GENERAL TERMS & CONDITIONS OF SALE

 

1.  PREMISES AND WARNINGS

1.1.  These General Terms and Conditions of Sale apply to all users and visitors of the Website https://digitechcircle.com owned by the Company GLOBALTECH SOLUTIONS SAGL with registered office in via Zurigo, 35 6900 Lugano, Switzerland, CHE-263.881.170 and are intended to define the terms of use of the Site and the conditions of purchase and supply of goods and services in a binding manner for the user-purchaser.

1.2.  The Site is aimed exclusively at users and individuals who purchase the goods and services offered by the Company on the platform from the Site. Buyers agree to be bound by these General Terms and Conditions of Sale. The purchase of goods and services implies and constitutes in any case the tacit acceptance of these General Terms and Conditions of Sale.

1.3.  These General Terms and Conditions of Sale shall apply to all purchases made by Buyers, without prejudice to any special conditions of sale that may be specified for the individual goods and services supplied.

1.4.  The Purchaser may not use the Site from a browser that, by its nature or for additional applications, inhibits in any way the advertisements provided by the Site. In order to register on the Site and use the goods and services, the Buyer must be at least 18 years old and have the capacity to validly conclude contracts, under penalty of ineffectiveness of the registration which cannot be accepted. In the event that the age requirement is not met or false information is provided, the Company cannot be held responsible for the registration and for the consequent actions, omissions and consequences.

1.5.  The Company offers goods and services in the field of information and training in the field of Digital Marketing, in particular it offers, for example, training products, coaching sessions, business forums, training experiences, information and dissemination meetings, investor matchmaking meetings, digital advertising, personal branding, books, magazines, online and live courses aimed at facilitating the Buyer in the acquisition of personal awareness in the field of commerce and/or marketing. consultancy and/or business, so as to allow the same to acquire both theoretical and practical elements that can facilitate his autonomy in the choice of digital tools and the ability to develop a critical judgment with respect to the solutions on the market.

1.6.  The Company’s training offer is aimed solely and exclusively at users who are already familiar with the basic tools of commerce and does not provide specific consulting solutions relating to real cases, neither standard nor customized, but only general advice, aimed at avoiding the most frequent errors found among operators in the sector.

1.7.  The Purchaser’s awareness path is articulated on several levels and each course is subject to these general conditions and to any particular conditions specified for the individual course. Participation in the courses does not imply the prior attendance of other courses, unless clearly communicated on the purchase page.

1.8.  The Purchaser declares to have read these General Terms and Conditions of Sale and all the information relating to the goods and services, in particular the courses, received by email and present on the respective purchase pages, from which the characteristics and details of the same are derived.

1.9.  The courses are intended for Buyers who want to acquire information about Digital Marketing.

1.10.  Participation in the courses does not in any way guarantee the user certain prospects of earning or increasing the current business. Any successful examples provided to the courses do not in any way constitute a promise of future earnings but merely didactic demonstrations.

1.11.  The Purchaser, before making any application of the contents learned in the courses, is required to verify the correctness of the information acquired through the courses, given the fact that the same, due to their intrinsic nature, may be subject to variation/obsolescence. The Buyer shall not hold the Company liable in any way for any loss or damage or, in any case, any loss of profit that may arise directly or indirectly from the use or interpretation of the information acquired during the courses.

1.12.  The Buyer assumes full responsibility for every action and decision it takes, expressly indemnifying the Company and its coaches from claims concerning any loss, damage and/or prejudice that the Buyer may suffer as a result of its own transactions.

1.13.  These terms apply where there are no other specific terms and conditions for specific goods, services and offers.

2. PROPERTY

2.1.  The https://digitechcircle.com Site, the DIGITECHCIRCLE.COM | TECH BLOG and all goods and services provided through the Site are the exclusive property of the Company GLOBALTECH SOLUTIONS SAGL and all rights not granted to the Buyers in these Terms of Sale are reserved to the Company itself, as also better specified in the following of these conditions.

