TERMS AND CONDITIONS AGREEMENT BY GAMEDU
Art.1 PREMISE – The current conditions, together with the regulations that can be found in the Platform and the potential documents indicated in the present contract, regulate the juridical relationship between the society Web Lab Group S.r.l.s. (here also referred to as “Gamedu”), VAT No. 03487630547, with its headquarter in Marsciano (Perugia) – 06055, Via XXIV Maggio 38 and the User. The present conditions of supplying services of commercial mediation do not regulate the supply of services or products selling from individuals different from Teachers, present in Gamedu through links, banners or other type of hyperlinks. Gamedu makes the Teachers’ identities visible within the Platform.
Art.2 OBJECT and NATURE OF THE AGREEMENT – The Object of the present agreement is the service offered within the e-commerce called Gamedu (also referred to as “Platform” in the present text) and accessible via the URL https://gamedu.online. The service consists in the supply of online Training Courses on various disciplines, by the Teacher to the User through the Platform. The entire service must be supplied within the Terms of the present Agreement, of the webpage and of any possible regulation disclosed each time. By submitting to this agreement, Gamedu and the Teacher do not establish a partnership between undertakings or any other type of association.
Art.3 DEFINITIONS – Besides the terms that will be explained along the present contract, here following the most frequently used definitions:
• “Platform”: Gamedu’s webpage with the domain gamedu.online;
• “Agreement”: the present terms and conditions agreement between Gamedu and the Parties;
• “Service”: Training Courses supply
• “Training Courses”: every type of educational content, of any type of discipline offered in the Platform by the Teachers for the Users. The Teacher’s contents and the related data remain in the purchaser User’s account.
• “Teacher”: the service provider of any nationality (with or without VAT code) who, after registering him/herself to the Platform first as a User and then as a Teacher, offers one or more Training Courses and whose name, surname, nickname, date of birth, nationality, area of competence and contact information will be made public. It is specified that with “Professional Teacher” it is intended a Teacher that can issue an invoice, while a “Non Professional Teacher” is a Teacher not able to issue an invoice.
• “User” (or Purchaser): the person of any nationality (with or without VAT code) purchasing the service provided of one or more online Training Courses after registering himself/herself to the Platform and whose name, surname, nickname, date of birth, nationality, biography, interests, objectives and contact informations will be automatically made public. The User has the faculty to make public only information as name, surname and nickname or name -“nickname” – surname, at any time and with retroactive validity. Both profile and cover pictures will always be public;
• “Co-author”: it is intended as the person of any nationality (with or without VAT code) who collaborated with the Teacher in the course creation. The co-author will figure with its name, surname, nickname, date of birth, nationality, field of competence, contact information;
• “The Parties”: refers to the Teacher and the User jointly;
• “Registration”: is intended as the User’s inscription to the Platform. Those who intend to provide any Training Course online and become a Teacher, after successfully Registering to the platform, they have to have access to their own Profile page and accept the related contractual conditions under “BECOME A TEACHER”, through a point and click procedure and the following insertion of a confirmation code previously sent to the email address provided during the Registration process;
• “Thread boards” also referred to as “Community”, comprise two virtual areas within the Platform, the former dedicated to the interaction among Teachers while the latter to interactions of Teachers and Users who purchased a Training Course, with the aim of sharing experiences and ideas, of deepening topics and common interests.
Art.4 OBLIGATIONS OF THE TEACHER TOWARDS THE STUDENTS – The Teacher is obliged to accomplish all the services pledged and to accomplish in a punctual and precise manner the activities agreed within the present agreement and expressed in the Platform’s regulations. Specifically, the Teacher is obliged to supply the User with all the contents related to the Course, in conformity with what has been ordered by the User and what has been declared in Gamedu’s Platform. There are no extra costs for the online intermediation service by Gamedu. The final price is the one shown for every Training Course online. The Teacher has the duty to conform to the price bands proposed by the Platform taking into account the typology of the Course. Any type of alteration of the Service offered by the Teacher made after the User’s order should be communicated promptly and without lateness to Gamedu first. Such alterations cannot be made without previous approval from Gamedu. Hence, no type of unilateral alteration is allowed after the purchase of a Course. The teacher, during the course’s publication process can nominate one or more co-authors. The co-author is subject to the same Teacher’s contractual obligations and accepts the Terms and Conditions of the present agreement, made exception for the provisions related to the payment. Therefore, the co-author accepts to not receive any compensation from Gamedu related to the course purchased by the user, as the payment is received entirely by the Teacher.
