Terms and Condition

WansportTerms and Condition

Terms and conditions

Review: A.

Date of last revision: March 4, 2023.

1. Introduction

1.1 Main definitions

2. Object of the contract

2.1 Contracting parties and object of the contract

2.2 Role of Wansport.com

2.3 Terms and conditions of participation

3. Registration

4. Your Health

4.1 Terms and conditions affecting your health

4.2 It does not replace medical advice

4.3 Health Disclaimer

5. How to use Wansport.com

5.1 Wantsport.com by Host

5.2 Wansport.com Premium

5.2.1 Wansport.com Premium Membership

5.2.2 Activation of Wansport.com Premium Subscription services

5.2.3 Term of Wansport.com Premium Membership and Automatic Renewal

5.2.4 Payment Terms and Conditions

5.2.5 Special Offers and Promotions

5.2.6 Special Services

5.3 Complimentary Gadgets

5.4 Wansport.com Premium Gift Cards and Discount Codes

5.4.1 Purchase of Gift Cards

5.4.2 Use of the Gift Card

5.4.3 Discount Codes

6. Consumer’s right of withdrawal

6.1 Effects of withdrawal

6.2 Withdrawal Form

7. Liability

7.1 Disclaimer

7.2 Availability of Services and Errors

7.3 Exclusive responsibility of the Host for the Wansport.com by Host activity

8. Usage rights to Wansport.com content

9. Rights of Wansport.com

10. Prohibitions for the User

11. Fraud Protection

12. User Uploaded Content

12.1 Protection of Uploaded Images

12.2 No Uploading of Third Party Images, Prohibited or Offensive Images or Nudity Images

12.3 User Responsibility for Images

13. Term, Termination and Cancellation

14. Personal data

15. Consent to data processing

16. Online Dispute Resolution

17. Changes to the Terms and Conditions

18 Applicable law, language and forum

19 Safeguard clause

20. Contacts

21. Option to save and revise contract language

1. Introduction

Wansport.com is a platform for searching facilities and online booking of sports activities, which allows you to practice your discipline in centers affiliated to the service, allows Users, sports centres, trainers, organizers of tournaments and events to get in touch quickly, and provides the IT communication and data management tools for the purchase of services by Users and for the use and management of reservations in the various ways.

The Wansport.com Platform is accessible to Users via the website, an application for smartphones and tablets, and any other channels (such as, for example, apps for smart TVs or other similar devices) and is managed by the company Enterprise Digital Solutions s.r.l. (with registered office in Bari, Via Fratelli Mannarino 37, and email address info@wansport.com). These Terms and Conditions establish the legal framework for the use of the services we offer. Therefore, please read these Terms and Conditions carefully because by registering on Wansport.com using the services we offer you accept all the rules set out below. In fact, it will not be possible to register and use the products and services of Wansport.com without acceptance.

These Terms and Conditions will be valid until the current version effective from 04.03.2023 is canceled or modified, even without notice.

1.1 Main definitions.

Platform: means all communication and operational tools between Wansport.com, Users and Sports Centers including, among other things, the “Wansport.com” website, other Wansport.com websites, applications for devices mobile available for example on iOS or Android and other possible tools such as applications for smart TV or similar.

User: means the person who registers on the Platform in order to make reservations (or in any case not to perform the activity of host) and who uses the Wansport.com platform to access resources, offers, fields, events and any activity sports and not made available by sports facilities, and purchase services.

Sports Center or Sports Facility or Host: on the other hand, it is the natural or legal person who uses the Platform to manage their business, i.e. allow Users associated with the same to sell their sports services, to manage and follow events and tournaments, provide the information necessary for the marketing of club memberships, membership fees, courses and season tickets for booking pitches, halls and activities and any other product or service that the sports club itself is authorized to provide according to the laws established in the country/nation in which it operates. The host can therefore be a sports club, a gym, a fitness center, a club, a single trainer, teacher and instructor identified as freelancers. Each Host affiliated to the Wansport.com Manager service can use the Platform in a different way depending on the functions and procedures made available in the purchased software license.

Application Stores: these are the virtual stores from which applications can be downloaded and through which purchases and payments can be made or subscribed to. For example, it is the Apple App Store or the Google Play Store or other stores such as those included connected to Smart TVs or other similar devices.

Wansport.com Manager: is the management service dedicated to sports facilities for the management of their business offered with a SaaS user license.

2. Object of the contract

2.1 Contracting parties and object of the contract

The Terms and Conditions represent the basis of the usage contract stipulated between the User and our company, Enterprise Digital Solutions s.r.l. (hereinafter also “the company” or “we”). The object of this contract is the use, free of charge or for a fee, of the services offered on the Platform under the name Wansport.com (hereinafter referred to as “Wansport.com Services” or in general “Wansport.com”).

