Premises and Definitions
A) These Terms and Conditions of Use (hereinafter, for brevity, the “Terms” or the “Contract”) govern access and use by the User (as defined below) of the Services provided by the Company Breaters S.r.l., with registered office in 27100 Pavia (PV), Via Mincio 10, C.F./P.I. 02727260180, pec: [email protected], e-mail [email protected], in the person of the Legal Representative p.t. (hereinafter, for brevity, the “Provider” or “Breaters”).
B) Unless otherwise provided in these Conditions and in addition to other definitions contained in other parts of the same, the terms used with a capital letter shall have the meaning indicated below:
“Breaters Subscription” means the method of periodic provision of Services by Breaters, upon payment of the Periodic Fee by the User. The User can choose between Basic, Talk, Full, each of which will have the characteristics and will give access to the Services and features that will be analytically illustrated on the Site (as defined below) of Breaters. Each of the above subscriptions will have a plus version in which will be added specific Services and features that will be analytically illustrated on the Site (for example, the ability to use the Breaters Local Service);
“Account” means the computer environment provided by Breaters on the Site, including the possibility for the User to access the Reserved Area;
“Reserved Area” means the section of the Site accessible only through the use of Authentication Credentials, within which the User can access the Services and a series of features including, but not limited to: access to Breaters Content;
“Consultants” means the individuals through which Breaters provides certain Services to Users, including, but not limited to, the Breaters Local Service, the Individual Interview Service, the Breaters Content Service, the Online Sharing Dating Service, the Live Chat Service, the Live Question and Answer Service;
“Content” means any and / or any information, data and / or data, photograph, image, video, message, music, sound, or other material, including content uploaded, posted or in any way transmitted by other Users (“User Content”) or by Breaters, directly or through the Consultants (“Breaters Content”);
“Periodic Fees” means the monthly fee payable by you to Breaters for the use of the Services;
“Authentication Credentials” means the username and password through which the User can access the Reserved Area;
“Data” means any information relating to the User, such as, by way of example, first name, last name, information and data of Facebook Profile (for example: first name, last name, profile photo) etc.;
“Rights” means any and all rights deriving from a patent, trademark, utility model, design, know-how, copyright or other industrial and/or intellectual property right, including the right to one’s name, personal image and confidentiality of one’s personal data, honour, reputation, decorum and commercial reputation;
“Parties” means Breaters and the User;
“Facebook Profile” means the Data associated with an account registered in your name within the social network managed by Facebook Inc;
“Registration” means the computerized procedure through which the User, as part of an automatic and guided procedure, is enabled to use the Services offered by Breaters. For the success of the Registration, the User will be asked to provide some Data;
“Services” means the features that Breaters offers to Users, including the following: i) Breaters Local Service; ii) Chatbot Service; iii) Individual Interview Service; iv) Breaters Content Service; v) Online Sharing Dating Service; vi) Live Chat Service; vii) Live Question and Answer Service; viii) Food Plan Service. Users are informed that the actual ability to use the Services depends on the Breaters Subscription chosen (Basic, Talk, Full); for this purpose, you will find on the home page of the Site a tab containing all the Services included for each Breaters Subscription;
“Third Party Services” means all suppliers outside Breaters that offer features and / or products necessary for the performance of the Services by Breaters, such as, for example, Facebook, Google Meet, etc.;
“Local Breaters Service” means the Service offered by Breaters through which the User is able to participate in a physical meeting where there will be other Users and at least one Consultant;
“Chatbot Service” means the instant messaging service offered by Breaters on the Facebook page called “Giorgio Breaters” or any other page directly or indirectly referable to Breaters. The aforementioned chatbot was created by the company ManyChat and is, therefore, subject to the terms and conditions applicable to it; users are therefore invited to consult the relevant website https://manychat.com/ and the terms and conditions page https://manychat.com/tos.html);
“Individual Interview Service” means the Service offered by Breaters through which the User, after booking through the chatbot menu and / or the Site, can take advantage of an interview session with one of the Consultants. Users are informed that these sessions will take place on Google Meet. Users are informed that the booking service has been carried out by the company Calendly and is, therefore, subject to the terms and conditions applicable to it; Users are therefore invited to consult the relevant website https://calendly.com/ and the terms and conditions page https://calendly.com/pages/terms;
