Conditions of use

Terms and Conditions for Portal Users

 

This page describes how the Websites owned by NextOnWeb S.L.U. (www.arkitectureonweb.com hereinafter "Portal") are managed.

NextOnWeb S.L.U.-Avda.deLaFeria,num.1(INFECAR)-EdificioIncube.Oficinas4y5-35012-Las Palmas de Gran Canaria. GranCanaria. NIF/TAX#/P.IVA-ESB76277482 (hereinafter referred to simply as "NOW")

NOW encourages you to review the Privacy Policyand Cookie Policy,to understand how we collect and process personal data through the Services provided via the Portals.

Elearningonweb, Timberonweb, Renovationonweb, Designonweb, respectively, are the brand names of the portal www.arkitectureonweb.it.

NOW provides its Services under the following terms and conditions (hereinafter referred to as the "Conditions") provided through the Portal.

The use of the Portal implies acceptance of these Conditions and those applicable from time to time in connection with the activation or use of the specific NOW Services (hereinafter referred to as Services).

Please read these Conditions carefully and consult them whenever you have any doubts. If the content is unclear, you can contact us at the address indicated in the Contact Us section. We will try to reply as soon as possible.

 

I CONDITIONS OF USE OF THE WEBSITE SERVICES

1. Electronic Communications

1.1. When the User uses the NOW Services or sends e-mails and other communications from an electronic device, the User communicates with NOW electronically. NOW may communicate with the User in various ways, such as through email, text messages (SMS), notifications on the devices through the browser or by posting messages and communications on the Portals or through other NOW Services, such as the Private Area. Without prejudice to specific mandatory legal provisions, for the purposes of these Conditions, the User accepts that all contracts, notifications, disclosures and other communications provided in electronic form meet the requirement of the written form when required by law.

2. Registration of the Users

2.1. The use of certain Services is subject to the completion of the registration phase on the Portals. At the end of this registration, the User will have a personal username and password that can be used exclusively by the registered User, under their own responsibility. Registration takes place in full compliance with the applicable data protection regulations of the European Union.

2.2. Upon registration, the User undertakes to:

2.2.1. provide the personal information requested during the registration process and ensure that it is up-to-date, complete and true;

2.2.2. promptly and constantly update the registration data so that they are always current, complete and accurate.

2.3. In the event that the User enters data that is incorrect, not up-to-date or incomplete, NOW is entitled to interrupt the Services, preventing any subsequent use of the Service by the User.

2.4. Unsubscribing is equivalent to the User's withdrawal from the NOW Service. To unsubscribe, you can use the features available in your Private Area or by writing to the address below (Article 12).

3. User Content

3.1. The User is obliged to comply with these Conditions regarding any information, data, material or element entered, transmitted, disseminated or otherwise communicated through the Services. In particular, the User undertakes to comply with the obligations and guarantees provided for in Article 4 of the Conditions. Pursuant to Article 17 of Legislative Decree No. 70 of 9 April 2003, NOW is obliged to

3.1.1. to inform the judicial or administrative authorities with supervisory duties without delay, if they become aware of alleged illegal activities or information concerning one of its recipients of the Information Society Services;

3.1.2. provide without delay, at the request of the competent authorities, information in their possession allowing the identification of the recipient of their Services with whom they have storage agreements, in order to identify and prevent illegal activities.

4. Obligations and guarantees given by the User

4.1. The User is obliged to comply with the content of these Conditions and any other mandatory rule indicated by Italian law and international conventions. More specifically, the User undertakes not to violate the rights of NOW and third parties, Users or not. It is specifically prohibited to:

4.1.1. enter, transmit, disseminate or otherwise communicate through the Services and/or in the Services content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, invasive of another person's privacy, racist, classist or otherwise reprehensible in the sole discretion of NOW;

4.1.2. through and/or in the Services, infringe the intellectual and/or industrial property rights of others, including through facilitating the use of material protected by copyright or industrial property rights;

4.1.3. collect the personal data of third parties without the authorisation of the holders of the rights;

4.1.4. use the Services for advertising purposes and to transmit unauthorised and/or unsolicited commercial communications

4.1.5. falsify their identity by providing false information to NOW;

4.1.6. use the Services made available by NOW for the purpose of prosecuting third parties.