2.2 Role of Wansport.com

Wansport.com services can be advertised and sold directly by a Host (also through the Wansport.com Platform) but, where specified, they can be sold directly by Wansport.com as in the case of the Wansport.com Premium subscription service. In the first case, Wansport.com operates as a simple intermediary and provides the Hosts with the tools and IT structure useful (among other things) to provide their services, communicate, manage data, manage payments and get in touch with new customers .

In the first case, the recipient of the payments is not Wansport.com but is the Host, even when the payment is made on the Platform. Wansport.com cannot under any circumstances be held responsible for the contents and services provided by the Host to the User.

2.3 Terms and conditions of participation

Opening a User profile and using the Wansport.com Services requires a minimum age of 18 years and full legal capacity.

Wansport.com is intended for consumer Users only. According to the legal definition, a consumer is any natural person who enters into a legal transaction for reasons that cannot be predominantly attributed to either his commercial or self-employed occupation. The use of Wansport.com for commercial purposes of any kind is prohibited, unless specifically approved by Enterprise Digital Solutions srl regulated between the parties with specific agreements.

In addition to the right to change these agreements, we reserve the right to agree to additional and different terms and conditions for individual Wansport.com Services. It will be our care, however, to notify these conditions before use.

3. Registration

Use of the Wansport.com Platform requires a one-time free registration. The minimum age for registration is 18 in Italy and the age of majority in other countries. By registering, the User confirms that he meets the age requirements set out in the applicable law and is therefore legally entitled to enter into contracts. Registration is free and gives Users the opportunity to access the Platform. Wansport.com offers Users various registration methods: via the form on the website, via one of the Apps. For registration purposes, the User must provide the data requested in the relevant registration form in a complete, truthful and correct manner, unless such data is marked as optional; registration can also take place through the adoption by Wansport.com of registration data provided by the User in the social networks Apple, Facebook or Google. If the latter are insufficient, the User will be asked to integrate them with those marked mandatory to complete the registration.

Please note that in order to use the Wansport.com Services you must open a free profile with us and accept all the provisions of these Terms and Conditions. Registration (and the consequent opening of the profile) determines the conclusion of a contract on the basis of these Terms and Conditions. This contract does not provide for a payment by the User until he purchases further services.

It is possible to register only using the real name of the User, for example it is not possible to indicate fictitious names or pseudonyms. The other personal data provided must also be real.

Alternatively, it may be possible to open a profile using your Apple, Facebook or Google profile. The registration process will be complete once you enter your Apple, Facebook or Google profile information and click the “Confirm” button.

Registration determines the conclusion of a usage contract between Wansport.com and the Users governed by these conditions.

4. Your Health

4.1 Terms and conditions affecting your health

Your use of the Wansport.com Services is at your own risk. The same applies, without limitation, to the correlated use of any hardware, including, by way of example but not limited to, your smartphone and any other devices in use during the activities.

The precondition for using the Wansport.com Services is a general condition of good health. In any case, we recommend that you consult a doctor before using the Wansport.com services. Also, if you know that you have any pre-existing medical problems, we suggest you check with a doctor before you start using the Wansport.com Services. This is especially true if you are aware of one or more of the following medical conditions/conditions/procedures: cardiovascular disease; lung or respiratory conditions (including asthma); back and/or joint problems; neuromuscular pathologies; surgical procedures; any other health problems.

Our female Users should also bear in mind that it is not advisable to use some Wansport.com Services if you are pregnant or breastfeeding.

The following rule of thumb applies: Listen to what your body is telling you. Before using the Wansport.com Services for the first time or while you are using Wansport.com, if you have any concerns about your health (for example, because you are experiencing pain, general malaise, shortness of breath, nausea or dizziness) consult your doctor before start or continue sporting activities not present on the Platform and offered by the Wansport.com Services.

4.2 It does not replace medical advice

The services and information offered by the Platform and the Wansport.com Services in no way constitute a medical recommendation or medical opinion. They are also not a substitute for medical tests or treatments.

4.3 Health Disclaimer

The health of our Users is very important to us. We invite users to ALWAYS seek advice from their doctor in relation to their sporting habits. Wansport.com does not replace the doctor and is not responsible for the habits of the Users. The contents of the Wansport.com Platform, regardless of whether they are provided by Wansport.com, its Hosts or Users, are not intended to supplement, let alone replace, the information provided by doctors. By accepting these Terms and Conditions, the User confirms that he is solely responsible for his own health.

5. How to use Wansport.com.

After registering and accepting the Terms and Conditions, the user can access the Platform and use the Wansport.com Services described below.

5.1 Wantsport.com by Host

Wansport.com by Host is a way of providing services to the User by its Host. The Host is a subject external to the Wansport.com organization which, in agreement with the User, creates and offers services in the sports field, follows its requests and assists the User.

Payment for the Host service conveyed on Wansport.com is made directly to the Host. The User is invited by the Host to connect in order to be able to use all the Wansport.com tools and functions for the purpose of managing its services.