“Breaters Content Service” means the Service offered by Breaters through which the User can consult the Breaters Content;
“Online Sharing Dating Service” means the service offered by Breaters through which you can participate in a video meeting with other users and at least one consultant through the Google Meet service. Users are informed that the booking service has been made by the company Calendly and is, therefore, subject to the terms and conditions applicable to it; therefore, Users are invited to consult the relevant website https://calendly.com/ and the terms and conditions page https://calendly.com/pages/terms. Users are informed that the Google Meet service has been created by Google and is therefore subject to the terms and conditions applicable to it; Users are therefore invited to consult the relevant website https://meet.google.com/ and the terms and conditions page https://policies.google.com/terms?hl=it&gl=ZZ;
“Live Chat Service” means the Service offered by Breaters through which, if you take an action that does not produce an automatic response from the Chatbot Service, a Consultant will intervene and continue the conversation with you. Users are advised that the conversation will take place on the same chat room as the Chatbot Service provided by ManyChat and is therefore subject to the terms and conditions applicable to the Chatbot Service; therefore, Users should consult the relevant website https://manychat.com/ and the terms and conditions page https://manychat.com/tos.html);
“Live Question and Answer Service” means the “live” functionality made available by Facebook, through which Users can interact with the Consultant who is registering its direct and publishes it on the Facebook group “Breaters Community” or any other group directly or indirectly related to Breaters. Users are informed that the interaction will take place by writing messages that will appear in the “comments” section of the video and through the use of other features made available by Facebook. Users are informed that the above service has been created by Facebook and is, therefore, subject to the terms and conditions applicable to it; therefore, Users are invited to consult the relevant website https://www.facebook.com/ and the terms and conditions page https://www.facebook.com/policies?ref=pf;
“Food Plan Service” means the Service offered by Breaters, through which the User will receive feedback from a consultant on their food plan. To this end it is specified that: (i) the activity of the Consultant does not consist in the prescription of a diet or the preparation of a personalized food plan; (ii) without prejudice to the provisions of point (i) above, the Consultant who will perform the activity will be a nutritionist;
“Site” means the website, owned by Breaters, available at https://www.breaters.com and in respect of which Breaters holds all the rights specified in art. 64-bis et seq. of Law No. 633 of April 22, 1941 and subsequent amendments;
“User” means the natural person of legal age who intends to use the Services.
C) Users are informed that Breaters makes available to them the Services, made through the use of Third Party Services, better specified in the definitions of individual Services (for example ManyChat, Calendly, Facebook, Google Meet etc.) and with the help of a series of Consultants. Users are informed that the following Services: Breaters Local Service, Chatbot Service, Breaters Content Service, Online Sharing Dating Service, Live Chat Service, Live Question and Answer Service, Food Plan Service are in no way comparable to medical, health, psychological and/or psychotherapeutic treatment. Therefore, Users are invited to consult a doctor in the presence of any and all symptoms, pathologies, illnesses. Users are informed, in fact, that the Breaters Services aim exclusively to provide a support activity aimed at the acquisition of a greater awareness in recognizing and accepting the emotions related to food and to create a community of people interested in this issue. Breaters, therefore, does not provide any guarantee regarding the results resulting from the use of the Services and informs Users that it is expressly excluded any other purpose than the one mentioned above.
D) Without prejudice to the provisions of letter. C) above, we also inform Users that with regard to the Individual Interview Service Breaters is limited exclusively to provide, including through Third Party Services (eg Calendly), the telematic infrastructure suitable to allow interactions between Consultant and User, therefore, the Breaters Subscription covers only and exclusively the service of making available the aforementioned telematic infrastructure. It is specified, therefore, that: (i) Breaters has no control over the activities provided by the Consultant; (ii) Breaters does not receive any compensation resulting from the execution of the Individual Consulting Service; (iii) Breaters remains completely unrelated to the relationship between Consultant and User.