Art.5 LIMITATION, SUSPENSION, CESSATION – The intermediation service can be subject to the account’s limits, including, as an example but not limited to, the limits related to the volume of orders or the automation errors in the verification process of Courses availability. Such limits are established based on performances and risks factors, including, as an example but not limited to, Gamedu’s risks evaluation associated to the Parties’ account or to the account location. Despite the contents of the Courses Offered by the Teacher will not be revised by Gamedu – being and remaining the Teacher the only responsible for the contents offered in the Platform – The Teacher agrees that Gamedu has the faculty of limiting or suspending its online service intermediation in relation to the single Courses offered by the Teacher. For this purpose Gamedu will communicate to the latter, prior or when the suspension takes effect, the motivations of such decision to the email address indicated by the Teacher during the Registration process. Conversely, if Gamedu decides to fully cease the provision of its online intermediation services to the Teacher, it communicates to the latter the motivations of the such decision no later than 30 days prior the cessation by sending an email to the address indicated by the Teacher during the registration process. The Teacher will have the possibility to receive further clarification on events and conditions that induced Gamedu to limiting, suspending or terminating the service. However, the cessation notice is not given when the cessation depends on a) a normative obligation or regulation imposing Gamedu to cease the provision of its services of online intermediation in a way that will not allow to respect the cessation notice timings above stated; or b) a right of withdrawal based on imperative grounds following the norms of national law (as in case of an unauthorised, fraudulent, suspect or unusual use of an order or Account, also considering previous transactions and Gamedu’s anti-fraud controls); c) the repeated violations by the Teacher of the present Terms and Conditions, with subsequent cessation of the whole provision of the online intermediation services in question. The Teacher can request at any moment the elimination or suspension of its own account or single Courses. Even so, the courses already purchased by a User will remain active and available.
Art.7 TRANSACTIONS – DELEGATE TO COLLECTION – The User pays the Course directly to Gamedu as intermediary and deputised by the Teacher to the collection of the entire fee related to the Course purchased. The contractual relationship for the purchased Courses is intended only between the User and the Teacher. Therefore, the Teacher issues an invoice in favour of the User upon request, only in case of a “Professional Teacher”, namely a Teacher legally able to issue an invoice.
Art.8 LIABILITY LIMITATIONS ON CONTENTS – The User is aware and accepts the contents of the courses purchased. Gamedu is exempt from any obligation of revision and responsibility towards the User, as the Teacher is the right-owner of the whole Courses material provided by him/herself (photos, brands, texts, contents) for the service supplied and that such material does not violate neither the applicable laws neither the rights of third parties. In application of . 70/2003 it is expressly understood that Gamedu does not have any supervision obligation over the contents and the materials supplied by the Teacher within the Service. Gamedu remains extraneous to those potential activities performed later and independently by the Parties. Gamedu does not assume in any case any responsibility for the data inserted, transmitted or treated by the Teacher through the Platform and reserves itself the right to adopt any initiative or adoption safeguarding its own rights and interests, including the communication to the subjects involved and to the judicial authorities of the data useful for the recognition of the Parties. The Teacher will be responsible, liable to compensate and protect Gamedu against direct damages and losses, responsibilities, obligations, costs, rights, all type of claim, interests, penalties, legal procedures and expenses (including, as an example, expenses and legal costs) to which Gamedu was or will be submitted following a violation of the present Agreement made by the Indemnifying Party, or claims made by third parties caused by the violation – even alleged – of an Intellectual Property Right made by the Indemnifying Party.
Art.9 OBLIGATION TO UPDATE – Gamedu is equally excluded form the responsibility of not updating the Course contents, as the Teacher will promptly and conscientiously take care, modify and update the contents provided, together with his/her contact data. He/she will promptly correct all the errors and/or omissions appearing in his/her own pages, banners, contents and information related to its own activity, immediately after becoming aware of such errors or following an alert from Gamedu or the Users.
