General terms and conditions for the purchase of the Video course “ZERO Pain 101” (Version no. 1 of 3 April 2020)
The version applicable from to time is available at https://www.zeropain101.net/conditions
The User should note that the information set out below is also provided pursuant to and for the purposes of Italian Legislative Decree 70/2003 and under the provisions set forth by Italian Legislative Decree 206/2005 (Consumer Code)
1. Owner of the website zeropain101.net
Name: Andrea Taddei
Via Privata della Gera 1 – 28010 Colazza (NO)
Tel.: +39 329 2288988
For the purposes of this agreement:
“Website” shall mean the website www.zeropain101.net, which is the exclusive property of Andrea Taddei ;
“Course” shall mean the “ZERO PAIN 101” course, provided via eLearning – organised by Andrea Taddei – according to the conditions set forth in this agreement and in the page https://www.zeropain101.net an integral part of this agreement;
“Client” shall mean the physical person enrolled in the Course within the terms and conditions provided for in this agreement and in the Website;
“Agreement” shall mean this distance agreement concluded between Andrea Taddei and the Client, without the physical and simultaneous presence of the parties, by the exclusive use of one or more means of distance communication;
“USER” shall mean the physical person who uses the Website.
The aforementioned definitions and conditions are an integral part of the general terms and conditions of the agreement
3. General terms and conditions of the agreement
3.1. The Client, by registering to and/or accessing the reserved area of www.zeropain101.net, declares to have read and understood, as well as to fully accept, both the general terms and conditions of the agreement (hereinafter, for brevity, also “General Terms and Conditions” and/or “Agreement”) https://www.zeropain101.net/conditions – which regulate and govern the use of the Course of the Website www.zeropain101.net – and the privacy notice for the processing of personal data (hereinafter, also only “Privacy Notice”), provided contextually to him or her by “ Andrea Taddei ” in its capacity as Data Controller ( https://www.zeropain101.net/privacy ), both made available before submission of the order and/or conclusion of the agreement.
Acceptance of these General terms and conditions, which, in any case, explain their efficacy pursuant to and for the purposes of art. 1341, paragraph 1, of the Italian Civil Code, constitutes a formal and regular agreement, legally binding between Andrea Taddei and the Client. Consequently, it is recommended to pay careful attention to them.
3.2. THE USER who does not intend to accept these General Terms and Conditions shall neither register to nor access https://www.zeropain101.net.
3.3. Andrea Taddei reserves the unquestionable right and power to amend and/or supplement these General Terms and Conditions at its own discretion and at any time. The Client shall be informed by means of the services and features of https://www.zeropain101.net, or with other means, to allow him or her to gain knowledge thereof. The current version of the General Terms and Conditions is available to the User at https://www.zeropain101.net/conditions.
In case of disagreement, the Client can terminate the agreement, closing his or her Account, as better provided for and governed below, without any restitution of the amount paid for the license to use the Course.
In the case in which the Client, subsequent to the publication and/or receipt of the amendments to these General Terms and Conditions, continues to use the video course named “ZERO Pain Technique”, the same will be deemed fully accepted since the behavior of the Client is capable of expressing, for conclusive facts, a new expression of assent/consent. It is strongly recommended, therefore, to read very carefully any possible communication of this kind.
3.4. The concluded agreement shall be stored in the computerized systems of Andrea Taddei and it will be possible to access it directly from the user profile created on the conclusion of this agreement.
3.5. The User has the power to identify and correct the data insertion errors before concluding the contract, using the technical means made available by the external platform called ClickBank .
3.6. The agreement can be concluded in the following languages: English.
4. Pre-agreement information
4.1 The Client declares to have read, before registering for the course, all the information contained in the descriptive pages of the Course available on the website https://www.zeropain101.net and in the registration form present on the platform https://www.zeropain101.net to be understood as an integral and substantial part of this Agreement, and from which the main characteristics of the Course are evident, clear and manifest.