4.2. The User also undertakes not to use for any purpose or for commercial purposes the materials on the Website posted, transmitted, disseminated or otherwise communicated by NOW and/or other Users. More specifically, the User undertakes not to publish them by whatever means, retransmit them, distribute them, publicise them, record them, broadcast them in any way.

4.3. When using the NOW Services, the User guarantees and certifies that the contents entered, transmitted, disseminated or in any case communicated in the spaces made available on the Portal belong to him/her or, in any case, do not infringe the intellectual and/or industrial property rights of anyone. More specifically, the User guarantees that the aforementioned contents do not violate any of the rights of NOW or third parties and notably do not violate the copyrights and related rights, distinctive brands, patents and industrial secrets of third parties and undertakes to provide prompt clarification in the event of requests made by NOW.

4.4. The User undertakes not to use the personal data available on the Portal and in the Services to carry out spamming or to create databases of any kind.

4.5. The User undertakes not to access the Portal or its Services using any other means than the normal connection.

4.6. The User guarantees to undertake to communicate to NOW any infringements by third parties that may come to their attention during the use of the Services.

5. Removal of Materials Posted, Transmitted, Communicated and/or Disseminated by the User

5.1. NOW reserves the right to remove at any time and without notice any information, data, material or element entered, transmitted, disclosed or otherwise communicated through the Services and/or in the Services by the User upon the notification of an alleged violation of third party rights or at its sole discretion.

6. User's Liability

6.1. The User is solely responsible for the content entered, transmitted, disseminated or otherwise communicated in the spaces made available on the Portals.

6.2. NOW has the right to take the necessary steps to exercise their rights and protect their legal positions.

6.3. The User undertakes to indemnify NOW and any other entity related to it, including legal entities against any claim by third parties in relation to violations committed by the User.

7. NOW's Liability

7.1. NOW makes no warranties as to the quality, efficiency or reliability of the Services, nor does it make any representations or warranties whatsoever about the information obtained using its Services.

7.2. The User acknowledges that NOW is not liable if the Services are unavailable in whole or in part or rendered in a limited mode.

7.3. NOW does not guarantee the continuous, uninterrupted or secure access to the Services, as the operation of the Website may be affected by many factors beyond our control.

7.4. NOW reserves the right to suspend the Services, in whole or in part or to terminate them permanently for any reason.

8. Copyright

8.1. All contents of the Portals are protected by intellectual and industrial property rights.

8.2. All rights related to the published texts belong to the authors in accordance with the current legislation. Reproduction of the published material is prohibited without the written consent of NOW.

8.3. NOW accepts no responsibility for the content and material (photographs, audio, video) uploaded by Users and/or Designers to the Platform. All rights are reserved, including those relating to the processing and publication of each text. The rights pursuant to Article 102 of the Copyright Law are reserved. (Law 22/04/1941 no. 633, and subsequent amendments and additions). It is forbidden to extract or reuse all or part of the content of this website by any means or in any form whatsoever.

8.4. Anyone who believes that their intellectual property rights have been infringed is encouraged to send a report via our Notification form. This form can be used to report the alleged infringement of any intellectual and/or industrial property right.

8.5. Once we receive a report, we may take various actions. For example, we may remove information from an item or the item itself, and - in the case of repeated infringements and where the conditions are met - close an account. All these actions are taken without admission of liability and without prejudice to any of our rights, remedies or defenses, which we expressly reserve to exercise. This includes notifying those involved in the production of the allegedly unlawful content as well as any other action to protect the rights and interests of NOW. The User agrees to indemnify NOW against all third party actions made against NOW that result from or relate to the submission of a report and that relate to and/or are connected with activities carried out by the User on the Portal and/or the Website.

9. Links to the Website

9.1. Links from other websites to the individual texts are permitted with citation of the source.

10. Applicable law and place of jurisdiction

10.1. These general terms and conditions of the contract and all contracts related to them are governed by the Italian law, with the express exclusion of the application of the 1980 Vienna Convention on Contracts for the International Sale of Goods. All disputes that may arise in connection with the interpretation, fulfilment and/or execution of these Conditions shall be referred exclusively to the Court of Pisa (Italy), without prejudice to the right of NOW to take action against the Customer at any other competent alternative court of law.

