Terms and Conditions of Piazza in Festa
Courtesy translation. In case of any discrepancy, the Italian version prevails and is the only legally binding one.
Welcome to the Terms and Conditions page of Piazza in Festa. This document will help you understand how you may use our services and what you can expect from us.
Introduction
These Terms govern
- the use of this Application, and
- any other Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words or phrases are defined in the relevant section of this document.
The User is kindly asked to read this document carefully.
This Application is a service provided by:
welance Ventures Italia S.R.L.
Via San Michele, 18
12050 - Lequio Berria
P. IVA: 04021150042
CAP. SOC. 25.000 € i. v.
Rappresentante legale: Enrico Icardi
Owner contact email: enrico@welance.com
About this Application
A map-based discovery platform for events and festivals in Italian municipalities, featuring User-uploaded content (submissions and posters) and the sale of advertising space.
What you should know at a glance
- Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to Users who do not act as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, the clauses apply to all Users.
- The right of withdrawal only applies to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use of this Application set out in this section apply generally.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
By using this Application, the User confirms that they meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Business Users;
- Users are not located in a territory subject to sanctions designated by an authority to which the Owner is directly or indirectly subject;
Registration
To use the Service, the User may open an account by providing all the required data and information in a complete and truthful manner.
It is also possible to use the Service without registering or creating an account. In that case, however, certain features may not be available.
Users are responsible for keeping their login credentials secure and preserving their confidentiality. For this purpose, Users must choose a password that corresponds to the highest level of security available on this Application.
By creating an account, the User agrees to be fully responsible for any activity carried out with their login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe their personal information, such as their User account, login credentials or personal data, has been breached, unlawfully disclosed or stolen.
Account termination
The User is free to close their account and stop using the Service at any time, by following this procedure:
- By contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User's account at any time, at its sole discretion and without notice, where it deems it inappropriate, offensive or in violation of these Terms.
The suspension or deletion of the account does not entitle the User to any claim for compensation, refund or indemnification.
The suspension or deletion of an account due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned by or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are kindly asked to address the relevant complaints to the contact details specified in this document.
Rights regarding content on this Application
The Owner holds and expressly reserves all intellectual property rights to the aforementioned content.
Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties or creating derivative works from the content available on this Application, or from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed, along with the indication of any other relevant circumstance requested by the Owner.
The limitations and exclusions provided for by copyright law remain unaffected.
Content provided by Users
The Owner allows Users to upload, share or offer their own content on this Application.
By providing content to this Application, the User declares that they are legally authorized to do so and confirms that such content does not violate any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
The User acknowledges and accepts that by providing their own content to this Application they grant the Owner, free of charge, a non-exclusive right to process such content for the purposes of operating and maintaining this Application, as contractually provided.
To the extent permitted by law, the User waives the exercise of moral rights in relation to the content provided to this Application.
Users acknowledge and accept that the content they offer through this Application will be made available under the same conditions applicable to the content of this Application.
The User is solely liable for any content uploaded, published, shared or otherwise provided to this Application.
The User acknowledges and accepts that the Owner may filter or moderate such content after it has been made available.
Therefore, the Owner reserves the right to refuse, remove, delete or block such content at its own discretion and to deny access to this Application, without notice, to the User who uploaded it, if it considers that the content violates these Terms, applicable statutory provisions or third-party rights, or otherwise poses a risk to Users, third parties, the Owner itself or the availability of the Service.
The removal, deletion or blocking of content does not entitle the Users who provided such content to any claim for compensation, refund or indemnification.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered as a result of content they provided to or offered through this Application.
Access to external resources
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not liable for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any grant of rights in content, are determined by those third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.
In particular, on this Application Users may come across advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Application. By clicking on any such advertisement, the User will interact with the third party responsible for the advertisement.
The Owner is not liable for anything that may result from such interaction with third parties, from access to third-party websites or from the use of third-party content.
Acceptable use
This Application and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is the User's sole responsibility to ensure that their use of this Application and/or the Service does not violate the law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, and report any objectionable activity carried out through this Application or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User engages, or is suspected of engaging, in any of the following:
- violations of laws, regulations and/or these Terms;
- infringement of third-party rights;
- acts that may considerably prejudice the Owner's legitimate interests;
- offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on this Application as part of the Service are provided for a fee.
The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.
Product description
Prices, descriptions and availability of Products are specified in the respective sections of this Application and are subject to change without notice.
Although the Products on this Application are presented with the greatest accuracy technically possible, their representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each step, from choosing the product to submitting the order, forms part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are asked to choose the desired Product and verify their purchase selection.
- After reviewing the information displayed in the purchase selection, Users may place the order by submitting it.
