Terms and Conditions

TOGET4U is a website, currently accessible at the address https://www.toget4u.com/ (hereinafter, for the sake of brevity, the “Site“) managed for all operational purposes by ASDM S.r.l., with registered office in Corso Alessandro Tassoni, 31/A – 10143 – Turin (TO) (hereinafter, for the sake of brevity, “ASDM“), with the methods and for the Services described in the FAQ of the Site (hereinafter, for the sake of brevity, “Services“), currently available at the URL https://www.toget4u.com/ and to be understood as fully referred to here (hereinafter, for brevity, “FAQ”), as well as in compliance with this “ToGet4U User Regulations” (hereinafter, for brevity, “Regulations“).

WHEREAS,

a) The Site is also partially navigable by visitors, but to access the Tools it is necessary to register an Account;

b) with this Registration, the User declares to have read and accepted these Regulations and, consequently, to formally and unreservedly undertake to comply with the provisions contained therein; otherwise, the User will not be authorized to use the Tools;

c) ASDM reserves the discretionary right to suspend and/or cancel the Accounts, to modify the availability, nature, conditions of use and content of the Site and the Tools offered therein, including these Regulations, with its attachments;

d) in the event of changes that are not merely descriptive, ASDM will send Users an e-mail message to the address provided at the time of Registration on the Site and/or a notification by pop-up following the first login following such changes, with which it will invite each User to read the new Regulations, informing them of the possibility – in the event of non-acceptance of the changes – to withdraw from the relationship with ASDM relating to the Site, and therefore renounce access to the latter, by deleting your Account;

e) failure to cancel the Account, following receipt of the e-mail and/or pop-up communication provided for in point d) will constitute, to all intents and purposes, acceptance of the changes made to these Regulations as, moreover, will be expressly reiterated in such e-mail and/or pop-up;

f) the changes made by ASDM, without prejudice to the above and without prejudice to the right of withdrawal, will be effective from the fifth day following publication on the Website.

THE FOLLOWING IS AGREED BETWEEN ASDM AND USERS (HEREINAFTER, THE “PARTIES”)

1. General – Definitions

1.1. The preambles and FAQs form an integral and substantial part as well as an essential prerequisite of these Regulations.

1.2. The Regulations govern the terms and conditions of use of the Tools and the Site.

1.3. The Tools are only accessible to individuals with an Account.

1.4. The words and expressions indicated in the following paragraphs have the meanings conventionally defined therein:

1.4.1. Account: the authentication and authorization profile, necessary to access the Tools, protected by custom credentials. The Account must be managed exclusively by the User and is not, in any case, directly or indirectly, transferable to — and/or usable by — third parties. In any case, the Registration and/or use of Accounts by persons under the age of 18 is expressly prohibited.

1.4.2. Data: the information transmitted by each User to the Site during Registration and when using the Tools.

1.4.3. Registration: means the procedure by which Users:

  • choose with which type of Account to proceed with the Registration;
  • provide the Data required for the creation of an Account;
  • ensure the secrecy of their authentication credentials;
  • guarantee the correctness, completeness and truthfulness of the Data provided, for which they assume full responsibility, as far as reasonable, pursuant to and for the purposes of art. 2, 46, 47 and 76 of Presidential Decree no. 445 of 20 December 2000, as amended;
  • undertake to keep these Data up to date, modifying them in the event of changes;
  • validate the Data provided, following the instructions contained in a specific e-mail.

1.4.4. Tools: means – also jointly – the Website and all the services offered therein via a web and/or mobile interface, in compliance with and within the limits of these Regulations and any other applicable legislation.

1.4.5. User: the holder of an Account.

1.5. Excluding any obligation/burden of control on its part, if ASDM becomes aware of the fact that a User is a person under the age of 18 (e.g., by means of a report) and/or, in any case, of the falsity and/or incorrectness of the Data contained in an Account, it may delete such Account without notice.

1.6. Each User is responsible for the use of his/her Account and is required to report any anomaly and/or unauthorized use of this Account, including by third parties.

