Terms and conditions
Trainect S.r.l.s, with registered office in 00185 – Rome, Via Calatafimi 21 (hereinafter, Trainect), has created the platform called "Trainect" (hereinafter, the Platform) which can be reached at the domain name https://trainect and any subdomains ;
These conditions of use for the trainer and the user (hereinafter, CU or Conditions of Use) govern the relationship between Trainect and the user, Trainect and the trainers who organize an Event on the Platform and the minimum levels of service that the trainer undertakes to guarantee towards Trainect and the participants of the Events.
The trainer is registered on the Platform and has accepted the Terms of Use and the Trainer Terms which are hereby understood to be integrally referred to and applicable;
The Service rendered by Trainect and the use of the Platform by the trainer are subject to the application of the CU and CT and any other regulation or policy published by Trainect on the Platform (hereinafter, Terms and Conditions). In case of disagreement with the Terms and Conditions or subsequent modifications of the same, or in case of dissatisfaction with the Services offered by Trainect, the trainer will have the right and duty to immediately interrupt the use of Trainect.
1 Platform Description
The Platform and Services include an online platform through which: a) Users can view and obtain information relating to an Event; b) trainers can present their own Events; athletes can search for Trainer Events and purchase a ticket to participate in one or more of them. The Trainer uses an online space where he can register his own Event format and present it by explaining any ancillary services rendered there as well as the economic contributions required for participation and aimed at the reimbursement, even flat-rate, of the expenses incurred for the organization, management and management of the Event (hereinafter, the Contribution). Trainect reserves the right to approve the Event presented by the Trainers. It is understood that Trainect has no duty to control the conduct of the trainer and the Users and excludes any liability in this regard to the maximum extent permitted by law.
2 Privacy
The User declares to have read the Trainect Privacy Policy, available at the address https://www.trainect.it/privacy-policy; this Information governs the acquisition and use by Trainect of Users' Personal Data.
In particular, Trainect acknowledges and confirms that any processing of personal data deriving from the execution of the CUs will be carried out solely for the purposes connected to this execution or for other purposes for which the User has given express and unequivocal consent, and however in compliance with the provisions of Legislative Decree 196/2003 and subsequent amendments, Legislative Decree 101/2018 as well as EU Reg. 679/2016.
In particular, the User declares to have been informed about:
1. the purposes and methods of the treatment for which the data are intended;
2. the mandatory or optional nature of the provision of data;
3. the consequences of a possible refusal to answer;
4. the subjects or categories of subjects to whom the data may be communicated and the scope of dissemination of the data;
5. the rights pursuant to articles 15 (right of access), 16 (right of rectification), 17 (right to be forgotten), 18 (right of limitation of treatment), 20 (right of data portability) of the Regulation;
6. the name, denomination or company name and domicile, residence or headquarters of the data controller.
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3 User Registration
To register and use the service, each User must register for the event, providing personal data concerning him, which are essential for the correct functioning of the communication service between people. Users, by registering for the event, certify that they are at least 18 years old at the time of their registration.
The User undertakes not to provide any incorrect or false information. In any case, Trainect cannot under any circumstances be held responsible for the erroneous or false, innocent, guilty or willful information communicated by Users.
Under no circumstances may the User use the registration of third parties. Any derogation from this rule must be explicitly requested by the User from Trainect. The User can therefore proceed only with an explicit and specific authorization from Trainect. In the absence of this explicit authorization, it may result in the suspension of the User's registration or their definitive cancellation.
4 Reservation
The information relating to the Event, provided by the Trainers, is made available on the Platform, in which the characteristics and any ancillary services made available are described in detail: date, times, type of event, maximum number of participants that can be hosted, Contribution and any other relevant information (hereinafter, the Description Sheet). Under no circumstances is the Trainer allowed to reserve the right to integrate and/or change the characteristics, details and description of the proposals without the prior consent of Trainect.
The Booking process is completed with the receipt of the Participation confirmation from Trainect, sent upon completion of the payment of the Contribution. It is understood that Trainect has the right to cancel the Event at any time, without prejudice to the right to a refund for users whose Participation Request has already been confirmed.
5 Refunds
If the event is not held for reasons attributable to the Trainer, Trainect has the right to reimburse the user with the amount already paid by them. The refund will take place through the assignment of a Voucher for the value of the sum to be refunded and which can be used for participation in other Events within the term of 2 months (under penalty of forfeiture). It is understood that the user to whom a refund is granted through a Voucher may request, with a specific and express request in written communication to be sent by e-mail to the address info@trainect.it no later than the fifteenth day before the end of forfeiture above, that the amount of the Voucher be paid in cash.
In any case, the refundable amount corresponds to a sum equal to the Contribution already paid, after deducting the costs of managing the refund request specified by Trainect when taking charge of the request.