3. GOODS AND SERVICES

3.1.  The Company sells the following goods and services through its Website:

      1. Video courses or online lectures and streaming;
      2. Tickets for informational, training, dissemination events and live courses or lessons;
      3. Books, magazines, dossiers, publications, brochures, inserts and other paper and digital document resources;
      4. Subscription services;
      5. Coaching sessions;
      6. Access to restricted access channels, contacts, blogs, forums and meetings;
      7. Promotion of third-party activities, sale of space for advertising banners and/or assistance for the creation of a company website for the marketing of its own products.

3.2.  The offer may be updated, implemented and/or modified at any time at the Company’s discretion. In such cases, any orders for goods and/or services that are no longer available will be promptly redirected to alternative proposals that are equivalent to the content of the offer in which the user has expressed interest.

4.  ACCOUNT REGISTRATION & LICENSE

4.1.  Access to and use of the Company’s goods and services necessarily presupposes and entails registration on the Site by the Buyer and payment for the goods and/or services requested, the methods of which may vary depending on the type of offer to which he is adhering.

4.2.  On the basis of the goods and services purchased, only the Purchaser who is the holder of the registered account acquires the license to use it, therefore, he is required to store the access data in a secure way, preventing others from accessing them. The license includes:

      1. carry out the activities of viewing the courses and the use of the services personally;
      2. not to transfer or make accessible the goods or services to third parties;
      3. not store the course content locally on your device or in any other way;
      4. not to perform any action that could be considered reverse engineering on the material at its disposal provided by the Company through the Site platform;
      5. not to disclose information learned during the courses, not to transmit to others and not to carry out or have others take courses based on such documentation.
      6. purchase tickets for live events and streaming independently and aimed at personal use and not carry out any resale activity.

4.3.  Any conduct contrary to good faith on the part of the Buyer, as well as the violation of the aforementioned obligations and prohibitions, the list of which is to be considered non-exhaustive, cannot in any way be considered tolerated by the Company as it is likely to compromise its image, honor and decorum, establishing the exclusive responsibility of the Buyer and the right of the Company to interrupt the provision of the service and, if necessary, refer the matter to the Authority, as well as claim compensation for damages.

4.4.  The Buyer indemnifies the Company from any liability in the event of complaints, lawsuits, governmental or administrative actions, losses or damages arising from the use of the goods and services offered in good faith and/or illegally by the Buyer, third parties connected to it or third parties in general.

4.5.  Except in cases of wilful misconduct or gross negligence on the part of the Company, the Buyer expressly exempts the Company from any liability for direct and indirect damages, connected or even solely attributable to the services offered.

4.6.  Except as provided for in the special conditions of access to the Materials and/or services marketed for a fee through its websites, the Company does not make any representations or warranties with respect to its websites and/or platforms; All information, content, materials, and software accessible through them are provided for use on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Company disclaims all warranties and conditions, statutory, express or implied, by operation of law or otherwise, implied warranties of title, non-infringement, merchantability, and quality or fitness for a particular purpose, with respect to or in connection with the Materials and services on its websites and/or platforms. It also makes no representations or warranties about the availability of its websites and/or platforms or the absence of errors, nor does it warrant that the information on its websites and/or platforms, or other websites or platforms linked to them, will be accurate, complete or current. You expressly agree that your use of the Company’s websites and/or platforms is at your sole risk. No representation, information or recommendation, including statements regarding capacity, suitability for use or performance, made by an employee, dealer or other representative, other than contained in these TOS, shall be deemed to constitute a warranty for any purpose or give rise to liability on the part of the Company in any way, and you agree to disregard such statements, information or recommendations. In cases where the Company acts as a distributor, rather than a publisher, of materials accessible through its websites and/or platforms, it will not exercise editorial control over such materials. The views and opinions expressed in such information do not necessarily reflect those of the licensees or content providers. The Company and its content providers or licensors make no warranties or representations as to the accuracy, adequacy, truthfulness, completeness or usefulness of such information.

