General conditions of software supply and sale of online services
General conditions of software supply /sale of online services
Art. 1 – Definitions
- These General Terms and Conditions available to the user for reproduction and storage pursuant to Art. 12 d. Lgs. 70/2003, have as their object the provision of software and the sale of services, carried out remotely by means of a telematic network through the website adiuvet.com (hereinafter: Website) belonging to People Lab srl, based in Milano, Via Oldofredi, 45, CAP 20125, CF/PIVA 04212840963, tel. 02.29007051, e-mail email@example.com.
- Software supply/sale contract of online services means the remote contract, that is, the legal transaction concerning the software products and/or services concluded between People Lab srl (below also Supplier) and a professional User (below also Customer), within a distance electronic commerce system organized by People Lab srl who, for the conclusion of that contract (Agreement), uses exclusively the technology of communication to distance called internet.
- Professional user means a natural or legal person who purchases goods and services for directly or mediately purposes related to its professional activity.
Art. 2 – Acceptance of the conditions of supply and sale
- These terms and conditions are valid from the day 15.12.22 and may be updated, integrated or modified at any time by the Supplier, who will give notice through the pages of the Website, obviously having effectiveness for the future; the conditions foreseen in the premise are an integral and essential part of this contract.
- All contracts will be concluded directly through the Customer’s access to the Website, where it may conclude the contract for the supply of software and the purchase of services following the indications and procedures indicated therein.
- These general conditions of sale and their attachments must be examined “online”, before the completion of the supply/purchase procedure. The placing of the order (and of its attachments) therefore implies total knowledge of the same and their full acceptance.
- By sending your order online, the Customer unconditionally accepts and undertakes to observe the following general and payment conditions, in its relations with the Supplier. It declares that it has read and accepted all the indications provided in accordance with the regulation mentioned above, also noting that the Supplier does not consider itself bound by different conditions other than those previously agreed in written form.
Art. 3 – Conclusion of the contract
- The contract will be concluded with the acceptance of the order by the Supplier and the subsequent sending of the order confirmation.
- The receipt of the order does not bind the Supplier until the same has expressly accepted the order with the order confirmation.
Art. 4– Subject of the contract
- This contract has as its subject:
- Supply of management application software
- Buying services on demand
- Application management software
- The Supplier has designed and developed a software called Adiuvet (below also Software), which is granted in use to the Customer after subscription specific license, and which consists in an application solution for the management of clinical and administrative activity of the Customer;
- The Customer can subscribe to 5 different types of licenses (whose specific contents are available at the following link: https://www.adiuvet.com/en/all-licenses/), and that below are indicated:
- license FREE (obtained through a voucher issued by associations, organizations or websites belonging to the partnership program Adiuvet);
- Professional license;
- Business license;
- Advanced license;
- Unlimited License
- Once the above licence has been signed, the Customer will receive the login/authentication credentials and can use from web browser the software that will configure on self-provisioning mode.
- Buying services on demand
- By signing this contract, the Customer may purchase online services whose characteristics are specified at the following link https://www.adiuvet.com/en/accessories/ and and in the page of courses for vet.
Art. 5 – Charges
- The fee for the various types of licenses for the use of the software Adiuvet referred to in art.. 4.2, lett. b) are indicated at the following link: https://www.adiuvet.com/en/all-licenses/;
- The fees for the services referred to in art.4.3, lett. a) are indicated at the following link https://www.adiuvet.com/en/accessories/ and in the page of courses for vet.
- With reference to the offer of these services, the Supplier reserves the right to update its contents and prices, with effect from the date of online publication of the amendments.
Art. 6 – Responsibilities
- The Supplier assumes no responsibility for the failures caused by force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, pandemics, and other similar events that prevented, partially or wholly, to execute the contract according to the agreed timetable.
- The Supplier shall not be liable to any party or third party on damages, losses and costs incurred as a result of non-performance of the contract for the above cases, the Customer is entitled only to the refund of the price paid.
- The Supplier is not liable for any fraudulent and unlawful use that can be done by third parties, credit cards and other means of payment, upon payment of the purchased products. The Supplier, in fact, in no moment of the purchase procedure is able to know the credit card number of the Customer which, by opening a protected connection, is transmitted directly to the operator of the banking service.
Art. 7 – Warranty
- As regards the software Adiuvet, the supplier shall ensure its proper functioning within the limits of the license.
- For what concerns the services referred to in art.4.3, lett. a), the Supplier, depending on the service offered, ensures the proper delivery or operation pursuant to and within the limits of Articles 1490 and 1495 cc, as well as by Art. 2236 cc.
Art. 8 – Obligations of the Customer
- The Customer is strictly forbidden to enter false and/or invented data, and/or fantasy, in the registration procedure necessary to activate the process for the procedure for the execution of this contract and the related further communications; personal data and e-mail must be exclusively your real personal data and not of third persons, or of fantasy.
- It is expressly forbidden to make double registration corresponding to a single person or enter data of third parties. The Supplier reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
- The Customer indemnifies the Supplier from any liability arising from the issue of incorrect tax records due to errors related to data provided by the Customer, the Customer being solely responsible for the correct insertion.
Art. 9 – Permissions
- . By filling in the appropriate space, on the website, the Customer authorizes the Supplier to use his credit card and to charge the total amount to the Supplier’s current account highlighted the cost of the purchase made “online”. All procedure is carried out through protected connection directly connected to the bank and provider of the “online” payment service, to which the Provider cannot access.
- If the consumer should exercise the right of withdrawal, as articulated in point 9 of these general conditions, or in any case where the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same credit card.
Art. 10 – Contractual termination and express termination clause
- The obligations assumed by the customer pursuant to art. 8. (Obligations of the Customer), as well as the guarantee of the good end of payment, have an essential character, so that by an express agreement, the default, by the Customer, of only one of these obligations will determine the resolution of the contract ex art. 1456 c.c., without the need for judicial decision, without prejudice to the right for the Supplier to take legal action for further damages.
Art. 11 – Protection of personal data
- The Supplier undertakes to process the personal data collected for the registration of the Customer and to activate the procedures for the execution of this contract, in compliance with the law for the protection of personal data (GDPR e TU 196/03 as amended by d.lgs.101/18) and for the purposes and in the manner best specified in the information ex art. 13 Reg. 679/16 EU available at the following link: https://www.adiuvet.com/privacy-policy/
Art. 12 – Applicable law and jurisdiction
- This contract is governed by Italian law and any disputes relating to it shall be assigned to exclusive jurisdiction of the Court of Milan.
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