6 Payments
Trainect makes a third-party service available to Trainers, through which the customer who intends to participate in an Event can proceed with the payment of the Fee. Trainect, therefore, does not act or operate in any case as an official seller or payment service provider, limiting itself to providing access to the Platform and its maintenance. Payment through the Platform will in any case constitute a payment by the user of the Contribution for participation in the Event and cannot be claimed in any way by the user, except as established in Paragraph 6 of the CU.
For payment, to be made by credit or debit card, the user will be able to use the service offered by third parties, through the Platform: he will have to connect, following the instructions on the Platform. The user will enter the credit card data directly on the SSL server, created and guaranteed by Wix and managed directly by the same. In order to be able to access the service, the user must therefore accept the general conditions of the contract prepared by. Trainect will not be liable for any damages caused to the User by using the service offered by Wix.
Trainect reserves the right to make changes to the amount of the Contribution, even on a case-by-case basis, due to commercial initiatives or even impromptu pricing policies.
Trainect is not responsible for billing the sums paid by the user to the Trainer as a Contribution. The sending of the accounting and/or tax documentation, where necessary, will be performed directly by the trainer from time to time required to do so in accordance with the applicable legislation. Trainect is in no way required to verify the existence of the requirements, conditions and terms within which it is necessary to issue accounting and/or tax documentation, of any type and kind, to the user.
For the purpose of producing and forwarding the fiscal and accounting documentation (including receipts, receipts, invoices and any other equivalent document, however denominated) by the person required to do so, only and exclusively the data provided by the user to the time of registration. The user undertakes to provide correct, valid and updated information and guarantees that he has not provided and will not provide any incorrect or false information. In any case, Trainect cannot under any circumstances be held responsible for the erroneous or false, innocent, guilty or willful information communicated by the user. The latter undertake to indemnify and hold Trainect harmless from any damage and/or liability deriving, directly or indirectly, from the use of data provided and revealed to be incorrect or false.
7 Taxes, Licenses and Certifications
Trainect does not pay taxes on behalf of Users or Trainers. Users and Trainers are solely responsible for any Taxes relating to them and deriving from any existing Contract.
Depending on the circumstances, including the number of transactions conducted and the subject of the transaction, the law may require licenses or certifications. Trainect is not responsible for determining the cases in which it is necessary to be in possession of a license and/or a certificate for the use of the Services or the Platform, for the organization, management and conduct of the Events or for carrying out a transaction through the Platform.
8 Trainect's responsibility
8.1 Disclaimer of Warranties
The User accepts that the use of the Platform and the Service offered by it is entirely at his own risk and responsibility. The Platform and the Service provided by it are provided "as is" and "as available", without guarantees and/or liability of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability and fitness for a particular purpose are expressly excluded to the fullest extent permitted by law, and to the same extent, Trainect disclaims all warranties for safety, reliability, timeliness, accuracy and performance of the Platform.
To the fullest extent permitted by law, Trainect disclaims any warranties for any other services or goods received through or advertised on the Platform.
To the maximum extent permitted by law, Trainect declines all responsibility for the transmission of computer viruses or other harmful components in connection with the Platform or the Service.
8.2 Limitations of Liability
Under no circumstances may Trainect and the trainer organizing the event be held liable for damages to third parties or contracting parties resulting, directly or indirectly, from the use of the Platform or the Service or the events, or resulting from any contract between the User and third parties. This disclaimer covers, among others, direct, indirect, incidental, special, exemplary, and consequential damages, including: loss of profits, loss of data, or loss of goodwill; computer damage; cost of substitute products or services; any damage related to personal or physical injury.
This limitation of liability also extends to cases in which Trainect is informed of the possibility of such damages.
The damages to which the limitation of liability refers may derive: from the use or abuse of the Platform or the Service, from the impossibility of using the Platform or the Service or from the interruption, suspension, modification, alteration, or termination of the Platform or the Service.
This limitation also applies in relation to damages suffered due to other services or products received through advertising or in connection with the Platform or the Service or any link on the Platform, as well as due to information or advice received through or advertised in connection with the Platform or the Service or any link on the Platform. These limitations apply to the maximum extent permitted by law.
9 Security and User Feedback
Trainect cares about the reliability of its Users and the success of the Events as well as of the transactions carried out through the Platform and makes every effort aimed at the best possible degree of transparency. However, Trainect is not required to verify the exact identity of its Users, or Trainers, nor can it confirm the identity of each User or Trainer.