The relationship between the User and the Host depends on the specific agreement between them and Wansport.com. In this, the latter is extraneous to this relationship as it limits itself to providing the Platform on which communication and all information can be managed.

5.2 Wansport.com Premium

Wansport.com Premium is a subscription service that includes easy access to specific functions of the Wansport.com platform that are not included in the free basic subscription.

During the period of validity of the Wansport.com Premium subscription, the User acquires the right to access all Wansport.com Premium functions (with the exception of those that may have limited access or are available in the country of origin).

5.2.1 Wansport.com Premium Membership

The Wansport.com Premium Services are paid for by subscription, except for any free trial period that may be provided. Each natural person can only use the free trial period once.

After registering, the User can choose which Subscription to activate among those proposed. Wansport.com offers different subscription periods to allow the User to choose the one that best suits his needs. The different types of Subscription, the applicable prices and any additional conditions and rules are available in the app, in the Application Stores and on the website and are subject to change based on the active offers in each specific time period. All prices are subject to change at any time at Wansport.com’s discretion.

5.2.2 Activation of Wansport.com Premium Subscription services

Wansport.com Premium Services are sold with a Subscription. The duration of the Subscription, the price and the relative content of the services are illustrated in the app and/or on the site at the time of purchase. In some Subscriptions a free trial period may be indicated, in which case the User may have to pre-authorise the payment which will then be processed at the end of the trial period (in the absence of withdrawal).

Once the purchase has been made, the details will be available to the User on the Platform and a purchase confirmation will be sent via email.

The subscription can be subscribed directly on the website or within the Application Stores (such as the Apple App Store or Google Play Store or others). In the case of subscription through the Application Stores, the subscription and payment are managed directly by Apple or Google (or by the manager of the relative store) on the basis of the contractual rules and conditions applied by them and supplemented by these Terms and Conditions.

When purchasing a Subscription, the contract is finalized by clicking on the “Buy” button or a similar button, correctly entering the payment data. If necessary, the contract could be aimed at entering the password for the relevant Application Store.

If the User wishes to purchase a Subscription on our website, he can interrupt the process at any time and correct any errors up to the moment of entering the payment information.

If you wish to purchase a Subscription through our mobile app as part of an internal app purchase, you may not need to provide additional billing or payment information as the service will be purchased through your profile with the Store manager of Applications. You can contact the relevant Application Store provider if you wish to correct any errors in the entered data.

In case of non-payment, the service will not be activated or will be suspended if already active. We reserve the right to further claims in the event of late payments. If Wansport.com is unable to collect the amount owed by the User due to insufficient credit, or other problem attributable to the User, the latter is required to bear all costs arising, including expenses related to any associated charge items or charges. Wansport.com may send the User invoices and payment reminders by e-mail.

5.2.3 Term of Wansport.com Premium Membership and Automatic Renewal.

Our Subscriptions have different minimum validity periods and automatically renew for the same selected period until canceled by you or by us.

To avoid misunderstandings, please note that the terms of a Subscription are established according to the calendar and regardless of the use or duration of use of the respective Wansport.com Service by the User.

The Subscription is automatically renewed, consequently the due amount is charged in advance at the beginning of the respective renewal period. Specific terms and conditions apply in case of payments through the Application Stores; in this case the amount can be debited as early as 48 hours before the start of the respective billing period.

Upon expiry of the Subscription period, your credit card will automatically be charged for the standard Subscription price in effect at the time of subscription (unless otherwise indicated), i.e. in this case the prices of any special offers, and the Subscription will be renewed for the same period of time, unless the User requests cancellation in the manner indicated below. The standard price of the Subscription can be consulted on the Platform or on the Application Stores.

If you want to deactivate the renewal, you can cancel your subscription at any time, by starting the cancellation on the Platform or through the Application Stores.

In the case of a subscription through our website, the cancellation of the subscription must be made by 11.59 pm on the day before the renewal.

In the case of subscription through the Apple App Store you will have to follow the subscription cancellation procedure established by the App Store.

In the case of subscription through Google Play you will have to follow the procedure for canceling the subscription established by Google Play.

The Subscription will remain active for the period already paid and therefore until the scheduled renewal date. Wansport.com will not refund any amounts previously paid, except for the consumer’s right of withdrawal described below.

5.2.4 Payment Terms and Conditions

Payment for the Wansport.com Premium subscription must be made in advance for each subscription period. In other words, you can select the duration of the Subscription that best meets your needs for accessing the services. Once the Subscription has been subscribed and paid for, the selected validity period will be associated with the User’s account.

In case of non-payment, the service will not be activated or will be suspended if already active.

We reserve the right to further claims in the event of late payments.

If Wansport.com is unable to collect the amount due from an account indicated by the User due to insufficient credit, or other problem attributable to the User, the latter shall bear all costs arising, including bank charges relating to any associated debit items or charges. Wansport.com may send the User invoices and payment reminders by e-mail.

