TÉRMINOS Y CONDICIONES
TÉRMINOS Y CONDICIONES
The Customer, the owner of the data processing, is entitled to definitively and permanently modify and delete the data from SharEvent’s databases at any time. Once the Customer has carried out such cancellation, SharEvent will not be able to recover them in any way. The Supplier undertakes to guarantee the security of the data entered by the Customer and by the participants in the Customer’s Events on its servers, data which is always and in any case, proprietary and owned by the Customer and which will not be subject to any type of processing for further purposes. Once this agreement has been terminated, the Supplier, if this activity has not already been started manually by the Customer, will delete the data held on its servers by automated procedure 7 days after the expiration of the same agreement. Backups are processed using a similar procedure. Once the data has been deleted, the Supplier will not retain in any way any data of the events directly related to the Customer, and will not be able to provide them again if requested.
Specifically, the following points are meant
- Servers are hosted by Digital Ocean
- All Backups are managed entirely by the aforementioned provider and not visible on external network and maintained on NAS/SAN servers.
- Backups are only accessible for maintenance by authorised staff.
- All servers are located in facilities with 24/7 physical control and on the servers at the aforementioned provider’s facility.
- Physical restrictions on entering the property and structure of the above mentioned provider.
- Physical restrictions on access to the co-located data centre within the aforementioned provider’s structure.
Service availability means the percentage of uptime of the SharEvent platform over a defined interval, excluding third-party services to SharEvent servers – for example, Zoom, Vimeo, Smartsupp.
SharEvent offers a minimum service availability of 99.00% for the entire actual event duration on the days specified in the order form. The effective duration is defined as the time between 08:00 and 20:00 on each day of the event, force majeure is excluded from the causes of malfunction.
Accidents and service malfunction levels
An accident or malfunction of the service is defined as an event that generates the impossibility of providing the service in its entirety or in a specific functional area.
PSTM is committed to promptly resolve any reported or verified accident.
Settlement of damage caused by unavailability of the service
Considering the actual duration of the event and the description of the availability of the service described above, the following compensation scheme for damages is agreed upon, based on a percentage share of the total value of the contract stipulated between the Client and PSTM.
Share of compensation for damages on the total value of the contract
Between 99% and 100%
Between 98% and 99%
Between 97% and 98%
Between 96% and 97%
Between 10% and 96%
the whole contract value
1. SHAREVENT DESCRIPTION
1.1 SharEvent offers a web platform, which can also be used via tablet and smartphone, for the creation, management and promotion of Events (as defined below) SharEvent, through the special control panel accessible via web by Users, allows you, by way of example and not exhaustive, to:
Create an Event by entering the relevant characteristics (event title, dates, description, etc.).
Create lists of invited guests, manage their confirmations and in general interact with them through e-mails or the dedicated and created ad hoc website
Importing the lists of Invited Guests, Participants, monitoring the progress of registrations with a summary panel and managing their participation in the Event
Create and customise Badges, Tickets and Passes
Manage payments for Tickets
Manage the accreditation of the Event participants through the PSTM SRL application for tablets and smartphones, and possibly their flow within the event by scanning the Badge
Monitor the quality of the event through statistics
Send Push notifications to participants
Send e-mails to participants through a template tool
Through the cloud-based platform, mobile apps and SharEvent services allow organisers to create, manage and share events for their audience.
1.2 SharEvent is owned and managed by PSTM SRL (hereinafter PSTM), VAT registration number IT06829250486 with registered office in Via Zanobi da Strada 12, Firenze, Italy – firstname.lastname@example.org.
2. PURPOSE AND DEFINITIONS
Site, as defined below, constitute the entire agreement and govern the entire relationship between PSTM and Users. PSTM reserves the right to provide special conditions in relation to the provision of further specific services. In the latter case, these Terms and Conditions shall apply unless derogated from the particular conditions of such specific services.