11. Miscellaneous

11.1. If you fail to comply with these Terms and Conditions, our failure to exercise our right to act against you does not constitute a waiver of our right to act in respect of your breach of obligations.

12. Contact

12.1. The Portals are owned and operated by NextOnWeb S.L.U. - Avda. de La Feria, num. 1 (INFECAR) - Edificio Incube. Oficinas 4 y 5 - 35012 - Las Palmas de Gran Canaria. Gran Canaria. NIF / TAX# / P.IVA - ESB76277482. For any queries regarding these Conditions, please write to: [email protected].

II SPECIAL CONDITIONS FOR THE EVENTS

13. Catalogue

13.1. While browsing the Portals, Users may be shown events organized by NOW. By accessing the sections dedicated to the event ("Event Profile"), it is possible to view the essential features of the Service.

13.2. NOW reserves the right to modify the specifications listed in the individual Event Cards at any time.

13.3.  Only Users registered on the Portals may make reservations.

14. Booking

14.1. By clicking on the negotiation button "Join NOW", you declare that you have read the latest version of these Conditions available on the Portals and request a reservation for the event that is logically linked to the negotiation button.

14.2. The requested event will then be available in the "Booked Events" section of your Reserved Area.

14.3. The booking will be accepted by NOW at the moment of the activation of the " Login to the Room " button and therefore of the availability of the connection in the Reserved Events section as per point 14.2 above.

15. Participation in the Event

15.1. Participation in the Event, that is, the rendering of the service, is reserved for Professionals and expressly excludes the possibility of participation by Consumers.

15.2. By clicking on the button "Login in the Room", as mentioned in the previous points, the User can proceed to Pre-Registration, which enables the identification of the exact user of the service and then proceed to any Additional Services provided for the specific event.

15.3. Once the Pre-Registration is finished, the user will be redirected to the Virtual Room where the Event will be held.

15.4. The User agrees to keep the link to the Virtual Room confidential.

15.5. The Service is provided through a Third Party platform. Information regarding the processing of personal data can be found at this address https://www.logmein.com/it/legal/privacy,and information regarding the license to use the service can be found at this address https://www.logmein.com/it/legal/terms-and-conditions.

15.6. NOW may verify reservations at any time by checking the data entered by Users. In the event of incorrect, false and/or other anomalous data that leads NOW to believe that participation may be made by a non-professional, NOW may exclude the User at any time. NOW reserves the right to take any other action related to the exclusion, including the right to protect its rights in the appropriate courts.

15.7. Similarly, if there is any suspicion of fraud by any means whatsoever on the part of a User, including Professional Users, NOW may revoke access to the Event at any time, as well as prevent access to the Services available to registered Users, reserving the right to take appropriate action to protect its rights.

16. Additional Services

16.1. Any Additional Services (communication to the National Councils of belonging of the information for the accreditation to the User of the formative credits) in addition to the availability of the access link to the Event, will be provided upon the proper completion of the required fields in the Reserved Area and in the Pre-Registration forms. NOW reserves the right to check the validity of the data and not to provide the Additional Services in case of suspected falsity or failure to update them.

16.2. NOW has set up tools to verify the eligibility of participants in the Event to access the Additional Services. The User accepts that such systems are fit for the purpose and consequently declares compliance for the purposes specified in the Event Schedule.

16.3. No objection may be made to NOW regarding the provision of the Additional Services and the User accepts that the results of the tools indicated above (16.2) are the only ones to be used as proof of eligibility.

16.4. NOW assumes no obligation and provides no warranty as to the exact delivery of the Additional Services or the issuance of formative credits by the National Councils. Formative credits are provided directly by the National Councils. NOW offers exclusively formative credits that are potentially eligible for accreditation.

16.5. Additional Services may only be requested by Professionals and may not be requested by Consumers. Therefore, the Special Conditions for Consumers will not be applicable to the Additional Services, nor will the regulations for the protection of Consumers.

17. Final clauses

17.1. NOW reserves the right to make changes to the event schedule and content at any time by publishing the Event Schedule. NOW has the right to withdraw ad nutum from the Service and, therefore, the right to definitively interrupt the provision of the Service, even without any notice to the User and without the User being able to complain and/or hold NOW liable for any loss and/or damage in connection with such interruption. NOW shall not be held liable for any direct or indirect expenses or damages of any kind suffered by the user in the event of failure to access the Event, since NOW fulfills its obligations under these Terms of Service by simply providing the link in the specific area of the Portals.

