TERMS AND CONDITIONS ENDU

(In force since 09/11/2016)

Summary


Introduction
  1. Use of the Website
  2. Data treatment and management
  3. User guidelines
  4. Third party applications
  5. Payments, cancellation and right to withdraw
  6. Limitation of liability and guarantees
  7. Attachments to these T&C
  8. Safeguard clause
  9. Competent court and governing law
  10. Intepretive criteria

Welcome to the Terms and Conditions page of www.endu.net.

This document refers to the User rights to use the services of the website www.endu.net. We invite you to read it carefully, along with our Privacy Policy and extended Cookie Policy

Introduction


The following pages contain the terms and conditions (“T&C”) to use www.endu.net (hereinafter “Site” or “Portal”), an online platform focusing on endurance and outdoor sports, as well as all the web or mobile services and softwares temporarily or permanently linked to it.

The Site and Portal's services are realized and provided by Engagigo S.r.l. (hereinafter “ENDU”, or the “Company”), having its principal place of business in Via Francesco Paciotto n. 6/A, 43124, Alberi di Vigatto (PR), Social Security Number and VAT n. 02804190342, Italian certified e-mail address engagigo@securpost.eu.

These T&C, with the Site's Privacy Policy and Cookie Policy, are deemed to be an integral part of this document. Therefore each User or visitor of the Portal must comply with the use he/she intends to make of the services offered by the Site with regards to the following, that is, what is included in the terms and conditions concerning all other functions of the Portal.

If you do not wish to be bound by these T&C then please do not use the Site.

It bears specifying that the Company may, from time to time and to its own discretion, change some of the services connected to the use of the Portal. However, in that case the users will be notified of any possible amendments ad changes and be expressly required to acknowledge and accept them.


  1. Use of the Website

    1. The User must be 13 or older to use the Site.

      In order to use the Site's pay services the User must:

      1. be 18 or older. If the User is 13 or older a parent or tutor must authorize the acceptance of the rules listed in these T&C;
      2. be able to sign a contract with the Company in accordance with the governing law (Users who are 13 or older must have a parent or tutor sign the contract on their behalf);
      3. be resident in the Country where the contract has been signed from.

    2. The User warrants that any registration information submitted to ENDU is true, accurate, and complete and always referring to him/herself, undertaking to keep it as such and/or promptly update it when necessary.

    3. The password protects the User account, with the User being responsible of its security and privacy. The User agrees to be the responsible person for any and all actions taken under the User's ID and password. The User must notify ENDU at info@endu.net of any breach of security, or stealing of the password, and change the password immediately.

  2. Data treatment and management

    1. ENDU undertakes to collect, elaborate, and process the data and information submitted by the Users on dedicated sections of the Site always and only in accordance with the principles and provisions stated in the Legislative Decree of 30 June 2003, no. 196 – Italian Personal Data Protection Law – in accordance with the prescriptions and case law of the Italian Data Protection Authority and pursuant to the Site's aforementioned Privacy Policy and Cookie Policy.

    2. The Company may also collect, process, and treat information and data of third parties, providers, or Portal partners willing to improve their offer of events, products, and services directed at the Users and visitors of the Website.

    3. ENDU warrants to use the information and data in a diligent fashion to exclusively ensure the Portal's services and other services connected with it. It also warrants not to turn over, reuse, sell, and/or make available the User information to third parties without prior authorization.

  3. User guidelines

    1. These T&C list the basic rules that the User must respect to use the Portal's services and access the sections of the Site. These include:

      1. Agreeing not to disturb, abuse, limit, or in any way violate the rights of third parties, and/or act in ways that do not comply with the goals set by the Site's services or these T&C;
      2. Agreeing to use only his/her personal details to access the Portal's services via the User's personal account. The User agrees not to use other Users details to access the Site, unless expressly authorized by them;
      3. The person in charge of managing the account of a legal entity, institution, association, or organization warrants to be its legal representative or to have been authorized to legally represent it for the time being and releases ENDU from any liability deriving from any unauthorized use of the account, name, brand, or business name of the represented institution;
      4. The prohibition to upload content, including registration details and user accounts, that are abusive, offensive, obscene, pornographic, illegal or meant to promote or carry out an illegal act of any kind, including a violation of ENDU or third parties' privacy or proprietary rights;
      5. The prohibition to upload or send forward material that may upset or disturb the Users, meaning content that falsely represents an affiliation with other Users, or other persons and institutions, or that is in any way fraudulent, false, or misleading;
      6. The prohibition to use the Site to send forward malwares, Trojan viruses and other malicious softwares, or to interfere with the User access or interaction with the Portal, interfering with its system by tampering with, probing, or testing the vulnerability of the provided systems, that is defeating ENDU's security measures;
      7. The prohibition to send forward to other Users, partners, or third parties that have access to the Portal unsolicited mass emails (“spamming), chain messages containing messages that promote or advertise any kind of goods or services, also via ENDU's online chat.
    2. ENDU respects the holders of intellectual property rights and expects its Users to do the same toward each other, ENDU's partners, and third parties that use the Portal. This means, for example, that the User agrees not to:

      1. Copy, reproduce, extract, register, or make available to the public a part of ENDU's services, meaning engaging in any action performed by using the services provided on the Website but not expressly authorized by these T&C or specific agreements;
      2. Use the Portal's services to import or copy local files that the User is not legally authorized to use, meaning eluding any technology in use by ENDU, its licensees, or any third party to protect the contents of the Website;
      3. Circumvent possible territorial restrictions applied by ENDU, meaning renting or leasing any part of the services without a valid legal title or right made available in writing.
    3. If a User believes that a third party content published on ENDU (i) violates his/her copyright, (ii) harms his/her image or commercial reputation, or (iii) falls within one of the categories set out in Clauses 3.1 and 3.2, he/she may submit a removal request, meaning a request to block access to the content, filing the written form to the Company's certified e-mail address: engagigo@securpost.eu

    4. Not to sell, export, export again, transfer, or otherwise dispose of – directly and indirectly – of all the products, softwares, and technologies connected with the services provided by ENDU following submission to these T&C and in accordance with all the national and international norms and regulations applicable in relation to the so-called “dual-use”.

