GENERAL CONDITIONS OF USE OF THE WELLNEST.LIVE WEBSITE
Welcome to wellnest.live (the Site), the platform of Lanzacastiglioni Srls, based in Milan, Italy.
These terms and conditions, as supplemented by the additional special rules and conditions prepared by wellnest.live and referred to when registering for access to individual content or Services (as defined in the General Conditions) regulate access, navigation and the use of the Site, also accessible through third-level domains, as well as the provision and use of the various content and services available there and apply to all visitors and / or users who access it, whether they are registered users or not (Users).
By browsing the Website and using the contents and Services available there, the User acknowledges having read, understood and accepted these General Conditions, which he/she acknowledges to be bound by and which he/she undertakes to respect.
Therefore, the User is invited to read carefully and fully these General Conditions before using the Site and its functionalities and, if he/she does not agree with any of the terms and conditions contained therein, to abandon the navigation of the Site.
1.SITE REGISTRATION - ACCOUNT
In order to make full use of the functionality of the Site and the contents and services available therein it is necessary that the User registers to the Website by filling in all parts of the appropriate registration form. For access to the individual Services and the use of the various functionalities of the Site, additional information and data may be requested from the User with different registration steps. Failure to complete and communicate the information and data requested from time to time determines the impossibility for the User to access in full to the functionality of the Site and / or the Services available there.
Registration on the Site is allowed only to people 18+, or to persons under the age of 14 who have already obtained the consent of the parents or legal representative. In the case of underage person with consent, registration must be made by the legal representative, or by another duly authorized person with the necessary powers. Registration of Users who have been previously suspended or removed from the Site is not allowed. By registering, the User confirms that he/she possesses the aforementioned requirements.
The User guarantees the accuracy, completeness and truthfulness of the data and information provided to wellnest.live during registration, as well as all the information and data that will be provided during the use of the Site and the contents and Services therein available, including the data provided when accessing the same Services. wellnest.live will have the right, at its sole discretion, not to accept the User's registration, or to suspend or terminate - even permanently - access to the Site and / or the provision of the Services, should any information of the User be proved to be wholly or partly false, incomplete or incorrect. The User undertakes to keep constantly updated the information related to his/her account, communicating to wellnest.live promptly any changes through modification of their account or e-mail or other written communication.
Upon registration, the User must provide a username / e-mail following which the User will be notified via e-mail, his/her password for accessing the Site. The username / e-mail and password are strictly personal and the User undertakes to keep them with the utmost diligence and to keep them secret and confidential, not to communicate or otherwise transfer them to third parties. With the username / email and password, the User may have access to the various sections of the Site as well as the temporarile Services available and for the use of these latter they will be enabled as necessary. The User is solely responsible for maintaining the confidentiality of his / her username / email and password, as well as for restricting access to his / her computer. The User accepts, therefore, to assume full responsibility for any activity that may take place through his / her username / email and undertakes to indemnify and hold unharmed Lanzacastiglioni, its employees, partners, directors and consultants, from any claim that may be advanced by third parties in connection with the use of the Site through the username / email of the User (even if such use has not been authorized by them), as well as any and all consequent damage, cost, burden and expense that Lanzacastiglioni , its employees, partners, directors and consultants, have to undergo.
The User is obliged to promptly notify wellnest.live of any event in which he/she believes that his / her username / email is not safe (for example, as a result of loss, embezzlement or illegal or unauthorized, or because of the simple use on behalf of others of their username / email or password).
2.USE OF THE SITE AND SERVICES PROVIDED THROUGH THE SITE
Access to the Site allows Users to take advantage of the services offered by specialized professionals who are present on the platform.
The role of wellnest.live is limited to the provision of programs, technological structures and digital platforms for accessing and using the Site, with the consequent exclusion of any other and further responsibility, all as better indicated in point 8 of the present General Conditions to which reference is made.
Nature of the service: wellnest.live makes available to Users the programs and technological structures, provided on the Site, suitable to allow Users to connect with qualified professionals to take advantage of online video sessions.
How to activate and operate: the activation of the Services is carried out in favor of Users who have completed their registration.
Rate: Basic Services are provided and accessible to Users on the basis of hourly rates indicated by the instructors according to the type of lesson, the length of the lesson and the characteristics of the selected discipline.
Class packages: Users can purchase credit packages to be used within the deadline set by the regulations, which entail savings on single lesson rates. Such credit packages can be used by users who have completed registration on the site. The total or partial non-use by the User of the services provided for the duration of the purchased credit package is at the User's sole risk and does not give rise to any right to the total or partial refund of the amount paid.