III SPECIAL CONDITIONS FOR THE NEWSLETTER SERVICE

18. Newsletter Service

18.1. The Newsletter Service is free of charge and is only available to registered users.

18.2. The user can unsubscribe at any time by using the unsubscribe link in the footer of the newsletter sent to the e-mail address given when activating the Service, or by writing to the following e-mail address: [email protected] . The Service will last from the date of its activation by the user until its deactivation by the user, according to the above procedure (ref.18.2).

18.3. The Service is activated automatically by registering on the Portal.

18.4. For the duration of the Service (and, therefore, from the moment of its activation by the user until the moment of its deactivation by the user, according to the procedure indicated above - ref.18.2) NOW agrees to send a periodic Newsletter containing a selection of training events or relevant content available on the Portals, and/or other related information (General Newsletter).

18.5. NOW reserves the right to send to the user, even newsletters dedicated to one or more events and/ or specific content, including hyperlinks or specific content related to third parties sponsors, considered of interest also on the basis of the additional information provided by the user himself or of his specific activity carried out on the Portals.

18.6. NOW reserves the right to change the frequency at which it sends the Newsletter at any time and to interrupt the Service on certain days and/or periods of the year, such as public holidays/summer periods. NOW has the right to withdraw ad nutum from the Service and, therefore, the right to definitively discontinue the provision of the Service, even without any notice to the user and without the user being able to complain and/or hold NOW responsible for any liability and/or damage in relation to and/or connected to such interruption. NOW shall not be liable for any direct or indirect expenses or damages of any kind suffered by the User in the event of non-receipt of the Newsletter, since NOW fulfills its obligations under these Terms of Service by simply sending the Newsletter.

IV SPECIAL CONDITIONS FOR THE BUSINESS CONTACT SERVICE

19. Business Contact Service

19.1. The Business Contact Service is free of charge and is only available to registered users.

19.2. The Service is provided through the specific functions available on the Portals.

19.3. The Service involves the completion of a form containing a request from the User, sent to NOW in order to forward it to the Company indicated/shown in the form and which also contains the personal data required to be contacted.

V SPECIAL CONDITIONS FOR THE CONSUMER

20. Withdrawal

20.1. The consumer may withdraw from the contract within 14 days of registration, provided that they have not received the link to the Event before this deadline. In the latter case, the provisions of point 20.3 shall apply.

20.2. Except in cases covered by the preceding paragraph, the Consumer agrees not to have any right of withdrawal from the distance contract and the exception to the right of withdrawal referred to in 'Art. 59, c.1 lett. o) of Legislative Decree no. 206 of September 6, 2005 and subsequent amendments. ii. (Consumer Code).

20.3. In fact, the consumer agrees to the delivery of digital content through a non-material medium with the express agreement and acceptance of the fact that this circumstance precludes any right of withdrawal by completing the pre-registration phase of the Event using the interactive online mode.

20.4. The consumer also agrees to forfeit their right to withdraw from this service, as it is made completely accessible and usable to the user through the electronic transmission of the access link to the Event.

20.5. The notice of withdrawal referred to in paragraph 20.1 above, must be received, within the time specified therein, under the penalty of inadmissibility, by e-mail to [email protected].

20.6. In the cases contemplated in paragraph 20.1, the request for refund can be accepted only if the formal request will be sent by email to: [email protected]with an attached refund form completed in its entirety or with the explicit statement of the User and the Service for which you request the exercise of the right of withdrawal.

20.7. Outside of the cases mentioned above, no other case of refund is allowed.

21. Applicable law and competent court

21.1. It is subject to the application, to the consumer Users that do not have their habitual residence in Italy as well as to any more favorable and mandatory provisions provided for by the law of the country where they have their habitual residence.

21.2. We would like to remind you that in the case of consumer Users, any dispute relating to the application, execution and interpretation of these Terms of Service or of the relationship resulting from the activation of the Service shall be settled by the Court of the place where the User resides or has an established domicile.

21.3. The European Commission provides an online dispute resolution platform, which you can access through this link: https://ec.europa.eu/consumers/odr/.If you wish to bring a matter to our attention, please contact us.