5. LIMITATION OF LIABILITY

5.1.  It is the sole responsibility of the Buyer to ensure interoperability between the connectivity provided by the Buyer and the platform from which the goods and services are provided. In particular, it is the Purchaser’s responsibility to have the necessary software and hardware resources to be able to use the goods and services purchased and it is also the Purchaser’s responsibility to constantly update its software and hardware resources so as not to interrupt the supply of the goods and services purchased.

5.2.  The Company shall not be liable for the malfunction of the goods and services provided resulting from breakdowns, maintenance, equipment replacements, system implementations, overloads, interruptions of telephone, electricity or Internet lines or for non-compliance by third parties that affect the use of the Service, including, by way of example:

      1. i) speed slowdowns or failure of telephone lines and computers that manage telematic traffic between the Purchaser and the Site from which the goods and services are provided;
      2. ii) difficulties or impossibility of communication, interruption in the supply of electricity, staff strikes, acts or measures of a judicial nature that inhibit the possibility of receiving, sending and processing electronic flows relating to its digital infrastructure;
      3. iii) as a result of any fraudulent and/or improper use of credit cards by the Customer;
      4. iv) in the event of unlawful access to the courses by third parties, due to the user’s lack of caution in the custody of the login and password attributed to him, or due to the absence of other security measures that the Purchaser is required to adopt.

5.3.  Furthermore, the Company cannot be held liable for non-fulfilment of its obligations deriving from causes that are not reasonably foreseeable, from impediments beyond the sphere of its direct and immediate control, or from force majeure. Upon the occurrence of one of the aforementioned force majeure events, the Company will inform the Buyer through the Website and by e-mail, together with the prospects of regular reactivation of the goods and services. Such circumstances will not entitle the Buyer to seek any refund from the Company.

5.4.  The Buyer undertakes to indemnify the Company against all losses, damages, liabilities, costs, charges and expenses (including legal expenses) that may be incurred as a consequence of any failure to comply with the obligations assumed by the Buyer with the acceptance of these General Terms and Conditions of Sale, and in any case related to the entry of information on the site; All this, even in the event of claims for damages made by third parties for any reason.

5.5.  It should be noted that the Company does not provide any advice regarding the training needs of the Purchasers in relation to the courses and lessons, consequently any responsibility regarding the correspondence between the educational content and the needs of the Buyer is entirely borne by the Buyer himself.

5.6.  The Company shall also not be held liable for Services mistakenly purchased by the Purchaser.

5.7.  The Company is not responsible for the correctness and truthfulness of the data entered by the Buyer during the registration of the account and when using the goods and services. It is forbidden for the Buyer to enter false identification data or data of third parties and it will be the responsibility of the Buyer to safeguard the access credentials and update the identification data. In the event of becoming aware of any violations, the Buyer shall notify the Company immediately.

5.8.  The Company reserves the unquestionable right to suspend or terminate the Buyer’s account, even without prior notice, for security reasons or in the event of breaches or conduct not in accordance with the contract and without the Buyer being granted any refund. In the event of termination of the account, the Buyer’s rights in connection with the purchased goods and services will cease immediately.

5.9.  The Buyer expressly agrees that any compensation requested from the Company is in any case limited to the return of the price paid for the chosen good and service, consequently, no higher amounts may be claimed for any pecuniary, economic, moral or physical or other damages.

6.  PURCHASING, PAYMENTS & BILLING

6.1.  For the purchase of goods and services on the Site, the Buyer must select the chosen product and follow the purchase procedure provided on the Site. In particular, the Purchaser shall:

      1. Carefully read the information regarding the goods and services and the general and specific conditions of sale available on the information and purchase page;
      2. Fill in the order form in electronic format following the instructions that will appear from time to time and step by step on the Site;
      3. Identify and correct, before proceeding with the transmission of the order form, any errors in the insertion of the information and personal data indicated;
      4. Accept, in point and click mode, these General Terms and Conditions of Sale and the Company’s Privacy Policy.
      5. Proceed with the payment of the goods and services for the amounts, within the terms and in the manner indicated in the purchase procedure of the Site.