If the User purchases paid Wansport.com services through an app, the billing will be performed by the manager of the respective Application Store (e.g. Apple for the App Store and Google for Google Play). You can consult the provider to find out what payment methods are available. If you purchase Wansport.com services through our site, you will find a summary of the payment methods we accept on the site at the time of payment.

We reserve the right to refrain from offering certain payment methods and to specify alternative payment methods.

5.2.5 Special Offers and Promotions

Wansport.com may offer a variety of offers, discounts and promotions, such as e.g. loyalty programs. Users of Wansport.com are informed of offers and their status via the site, by newsletter or by other means. The offers are not an integral part of the Wansport.com products and usually have a limited duration. Specific conditions apply to the offers which can be consulted for the purpose of participation or for information purposes only.

5.2.6 Special Services

Some services offered may be governed by particular conditions.

For example, some Services may be sold separately from Wansport.com or tied to specific promotions, limited offers, or scheduled events. The details relating to the special services are described on the specific pages of the platform. Any responsibility (direct, indirect or connected) relating to the performance will in any case remain with the Host involved in providing the service to the User.

5.3 Complimentary Gadgets

In addition to the service, the promotions of paid or subscription Wansport.com services may include the sending of free gadgets. Any provision of the free gadget is regulated on the basis of the promotions published on the Platform from time to time. These gifts will be sent to the address indicated by the User during registration or to the one provided upon request by Wansport.com.

5.4 Wansport.com Premium Gift Cards and Discount Codes.

5.4.1 Purchase of Gift Cards

On the Wansport.com Platform it is possible in certain periods to purchase the Wansport.com Premium Gift Card. The Gift Card includes a code that can be used by anyone to activate a new Wansport.com Premium subscription. The Gift Card can have a time value (for example a month of Wansport.com Premium for free) or a value in the form of a discount on the subscription price (for example a 5 Euro discount on the Wansport.com Premium subscription). The Gift Card is issued following the purchase and the relative payment and can be sent directly to the recipient or printed and delivered by hand. As with other purchases on the Platform, the User making the purchase accepts these Terms and Conditions. Gift Cards can only be used to activate new subscriptions and are not compatible with the free trial period. Gift Cards are valid for one year unless otherwise specified.

5.4.2 Use of the Gift Card

Anyone in possession of the Gift Card code can activate the relevant subscription and when the Gift Card is used once it can no longer be used again, so it is the User’s responsibility to keep the code confidential and make it known only to the recipient. The User who intends to use the Gift Card must connect to the appropriate section of the Platform, register with Wansport.com (if not already registered) and accept these Terms and Conditions. The additional characteristics, values, limits and rules of the Gift Cards are indicated in the section of the Platform dedicated to the purchase itself.

5.4.3 Discount Codes.

The Discount Code (or Wansport.com Voucher) is a code that can be used by anyone entitled to it to activate a new Wansport.com Premium subscription. The Discount Code can have a time value (for example a month of Wansport.com Premium for free) or a value in the form of a discount on the subscription price (for example a 5 Euro discount on the Wansport.com Premium subscription).

Discount Codes are not purchased via ecommerce but are specifically negotiated with Wansport.com (for example with companies for their employees or customers) and the related conditions are defined in such direct agreements.

Anyone in possession of the Discount Code can redeem the relative credit up to the exhaustion of the maximum number of uses according to the agreement with Wansport.com. The customer is obliged to deliver the Discount Code only to the subjects defined in the agreement with Wansport.com (for example the Discount Code purchased by the company for employees can only be delivered to employees). In any case, it is the customer’s and the User’s responsibility to keep the code confidential and to make it known only to authorized parties. The User who intends to use the Discount Code must connect to the appropriate section of the Platform, register with Wansport.com (if not already registered) and accept these Terms and Conditions. Further features, values, limits and rules of the Discount Code can be contained in the agreement with Wansport.com. In case of violation of the agreement with Wansport.com by the customer who acquired the Discount Code, this can be immediately deactivated and the related subscriptions suspended. Discount Codes are not compatible with the free trial period.

6. Consumer’s right of withdrawal

The Wansport.com services are offered to the consumer and therefore you have the right to withdraw from the contract, without giving reasons, within 14 days, subject to the exclusions and limits indicated below. The withdrawal period expires 14 days after the conclusion of the contract or the individual purchase.

In the case of purchase of services through the Application Store, the right of withdrawal must be exercised through the Application Store itself and in the manner indicated therein. The methods for exercising the withdrawal on the Application Stores may vary over time and the User can refer to what is indicated on them. Regarding the Apple App Store, we suggest using the “report a problem” link or contacting iTunes support depending on the type of purchase or contacting Apple directly (Apple Distribution International Ltd., iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland). Regarding Google Play, we suggest accessing your purchase history and selecting “request a refund” or “report a problem” or contact Google directly.

