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

This document concerns the rights of users in the use of the services of the website www.endu.net, and you are therefore invited to read it carefully, together with our Privacy Policy and Cookie Policy in their extended form.

Introduction

The following are the terms and conditions of use ("T&C") for the use of www.endu.net (hereinafter also the "Site" or the "Portal"), an online platform dedicated to the world of endurance and outdoor sports, as well as all web, software or mobile services temporarily or permanently connected to it.

The services of the Portal, as well as the Site itself, are created and provided by Endu S.r.l. (hereinafter "ENDU" or the "Company"), with registered office at Via Falcone 30/A, 43121 Parma, Tax Code and VAT number 02804190342, certified email address endu@pec.it.

These T&C, together with the Privacy Policy and Cookie Policy of the Site, are to be considered in all respects as an integral part of this document; therefore, each user or visitor of the Portal must conform their intended use of the services provided by it to what is indicated below, or to what is prescribed by the various terms and conditions of use relating to all other features of the Portal.

If you do not intend to fully accept these T&C, you are invited not to use the Site.

It should be emphasised, finally, that occasionally the Company may, at its own discretion, make changes to the services connected to the use of the Portal. In this regard, however, all such changes will be duly notified to users together with a specific request for express acknowledgement and acceptance of the changes themselves.

1. Conditions for use of the Site

1. To open an ENDU account and use all Services connected to that account, both free and/or paid, you must be at least 18 years of age. By registering with ENDU, the user confirms that they are of legal age and in any case have full legal capacity to enter into a binding contract with the Company. In the event of use of the Portal as a representative of another entity, the user guarantees that they have the relevant powers of representation and are therefore authorised to bind the represented entity to comply with the obligations set out in these T&C and in the Privacy Policy; in the event of a lack of representative powers arising from any cause, the user shall be personally liable to the Company for compliance with the obligations contained in the T&C and the Privacy Policy and for any damage suffered by the Company due to reliance on the validity of the representative powers.

2. To use the free services of the Site, you must be over 13 years of age.

   Through the Services, the user may register, under their sole responsibility, other individuals for sporting events and competitions or for sports clubs or associations. By using the Services to register a third party, the user declares and warrants that:

   1. the third party has authorised them to register, unconditionally consenting to registration through the Services and more generally expressly authorising them to provide on their behalf any further consent required at the time of registration through the Services (for example, authorisation for the use of their image captured during the event for the purpose of the subsequent sale of photographic services);

   2. they have previously provided the third party with all relevant information on the processing of their personal data (including, for example, that contained in the disclosure applied by the organiser of the event to which the third party is registered, as well as, where applicable, in the Privacy Policy) and the processing by the user or the party on whose behalf the user acts is based on an adequate legal basis pursuant to EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data;

   3. in the case of minors registered through the Services, registration is carried out directly by the person exercising parental authority, or the user has previously obtained authorisation for registration from those exercising parental authority under the terms set out in point 1 above.

   The user is obliged to indemnify and hold the Company harmless from any third-party claims, sanctions or administrative or judicial proceedings that originate as a direct or indirect consequence of the untruthfulness or inaccuracy of the warranties and representations listed in this article.

3. The user warrants that all data provided to ENDU at the time of registration is truthful, accurate, complete and directly referable to their own person, undertaking to keep it as such and/or to update it promptly where necessary.

4. The password protects the user's account, and the user is solely responsible for its security and confidentiality. The user acknowledges that they are solely responsible for any use made of the password and the related username. If this data is lost or stolen, or if there is suspicion of unauthorised access to one's account by third parties, please notify us immediately at info@endu.net and change your password as soon as possible.

2. Data management and processing

1. ENDU will process the personal data of users provided directly by them or otherwise acquired through the Services in accordance with its own Privacy Policy and in any case in compliance with the principles and provisions contained in EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, in Legislative Decree 30 June 2003, no. 196 (Personal Data Protection Code), as well as in the measures adopted by the Italian Data Protection Authority or any other competent authority.

