the Company reserves the right to immediately suspend the account of the User responsible for the violation.

20.3. The User who is responsible for one of the violations referred to in 20.1. shall be required to pay as a penalty an amount equal to 12.5% of the value of the account without prejudice to the greater damage that the Company, the Platform or other Users have suffered as a result of the violations.
 
21. Restrictions
Summary: Happydemy is a community and like any community it has rules that protect all users, the company, partners and affiliates.
21.1.Happydemy is a community in the making and its rules and guidelines will be updated from time to time as Happydemy develops.

21.2. These General Rules are intended to define some rules of conduct in the relations within the Community, the violation of which entitles the Company to proceed to the immediate suspension of the account of the User who is responsible for the violation of these rules. In more serious cases, the Company will report the violations to the competent authorities.

21.3. The rules of conduct are regulated in detail in the Company's Guidelines.By way of example but not limited to, the following behaviour is absolutely forbidden:
  • the commission of acts of bullying, harassment and/or threats to third parties
  • apologia or incitement to hatred;
  • the dissemination of false or otherwise deceptive news and/or statements;
  • production, dissemination, exchange of pornographic or child pornography;
  • activity relating in any way to prostitution;
  • acts intended to give rise to identity theft;
  • unauthorised disclosure of sensitive personal data;
  • hacking and unauthorised intrusion into computer systems;
  • Activities dangerous to public health and to third parties in general;
  • spam activities;
  • Unauthorised job offers and/or opportunities;
  • Sale of products and services outside the platform;
  • conducting or offering games of chance;
  • the illicit manufacture, distribution, possession and sale of weapons and drugs;
  • the illicit manufacture and sale of drugs or other prohibited psychotropic substances of any kind;
  • dissemination of medical advice given by persons not qualified to give it;
  • the carrying out of activities requiring an authorisation, licence or permit by persons not authorised or entitled to do so;
  • carrying out or even aiding and abetting any illegal activity.
21.4. Happydemy agrees to designate professionals who can assist platform members who are subject to prohibited conduct by other members within Happydemy.
 
21.5. The Company, while taking all reasonable measures to prevent the commission of unlawful acts or violations described above by members of the platform, is not responsible in any way for the commission of the latter.
 
22. Reporting violations
Summary: At Happydemy you are no longer alone. We are here to help and protect you.
22.1. Users shall immediately inform The Company of any information regarding actual, alleged or threatened violations - including violations of the General Terms and Conditions, Privacy Policy, Guidelines or any offence under applicable law or regulation - by another Member.
 
23. Cooperation with investigations
23.1. Users shall cooperate in all internal investigations undertaken by the Company in accordance with the procedures governed by the General Conditions and Guidelines.
 
24. Protection of intellectual property rights, confidential information, copyright and privacy.
Summary: Your privacy, the rights to your content and the protection of your data are important to us. You must also protect the rights of others.
24.1. All users must comply with our Privacy Policy and comply with applicable laws, regulations and our Guidelines on the protection of copyrights, trademarks and patents.

24.2. The Company is the owner of confidential information and responsible for the processing of sensitive data acquired in the course of carrying out its business, as well as the exclusive owner of property rights and trade secrets relating to its products, and data resulting from users' activities within the platform.

24.3. You acknowledge and agree that all confidential information regarding new projects, beta tests and any confidential information released by the Company, is confidential and remains the property of the Company at all times.

24.4. To the extent that the User is granted access to certain confidential information, the User will only use such confidential information for purposes related to the conduct of the Platform's business and will be bound by a strict obligation of confidentiality, taking all reasonable steps to ensure the confidentiality of the data which, by reason of the conduct of the business, the User has in any way in its possession.

24.5. The User may not transfer or disclose confidential information to third parties, including to another User, except in accordance with the provisions of the Guidelines, without the prior written consent of the Company and the Data Controller.