1.7. The Regulation is effective indefinitely. Each User may withdraw at any time, by deleting their Account, which will take effect immediately, without prejudice to any ongoing relationships which, given their autonomy, will continue to bind the respective contracting parties to the relevant conditions and under the terms provided therein.

1.8. In any case, the Regulations (including the FAQs) constitute the sole and exclusive agreement between ASDM and the Users on the terms and conditions applicable to the Services.

2. Use of the Site

2.1. The User, in accordance with the provisions of sub 1.4.3.5, must promptly update his/her Account to ensure the correctness, completeness and truthfulness of the Data entered therein.

2.2. The User must strictly comply with the methods of use of the Tools, in any form determined by ASDM.

2.3. The use of bots, spiders, crawlers and other similar automated systems is expressly prohibited. In particular, it is forbidden:

2.3.1. use any automatic collection mechanism and/or any manual procedure to monitor or copy the web pages relating to the Tools and/or Data on the Site;

2.3.2. copy, duplicate, modify, adapt or otherwise exploit for commercial purposes the Tools and/or Data without the express authorization of ASDM.

2.4. Users are not authorized to use the Tools as their own independent database.

2.5. Users are in no way authorised to use the Tools in a manner that may even potentially damage, block, slow down or in any way affect the functionality of the infrastructures and/or systems of the Website, as well as of ASDM and/or any other ASDM Company.

2.6. Any framing, hacking (including, but not limited to: forcing credentials, defacing, code injection, reverse engineering), phishing, spamming, scraping and cloning activities in relation to the Site and/or the Tools and/or Accounts is strictly prohibited. Such violation will result in immediate reporting to the competent authorities in civil, criminal and administrative proceedings.

2.7. Without prejudice to the provisions of sub c) and subordinate subordinates , ASDM may suspend and/or cancel an Account, without prior notice, without incurring penalties and/or sanctions of any kind. In the event of suspension and/or cancellation, all the obligations already accrued by the relevant User will remain in full force and unchanged, also by virtue of the provisions of the Annexes to these Regulations, as applicable to such User. By way of example, an Account may be suspended and/or cancelled in the following cases, or similar:

2.7.1. violation of the Regulations;

2.7.2. significant indications of violation of regulations, including those on intellectual and/or industrial property, money laundering, confidentiality, protection of personal data, competition;

2.7.3. pending a report referred to in sub 3 and subordinates;

2.7.4. insertion of unauthorised, inadequate, incomplete or otherwise unlawful Data, with particular reference to the provisions of sub 4.4;

2.7.5. without prejudice to the provisions of sub 1.5, in the event of the entry of false Data;

2.7.6. in the event of violation of the provisions of subsection 1.4.1 and subordinates.

3. Reports of anomalies and/or criticalities

3.1. Each User may report to ASDM, through appropriate Tools, one of the following anomalies and/or criticalities:

3.1.1. violation of these Regulations and/or laws;

3.1.2. non-compliance and/or abuse relating to the Services for any reason;

3.1.3. malfunctioning of the Website and/or the login system;

3.1.4. suspected use of the Data and/or Accounts by third parties.

3.2. ASDM, in the event of one or more reports referred to in sub 3.1 and subordinates, reserves the right to:

3.2.1. recall by email the alleged person responsible for the anomaly and/or criticality;

3.2.2. suspend and/or cancel an Account. In this case, all the obligations already accrued by the relevant User will remain in any case firm and fully effective, also by virtue of the provisions of the Annexes to these Regulations, as applicable to such User.

3.3. Users also acknowledge that ASDM has the right to make visible to other Users the pending report referred to in sub 3.1 and subordinates.

4. Data

4.1. Users acknowledge that they are exclusively responsible, both towards ASDM and towards any other ASDM Company, other Users and/or third parties, for the Data provided and/or managed through the Tools through their Account, strictly committing themselves to ensure that such Data are not, in general, unlawful and/or, in any case, do not violate these Regulations.

