1. Definitions Using the services connected to the portal www.tarocchi.com (referred to as “services” or “service”), the user and the consultant are required to comply with the terms and conditions of use set out below. To provide a suitable interpretive clarity, below we will specify the meanings of the main definitions used in this document: • Anomaly: any defect that significantly impairs and durable service. • Users’ terms: current contract governing the conditions and characteristics of the relationship between the portal and its users. • Teachers’ Terms: current contract governing the conditions and characteristics of the relationship between the portal and the users. • Contract: the general and specific conditions. • Teacher: a natural or legal person that offers performance and teachings that has accepted the general terms and conditions and special conditions applicable to the teacher. • Force Majeure: any irresistible and unforeseeable external event (including and not limited to: fires, explosions, lightning, floods and other, natural disasters, strikes or labor conflicts at one of the parties and/or a third party supplier and/or domestic operator in Italy or abroad) that prevents the portal from fulfilling its contractual obligations to it or makes the fulfillment of such obligations unreasonable, onerous and/or restrictive toward existing economic and/or competitive circumstances and/or the loss by a portal operator or partner of one of the authorizations for the provision of the Service and/or the modification of all regulations applicable to the Service, making performance effectively impossible or unreasonably onerous and/or restrictive toward existing economic and/or competitive circumstances. • Site or Portal tarocchi.com: a technical platform that connects users and teachers. • Service: service offered by the portal. Within the scope of the service are the following elements available within the site: registration, newsletters, seminars, forums, blogs, podcast or rss services, and multimedia content uploads. • Customer service: dedicated user service, available via email at email@example.com. • Third party: designates a natural or legal person or an unidentified third party other than the portal operator, teacher or user. • Transaction or Performance: provision of services for the benefit of the user. • User: a natural or legal person who benefits from the services provided by the Service and who has accepted the general conditions and special conditions applicable to the user.
2. Purpose and content of the Service The www.tarocchi.com service is a portal that provides users with educational services in the field of tarology provided by trained lecturers. The user makes the payment to benefit for the service. In the case of online seminars, it is the sole responsibility of the user to manage the initiation, conduct and conclusion of the performance proposed by the lecturer. However, the user may report any difficulties, low quality or other problems related to the information communicated by the teacher.
3. Acceptance of Terms of Service These Terms of Service set out the general framework applicable to users. Use of the portal www.tarocchi.com is subject to these general conditions. By signing the offer presented on www.tarocchi.com, the user declares that he/she accepts the set of general conditions of service without reservation. Accordingly, signing and/or validating the online registration screens implies the user’s acceptance of the conditions previously and below. Any connection to the service is subject to compliance with these general and particular conditions that follow.
4. Access to the service Users connect to www.tarocchi.com through their own telecommunication tools and terminals including computers, smartphones, tablets and others. The list is not intended to be exhaustive. It must, for this purpose, have Internet access and a set of devices and software necessary for navigating the Internet. The user acknowledge that they have the power, authority, and capacity necessary for the execution and conclusion of the obligations set forth herein. The communication protocols are those commonly in use on the Internet, and the user agrees to respect the ways in which they are used. Rights to access and use the Service are strictly personal and intended for private use only. They cannot be transferred to third parties for free or for consideration. Payment must be made before accessing the Educational Service. This will be done by credit card or by bank transfer. After payment, access to the Service will be according to the timeline set in the registration for the chosen seminar. The portal tarocchi.com offers the user software to access the educational platform; this access is through software that interacts with telecommunication tools that integrate Internet communication. The portal www.tarocchi.com is not responsible for the quality of the user’s telephone line, which is ensured by the telephone operator with whom he has signed the supply contract. The software used is provided on the basis of the public Internet network and according to the IP protocol with the understanding that the user is granted the right to use such software made available on an individual, non-exclusive and non-transferable basis. The right of use begins as soon as the user enters the interface of www.tarocchi.com.
