- Scope of Application
These general terms and conditions for the use of the webinar (“General Conditions”) set out the terms governing the use of the service and the content of the individual services and materials offered (“webinar”) by Top Life Project S.r.l.s. (hereinafter also “Company”), with registered office at Piazza Mazzini 18, 39100 Bolzano (BZ), tax code and VAT number 03126040215, REA no. BZ – 234277, through the website https://www.toplifeproject.com, and made available to individual users.
The Company owns the website https://www.toplifeproject.com and is responsible for the services and content made available to individual users. The contract for the use of the webinar is concluded with the Company.
Since the webinars are intended both for professionals/business owners and for consumers, these General Conditions apply to both professionals and consumers; in the case of consumers, consumer protection provisions (“Consumer Code”) shall also apply.
- 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 educational seminars organized either by the Company or by third parties, in which participation takes place remotely via an internet connection, or recorded educational or informational sessions accessible remotely.
The term “Website” means the website through which the user may remotely attend live webinars or recorded webinars organized either by the Company or by third parties.
The term “consumer” means a natural person acting for purposes unrelated to any business, commercial, craft, or professional activity they may carry out, and who participates in the webinars solely for private purposes.
The term “consumer” means a natural person acting for purposes unrelated to any business, commercial, craft, or professional activity they may carry out, and who participates in the webinars solely for private purposes.
The term “Consumer Code” means Italian Legislative Decree no. 206 of 2005.
The term “Copyright Law” means Italian Law no. 633 of 1941.
- Subject of the Contract – Commercial Offer
The subject of the contract between the Company and the user is the provision of educational seminars broadcast via the web (webinars) and, in certain cases, the provision of educational materials, according to the commercial offer (price) published on the Website and pursuant to these General Conditions.
The webinar is provided either by direct connection, i.e. live participation by the user in the webinar, or by access to a recorded webinar available on the Website. In the latter case, access to the webinar will be available for a period of 12 months from the conclusion of the contract.
Any educational material made available for a purchased webinar may be downloaded by the user, who may use it under the terms set out in section 7.
The Company reserves the right to offer webinars of its own creation or to delegate third parties to create them. In the latter case, the Company shall be exempt from any liability regarding the content contained in the webinars.
The price indicated on the Website is an integral and essential part of these General Conditions. Acceptance of the General Conditions automatically implies acceptance of the commercial offer.
- Conclusion of the Contract
In order for the contract to be validly concluded, the user must have legal capacity, i.e. they must have reached the age of majority at the time of payment and must not be legally incapacitated or otherwise unable to conclude contracts.
The contract is concluded once payment has been made in the manner provided for in section 6 of these General Conditions. By making payment, the user declares that they have legal capacity.
After payment, the user will receive a confirmation email.
A necessary condition for entering into the contract is that, before proceeding with payment, the user registers for the course by completing the registration form with the required details and then accepting these General Conditions and the privacy provisions.
If the user does not agree with the General Conditions or the privacy provisions, or does not intend to accept them, they must not proceed with the conclusion of the contract and must stop browsing the Website.
- Processing of the User’s Personal Data
The user’s personal data will be processed as described in the privacy notice provided during registration or purchase of the webinar and available at the relevant link.
- Payment Methods
Before payment, the user will be informed of the total price to be paid in order to conclude the contract.
By clicking the “Payment” button, the user may choose one of the following payment methods:
Stripe: If Stripe is selected, the contract is concluded when the payment order is confirmed with Stripe. Stripe is a payment service provider through which payments may be made, for example, by credit card, card, Google Pay, or Apple Pay. The user must already be registered or register, identify themselves with their login credentials, and confirm the payment order. Further instructions will be provided directly by Stripe during the payment process. No additional costs will be charged.
PayPal: If PayPal is selected, the contract is concluded when the payment order is confirmed with PayPal. The user must already be registered or register, identify themselves with their login credentials, and confirm the payment order. Further instructions will be provided directly by PayPal during the payment process. No additional costs will be charged.
No other payment methods are accepted.
- Copyright and Intellectual Property
The webinar services and content, including text, software, photographs, videos, graphics, audio, documents, and other content, are protected by copyright, trademarks, patents, and other intellectual property rights. The use of the webinar and the content made available to the user is therefore permitted exclusively for educational and training purposes of the user. Any other use is expressly prohibited and will be sanctioned.
The Company authorizes webinar users to view and, where such functions are directly available on the Website, download (make a local copy of) and print the content exclusively for personal, non-commercial educational purposes, within the limits permitted by copyright law.