Art.10 SURETY PACT – Through the platform, the Teacher assumes the direct obligation towards the User and obliges himself/herself to indemnify Gamedu against any controversy that may rise in relation to the execution of such obligation. The Teacher assumes the direct obligation to indemnify Gamedu against any claim by the User due to objections related to the services offered by the Teacher to the User. The Teacher also assumes to indemnify Gamedu against any type of vindication by the User due to a difference in what has been advertised and the service actually provided, or due to inaccuracies related to the Courses and to any similar situation. The Teacher therefore assumes the obligation of meeting with the User’s expectations, following a diligence criteria ex art. 1176 Civil Code to be evaluated with respect to the nature of the activity practised, as also to safeguard the image, the full operability and the functionality o of the Platform. The Teacher consents that the violation of the present article may involve the immediate rescission of the Agreement. The Teacher declares to possess all the necessary rights/authorisations/licences for the Service provision, as established by the Italian and the European law.
Art.11 TERMS OF SERVICE ACTIVATION – Gamedu’s intermediation service is activated in the shortest possible time and in relation to the necessary timings depending form the resources needed. The User declares to be aware and to accept that the terms for the activation of the present service, should be intended as merely indicative. Any slackening must not be considered as a delay in the activation of the present service.
Art.12 AGREEMENT ENHANCEMENT BETWEEN USER AND TEACHER – Following the registration, the User purchases one or more Courses supplied by the Teacher with the modalities established by the constantly updated regulations, accessible in the webpage. Therefore, the User stipulates the agreement with the Teacher when, after completing the Service order and accepting the Terms and Conditions through point-and-click method, alternatively provides to a) make a payment in the Platform depositing the sum established by the Teacher for the selected course, through the payment methods specified; b) use and insert in the dedicated area a coupon code (that could be also provided by the same Teacher); c) use a virtual credit obtained within the Platform that, through a Gamification system, assigns rewards or penalties to the User following variable criteria that will be communicated to the User each time, both via email (indicated during the Registration process) and within the Platform’s Personal Area.
Art.14 CONFIDENTIAL INFORMATION – Gamedu and the Parties recognise and accept that, in the execution of the present Agreement, each of them may have access or be exposed to direct or indirect confidential information form the other party (The “Confidential Information”). It must be considered as Confidential Information all those numbers related to orders and visits, fluxes, business and marketing strategies, company financial, technical and operative information, data on the development, the information on the fees, the prices policies, data conversion, number of clicks and any other type of statistics, software and info on the software in use or provided by Gamedu, concerning the present Agreement, the Terms of the present Agreement and all those information that are not of public domain, that the training party indicates as private and confidential, or that the receiving party considers as such. Gamedu and the Parties accept that all the Confidential Information will remain of exclusive property of the training Party and that the receiving part will not use those for different purposes from the ones established by the present Agreement.
Art.15 TEACHER’S COMMITMENT IN MATTER OF PRIVACY – The Teacher commits itself in safeguarding the confidentiality and the privacy of the User’s data, as to safeguard him/her from an unauthorised use or from publication. The Teacher assumes to observe the legislative decree 30 June 2003, no. 196 on the management of personal data and on privacy, together with the EU Regulation2016/679 of 27/04/2016. Gamedu will transfer to the Teacher all the personal data of those Users that have concluded the Booking process and the related payment for the sole purpose of proceeding with the provision of the Service described in the present Agreement. The Teacher is not allowed to store data and once executed the Service provision, he/she will have to destroy such, made exception for specific and separated consent obtained from the User itself.
Art.16 REVIEWS POLICY – To those Users making an order, Gamedu requests a review on the Service received. The comments and/or points given will be available in the Platform. The Teacher acknowledges that Gamedu, under the legislative decree no. 70 del 2003, has no type of obligation of verifying or super-visioning such reviews. Gamedu doesn’t consider itself, and will not be in any case considered as responsible for the content and the consequent derivations from the advertising or distribution of any type of comment or opinion. Gamedu reserves itself the right to decide the timings of publication of the reviews and reserves the faculty to eliminate them at its own and total discretion.
Art.17 USER RESPONSIBILITIES – The User is responsible for all those activities carried out through its own account and explicitly accepts not to sell, transfer or assign its own account to third parties, except for those individuals and companies that have been explicitly authorised to create accounts in behalf of their clients or employers. Moreover, the User declares that the whole information provided during the registration process are truthful, accurate, updated and complete. Therefore the User commits to always maintain such information updated. The user is responsible for the custody and safety of its own access keys. It is forbidden to use the Service for illegal or non-authorised purposes. The User undertakes to observe all the laws, norms and regulations relevant for the Platform’s use.