4.2. In particular, Users undertake not to violate:

4.2.1. patents,

4.2.2. trademarks and other distinctive signs;

4.2.3. professional and/or industrial secrets, also pursuant to art. 622-623 of the Criminal Code.

4.2.4. know-how,

4.2.5. copyright,

4.2.6. other industrial and/or intellectual property rights of any third party.

4.3. The burden of proof that the Data is not protected by legislation on the protection of intellectual and/or industrial property rights, in particular on copyright, lies with the User.

4.4. Without prejudice to the above, the following Data are in any case prohibited, by way of example only:

4.4.1. unlawful, harmful, threatening, abusive, harassing, defamatory and/or slanderous, vulgar, obscene, detrimental to the privacy of others, racist, xenophobic, classist or otherwise reprehensible;

4.4.2. images, texts or anything else whose content is aimed at the sexual or violent exploitation of persons, including the publication of pornographic or child pornographic photos, offers of prostitution or other solicitation of sexual content as well as links to adult-only sites;

4.4.3. propaganda, including political-trade union propaganda, and/or the use of symbols that are considered illegitimate by the laws of Italy and/or the User’s country;

4.4.4. suitable for causing damage, in any way, to minors;

4.4.5. aimed at promoting or carrying out criminal activities including paedophilia, fraud, computer crimes, illicit drug trafficking, persecutory behaviour, gambling, money laundering, theft and illicit trade, including industrial/commercial secrets, etc.;

4.4.6. advertising, promotional materials, “junk mail”, “spam”, chain letters, pyramids, or any other form of unauthorized or unsolicited solicitation;

4.4.7. potentially harmful, in any form, to the reputation of ASDM and/or any other ASDM Company and/or any third party, at the sole discretion of ASDM itself;

4.4.8. material that contains viruses, malware, trojan horses or any other code, file or program created to interrupt, destroy or limit the operation of the software, hardware or telecommunications equipment of ASDM and/or any other ASDM Company and/or third parties;

4.5. Users acknowledge that ASDM is not required to carry out prior and/or subsequent control over the Data entered by Users, but still has the right to make any decision regarding the adequacy of such Data, including the deletion of the same and/or the Accounts held responsible.

4.6. Without prejudice to the above, ASDM and/or any other ASDM Company shall not be liable in any way for any direct or indirect, contractual and/or non-contractual, financial and non-pecuniary damages caused by Users to other Users and/or third parties in relation to the Data.

4.7. Finally, ASDM and/or any other ASDM Company do not assume any responsibility for the disclosure, duplication, modification, revisitation, tampering of sensitive/private/confidential Data relating to Users.

5. Intellectual Property

5.1. The development and operation of the Site necessarily depend on the use, under license, of know-how and intellectual works of which ASDM is the exclusive owner/owner, or in any case licensee.

5.2. In any case, Users declare that they have not requested and undertake not to request, in any territorial area, any type of protection, legal and/or conventional, in any way referable:

5.2.1. the Site, the Tools and any know-how related to them;

5.2.2. to the trademarks and/or distinctive signs of ASDM and/or any other ASDM Company and/or any other User.

6. Confidentiality – Protection of personal data

6.1. Any form of communication and/or disclosure, or in any case of use, even through an intermediary and/or entity, of any company news of ASDM and/or any other ASDM Company, as well as of any other User, however learned in relation to the use of the Tools, is strictly forbidden to any User, to be considered unconditionally confidential, even if they are not real industrial secrets, both if it pertains to ASDM and/or any other ASDM Company and/or to another User, and if it concerns subsidiaries and/or associated companies, as well as client companies and/or suppliers of the latter, unless expressly authorized in writing.

6.2. By way of example, which is not exhaustive, it is hereby specified that confidential company news is to be understood: all information relating to research and development, products and production processes, applied and not, patented or registered or not, owned and/or in any case available to ASDM and/or any other ASDM Company and/or another User or their subsidiaries and/or affiliates, if any, as well as client and/or supplier companies; all information relating to the relationship between ASDM and/or any other ASDM Company; all information relating to the organisation of the ASDM company and/or any other ASDM Company, of another User, or of their client and/or supplier companies: and so, in particular, all information relating to administration, services and commercial structure, any employees and para-subordinates (classification, qualifications, duties, salaries, etc.), customers and relations with third parties; as well as all related documents, drawings, codes, formulas, computer data, programs, ideas on any support preserved.