Art. 1 – Introduction and Definitions
1.1 The Forewords and Definitions form an integral and essential part of these Terms.
1.2 Definitions in these Terms have the same meaning if used in the plural and vice versa.
Art. 2 – Modification of the Conditions
2.1 The Supplier reserves the right to update and modify these Terms and Conditions at any time, at its discretion and, in any case, if updates and modifications are necessary in order to respond to legislative or regulatory changes affecting the provision of the Services, changes in the terms and conditions of the Third Party Services used (for example ManyChat, Calendly, Facebook, Google Meet, etc.) or in order to introduce additional security measures relating to the Services.
2.2 The Supplier undertakes to make the updated version of the Conditions available on the Site. The updates and changes referred to in art. 2.1 will be communicated to Users by means of telematic tools (e.g. e-mail and/or pop-up alert).
2.3 It is expressly understood that, in any case, the updates and changes referred to in art. 2.1 shall be deemed to be tacitly accepted by the User unless the User sends, within the following 15 (fifteen) days, a written communication to the Provider, according to the procedures set forth in art. 14.6 below, containing the expression of the User’s willingness not to accept the updates and changes in question and to withdraw from the existing contractual relationship between the Parties.
2.4 The Parties agree that these Conditions will automatically apply also in case of any new updates, versions, patches, releases of the Site, unless such changes are accompanied by new versions of these Conditions. In the latter case, without prejudice to Articles 2.1, 2.2 and 2.3 above, the new versions of the Conditions shall prevail over the previous ones.
Art. 3 – Object of the Contract. Registration Procedure
3.1 Provider provides the User with access to the Services subject to the conditions and limits set out in these Terms.
3.2 In order to access and use the Site, as well as to use the Services, the User is required to access the Internet, equipping himself/herself with all the tools that allow access, being therefore required to bear – on an exclusive basis – all the fees and/or costs associated with such access, including those relating to the Internet connection.
3.3 In particular, for the purposes of access to the Services, the User undertakes to
a) access the Site;
b) create his/her Account by entering the Data requested by the Provider, guaranteeing its updating, completeness and truthfulness;
c) if the User does not already have an active account, create an account for the Third Party Services used by the Supplier (for example Facebook, Google Meet, etc.), by entering the Data requested by the aforementioned Third Party Services, guaranteeing their updating, completeness and truthfulness;
d) promptly and constantly update its Data so that it is always current, complete and truthful;
e) use only the Account generated at the end of the Registration procedure and, therefore, do not create further Accounts or use Third Party Accounts;
f) use only the accounts of Third Party Services attributable to him/her.
3.4 The Supplier, although not legally bound to any obligation and/or control burden, reserves the right to verify and check periodically the accuracy of the Users’ Data and, in case of proven irregularities and/or inaccuracies, also reserves the right to terminate this Agreement without notice and, consequently, to disable the access of such Users. Users declare to be of legal age and, in this regard, Breaters reserves the right to verify the possession of the above requirement. In case of negative outcome of the verification, Breaters reserves the right to terminate this Agreement.
3.5 The Parties acknowledge and agree that at the end of the Registration process you will receive an email containing a link confirming your identity and that the effects of this Agreement will take effect from the moment you confirm your identity by clicking on the above link.
Art. 4 – User Obligations and Guarantees
4.1 The User undertakes to diligently keep the Authentication Credentials and/or the authentication credentials of Third Party Services (for example Facebook, Google Meet, etc.), which constitute confidential data for which the User is solely and exclusively responsible, also with regard to the activities carried out through their use.
4.2 The User, therefore, undertakes to:
(a) perform the automatic procedure available in the appropriate section of the Website for the restoration of Authentication Credentials;
(b) send to the Supplier suitable written communication in any case in which he has reasonable evidence that unauthorized third parties have come into possession and/or are abusively using his Authentication Credentials and/or the authentication credentials of the Third Party Services used (for example Facebook, Google Meet, etc.).
4.3 The User is expressly forbidden to transfer, for any reason, to third parties, the Authentication Credentials and/or the authentication credentials of the Third Party Services used (for example Facebook, Google Meet, etc.) or to allow, in any way, third parties to access the Site and/or the Services, assuming, exclusively, any and all consequent responsibility.