Order submission
Submitting the order entails the following:
- The submission of the order by the User determines the conclusion of the contract and creates for the User the obligation to pay the price, taxes and any further charges and expenses, as specified on the order page.
- In case the purchased Product requires an action from the User, such as the provision of information or personal data, specifications or special requests, the submission of the order also creates for the User the obligation to cooperate accordingly.
- Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for that purpose.
Prices
During the purchase procedure and before the order is submitted, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Application:
- depending on the section the User is browsing, either include all applicable fees, taxes and costs, or are stated exclusive of applicable fees, taxes and costs.
Payment methods
Details relating to the accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to further conditions or entail additional costs. Detailed information can be found in the relevant section of this Application.
All payments are handled independently by third-party services. Therefore, this Application does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successfully completed. For further information on the processing of personal data and the related rights, the User may refer to the privacy policy of this Application.
If a payment made through one of the available methods fails or is refused by the payment service provider, the Owner is under no obligation to fulfill the order. If a payment fails, the Owner reserves the right to demand that the User reimburse any related expenses or damages.
Retention of usage rights
Until payment of the full purchase price has been received by the Owner, the User does not acquire the rights to use the ordered Products.
Delivery of services
The purchased service will be performed or made available within the timeframe indicated on this Application or as communicated before the order was submitted.
Users acknowledge and accept that, in order to access the Service, they must use lawful, commonly used and up-to-date devices and/or software (including operating systems), in line with current market standards.
Users acknowledge and accept that the possibility to use the services may be limited in time and space.
Duration and termination
Subscriptions
Through a subscription, the User receives a Product on a continuous or periodic basis. Details regarding the type of subscription and termination are described below.
Open-ended subscriptions
Paid subscriptions begin on the day the Owner receives payment.
In order to keep the subscription active, the User must pay the required recurring fee in a timely manner. Failure to do so may result in the interruption of the service.
Termination of open-ended subscriptions by the User
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous notice of termination to the Owner, using the contact details provided in this document or - where applicable – by following the instructions on this Application.
Termination will take effect 1 day after the Owner receives the notice of termination.
Termination of open-ended subscriptions by the Owner
The Owner reserves the right to terminate the subscription for convenience at any time by sending a notice of termination to the User. Termination will take effect upon expiry of the notice period.
The notice period is 1 day.
Termination for just cause and/or impossibility of performance
The Owner expressly reserves the right to terminate the contract without notice for just cause and/or impossibility of performance — including, by way of example, orders from public authorities, violation of the law or of third-party rights, actual or imminent insolvency, or improper use of this Application.
In particular, the Owner may terminate the contract without notice if the User is a sanctioned person or entity, or is based or located in a territory subject to sanctions designated by an authority to which the Owner is directly or indirectly subject.
Statutory termination rights
Any further termination rights provided for by applicable law remain unaffected.
Provision of personal data
In order to access or receive some of the Products provided through this Application as part of the Service, Users may be required to provide their personal data as indicated on this Application. If the User withdraws consent to the processing of personal data required for the provision of the Service, the Owner reserves the right to terminate the contract with the User.
User rights
Right of withdrawal
Unless an exception applies, the User may be entitled to withdraw from the contract within the period specified below (generally 14 days) for any reason and without justification. The User can find further information about the right of withdrawal in this section.
Who benefits from the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers are entitled by law to withdraw from contracts concluded online (distance contracts) within the period specified below, for any reason and without justification.
Users who do not meet these requirements do not benefit from the rights described in this section. The Consumer will only be liable to the Seller for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unambiguous statement of their intention to withdraw from the contract.
For this purpose, the User may use the model withdrawal form available in the definitions section of this document. The User is, however, free to express their intention to withdraw from the contract in any other suitable form. In order to meet the deadline within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires.
When does the withdrawal period expire?
- In the case of contracts for the provision of a service, the withdrawal period expires 14 days after the day the contract is concluded, unless the User has waived the right of withdrawal.
Effects of withdrawal
The Owner will reimburse all payments received, including, where applicable, those relating to delivery costs, to Users who have correctly exercised their right of withdrawal.
However, any additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will be borne by the User.
The reimbursement is made without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the reimbursement is made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.
… on contracts for the provision of a service
If the User exercises the right of withdrawal after having requested that the performance of the service begin before the withdrawal period expires, the User shall pay the Owner an amount proportional to the part of the service performed up to the moment the User informed the Owner of their intention to withdraw, in comparison with the full service provided for by the contract.
The amount will be calculated on the basis of the contractually agreed price and will be proportional to the part of the service performed up to the moment the User exercises the withdrawal, in comparison with the full service provided for by the contract.