6.2.  The contract is deemed to be concluded when the order form is received by the Company’s server. Once the order form has been received and registered, the Company will send to the e-mail address indicated by the Buyer a summary of the order containing:

      1. a summary of the General and Specific Terms and Conditions applicable to the Contract;
      2. essential information relating to the goods or services purchased;
      3. a detailed indication of the actual price, the means of payment used and any additional costs;
      4. information relating to customer service contacts that the User may contact to request assistance and/or make complaints.

6.3.  Once the purchase has been made, the Company will, depending on the product purchased:

      1. to make the purchased goods and services accessible on the Buyer’s Reserved Area; and/or
      2. to ship the purchased goods to the Buyer; and/or
      3. to communicate the admission tickets for Events, courses, Live lessons; and/or
      4. to put the Buyer in touch with the coach to schedule coaching sessions.

6.4.  The sale price of the goods and services is indicated on the Site and the Buyer undertakes to pay the amounts and prices of the goods and services indicated, unless otherwise specified, at the time of purchase, with consequent confirmation within the shopping cart and the “checkout” page using one of the permitted methods. Failing that, the Company reserves the right not to provide the goods and services requested or to suspend access to the goods and services until full payment has been made, without prejudice to the Company’s rights of withdrawal pursuant to art. 7.

6.5.  In the absence of any other specific indication of the payment term, the deadline is set within ten days from the conclusion of the purchase procedure referred to in art. 6.1 et seq.

6.6.  In the event of non-compliance with the payment terms, the Buyer is automatically in default, without the need for any formal notice.

6.7.  Failure to comply with the payment terms may result in the forfeiture of promotional discounts, bonuses or other favorable conditions that may be recognized.

6.8.  The Company has the right to unilaterally change the price of goods and services at any time, it being understood that the price charged to the Buyer will be the one indicated on the Site at the time of purchase.

6.9.  The Company may propose, for a predetermined period of time, promotions and offers for goods and services marketed on the Site. When you use your Account, the price offered for a particular good or service may be different from that offered to Buyers who are not yet registered, as some promotions are only available to new Buyers.

6.10.  The method of purchase for the Services is indicated in the purchase process and can only be done through:

  • PayPal: via checkout page with term summary email
  • Stripe: specifically, the Company allows a split payment service in the following way:
    1. if you wish to pay through Stripe, you may request the Company’s management to split the payment into several instalments in instalments
    2. the Company’s administration will decide whether to accept and, if so, will authorise the payment (by bank transfer or credit card) in accordance with the agreed procedures.
    3. If the user chooses the split payment option through Stripe, in agreement with the company, he will have to pay, in addition to the amount of the service purchased, a surcharge equal to 3%, by way of interest, of the total amount.
    4. This amount, expressed as a percentage of 3%, may be deferred in the various payment tranches or paid in advance to the Company.
  • Credit card: the Company provides the possibility of one-time payment by credit card. If the Buyer chooses to pay by credit card, it will be his/her responsibility to make sure with his/her issuing bank that it is enabled for web purchases, to make sure that he/she enters all the data correctly and that he/she has the password of the Verified by Visa and SecurCode by Mastercad security circuits. The cards accepted are Visa, Visa Electron, PostePay, Mastercard, American Express, Diners Club International.
  • Bank transfer: the Company provides the possibility of single payment by bank transfer only and exclusively for the purchase of courses or tickets with a value equal to or greater than CHF 1,000.00. In case of payment by bank transfer, the Company will process the order only after receiving evidence that it has been credited to its current account.

6.11.  The price paid never includes transport costs, travel costs, main meals and any overnight stays, except in cases where this is explicitly indicated on the purchase page of the Site.

6.12.  The Company, at its own discretion, may refuse the order received by giving notice in the same manner as it sends the order confirmation communication.

