Terms and Conditions
The terms and conditions under which Nora Pezzoli offers users access to its services available on the Country Linedance application are described below.
To ensure full understanding and acceptance of these terms and conditions, the following terms, in the singular and the plural, will have the meaning as shown below:
Owner: Nora Pezzoli, Viale Monte Ceneri 29, Milan, Italy, tax code PZZNRO69P41F205K, e-mail address firstname.lastname@example.org (herein after the “Owner”).;
Application: the Country Linedance application, managed by the Owner, offering choreographic consultation and audio musical recognition;
Services: the products and/or services offered, and which can be purchased through the application:
- Credits: credits purchased, with the possibility of purchasing packages, and used as chips for the recognition of music tracks;
- Unlock favourites: service purchased to be able to save an unlimited number of choreographies and songs in the “Favorites” section of your Personal Account.
User: the subject who accesses the application, without distinction of legal status and objective pursued, interested in the contents and services offered through the Application;
Consumer: the natural person who is acting for purposes which are outside his/her business, craft or profession;
Third-Party Supplier: the natural or legal person who, acting in the course of its trade, business, craft or profession, provides services through the application;
Terms: this contract which governs the relations between the Owner and the Users and the sale or provision of services offered through the application;
Relationships between the Owner, Third-Party Suppliers and Users
These Terms govern exclusively the relationships between the Owner of the Application and the Users and they do not apply to the relationships between the Users and Third-Party Suppliers.
The Application connects Third-Party Suppliers with Users interested in purchasing goods and/or receiving services.
The Owner is not part of the relationship which will be created between the Users and Third-Party Suppliers. Any contract entered into between Users and Third-Party Suppliers is not subject to these Terms and shall not involve the Owner in any way.
Stipulation, conclusion and effectiveness of the Terms
The Owner may change or simply update these Terms, all or in part. The User acknowledges and accepts that any changes to these Terms will apply to access made by Users after the date of notification of amendment of the Terms. The User is therefore invited to view the Terms at each access and we suggest you print a copy for future consultation. Download
The User is responsible for safeguarding his/her access credentials. The User may change his/her login password at any time. If you lose your password, you can always retrieve it via the special link on the Login page.
It is acknowledged that under no circumstances may the Owner be held liable in the event of loss, dissemination, theft or unauthorised use by third parties, for any reason whatsoever, of Users’ access credentials.
Account cancellation and closure
Registered users can stop using the application and disable their accounts or request their deletion by sending a written communication to email@example.com
The Owner, in case of improper use of the services purchased or violation by the User of these Terms or applicable laws, reserves the right to close the User’s account at any time and without notice.
Purchases on the Application
The purchase of one or more Services via the Application is permitted both to Users who are Consumers and to Users who are not Consumers.
In accordance with article 3, first paragraph, letter a) of Legislative Decree 206/2005 (“Consumer Code”), it should be remembered that the status of Consumers includes natural persons who, in relation to the purchase of Services, act for purposes unrelated to any entrepreneurial, commercial, professional or artisan activity carried out.
The purchase and related use of one or more Services via the Application is only permitted to Users who are at least eighteen years old.
The Owner undertakes to describe and present the Services sold on the Application in the best way possible. Nevertheless, there may be some errors, inaccuracies or minor differences between the description of the Services themselves and the Service provided.
Prices and payments
The Owner reserves the right to change the price of the services at any time. It is understood that any changes will in no way affect purchases already made before the change.
The sales prices of the services include VAT, if due; any other tax to be paid by the User will be indicated before confirmation of purchase.
The User undertakes to pay the price of the service purchased in the timescales and ways indicated in the application and to communicate all the data necessary to make the proper provision of services purchased possible.
The application uses third-party tools (Google Play and Apple Store) to process payments and does not come into contact in any way with the payment data provided (credit card number, name of holder, password, etc.).
If such third-party tools should deny payment authorization, the Owner will not be able to provide the Services and will not be responsible for any delay in the provision of the same.
In no case will refunds be provided for Services already purchased.
The contents and/or Services provided on the Application are made available to the User on the basis of the terms and the licences that the Application uses to listen to the songs and link choreographies.
The contents and/or the materials available on the Application are protected by copyright, by other rights conferred by copyright law (related rights, database rights, etc.) and/or by other applicable laws.
Right of withdrawal
The right of withdrawal can be exercised by requesting the cancellation of your account previously registered.
Cancellation of the account does not entitle you to a refund of the price you paid to purchase voice recognition credits or to purchase “Unlock Favourites”.
The User can withdraw from the contract, cancelling the account by sending an e-mail to the following address: firstname.lastname@example.org. There is no refund available, also in this case, for credits already purchased or for the service “Unlock Favourites”.
The Application is provided “as is” and “as available” and the Owner neither provides any explicit or implicit warranty relating to the application, nor provides any guarantee that the application will be able to meet the needs of the Users, nor that it will never experience interruptions, nor be error-free, nor be free of viruses or bugs.
