Terms and Conditions for online coaching sessions
The present conditions of use of the platform (hereinafter "Conditions of use" or "General conditions") govern the relationship between User, Manager and Professional. All the rules relating to Privacy are contained in the appropriate section of the Site.
During the online coaching sessions the user can have an indicative and general answer, absolutely non-binding and which can never be understood as a psychological / medical consultation or replace such professional services, which will therefore remain necessary for the solution of specific problems. of the User;
acceptance of the general conditions of use of the site
These Terms of Use, as well as the information / conditions relating to Privacy will be understood as read, understood and accepted:
- when the User access, browse, download or use the Platform in any way;
- when, in the Registration and / or subsequent Registration phase, the User confirms that they have been read, understood and accepted by ticking the appropriate box;
- in any case, with the use of the Services offered.
registration / enrollment requirements
Upon registration and registration, the User guarantees:
- to be in possession of the legal and natural capacity to act, as well as, where required, the power of representation, legal or organic, of the person in the name and on behalf of whom he acts;
- that any previous membership / registration has not been canceled, inhibited, suspended or interrupted for reasons governed by these General Conditions;
- that the data entered correspond to truth and completeness; to this end, the check in the relevant field constitutes a substitutive declaration of an affidavit pursuant to Presidential Decree 445/2000, for the violation of which the Operator reserves the right to report to the Competent Authorities;
- not to use the Platform in any way that could cause damage to the Manager, the Site, the Platform and other Users of the Platform itself.
how to register / enroll
The User undertakes to enter the requested data according to truth, correctness and good faith.
User registration on the Platform.
The User must fill in the appropriate form by entering name, province of residence, date of birth, valid and active e-mail address. The User must also enter a PASSWORD and will be able to use the Platform only through the Login Data provided.
Registration of the registered User
The user will be able to access the professional activity. The User must enter their name / surname / gender / residential address / telephone number.
The User will be solely responsible for any activity conducted on the Platform through his / her account, both for his own account and for the fact of third parties, even unauthorized ones.
The User has the duty of keeping, secreting and using his Login Data diligently and exclusively and if he suspects that they have become aware of unauthorized third parties, he must take steps to change them with the greatest care.
As of now, the User indemnifies the Operator from any liability inherent in the failure of the User to comply with the charges indicated above.
how to access services
The User accesses the Services directly linked to his / her access status, exemplified below. The Guest User can access the following services:
- public section of the site;
- viewing of all generic contents published and present on the Platform.
The Registered User will be able to access the following services:
- insert in the item "QUESTIONS AND ANSWERS" present in the Public Section, questions relating to a problem concerning the scientific field of the Platform, on which will be able to receive an answer indicative and in principle, absolutely non-binding and which can never be understood as a psychological / medical consultation or replace such professional services, which will therefore remain necessary for the solution of specific problems of the User;
- enter in the item "GROUPS / FORUM / COMMENTS" impressions / comments / utterances .
In this public section, the name, age and province of residence entered during registration are made public and visible by Users.
Vice versa, it is expressly forbidden for the registered User to enter any sensitive data in this public Section. To this end, the registered User exempts the Manager from any liability inherent in the presence and therefore the public visibility of such data, due to the fact or fault of the registered User.
By checking the appropriate box in the registration form, the registered User agrees to receive from the Platform, at his / her indicated e-mail address, information newsletters and any other communication relating to the Platform itself.
modalities of access to the professional activity by the user
Access to the professional activity can only take place in the presence of two requirements:
- User registration;
- payment by the User of a sum in the appropriate section on the Platform.
methods of providing professional activity
The professional activity is provided to the Beneficiary in the following ways:
- private video consultancy;
- exchange of data / notes / communications relating to the Professional / Registered User consultancy relationship;
- exchange of email correspondence between Professional / Registered User.
The conduct of the sessions and the exchange of information between the Professional and the registered User takes place in a reserved area, subject to protection through the login data and therefore the Manager cannot in any way be held responsible for unauthorized access by third parties due to fact, fault or negligence of the User.
The Professional manages the performance of his / her professional activity in full autonomy and in the manner deemed most appropriate, in compliance with the Code of Ethics and the general principles of correctness, seriousness and loyalty that characterize the coaching profession. When the professional activity is provided at the request of a person other than the Beneficiary of the service itself, the Professional will clarify with the parties involved the nature and purpose of the intervention.
The professional activity can be interrupted if the Beneficiary no longer intends to continue, or if the Professional finds that the same no longer draws or will no longer benefit from the continuation of the professional activity itself.
In any case, the remuneration to the Professional remains due for the professional activity performed up to the moment of the interruption of the relationship.
ancillary services
The Platform also makes ancillary Services available to registered Users free of charge.
