1.
Study Works Website
The following terms and conditions apply to all users of the Study Works site, including users who contribute to the site by providing information, materials and services. The Study Works website encompasses all aspects of Study Works, including, but not limited to, the Study Works internal communications system. The Study Works site may contain links to third party sites that are not controlled and owned by Study Works. Study Works has no control over and assumes no responsibility for the content, privacy policies or practices of third party websites. In addition, Study Works will not and may not censor or edit the content of any third party site. By using the Website, you expressly release Study Works from any liability arising from your use of third party websites.
2.
Account Study Works
To access the member-only features of the Website, you will need to create a Study Works account. You may never use someone else's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for your account activity and must keep your account password secure. You must immediately notify Study Works of any breach of security or unauthorized use of your account.
3.
General Use of the Website - Permissions and Restrictions
Study Works grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute by any means any portion of the Website, including, but not limited to, User Contributions (defined below), without prior written permission by StudyWorks.
B. You agree not to alter or modify any part of the Website.
You agree not to use the Website for any commercial use, without the prior written permission of Study Works. Prohibited commercial uses include any of the following actions taken without the express approval of Study Works:
- sale of access to the Website or related services on another website;
- the use of the Website or related services for the primary purpose of obtaining advertising or subscription revenue;
- the sale of advertising, on the Study Works website or any third party website, targeting the content of specific User Contributions or Study Works content;
- and any use of the Website or related services that Study Works deems, in its sole discretion, to use Study Works resources or User Submissions to the effect of competing with the Study Works marketplace, the contents of Study Works or its User Contributions or to replace them.
C. Prohibited commercial uses do not include: any use that Study Works expressly authorizes in writing.
Q. You agree not to use or launch any automated systems, including, without limitation, "robots," "spiders," or "offline players," that access the Website in in a manner that sends Study Works' servers to more request messages than a human being can reasonably produce in the same period of time using a conventional online web browser. Notwithstanding the foregoing, Study Works grants the operators of public search engines permission to use spiders to copy materials from the Public Site for the sole purpose and only to the extent necessary to create publicly searchable indexes of the materials, but not caches or archives of such materials. Study Works reserves the right to waive these exceptions generally or in specific cases. You agree not to collect or collect personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments, email) for commercial solicitation purposes . You agree not to solicit, for commercial purposes, users of the Website for their User Contributions.
E. In using the Website, you agree to comply with the terms and conditions of these Terms of Service and with all applicable local, national and international laws and regulations.
F. Study Works reserves the right to discontinue any aspect of the Study Works Web Site at any time.
4.
Use of the contents of the Site by the user
In addition to the general limitations set forth above, the following limitations and conditions apply specifically to your use of the Study Works Website content.
A. The contents of the Study Works Website, except all User Contributions (as defined below), including, but not limited to, text, software , scripts, graphics, photos, interactive features and the like ("Content"), and the trademarks, service marks and logos contained therein ("Trademarks"), are owned or licensed to Study Works , subject to copyright and other intellectual property rights by law. The contents of the Website are provided to you AS IS for your information and personal use and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose without the prior written consent of their respective owners. Study Works reserves all rights not expressly granted in the Website and in the Contents.
B.You may access User Contributions only
- for information and personal use;
- as part of the normal functionality of the Study Works Service.
C. User Feedback is made available to you only as part of the normal functionality of the Study Works Service. User Feedback is made available "as is" and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded or otherwise exploited in any way not intended by normal functionality of the Study Works Service or otherwise prohibited by this Agreement.
Q. You may access Study Works Content, User Contributions, and other content only as permitted by this Agreement. Study Works reserves all rights not expressly granted in the Study Works Content and Service.
E.You agree not to use, copy or distribute any of the Contents other than as expressly permitted by this Agreement, including using, copying or distributing Third Party User Contributions obtained through the Website for any commercial purpose .
F. You agree not to circumvent, disable, or otherwise interfere with the security features of the Study Works Website or with features that prevent or restrict use or copying of any Content, or that impose limitations on use of the Site Web Study Works or any Content contained therein.
G. You understand that, by using the Study Works Website, you will be exposed to User Submissions from a variety of sources, and you further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable , and agree to waive, and hereby waive, any rights or remedies in law or equity you have or may have against Study Works relating thereto, and agree to indemnify and hold harmless Study Works, i its Owners/Operators, affiliates and/or licensors, to the fullest extent permitted by law for all matters relating to your use of the Site.