In the case of a purchase made directly on the Wansport.com website (and not through the Application Stores) to exercise the right of withdrawal, you are required to inform Wansport.com of your decision to withdraw from the purchase contract through an explicit declaration, for example letter sent by post or email to the following addresses: Enterprise Digital Solutions s.r.l., Vico Modugno strada Privata Perrini 70032 Bitonto (BA) Italy, Email: subscription@wansport.com. To this end, you can use the model withdrawal form below, but it is not mandatory. We will send you an acknowledgment of receipt of your withdrawal (by e-mail) without delay. To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

6.1 Effects of withdrawal

If the User withdraws from this contract, all payments he has made to us will be refunded, without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. These refunds will be made using the same means of payment used for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a result of such reimbursement.

If the User exercises the right of withdrawal after submitting a request to start providing services during the withdrawal period, he is required to pay Wansport.com an amount proportional to the amount provided up to the moment in which he communicated the withdrawal from this contract, in compliance with all the services provided for in the contract. The proportional amount that the consumer has to pay is calculated on the basis of the total price agreed in the contract. If said total price is excessive, the proportional amount is calculated on the basis of the market value of what has been supplied.

Withdrawal after the complete provision of the service is excluded if the execution began with the express agreement of the User and with the acceptance of the loss of the right of withdrawal following the full execution of the contract.

The right of withdrawal is also excluded in cases of supply of made-to-measure or clearly personalized services and goods.

In any case, different rules may apply to purchases through the Application Store.

6.2 Withdrawal Form

To facilitate the right of withdrawal as much as possible and avoid any complaints, we provide the withdrawal form below to be used to withdraw from purchases made directly on the Wansport.com website and not on the App Stores.

Fill in and return this form only if you wish to withdraw from the contract:

Recipient:

Enterprise Digital Solutions s.r.l.

Vico Modugno Strada Privata Perrini snc

70032 Bitonto (BA) Italy

info@wansport.com

I hereby (INSERT NAME AND SURNAME) notify the withdrawal from my sales contract of the following services (SPECIFY) purchased on (INSERT DATE). I agree not to receive the service and ask for a refund of the amount paid.

Name and surname of the consumer:

Consumer address:

Signature of the consumer (only if this form is notified in paper version)

Date

7. Liability

It is essential to comply with any guidelines or instructions provided with respect to the services provided by the Host or in some cases also by Wansport.com.

The practice of some sports, especially extreme sports for example, must be considered a health hazard.

If the User uses sports equipment or tools (whether owned or made available to the Host), it is his responsibility to ensure that such equipment and tools are in good working order and that the installations are correctly set up.

The User must observe and respect the health protection indications above.

The legal regulations apply for claims related to defects in the services. Consumer rights are however guaranteed.

It is not implied or guaranteed that the use of the Wansport.com Services will lead to the results (sporting or otherwise) or other results you desire. We do not promise that such services are complete and without defects and that they represent a concrete success goal for the User. Furthermore, the actual results depend on factors beyond the control of Wansport.com or the Hosts and which may affect the state of the User, such as physical predisposition and pre-existing conditions. The results may therefore differ significantly between different people despite the common use of the Wansport.com Services.

7.1 Disclaimer

In light of the type of services offered (which are limited to the provision of software and digital content and the management of some personal data) Wansport.com declines all responsibility for possible damages that the User could suffer while using the services, except as required by law.

To the extent our liability is excluded or limited, this exclusion or limitation also applies to our employees or agents.

It is up to the Users to carry out the checks deemed necessary or appropriate before using the services of the Platform. Wansport.com offers no guarantees of any kind in relation to the services and/or commercial practices of third parties present on the Platform. Consequently, Wansport.com does not guarantee that Users are satisfied with the products, services and/or commercial practices experienced as a result of using the Platform.

Wansport.com is not responsible for anything written directly by users in the public chat.

7.2 Availability of Services and Errors

Wansport.com does not represent or warrant that the Wansport.com Services will always be available or that the relevant Products and the necessary hardware and software are completely free from errors.

Due to the specific nature of Internet and information services, Wansport.com does not guarantee uninterrupted access to the Platform or continuity of service, Wansport.com’s only obligation is to make a reasonable effort in this regard. Wansport.com will not be liable for any failure to access the Platform or any damages or losses arising from the use or non-use of the Platform or its contents, except as required by law. Wansport.com does not guarantee that the information displayed is detailed, complete, verified or accurate. The Trainers’ services, information, and, in general, all content on the Platform are provided “as is” without express or implied warranties of any kind. Users expressly acknowledge that the photos on the Platform are non-contractual. However, since Wansport.com cannot physically verify the accuracy of the information collected and/or provided by the Trainers, Users agree that Wansport.com cannot be held responsible if Users fail to enjoy the services of the Hosts. Thus, by way of example and without limitation, Users acknowledge and accept that Wansport.com is in no way responsible for canceled services or if the Host refuses to provide a service for any reason.

