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 Services 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 Digital Arena website that allows Users and Visitors to use the Services, but not to upload content;
“Services”: the services covered by this contract that can be used through the Platform described in the following Article 2.2;
“Trailer”: short video introducing the Webinar also visible to Visitors;
“User”: a person who has registered online on the Platform by filling in the appropriate registration form;
“Visitor”: a person who has not registered and can only view the Trailer;
2. Scope and Services
2.1 This document contains the terms and conditions of use of the Platform and the various procedures for using the Services by Visitors and Users.
2.2 Users can use the following Services:
i) view, through the Platform, recorded Webinars ( recorded information and/or training sessions, created by or on behalf of Biesse, concerning the wood, advanced materials, glass or stone industry);
ii) register for both physical and digital events, such as:
a. Visit to the Wood & Advanced Materials and Glass & Stone
Showrooms at the Biesse headquarters in Pesaro, to learn more about the
latest technological trends and the latest solutions launched on the market
for the processing of wood, advanced materials, glass and stone, test
machines, software and digital services for manufacturing companies and
participate in technical demonstrations tailored to their interests
b. Participation in live Tech Shows, in which industry experts speak about technological innovation, with new products and processes;
c. Participation in training Webinars, discussions and live demonstrations on the latest industry developments (which can also be reviewed later on demand on the Platform by registered users), where it is possible to interact and ask experts questions in real time.
2.3 Visitors can only view the Trailers.
3 Registration on the Digital Arena
3.2 The User undertakes to keep these Credentials in a safe and secure place and not to share them with third parties.
3.3 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.
3.4 In order to Visit the Showrooms, it is necessary to provide additional personal data in order for us to offer a personalised service based on Users' interests.
3.5 To register, you must be an adult.
4 Use of Credentials by Users
4.1 After registering, Users must authenticate themselves by entering the above Credentials in the appropriate box on the Platform.
4.2 Credentials are personal and may not be transferred. Users are required to keep them with the utmost care and to keep them confidential in order to prevent their use by unauthorised third parties..
4.3 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.
4.4 For security reasons, it is recommended that users periodically change their password.
4.5 Users acknowledge that Biesse reserves the right to request a change of password if it deems such an operation necessary.
4.6 In the event of theft or loss of Credentials, Users will be able to recover their password by following the procedures indicated on the account management page.
4.7 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.
5 Service availability
5.1 With regard to the Services indicated in Article 2.2(ii)(a), Users acknowledge and accept that:
- the terms and conditions of participation in the visit will be communicated at a later date and may be subject to change by Biesse, without this constituting grounds for liability or any claim against Biesse;
- Biesse reserves the right to suspend entrance to the event due to organisational requirements.
5.2 Users acknowledge and accept that Showroom Visits and participation in Tech Shows are for a limited number of participants and that once this number has been reached (up to a maximum of 15 companies/45 Users per day for the Wood & Advanced Materials Showroom visit, 5 companies/15 Users per day for the Glass & Stone Showroom visit; 3000 Users for the Tech Show) no further registrations will be possible.
5.3 Visitors and User acknowledge and accept that the use of the Platform and therefore the enjoyment of Digital Services 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; exceptional events, force majeure or unforeseeable circumstances - without this entailing any liability on Biesse’s part, nor that Visitors or Users are owed anything for any reason whatsoever.
5.4 Visitors and Users acknowledge that Digital Services may be suspended - including without prior notice, if necessary - in order to guarantee both corrective maintenance interventions aimed at remedying faults, defects, malfunctions in one or more elements of the infrastructure or at correcting Platform errors (e.g. bugs), and evolutionary maintenance interventions aimed at improving its operation and usability, adding new functions and features, adapting it to regulatory changes and the reference context (update), as well as in the event of emergencies or security threats.
5.5 Biesse will in any case take care to restore the functionality of the Platform in the shortest possible time, in order to minimise the risk of inconvenience of any kind, without this entailing any liability on its own part, nor that Visitors or Users are owed anything for any reason whatsoever.
Visitors and Users also acknowledge that the Platform and Services, except for what is mandatory by law, are provided by Biesse and accepted by Visitors and Users in their current state ("as is" and "as available") and that their use is at their own exclusive risk. Biesse offers no guarantee that the Platform and Services are convenient, secure or error-free; nor does it offer any guarantee as to the results that are expected, hoped for or obtained through the use of the same.
6 Visitor and User rights and obligations
6.1 Biesse gives Visitors the possibility of viewing the Trailers and Users the possibility of also viewing Webinars, Tech Shows and the material disseminated via the same, without being able to upload content.
6.1.1 Visitors and Users undertake to use the Services 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.
6.1.2 Visitors and Users acknowledge that in particular it is prohibited to:
i) record, reuse, disseminate, modify, transform, translate, copy, reproduce, distribute the contents made available by Biesse on the Platform (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, Tech Shows or 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.
6.1.3 The User undertakes to promptly notify Biesse if he/she becomes aware of unauthorised access to the Platform.
6.1.4 With regard to the Services indicated in Article 2.2(ii)(a), Users acknowledge that, in participating in the visit, it is forbidden to:
- make video/photo/audio recordings during visits without Biesse's authorisation;
- violate the intellectual and industrial property rights of Biesse and/or third parties (by way of example, by copying/reproducing goods, services, projects and everything that is on display);
- cause disturbance, in any form whatsoever (for example, making direct sales of one's own goods, carrying out political propaganda, introducing animals, behaving immorally, etc.), to the normal execution of the event;
- assign, free of charge and/or for a fee, registration for the event.
7 Visitor and User warranties and liability and limitations of liability of Biesse
7.1 Visitors and Users acknowledge that the Platform, Trailers, Tech Shows and Webinars and the materials disseminated via the same or during visits are the property of Biesse or their respective owners, contain confidential information and are protected by applicable laws.
7.2 In case of breach of the provisions of the foregoing Articles 6.1.1 and 6.1.2, 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.
It is understood that in this case, as well as in the event of a violation of 3.3 above or where there are reasonable grounds to believe that the User is a competitor of Biesse or that the 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 to claim compensation for damages suffered.
7.3 Users acknowledge that, in case of violation of the provisions of Article 6.1.4 above, as well as any applicable regulatory provisions, Biesse shall also be entitled to remove the same from the place where the event is being held.
7.4 Biesse does not accept any liability, to the fullest extent permitted by law and with the sole exclusion of cases attributable to its wilful intent or gross negligence, for any and all direct or indirect damage incurred by Users and Visitors as a result of or in connection with access to or use of the Platform or use of the Services, including damage to people and/or property that Users might incur while participating in events pursuant to Article 2.2(ii)(a). It is understood that Biesse is not under any obligation of vigilance and/or custody and that Users are in any case fully liable for any damage to people and/or property caused by the same.
8.1 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.
8.2 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.
9 Duration and withdrawal
9.1 The duration of these terms and conditions is indefinite, it being understood that Users may close their account at any time.
9.2 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 60 (sixty) days notice on the website.
10 Express termination clause
10.1 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 6.
11 Applicable law and place of jurisdiction
11.1 The law applicable to the terms and conditions is Italian law..
11.2 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”.