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Last updated: February 10, 2021.
By registering for a User Account (as defined in Section 4) or using any Apical Service (as defined below), you agree to be bound by the following terms and conditions (the “Terms and Conditions of Use”).
The sites
https://www.apical.
cloud and
https://www.apical.org
are the exclusive property of Apical S.r.l., headquartered at Via Stretta 32, 25128 Brescia (BS) (hereinafter,
Apical
). The Terms of Use should be considered in conjunction with
the Privacy Policy
.
Apical provides a set of Services, including an online space available to Users, through which Users, as infra defined, they can participate in and benefit from experiences recreational, sports, tourism and/or cultural activities made available by Apical’s clients (hereafter, the Merchant), while contributing to donation collection campaigns (hereafter, the Donation) in favor of nonprofit and nongovernmental organizations (hereafter, NGO) through the use of the Platform, such as infra defined. By using the Service, you agree to Apical’s Terms of Use. The service rendered by Apical and the use of the Site/App/Platform, as
infra
defined, are subject to the application of these terms of use and any other regulations or
policy
published by Apical on the website. In the event of disagreement with respect to any terms or conditions or subsequent modifications thereof, or in the event of dissatisfaction with the Services offered by Apical, your only recourse is to discontinue use of Apical immediately. Apical has the authority, but not the obligation, to strictly enforce the Terms of Use through community moderation and litigation in the appropriate judicial forums.
In addition to others found in this contract, the following definitions apply for the purposes of this contract:
Contents:(i) files containing text, images, audio and/or video recordings, data and/or information organized in databases, and otherwise all files, documents and/or information in any format that Apical makes available through the Site or App, or the Services, including any Content licensed by a third party; (ii) files containing text, images, audio and/or video recordings, data and/or information organized in databases, and in any case all files, documents and/or information in any format are transmitted, copied, sent, made available to Visitors of the Site or App.
Terms of Use.
: as provided herein.
Donation
: is the portion of the price paid by the User allocated to NGOs for collection related to the Campaign published on the Site.
Personal Data
: all personal information about each User, including the person’s name, address and telephone number, which may be collected through the Site or App.
Product:
(i.e. Tourism Product) includes.
recreational, sports, tourism and/or cultural experiences provided by Merchants and made available to Users through Apical’s Site/App/Platform. The Member is required to pay the fees for the use of the Product. The Price may consist of Management Fee; On-site Management Fee; Price to be paid on site; and Total Insurance Price.
Member
: any User registered on the Apical Platform.
Merchant: An entity with a VAT number, whether a sole proprietorship, corporation, or other legal entity, that uses Apical’s services to make sales of its Products.
Service
: Services that Apical offers through its Site or App.
Site or App or Platform
: domains
https://www.apical
.cloud and
https://www.apical.org
, including any subdomains, any URLs or portions thereof, the App named “Apical,” developed by Apical S.r.l. and present on Apple and Android digital stores, under the name Apical. This includes any additional web addresses or domains that host the platform upon agreement with Apical
User
: all natural or legal persons who access the Site or App.
1.2 Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.
2.1 The Site or App and Services comprise an online platform through which: (a) Users may view and obtain information regarding a Product as well as confirm their participation in one or more of them; (b) NGOs can advertise and their own Campaigns; (c) the Merchant benefits from an online space on which it can present its Products making explicit any services rendered therein as well as their prices and costs (hereinafter, the Price). Apical reserves the right to approve or reject the Product submitted by Merchants. It is understood that Apical has no control over the conduct of Users and/or Platform Members and excludes all liability in this regard to the fullest extent permitted by law.
User acknowledges and accepts Apical’s Privacy Policy, available at.
https://www.iubenda.com/privacy-policy/82469655/legal
as well as on the appropriate section of the App, as amended from time to time; this Policy governs Apical’s acquisition and use of Users’ Personal Data.
In order to register and use the service, each User must first create a User Account, providing personal information about him or her that is essential for the proper functioning of the people-to-people communication service. Users certify that they are over 18 years old at the time of their registration.
In filling out the forms prepared in the Member section, the Member will indicate an email address (whose uniqueness the system will automatically verify) and preferred password. The email address along with the password, will constitute the Authentication Credentials.
The User-Id will allow the identification of the User, as the entity to whom the activity or services requested on the Site should be referred.
Authentication Credentials are personal, confidential and non-transferable. You may, at any time, make a request to obtain or remove all of your information preserved in Apical databases by writing to
get@apical.org
.