Users guarantee that they are fully familiar with the characteristics and limitations of the Internet and IT services and tools. In particular, they acknowledge that it is impossible to guarantee that data sent by Users over the Internet is entirely secure. Wansport.com cannot be held responsible for any accidents resulting from such data transmission. Users agree to protect Wansport.com from liability, damages, expenses, claims or costs, deriving from complaints or disputes, including judicial ones, in relation to the use of the services of the Platform. In any case, Users explicitly acknowledge and agree to use the Platform at their own risk and under their own exclusive responsibility.

7.3 Exclusive responsibility of the Host for the Wansport.com by Host activity.

Wansport.com is not responsible for the services provided directly by the Host. In the event that the User links his profile to a Host, the latter will have the possibility to modify or create association plans, prices, courses, subscriptions, rules, products and services. The agreement between the User and the Host takes place without any role on the part of Wansport.com which remains totally extraneous to it (without even knowing its content) and immune from any responsibility relating to the Host’s activity.

The Host is external to the organization of Wansport.com which does not provide any guarantee regarding the professionalism and qualifications, nor with respect to the effective execution of the Host’s service. The Wansport.com platform only provides the tools for communication and for the management of sports center services while remaining completely extraneous to the relationship between the User and the Host who remains solely responsible for their work. Wansport.com does not carry out (and is not required to carry out) any verification or monitoring activity on the Hosts (or on their identity or suitability), neither of control nor of moderation.

Wansport.com assumes no responsibility for the validity and correctness of the contents and suggestions and advice of the Host provided through the Platform.

Unless otherwise specified, the services are provided directly by the Host and Wansport.com is in no way responsible for the provision of the service by the Host, as well as for the quality and safety of the service. Wansport.com only provides the IT platform for the purchase of services, training management, communication and information exchange and management.

8. Usage rights to Wansport.com content

Wansport.com is a registered trademark of Enterprise Digital Solutions s.r.l.

The services we offer may include content protected by copyright or otherwise and of which we own the rights. However, we grant a non-exclusive and non-transferable right to use these contents for non-commercial uses within the scope of the contractual clauses. For the sole purpose of dispelling any doubts, we point out in particular that the saving of the same or their distribution or dissemination with any tool or their publication, e.g. on other sites or via email, file sharing or messaging services. The right of use expires upon deactivation of your access to the corresponding service (e.g. after canceling your Subscription) or at the end of the usage contract.

The User agrees and acknowledges that the Platform, the contents and any Software used to provide the Service are the property of Wansport.com. The Software contains confidential and proprietary information and is protected by applicable copyright, trade secret, and other intellectual property rights laws (Protected Materials). The reproduction, distribution or transmission of the Software and Protected Materials is therefore prohibited.

Any reproduction, modification, processing, redistribution or retransmission of the Software will result in Wansport.com pursuing both civil and criminal lawsuits. The Software, its writing, sequence, organization and source code are considered to be covered by a trade secret and are protected by law.

Notwithstanding the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is prohibited.

When the User sends ideas, suggestions, documents and/or proposals (hereinafter the “Contributions”) to Wansport.com through the relevant pages dedicated to suggestions or feedback, the User accepts and undertakes that:

– the Contributions provided do not contain confidential or protected information;

– Wansport.com will have no obligation of confidentiality, expressed or implied, with respect to the Submissions;

– Wansport.com shall have the right to use or disclose (and choose not to use or disclose) such Submissions for any purpose, in any manner, by any means, throughout the world;

– Wansport.com may already have ideas similar to the Contributions provided, under evaluation or development;

– except in cases expressly prohibited by applicable laws, User Contributions will automatically become the property of Wansport.com without Wansport.com assuming any obligation to the User and the User will waive all related moral rights and economic exploitation;

– The User will not be entitled to any compensation or reimbursement from Wansport.com under any circumstances.

9. Rights of Wansport.com

Wansport.com reserves the right to refuse Users without giving reasons. In this case, the transmitted data will be deleted immediately. If the User provides false, inaccurate, outdated or incomplete data, or Wansport.com has reasonable grounds to suspect that such data is false, inaccurate, outdated or incomplete, Wansport.com has the right to immediately suspend or close the account of the User in question without notice and to refuse any current or future use of the services, without the Registered User being entitled to a refund of any amount previously paid. In any case, Wansport.com reserves the right to contact the User at any time to verify the registration data.

Wansport.com reserves the right to modify options or features present in the Apps and websites or on the platform in general. In most cases Wansport.com makes changes to the Apps, websites or the platform in general to enhance or improve them. Even to the extent that the changes do not have a concrete positive effect on the use of the App by the User, Wansport.com will not refund any previously paid amounts, unless otherwise indicated.

Wansport.com reserves the right to sell, license and/or publish any advertising, attribution, linking, promotional and/or distribution rights with respect to the Contents. Wansport.com has the right to retain all profits generated by the sale or licensing of such advertising, attribution, linking, promotional or distribution rights.