2.2 For the purposes of these Terms and Conditions, to:
“Organiser(s)”, “Consumer(s)” or “Consumers”: event creators who use the SharEvent Services to create events for customers who use our Services to (a) use information about or participate in events (“Consumers”) or (b) for any other reason. In this document, Organizers, Consumers and third parties who use our Services are collectively referred to as “User(s)”.
“Event” or “Events”: the event(s) created by Users through the PSTM Services;
“Online form”: means the registration form accessible at https://manage.sharevent.it/accounts/new which must be duly completed by the User in order to access the PSTM Services;
“Services”: any service, including the Software and Apps, provided by PSTM through the Site;
“Site”: the website owned and operated by PSTM accessible at www.sharevent.it (including all web pages, sub-domains and sub-parts contained therein);
“Software”: the software available on the Site or otherwise provided by PSTM, including PSTM’s tablet and smartphone applications;
4.1 Con l’esatto adempimento degli obblighi di cui alla clausola 5 dei presenti Termini e Condizioni, gli Utenti possono fare uso dei seguenti Servizi offerti da PSTM SRL e dettagliati precedentemente in questo documento.
5. OBLIGATIONS OF USERS
5.1 By registering through the Site, or using the Services, Users agree to, and agree to abide by, these Terms and Conditions.
5.2 In particular, Users undertake to pay the price of the Services provided through the payment methods allowed on the Site or through other payment methods agreed from time to time with the User, in relation to the chosen Services, and to comply with the obligations listed below.
5.3 The User shall:
Provide true and complete information about himself/herself, as required by the Site’s online form;
Carefully keep the password used to access his/her account, for the security and secrecy of which the User is solely responsible. If you suspect that unauthorised access to your account has been made by a third party, please contact PSTM immediately at email@example.com and change your password as soon as possible. PSTM shall not be liable for any damages resulting from the failure to keep the password and account used by the User.
Do not transmit or induce others to transmit, upload, or otherwise make available through the Site any content (i) that is unlawful, defamatory, or harmful to the privacy or other rights of third parties; (ii) that is false, inaccurate or otherwise misleading or otherwise harmful to the rights of Consumers; or (iii) that infringes patents, trademarks, trade secrets, copyrights or other intellectual property rights of third parties.
Use the Services in accordance with applicable law.
Do not transmit, upload, or otherwise make available any viruses, advertisements, unsolicited or unauthorized promotional materials, including any form of spam;
Obtain from each and all contacts placed on the platform the consent to the sending of communications by the User, as well as all necessary consents and authorizations according to the law applicable from time to time in the countries in question.
Do not modify or otherwise alter the Services and do not damage the integrity of the same in any way.
Do not use the Services in a manner different from that for which they were intended.
Except as expressly permitted, do not rent, loan, resell, sub-license or otherwise distribute the Services; do not use the Services to provide or operate marketing, training and outsourcing or consulting services, or to develop a product that competes with the Services; do not allow third parties to access or use the Services, other than with PSTM’s written permission.
5.4 The User is and will be entirely responsible for the processing of the personal data of participants, members and guests of the Events as well as for any information, material, advertising, image or other content transmitted to participants, members and guests of the Events through the Services before, during and after the Events.
5.5 All that concerns the information, data collection and consent is the responsibility of the User. PSTM declines any responsibility for the actions of the Organisers with regard to Personal Data. It is important that the User read the current policies of an Event Organiser before providing Personal Data or other information in connection with such event.
5.6 PSTM may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Closing an account on SharEvent will result in loss of access to the Services.
6. ADDITIONAL SERVICES
6.1 PSTM may, upon request, and for a price which it may determine from time to time in its sole discretion, provide additional services to You beyond the functionality of the Website, including but not limited to the rental of Tablets or other check-in terminals and other equipment, the provision of consultants and staff to assist You on the date of Your event and the provision of dedicated account management services.
6.2 All additional services, whether provided before, during or after Your event, will be deemed to be part of the Services and subject to all the terms and conditions of these Terms and Conditions unless expressly derogated from the specific agreements relating to such additional services which will be made from time to time.