5. Registration and security Participation in the educational services of www.tarocchi.com implies enrollment in the platform, which is mandatory for each user. Users are required to enter their credentials (first name, last name, address, email, phone, tax or VAT number) through the registration form available on the site. The user is required to provide specific information that must be correct and up-to-date. Users will be responsible for the above identifiers as well as for any damage done in dependence of failure to comply with the above. In case of incorrect, incomplete, untruthful or outdated information, suspension or cancellation of the infringer’s course registration is possible.
6. Service costs and payment data Site services are chargeable, and the cost details are analytically specified. Transaction payments are made through a secure payment service and imply that the user has formalized the seminar registration process. The user holds a payment card (Visa, Mastercard, American Express Card etc.) issued by a banking office and usable at merchants and service providers affiliated with the Card network. Payment card number means the sixteen (16) digit number, the expiration date that appears on the front of the payment card and the security code (CVV) that appears on the back of the card. Because the payment system is operated by a third-party company, the portal www.tarocchi.com does not know the user’s payment card number. The portal reserves the right to charge a fee for access to portions of the site or specific initiatives and/or services within the site. In any case, no consideration may be charged unless express adherence to such an offer has been obtained in advance. Therefore, if the portal were to charge a fee in the future for access to portions of the site or services/initiatives that are currently free of charge, the user will be notified in advance with details of such fees. In case of acceptance, the user will pay this fee in the forms he chooses at the cost that will be defined at the time of acceptance of the service itself.
7. Conclusion of the transaction The user selects the chosen seminar and, once payment is made, will be automatically enrolled in it.
8. Period of recess You may exercise your right of withdrawal by contacting customer service at firstname.lastname@example.org within 7 days effective from the date of online payment validation or within 7 days from the date indicated in the transfer. If the date of the 7-day deadline corresponds to a Saturday, Sunday or public holiday, this deadline is extended to the first working day thereafter. Exercise of this right by the user implies a refund of the amounts paid by the user and cancellation of the user’s subscription to the service purchased at www.tarocchi.com. Such reimbursement will be made within 30 days after notification of withdrawal. The right of recess is no longer valid if the user has initiated participation in the purchased seminar. In the event that the seminar did not take place for reasons beyond the user’s control (as in the case of not reaching the number of participants), the user may request a refund of the amount paid on account or decide to keep the credit for registration in a subsequent seminar. The user understands that they will not be reimbursed in the event that non-participation in the seminar depends on their decisions or causes otherwise not attributable to the portal.
9. Disputes and fraud The transaction price payment order transmitted by credit card through the secure payment service is irrevocable, except in the case of fraudulent use of the payment card. Therefore, the user will not be able to object to the said payment if he/she is not satisfied with the service or if the service does not correspond to the indications of the service offer. However, when the credit card payment is found to be fraudulent, the cardholder will have the option of requesting a refund of the fraudulent amount.
10. Non-compliant performance In case of dissatisfaction by the user of the Performance, the user cannot object to the payment. In the event of a dispute, the user may contact the customer service department of www.tarocchi.com, which will attempt to conciliate in an effort to agree on an amicable solution to the dispute within 90 days of receiving the notice.
11. Maintenance and Service Quality. In the event of technical problems that require it and that cannot be otherwise resolved, the portal reserves the right to partially or fully suspend access to the Service, and to conduct appropriate maintenance of the network and/or its components and software. Technical support will inform the user or teacher of any major service interruption or deterioration. Technical support will inform the user or teacher of any major service interruption or deterioration. Notwithstanding that such an obligation of services is intended to be an obligation of means, the portal cannot’ guarantee, under any circumstances, a deadline for resumption of the Service.
12. Technical assistance In order to answer the user’s and/or teacher’s technical questions and help them resolve any malfunctions related to the use of software they use, the portal offers an assistance service to solve problems that the user or teacher may encounter. These can report an access problem by contacting customer service: email@example.com. Technical assistance will be provided Monday through Saturday from 10:00 a.m. to 5:00 p.m., subject to the obligation of means. In the event of an unscheduled interruption in the provision of the Service during which the user will be unable to access or use the Service due to the noted problem and not force majeure, the user’s recourse will be reimbursement for the time of the interruption. This allowance will be paid within 30 days after the termination. In case of force majeure, the user cannot claim any compensation the portal cannot be held responsible.