Art.18 MODIFICATIONS AND UPDATING OF THE AGREEMENT’S CONDITIONS – Gamedu reserves itself the right to modify the present Terms and Conditions at its own discretion. Each time, unless it is necessary to make alterations for legal, administrative, or immediate and unexpected safety reasons (ex art. 3 c. 4 of the EU Reg. no. 1150/2019), Gamedu will provide a notice of minimum 15 days prior the updated Terms become effective. Such notice of minimum 15 days is applied only in case of alterations to the content or to the meaning of the previous Terms and Conditions, in order to allow the Teacher to terminate the contract within 15 days from the reception of notice of alteration. The Teacher can implicitly renounce to the 15 days notice by continuing to offer new services. Without prejudice to the exceptions in the art. 3 c. 4 of the EU Reg. no. 1150/2019, Gamedu will provide a notice of more than 15 days in case the intended alterations to Terms and Conditions oblige the Teacher to make significant technical and commercial adjustments in order to adapt to the modifications required. The Parties accept to receive notifications related to the updating of Terms via email publication (to the address provided during the registration process to the Platform at login) and that the use of the service following its effective date represents their approval. The updated Terms will go into effect starting form their issuing, or form a later date if specified within the Terms, and will be applied form that moment onward to the Service.
Art.19 OBJECT OF THE AGREEMENT BETWEEN USERS – The orders placed through the Platform configure contracts of service provision that consider as parties involved the Teacher – as identified in the Course’s page – and the User, the latter purchasing one or more online Training Courses for personal reasons or business, commercial, artisanal or professional purposes. The supply or availability of the Service is subject to the actual payment transfer as for articles 11 and 22 of the present Terms and Conditions. Gamedu will make the Service online accessible and available within 2 working days since payment receipt. In case the supply or availability of the Service should be conducted with specific organisational or logistic modalities, involving a longer period of supply than the one above-considered, Gamedu reserves itself to communicate to the user a longer term for the Activation. The online Services purchased do not establish time limitations of use and/or fruition by the User. If included in the Course’s Syllabus, the course material can be published and made accessible within the Platform.
Art.20 USER OBLIGATIONS – The agreement between the Teacher and the User is concluded with the order and the payment of a selected Service. The payment is made through the Platform, being it a mere intermediary and delegate to the payment collection, via Credit Card, money transfer or any other authorised mean of payment by Gamedu, including alternative means of payment as coupons and credits related to the Gamification process whose modalities will be clearly specified each time to the User, both via email and on the Platform at the personal area. The amount paid by the User includes the online Training Course, the accessory services and the compensation for the intermediation service carried out by the Platform. Upon payment receipt, Gamedu will automatically generate a non-fiscal receipt in favour of the User, together with the related order confirmation in favour of the Teacher. The User will later receive an invoice from the Teacher, only if the Teacher can provide such service as a “Professional Teacher”.
Art. 21 COMMUNICATIONS AND ALERTS – The Teacher agrees that all the information related to the Service Order will be sent via email to the address declared during the registration to the Platform. All communications will be written in Italian or English, taking into account the Teacher’s nationality.
Art.22 INDEMNITY AND HOLD HARMLESS CLAUSE– CLAIMS MANAGEMENT – In case of claims between the Teacher and the User concerning the Service provision, the Parties accept to indemnify Gamedu from any responsibility, including expense and/or compensation and/or refund, being Gamedu a mere intermediation platform. The parties must keep Gamedu indemnified from any type of judicial or extrajudicial expense. For the purpose of facilitating any resolution in case of Service controversies, Gamedu will activate – as a mere service of intermediation – a section for claims management. The claim request should be made within 14 days from the Course’s date of purchase to which it refers to. In this section the Parties involved may reach an agreement. The procedure will be enabled by filling in the form “Contact Us” in the website’s footer. In case of agreement, Gamedu will proceed to refund the User with an amount equal to the price reduction agreed, net of the intermediation cost calculated on the Course’s original price. The User refund will be implemented, if possible, through the same payment method used during the order. Following the refund approval – under the above modalities – and the amicably settlement of the controversy, the parties renounce to any other claim over the same object of controversy, in court or at any other extrajudicial seat.