Cancellation: for any reason the User can cancel the lesson purchased with a notice of at least 4 hours before the actual agreed time for use. In this case, the refunding procedure will be activated, therefore, wellnest.live - after having carried out the necessary checks - will proceed to reinstate the credits related to the lesson on the personal page of the User. Credits will remain available for a new booking. On the other hand, if for any reason the User proceeds to cancel the lesson with a notice of less than 4 hours, the User will definitively loose the purchase.
The trainer can cancel the lesson for any reason and at any time at least 24 hours prior to the agreed time for use. In this case, the refunding procedure will be activated and, therefore, wellnest.live - after having carried out the necessary checks - will proceed to reinstate the unused credits to the User, credits that will remain available in the user's personal area. In return for such reinstatement, every claim of the User will be considered satisfied, with consequent waiver of the User to cultivate any actions and / or claims of any kind (including any claims for compensation of damages) against wellnest.live and / or the instructor, the reinstatement constituting the only and exclusive remedy which the User may claim.
3.ADDITIONAL OBLIGATIONS OF THE USER
The User undertakes to:
not to use the Site for any illegal purpose, or in violation of any local, national or international law, including, but not limited to, the provisions of the law related to intellectual property, copyright and personal data protection;
not to upload, publish, communicate, disseminate or otherwise share illicit, defamatory, libelous, defamatory, offensive, indecent, vulgar, pornographic, racist or discriminatory content, contrary to law, public order and good practice or harmful third party rights, including copyrights;
do not delete the copyright information from the Site and from any content uploaded therein;
not to defame, threaten or harass the Users of the Site or collect, or try to collect, personal information about the Users themselves without their consent and without the consent of wellnest.live
do not remove, disable, damage, circumvent or interfere in any other way with the functions inherent to the security of the Site or its contents, with features that prevent or restrict the use or copying of any content accessible through the Site or with the functionalities that strengthen the limitations on the use of the Website or the contents available there;
not to reverse engineer, de-compile, disassemble or attempt to discover in any other way the source code (in all its forms) of the Site;
not to modify, adapt, translate or create derivative works based on the Site or any content accessible there;
do not interfere in any way with, or damage, the operation of the Site (and any of its subparts) or with the possibility of Users to exploit its functionality including, but not limited to, the upload or spread of viruses, adware, worms or other types of malware code / program;
do not send mail from the third-party mail server without the authorization of the third party in question;
not use any type of robot, spider, scraper or any automated method to access the Site and the contents available therein for any purpose or to bypass the security measures that wellnest.live has created to prevent or restrict access to the Site and to contents present therein;
do not interfere with or disturb the Site, the servers of the Site or the network connection of the Site, disregard any requirement, procedure or regulation of the network connections connected to the Site;
do not use the Training Services in order to directly contact the instructors to take advantage of the services and lessons outside the Website
4.REGISTRATION AND CLOSING OF THE ACCOUNT - ILLEGAL USE OF THE SITE
Also pursuant to and for the purposes of the Italian Consumer Code if and as applicable (Legislative Decree 6 September 2005 No. 206), the User is informed of the following.
Wellnest.live will have the right to suspend or terminate - even permanently - the agreement, and to close any use of the Site by the User, blocking access, immediately and without prior notice, if - at the discretion of wellnest.live - the user:
does not provide or have provided - in whole or in part - updated and complete, truthful and correct data and information;
uses or have used the Site for purposes illegal or that are considered by Wellnestlive to be incompatible with the nature of the Site (such as, by way of example, transmission and exchange of viruses, sending or disclosure of advertisements, chain mails; spamming, transmission and / or exchange and / or disclosure of unlawful material);
violates or has violated, in whole or in part, the General Conditions.
. However, it is understood that in no case will the User be entitled to the refund of any sum already paid to wellnest.live for the use of the Services and will remain obliged to pay wellnest.live any sum still owed.
Wellnest.live reserves the right to use any legal means to prevent and combat any illegal use of its Site and the content and services available there, including the ability to map IP addresses and contact the Internet Service Provider to whom it is considered reference to this illicit use.
Without prejudice to other remedies and actions, wellnest.live will report to the competent authorities any activity suspected of being fraudulent, abusive or illegal
5. WELLNEST.LIVE PROPERTY RIGHTS
The wellnest.live platform is held and operated by Lanzacastiglioni Srls The visual interface, the graphics, the project, the information, the source code (in any form), the products, the Services, the software and all the parts of the wellnest.live platform made available by Lanzacastiglioni (Proprietary Content) are protected by copyright.
All Proprietary Content is the property of Lanzacastiglioni Srls or licensed to it by third parties.
The User undertakes not to copy, modify, readjust, reproduce, publish, transmit, distribute, sell, license, communicate or otherwise make available to the public, create works derived from, or make any other kind of unauthorized use of Proprietary Content
Through its Site Wellnest.live can provide links to sites, resources and Internet services over which it does not exercise or is required to exercise any form of control and therefore declines any responsibility for damages, claims or losses, direct or indirect, arising in any form to the User from the vision, use and / or operation of the sites or services reached through links prepared by it.