13. Suspension of user and/or teacher access. The portal may suspend all or part of access to the service in case of: – Abuse or blatant violation by the user and/or teacher of the general and particular conditions of service. – Act or failure to act that violates the right of a third party, applicable regulations, public order and/or morality. The help desk will notify the user and/or teacher by email of the finding of the act or noncompliance. If there is no response from the user and/or teacher within 48 hours of the issuance of the message, acceptance of the suspension by the user and/or teacher will be assumed. However, at the invitation of the competent authority or if an act or failure to act by the user or teacher that violates or is likely to violate the proper functioning or security of the network and/or its tools and/or Service is established, immediate suspension may be carried out, as a preventive measure, without complying with the user and/or teacher warning procedure. To the extent that the acts or default of the user and/or teacher are the result of non-compliance with the above, it will be possible to suspend the provision of the Service and terminate the contract without awarding any compensation. Under no circumstances will the portal be held liable in the event of total or partial suspension of user and teacher access to the Service, nor for any damages caused directly or indirectly by the suspension. The portal tarocchi.com is not obliged to verify the information and content accessible on the platform, nor to search for facts or circumstances revealing illegal activities. The user and the lecturer agree to notify the help desk if they become aware of any infringement on the platform of applicable laws and regulations, and in particular content that: • Exalt crimes against humanity, • Incite racial hatred and violence, • have child pornography content • general way, they impair human dignity The user and/or teacher agrees to report the infraction by immediately contacting firstname.lastname@example.org and providing information that will enable the content and/or author in question to be identified. The user and/or teacher agrees to guarantee and indemnify against the consequences of claims from third parties as a result of violation of applicable laws and regulations, an intellectual property right, inaccuracy or failure to Transact. The user and/or teacher agrees to provide full and complete cooperation in the handling of any complaint filed by third parties against the user and/or teacher.
14. Responsibility of the portal tarocchi.com The portal cannot provide guarantees on the availability or performance of the platform and cannot be held responsible for any loss of billings, loss of user and/or teacher opportunities in the event of force majeure and in the event of maintenance of the Service. It is also not responsible for direct damage, foreseeable or unforeseeable, suffered by the user and/or teacher. The user and teacher formally acknowledge and agree that the portal cannot be held directly or indirectly liable in the following cases: • Interruption of Service, independent of the portal’s will due to culpable or malicious behavior of the teacher and/or user. • Incident or service interaction caused by accident, problem of other networks, a malfunction and/or inadequacy of the material and/or software tools and infrastructure of the portal whatever the cause. • Child pornography content. • In case of force majeure. • Configuration, management, supervision of user and/or teacher network maintenance and possible consequences. • Use of prohibited services or transmission of data contrary to the general provisions of the services. • Nature and content of information of any kind, data and files transferable and accessible via the Service. • Commercial injury, loss of customers, loss of orders, commercial damage, loss of profits, loss of brand image, or any action against the user and/or teacher. The service provided does not guarantee the quality, reliability, timeliness, or security of the use of the Service, as this depends on tools and networks beyond the control of the portal. In the event of a dispute between the portal and the user, a third party or a lecturer, whatever the subject of the dispute may be, because of information disseminated by the user, a third party or the lecturer, the user and/or the lecturer undertake to support the defense of the portal, to indemnify the portal for any legal fees, damages and interest to which it shall be entitled for any action, complaint, proceeding, application, advice or other expense incurred by a third party against it. The user and consultant acknowledge that the services subscribed via the platform, through www.tarocchi.com are under their own control and responsibility. Consequently, the portal will in no way be responsible for the use and content of the information disseminated and consulted by the user and the teacher. The user and/or teacher is solely responsible for direct or indirect, tangible or intangible damage and harm caused by the content of information disseminated via the Service itself. The teacher and user will appear alone in court in all disputes with one of the users or a third party over information disseminated through the service provided. They also undertake to promptly inform the support service via email at email@example.com of all complaints, prosecutions, noted infractions, claims directly or indirectly related to the provision or use of the Service that may be made by third parties. The teacher and the user are solely responsible for any damage, material or immaterial injury caused to the portal by the misuse or inappropriate use of the service. According to the cases, they undertake to guarantee, pay, indemnify the portal against actions, demands, claims and/or condemnations for damages and interests to which this may be exposed or be the subject and/or may be pronounced since they may have for cause, foundation or origin the misuse or inadequate use by the user and/or the teacher and/or third parties of the Service and/or the Performance. Only the portal, at its sole discretion in writing, may release the user and the teacher in whole or in part of their responsibility.
