Terms and Conditions
Digital Arena - TERMS AND CONDITIONS
The following terms, when used with a capital letter below, shall have the following meanings, it being understood that terms in the singular include the plural and vice versa:
“Biesse”: Biesse S.p.A., with registered office in Via della Meccanica, 16, 61122, Pesaro (PU), Italy, which makes Webinars available to Users through the Platform; “Credentials”: unique pair of username and password to be provided in order to register on the Platform;
“GDPR”: Regulation (EU) 2016/679 on the protection of personal data;
“Platform”: the website www.digitalarena.biessegroup.com which allows any user to see the list of webinars available, accessing detailed information on each of these and, in certain cases, to view the relevant trailer; following registration, these webinars can also be viewed here;
“Trailer”: short video introducing the Webinar also visible to Visitors;
“User”: a user of the Platform who has registered online by filling in the registration form, and who can view the Webinars in full:
“Visitor”: a user of the Platform who can only view the Trailer;
“Webinar”: information and/or training sessions about the wood, advanced materials, glass or stone industry, available free of charge online through the Platform.
1.1 This document contains the terms and conditions of use of the Platform by Visitors and Users and the various procedures for using the Webinars.
2 Registration on the Digital Arena
2.1 In order to be able to fully benefit from the Webinars, users must first register on the Platform or, if already registered, can access this space by authenticating themselves, as indicated in Article 3.1 below.
2.2 To register on the Platform, you must:
b) expressly accept these general terms and conditions and the relevant unfair clauses, by ticking the appropriate boxes.
2.4 The User undertakes to keep these Credentials in a safe and secure place and not to share them with third parties.
2.5 The User, assuming all responsibility, guarantees the truthfulness and correctness of all personal data provided during registration and undertakes to keep them updated as necessary.
2.6 You must be of legal age to use the Platform.
3 Use of Credentials by Users
3.1 After registering, in order to view the Webinars in full, Users must authenticate themselves by entering the above access Credentials in the appropriate box on the Platform.
3.2 Credentials are personal and may not be transferred. Users are required to look after these credentials with the utmost care and to keep them confidential in order to prevent their use by third parties..
3.3 Users are required to choose a password that is not easy to identify and to verify that it cannot be recovered through secret questions/answers that may be known to third parties. In addition, this password should be changed periodically. Users acknowledge that Biesse reserves the right to request a change of password if it deems such an operation necessary.
3.4 If the Credentials are lost, Users can recover the password using the password recovery function.
3.5 Users will be liable for any use of the above Credentials by authorised or unauthorised third parties, as well as for any damage incurred by Biesse and/or third parties as a result of failure to comply with the above, and undertake to indemnify and hold Biesse harmless from any and all claims, including compensation for damages, directly or indirectly deriving from the above mentioned use or abuse.
4 Availability of the service and limitation of liability of Biesse
4.1 Visitors and Users acknowledge and accept that the use of the Platform and therefore the enjoyment of the Trailers and Webinars may be suspended or interrupted, in whole or in part, for reasons beyond Biesse’s control - such as, by way of example and without limitation, slowing down, congestion and/or overload of the system, the internet access network, telephone lines and/or computers that manage telematic traffic; tampering or illicit interventions by third parties on the Platform, malfunction/configuration of the connection devices used by Visitors or Users or tampering or interventions on such devices, carried out by the latter or by third parties; incorrect use of the Platform by Visitors or Users.
4.2 Visitors and Users acknowledge that the functionalities of the Platform may be suspended (including without notice, where necessary) in order to enable certain operations to take place. These include corrective maintenance - designed to fix faults, defects, malfunctions (bugs) in the Platform - and evolutionary maintenance, designed to improve operation and usability, add new functionalities, and to adapt these to regulatory developments and to the context of reference (updates). In addition, the Platform may also be suspended in the event of emergencies or threats relating to security, and it remains understood that Biesse will in any case take care to restore all functions as quickly as possible, in order to minimise any inconvenience to the aforementioned parties.