Similarly, Trainect is not required to verify, either before or after, the comments or feedback (hereinafter, the Feedback) released by users in relation to an Event or a Trainer. If a User believes that the Feedback may be offensive to himself or to the community, he is requested to notify Trainect immediately by writing to info@Trainect.it. Trainect will verify the offensiveness of the reported Feedback, pondering the advisability of any measures which may include, depending on the case and at Trainect's sole discretion, the suspension and/or cancellation of the Account of the user author of the reported Feedback.
10 Content posted on or through the Platform
10.1 Links to other websites
The Platform and the Services may contain links to third-party websites or resources. Trainect is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Trainect of such websites or resources or of the Content, products or services available from such websites or resources. You assume sole responsibility and assume all risk arising from your use of such websites or resources or the Content, products or Services on or available from such websites or resources.
Trainect is also not responsible for the privacy policies or practices adopted on other websites. When a User of the Platform clicks on a link that directs to another site or app, the User is responsible for reading the privacy policies of said site or app.
10.2 User and Trainer Authorization
Without prejudice to the foregoing, users and trainers authorize Trainect to use any photographic image and/or video recording that portrays them if taken in the context of an Event, without prejudice to the right to revoke this authorization by written communication. Users also irrevocably authorize Trainect to use all the Contents and any part or element thereof, without any restriction, throughout the world, in perpetuity and in any case for the entire duration of the legal protection as sanctioned in every country in the world.
By way of example but not limited to, the aforementioned authorization also includes the right to:
• publish, disseminate, communicate to the public and make available to the public so that everyone can have access to it at the time and place chosen individually, in whole or even in part, with any means and/or technology and in any way ( also interactive), currently known and/or developed in the future, the Contents through the Platform;
• for the purposes of the above, reproduce and modify the Contents in any way or form to comply with the technological constraints imposed by the Platform's operating methods;
• authorize other Users of the Platform to reproduce the Contents in order to view them on their terminals using the Services and the Platform.
The above rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Contents in any form and manner.
11 Changes
Trainect reserves the right, at its sole discretion, to modify the Platform or the Services, or to modify these Terms of Use, at any time and without prior notification. In the event of changes to these Terms, they will be published on the Platform or notice will be given at the time of the update. The "Last Updated Date" at the bottom of these Terms will also be updated. By continuing to access or use the Platform or the Services following the publication of a modification to the Platform or the sending of notification of a variation, the User accepts these Conditions as modified. If you deem these changes unacceptable, the only option will be to stop using the Platform.
12 Additional Terms
By purchasing tickets for the events offered by Trainect, I declare, under my own responsibility:
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1. I want to voluntarily participate in Trainect outdoor and/or online training;
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2. to be in psychophysical conditions suitable for carrying out non-competitive sporting activities and to immediately communicate to the trainer any information deemed necessary on one's state of health, especially any allergies (to insect bites or volatile substances) which could be accentuated by practicing sport outdoors;
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3. to be aware of the risks associated with the practice of outdoor and/or online sports and, moreover, to take them consciously even though Trainect workouts cannot be considered an activity in itself dangerous;
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4. to comply with all the indications that will eventually be given during training by the Trainect instructor;
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5. to consent to the processing of my personal data pursuant to Legislative Decree 101/2018.
It also declares:
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6. to assume any and all responsibility regarding his/her person, for personal damage and/or damage caused to others (and/or property) due to one's own behavior that does not comply with the indications of the Trainect bodies and instructors and behavior that does not comply with the good common sense;
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7. to relieve Trainect and its collaborators, as well as their heirs and/or assignees from any liability for injury and/or any damage (even caused by third parties) that may arise to their person on the occasion and as a result of their sporting activity;
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8. to relieve Trainect and its collaborators, as well as their heirs and/or assignees from any liability for loss or theft of personal items even if left in temporary custody with the Trainect trainers;
9. to have carefully read and evaluated the content of this text and to have clearly understood the meaning of each single point before proceeding with the purchase;
10. to be aware that Trainect has accepted the athlete's enrollment in the outdoor lesson also due to the exemption from liability, referred to in points 7 and 8 above, and that this exemption was an essential condition.
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For the purposes of articles 1341 and 1342 of the Civil Code, through the purchase of tickets for the events offered by Trainect, we declare to specifically approve the points: 1, 2, 3, 4, 5, 6,7, 8 and 9.
It is also added that Trainect is not responsible for the relationships created between Users.
In any case, through the Platform, Users undertake to comply with all national and international laws and all regulations currently in force for the use of the TRAINECT Services in relation to the activities carried out on the Platform by the Users themselves. No derogation from these Terms of Use will be granted without the written authorization obtained and a new contract signed between TRAINECT and the User;
All communications to the attention of Users will be sent to the email address provided when registering on the Platform. Messages and notifications are deemed received 12 hours after the email is sent, unless notification has been received indicating that the email address is invalid or non-functional.
Date of last update: 10/06/2020