Agreements entered into by the User with advertisers found through the Wansport.com Services, including participation in promotions or payment and delivery of goods or services, as well as any other terms, conditions or warranties associated with such agreements, concern only the User and advertiser. To the maximum extent permitted by applicable law, the User agrees that Wansport.com shall not be liable for any loss or damage of any kind arising out of such arrangements or the Advertisers’ presence on the Wansport.com service.

10. Prohibitions for the User.

It is expressly forbidden for the User to copy, reproduce, redistribute, modify or otherwise intervene on the software or computer code of the Platform or on the contents contained therein.

The user undertakes to use the Platform only for private and personal use and therefore not for commercial or industrial purposes or for any other different purpose (in particular, but without limitation, for dangerous activities or medical activities).

You may not license, sell, lease, transfer, issue the Services in any form or use them for any other commercial purpose. Due to the limitations of the Platform and software adaptation terminals, you may only use the Services within the Platform and in the manner defined by Wansport.com. Unauthorized use may damage the hardware or software function. The User acknowledges that he can only use the Platform and the Services for non-commercial purposes. You shall use the licensed software in the normal manner.

The following activities (indicated by way of example and not exhaustive) are prohibited and the user will have to answer to Wansport.com for the damages caused to it:

a) issue or share computer viruses, worms, malicious code or software that deliberately damage or modify the system or data of the Platform;

b) collect information or data of other Users and Hosts without authorization, for example the information of the contents offered by the Hosts present and of other registered users and the like;

c) use the Platform fraudulently or maliciously or automatically, or by causing a server overload or by interfering with or damaging server and network connections in any other form;

d) copy part of the Platform or part of its code to other applications, sites or Services;

e) interfere with, modify, damage or corrupt any part of the Platform or any part of its code;

f) attempt to access server data or product communication data without authorization;

g) use the Platform without verifying that your device is virus-free;

h) interfere with or damage the Platform;

i) directly contact a Host found within the platform in order to circumvent the activity, service or rules of Wansport.com;

j) in using the platform and the public chat, convey discriminatory, political or otherwise unrelated messages, use vulgar, blasphemous, offensive or discriminatory language or expressions, advertise or display brands without authorisation, do or say anything not related to the activity or that may in some way offend users’ sensibilities or even indirectly damage the image of Wansport.com;

k) save, copy, retransmit, modify, distribute or disseminate any content of the Platform (images, audio, video, text, code, etc.).

The User promises not to engage in any act in violation of the laws or improper behavior using the Service. Such act and behavior include (among others):

1) unauthorized uploading, transferring or sharing of information;

2) opposition to the fundamental principles determined by the Law;

3) disseminating obscenity, pornography, gambling, violence, murder and terror, or aiding and abetting a crime;

4) insult or slander others and violate the rights and legal interests of others;

5) elements of fiction, fraud, harm, threat, invasion of another’s privacy, harassment, infringement, slander, grossness, indecency or morally repulsive content;

6) other items restricted or prohibited by applicable laws, regulations, rules, provisions and other legal standards.

11. Fraud Protection

The User is responsible for protecting his account from unauthorized access and fraudulent use. We therefore invite the User to promptly notify us via e-mail at info@wansport.com, of any unauthorized or fraudulent use of his account, or any suspicion that his personal account may be at risk. Wansport.com has the right to close or delete the account of any registered User in case of unauthorized or fraudulent use of the account.

12. User Uploaded Content

Among the services of Wansport.com there is the possibility for the User to upload their own information and documents. In this regard, Wansport.com will save these files on its servers and make them available to the User through the application.

Only in the event of voluntary association by the User with the Host, such personal information will be transferred from the Platform to the Host for the management of the request formulated by the User. The Host becomes the data controller of the data provided by the User for the provision of the services purchased by the Host, also through the Wansport.com Platform.

The User, where possible, can provide for the cancellation of such information from the Wansport.com databases.

12.1 Protection of Uploaded Images.

Wansport.com offers a high level of IT protection against unwanted access to the images saved on its databases but (unless otherwise required by law) assumes no responsibility for the case in which third parties are able to access the images in unpredictable ways and such as to cannot be reasonably avoided. Furthermore, it is the User’s responsibility to keep their profile access credentials confidential as they allow access to images and other information. Wansport.com assumes no responsibility in the event of unwanted access to the profile and content using the correct credentials, or in the event of unwanted sharing of the content itself by the Host.

12.2 No Uploading of Third Party Images, Prohibited or Offensive Images or Nudity Images.

It is absolutely forbidden for the User to upload images of other people or to upload images whose use or possession is prohibited by law or which are offensive and in any case it is forbidden to insert nude images.

Regardless of whether this results in a criminal offence, it is generally prohibited to upload content of a pornographic, sexual, violent, racist, seditious, discriminatory, inappropriate for minors, offensive and/or defamatory nature.

When posting your content, you must comply with all applicable rules and laws.

The User is also required to refrain from violating the rights of third parties. This applies in particular to personal rights of third parties and intellectual property rights of third parties (e.g. copyright and trademark rights). In particular, it must respect the necessary rights for the uploaded images.