4.3 Visitors and Users acknowledge and accept that Biesse cannot be held responsible - with the sole exclusion of cases attributable to wilful misconduct or gross negligence - for any damages, either direct or indirect, that the Visitor or User may incur as a result of or in relation to the use or non-use of the Platform; this also regards the cases referred to in the paragraphs above. Furthermore, the Platform and the Events are provided by Biesse and are deemed accepted by the Visitor and the User in the state in which they are found (as "as is" and "as available"); Biesse does not offer any guarantees with regard to results that are expected, hoped for or obtained through the use of the Platform.
5 Visitor and User rights and obligations
5.1 Biesse enables Users to view the Webinars and the content disseminated through these, and also allows Visitors to view certain Trailers. It is understood that neither Visitors nor Users may upload content.
5.2 Visitors and Users undertake to use the Trailers and Webinars in accordance with the provisions of these terms and conditions and in full respect of all rights, including copyright and intellectual and industrial property rights in general, as well as all applicable laws and regulations.
5.3 Visitors and Users acknowledge that in particular it is prohibited to:
i) record, reuse, disseminate, modify, transform - even only in part - translate, copy, reproduce, distribute the contents made available by Biesse on the Platform via the Trailers and the Webinars (in whole or in part) or in any case make use of them (either free of charge or against payment) in a manner not permitted by these terms and conditions or by mandatory rules of law or take any other action not specifically provided for and agreed upon;
ii) create works based, in whole or in part, on the Trailers, Webinars or the Platform;
iii) try in any way to discover the Platform’s source code;
iv) put into circulation or make available, reproduce or copy trademarks, logos, graphic elements, images present in the Platform or product names or company names that may be mentioned in the Platform of their respective owners;
v) decode, decompile, disassemble the Platform or engage in any reverse engineering of the same;
vi) engage in conduct that could compromise the security of third party systems and/or equipment, damage the Platform’s functionality, interrupt its operation, interfere with its use by other Users or allow unauthorised access;
vii) attempt to access the service using a method other than the software interface provided by Biesse.
5.4 The User undertakes to promptly notify Biesse if he/she becomes aware of unauthorised access to the Platform.
6 User and Visitor guarantees and responsibilities
6.1 Visitors and Users acknowledge that the Platform, the Trailers and the Webinars are the property of Biesse or their respective owners, contain confidential information and are protected by the applicable laws.
6.2 In case of violation of the terms of Articles 5.2 and 5.3, Visitors and Users shall remain solely liable, with express indemnity to Biesse or the holders of intellectual or industrial property rights in relation to any claim made by third parties as a result of the aforementioned infringement.
6.3 It is understood that in this case, as well as in the event of a violation of 3.2 above or where there are reasonable grounds to believe that account is being used by unauthorised third parties or by said User illegitimately and/or illegally, Biesse may, at its discretion and without prior notice, take any action it deems necessary or even only appropriate to protect its interests, including the suspension and/or closure of the User's account, without prejudice to any remedy provided by law, including the right to terminate this contract in accordance with Article 1456 of the Italian Civil Code, and claim compensation for the damages suffered.
7.1 Any communication, report or complaint by Visitors or Users must be made to Biesse in writing at the e-mail address firstname.lastname@example.org, clearly stating their details and, where necessary, a detailed description of the problem encountered (and, if possible, sending any documentation deemed suitable for its resolution). Biesse undertakes to provide an answer to the problem within 20 (twenty) working days of receiving it.
7.2 Any communication by Biesse to the User will be made by e-mail, to the address provided by the User during registration, or by online communication on the Platform's website.
8 Duration and withdrawal
8.1 The duration of these terms and conditions is indefinite, it being understood that Users may close their account at any time.
8.2 Visitors and Users acknowledge that Biesse may withdraw from this contract at any time, including by withdrawing the Platform from the market, without any cost or charge, giving 30 (sixty) days notice on the website.
9 Express termination clause
9.1 Biesse reserves the right to terminate these terms and conditions, by simple written notice to the User, if the User should fail to comply with one or more of the obligations provided for in Article 5.
10 Applicable law and place of jurisdiction
10.1 The law applicable to the terms and conditions is Italian law..
10.2 For any dispute concerning the interpretation, execution and/or validity of these terms and conditions, the Court of Pesaro (Italy) shall have exclusive jurisdiction, including in derogation of the rules relating to territorial jurisdiction. This shall, however, be without prejudice to any mandatory provisions of the law to protect Visitors or Users who qualifies as a “consumers”.