6.
User Contributions and User Behavior
A. As a Study Works account holder, you may submit photographic and text content identified as "public" and collectively referred to as "User Submissions". You understand that whether or not such User Contributions are published, Study Works does not guarantee any confidentiality with respect to such User Contributions.
B. You will be solely responsible for your User Contributions and the consequences of posting or submitting them. With respect to User Contributions, you represent, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize Study Works to use all patents, trademarks, trade secrets, copyrights or other proprietary rights relating to all User Contributions to allow for the inclusion and use of the User Contributions in the manner permitted by the Website and these Terms of Service.
C. For clarity, you retain all ownership rights in your User Contributions. However, by submitting User Contributions to Study Works, you grant Study Works a worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works, the display and performance of User Submissions in connection with the Website and the business of Study Works (and its successors and affiliates), including, without limitation, promoting and redistributing any or all of the Study Works website (and its derivative works) in any format and through any media channel. You also grant each user of the Study Works Website a non-exclusive license to access User Contributions through the Website and to use, reproduce, distribute, display, and perform such User Contributions as permitted by the features of the Website and these Terms of Service. The foregoing licenses granted to you shall terminate within a commercially reasonable time following the removal or deletion of User Contributions from the Study Works Service. You acknowledge and agree, however, that Study Works may retain, but not display, distribute or perform, server copies of any User Submissions that have been removed or deleted. The foregoing licenses granted by you in User Feedback are perpetual and irrevocable.
D. In connection with User Contributions, you further agree not to submit any material that is copyrighted, protected by trade secret, or otherwise subject to any third party proprietary rights, including rights of privacy and publicity, unless you are the owner of such rights or has permission from the rightful owner to publish the material and to grant Study Works all license rights granted herein.
E. You also agree not to submit, in connection with your User Contributions, material that is contrary to applicable local, national, and international laws and regulations.
F. Study Works does not endorse any User Contributions or any opinion, recommendation or advice expressed therein, and Study Works expressly disclaims all liability with respect to User Contributions. Study Works does not permit infringing copyright and intellectual property rights activity on its Website, and Study Works will remove all User Content and User Submissions upon proper notice that such User Content or User Submissions infringe intellectual property rights others. Study Works reserves the right to remove User Content and Submissions without notice.
7.
Account Termination Policy
A. Study Works will terminate a User's access to its Website if, in appropriate circumstances, the User is deemed to be a repeat infringer.
B. Study Works reserves the right to determine whether any Content or User Submission is appropriate and in compliance with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Study Works may remove such User Contributions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without notice and in its sole discretion.
8.
Invitation to negotiate, proposal, acceptance of the general conditions of sale
8.1 The Customer can only purchase the packages in the "Our trips" list when placing the order
8.2 The Order sent by the Customer through the Website has a contractual relationship with the Company and is governed by these GTC and by the Tourist Package Contract which form an integral part of the order itself and which the Customer, by sending the Order to the Company, declares to know and accept fully and without reservations. All documentation relating to the order, including the General Conditions and the tourist package contract must be duly signed, placed in the cart and sent as indicated on the site itself.
8.3 The General Conditions, the Tourist Package Contract applicable between the parties are filed electronically by the Company in its information systems in compliance with the legislation in force.
9.
Price
9.1 The Customer declares that the lack of knowledge of the costs, charges, taxes and/or duties cannot constitute a cause for termination of the existing relationship with the Company and regulated by these GCs as well as the Tourist Package Contract and that the Customer himself will not be able in any way charge the aforementioned charges to the Company.
10.
Procedure for purchasing PCTO trips
10.1 In order to proceed with the purchase, the Customer must select the trip or trips of his interest among those present on the Site, insert them in the Virtual Cart together with the signing of the Tourist Package Contract and the General Conditions and send the order to the Site by following the instructions on the Site itself. By clicking on the Cart button you will be able to check the amount due, change the quantity of packages that have been chosen or remove them from the Cart. The virtual shopping cart is temporary, meaning that the content will be automatically deleted when you leave the site.