The viewing of images by Wansport.com and its employees and collaborators is limited according to the privacy legislation and therefore no moderation activity is carried out. The only activity of Wansport.com consists, using IT methods, in saving the images and making them available to the User who uploaded them.

We are entitled at any time and without notice to delete or remove content that is illegal or violates the aforementioned principles. In case of violation of the principles set out above, we reserve the right to warn you or temporarily block your User profile or cancel the use contract for just cause in compliance with this clause.

12.3 User Responsibility for Images.

By uploading the images, the User assumes all responsibility for them, acknowledges that he is legitimately in possession of them and releases Wansport.com from any liability towards himself and expressly indemnifies Wansport.com from any liability towards third parties.

The User shall indemnify Wansport.com for all claims by third parties as a result of a violation of their rights by the User in relation to uploaded content. The User is also required to bear the costs of all legal actions in which Wansport.com may be involved in relation to the aforementioned requests, including all court costs and legal fees to the maximum extent permitted by law, unless the your liability for such infringement has not been expressly excluded.

In the event that a claim is submitted by a third party, the User shall promptly and accurately provide Wansport.com with all information available to the User which may be necessary to verify the claim and prepare a defensive action. This provision does not affect any further claims for damages that Wansport.com may possibly bring against the User.

13. Term, Termination and Cancellation

The User has the right to cancel his User profile at any time, without having to provide a reason, thus also terminating your usage contract at the same time. To do this, simply select the right settings on your profile. Please note that once you cancel your User profile, we will delete or may delete all content and achievements you have added, and you will no longer be able to access content you have already purchased. If at the time of profile cancellation there is a service that has not yet been completed, the sums already paid will not be refunded, not even with a proportional formula.

We reserve the right to cancel a user contract, without having to indicate any reason, but not before the terms for using the services purchased have elapsed.

The right to cancellation for just cause remains valid for both parties. In particular, we reserve the right to cancel your user agreement or Subscription with immediate effect and to delete the User profile in the event of a violation, even minor or repeated, of the provisions of the user agreement and/or the Terms and Conditions or in the event of late payments.

14. Personal data

Our company manages the User’s personal data in compliance with our privacy policies, the updated version of which is available on the platform. These privacy protection rules regulate and explain, in particular, what personal data can be viewed by other Users and what options are available to you to control disclosure to other Users.

If the User does not connect the profile to a Host, the data will only be visible to the User and will not be shared with anyone, except as necessary for the provision of the Services as better described in the Privacy Policy.

If the User connects the profile to a Host, the latter will be able to access some personal information including: name, surname, nationality, preferred language, gender, telephone, email address, profile picture, date of birth, weight (with changes over time), height, game preferences, game levels, profile statistics, type of Wansport.com Premium subscription.

15. Consent to data processing

By concluding the contract for Wansport.com, the User accepts that immediately and as long as he does not make any changes to the privacy settings, Wansport.com will manage the data as described in these Terms and Conditions and in the Privacy policy.

16. Online Dispute Resolution

Wansport.com informs the User who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/ and through it the consumer User can consult the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure in which you are involved.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. Our email address appears in these Terms and Conditions.

17. Changes to the Terms and Conditions

We reserve the right to change and adapt these Terms and Conditions with effect for the future; such changes will in any case be made in good faith in respect of your interests. We will inform the User of the changes by e-mail (to the address provided during registration) at the latest two weeks before the expected entry into force of the new Terms and Conditions. In the absence of objections to the validity of the new Terms and Conditions within this period, and by continuing to use Wansport.com, the new Terms and Conditions will be deemed to have been accepted. In case of non-acceptance, we expressly reserve the right to terminate the contract.

18. Applicable law, language and forum

The relationship between the parties is governed by Italian law with the exclusion of the UN Convention on International Sales Contracts (CISG). With regard to business transactions with customers within the European Union, the law of the consumer’s country of sale may also apply only if it contains provisions on consumer regulations that it is mandatory to apply.

The contract language is Italian.

Unless otherwise provided by law (including the provisions relating to the jurisdiction of the consumer’s court), in the event of a dispute the Court of Bari is competent.

19. Safeguard Clause

If any of the clauses of the Terms and Conditions is or becomes completely or partially invalid, this will not affect the remaining clauses.

20. Contacts

HEADQUARTERS

Enterprise Digital Solutions s.r.l.

Vico Modugno Strada Privata Perrini snc

70032 Bari (BA) Italy

email: info@wansport.com

21. Option to save and revise contract language

These General Terms and Conditions of Business can be checked on the Platform (app or website). To save a permanent copy of these Terms and Conditions on a data medium, you can download the “pdf” version for free. Refer to your browser’s help for information on how to save files. To open a “pdf” file you need special software such as the free Acrobat Reader or a similar program that uses “pdf” files.

You can consult any other information and contractual data on the platform, or print or save the order confirmation received after completing a purchase.