VI SPECIAL CONDITIONS FOR DESIGNERS

21.4. In addition to the CONDITIONS OF USE OF THE WEBSITE SERVICES, these special conditions also apply to the Designer.

21.5. NOW reserves the right to choose - at its sole discretion - which material and/or information, among those uploaded by the Designer (audio, video, photos, text, etc.) to publish on NOW's websites, portals and social networks and for how long to maintain it, without prejudice to the Designer's right to request deletion.

21.6. Materials with commercial offers, discounts and promotions will not be uploaded.

21.7. Any partnership, affiliation, co-involvement, co-responsibility between the Designer and NextOnWeb is completely excluded.

21.8. 21.8. Everything described below is free of charge to both Parties, NOW and the Designer.

UPLOADING OF IMAGES, VIDEOS, AUDIOS

21.9. By accepting the Terms of Use, the Designer declares to have read and to comply with all the clauses of this document.

21.10. By accepting these Terms of Use, the Designer acknowledges and accepts that the images, filming, audio/video recordings that they voluntarily upload to the platform by filling out the dedicated forms that depict their person and/or reproduce their voice (hereinafter also referred to as "materials") will be used for the purposes indicated in the form itself and that may be

- drafting and accompanying a comment article and description of the project submitted by the Designer (which will be published with the photographs, videos and audios uploaded by the Designer);

- identify the profile as a designer or studio with an image.

21.11. The Designer acknowledges and agrees that the materials, voluntarily uploaded by them, will be published on NOW's websites, Portals and its social media outlets and then disseminated to an indistinct audience. The Designer declares their approval of the context in which the said materials will be used.

21.12. By accepting these Conditions of Use, the Designer therefore declares that any images, filming, audio/video recordings that depict their person and/or reproduce their voice voluntarily uploaded to the platform

• do not affect the personal dignity and decorum of the person portrayed and approve the context in which the images will be included;

• they are freely usable by them, since they are the owner of all the copyrights and economic exploitation rights related to them;

• are not materials covered by constraints of secrecy and/or confidentiality;

•  the videos and images uploaded do not portray third parties.

21.13. By accepting these Terms of Use as well as uploading the audio/video material and/or images to the Platform, the Designer formally authorizes NEXT OnWeb S.L.U. to use, publish and/or disseminate, even through authorized third parties, through the website, social networks, printed paper or other technological means of dissemination, the above audio/video material and photographs, even in partial and/or modified form, within the limits specified above and for the above purposes. The authorization is understood to be free of charge, with no time or territorial limits and envisages that the images and/or filming, audio/video recordings and/or photographs may also be transferred to third parties.

21.14. The Designer must tell NEXTOnWeb S.L.U. who the author of the images is, as well as provide any relevant information so that the correct credits can be inserted with regard to any material (audios, videos, images) uploaded. By uploading the aforementioned material to the platform and accepting these Conditions of Use, the Designer assumes all responsibility for the inclusion or non-inclusion of credits in the appropriate field of the form and for the accuracy of the information entered in that field and indemnifies NOW from any direct and/or indirect consequence, even of a minor nature, that may arise against NOW due to the non-completion, incorrect or untrue compilation of the credits and/or infringement of the moral rights of third parties regarding the material uploaded.

21.15. The Designer will be responsible for all the uploaded material (images, videos, audios, etc.) and must, in any case and for any reason, indemnify and defend NOW, at its own request, against any claims by third parties that are due to violation of copyright, rights of economic use or any other third party rights.

21.16. By accepting the Conditions of Use, the Designer acknowledges that they have no claims against NOW for damages to their name and/or image that may result from the prejudicial use of the materials by third parties.

21.17. The Designer may at any time request the deletion of the uploaded materials, but acknowledges and accepts that this request will take effect from the moment it is made and therefore remains without prejudice to uses already made as well as the rights of NOW to keep copies of the materials uploaded to the Platform that may be archived for back-up purposes or to archive evidence aimed at protecting the rights of NOW.