    5. In case of violation of the terms of this agreement, ENDU reserves the right to suspend, at its own discretion, the account of the User responsible of the violation. Further, if the violation entails a violation of the governing law, ENDU reserves the right to report the User account to the competent judicial authority.

  4. Third party applications

    1. ENDU does not vouch for, approves, or takes responsibility for possible third party applications and the associated content published by the User, meaning any other product or service advertised or offered by third parties on the Portal or via hypertexual link to a given website, banner, or other advertisement.

    2. The User acknowledges and accepts that ENDU is not responsible for any transaction between the User and the providers of third party applications, products, or services advertised on or via the Website. As for any purchase of product or service, via any means or in any environment, the User should trust his/her own judgement and apply it with caution.

  5. Payments, cancellation and right to withdraw

    1. These Conditions will apply until termination by the User or ENDU. The latter may terminate these T&C and suspend access to the Site at any moment and in case of effective or alleged improper use of the Portal, or failure to observe these T&C.

    2. The User acknowledges that ENDU will not be held responsible if a part terminates the agreement, or if ENDU suspends access to the Site. If ENDU or the User terminates the agreement, meaning if the User's access to the Portal is suspended, ENDU will not refund the amount paid by the User, to the fullest extent of the governing law and in accordance with art. 9 below.

    3. If you wish to close your account, please email ENDU at: info@endu.net

  6. Limitation of liability and guarantees

    1. The User accepts that, within the limits of the governing law, the only solution to any problem or dissatisfaction with ENDU's services, third party applications, or their content is to uninstall all of ENDU's softwares and to cease using the Portal's services, third party applications, or their contents.

    2. To the fullest extent of the law and under no circumstances ENDU, its executives, shareholders, employees, agents, directors, controlled societies, successors, providers, or licensees will be held responsible for (i) indirect, special, accidental, punitive, exemplary, or consequential (included the loss of use, data, businesses or profits) damages, due to the use or inability to correctly operate ENDU's services, the third party applications and their contents, regardless of ENDU having been notified of the possibility of said damages and also if the appeal is not successful; (ii) overall responsibility for all the complaints concerning the Portal's services, third party applications or their contents, as well as the amount paid by the User to ENDU in the last three months, if the User has used pay services on the Site.

    3. ENDU undertakes to provide the best possible service, but the User acknowledges and accepts that ENDU'S SERVICES ARE PROVIDED “AS THEY ARE” WITH NO EXPLICIT OR IMPLICIT GUARANTEE OR ANY KIND OF CONDITIONS. ENDU DENIES ANY GUARANTEE OR MARKETABILITY CONDITION, SUITABILITY FOR A SPECIFIC GOAL, OR NON-VIOLATION.

  7. 3. Attachments to these T&C

    1. These T&C are the only terms and conditions agreed between the User and ENDU and replace any other possible agreement previously made, in written or oral form, concerning the usability of all of the Site's services.

    2. Please note that the use of the Portal's services by the User will be governed by the rules contained in these T&C, especially with regards to, and including but not limited to: (i) access to ENDU's customer care, (ii) access to the Site's live streaming service, (iii) free or discounted tests offered by the Portal, (iv) monitoring and uploading the outcomes of the events by the Users or third parties, and (v) the Site's section dedicated to improving the customer base and online and offline promotion of events.

    3. These T&C govern the Site's services in general and exhaustive terms. If these T&C are in conflict with those of other services, even third party ones, the latter will prevail, unless otherwise provided for in the governing laws and regulations.

    4. We may occasionally offer Users the chance to take part in lucky draws, contests, surveys, and other such initiatives via the Site's services. These activities may be regulated by specific terms and conditions, even different ones from those of these T&C. If the rules of those terms and conditions are in conflict with those governing these T&C, the latter will still prevail.

  8. Safeguard clause

    1. Even if a provision of these T&C is, for any reason or to any extent, deemed invalid or not applicable, that will not affect or invalidate the remaining provisions and the application of such clause will still be valid to the maximum extent allowed by the law.

  9. Competent court and governing law

    1. Unless otherwise required by the law of a Member State of the European Union or by any other jurisdiction, these T&C are subject to Italian laws, regardless of the choice of Users, third parties, or possible conflicts of jurisdiction concerning the applicable law.

    2. For any dispute about, depending, or otherwise referring to these T&C, the Court in Parma is the exclusive competent court, even in the presence of connected cases.

  10. Interpretive criteria

    1. These T&C, like any other agreement and legal document, are written in Italian. Any translation into foreign languages will be deemed as catering to the needs of those who do not know Italian. If a translation conflict arises between the original version and translations in other languages, the Italian version will always prevail.