10.2 Only Customers who have completed the registration procedure on the Site can proceed with the purchase. To this end, having completed the procedure for selecting the Packages and placing them in the Cart, the Customer is invited, to make the purchase, alternatively:
a) if not yet registered, to register on the Site, providing the requested data including a valid email address; or
b) if he is already registered on the Site, to log in by entering the access keys at his disposal, thus accessing the personal section on the Site;
10.3 Once registered, the Customer can proceed with forwarding the order by entering the requested data. If the data indicated in the order to be forwarded are different from those provided during registration on the Site, the Customer is asked to confirm their personal data, the address to which any material must be delivered, the address and billing (if requested by the Customer), as well as a contact number, if necessary also by telephone, at which the Customer is available to be contacted for any urgent communications from the Company.
10.4 Once the order forwarding procedure has been completed, the Customer displays a summary, which can still be modified before finalization.
10.5 In order to be able to proceed with the transmission of the order, the Customer, after careful reading, must expressly approve these GTC and the legal notes through the appropriate check mark (Check-box) present on the Site, declare that they have read the Privacy Policy, finalize your Order and send it definitively to the Company through the procedure provided on the site, following the relative instructions.
10.6 The Customer will also be asked to choose the following options from those available on the Site: (i) payment method, as better indicated in article 6 below; (ii) shipping method, as better indicated in the following article 7.
11.
Availability of Packages
11.1 Once the order has been received by the Customer, the Company checks the availability of the package and, in the event of non-availability, the Company sends a communication to the Customer which constitutes non-acceptance of the order. The Customer will receive a refund of any amount already paid by the same for the non-accepted order.
12.
Payment method
12.1 The payment of the consideration can be made by the Customer by bank transfer, credit card or via the PayPal system, under the terms and conditions described below. The Company reserves the right to offer customers additional payment methods, indicating them on the Website.
12.2 If the payment is made by credit card, the Customer and the credit card data will be directly subjected to verifications of authenticity by the relevant credit card issuing institutes for the protection of the Customer. If, for whatever reason, it is not possible to charge the amount due, the process will be automatically canceled and the order will not be finalized, without any amount being charged to the Customer and without any liability on the part of the Company.
12.3 Following the successful outcome of the payment made, the Company sends the relative Confirmation to the email address communicated by the Customer. If the customer requests an invoice, the latter will be made available directly in the customer's personal area, in the relevant section.
12.4 None of the Company's information files contain the Customer's credit card data. In no case can the Company be held responsible for any fraudulent or unlawful use of credit cards by third parties, upon payment of the packages purchased on the Site. All data relating to the credit card and personal data are managed directly by the credit institution executing the transaction.
13.
Billing
13.1 For each order, the Company will issue the relative invoice. For the issuance of the invoice, the data entered by the Customer at the time of the order will prevail. The Client relieves the Company and the Operator of any liability deriving from the issue of incorrect tax documents due to errors, the Client being solely responsible for the correct entry of data concerning him.
14.
Privacy
14.1 In order to proceed with the registration and transmission of the Order in accordance with these General Conditions, some personal data of the Customer are requested through the Site. The Customer acknowledges that the personal data provided will be recorded and used by the Company, in accordance with and in compliance with EU regulation n.2016/679 and with the national legislation in force from time to time, to implement the service through the Site and, subject to its consent, for any further purposes as indicated in the specific privacy information provided to the customer through the Site at the time of registration.
14.2 The Customer declares and guarantees that the data provided during the registration and purchase process are correct and true
14.3 The Customer may at any time update and/or modify their personal data provided through the appropriate section of the site accessible after authentication.
14.4 For any further information on the methods of processing the Customer's personal data, the same is obliged to read the privacy information available on the Site and these General Conditions. The Customer therefore acknowledges that the section relating to Privacy constitutes an integral and substantial part of this document and that the transmission of orders implies having read the aforementioned documents and is subject to their full and unreserved acceptance.
15.
Cookies
15.1 The company undertakes to comply with the laws, rules and regulations applicable to the use of cookies.
15.2 In any case, the Customer has the right not to allow cookies to be placed on his computer and/or hardware by configuring the browser preferences from his computer so as to no longer accept cookies , as indicated in the privacy information on the Site. The Customer accepts and acknowledges that, however, in the event of failure to insert cookies, he may not be able to access and consult the Site in full integrity and functionality, expressly excluding any and all responsibility of the Company in this regard.
16.
Applicable law
16.1 These General Conditions are subject to Italian law and Italian jurisdiction