5. Conclusion of the agreement
5.1 Pursuant to and for the purposes of art. 1326 of the Italian Civil Code, this distance agreement shall become effective at the moment in which Andrea Taddei receives, by electronic means, the registration form for the Course duly filled out in all its parts, following acceptance by the Client of these agreement conditions in the point and click mode which in this way are assumed to be acknowledged and approved also pursuant to articles art. 1341 and 1342 of the Italian Civil Code, in all their parts, none excluded.
5.2 Correct receipt of the order is confirmed by Andrea Taddei by means of an e-mail response sent to the e-mail address communicated by the Client. This confirmation message will show, in addition to a copy of these General Terms and Conditions of Sale of art. 2 above, Date and time of execution of the order and a “Client Order Number” to use in any further communication with Andrea Taddei The message reiterates all the data entered by the Client who undertakes to verify its correctness and timely communicate any corrections, according to the methods described in this document.
5.3 In case of non-acceptance of the order, Andrea Taddei guarantees timely communication of this to the Client.
6. Course participation fee
6.1 The Client undertakes to pay the amount published on the Website and indicated in the Course Registration form, according to the times and methods indicated in article 7.
It remains understood that what is indicated in the registration form excludes VAT and that given the nature of the service, the same is free from any delivery and/or shipment expense.
7. Terms and methods of payment
7.1 The participation fee set out in art. 4 shall be paid through the external portal called “ClickBank” which is accessed using the dedicated link https://www.zeropain101.net.
7.2 The Client has the right to modify the method of payment at any time before concluding the agreement; if a debit payment should fail and/or be refused, the agreement cannot be concluded with the exclusion of any responsibility of Andrea Taddei regarding the provision of the digital service.
8. Course activation
8.1 The purchased Course is activated contemporaneously with the payment of the price listed at the time of registration.
9. Registration, creation of account and access to https://www.zeropain101.net
9.1. To register, create an Account, and validly access the Course “ZERO PAIN 101” it is necessary and mandatory to a) be aged 18 years or older; b) have the full capacity to act which is required, according to the law, to validly fulfill legal acts with binding effects; c) unreservedly accept these General Terms and Conditions; d) declare to have received the privacy notice; e) not have been previously subjected to the cancellation of the Account or Andrea Taddei Account; f) be resident in a country in which www.zeropain101.net is available and, in any case, in a country of the EU or of another third country towards which the European Commission has issued a decision which recognizes that said the third Country guarantees an adequate level of protection on the matter of personal data processing, pursuant to art. 45 par.1 of EU Regulation 679/2016.
9.2. To register, create an Account, and validly access https://www.zeropain101.net, the USER shall also provide (a) his or her own name and surname; (b) country of residence and (c) e-mail address, indicating (d) an access password. The data at points (c) and (d) of these General Terms and Conditions, for brevity, are also defined and understood only as “Credentials”.
9.3. The Client guarantees the ownership, truthfulness, completeness, and accuracy of the information referred to in points 9.1. and 9.2. above, in addition to all that information which may be hypothetically provided during the use of the video course through the platform https://www.zeropain101.net.
9.4. The Client undertakes to keep updated all the data and the information related to him or her.
9.5. Andrea Taddei reserves the right, in any case, to request the USER to provide proof of the declared age and ability to act.
9.6. In the event of false, incorrect and/or incomplete information provided by the Client, Andrea Taddei reserves the unquestionable right to withdraw access to www.zeropain101.net and to deny the use of the related services and/or features, canceling his or her registration and independently closing his or her Account, even without prior notice, without the right to restitution of the amount paid to purchase the Course.
9.7. In the case of registration and/or access to https://www.zeropain101.net through the use of the Facebook or Google login, the User declares to authorize and accept the communication by the latter to https://www.zeropain101.net of all the necessary information, in relation to which the Client provides the guarantees referred to in point 9.3. above.
9.8. It is forbidden for the Client (a) to assume and use identities other than his or her own or false; (b) register, create Accounts and/or access on behalf of or through other persons; (c) attempt to register, create an Account and/or access https://www.zeropain101.net in unauthorized ways and/or by applications or clients of third parties unauthorized and/or with the use of automated or interface systems, including robots, spiders and crawlers.