24.6. You acknowledge and agree that any breach of this section will cause irreparable harm to the Company, and the Company shall be entitled to take any action, including temporary and urgent injunctive action, to prevent further breaches or disclosure of confidential information.

24.7. These confidentiality obligations under this section shall continue even if a Member's membership is terminated and the Member's relationship with the Company is terminated.

24.8. It is strictly forbidden to use the Platform and all the tools used to access it:
  • take screenshots;
  • take photographs of the Platform's internal activities and content;
  • share personal data such as settings, wallets and subscriptions;
  • share external content;
  • create or share copies of content externally.
24.9. It is understood that such violations may result in serious violations of privacy laws and copyright, protected by civil and criminal law.
 
25. Use of Happydemy® intellectual property
Summary: Thank you for helping us expand our community, but do it the right way.
25.1. Members may use the Company's trademark or other intellectual property or proprietary information belonging to the Company or licensed to the Company, provided that this is done in accordance with the provisions of the Guidelines on the use of the Happydemy® trademark and name, and all trademarks owned by Happydemy®, its affiliated companies or partners.
 
26. Content, creation and sharing
Summary: At Happydemy® your content remains your property, but be careful what you can and cannot publish.
26.1. The user is responsible for the publication of his or her own content and expressly declares and warrants that he or she owns the intellectual property rights, copyrights and/or the legitimacy to use them.

26.2. The user indemnifies The Company, its directors, members, affiliates, subsidiaries and partners from any claims for damages, royalty payments and/or claims of any kind by the actual owners of the published content.

26.3 The Company reserves the right to verify the contents in a User's profile at any time and reserves the right to refuse to withdraw bonuses received even if it is suspected that the contents are not owned by the User.

26.4. All provisions on authorised or unauthorised content can be found in our Guidelines.
 
27. Use of intellectual property of content
27.1. The Company provides all users with the technology and the technological environment necessary for sharing the content for which the user holds the intellectual property rights.

27.2. The user retains ownership of all content shared on the platform.

27.3. The User grants the Company a free, irrevocable, indefinite, non-exclusive, worldwide, sub-licensable licence to display the content shared within all sections of the platform.
 
28. Violations, procedures, sanctions
Summary: We want to make sure that the whole community can be free to express itself and can live in harmony.
28.1. If the Company believes or presumes that any violation of the General Conditions, Privacy Policy or Community Guidelines has occurred, is occurring or will occur, or that there is a risk that a violation may occur, the Company may initiate an investigation into the activities of the User responsible for the alleged or potential violation.

28.2. The Company may undertake the above-mentioned investigation on its own initiative or following a complaint by another Platform User.

28.3. If a User alleges or believes that another User has violated any of the rules in the General Terms and Conditions, Privacy Policy and/or Community Guidelines and has direct knowledge of the activities of the alleged violators, the User shall notify the Company of the alleged violation and provide all related information. In case of failure to report, the Company reserves the right to consider the non-violation at the same level as a committed violation.

28.4. Full details of violations, procedures and sanctions are detailed in our Guidelines.
 
29. Dispute Review Commission (CEC)
Summary: We are here to protect you but also to give you the possibility to defend yourself in case of disputes.29.1. Disputes and violations may be on the agenda within a community. For the resolution of disputes regarding infringement claims, a Dispute Examination Committee (CEC) is appointed, consisting of the Compliance Department, a contact person from the moderation groups, and a contact person from the Happydemy® Legal Department.
29.2. In the event of an established violation, the Company, having heard the CEC, shall notify the user of the violation.

29.3. The user may, within 30 days of receipt of the notice of violation by the Company, present his or her defence to the Company.

29.4. The Company, having heard the CEC, taking into account any deductions made by the blamed user, shall decide by irrevocable measure the sanctioning measures to be taken against the blamed user in accordance with the General Terms and Conditions and the Guidelines in force at the time of the decision.