For purposes of criticism, discussion, teaching, or scientific research, the use permitted under Article 70 of the Copyright Law is allowed. In such cases, the user must include the trademarks and other references to the Website, as well as proper attribution of authorship (citing the authors and the source of the content). The user is not permitted to display, modify, adapt, reformat, download, upload, reproduce, transmit, publish, perform, transfer, or redistribute the content in any form, format, medium, or by any technology, outside the purposes stated above, without the prior written authorization of the Company.
- Content Made Available to the User
Content made available to the user within the framework of a webinar (oral or written), whether organized by the Company with speakers selected by it or organized by third parties, does not necessarily reflect the opinion of the Company or the speakers; therefore, the Company assumes no liability in this regard.
If the user makes their own content available, they authorize the Company to store, delete, archive, publish, transmit, use, and distribute such content to other webinar users.
- Technical Aspects – Technical Requirements for the Use of the Webinar
For downloadable webinars, the user must also have a device with a screen, an internet connection, an up-to-date browser version, possibly downloaded software for the webinar platform, and speakers or headphones. In any case, the Company will inform the user through the Website if downloading of content is temporarily unavailable due to maintenance or force majeure.
For downloadable webinars, the user must also have a device with a screen, an internet connection, an up-to-date browser version, possibly downloaded software for the webinar platform, and speakers or headphones. In any case, the Company will inform the user through the Website if downloading of content is temporarily unavailable due to maintenance or force majeure.
- Cancellation of Webinars
If a webinar is cancelled due to the absence of the speaker, force majeure, or other unforeseen events, the user shall have no right to demand that the webinar be carried out. The user will be informed immediately in writing or by email.
In such case, the user may choose either to request reimbursement of the participation fee or to register, using the amount already paid, for the new course that will be scheduled.
The user shall have no further claims or rights to damages against the Company.
- Right of Withdrawal
- If the user is a consumer, they have, pursuant to Article 52 of Italian Legislative Decree no. 206 of 2005, a period of fourteen days to withdraw from the contract without giving any reason.
- To exercise the right of withdrawal, the user must communicate, by written declaration (e.g. letter or email to the contact details referred to in section 1), the decision to withdraw from the contract before the expiry of the fourteen-day period.
- If the right of withdrawal has been correctly exercised, the Company will immediately refund the price paid, and in any event no later than fourteen days from receipt of the withdrawal communication.
- Pursuant to Article 59, letter o) of the Consumer Code, the user’s right of withdrawal is in any case excluded from the moment use 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 email address: info@toplifeproject.com.
In the event of withdrawal, the consumer acknowledges and accepts that the Company will immediately block the user’s access to the reserved area of the Website.
The consumer declares that they waive the right of withdrawal in relation to the purchase of digital products supplied on a non-material medium once performance and use have begun, as provided for in Article 59, letter o) of Italian Legislative Decree no. 206 of 2005.
In all other cases, in order to exercise the right of withdrawal, the relevant communication must be sent before the expiry of the 14-day period.
Professional users, however, as they may not rely on the right of withdrawal under the Consumer Code, must send written notice (e.g. by email) of their intention to withdraw from the contract no later than seven working days before the start of the webinar. In this case, the user shall be charged an administrative fee equal to 25% of the participation fee.
If the seven-day deadline is not respected, no participation fee will be refunded, except where the delay is caused by force majeure or unforeseen circumstances duly proven by the user.
Even in that case, the administrative fee equal to 25% of the participation fee shall still be retained.
- Jurisdiction, Applicable Law, and Referral
The exclusive place of jurisdiction for all disputes arising from the concluded contract shall be Bolzano (Italy). Italian law shall apply. Mandatory provisions of the Consumer Code remain unaffected.
If a dispute arises between the Company and a consumer user resident in the European Union concerning contractual obligations deriving from an online contract, there is the possibility of out-of-court resolution by contacting an ADR body included in a list pursuant to Article 20(2) of Directive 2013/11/EU and by using the ODR platform. The European Commission makes available an online platform for online dispute resolution (ODR) at: https://ec.europa.eu/consumers/odr.
Pursuant to Directive 2013/11/EU, as implemented in national law by amendment of the Consumer Code, the consumer user also has the possibility of alternative dispute resolution with the Company. In this case, the consumer user may contact the online conciliation office for consumer disputes arising from e-commerce contracts, “Conciliareonline.it”, based at Centro Tutela Consumatori Utenti (CTCU) – Conciliareonline.it, Via Dodiciville 2, I-39100 Bolzano (Italy), tel. +39 0471/975597, fax +39 0471/979914, email: info@conciliareonline.it / info@onlineschlichter.it. The website and conciliation instructions are available at conciliareonline.it.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the user declares that they have 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 the right of withdrawal); Art. 13.1 (jurisdiction).