2. The Company may also collect, process and handle information and data from third parties, suppliers or partners of the Portal interested in enriching the range of initiatives, products and services dedicated to users and visitors of the Site.

3. ENDU undertakes to use the information and data in a diligent manner and solely for purposes useful to the provision of the Portal's services and other services connected to it, and undertakes not to transfer, under any title, reuse, resell and/or make available to third parties the information voluntarily provided by users, without their prior express consent.

3. User guidelines

1. These T&C establish some basic rules that users must comply with when using the Portal's services and when browsing the various sections of the Site. Among these, in particular:

   1. The obligation not to disturb, abuse, restrict or violate the rights of interested third parties and/or in any case to perform acts contrary to the purposes of the services offered by the Site or to these T&C;

   2. The obligation to always use only one's own credentials to access the services provided by the Portal through one's personal account, or the commitment not to improperly use third parties' access credentials to use the Site's services unless authorised by the legitimate party concerned;

   3. In the case of an account relating to a legal entity, body, association, or other type of organisation, the individual in charge of managing it declares that they are the legal representative or have been duly authorised by the legal representative pro tempore and indemnifies ENDU against any liability arising from unauthorised use of the ENDU account, name, trademark or company name of the represented entity;

   4. The prohibition against undertaking any activity on the Site or uploading content, including the registration and/or use of a username that is or includes abusive, defamatory, obscene, pornographic, illegal material or material intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights or property rights of ENDU or third parties;

   5. The prohibition against uploading, spreading or distributing material that includes and contains content aimed at annoying or disturbing Portal users, or that falsely manifests or represents affiliation with other users, persons or entities, or that is otherwise fraudulent, false, misleading or deceptive;

   6. The prohibition against spreading harmful computer content through the Site such as malware, Trojan viruses and the like, or interfering with the access or interaction of any user with the Portal, interfering with the system on which it is built by attempting to tamper with, probe, examine or test the vulnerabilities of the services provided, or in any way violating the security authentication measures put in place by ENDU;

   7. The prohibition against sending unsolicited mass emails (so-called "spamming"), chain communications aimed at artificially promoting promotional or advertising content for goods or services of any type, including through ENDU's online messaging service to and from users, partners and third parties who have access to the Portal.

2. ENDU respects the holders of intellectual property rights; in this regard, the Company expects its users to do the same towards each other and towards ENDU's partner entities and third parties using the portal. This means, for example, that the following actions are not permitted:

   1. Copying, reproducing, extracting, recording or making available to the public any part of the services offered by ENDU, or any other action carried out using the services offered through the Site but not expressly permitted by the provisions of these T&C or by specific contracts;

   2. Using the Portal's services to import or copy local files which you do not have the legal right to use, or circumventing any technology used by ENDU, its licensees or any third party to protect content accessible through the Site;

   3. Circumventing any territorial restrictions applied by ENDU, or renting or leasing any part of the services provided without a valid legal title or specific right verifiable in writing.

3. In the event that a user of the Site believes that third-party content published on ENDU (i) violates their copyright, (ii) refers to elements damaging to their image or commercial reputation, or (iii) falls within one of the categories referred to in clauses 3.1 and 3.2 above, they may submit a specific removal request, or request that access to it be blocked, by notifying the Company in writing of such request at the certified email address: endu@pec.it

4. The user agrees not to sell, export, re-export, transfer, divert or otherwise dispose of – directly or indirectly – any products, software or technologies related to the usability of the services provided by ENDU as a result of the subscription to these T&C and pursuant to all applicable national and international regulations and rules on so-called "dual-use".

5. In the event of a breach of the provisions contained in this document, ENDU reserves the right to suspend, at its complete discretion, the account of the user responsible for the breach. Furthermore, where said breach also constitutes a violation of applicable law, ENDU reserves the right to report the user's account to the competent judicial authority.

4. Third-party applications

1. ENDU does not guarantee, endorse or assume responsibility for any third-party applications and the related content posted by the user, or for any other product or service advertised or offered by third parties through the Portal or any hyperlink to a given website, or on any banner or other advertising.

