- Scope of application
These general conditions of use of the webinar ("general conditions") set out the conditions of use of the service and content of the individual services and content offered ("webinars") by Top Life Project S.r.l.s. (henceforth also the "Company"), with its registered office at Piazza Mazzini 18, 39100 Bolzano (BZ), tax code and VAT number 03126040215, REA number BZ - 234277, via the website https://www.toplifeproject.com and made available to individual users.
The Company is the owner of https://www.toplifeproject.com and responsible for the services and content made available to individual users. The contract for the use of the webinar is concluded with it.
Since the webinars are directed at both professionals/entrepreneurs and consumers, these terms and conditions apply to both professionals and consumers, and the consumer protection provisions ("Consumer Code") apply to the latter.
- Definitions
The term "user" means the natural or legal person who enters into a contract with the Company for the use of the webinar.
The term "webinar" means seminars for educational purposes organized either by the Company or by third parties whose participation takes place remotely via an Internet connection or recorded educational or informational sessions that can be accessed remotely.
The term "Web Site" means the site from which the user can remotely participate in live or video-recorded webinars organized either by the Company or by third parties.
The term "consumer" means a natural person who is acting for purposes unrelated to any business, trade, craft or profession he or she may be engaged in, e. who participates in webinars for purposes purely of private interest.
"Professional" or "entrepreneur" means the natural person acting for the purpose of the business, trade, craft or professional activity, if any, and who participates in the webinars for professional purposes.
The term "Consumer Code" means the Legislative Decree 2005 No. 206.
The term "Copyright Law" means Law 1941, No. 633.
- Subject of the contract - commercial offer
The subject of the contract between the Company and the user is the provision of web-transmitted seminars for educational purposes (webinars) and, for certain cases, the preparation of educational materials, according to the commercial offer (price) published on the Web Site and in accordance with the general conditions.
Webinar delivery is by direct connection, i.e., live participation in the webinar by the user, or by viewing a video-recorded webinar accessible on the website. In the latter case, the webinar consultation will be possible for a period of 12 months after the conclusion of the contract.
Any instructional materials made available for a particular purchased webinar are downloadable by the user, who may use them under the terms of Section 7.
The Company reserves the right to propose Webinars of its own creation or to delegate third parties to create them. In the latter case, the Company is exempt from any responsibility regarding the content present in the Webinars.
The price indicated on the Web Site is an integral and essential part of the general conditions. Acceptance of the general conditions implies automatic acceptance of the commercial offer.
- Conclusion of the contract
For a contract to be validly entered into, you must have legal capacity, that is, you must have attained the age of majority at the time of payment and not be disqualified or incapable of entering into contracts.
The contract is concluded after making payment in the manner provided in Section 6 of these general conditions. By making the payment you declare that you have the capacity to act.
The user will receive a confirmation e-mail after payment.
A necessary condition for the conclusion of the contract is that the user, before proceeding to payment, registers for the course by filling out the registration form with the required data and thereafter accepting these general conditions and privacy provisions.
If the user does not agree with the general terms and conditions or privacy provisions or does not intend to accept them, he/she should not proceed to enter into the contract by terminating browsing the Web Site.
- Processing of user's personal data
Your personal information will be processed as described in the notice submitted to you when you register or purchase the webinar and available at this link.
- Methods of payment
The user is told before payment the total price to be paid for the purpose of concluding the contract.
By clicking on the "Payment" button, the user can choose the method from the following two payment methods:
Stripe: If the Stripe payment method is chosen, the contract is concluded when the payment order is confirmed to Stripe. Stripe is a payment service provider with which you can accept payments with e.g. credit card, card, Google Pay, Apple Pay. You must be registered or register first, identify yourself with your login information and confirm your payment order. You will receive further instructions directly from Stripe during the payment process No additional fees will be charged.
PayPal: If PayPal payment method is chosen, the contract is concluded when the payment order is confirmed to PayPal. You must be registered or register first, identify yourself with your login information, and confirm the payment order. You will receive further instructions directly from PayPal during the payment process. No additional fees will be charged.
Other payment methods are not accepted.
- Copyright and intellectual property rights
Webinar services and content, including text, software, photos, video, graphics, audio, documents and other content are protected by copyrights, trademarks, patents and other intellectual property rights. Therefore, the use of the webinar and the content made available to the user is permitted solely for user education and training purposes. Any other use is expressly prohibited and will be sanctioned.
The Company authorizes webinar users to view and, if these features are directly available on the Web Site, to download (make a local copy) and print content, solely for personal and educational non-commercial purposes to the extent permitted by the Copyright Law.
For purposes of criticism or discussion or for purposes of teaching or scientific research the use referred to in Article 70 of the Copyright Law is possible. The user must in such cases include trademarks and other references to the Web Site, as well as report the appropriate attribution of their authorship (citing the authors and source of the content). You may not display, modify, adapt, reformat, download, upload, reproduce, transmit, publish, perform, transfer or redistribute the content in any form, format or medium, or by means of any technology, unrelated to the above purposes, without prior written permission from the Company.