6.13.  In the case of digital goods and services, the delivery of the product, as soon as it is available, will take place through the download of the purchased material or through the redirection to the registration page of the portal that allows you to use the goods and services or to the platform that allows access to the area reserved for members. Therefore, delivery takes place immediately after the completion of the order process and upon completion of the payment procedure.

6.14.  All prices indicated on the services or products pages of the Site are expressed in CHF and are inclusive of taxes.

6.15.  Selling via the internet is not subject to the issuance of a receipt. The system automatically generates and sends the purchase receipt to the Buyer. On the other hand, the invoice will be issued only upon request to be made by e-mail to info@digitechcircle.com within 15 days. In the e-mail it will be necessary to communicate all the mandatory data for the issuance of the same.

7. RECESS AND RIUNCISE

7.1.  The Buyer does not have the right to withdraw from the goods and services purchased. This also applies in the cases provided for in Article 7 above.

7.2.  The Purchaser has the right at any time to request the cancellation of his/her account and the cancellation of his/her registration for access to the goods and services purchased. The request must be addressed by e-mail to info@digitechcircle.com and will be free of charge, but the Buyer will not be entitled to any refund for unused goods and services.

7.3.  Without prejudice to the specific provisions of these General Terms and Conditions of Sale, the Company reserves the right to withdraw at any time in the event of non-compliance with payments or in the event of violations or conduct not in accordance with the contract by the Buyer, without this entailing any obligation to reimburse and reserving the Company’s right to compensation for damages.

8. INTELLECTUAL PROPERTY OF THIRD-PARTY MATERIALS

8.1.  The contents of the Site, including but not limited to content, texts, images, videos, any graphic representation and text in general, photographs and videos are protected and safeguarded by current regulations on copyright and intellectual and/or industrial property and are the exclusive property of the Company.

8.2.  The goods and services sold on the Site are an exclusive creation of the Company and as such are subject to copyright and property protection in general. In addition, the information and materials relating to the goods and services provided are processed, reviewed and updated with accuracy, completeness and adequacy, thanks also to the support and specialist advice offered by highly qualified professionals, in the design and implementation of teaching material.

8.3.  The Purchaser is prohibited from using and reproducing intellectual property content of any kind attributable to the Company for any reason. Any violation will be prosecuted according to the applicable legislation.

8.4.  The Buyer acknowledges that the Company’s intellectual property rights are and remain the exclusive property of the Company and that the use of the intellectual property described above is permitted only within the limits and under the conditions of the Company’s authorized license of use as described in art. 4.

8.5.  The material contained in the Site is protected by copyright. No page or content of the Site may be reproduced, even partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior and express written authorization of the Company.

8.6.  The Buyer undertakes, therefore, to respect the rights of the Company and not to compromise in any way the exercise of such rights by the legitimate owners. The Company reserves the right to terminate the accounts of Buyers who infringe the Company’s proprietary rights and to take any other action to protect its rights and interests.

9. CONFIDENTIALITY AND NON-COMPETITION AGREEMENT

9.1.  The goods and services, in particular the teaching and training material relating to the courses and lessons, are the exclusive property of the Company; therefore, they may not be used by the Purchaser for purposes other than direct use for personal training purposes.

9.2.  The Purchaser undertakes not to disclose, even if only free of charge and/or non-commercially, educational materials and information, including methods and processes, of which it has come into possession or knowledge from the Company, not to make audio-video recordings, not to carry out or have third parties carry out, including through the establishment of companies, courses or seminars in direct or indirect competition with the activities carried out by the Company. The prohibition is valid for 5 (five) years following the purchase of the goods and services and limited to the entire Italian territory (including the Vatican State and the Republic of San Marino) and Switzerland. When purchasing a good or service, the Buyer is obliged to report to the Company whether it has carried out or is carrying out activities directly or on behalf of entities in competition with the Company.