2. The user acknowledges and accepts that ENDU is not responsible for any transaction between the user and providers of third-party applications, products or services advertised on or through the Site. As with any purchase of a product or service, through any means or in any environment, it is necessary for the user to exercise their judgement and do so with caution.

5. Payments, cancellations and right of withdrawal

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 time, including in the event of improper, actual or alleged use of the Portal or non-compliance with these T&C.

2. The user acknowledges that no liability can be attributed to ENDU in the event that a party rescinds the contract or in the event that ENDU suspends access to the Site. Also in the event of rescission of the contract by ENDU or the user, or in the event of interruption of the user's access to the Portal, ENDU will not refund amounts already paid by the user, to the maximum extent permitted by applicable law, as identified pursuant to art. 9 below.

3. For information on how to close your ENDU account, please contact the following email address: info@endu.net

6. Limitation of liability and warranties

1. The user agrees that, to the extent permitted by applicable law, the sole and exclusive remedy for any problem or dissatisfaction with ENDU's services, third-party applications or their content is to uninstall all ENDU software and discontinue use of the Portal's services, third-party applications or their content.

2. To the maximum extent permitted by law, in no event shall ENDU, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, suppliers or licensees be held liable for (i) indirect, special, incidental, punitive, exemplary or consequential damages (including loss of use, data, business or profits), arising from the use or inability to properly use ENDU's service, third-party applications and their content, regardless of whether ENDU has been advised of the possibility of such damages and even if any legal recourse fails to achieve its purpose; (ii) aggregate liability for all claims relating to the Portal's services, third-party applications or their content, beyond the payment of amounts made to ENDU in the last three months by the user, in the event that paid services of the Site have been used.

3. ENDU undertakes to provide the best possible service, but the user acknowledges and agrees that ENDU'S SERVICES ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. THE USER USES ENDU'S SERVICES AT THEIR OWN RISK. ENDU DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

7. Annexes to these T&C

1. These T&C may from time to time be supplemented by specific agreements concluded between the Company and the user for the professional use of the Portal and/or for the use of specific Services; in the event of a conflict between the T&C and the terms resulting from such further agreements, the latter shall prevail.

2. Please note that the use of all Portal services by the user will always be governed by the provisions contained in these T&C, with particular reference, by way of example and not limited to: (i) access to ENDU customer support, (ii) access to the Site to use the live streaming functionality, (iii) free or discounted trials of the services offered by the Portal, (iv) the functionality for monitoring and uploading event results by users or third parties, and (v) the section of the Site dedicated to growing the customer base of events and their online and offline promotion.

3. These T&C govern the Site's services in general and exhaustive terms; in the event of a conflict between these T&C and the terms and conditions of other services, including those provided by third parties, the latter shall always prevail, unless otherwise provided for under applicable laws and regulations.

4. Occasionally we may offer the opportunity to participate in prize draws, competitions, surveys and other initiatives through the Site's services. Such activities may be governed by specific terms and conditions, which may also differ from the provisions contained in these T&C. Should the provisions of any such ad hoc terms and conditions conflict with these T&C, the latter shall nonetheless be deemed to prevail.

8. Severability clause

1. Should any provision of these T&C be deemed invalid or unenforceable, for any reason or to any extent, such invalidity or unenforceability shall not in any way affect or invalidate the remaining provisions, and the application of such clause shall remain valid to the maximum extent permitted by law.

9. Jurisdiction and applicable law

1. Unless otherwise required by the law of a Member State of the European Union or any other jurisdiction, these T&C are subject to Italian law, without regard to the choice of users, third parties or any conflicts of jurisdiction regarding applicable law.

2. For any dispute arising from these T&C and in any case for any dispute dependent on or connected to them, the Court of Parma shall have exclusive jurisdiction, even in the event of related or connected claims.

10. Interpretive criteria

1. These T&C, like any other text of legal and/or contractual value, are drafted in the Italian language. Any translation into other languages shall be understood as made exclusively for the benefit and convenience of those who do not speak Italian. Should a conflict of interpretation arise between the Italian language version and any translation, the Italian language version shall always and in any case prevail.