The Owner will ensure that the application does not present any margin of error in the data entered and in the recognition phase of the music tracks. Nevertheless, in the event of an error in the recognition of a piece, the User accepts and acknowledges that the recognition of the piece is not carried out directly by the Application but by the third-party services which it is linked to and, by acknowledging and accepting this margin of error, accepts that no credit deducted for recognition will be refunded and that no refunds or free credit will be granted.
The Owner will ensure that the Application is available continuously 24 hours a day, but it shall not be held responsible if, for any reason, the Application is not accessible and/or functioning at any moment or for any period. Access to the Application can be suspended temporarily or without warning in the event of system failure, maintenance, repairs or for reasons outside the control of the Owner or due to force majeure events. The Owner does not guarantee, therefore, uninterrupted availability of the Service.
The application may be changed, suspended or interrupted at any time and aspect, including the availability of any function, database and content. Limits could also be imposed on some functionality and services or access to parts or all Services without any liability.
In the event of abuse or improper use by the User of the Application, the Owner may, without notice and without any right to reimbursement towards the User, cancel the same.
In the event of termination of the Services and cancellation of the Application, it is declared, and the User accepts, that no refunds will be made for purchases of packages and credits already purchased or for the “Unlock Favourites” service.
The Owner will endeavour to notify, well in advance, the date of closure of the Application and will ensure that the User can use all the credits purchased and will not allow, during the notice period, the purchase of new packages.
After this date, no refunds will be made on any credits that still exist and have not been spent by the User or on the “Unlock favourites” service.
Continued use of the Application and/or Services may require you to download new versions of software that have different functionality and may have different licence terms.
You agree not to assign, transfer or transmit any text to any third party. You agree that you shall not seek or do anything to defeat, circumvent, or circumvent any efforts that may be made to protect the texts from any unauthorized use.
Limitations of liability
The Owner cannot be held liable towards the User, except in the case of wilful misconduct or gross negligence, for service failures or malfunctions related to the use of the Internet beyond its control or the control of its subcontractors.
Furthermore, the Owner shall not be liable for damages, losses and costs suffered by the User as a result of the non-performance of the contract for reasons not attributable to it.
The Owner does not assume any liability for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment when paying for services purchased, if it can show to have taken all possible precautions based on the best knowledge and experience at that time and ordinary diligence.
The User commits to indemnify and hold harmless the Owner (as well as any subsidiaries or affiliates thereof, its representatives, contractors, consultants, directors, agents, licensees, partners and employees) from any obligation or liability, including any legal expenses incurred to defend itself in court, which may arise in respect of damage caused to other Users or third parties, in relation to the uploaded content or violation of the terms of the law or the terms of these Terms.
Therefore, the Owner will not be liable for:
- any losses which are not a direct result of the violation of the contract by the Owner;
- any loss of business opportunity and any other loss, also indirect, potentially suffered by the User (such as, by way of example but not limited to, business losses, loss of expected revenues, income, profit or savings, loss of contracts or business relations, loss of reputation or goodwill, etc.);
- incorrect or unsuitable use of the Application by the User or third parties;
- the issue of incorrect tax documents due to errors in the data provided by the User, since the latter is the only one responsible for correct entry.
The Owner shall not be liable for failure or delay in the performance of its obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond its control such as, by way of example but not limited to, faults or interruptions of telephone or electrical lines, the Internet and/or in any case other transmission equipment, the unavailability of websites, strikes, natural phenomena, viruses and cyberattacks, interruptions in the delivery of third-party products, services or applications.
Fulfilment of obligations by the Owner shall be considered suspended for the period in which events of force majeure occur.
The Owner will take any action within its power to find solutions which allow the correct fulfilment of its obligations despite the persistence of force majeure events.
Links to third-party websites
The Application contains links to its own websites and those of third parties. The Owner does not exercise any control on third-party websites and, therefore, it is not in any way liable for the contents of these websites.
Some of these links could redirect you to third-party websites which provide services through the Application. In these cases, the general terms for the use of the website and use of the services made available by third parties will apply to the individual services, for which the Owner does not assume any responsibility.
No waiver by either party of a paragraph of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.
Invalidity of individual clauses
If any provision of these Terms is found to be illegal or invalid, it will not be considered part of these Terms and it will not influence the remaining provisions which will continue to be valid to the fullest extent permitted by the law.
Applicable law and competent court
These Terms and all disputes relating to their execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court where the Owner’s office is located.
If the User is a consumer in accordance with article 3 of the Consumer Code, the courts of the consumer’s place of residence or domicile have mandatory territorial jurisdiction, if located in the territory of the Italian State, except for the right of the User-consumer to bring an action in a court other than that of the ” court of the consumer ” according to article 66 bis of the Consumer Code, having jurisdiction for the territory according to one of the criteria set out in Articles 18, 19 and 20 of the Civil Procedural Code.
Online dispute resolution for consumers
Consumers living in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool may be used by the Consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the Internet via out-of-court procedures. Consequently, the Consumer may use this platform to resolve any dispute arising from the online contact stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/