4.4 It is understood that the Supplier cannot, in any way, be held responsible for any harmful or prejudicial consequences arising:
(a) from the incorrect use, loss, theft and/or compromise of the confidentiality of the Authentication Credentials and/or authentication credentials of the Third Party Services used (for example Facebook, Google Meet, etc.);
(b) the failure by the User to send the communication provided for in art. 4.2, letter b);
(c) the violation of the obligations set forth in art. 4.3 above;
(d) unauthorized modifications and/or updates of the Data;
(e) unauthorized interactions with other Users and/or Consultants;
(f) the withdrawal from this Contract by third parties and not by the User (e.g. through abusive access to the Site).
4.5 The User undertakes to access the Site and/or the Services in full compliance with these Conditions and those of the Third Party Services used (for example Facebook, Google Meet, etc.) and the laws in force at the time of actual use and, in any case, undertakes not to use the same for any purpose contrary to those permitted by the Provider, including, by way of example:
a) the upload and/or publication and/or transmission and/or dissemination, in any way or form, in whole or in part, through the Site and/or the Services, of illegal, illegal or prohibited Content, or Content associated with any type of illegal, illegal or prohibited content, as well as messages and/or materials that use obscene, blasphemous, pornographic language, racist or, in any case, defamatory for other Users, Consultants and/or other subjects, natural or legal persons, as well as Contents that violate the rights of third parties (including rights to image, name, decorum, honour and reputation, including commercial rights), of which he is not the legitimate owner or with respect to which he has not obtained the prescribed authorisations;
b) the uploading and/or publication and/or transmission and/or dissemination, in any way or form, in whole or in part, through the Site and/or the Services, of Contents, or Contents associated with any type of content and/or material preordained to the commission of illegal activities, including, by way of example only, incitement to violence and/or the commission of crimes of any kind;
c) the transmission of viruses and/or other IT tools that may compromise the integrity and/or security of IT equipment (so-called malware, Trojan horses, etc.);
d) the use of the Services to carry out activities that are not permitted by current regulations and, in particular, by current legislation on the protection of personal data and/or the terms and conditions of Third Party Services used (for example, Facebook, Google Meet, etc.);
e) the reporting and dissemination of links to websites where one of the above mentioned prohibited activities is carried out.
4.6 You also agree to access the premises where the meetings relating to the Breaters Local Service will be held in accordance with the rules provided by the latter.
4. 7 The User, without prejudice to any mandatory rights that may be recognized by current legislation on the protection of personal data, grants the Provider a free, non-exclusive and perpetual license to use on its Site, its pages, groups and social profiles, as well as in promotional and / or advertising campaigns of the Provider in newspapers, television, radio, internet and / or any other communication channel, having as its object and / or purpose to promote the Provider, the Services and / or new services and / or products: a) the following Data: name, surname, photo Facebook Profile; b) feedback and feedback on the Provider and / or Services.
Art. 5 – Fees, Invoicing and Payments
5.1 You are expressly informed that Registration to Breaters is free and includes a period of free use (“Free Trial”) of all or part of the Services, depending on the Breaters Subscription you choose.
5.2 At the end of the Free Trial period, the User will be invited, through an automatic procedure on the Site, to create their Authentication Credentials that will be used to access the Reserved Area, as well as to provide payment information. The Provider informs the User that the payment of the Periodic Fee for the Breaters Subscription chosen by the latter will be made by means of an automatic monthly charge through the Stripe payment service (website https://stripe.com/it, privacy and terms of service https://stripe.com/it/privacy), so we invite the User to consult the relevant terms and conditions.
5.3 It is understood between the Parties that, with reference to even a single Periodic Fee, in the event of non-payment or lack of funds at the means of payment chosen by the User, the provisions of articles 11, 12 shall apply, at the choice of the Supplier.
Art. 6 – Licence of use
6.1 Subject to compliance with these Conditions, Provider grants the User a personal, non-exclusive, non-transferable, non-exclusive licence, limited to the duration of this Agreement, to use the Site and its functionalities, as well as the Services. The aforesaid license is intended to be issued free of charge for the Free Trial period and, subsequently, for a fee.