29.5. The User expressly waives any and all claims against the Company arising out of, or in connection with, any action that the Company may take within the scope of the General Terms and Conditions and the Guidelines, except in the event of wilful misconduct or gross negligence.
 
30. Administrative and economic management
Summary: We created it and we know how to guide it, but we are not here to do it alone and your advice is always welcome.
30.1. The Company has decided to divide its administrative and management bodies into two clearly defined areas.

30.2. The appointment of all administrative and management bodies of the Company's companies, affiliates and/or subsidiaries shall take place on the basis of an unquestionable decision of the Company's Board of Directors.

30.3. For the management of the internal affairs of the platform, divided into product or institutional sectors, roles have been created that can be assigned to users on the basis of merit or direct election of representatives.

30.4. The roles available and the way elections take place are described in the Guidelines.
 
31. Products and services made or offered by HAPPYDEMY®".
31.1. The "Made by HAPPYDEMY®" trademark is used to designate all products, services and projects entirely conceived, created and developed by the Company.

31.2. The "Powered by HAPPYDEMY®" brand indicates all products, services and projects proposed by third parties to the community that require the support of the Company for their management, financing and/or organisational/commercial development. These are certified by the Company and made available to the community with exclusive formulas compared to ordinary market conditions.
 
32. The market HAPPYDEMY® is aimed at
(POTENTIAL AND DEVELOPMENT)
32.1. The Company intends to create a 360° market, with particular attention to the markets of communication, entertainment, games and high quality e-commerce, HAPPYDEMY®, therefore, undertakes, as described in its corporate purpose, to select, create, develop and market excellence in the various product sectors.

32.2. The Company recognises that not all markets can be adequately considered within the Platform.

32.3. The Company does not intend to operate in the following markets:
  • Energy
  • Fuels
  • Banking/financial
  • Medical/Pharmaceutical

 

33. Nullity and/or ineffectiveness of individual clauses

33.1. If any provision of the General Terms and Conditions, the Privacy Guidelines and Policies, or any section of these rules is found by a court or other authority to be invalid, unenforceable or unenforceable, this will not affect the validity of the remaining provisions.
 
34. Consumer protection
34.1. The Company, with its legal departments, is fully active in protecting consumers and their rights.

34.2. To find out about your rights as a consumer, please read the following:
For the UK and non-EU countries - ConsumerRightsAct 2015
For members of the European Union outside Italy and France - Consumer Rights Directive 2019
For Users residing in Italy - Consumer Code
For Users residing in France - Code de laConsommation
 
35. Limits of Liability
35.1. The relationship between the users and the responsibility of the users and for this reason, the user releases the Company from any liability arising from any kind of economic loss, rights to content, or resulting from activities carried out by the user that are not directly attributable to the Company or from damage caused by accident or force majeure.

35.2. The Company reserves the right to claim compensation for any expenses, including legal expenses, resulting from the User's violation of the terms described in the General Conditions, the Privacy Policy and the Guidelines, or from the incorrect use of the Platform and its activities by the User, leading the Company to have to defend itself in one or more judicial or extrajudicial forums.

35.3. The Company reserves the right to have sole control over the manner in which it defends itself in the event of a claim that may trigger this clause.

35.4. Should the Company decide to make use of this clause, the User agrees to cover all expenses incurred by the Company against claims arising from a breach or negligence attributable to that User in the general use of the Platform.

35.5. The provisions of the preceding paragraph shall also apply in favour of the Company's subsidiaries, affiliates, parent companies or companies controlled directly or indirectly by the Company as well as officers, directors, employees, agents and service providers of third parties of the Company.
 
36. Exclusion of warranty
Summary: The Company is committed to its full potential to ensure the maximum efficiency of the products and services offered within the platform, but not everything depends on us.
36.1. The services offered within the platform are provided "as is" and without warranty of any kind.