The User agrees not to provide any incorrect or false information. In any case, Apical shall not under any circumstances be held responsible for the incorrectness or falsity, whether blameless, culpable or intentional, of the information communicated by Users.
Each User agrees to use only and exclusively the Account initially created, regardless of whether it was registered under his or her own identity or that of a third party. Under no circumstances may the User use the Account of a third party. Any exceptions to this rule must be explicitly requested by the User to Apical. The User may then proceed only with the explicit and specific permission of Apical. In the absence of such explicit authorization, the creation or use of new accounts under one’s own or a third party’s identity may result in the immediate and indefinite Suspension of the User’s accounts.
The Merchant provides details of the Product by describing in detail its features and the services it offers: date, time, location, cost, and any other relevant information. Under no circumstances is the Merchant allowed to reserve the right to supplement and/or change the features, details and description of the proposals outside the cases provided for in these Conditions.
A Member who intends to reserve one or more seats and/or services at a Merchant’s Product makes a reservation request on the Platform.
The Member who books the Product, at the time of the reservation request shall pay the amounts due by online payment by credit or debit card or through a digital account.
The Reservation process is completed when Apical receives confirmation of the Reservation.
In no case is there any obligation to reimburse the Management Fee, On-site Management Fee and Donation.
Regarding the repayment of the Price through the Platform:
– if earlier than 24 hours prior to the Product, the request may be forwarded to Apical who will forward the communication to the Merchant. It is understood that Apical is in no way involved in the contractual relationship between the User and the Merchant and that reimbursement is, in any case, to be made solely at the care and expense of the Merchant.
– if later than 24 hours prior to the Product, the request will not be handled by Apical. Reimbursement shall therefore be handled directly with The Merchant and shall be at the sole care, expense, and discretion of The Merchant.
In any case, the amount of any reimbursement can never include the Management Fee, On-site Management Fee, and Donation, which are non-refundable.
Apical provides through the Platform, through third party services, the payment of the Price requested by the Merchant. Apical, therefore, does not act or operate as a seller or reseller under any circumstances. Any payment is handled through the Platform in the name and on behalf of the Merchant, and is transferred to the Merchant. Such transaction shall in all cases constitute a direct payment, in whole or in part, of the Price by the Member to Merchant for participation in the Product and shall not be reclaimed in any way by the Member.
For payment, to be made by credit or debit card, the Member will be able to take advantage of the service offered by third parties, via the Platform: he/she will have to connect, following the instructions on the Platform, to the secure circuit of Stripe which ensures the confidentiality of data and the security and efficiency of transactions. The Member will enter the payment method data directly on the SSL server, created and secured by Stripe and managed directly by Stripe. The Member must then accept the terms and conditions prepared by Stripe in order to access the service. Apical will not be liable for any damages arising to the User from the use of Stripe’s proposed service.
The amount paid by Members who have booked the Product will be transferred to the Merchant as a share of the Price, deducting from it the amount corresponding to Apical’s commissions stipulated in the contract between Apical and the Merchant.
For the purpose of making the transfer referred to in the preceding paragraph, as well as for the production and forwarding of tax and accounting documentation (including receipts, receipts, invoices and any other equivalent document, however named) Apical will use only and exclusively the data provided by the Member at the time of registration or otherwise those available in the Member’s Account master data. The Member agrees to provide correct, valid and up-to-date information and also agrees not to provide any incorrect or false information. In any case, Apical shall not under any circumstances be held responsible for the incorrectness or falsity, whether blameless, culpable, or intentional, of the information reported by Members. The latter agree to indemnify and hold Apical harmless from any damage and/or liability arising, directly or indirectly, from the use of data provided by Members and found to be incorrect or false.
Apical does not pay fees on behalf of Users or Members. Users and Members are solely responsible for any Taxes related to them and arising from any intervening Contract.
Depending on the circumstances, including the number of transactions conducted and the subject matter of the transaction, licenses or certifications may be required by law. Apical is not responsible for determining the instances in which it is necessary to have a license and/or certificate to use the Services or the Platform, or to conduct a transaction through the Platform.
8.1 Exclusion of guarantees
You agree that your use of the Platform and the Service offered by it is entirely at your own risk and responsibility. The Platform and the Service provided by it are provided “as is” and “as available,” without warranty and/or liability of any kind. All express and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose are expressly disclaimed to the fullest extent permitted by law, and to the same extent, Apical disclaims all warranties for the safety, reliability, timeliness, accuracy, and performance of the Platform.
To the fullest extent permitted by law, Apical disclaims any warranty for other services or goods received through or advertised on the Platform.