6.3. The aforementioned commitments will in any case bind the Users concerned even after the date of termination, for any reason, of the effectiveness of these Regulations with respect to them, except in the event of falling into the public domain, without prejudice to compensation for damages if such fall into the public domain is attributable to the User.

6.4. The Parties acknowledge that the Data that may be processed on the Site, including through specific Tools, may include personal data, including those of third parties.

6.5. Therefore, the Parties undertake to comply with the provisions of Regulation 2016/679/EU (European Regulation on the Protection of Personal Data – hereinafter, “GDPR”) and Legislative Decree no. 196 of 30 June 2003, as amended (hereinafter, “Privacy Code“), as well as the provisions, opinions and decisions and guidelines of the Italian Data Protection Authority, Article 29 Working Party and/or the European Data Protection Board (hereinafter, together with the GDPR and the Privacy Code, the “Privacy Rules“), in relation to Data and, in particular, to personal data processed in any way.

6.6. The Parties acknowledge and acknowledge that:

6.6.1. ASDM is the data controller of Users’ personal data for the pursuit of the purposes described in the Privacy Policy and in the disclaimer referred to in Annex A of these Regulations (hereinafter, the “Disclaimer”);

6.6.2. Users are the data controllers of the Data provided and/or otherwise processed for the pursuit of the purposes determined by the Users themselves, which ASDM will process as data processor, and undertake to sign a Data Processing Agreement with ASDM, which contains at least the elements referred to in art. 28, par. III, GDPR and subordinate, in the event of conclusion with ASDM of one or more orders/contracts that imply the processing of such Data, by the same ASDM, on behalf of the User.

6.7. In the event that the Regulation ceases to have effect with regard to a User, ASDM will delete the personal data processed as a data processor, pursuant to art. 28, paragraph III, letter g) of the GDPR, unless otherwise communicated by such User within 30 days from the date of termination of the effects of the Regulation.

7. Warranties and Liability

7.1. These Regulations refer exclusively to the Site and the Tools in the technological and legal state resulting at the time of acceptance of the same and its subsequent amendments.

7.2. ASDM and/or any other ASDM Company do not provide any guarantee of suitability for a particular purpose, nor are they able to guarantee – and refrain from promising – specific results from the use of the Site and/or the Tools.

7.3. Under no circumstances may ASDM and/or any other ASDM Company be held liable for damages, charges, and in any case prejudices of any kind, even indirect, deriving from the use, in any form, of the Site and/or the Tools by Users.

7.4. In consideration of the characteristics of the Site and the Tools, ASDM and/or any other ASDM Company do not guarantee that their operation will be uninterrupted or free of defects (by way of example: bugs, incompatibility with particular software or hardware, etc.). In particular, ASDM and/or any other ASDM Company cannot be held responsible for problems or technical failures relating to:

7.4.1. networks or lines;

7.4.2. online computer systems, servers or providers;

7.4.3. IT equipment;

7.4.4. software, including the failure of e-mail and/or upload/download of Data and/or signature systems, determined by parties other than ASDM and/or any other ASDM Company;

7.5. In particular, the User may not hold ASDM and/or any other ASDM Company responsible, for any reason, for a malfunction of the Site and/or the Tools, even if such malfunction may lead to errors and/or delays in relation to the Services.

7.6. Users acknowledge that ASDM’s activity consists in implementing and managing, making available to Users and maintaining the Site and the Tools under the terms and conditions set out in these Regulations.

7.7. In any case, also because of the above sub 7.6, ASDM and/or any other ASDM Company cannot in any way be held responsible for any disputes that may arise between two or more Users.