Also by virtue of the gratuitousness of these Services, the User is the one and only responsible for the object and content of the information created or entered by the same on the Platform.
user obligations
The User undertakes to operate within the Platform according to fairness, diligence and good faith, avoiding behavior that is even potentially harmful or that may induce other Users to use the Platform that does not comply with these General Conditions of Use.
The User undertakes to create, enter and use in the Platform and / or the Site only information or information flows that are lawful, non-offensive, not prohibited, non-abusive and which are owned by the same or of which in any case he may lawfully arrange.
The User also undertakes to enter and / or use only information within the Platform that is appropriate, relevant and pertinent to it.
If the Manager detects unsuitable or pertinent contents, even after being notified by other Users, it can remove and delete them, as well as delete the registered User in the most serious cases.
The User is exclusively responsible for what he has published and entered on the Platform in any capacity and therefore the Manager is exempted from now on from any liability due to this title.
The User undertakes not to use the Platform and related services for the exclusive purposes of mere profiling of other Users, direct or indirect marketing, speculation, competition, or any other purpose that is in contrast with the object and contents. of the Platform.
In particular, the User undertakes, by way of example but not limited to, to:
- not to sub-license, sell, lease or rent, create copies, download, export or import the contents of the Platform, or in any case grant third parties rights for any reason or for any reason on the Platform, on the logic and on the system adopted by the same;
- not to carry out reverse engineering, decompilation, decryption, hacking, cracking, DdoS attacks, research of the source code and its communication to unauthorized third parties or dissemination;
- not to carry out operations such as to counterfeit the trademark and copyright rights and any other residual industrial and intellectual property rights that the Platform, the Services offered therein and the Manager itself enjoy;
- integrate the Platform and / or the Services integrated therein, for example through deeplinking or framing or embedding, in another site and / or platform and / or service and / or software in any case intended, without prior authorization from the Manager.
The User is aware that the Operator may use third party software on the Platform and / or Services and that therefore a separate license for use may be required for the use of certain services. In this case, the Operator will make every effort to use the forms of use to bring to the User's knowledge as much information as possible in relation to this additional license. The User is also made aware that the internet is based on the sharing of contents and that once information has been entered on the internet, it could become no longer adjustable and controllable. The Manager, therefore, is not responsible for the improper use or illicit appropriation by Users in relation to the information created, entered or used on the site or platform.
All data / information / content that the User will insert through the Facebook, Twitter, Instagram or other form of plugin software implementation that allows access to external software will be subject to the conditions of use
and use of such third-party software and, therefore, the Manager is exempt from any liability in this regard.
liability exemptions
The Manager cannot in any way be held responsible for the following:
- acts, facts, conduct, negligence, imprudence or inexperience of the Professional in the exercise of his professional activity, or in any other case in which the Professional operates in total autonomy and according to his own responsibility; in fact, the Operator limits itself to facilitating the possible start of a relationship between Professional and Beneficiary, aimed at rendering a professional activity, as well as rendering the Services and the ancillary Services, as well as making it possible to meet the Users' questions online and the answers of the Professionals, as well as the exchange of testimonials between Users, making available a web space accessible by anyone according to the rules of these Terms of Use;
- any disruptions, interruptions, suspension of the Services, of the network, of communication flows and any other failure of the Platform, due to force majeure not attributable to the Operator and independent of its will;
- in any case, the provisions set out in Articles 14, 15, 16 and 17 of Legislative Decree 9 April 2003 n. 70, as well as articles 12, 13, 14 and 15 of Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000, with the relative exemptions from liability provided for and regulated therein, in favor of the Operator who will be considered, depending on the specific service in the specific case, mere conduit, caching provider or hosting provider.
indemnity
The registered User and the Registered User undertake from now on to hold the Manager harmless and harmless from all prejudices that may arise from the same as a result of any violation, incorrect behavior, acts or facts put in place by the Registered User and / or Registered User themselves.
faculty of the manager
The Manager reserves the right to suspend and / or interrupt the Platform and / or the Services and / or the ancillary Services and / or the rendering of the professional activity through its Platform at its discretion, or to make changes to the structure, giving notice to Users for 15 days. In such cases, once this term has elapsed, the Manager reserves the right to withhold or permanently delete all data and information contained in its databases.
The Manager reserves the right to link, connect, collaborate with third party sites, platforms and networks. In such cases, the Manager may:
- grant subscribers to such sites, platforms and networks the right to access the Platform through their login credentials used for said sites, platforms and networks ("single sign-on");
- grant the registered Users and registered Users the right to access such third party sites, platforms and networks.