7.1 The Services may provide, or third parties may provide, links to other websites or Internet resources. Since PSTM has no control over such websites and resources, the User acknowledges and agrees that PSTM is not responsible for the availability of such websites and resources, and assumes no responsibility or liability or obligation for any Content, advertising, products, services or other materials that are on or available on such websites or resources.
7.2 You acknowledge and agree that PSTM is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such Content, advertising, product, service or other materials available on or through any such website or resource.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The Site, Services and related Software and Apps are owned and operated by PSTM. All intellectual property rights and titles in the Site, the Services and the related Software and Apps are and shall remain with PSTM and/or its licensors.
8.2 PSTM hereby grants Users a non-exclusive and non-transferable right to use the Software limited to the use of the Services by Users. Users shall have no right to modify, adapt, or convert the Software or create derivative works from the Software, except as necessary to configure the Software through menus, options and tools provided for such purposes and contained in the Services. Except as permitted under applicable law, any reverse engineering activity and any other extrapolation of the source code of the Software is prohibited. If the User wishes to exercise reverse engineering rights in order to ensure interoperability in accordance with applicable law, the User shall inform PSTM in writing and allow PSTM, at its discretion, to make an offer to provide the information and assistance for a consideration to be mutually agreed upon by the parties.
8.3 The name “SharEvent”, the domain name sharevent.it, trademarks, logos and other distinctive signs used in connection with the Services are the property of PSTM or its licensors or assigns. PSTM permits you to use such trademarks, logos and other distinctive signs including the word “SharEvent” solely to refer to your use of the PSTM Services in accordance with these Terms and Conditions. Any use of the name “SharEvent”, its trademarks, logos and other distinctive signs other than and in addition to the use provided for in this clause must be explicitly authorised in writing by PSTM.
9. DURATION AND TERMINATION
9.1 These Terms and Conditions shall take effect upon payment of the price for the use of the Services and shall remain valid for a period of twelve (12) months. The contract between PSTM and the User, unless otherwise agreed, shall be renewed for an equal period under the same terms and conditions unless terminated by either party in writing to be sent to the other at least one month before expiry. Each party shall have the right to terminate the contract at any time by giving thirty (30) days notice to the other party.
10.1 Users of PSTM Services who qualify as Consumers have the right to withdraw from the contract, without any penalty and without specifying the reason, within fourteen (14) days from the completion of the registration procedure through the Site, by sending an explicit declaration to the PSTM headquarters by post or e-mail. PSTM shall refund the payments received from Users who qualify as Consumers without undue delay and in any case within fourteen (14) days from the day on which it is informed of the decision of the Consumer to withdraw from the contract. If the Consumer has asked to start providing the Services during the withdrawal period indicated above, the Consumer shall be required to pay an amount proportional to what has been provided up to the moment of the communication by the Consumer of his willingness to withdraw from the contract.
11. LIMITATION OF LIABILITY
11.1 The Services and Software are provided “AS IS”. To the maximum extent permitted by law, PSTM disclaims all warranties, express or implied, including the implied warranties of non-infringement, merchantability and suitability for a particular purpose. Furthermore, PSTM disclaims any warranty that (A) the Services or Software will meet your requirements or be permanently available, timely, secure, error-free or uninterrupted; (B) the results obtainable from the use of the Services or Software will be effective, accurate or reliable; (C) the quality of the Services or Software will meet your expectations; or (D) any errors or defects in the Services or Software will be corrected.
11.2 User expressly acknowledges that PSTM is not responsible for the actions, content and data of Users or third parties, and User agrees to indemnify and keep PSTM, its affiliates, directors, employees and agents harmless from any and all claims, complaints, demands for damages related to third party content, actions, information or data.
11.3 PSTM shall not be considered liable in any way for the consequences deriving from the violation by Users of the obligations set out in section 5 above, including the violation, by Users, of the regulations applicable to the processing of the personal data of participants, members and guests at the Events (including the obligations of information and consent to the processing of such data), for which Users are Data Controllers. The User undertakes to keep PSTM harmless from any and all liability arising from the User’s violation of these Terms and Conditions, including any violation of the regulations applicable to the processing of personal data of participants, members and guests at the Events.