Art.23 RIGHT OF WITHDRAWAL FROM PURCHASED COURSES – If the agreement is between the Teacher and a private consumer, European normative dispositions 85/374/CEE and the Italian Legislative Decree no. 206/2005 (Codice del consumo) will be applied. The User is entitled to withdrawal from the contract within 14 days from the Course purchase. The User can inform Gamedu of his/her decision to make use of the right of withdrawal, sending a communication via email with his/her references and a copy of receipt. In order to facilitate the process of refund, the User will be able to preliminarily verify the existence of all the basic requirements for his/her right to reimbursement by checking the conditions at https://gamedu.online/withdrawal-policy. Subsequently, Gamedu will activate the refund procedure only after having received notice of Withdrawal and having verified the requirements for obtaining such refund. From that moment on, the access to the product/service will be forbidden to the receding User.
Art.24 THREAD BOARD (COMMUNITY) – The service consists in Gamedu granting a dedicated area to the Teachers as well as an area created for those subscribed Users registered to one or more courses. Each Thread Board has its own guideline, published at the following URL https://gamedu.online/thread-rules/ constantly updated by Gamedu. Such guidelines describe the modalities of access and the operation details. Through the community, as an example, it is possible to publicly share contents related to teaching, experiences, interests and topic learning. Gamedu, as intermediary, limits itself to supply the Parties with an area of interaction. Therefore, the Parties will publish their contents through the mere technical support of Gamedu. Gamedu will not provide moderation, meaning ex ante inspection of the contents before their publication. The Parties declare to be the right-holders of the whole material (photos, brands, texts, contents) made available in the Thread Board. They also declare that such material does not violate the current regulations nor third parties’ rights. The Parties authorise Gamedu to extract and use all the contents uploaded for fulfilling and optimising research for topics. They also declare to be the holders of all the rights of use and commercial exploitation over such contents. For the purpose of application of directive 2000/31/EC it is expressively intended that Gamedu is not obliged to monitor the contents and material supplied and/or uploaded by the Parties. Gamedu is unconnected to those potential activities performed later and independently by the Parties, even if promoted and arranged through the community. In no case shall Gamedu accept liability for the data inserted, transmitted or discussed by the Parties through the Thread Board. Gamedu reserves itself to adopt any initiative to safeguard its rights and interests. The parties give Gamedu the right of sharing and exposing such contents at the sole aim of actualising the Service. The Parties give Gamedu the right of advertising the webpage’s services using photos and names and/or the name of the Teacher or User, within the online marketing, in its wider sense. Gamedu manages advertising campaigns at its own expenses and at its own discretion. The Parties will be responsible, liable to compensate and protect Gamedu against any direct damage and loss, responsibility, obligation, cost, right, all type of claim, interest, penaltiy, legal procedure and expense (including, as an example, expenses and legal costs) to which Gamedu was or will be submitted following a violation of the present Terms and Conditions made by the Parties or claims made by third parties caused by the violation – even alleged – made by the Parties of any of their right. Provided that the Teacher is allowed to publish contents of any discipline within his/her own Thread Board, it is assumed the direct obligation to indemnify Gamedu against any claim by the User or third Parties due to objections related to activities and services of the same Teacher towards the User. The Parties also assume to indemnify Gamedu against any type of vindication by the User or third parties due to a difference in what has been published and the service actually provided, or to similar situations. The Teacher therefore assumes the obligation of answering to the User’s expectations, following a diligence criteria ex lege to be evaluated with respect to the nature of the activity practised, as also to safeguard the image, the full operability and the functionality of the Platform. The parties accept that the violation of the present article may involve the immediate rescission of the Agreement. For the published contents, art.14 of the present Terms and Conditions is applied entirely (“Confidential Information”). Under no circumstances shall Gamedu be held responsible for any type of loss or damage (as an example but not limited to, damages for loss of profits, loss of goodwill, loss of data, injuries, consequential damages, profits lost, chance losses, rights violations) directly or indirectly due to: (a) the Webpage; (b) the contents inserted by the Parties and their professional activities; (c) an incorrect use of the service; (d) any action adopted following an investigation by Gamedu or by public authorities; (e) copyright or intellectual property violations; (f) errors or omissions in the service functioning; (g) any damage to Users’ informative devices, mobile devices or other devices and technology, due to security violations, viruses, bugs, alterations, frauds, errors, omissions, interruptions, defects, lateness, network failures or any other technical malfunction; (h) erroneous data supplied by the Teachers advertising their activity; (i) erroneous data supplied by the Users.