UPLOADING THE PROJECT AND STUDIO, COMPANY AND FILMMAKER INFORMATION

21.18. By accepting these Terms of Use, the Designer acknowledges and accepts that the information and texts they voluntarily upload concerning the Project, the Studio, the company, the videomaker, etc. will be used for the purposes indicated in the form, and that they depict their person and/or reproduce their voice (hereinafter also referred to as "materials"):

• drafting and accompanying an article of comment and description of the project entered by the Designer (which will be published with the photographs, videos and audios uploaded by the Designer);

• create a profile as a designer or as a professional studio.

• It is understood that with the acceptance of the Terms of Use the publication, and therefore the diffusion to an indistinct public of this information and/or text is requested.

21.19. By accepting these Terms of Use, the Designer declares and guarantees that any information, data and/or content voluntarily uploaded to the Platform (for example concerning the Project, the Studio, the Company, etc.)

• are true and correct information

• do not prejudice the rights of third parties

• can be freely used by the User as the owner of every copyright and economic exploitation right related to it;

• will not affect projects of unaware third parties and not indicated as co-authors of the project.

21.20. The Designer assumes all responsibilities regarding the truthfulness and correctness of all the information and data provided regarding the Project and especially with reference to (but not limited to) the indications of the co-authors of the project, the companies involved in the project, the description of the project, the location and the author of the project.

22. Prohibitions and Warranties. Final clauses.

22.1. In any case, with regard to the uploading of photographic, audio, video materials as well as projects, studio presentations, company, video makers, as well as texts and any other content and information sent to NOW and/or uploaded to its platform, NOW does not assume any responsibility towards third parties regarding intellectual property and/or rights of economic use as well as infringement of other third-party rights, which will remain the responsibility of the Designer.

22.2. It is strictly forbidden for the photographic, audio, video and text materials and any other information and/or content uploaded to the Platform and/or sent to NOW to be illegal, contain illegal material, data and/or information, contrary to morality, decency and/or public order, have pornographic, child pornography and/or obscene, defamatory, abusive or offensive content towards any third party.

22.3. It is strictly forbidden for photographic, audio and video material as well as any other information and/or content uploaded to the Platform and/or sent to NOW to damage in any way, directly or indirectly, any person, entity and/or company, or to be contrary to any law, including non-Italian law, or to directly or indirectly violate the rights of third parties, rights of economic use, copyrights and/or industrial property rights of third parties.

22.4. By accepting these Conditions of Use, the Designer undertakes to abide by the rules imposed herein and guarantees to NOW that the photographic, audio, video, text and any other information and/or content uploaded to the Platform and/or sent to NOW will always comply with all the requirements set out in these Conditions of Use. The Designer will indemnify NOW in the event of any direct and/or indirect damage, prejudice or penalties that may arise from the violation of the aforementioned prohibitions and conditions.

22.5. Once we receive a report, we may take various actions. For example, we may remove information from an article or the article itself, as well as - in case of repeated violations and where the conditions are met - close an account. All such actions are taken without admission of liability and without prejudice to any of our rights, remedies or defenses, which we expressly reserve. This includes notifying those involved in the creation of the offending content and taking any other action to protect the rights and interests of NOW. NOW has no obligation to preserve the material and/or information uploaded by the Designer on the NOW websites, platforms and social networks, so if for any reason - editorial, expediency or due to a third party reporting - the material is removed, the Designer will not be able to claim damages or compensation of any kind.

22.6. The Designer acknowledges and accepts that NOW reserves the right to carry out random checks on the truthfulness of the information submitted regarding the ownership of the materials (photos, audios and videos) and projects uploaded and to request additional information from the designer in order to conduct such checks.

22.7. By accepting the Terms of Use, the Designer acknowledges and agrees that prior to publication, NOW may modify, adapt and integrate the material, text, images, videos and audios submitted by the Designer voluntarily in the forms to adapt them to the discretionary needs of NOW.

VII CHANGES AND UPDATES

23. Changes to the Conditions

23.1. NOW reserves the right to modify one or more of the terms or conditions of these Conditions by informing the User through a publication in the relevant section of the Website. The modified Conditions will come into force in case of explicit acceptance or in case of no withdrawal within the following 30 days.

23.2. If the User does not agree with these conditions or those that may follow as a result of the update and if they relate to services reserved for registered users, they may withdraw, at no cost, by unsubscribing from the portals.

24. Updates

24.1. These conditions were published on 07/04/2021.