6.2 Without prejudice to what is specified in art. 6.1 above, the Supplier reserves all rights and rights not expressly granted with this license. By way of example, therefore, the User may not, either directly or indirectly, engage in the following conduct: a) distribute, license, sublicense, rent, lease, sell or transfer, in whole or in part; b) reverse engineer, decompile, disassemble or attempt to discover, in whole or in part, the source code; c) modify, alter or create derivative works, in whole or in part; d) remove, alter or obscure copyright, trademark or other intellectual or industrial property rights notices; e) use third party software to modify, in whole or in part; f) redirect, intercept or emulate any communication protocol used by Supplier by any means, such as, but not limited to, protocol emulation, reverse engineering, packet sniffing, or modifying or adding components; g) create, use or maintain unauthorized links; h) distribute or provide to third parties, publish on websites, and/or perform or publicly display, in whole or in part.
Art. 7 – Intellectual Property
You acknowledge that all rights on the Site, its features and Content of Breaters, together with those relating to graphics and interfaces, the Services, the Facebook page “Giorgio Breaters” and Facebook group “Breaters” and any other page or group directly or indirectly attributable to Breaters, including trademarks and unregistered trademarks, as well as the Rights to any distinctive sign, are the exclusive property of the Provider. The User, therefore, expressly agrees not to reproduce, modify, alter, remove, move, assign, license or distribute them to third parties, in whole or in part, in any way or form.
Art. 8 – Exclusion of Warranty, Exclusions and Limitations of Liability
8.1 In addition to the provisions of letters C) and D) of the Introduction to these Conditions, which are transcribed and reported herein, the following is specified.
8.2 The User accepts, acknowledges and agrees that:
the Provider does not guarantee that the Site and/or the Services will be available 24 hours a day, without interruptions and/or errors of any kind;
access to the Site and/or the Services may be limited and/or prevented by the Provider due to needs related to the maintenance and/or adaptation of computer systems and infrastructures and/or for security reasons.
8.3 Without prejudice to the application of any mandatory rules of law, the Supplier does not guarantee that the Site and/or Services meet the User’s needs and, in particular, does not assume any obligation of result in relation to the use of the Services by the User.
8.4 Without prejudice to the application of any mandatory rules of law, the Supplier is not liable for any and/or any prejudice suffered by the User as a result of the use of the Services or in any case deriving from it. In particular, the User is expressly informed and acknowledges and agrees that the Provider is and will be completely extraneous to any and all relationships and/or disputes that may arise between Users or between Users and Consultants, as a result of the use of the Site and/or the Services, with the exclusion, therefore, of any and all liability in this regard.
8.5 Consequently, taking into account the provisions of articles 8.1, 8.2, 8.3 and 8.4 and without prejudice to the application of any mandatory rules of law, any and all rights to reimbursement, compensation and / or damages, direct and indirect, financial and non-financial, potential, current, future, punitive, to persons and / or property, connected or in any way arising from the use of the Site and / or Services, is excluded.
8.6 The Supplier’s liability is also excluded from the outset and inexorably excluded for malfunctions or errors attributable to unforeseeable circumstances, force majeure or any other cause beyond the Supplier’s control (by way of example, the following are indicated: a) interruptions, malfunctions, limitations relating to access and/or use of Third Party Services used by the Supplier, such as Facebook, ManyChat, Calendly, Google Meet, etc.. b) changes, interventions and/or maintenance to the Site that are necessary for security reasons or to ensure better functionality of the Site and/or Services; c) changes, interventions and/or maintenance to Third Party Services used by the Supplier, such as Facebook, ManyChat, Calendly, Google Meet, etc.; d) violation of the obligations and guarantees referred to in art. 4; e) execution of the Individual Interview Service.
8.7 The provisions of this article also remain applicable, mutatis mutandis, to the cases referred to in articles 10, 11 and 12.
Art. 9 – Indemnity
The User – without prejudice to the right of the Provider to claim compensation for any damage caused to the User – represents and warrants to indemnify and hold harmless the Provider, as well as persons connected to it or controlled by it, its representatives, employees, Consultants, and any of its partners, from any and all liability, harassment, disturbance, claim or action, initiated or threatened, by third parties and/or other Users and/or Consultants, connected or in any way arising from the use of the Site and/or Services by the User in violation of these Conditions, including the possible violation of third party rights, and in particular in case of violation of the obligations arising from or in any way connected with articles. 3, 4, 6 e 7. The Parties, therefore, agree that this indemnity clause shall cover any and all costs, expenses, charges (including expenses and fees for lawyers, consultants, experts, etc.) arising out of or in any way connected with the aforementioned circumstances.