7.8. Notwithstanding all of the above, Users agree that ASDM and/or any other ASDM Company, their assigns and/or affiliates in any capacity shall not be liable for any loss of profit, loss of opportunity or profit, loss of goodwill, loss of Data or for any special, incidental, consequential or indirect damages resulting from the use of the Site, of the Instruments, or otherwise resulting in connection with these Regulations, for any cause and hypothesis of liability.

8. Indemnity

8.1. Each User (including by appearing in court and allowing their ouster pursuant to Article 108 of the Code of Civil Procedure) shall indemnify ASDM and/or any other ASDM Company, their directors, employees and/or collaborators, for any reason, from any claim for compensation, indemnity and/or other liabilities, including reasonable legal defence costs, made by other Users and/or third parties in relation to the use of the Website and/or the Tools and/or the Data published.

8.2. Each User acknowledges that he/she benefits from an autonomous and congruous advantage and added value by Registering on the Site and/or using the Tools, also by virtue of the expenses incurred for the creation, maintenance and management of the same. Therefore, the User declares and guarantees to ASDM and/or any other company of the ASDM Company its interest in assuming such indemnities.

9. Assignment of contracts – receivables

9.1. It is forbidden for Users to transfer these Regulations and/or the related Services to third parties, in whole or in part, also pursuant to Article 2558 of the Italian Civil Code.

9.2. ASDM may assign to third parties, in whole or in part, these Regulations and/or the related contractual rights and/or credits regarding Services, also pursuant to Article 2558 of the Civil Code, and, in this case, Users hereby give their unconditional and irrevocable consent, also pursuant to art. 1264 and 1407 of the Civil Code.

9.3. In the event of assignment of the Regulations – and/or the related contractual rights regarding Services – by ASDM, the third-party transferee replaces the latter as of the date indicated in the notification of the assignment (which the Users expressly acknowledge and accept, which may take place in the manner referred to in the introduction, sub d).

10. Miscellaneous

10.1. In the event of any conflict between the Rules and the FAQs, the latter shall prevail.

10.2. The use of terms and expressions in the singular does not exclude that they can also be understood in the plural and vice versa, where the context allows it and this responds to the will of the Parties.

10.3. In these Regulations, the reference to Articles and Paragraphs shall be understood as referring, respectively, to articles and paragraphs of the Regulations themselves.

10.4. The titles of the articles of the Regulation and any other heading, including in the FAQs, are for identification purposes only and therefore cannot be taken into account for the purposes of interpreting Articles and Paragraphs of the same.

10.5. Capitalized terms have the meanings given to them in the clauses of these Regulations.

10.6. These Regulations represent the sole and exclusive agreement between ASDM and the Users relating to the use of the Site and the Tools.

10.7. Any invalidity or in any case ineffectiveness of any of the provisions of these Regulations, in any case, will leave intact the other legally and functionally independent agreements, without prejudice to the provisions of art. 1419, paragraph I, of the Civil Code.

10.8. If a provision of these Regulations is declared or deemed illegal, unenforceable or void, the same must be corrected by amending such provision in order to make it legally valid and enforceable and at the same time preserving its intent, or if this is not possible, by replacing it with another that is valid and enforceable and that achieves the same objective.

10.9. Any failure to assert one or more of the rights provided for in these Regulations cannot be understood as a definitive waiver of such rights and will therefore not prevent the punctual and rigorous fulfillment of such rights from being required at any other time.

10.10. These Regulations will continue to produce effects for Users, even after the cancellation of the Account, for all those clauses from which obligations arise intended to survive the cessation of its effectiveness between the Parties.

10.11. Any objective and/or subjective changes to these Regulations, as well as any additions to them, must be expressly agreed in writing.

11. Applicable law – Jurisdiction and Competent Court

11.1. The law applicable to these Rules is Italian law, excluding the application of conflict of law rules.

11.2. Any disputes that may arise in relation to the content of these Regulations – i.e. any question relating to its existence, validity and/or effectiveness, its interpretation, its execution, its resolution or termination for any reason, … etc. – and/or the use of the Tools, as well as any element related to the same, will be devolved exclusively to the Italian judicial authority and, specifically, to the exclusive jurisdiction of the Court of Turin, to the exclusion of any other court otherwise competent.