- Content made available to the user
Content made available to you as part of a webinar (oral, written), whether organized by the Company with referrers of your choosing or organized by third parties, does not necessarily reflect the opinion of the Company or the speakers and therefore the Company assumes no responsibility for it.
If you make your own content available, you authorize the Company to store, delete, archive, publish, transmit, use, and distribute that content to other webinar users.
- Technical aspects - technical conditions for using the webinar
Participation in a live webinar requires from the user at the time and throughout the duration a device with a screen, an Internet connection, a current version of the browser being used, possibly downloading a program from the webinar platform, speakers or headphones). It is recommended to test these requirements before the webinar. In any case, failure of technical requirements does not give the user any right to a refund.
With regard to downloadable webinars, a device with a screen, an Internet connection, a current version of the browser used, possibly downloading a program of the webinar platform, speakers or headphones) is required by the user. In any case, the Company notifies the user via the Website if downloading content is temporarily unavailable due to maintenance work or force majeure.
- Cancellation of webinars
If the webinar is cancelled due to the absence of the speaker, force majeure or other unforeseeable events, the user has no right to the performance of the webinar. The user will be informed immediately in writing or by e-mail.
In such a case, the user can choose to request a refund of the participation fee or enroll with the fee paid in the new course that will be scheduled.
The user is not entitled to any further claims or damages against the Company.
- Right of withdrawal
- If the user is a consumer, he or she has, pursuant to Article 52, Legislative Decree No. 206 of 2005, a period of fourteen days to withdraw from the contract without having to provide any reasons.
- In order to exercise the right of withdrawal, the user must communicate, by a written statement (e.g., letter, e-mail to the contact details in Section 1), the decision to withdraw from the concluded contract before the expiration of the fourteen-day period.
- If the right of withdrawal has been properly exercised, the Company will immediately, and at the latest within fourteen days from the day of receipt of the notice of withdrawal, refund the price paid.
- Pursuant to Article 59 (o) of the Consumer Code, the user's right of withdrawal is in any case excluded from the moment when the enjoyment of the webinar content has begun.
- Right of withdrawal
Consumer Users residing in Italy may exercise the right of withdrawal within 14 days from the date of purchase by sending notice to the following e-mail address: info@toplifeproject.com.
In the event of the exercise of withdrawal, the consumer acknowledges and agrees that the Company will immediately block the User's access to the restricted area of the Site.
The consumer declares that he/she waives the right of withdrawal with regard to the purchase of digital products supplied on a non-material medium once its execution and use has begun, as governed by art. 59 lett. o of Legislative Decree no. 206 of 2005.
In all other cases, in order to exercise the right of withdrawal, the relevant notice must be sent before the expiration of the 14-day period.
Professional Users, on the other hand, not being able to avail themselves of the right of withdrawal set forth in the Consumer Code, must send written notice (e.g., via e-mail) about their desire to withdraw from the contract, no later than seven business days before the start of the webinar. In this case, an administrative fee of 25 percent of the participation fee will be charged.
In case of failure to meet the seven-day deadline, no participation fee will be refunded, except if the said delay is caused by fortuitous event or force majeure proven by the User.
In the latter case, an administrative fee of 25 percent of the participation fee will still be withheld.
- Jurisdiction, applicable law and referral
Exclusive place of jurisdiction for all disputes arising from the concluded contract is Bolzano (Italy). Italian law shall apply. The mandatory rules of the Consumer Code remain unaffected.
In the event that a dispute arises between the Company and a user-consumer residing in the European Union regarding contractual obligations arising from the contract concluded online, there is the possibility of an out-of-court settlement of the dispute by contacting an ADR entity included in a list pursuant to Article 20(2) of Directive 2013/11/EU and using the ODR platform. The European Commission provides an online platform for online dispute resolution (ODR) which can be found at https://ec.europa.eu/consumers/odr.
Pursuant to Directive 2013/11/EU, transposed into national law by amending the Consumer Code, the user-consumer also has the option of alternative dispute resolution with the Company. In this case, the user-consumer can turn to the online conciliation office for consumer disputes arising from e-commerce contracts "Conciliareonline.it", located at Centro Tutela Consumatori Utenti (CTCU) - Conciliareonline.it, Via Dodiciville, 2, I-39100 Bolzano (Italy), tel. +39 0471/975597, fax +39 0471/979914, e-mail: info@conciliareonline.it / info@onlineschlichter.it. The website and conciliation instructions can be accessed via the link conciliareonline.it.
Pursuant to and in accordance with Articles 1341 and 1342 of the Italian Civil Code, the user declares that he/she has read, understood and accepted the following clauses: art. 8.2 (exclusion of liability); art. 9.1 (limitation of liability); art. 10.1 (limitation of liability); art. 12.2 (limitations of right of withdrawal); art. 13.1 (competent court)