Warranties
Legal warranty of conformity for Digital Products under European Union law
Under European law, for a minimum period of 2 years from delivery or, in the case of Digital Products supplied continuously for more than 2 years, for the entire supply period, the seller warrants the conformity of the Digital Products supplied to Consumers.
Where Users act as European Consumers, the legal warranty of conformity applies to the Digital Products available on this Application in accordance with the laws of the country in which they habitually reside.
The national laws of that country may grant Users broader rights.
Legal warranty of conformity for services for Consumers in Brazil
The legal warranty applied to the services sold through this Application is governed by the following terms, in accordance with the Brazilian Consumer Defense Code (Código de Defesa do Consumidor):
- non-durable services carry a warranty of 30 (thirty) days; and
- durable services carry a warranty of 90 (ninety) days.
The warranty period begins upon completion of the provision of the services.
The warranty does not apply in cases of improper use of the service, natural events, or if the service has been subjected to any technical assistance other than that provided by this Application.
The warranty can be invoked through the contact channels provided by this Application.
Where necessary, the Owner will bear the costs of shipping any product for technical evaluation.
The Owner, at its discretion, may also provide a contractual warranty in addition to the legal warranty.
The rules applicable to contractual warranties can be found in the specifications provided by this Application. If such information is not provided, only the statutory provisions will apply.
Limitation of liability and indemnification
Unless otherwise specified or agreed with Users, the Owner's liability for damages connected with the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subordinates, affiliates, officers, agents, co-branders, partners and employees harmless, to the extent permitted by law, from and against any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with any culpable conduct in violation of these Terms, third-party rights or the law, carried out in connection with the use of the Service and attributable to the User, or to its affiliates, officers, agents, co-branders, partners and employees.
The foregoing also applies to any claims asserted by third parties (including, by way of example only, the Owner's clients) against the Owner in relation to Digital Products provided by the User, such as, for example, conformity claims.
Limitation of liability for the User's activities on this Application
Unless otherwise specified and without prejudice to applicable statutory provisions, any claim for damages against the Owner (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner's liability for death, personal injury or injury to physical or mental integrity, damages resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused by intent or gross negligence, provided that the User's use of this Application was appropriate and correct.
Unless the damages were caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner shall only be liable to the extent of damages typical for the type of contract and foreseeable at the time of its conclusion.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which constitutes a right that cannot be excluded, restricted or modified in any way (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and any other liability not otherwise excluded under these Terms, is limited, at the Owner's discretion, to the re-supply of the services or the payment of the cost of having the services supplied again.
US Users
Disclaimer of warranties
The Owner provides this Application on an "as is" and "as available" basis. Use of the Service is at the User's own risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein
Without prejudice to the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk, and the User shall be solely responsible for any damage to their computer system or mobile device or loss of data resulting from such download or the User's use of the Service.
The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Service, or any website or service linked via hyperlink. Furthermore, the Owner does not take part in nor in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or may not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any damage, whether perceived or actual, arising from the content, operation or use of the Service.
Federal law, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions under this Agreement apply to the extent permitted by law.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or the User's account or the information contained therein;
- any errors, omissions or inaccuracies in the content;
- personal injury or property damage, of any nature whatsoever, resulting from the User's access to or use of the Service;
- any unauthorized access to the Owner's secure servers and/or any personal information stored therein
- any interruption or cessation of transmissions to or from the Service;
- any bugs, viruses, trojan horses or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
- the defamatory, offensive or illegal conduct of any User or third party.
In no event shall the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Owner during the preceding 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section shall apply to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or on any other basis, even if the User had been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability under these Terms shall not apply beyond the extent permitted by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, without limitation, legal fees and expenses, arising from
- the User's use of or access to the Service, including any data or content transmitted or received by the User;
- the User's violation of these Terms, including, but not limited to, any breach by the User of any of the representations or warranties set out in these Terms;
- the User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- the User's violation of any applicable law, rule or regulation
- any content submitted from the User's account, including, but not limited to, misleading, false or inaccurate information, and including cases where access is made by third parties using the User's personal username and password or other security measures, if any;
- the User's willful misconduct; or
- the violation of any statutory provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions
No implied waiver
The Owner's failure to exercise any legal right or claim arising from these Terms shall not constitute a waiver thereof. No waiver shall be considered final in relation to a specific right or any other right.
Service interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or discontinue the Service entirely. In case of discontinuation of the Service, the Owner will make reasonable efforts to enable Users to extract their personal data and information and will respect Users' rights relating to continued use of the product and/or compensation, in accordance with statutory provisions.
In addition, the Service may not be available due to causes beyond the Owner's reasonable control, such as force majeure (e.g. infrastructure malfunctions, blackouts, etc.).