9.9. Andrea Taddei reserves the right to modify the name and surname of the Client and/or close his or her Account, if deemed necessary or merely appropriate, also in the case of violation of the intellectual property of others or the use of an identity not corresponding to his or her own or the use of a name and/or surname contrary to public decorum, without the right for the Client to be returned the amount paid for the use of the Course.
9.10. The Client shall (a) try to identify a safe and complex password; (b) keep his or her password safe and maintain its secrecy, preventing access to it by third parties and (c) use the registration/access e-mail and the password (Credentials), and the Account, exclusively and personally.
9.11. It is forbidden for the Client to transfer, in any way and manner, his or her Account to third parties, as well as allow third parties to use this Account.
9.12. The Client is the sole owner, in case of use, of his or her Credentials and of his or her Account by third parties. Consequently, he or she undertakes to inform Andrea Taddei immediately of the loss, theft, and dissemination of his or her Credentials or Account or unauthorized or abusive access.
9.13. It is forbidden for the Client to request, gather and use Credentials and Accounts of other Clients.
9.14. The Client is the only owner of any activity and conduct with his or her Account.
10.1. By registering to the restricted area of this website and consequently purchasing the Course, the Client acknowledges that with the acceptance of these general terms and conditions as well as of the privacy notice enclosed to this agreement, as an integral and substantial part thereof, delivery of the digital content which is not supplied on a tangible medium has begun and therefore he or she is fully aware that pursuant to and for the purposes of art. 59 of Italian legislative decree 59/2005 paragraph 1 letter o) he or she loses the right of withdrawal recognised to the consumer.
11. Licence of Andrea Taddei to Client
11.1. Andrea Taddei grants the Client a personal license, for the use which is not commercial, not transferable, not transmissible, not exclusive, not sub-licensable and discretionally revocable, to access and use the Course “ZERO PAIN 101” (hereinafter, for brevity, also “License”).
11.2. Andrea Taddei reserves the right to add, amend, supplement, suspend, interrupt and/or remove features and/or services of the Website, at any time, without any obligation to give prior notification and at its unquestionable discretion. It also reserves the right to interrupt and/or restrict the service at any time and without the need for prior notification, also for technical, safety, control, maintenance, and/or for any other reasons. Finally, Andrea Taddei reserves the right to restrict the use of services and features by the Client.
11.3. The License is aimed exclusively at allowing the Client to use and enjoy the Course “ZERO PAIN 101” in accordance with the terms and methods permitted by these General Terms and Conditions. The use of https://www.zeropain101.net by the Client, as well as of its features and services, does not give the latter any ownership of the same.
11.4. The Client expressly accepts and acknowledges that the Course “ZERO PAIN 101” is provided “as-is” and “as is available”- and in any case, as permitted by law, without guarantees of any kind, including, in particular, implicit guarantees, conditions or other terms related to satisfying quality, fitness for a particular purpose, ownership, undisturbed enjoyment, non-violation or consequent to business conduct/negotiation.
Andrea Taddei does not guarantee lack of errors, continuous operation, avoidance of delays, imperfections and correctness, accuracy and updating of data therein.
11.5. Andrea Taddei is in no way responsible for errors, malfunctions, interruptions of service, connection errors, absence or faults with the Internet service, interruptions of the Internet service and, in any other case, for any reason or cause.
11.6. The Client accepts and expressly acknowledges to relieve Andrea Taddei of any responsibility for any content generated, uploaded, published, sent and/or filed through https://www.zeropain101.net by the same Client or by another user or by third parties.
11.7. Andrea Taddei is in no way responsible towards the Client and/or third parties for indirect, accidental, special, consequential or punitive damages, for damage to the reputation or for any loss of data, chances, profits or revenues related to its services and functions.
11.8. Andrea Taddei does not provide the Client with any storage service. Therefore, the Client accepts and acknowledges that Andrea Taddei has no obligation to store, manage and/or provide him or her with a copy of the content and/or of the information provided by the Client and/or by third parties, except to the extent and within the limits set forth by the applicable law.
11.9. To access and use https://www.zeropain101.net, the Client should have compatible devices and suitable services and tools, the costs of which are fully and exclusively borne by him or her.