Art.25 INDUSTRIAL AND INTELLECTUAL PROPERTY – “Gamedu” name and logo are brands property of Web Lab Group s.r.l.s., therefore shall not be copied, imitated or used, without previous written authorisation by Gamedu, unless in conformity with the following brand’s guidelines. All the page headers, the personalised graphics and the scripts can not be copied, imitated or used, without Gamedu’s written authorisation.
Art.26 BRAND GUIDELINES – The brand “Gamedu” (i) can be freely used by the press or by information websites in general as an image accompanying articles about “Gamedu”; (iii) it can be used by those websites willing to create a link to the Service’s webpage; (iii) it can be used by the users to create a link to “Gamedu”.
Art.27 LIMITATION OF LIABILITY – Under no circumstances shall Gamedu be held responsible for any type of loss or damage (as an example but not limited to, damages for loss of profits, loss of goodwill, loss of data, injuries, consequential damages, lost profits, chance losses, rights violations) directly or indirectly due to: (a) the Platform; (b) “Gamedu”‘s contents; (c) the activities of the Parties; (d) an incorrect use of the Service; (e) any action adopted following an investigation by Gamedu or by public authorities; (f) copyright or intellectual property violations; (g) errors or omissions in the service functioning; (h) any damage to Users’ computers, mobile devices or other devices and technologies, due to security violations, viruses, bugs, alterations, frauds, errors, omissions, interruptions, defects, lateness, network failures or any other technical malfunction; (i) erroneous data supplied by the Parties advertising their activity;
Art.28 SERVICE INTERRUPTION – “Gamedu” supplies a “flat”-type service, 24h/24. In any case, there will be occasions in which the service may be interrupted, as an example but not limited to, in case of maintenance or update, for emergency repairs, due to interruptions in the telecommunication service. The Parties accept such circumstances.
Art.29 NOTIFICATIONS AND COMMUNICATIONS TO GAMEDU – Notifications and communications to Gamedu must be written in Italian or in English, taking into account the User’s nationality and sent via email to the address indicated by the present Agreement.
Art.30 JURISDICTION AND COMPETENCE – The present agreement has been written both in Italian and English. The agreement will be exclusively regulated and interpreted in conformity with the Italian law. In case of any dispute related to the present Agreement – and in case the User is not qualifiable as consumer – this shall be submitted and managed by the competent Court of Spoleto. Pursuant to and for the purposes of Art. 14 of EU regulation no. 524/2013, consumers residing in a Member State of the European Union are hereby informed that for disputes resolution related to the present Agreement and to the online services provided by the Platform, the procedure of Online Dispute Resolution can be adopted, whose website can be found at the following link: webgate.ec.europa.eu/odr/. In compliance with the above-mentioned regulation, Web Lab Group s.r.l.s. at the following webpage: https://gamedu.online.
Art. 31 DATA ACCESS – Pursuant to art. 9 of the EU regulation no. 2019/1150, Web Lab Group informs to have access to Users and Teachers’ personal and invoicing data, to ensure a correct management of commercial relations between the parties, as better specified in the current Terms and Conditions section. Therefore, Web Lab Group informs that the Teachers may have access to Users’ personal data and contact information provided during the registration process. Such data are necessary for the fruition of the services offered, specifically for the fruition of online Courses purchased within the modalities and terms described by the present Terms and Conditions. Users and Teachers’ data are not object of provision to third parties.
Art.32 AGREEMENT ASSIGNMENT – The Parties expressly agree on Gamedu substituting itself with a third party in the relationships arising form the present contract.
Art.33 SEVERABILITY CLAUSE – Shall any of the present Terms and Conditions be retained illegal, invalid or for any reason unenforceable by a competent Court, the Parties agree that such disposition shall be distinguished by the present contractual Terms and Conditions and shall not prejudice the validity and the applicability of the remaining dispositions.