To the fullest extent permitted by law, Apical disclaims any liability with respect to the transmission of computer viruses or other harmful components in connection with the Site or App or the Service.
8.2 Limitations of liability
In no event shall Apical 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 resulting from any contract entered into between the User and a third party. This exclusion of liability 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 damages related to personal or bodily injury.
This limitation of liability is intended to extend to cases where Apical is informed of the possibility of such damages.
The damages to which the limitation of liability relates may result from: the use or misuse of the Site or App or the Service; the inability to use the Site or App or the Service; or the interruption, suspension, modification, alteration, or termination of the Site or App or the Service.
This limitation also applies with respect to damages incurred because of other services or products received through advertising or in connection with the Site or App or the Service or any link on the Site or App, as well as because of information or advice received through or advertised in connection with the Site or App or the Service or any link on the Site or App. These limitations apply to the maximum extent permitted by law.
Apical is not required to verify the exact identity of its Users nor can it confirm the identity of each User.
9.1 User-sourced Content
All Content posted on the Site or App, transmitted through, or accessed via links from the Site or App, is the sole responsibility of the User from whom such Content originates. You are solely responsible for any Content you post, email or material otherwise made available through the Site or App. User understands that Apical does not control and is not responsible for Content made available through the Site or App, and that by using the Site or App, User may be exposed to Content that is offensive, indecent, inaccurate, illegal, or misleading.
9.2 Links to other websites
The Site or App, Application, and Services may contain links to third-party websites or resources. Apical 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 Apical of such websites or resources or the Content, products, or services available from such websites or resources. You assume sole responsibility and assume all risks arising from your use of such websites or resources or the Content, products or Services on or available from such websites or resources.
Apical is also not responsible for privacy policies or practices on other websites. When a User of the Site or App clicks on a link that directs to another site or app, the User is responsible for reading the privacy policies of that site or app.
9.3 User Authorization
Notwithstanding the foregoing, Users irrevocably authorize Apical, and/or other Users to whom Apical grants authority, to use the Content and any part or element thereof, without restriction whatsoever, throughout the world, in perpetuity, and otherwise for the duration of legal protection as sanctioned in each country of the world.
By way of example but not limited to, the above authorization is also understood to include the right to:
The above rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Content in any form and manner.
10.4 User Statement
The User declares that he/she fully and legitimately disposes of all rights related to the Content (including but not limited to: copyrights, image and/or personality rights in general, trademark and other private rights, privacy rights, portrait rights, etc.) that he/she proceeds to publish on the Site or App.
The User expressly declares that where he or she does not fully own the rights to the Content he or she proceeds to post, he or she has been expressly authorized to dispose of the Content by the third party owner of such rights and is therefore fully entitled to grant permission to use the Content to the extent provided in these Terms.
User agrees not to post any Content if such Content and/or its use:
You warrant the good quality of the Content you proceed to post and the suitability of the same for their intended use.
Apical reserves the right, in its sole discretion, to modify the Site or App or Services, or to modify these Terms of Use, at any time and without prior notice. If there are any changes to these Terms, they will be posted on the Site or notice will be given when the App is updated. The “Last Updated Date” at the bottom of these Conditions will also be updated. By continuing to access or use the Site or App or the Services from the posting of a change to the Site or App or the sending of notification of a change, you agree to these Terms as modified. If you find such changes unacceptable, your only option will be to cease using the Site or App.
12.Intellectual and Industrial Property Rights
Subject to the provisions contained on Apical’s Privacy Policy, any Content transmitted to the Site or App by users, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. In the event that users own all rights to such communications or Content, they expressly grant Apical and its designated licensors a non-exclusive, perpetual, and worldwide license to copy, distribute, display, perform, publish, translate, adapt, modify, and or use such material for any purpose whatsoever, regardless of the form or medium (now known or currently unknown) in which it is used.
Please do not publish confidential information or information protected as intellectual or industrial property rights on the Site or App unless otherwise agreed in writing.
If a User of the Site or App believes that his or her intellectual or industrial property rights or others have been infringed by a publication on the Site or App by another User, the User, within 48 hours of discovering the infringement, must immediately send written notice to Apical S.r.l., e-mail: get@apical.org.
To be effective, the notification must include:
You agree that upon receipt of a notice of claim of intellectual property infringement, Apical may immediately remove the identified materials from our Site or App without liability to Users or any third party.
The User of the Site or App agrees to release, defend, indemnify, and hold Apical and its affiliates and subsidiaries, and their officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way related to:
Apical reserves the right, at its sole discretion, to arrange for defense with counsel of its own choosing, against all legal claims, lawsuits, or other causes of action requiring financial compensation brought by the User, without objection by the User.