Art. 10 – Duration and Withdrawal
10.1 The contractual relationship between the Parties shall be of indefinite duration. As also specified in Article 5.2, at the end of the Free Trial period, the Breaters Subscription chosen by the User will have a monthly duration, with automatic renewal from month to month.
10.2 The Parties declare and agree that the User may terminate at any time from this Contract and without specifying the reasons; to this end, the User may use the automatic deactivation procedure of the Breaters Subscription chosen within the Reserved Area. It is understood between the Parties that, in case of exercise of the right of withdrawal by the User, the following conditions will apply: a) the Supplier will block the automatic debit relating to the payment of the Periodic Fees due by the User from the expiry date following that of receipt of the withdrawal notice; b) the User’s right to any and all forms of reimbursement, compensation and / or damages related to the Periodic Fees and / or Fees paid is excluded; c) the Provider shall, as soon as possible and, in any case, no later than 30 (thirty) days after receipt of the withdrawal notice, delete from its servers and/or databases the User’s Account and any Data associated with the User, with the exception of Data stored on servers and/or databases outside the control of the Provider (Facebook, ManyChat, Calendly, Google Meet, etc.). ) and the Data indicated in Article 4.7 above, as well as Data whose retention is mandatory by law or to protect the rights of Breaters in court.
Art. 11 – Suspension of the use of the Site and/or Services
11.1 The Provider, also pursuant to art. 1460 of the Italian Civil Code, reserves the right to suspend, in whole or in part, even without notice, the User’s access to the Site and/or Services in the following cases:
a) there are well-founded reasons to believe that the Site and/or Services are used by unauthorized third parties;
b) modifications, interventions and/or maintenance to the Site that prove necessary for security reasons or to ensure better functionality of the Site and/or Services;
c) modifications, interventions and/or maintenance to Third Party Services used by the Supplier, such as, for example, Facebook, ManyChat, Calendly, Google Meet, etc.;
d) the User is involved, for any reason, in any judicial or extra-judicial dispute of a civil, criminal or administrative nature and in any case in the event that such dispute arises or is in any way connected with the use of the Site and/or Services;
e) disputes and/or requests of any kind from the competent authorities, other Users, Consultants or third parties, connected or in any way arising from the use of the Site and/or Services;
f) there are reasonable grounds to believe that the User has violated any of the obligations provided for in Articles 3, 4, 5.3, 6 and 7.
11.2 In any case of suspension of the use of the Site and/or Services attributable to the User is without prejudice to the right of the Provider to claim compensation for any damage caused.
Art. 12 – Express termination clause
Without prejudice to the provisions of Articles. 9 and 11, as well as the right of Breaters to seek compensation for any damages suffered, in the event that the User is in breach of even one of the obligations arising from Articles. 3, 4, 5.3, 6 and 7, Breaters may terminate the Contract between the Parties in the manner and with the effects specified in Article 1456 Civil Code.
Art. 13 – Privacy and processing of personal data
Art. 14 – Miscellaneous
14.1 This Agreement contains in its entirety the agreements made between the Parties and cancels and replaces any previous agreements made on the same object. Any agreement added or derogating from what is contained herein must be formulated in writing by the Parties and signed by them.
14.2 Any invalidity or ineffectiveness, according to the Italian legal system, of any of the provisions contained in this Contract shall not render null and void or compromise the validity or effectiveness of the remaining contractual provisions with respect to each of the Parties.
14.3 This Contract does not create corporate or associative ties between the Parties and does not imply any relationship of representation between them, so neither Party shall have the right to act in the name and on behalf of the other Party.
14.4 You may not assign this Agreement, in whole or in part, or any of the rights deriving from it, without the prior written consent of Provider. Any assignment without the prior written consent of Provider shall be null and void.
14.5 Supplier’s failure to exercise its rights and remedies under these Terms shall not constitute a waiver thereof and shall be deemed to be a waiver of such rights and remedies.
14.6 Unless expressly provided otherwise in this Contract, any notice required or permitted by the provisions of the Contract shall be sent, until further notice or otherwise in writing, in the following manner:
Breaters: by registered letter with acknowledgement of receipt or by PEC or email, to the addresses indicated in the epigraph;
User: by email, at the address indicated in the Registration.