In the cases referred to in the preceding point, all the information contained, or entered by the registered Users and / or by the Users registered in such sites, platforms, networks of third parties are subject exclusively to the managers of the same, as well as to the conditions of use and policies of management applied by them. Therefore the Manager cannot be held responsible in any way for everything that falls within the sphere of management of such third parties.
commitment to report
Registered Users and Registered Users undertake to report to the Manager, in the manner provided, all situations they consider harmful, inappropriate, abusive, illegal and in any case contrary to these General Conditions.
Registered Users and Registered Users also have the right to report to the Manager all the inefficiencies / defects / inconsistencies found in the Platform, so that the Manager can provide in the manner, times and contexts that it will be able to comply with.
processing of personal data
The Manager invites and recommends Users to carefully read the information on the processing of personal data pursuant to art. 13 d. lgs. 196/2003 which is found in the specific "Privacy" section of the Platform. The Manager warns as of now that if the User does not provide prior consent where required, he or she will not be able to use some Services, such as the professional activity.
As regards the use of cookies by the Platform, please refer to the same Information.
industrial and intellectual property
The Platform, the Services, the ancillary Services, the related distinctive signs, the texts, the images, the business idea and all the ways in which it is expressed, the technology used, the know-how, as well as in general all the information and goods intangible assets that relate to what is governed by these General Conditions are the exclusive property and right of use of the Manager, who have the moral and property rights as governed by the legislation on copyright (Copyright Law and corresponding legislation Community and international) and that on industrial property (Industrial Property Code and corresponding community and international legislation).
The sign "Narcissists and Demons" and "Monica De Santis", "Monica De Santis Life Coach" is and remains an industrial property right exclusively owned by the Manager.
The know-how related to the technology, logic, system, languages used, as well as all the remaining company information of the same Operator used for the development of the methods and management of the Platform is also the exclusive property of the Operator.
The industrial and intellectual property rights on any implementations, changes, additions made to the Platform and / or the Services, even if required by specific needs of the User, remain in any case the exclusive property of the Manager.
The projects and any technical, legal, commercial, demonstrative, promotional, informative and advertising material, however connected to the subject of these Terms of Use, are protected by the industrial and intellectual property rules in favor of the Manager.
The Platform, the Services, the ancillary Services, as a whole, the related applications, the related documentation, as well as any modification, improvement, integration, correction and updating are granted to Users in a mere non-exclusive and temporary use license, of duration. limited to the period of navigation on the Platform and / or Registration and / or Registration and / or use of the Services and / or ancillary Services and / or the professional activity. In no case will navigation on the Platform, its use or the use of the Services and / or ancillary Services or the professional activity give rise to
of the User's rights on the same by way of assignment or any other title that could entail the transfer of ownership or final enjoyment, not even if the User accesses services involving the payment of a sum.
In no case must the source code of the Platform be considered the subject of the license for use and in no case must the license be considered as copyleft.
If the Beneficiary is a person other than the User, the provisions of this article are understood to refer to the first as well.
information confidentiality obligation
Users undertake to keep confidential and not disclose to third parties the news, in any way learned, relating to personal and especially sensitive data, source codes, access passwords, data processing systems, the content of communications, the know -how, as well as in general to all the information referred to in art. 98 of the Industrial Property Code, of which they became aware during, on the occasion or in execution of these General Conditions.
The following information does not fall within the obligations referred to in this article:
- which one of the Parties was already aware of before signing the contract;
- were already in the public domain.
The confidentiality obligation will continue to be valid even after the termination of the relationship between the Platform and the User and, in any case, until the confidential information becomes public.
prohibition of competition
Users undertake to refrain, for the entire duration of the relationship with the Platform and for the two years following its termination, from any action that is likely to create situations of competition with the Supplier.
By way of example and not limited to, the Registered User undertakes not to develop on their own and on behalf of third parties the same or similar services to those offered by the Platform or which interfere with the subject of these General Conditions, as well as, in general, not to exercise or promote, on its own or on behalf of third parties, directly or indirectly, other activities in competition with the Manager.
This prohibition is limited to the subject of these General Conditions, as well as to identical or similar objects; it is effective only for the territory of the Italian Republic and its consideration is already considered by the Parties in the regulation of the use of the Platform.
express termination clause
These General Conditions are considered resolved by law, pursuant to and by effect of art. 1456 cc, upon the fulfillment of even one of the following conditions, if the interested party declares to the other that it intends to make use of them:
- violation by the User of the rules of conduct governed in these Terms of Use;
- violation of the rules on the payment of the fee to be paid by the User;
- violation of the provisions relating to the processing of personal data;
- violation of the provisions on industrial and intellectual property;
- breach of the confidentiality obligation;
- violation of the non-competition agreement;
- occurrence of a sufficiently serious circumstance to prejudice the relationship of trust between the Parties.
right of withdrawal
The User has the right of free and unlimited withdrawal, but such withdrawal does not give the right to reimbursement of the amount paid, within the limits in which the amount relates to the professional activity already rendered or for which the Professional has already put in place suitable for rendering it (for example by studying the problem, organizing the performance of the Activity with the scheduling of meetings, etc.).