36.2. The Company is not responsible for service interruptions caused by third parties or internal technical problems considered unforeseen. However, the Company will endeavour to maintain high quality services for all its users at all times and will endeavour to resolve any problems as quickly as possible.

36.3. Any guarantee of usability, activity, and any other guarantee are excluded except in the event of fraud or gross negligence attributable to the Company.

36.4. The warranty exclusions set out in the preceding paragraph shall also apply in favour of the Company's subsidiaries, affiliates, parent companies or direct or indirect subsidiaries as well as the Company's officers, directors, employees, agents and service providers of third parties.
 
37. Arbitration clause
Summary: We try to resolve disputes as harmoniously as possible, but if we don't there are some solutions that you cannot adopt.
37.1. The easiest way to resolve a dispute is to find a solution in good faith.

37.2. If a dispute cannot be resolved following an attempt at conciliation between the parties, disputes arising from these General Conditions, including those of a non-contractual nature, relating to or connected with the same, between the Company and users who are legal persons or natural persons operating with a VAT number, the same shall be resolved by arbitration in accordance with the Rules of the Chamber of Arbitration of Milan, by a sole arbitrator, appointed in accordance with said Rules. The Arbitral Tribunal shall judge fairly. The seat of the arbitration shall be Rome. The language of the arbitration shall be Italian.

37.3. This arbitration clause does not apply to actions of the Company of a monitory nature, injunctions, appeals pursuant to articles 700 and 702 of the Italian Code of Civil Procedure, executive proceedings and precautionary applications.
 
38. Exclusive place of jurisdiction and applicable law
38.1. In the event of a dispute, outside of the hypotheses referred to in the previous paragraph, the exclusive place of jurisdiction for users residing in a European state is Rome (Italy). In the event of a dispute outside a European state, the exclusive place of jurisdiction for users residing in London (UK), without prejudice to the possible application of mandatory rules referring to the place of jurisdiction that may be concretely applicable to the specific dispute.

38.2. The provisions of these General Conditions are governed by Italian law for all users residing in a European Community country and by United Kingdom law for all users residing outside a European country.
 
39. Conclusions
39.1. These General Terms and Conditions and the other supplementary sources referred to herein (Guidelines and Privacy Policies) fully regulate the obligations between the Company and each user and supersede any contracts previously entered into.

39.2. If any provision of the General Conditions is held by a competent authority to be unenforceable, such provision shall be amended by the Company to the extent necessary to give it effect while respecting as far as possible the wishes of the parties.

39.3. If such a provision cannot be changed, it will be removed from the provisions of the General Terms and Conditions, the other provisions of the General Terms and Conditions remaining in force. The Company reserves the right to amend the General Terms and Conditions and their supplementary sources in whole or in part.

39.4. In the event of structural and substantive changes that may adversely affect the rights of the user, the Company will adequately inform users by publishing the changes on the Company's website.

39.5. The User may exercise the right of withdrawal within 30 days after the amendment has taken place with effect from the date of publication or entry into force of the amendment (if the entry into force does not correspond to the date of publication of the contractual amendment).

39.6. Failure to exercise the right of withdrawal referred to in the preceding paragraph shall entail implicit acceptance of the contractual amendment by the User.

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Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the User, after having taken careful and specific knowledge and vision, expressly approves and specifically accepts each of the following clauses of these General Conditions:
a) Art. 5.5. Rules governing the Company's liability in the event of unauthorised access
b) Art. 5.9. - 5.10. - Effects of voluntary closure of the account
c) Articles 5.12. -5.13. - Rules on the suspension and deletion of accounts
d) Arts. 19.3. 19.5. - Regulation of the amendment of the General Conditions, the Business Development Plan, the Guidelines and the Privacy Policy
e) Art. 20.3. - Penalty clause in the event of default by the user
f) Art. 35. - Limits of Liability
g) Art. 36. - Exclusion of warranty
h) Art. 37. - Arbitration clause
i) Art. 38. - Exclusive jurisdiction and applicable law