Service reselling
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service, in whole or in part, without the Owner's prior written consent, granted either directly or through a legitimate reselling program.
Privacy policy
Information on the processing of personal data can be found in the privacy policy of this Application.
Intellectual property rights
Without prejudice to any more specific provision contained in these Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and design rights relating to this Application, are exclusively held by the Owner or its licensors and are protected under the laws and international treaties applicable to intellectual property.
All trademarks – word or figurative – and all other distinctive signs, trade names, service marks, illustrations, images or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are protected under the laws and international treaties applicable to intellectual property.
Changes to these Terms
The Owner reserves the right to amend these Terms at any time. In such cases, the Owner will give appropriate notice of the changes to Users.
The changes will only take effect in the relationship with the User from the moment communicated to the User.
Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service and may withdraw from the Agreement.
The previous version will continue to govern the relationship until the User accepts the changes. That version may be requested from the Owner.
Where required by law, the Owner will notify Users in advance of the date on which the amended Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract any or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions relating to changes to these Terms shall apply.
The User is not authorized to assign or transfer their rights and obligations under these Terms without the Owner's written consent.
Contacts
All communications relating to the use of this Application must be sent to the contact details indicated in this document.
Severability
Should any provision of these Terms be or become null or ineffective under applicable law, the nullity or ineffectiveness of that provision shall not affect the validity of the remaining provisions, which shall therefore remain valid and effective.
US Users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with its original intent.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to such subject matter.
These Terms will be enforced to the fullest extent permitted by law.
European Users
Should any provision of these Terms be or become null, invalid or ineffective, the parties shall endeavor to find, in an amicable way, a valid and effective provision to replace the null, invalid or ineffective one.
If no agreement is reached as set out above, and if permitted or provided for by applicable law, the null, invalid or ineffective provision shall be replaced by the applicable statutory provisions.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the entire Agreement null, unless the null, invalid or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract had they known that the provision would be invalid, or in cases where the remaining provisions would result in an excessive and unacceptable burden for one of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict-of-law rules.
Prevalence of national law
However, notwithstanding the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, that higher level of protection shall prevail.
Exception for Consumers in Switzerland
If the User acts as a Consumer in Switzerland, Swiss law shall apply.
Exception for Consumers in Brazil
If the User qualifies as a Brazilian Consumer and the product and/or service is marketed in Brazil, Brazilian law shall apply.
Venue of jurisdiction
Exclusive jurisdiction over any dispute arising out of or in connection with these Terms lies with the courts of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for Consumers in Europe
The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
The foregoing does not apply to Users in Brazil who qualify as Consumers.
Dispute resolution
Amicable dispute resolution
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to Users' right to take legal action, in the event of disputes relating to the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit a complaint to the Owner's email address indicated in this document, including a brief description and, where applicable, the details of the order, purchase or account concerned.
The Owner will process the request without undue delay and within 3 days of its receipt.
Definitions and legal references
This Application (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by these Terms.
Brazilian (or Brazil)
Applies where the User, regardless of nationality, is located in Brazil.
Business User
Any User that does not qualify as a Consumer.
Digital Product
A Product that consists of:
- content produced and supplied in digital form; and/or
- a service that allows for the creation, processing, storing or accessing of data in digital form, or the sharing of or any other interaction with data in digital form uploaded or created by the User or any other User of this Application.
European (or Europe)
Applies where the User, regardless of nationality, is located in the European Union.
Model withdrawal form
Addressed to:
welance Ventures Italia S.R.L.
Via San Michele, 18
12050 - Lequio Berria
P. IVA: 04021150042
CAP. SOC. 25.000 € i. v.
Rappresentante legale: Enrico Icardi
enrico@welance.com
I/We hereby give notice of withdrawal from my/our contract of sale of the following goods/services:
_____________________________________________ (insert here a description of the goods/services from whose purchase you wish to withdraw)
- Ordered on: _____________________________________________ (insert the date)
- Received on: _____________________________________________ (insert the date)
- Name of consumer(s):_____________________________________________
- Address of consumer(s):_____________________________________________
- Date: _____________________________________________
(sign only if this form is submitted on paper)
Owner (or We)
Indicates the natural or legal person that provides this Application and/or offers the Service to Users.
Product
A good or service available through this Application, such as a physical good, digital files, software, booking services etc., and any other type of product defined separately in this document, such as Digital Products.
Service
The service offered through this Application as described in these Terms and on this Application.
Terms
All conditions applicable to the use of this Application and/or the provision of the Service as described in this document, as well as in any other related document or agreement, in their most up-to-date version.
User (or You)
Indicates any natural person using this Application.
Consumer
Any User qualifying as a Consumer under applicable law.