It is understood between the Parties that the communications will take effect upon receipt.
Each Party shall promptly notify the other of any change in the addresses and/or addresses to which the communications shall be sent, it being understood that, in case of failure to rectify, the communications sent to the aforementioned addresses and/or addresses shall be fully valid and effective.
Unless expressly provided otherwise, the terms indicated in this Contract refer to calendar and non-working days and is, therefore, expressly excluded any extension and / or any extension in case of expiry of the terms on public holidays.
Art. 15 – Survival
Without prejudice to the effectiveness of any provisions which have effect, in whole or in part, exclusively in the event of termination or cessation, for whatever reason, of the effects of this Contract, it is also expressly understood between the Parties that the termination or cessation, for whatever reason, of the effects of this Contract shall have no effect on the provisions contained in articles 4, 6, 7, 8, 9, 13, 14 and 16.
Art. 16 – Applicable Law and Jurisdiction
16.1 Unless otherwise expressly and in mandatory legal provisions, this contractual relationship is governed by Italian law and, in particular, by Legislative Decree no. 206 of 6 September 2005 on distance contracts with consumers. Therefore, in compliance with the provisions of art. 66-bis of Legislative Decree no. 206/2005, for any dispute relating to the validity, existence, interpretation, application, execution and/or termination of one or more clauses of this Contract, or in any way deriving from it, the Judge of the place where the consumer has his residence or domicile shall have jurisdiction.
16.2 Users are informed that any dispute relating to the validity, existence, interpretation, application, execution and/or termination of one or more clauses of this Contract, or in any way deriving from it in any way, is subject, within the limits of the amount provided for by the law in force (Decree Law no. 132 of September 12, 2014, coordinated with the conversion law no. 162 of November 10, 2014), to the assisted negotiation procedure, as a condition for the prosecution of any legal action (for further information, please consult the text of the law on the website http://www.normattiva.it).
16.3 Users are also informed that for any dispute relating to the validity, existence, interpretation, application, execution and/or termination of one or more clauses of this Contract, or in any way deriving from it in any way, it is possible to optionally resort to the mediation procedures set forth in Legislative Decree no. 28/2010.
16.4 Pursuant to and for the purposes of art. 14 of EU Regulation no. 524/2013, we finally report the link for access to the ODR (Online Dispute Resolution) platform of the EU https://webgate.ec.europa.eu/odr/main/?event=main.home.show which will be usable by Users who are consumers, in accordance with the provisions of Legislative Decree no. 206/2005.
Art. 17 – Pre-contractual information
17.1 Pursuant to Article 49 D. Legislative Decree no. 206 of 6 September 2005, the following information is provided:
Breaters S.r.l., with registered office in 27100 Pavia (PV), Via Mincio 10, Italy. C.F./P.I. 02727260180, pec: [email protected], telephone number +39 0382422938.
17.2 You are invited to view on the Site: a) before the conclusion of the Contract, information on the characteristics and content of the Breaters Subscription to which you want to join, as well as the Periodic Fee; b) at the end of the Free Trial period, the payment methods provided.
Pursuant to and for the purposes of Articles. 33 et seq. of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) the User expressly approves, after careful consideration, the contents of the following clauses: art. 2 amendment of the Conditions; art. 3. 4 withdrawal of the Supplier in case of irregularities and/or inaccuracies of the Data; art. 4.3 prohibition to transfer the Authentication Credentials and/or the authentication credentials of the Third Party Services used to third parties; art. 4.4 exclusion of the Supplier’s liability; art. 4.5 limits to the use of the Site and/or the Services; art. 4. 7 content and conditions of the license granted by the User in favour of the Provider; art. 5.2 automatic charging of the Periodic Fee; art. 6 license to use; art. 7 intellectual property; art. 8 exclusion of warranty, exclusions and limitations of liability; art. 9 – indemnity; art. 10. 1 automatic renewal Subscription Breaters; art. 10.2 conditions applicable to the termination of the User; art. 11 suspension of use of the Site and / or Services; art. 12 express termination clause; art. 14.4 prohibition of transfer of the Contract by the User; art. 14.5 tolerance clause; art. 15 survival.