In cases where the right of withdrawal is admissible in favor of the User who holds the status of consumer pursuant to the current legislation, he has the right to withdraw within 14 days from the communication that the professional activity will be rendered by the Professional and in this case he will have the right to the refund of the amount paid, except for the retention of that part of the Credits that relates to a professional activity already carried out or to those preliminary acts that the Professional has put in place in view of this Activity, as above exemplified.
To exercise the right of withdrawal, the User must write an email to the email address narcisistiedemoni@yahoo.com.
If the right of withdrawal is admissible and once the conditions for its correct exercise have been verified, the User will have the right to have the sum refunded within 14 days from the date of receipt of the notice of withdrawal, using the same payment method used by the User. The right of withdrawal terminates any obligation between the parties. Without prejudice to the foregoing, the Registered User, as well as the Beneficiary, may at any time and without the need for a justified reason interrupt the professional activity and revoke the appointment of the Professional.
In such cases, however, the compensation is still due to the Professional himself for all the professional activity carried out by him up to the moment of the interruption of the relationship.
warranty
The Operator offers its Users the guarantee "Entrust yourself to one of our professionals for a first interview, we guarantee you an optimal experience and, in any case you are not satisfied, we will refund the amount spent". The guarantee covers coaching services only carried out via video consultancy via webcam with the monicadesantis.com platform. The reimbursement can be requested only for the first interview and for facts not attributable to any disservices, interruptions, suspension of the Services, of the network, of the communication flows and any other failure of the Platform, due to force majeure not attributable to the Manager. and independent of his will.
To request reimbursement, the user must submit an explicit request to be communicated by registered letter with acknowledgment of receipt to be sent to the Manager, and the reasons of the refund request. If reimbursement is admissible and once the conditions for its correct exercise have been verified, also through a discussion with the Professional
who performed the service, the User will have the right to be reimbursed the sum equal to the amount spent for the purchase of the first interview.
general changes to the conditions of use of the site
The Manager reserves the right to modify these Conditions of use of the site unilaterally and by giving specific information to its Users in the forms of use through publication on the Site.
The navigation within the Platform, or the use of the Services and / or the ancillary Services and / or the professional activity after the changes referred to in the preceding point are understood as tacit consent by the User to the Conditions of use as updated in the version published and in force at that time.
jurisdiction and applicable law
The Parties agree that the Italian jurisdiction will be competent for disputes relating to the existence, validity, effectiveness, interpretation, resolution, compensation of damages and execution of these Conditions of use, the Italian jurisdiction will be competent, with express derogation of any other jurisdiction. Without prejudice to the foregoing, if the subject matter of the dispute is subject to the Consumer Code and the User is a Consumer, the latter can alternatively choose whether to contact the judicial authority of his domicile (if different from Italy) or the judicial authority in the event of application of the 1968 Brussels Convention or Community Regulation 2001/44 / EC.
The Parties also agree that if the relationship has international characteristics, for any dispute or question relating to the existence, validity, effectiveness, interpretation, resolution,
compensation for damage and the execution of these Terms of Use, Italian law is expressly applied.
The agreement on jurisdiction and the choice of applicable law referred to in the preceding points are expressly accepted with the acceptance of the General Conditions.
Jurisdiction
Any dispute that should arise regarding the existence, validity, effectiveness, interpretation, resolution, compensation for damage and execution of these General Conditions will be the exclusive competence of the Court of Pavia, without prejudice to the competence of the Court of Pavia, Section Specialized in business matters, for the matters governed by art. 3 of Legislative Decree 168/2003 and by art. 134 of Legislative Decree 30/2005 (Industrial Property Code). Without prejudice to the above, if the subject matter of the dispute is subject to the Consumer Code and the User is a Consumer, the mandatory territorial jurisdiction is of the judge of the place of his residence or domicile, pursuant to art. 63 Legislative Decree 206/2005.
The mandatory provisions of the law, such as those provided for by the legislation for the protection of consumers (Legislative Decree 206/2005) are automatically intended as derogations of the corresponding clauses of these Terms of Use, which however remain in force for all the remaining conditions that have not been derogated.
Last updated: July 19, 2021