11.10. All the deposited and registered trademarks, the service marks, the trade names, logos, domain names and any other functionality of the site, in addition to the graphics and the design of the Course and/or Website as well as the software, related services and features – including interactive and similar – and contents are the exclusive property of Andrea Taddei and/or of its licensors or, in any case, of the legitimate owner of Andrea Taddei.
11.11. It is forbidden for the Client to carry out, directly or indirectly, actions that violate the intellectual or industrial property rights of Andrea Taddei including any of the following activities: copy, amend, distribute, create works deriving from source codes, reverse-engineer, disassemble, or attempt in another way to discover this code, sell, hire, transfer, sublicense or otherwise transfer – in whole or in part – any right, feature, and service related to https://www.zeropain101.net
12. Client Account and profile
12.1. The Account and Profile of the Client is strictly personal.
12.2. The Client undertakes to contact Andrea Taddei immediately if he or she believes that a third party has had access to his or her Account and/or his or her Profile.
12.3. The Client can enter and/or modify contents in his or her own Account and/or Profile, at his or her discretion, within the limits of the features and operations of Andrea Taddei , whilst fully complying with these General Terms and Conditions.
12.4. It is forbidden for the Client:
(i) to publish private or confidential information, carry out actions that violate the rights of others, including others’ rights of disclosure, privacy, copyright, registered and/or deposited trademarks and /or other intellectual property rights;
(ii) to carry out abusive, harassing, intimidatory, defamatory actions or actions which constitute spam or undesirable stress for other users;
(iii) transfer one’s Account and/or Profile to third parties, in whole or in part.
12.5. The Client is solely responsible for any activity and conduct with his or her Account and/or Profile, including the publication of contents and carrying out actions and interactions on https://www.zeropain101.net, or availing of the same, in addition to any other action performed through the use of the services and functions made available to him or her by the Website.
12.6. Andrea Taddei reserves the right to limit, suspend and/or close the Account and/or the Profile of the Client, where it believes that the latter violates these General Terms and Conditions, the provisions of law and/or uses https://www.zeropain101.net, as well as its features and services, in an inappropriate manner.
13. Violations and/or reporting violations and/or complaints
13.1. Andrea Taddei reserves the right to adopt any and whatever suitable measure to immediately remove from its Website any content which violates the intellectual and/or industrial property rights in whatever way it becomes aware of this and to give communication thereof to the competent authorities.
13.2. If the Client intends to report a violation of these General Terms and Conditions, his or her rights, including intellectual and/or industrial property rights, of the image, reputation and/or of personal identity, he or she can report it to Andrea Taddei, using the contact set out below.
13.3. If the Client intends to lodge a complaint regarding the supply of the digital service regulated under this agreement, he or she can send a report to the contacts below, or send a dedicated report to the contact e-mail: firstname.lastname@example.org
Via Privata della Gera 1, 28010 Colazza (NO)
Tel.: +39 329 2288988
13.4. The report shall, where it falls within the scope of points 13.1. and 13.2.:
(i) contain the autographed or digital signature of a person authorised to act in the name and on behalf of the rights owner;
(ii) identify the right allegedly violated and identify the subject thereof;
(iii) identify the content that is thought to violate such rights;
(iv) identify the content to have removed;
(v) identify the access to be prevented;
(vi) provide own contact data;
(vii) provide a declaration that the information contained in the report is correct and that the reporting party is authorized to act in the name and behalf of the rights owner.
14. Applicable law
These General Terms and Conditions and all the disputes that may arise from or in relation to the same are governed by Italian law.
15. Place of jurisdiction
The Parties identify as the sole place of jurisdiction Novara unless the Client is a consumer, in which case the court of domicile or of residence of the latter shall be applicable.
16. Independence of clauses
If one of the provisions of these General Terms and Conditions should be deemed void or unenforceable, this shall be considered independent from the same and shall not affect the validity and enforceability of the remaining provisions.
The Client accepts to receive communications at the e-mail address he or she provided at the time of registration, which, if necessary, he or she undertakes to keep updated in his or her Account.