9.3.  In the event of violation of even one of the provisions of this article, the Buyer hereby undertakes to pay the sum of CHF 100’000.00 as a penalty, without prejudice to compensation for any greater damages and without prejudice to the Company’s right to proceed as a precautionary measure to request the interruption of the injury and the removal of its effects.

10.  USER RESPONSIBILITIES

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company from any and all claims, costs, demands, damages, losses, expenses and liabilities of any nature whatsoever (including any legal or professional costs and costs of defense or prosecution of any claim), incurred or suffered, directly or indirectly, as a result of any act or omission that you or any of your agents,  contractors, employees or representatives of the user have committed in violation of these TOU or any rights of third parties or any applicable law or regulation for the use of the Websites and/or other platforms or their content.

11. COMMUNICATIONS

11.1.  For all communications to the Company concerning the use of the goods and services purchased, as well as for all matters relating to technical assistance on the use of the Site, the Purchaser may directly use the functions present within the Site or contact the Company at the following e-mail address: info@digitechcircle.com.

11.2.  The Company will use and send to the Buyer all communications due under these General Terms and Conditions of Sale through the system integrated with the registered account or the e-mail address registered at the time of purchase of the goods and services.

12.  FINAL PROVISIONS

12.1.  The Company reserves the right to modify these General Terms and Conditions of Sale at any time, giving notice by e-mail to the Buyer in the same manner as the order confirmation. Such changes shall be deemed to have been accepted by the Purchaser if:

      1. the Buyer makes a purchase of a good or service after these terms have been amended;
      2. the Buyer does not make any dispute and keeps his/her membership active after 10 days from the e-mail notice.

12.2.  The failure of the Company to exercise one or more of the rights of these General Terms and Conditions of Sale or the tolerance of conduct contrary to the aforementioned conditions does not constitute a limitation or tacit waiver of the rights and faculties of the Company and may enforce them at any time.

12.3.  The invalidity of one or more provisions of these General Terms and Conditions of Sale shall not affect the validity of the remaining provisions contained therein and shall not result in their forfeiture. The affected provisions will be replaced by similar conditions which, according to law, practice and usage, reflect the meaning, purpose and nature of the affected provisions.

12.4.  The Purchaser confirms that he/she has had the opportunity to carefully read and archive the General and Specific Terms and Conditions of Sale on a durable medium. In addition, he/she has been expressly informed of the conditions highlighted by the Company in articles 1 (Premises and Warnings), 4 (Account Registration and License of Use), 5 (Limitations of Liability), 6 (Purchase, Payments and Invoicing), 7 (Face-to-face Activities), 8 (Withdrawal and Waiver), 10 (Non-Confidentiality and Non-Compete Agreement), 11 (Assignment of the Contract and Subcontracting), 15 (Applicable Law and Forum).

13. PROCESSING OF PERSONAL DATA

13.1.  The Buyer agrees that the Company may process, store, transfer, record, modify and delete any data provided by the Buyer to provide the services and goods requested. The Buyer agrees that his/her personal data may be transferred to other group or external companies, within and outside Switzerland, and that it may be processed or stored by third parties.

13.2.  The Buyer accepts that the data provided to the Company may also be processed for the purposes of promotion, marketing and user profiling.

13.3.  For any details in relation to the processing of personal data and the management of cookies, please refer to the specific information at the link: https://digitechcircle.com/cookie-policy/.

14. APPLICABLE LAW AND JURISDICTION

14.1.  These General Terms and Conditions of Sale and all purchases made through the Website are governed by Swiss substantive law, to the exclusion of the rules of private international law and any international convention.

14.2.  In the event of a dispute arising out of or in connection with these General Terms and Conditions of Sale and purchases from the Site, the Company undertakes to make an attempt with the Buyer to resolve the matter amicably according to the principles of cooperation and good faith. In the event of an unsuccessful outcome, any dispute shall be subject to the exclusive jurisdiction of the Swiss court, Court of Lugano, to the exclusion of any other competent court.