ANNEX A

AGREEMENT / RELEASE FOR THE USE OF PHOTOGRAPHIC / AUDIO-VIDEO IMAGE

WHEREAS,

  • ASDM S.r.l., with registered office in Corso Alessandro Tassoni, 31/A – 10143 – Turin (TO) (hereinafter also the “Data Controller“), on the occasion of the relationship between you and the Data Controller (hereinafter, the “Relationship“) and/or in view of events promoted or organized by the latter, or in which the Data Controller has been involved, for any reason (hereinafter, the “Events“), may collect photographs and/or audiovisual material containing your image and/or voice (hereinafter “Audio-Video Content“);
  • the Audio-Video Content may be used for publication and/or dissemination in any form (e.g., on the Data Controller’s websites — in particular, on the website currently accessible at the address https://www.toget4u.com/ –, in printed paper — including internal brochures, brochures and magazines — and/or on any other means of dissemination, including social networks and/or similar platforms and/or search engines) of the Data Controller’s activities, for purposes of an informative, advertising and promotional nature and for the related archiving and/or research and/or consultation, including on search engines;

The undersigned _____________, residing in via ___ città _____________, prov. _ born / born in _____________ on ___ (hereinafter, the ” Data Subject“; with the Data Controller, the ” Parties“), hereby

AGREES WITH THE DATA CONTROLLER, ALSO PURSUANT TO ART. 10 COD. CIV. AND 96 OF LAW 633/1941 AND SUBSEQUENT AMENDMENTS.

the exploitation, also through non-exclusive and free licensing, of the Audio-Video Contents, certainly including the use, processing, modification, transformation, publication, adaptation and dissemination of the same, without territorial limits, for a period of five years. It is understood that, three months before the expiry of this period, each of the parties will have the right to send a notice of termination by registered mail with return receipt, to the addresses indicated in this agreement (or to the subsequent addresses that will be transmitted, from one Party to the other, in the same manner) and that, in the event of failure to promptly receive such termination within the aforementioned term, this agreement/release (hereinafter, the “Release“) shall be deemed automatically renewed for a period of equal duration, under the same conditions, and so for each subsequent expiry. The Data Subject declares, therefore, under his/her personal responsibility, to be of legal age and the owner of all rights relating to the Audio-Video Contents, including those of economic exploitation, and to be aware and accept that the same or part of them:

  • they may also be published on websites owned or available to the Data Controller, or in documents, brochures, magazines and pamphlets, intended for distribution outside the Data Controller for institutional representative purposes, and/or any type of digital and/or paper support, as well as they will be indexable (and, therefore, accessible) also through search engines;
  • they may also be published through social networks and/or similar platforms, including through the Data Controller’s accounts /pages on such platforms (by way of example but not limited to: Facebook, Instagram, LinkedIn);
  • will be preserved for the creation of a historical archive of the Events.

The Data Controller also specifies that it assumes no responsibility in the event of improper and/or unlawful use of the audio-video Content, which may be carried out by third parties, and declines all responsibility in this regard. The Data Subject also acknowledges that the use and/or concession of the Audio-Video Content is to be considered included in the scope of the Relationship and/or intrinsically connected with participation in the Events and therefore confirms that he/she has nothing to claim, for any reason whatsoever (including compensation and/or resolving), by reason of what has been agreed above and, in any case, to irrevocably waive any right, action or claim arising from the above. The Data Subject also confirms that he or she has read the Privacy Policy pursuant to and for the purposes of art. 13 – 14 of European Regulation 679/2016, made available at the following address toget4u.com/en/privacy-policy/

The Parties agree that this Release is governed, to all intents and purposes, by Italian law and that for any dispute in any way occasioned by the Release itself, including its stipulation, interpretation, execution and/or termination, for any reason, the Court of Turin shall have exclusive jurisdiction, to the exclusion of any other court of any other jurisdiction.