11.4 PSTM does not organise or realise Events. Therefore, any form of direct or indirect liability arising from the organisation or participation in the Events shall be the sole responsibility of the organisers or participants in the Events.
11.5 Nothing stated in these Terms and Conditions implies in any way that PSTM is obliged, nor can it be considered obliged, to carry out preventive surveillance of the information it stores and transmits, nor to actively seek facts or circumstances that indicate the presence of legally or contractually illegal activities. This is without prejudice to the rights and powers granted to PSTM under applicable Community and national legislation.
11.6 The user acknowledges that PSTM does not directly control the contents entered on the platform but PSTM may incidentally come into contact with them in the event of technical assistance or system maintenance activities. PSTM reserves the right to remove one or more contents entered by the user in the event conditions of violation of the Terms and Conditions of Use and/or that the contents entered violate Italian or EU regulations. PSTM reserves the right to modify, suspend or interrupt any active service and/or cancel the User’s access with or without notice, at any time and in any way.
You agree that PSTM shall not be liable to you or any third party in the event of modification, suspension or termination of such services.
11.7 You acknowledge and agree that PSTM may communicate the data contained in its systems to identified recipients if: required by law, but not limited to if required to do so by law or in the good faith belief that such storage or disclosure is reasonably necessary: (a) comply with legal proceedings; (b) enforce these Terms and Conditions; (c) respond to claims that any User Content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of PSTM, its users and/or the public by giving prior written notice to you.
11.8 The profiling service is a plug-in that the user can enable and manage independently within his/her own personal user space. PSTM does not in any way perform any processing and/or elaboration activities on such data (the ownership of which remains with the Customer) but merely provides the tool and guarantees its technical availability inside SharEvent. PSTM will therefore use this information only as aggregated data for service delivery, technical management and maintenance and/or database backup purposes, to the exclusion of all other types of processing.
12. GENERAL CLAUSES
12.1 Applicable law and jurisdiction. These Terms and Conditions are governed by Italian law and shall be interpreted in accordance with Italian law, excluding any applicable rules of private international law. Any dispute arising from the interpretation, validity or execution of these Terms and Conditions or in any case inherent to or deriving from the same that may arise between PSTM and the Users, shall be subject to the exclusive and mandatory jurisdiction of the Court of Firenze.
12.2 Out-of-court dispute resolution. Where the Users qualify as Consumers, they shall have the right to promote the extra-judicial settlement of disputes concerning the consumer relationship where provided for by the laws applicable from time to time.
12.3 Supplements and amendments. These Terms and Conditions constitute the entire agreement between the parties and replace any previous or contemporaneous condition, agreement or statement, both verbal and written, relating to the subject matter thereof. PSTM expressly reserves the right to amend or supplement these Terms and Conditions and any amendments or additions to them which will be published on the Site by informing the user via e-mail. Users shall be bound to comply with such amendments or additions after their publication on the Site, except for the right to terminate the contract with PSTM with thirty (30) days’ notice to be sent by email to the following e-mail address – firstname.lastname@example.org – or by registered letter with return receipt to PSTM SRL, Via Zanobi da Strada 12, 50125, Florence, Italy. In the absence of such communication, changes to these Terms and Conditions shall be deemed accepted.
12.4 These Terms and Conditions and any rights and obligations provided for in or arising from these Terms and Conditions may not be assigned by Users without the prior written consent of PSTM.
12.5 If any provision of these Terms and Conditions is stated to be unlawful, void, or ineffective, that provision shall be amended so as to make it effective or otherwise deleted, and shall not affect the validity and enforceability of the remaining provisions.
12.6 For any information and assistance regarding the Services or use of the Site, please contact PSTM at the following email address: email@example.com.
Florence, October 12nd, 2020