The sites, resources and Internet services reached through links prepared by wellnest.live cannot in any way be considered shared or supported by wellnest.live itself and, therefore, the user assumes all responsibility for purchases or for any other type of activity carried out by them.
7.WELLNESTLIVE LIMITED LIABILITY
With reference to the Services, the User expressly acknowledges and accepts that the role of wellnest.live is limited exclusively to the provision of IT services for accessing and using the Site, merely making available to Users an IT tool, without assuming any direct or indirect role in relation to the use that users make of the Site and the features therein, as well as in the use of the lessons with a trainer, which takes place under the direct and exclusive responsibility of the Users and without wellnest.live control.
Wellnest.live has no possibility to verify the absence of violations of law or third party rights at the time of connection between the trainer and the user for the class. The User, therefore, expressly acknowledges and accepts that wellnest.live is not required to, nor is able to, carry out any control activity regarding the content of the live lesson and will therefore not be in any way responsible for the activity of the trainer.
Wellnest.live assumes no responsibility for any damage that may be sustained by the User (including the computer) and for any damage or loss (including loss of data) resulting from the download or use of the linking programs on and to the Site , including the hypothesis of transmission of computer viruses.
Wellnest.live does not guarantee that the security measures used to protect the Digital Content are not circumvented and that there are no "flaws" or the possibility of circumventing in any way these security measures.
Notwithstanding the foregoing, the User expressly acknowledges and agrees that:
Lanzacastiglioni will not be in any way responsible for any damage of any kind that the User has to suffer in connection, direct or indirect, with the Site, its use, the use of any and/or all content and service therein or made accessible;
Lanzacastiglioni will not be liable for any damage of any kind suffered due to any product or service sold or in any way distributed by the sites of which wellnest.live presents references within or advertised on the wellnest.live platform;
8. MODIFICATIONS OF THE GENERAL CONDITIONS
Also because of its operational and business needs, as well as to improve the Site and the functionalities present there, wellnest.live reserves the right to make, at any time and without notice, changes and additions to these General Conditions, making it aware of the User through publication on the Site. Any modifications and additions made will be effective from the date of publication of the same on the Site.
The use of the Site at a time subsequent to such modifications and additions implies the complete acceptance by the User of the new General Conditions. Therefore, the User is invited to constantly check any change and addition made to the General Conditions in force from time to time and not to use the Website if the User does not agree and does not intend to accept, in whole and / or in part, these General Conditions
10. APPLICABLE LAW AND JURISDICTION
These General Conditions, as well as any question related to their formation, validity, interpretation, execution, modification and termination are governed by Italian law.
For any controversy relating to these General Conditions, the Court of Milan will have exclusive jurisdiction.
Last revision: August, 30 2018
Information on the processing of personal data
Dear User, pursuant to art. 13 of the Italian legislative decree n. 196 of 30 June 2003 - "Code regarding the protection of personal data" - (hereinafter, the "Code"), acting as independent data controllers of personal data - wellnest.live Lanzacastiglioni Via Frua 11, 20146 Milan informs you as follows:
PURPOSE OF THE TREATMENT
Your personal data are collected by wellnestlive through appropriate forms on the site and are processed for the purposes indicated below. We specify that the purposes indicated in subparagraphs a) and b) are always pursued, while the purposes indicated in letter c) and d) are only possible and are pursued exclusively in case of request and by obtaining the specific consent related to each individual purpose. In the event that the consent related to the single purpose is not requested, it is meant that the purpose itself is not pursued.
In particular, the purposes indicated below under letter a) and b) are always pursued, as they represent the constitutive element of the services offered by the site, for which registration is requested, as explained in the Regulations, which can be read here .
. purposes strictly related to the provision of services offered by the site, including the possibility of accessing further initiatives promoted by the site, including the possible participation in competitions and promotional initiatives and the sending and / or receiving of messages and thematic newsletters in response to requests formulated. For this purpose, your consent is not required and the provision of your personal data is optional but any refusal will make it impossible for the Data Controllers to provide the requested services.
.marketing purposes, like the sending of commercial communications and direct sales by their owners. For this purpose, your consent is not required and the provision of your personal data is optional, but any refusal will make it impossible for the Data Controllers to provide the services requested. Your personal data may be used by the Data Controllers for the purpose of sending commercial communications (marketing) and / or direct sales on its own initiatives and that of its partners, by e-mail, fax, telephone and any other communication technology including social media, taking into account the indications that you will provide by answering freely those questions which will make us better understand your requests and interests. You will still have the right to object, in whole or in part, to the processing of your personal data for marketing and / or direct sales purposes, submitting a simple request to the Data Controllers.