Apical, Users, Members, Merchants, and NGOs are independent parties, each acting in its own name and on its own behalf and for its own purposes. These Terms of Use do not create any subordination, agency, representation, association, intermediation, partnership, employment or franchise relationship between Apical and any User of the Site or App, nor shall Apical under any circumstances be considered as an intermediary and/or reseller of Merchants’ services and/or products.
None of the clauses contained in the Terms of Use, or Apical’s policies, or any other material may be considered intended to constitute, create, give effect to, or otherwise recognize a corporation, agency, joint venture, or formal business entity of any kind, or to create a fiduciary relationship between the Parties.
The rights and obligations of the parties shall be limited to those expressly stated herein.
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Italy.
All disputes regarding the validity, interpretation or execution of these General Conditions of Use shall be referred to the exclusive jurisdiction of the Court of Milan.
Apical is not responsible for the relationships created between Users.
The headings of the clauses in the Terms of Use have a descriptive function and do not affect their interpretation;
You agree that the rights and obligations Contained in these Terms of Use, as well as any other documents that are incorporated into them by reference may be freely and lawfully transferred by Apical to third parties in the event of a merger or acquisition, or other Product;
In any case, through the Site or App, Users agree to comply with all national and international laws and regulations currently in effect for the use of Apical’s Services in connection with activities performed on the Site or App by Users. No waiver of these Terms of Use will be granted, without written permission obtained and a new contract signed between Apical and the User;
All notices for the attention of Users will be sent to the email address provided at the time of registration on the Site or App. Messages and notifications are considered received 24 hours after the email is sent, unless a notification is received indicating that the email address is invalid or not working.
The newsletter dedicated to those who want to write with us about the Future
La partecipazione a TUTTI gli eventi organizzati da Apical prevede l’accettazione, da parte del partecipante, del seguente regolamento disciplinare, in cui sono elencate le Misure di prevenzione e protezione per evitare la diffusione da coronavirus – Covid-19.
Per tale motivo il partecipante agli eventi Apical:
– assicura di rispettare le Misure di contenimento della diffusione del COVID-19 espresse
nell’articolo 1 del decreto-legge n. 33 del 16 maggio 2020, ed è a conoscenza delle sanzioni, in caso di mancato rispetto, espresse nell’art 2 del suddetto decreto;
– è a conoscenza del decreto-legge n. 6 del 23 febbraio 2020, articolo 1, lett. h) e i), che
preclude l’accesso ad ogni attività a chiunque sia Positivo al COVID-19 e a chiunque, negli
ultimi 14 giorni abbia avuto contatti con soggetti risultati positivi al COVID-19 o provenga da zone a rischio secondo le indicazioni dell’OMS;
– in presenza di febbre (oltre 37.5°) o altri sintomi influenzali, ha l’obbligo di rimanere al
proprio domicilio e di chiamare il proprio medico di famiglia e/o l’autorità sanitaria;
– se ha eseguito un tampone, per accertare positività o meno al COVID-19, di cui non ha ancora esito, ha l’obbligo di non prendere parte all’attività;
– accetta di sottoporsi, prima dell’inizio dell’attività, al controllo della temperatura eseguito dalla guida. Qualora risultasse uguale o superiore a 37.5° accetta di non prendere parte all’attività.
Il partecipante deve inoltre rispettare le ulteriori norme disciplinari stabilite da Apical:
– obbligo di indossare mascherina, qualora non fosse possibile rispettare la distanza minima di 1 metro dagli altri partecipanti e avere sempre con sé un gel igienizzante a base alcolica da utilizzare in tutte le occasioni, dove necessario.
– niente abbracci e strette di mano.
– rispetto delle distanza minima di 1 metro tra ogni partecipante.
– divieto di uso promiscuo di bottiglie e bicchieri.
– obbligo di informare immediatamente la Guida in caso di qualsiasi malessere o sintomo
influenzale dovesse sopravvenire durante l’escursione.
Con l’accettazione del regolamento il partecipante dichiara di essere stato compiutamente informato da Apical in merito alle procedure anti Covid da rispettare ed esonera e manleva formalmente Apical da qualsiasi responsabilità di qualsiasi titolo e/o genere e/o natura e/o efficacia, derivante dalla violazione, da parte del partecipante medesimo, delle prescrizioni contenute nel “regolamento e procedure anti Covid” sopra citato.
Nicola – CEO di Apical