.profiling purposes conducted with automatic tools based on the interests and requests of the interested parties. We specify that the purpose of this processing is intended in practices pursued by the Data Controllers only if required to provide specific and separate consent with reference of that purpose. In this case and after obtaining your express consent, your data will be processed to perform profiling activities.
.purposes of communicating the data collected to third parties to send commercial communications (marketing) and direct sale by such subjects as independent data controllers: upon obtaining your express consent, your personal data may be used by the Data Controllers to communicate them to third parties for the purpose of sending commercial communications (marketing) and / or direct sales, by e-mail, fax, telephone and any other communication technology including social media, taking into account the indications that you will provide by replying to specific questions related to your preferences and interests. The consent to the processing of these data is optional and any refusal to process will not make it impossible to use the services offered by the subjects to whom the Data Controllers will be able to communicate their data. Even in case of consent, the user will still have the right to object, in whole or in part, to the processing of personal data for marketing and / or direct sales purposes, by submitting a simple request to the Data Controllers. We remind you that the consent given for sending commercial and promotional communications, on the basis of art. 130, paragraphs 1 and 2 of the Code, implies the receipt of such communications, not only through automated methods of contact, but also through traditional methods, such as paper mail or calls by operator. We also remind you that if you do not intend to give consent to the terms indicated above, you have the opportunity to express any wish to receive communications for the aforementioned purposes exclusively through traditional methods of contact.
TYPE OF DATA OBJECT OF THE COLLECTION
Personal data: The personal data that you provide will be recorded and stored on protected electronic media and processed with appropriate security measures also by associating it and integrating it with other databases. The data and cookies received by you will be processed by the Data Controllers exclusively as procedures necessary to provide the services requested by you. Only with your express consent may the data be used for statistical analysis, market research and the sending of commercial information on the products and promotional initiatives of the owners and / or third-party companies.
Navigation data. The software procedures and the computer system used to operate the websites can acquire, during their normal operation, some data whose transmission is implicit in the use of Internet communication protocols. These information is not collected by our site to be associated with identified Users, but by their very nature they could, through processing and association with data held by the owner or third parties, allow users to be identified. This category of data includes IP addresses or domain names of the computers used by users connecting to the site, the addresses noted in the Uniform Resource Identifier (URI) of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters relating to the operating system and the user's computer environment. These data, potentially acquired during the use of the site, could be used by the Data Controller for the sole purpose of obtaining anonymous statistical information on the use of the site in order to identify the pages preferred by users and provide increasingly adequate content and control correct operation. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the site. Any individual profiling with such data will be possible only if the prior consent of the interested party is requested and obtained.
METHOD OF COLLECTION
In relation to both the aforementioned purposes, the data will be processed using IT and / or telematic tools, both on paper and, in any case, using instruments that guarantee security and confidentiality through the adoption of measures safety prescribed by the Code.
SCOPE OF COMMUNICATION AND DIFFUSION OF DATA
The data controllers responsible for managing the services requested and the data controllers appointed by the Data Controllers may be aware of your data. Upon obtaining your express consent, your data may be disclosed, even outside the European Union, to subsidiaries / controlling companies or affiliates of the Data Controllers, to assignees of a company or branch of a company, to companies resulting from possible mergers or demergers of the owners, as well as other companies that carry out activities in the marketing and direct sales of goods and services via the Internet and other remote communication technologies. In particular, with your consent, your personal data may also be transmitted outside of the European Union, and transferred to third-party companies for their processing for commercial and advertising purposes. These companies will act as independent data controllers, taking all responsibility for the content of their advertising and compliance with the law on the processing of personal data, appointing any data controller, if they entrust the processing of your data in outsourcing
Your personal data will in no way be disclosed to the public.
Owner and manager of the treatment
Independent data controllers provided by users are the subjects indicated in the introduction: lanzacastiglioni Via Frua 11 20146 Milan. These owners have designated as the person in charge of data processing the person in charge pro tempore for the management of the respective company database.
You have the right to obtain at any time the confirmation of the existence or otherwise of the same data and to know its content and origin, verify its accuracy or request its integration or updating, or correction (Article 7 of the Code). According to the same article you have the right to request cancellation, transformation into anonymous form or blocking of data processed in violation of the law, as well as to oppose in any case, for legitimate reasons, to their treatment. We remind you that your right to object to the processing of your personal data for the purpose of sending commercial communications (marketing) through automated methods of contact, extends to traditional ones and that, even in this case, you have the possibility of exercising such right in whole or in part:
for legitimate reasons to the processing of your personal data, even if pertinent to the purpose of the collection;
Last revision Milan, August, 30 2018