15. User and teacher responsibilities The use of the www.tarocchi.com platform implies on the part of the user and the teacher the observance of certain rules of behavior that are based on compliance with laws and regulations, certain ethical and moral values, such as mutual respect, courtesy, good faith and loyalty. In addition, the use of the platform implies compliance with the principles enshrined for this purpose regarding user moderation. The user can make contact with the assisetnza service by emailing firstname.lastname@example.org so that they can email the user a link that the user will enter to reconnect to the service. The user and the teacher are solely responsible for the information they make available on the tarot.com platform. Therefore, they undertake to ensure that the information disseminated on the platform does not violate any applicable laws or regulations. For this purpose, unilaterally the portal reserves the right to: • Withdraw all blatantly illegal or inappropriate content, data, information or offers from the www.tarocchi.com platform. • Withdraw permanently, and without notice, any content that violates public order, morality and any other criminal law. Users and teachers are prohibited from violating or attempting to violate the security and integrity of the platform and in particular: • Performing actions that may endanger or compromise the proper functioning of the platform or any Performance occurring on it. • Perform actions that may cause an unreasonable or disproportionately large overload to the platform infrastructure. • Access or attempt to access data that is not intended for viewing by the user or teacher. • Penetrate or attempt to penetrate the server. • Importuning, threatening, insulting or damaging the privacy of other user and/or third party and/or teacher and to spread defamatory, insulting or libelous information. • Offending human dignity through text, image or video of a racist, violent, pornographic, revisionist nature, infringing on the lives of others, or disseminating or circulating in any way material or content preordained to the commission of illegal activity. • In general, do not use the site for the transmission or placement of viruses or any other material that is defamatory, offensive, obscene, or threatening or that in any way may create annoyance, disturbance, or any harm.
• Infringe legal provisions on intellectual property rights and in particular, do not commit acts that may constitute trademark infringement or unfair competition. • To engage without explicit authorization in framing operations or the creation of mirror sites that virtually replicate the site, to create hyperlinks on another site that redirects to the tarot.com portal, or to include in performance offers or profiles hyperlinks pointing to a third-party site. • Use information about other users, faculty, or third parties for inappropriate or illicit purposes. • The content and services on www.tarocchi.com are intended for personal use. All materials published on the site (including, but not limited to, news articles, photographs, images, illustrations, audio and/or video recordings, hereafter also referred to as the “contents”) are protected by copyright laws and are the property of the person who legitimately owns the related rights, if indicated. Users and/or teachers are required to adhere to any additional guidance on the site regarding the intellectual property of content they access through the site services. The services of the site and its contents are protected by international copyright law. The user and or instructor, for personal use only, is authorized to download or copy the content and any other downloadable material available through the site services provided that he or she faithfully reproduces all copyright and other notices on the site, if specified. Reproduction and collection of any content for reasons other than personal use is expressly prohibited in the absence of prior permission issued in writing by the copyright holder, as indicated on the site. Podcast and rss services, consisting of information content that can be downloaded to the computer through “aggregator programs” and eventually transferred to an mp3 player, are made accessible for personal use only and any use for commercial purposes is excluded. The portal www.tarocchi.com reserves the right to discontinue the podcast or rss service at any time and to have the user cease using the downloaded material in any form, without limitation and without notice. The portal www.tarocchi.com assumes no responsibility for the content and services of podcasts and rss and their use with respect to damages or limitations of use of Internet sites, computers or mp3 players that have used such services and content. • You also warrant that content is submitted to the site through your account by adults of age. The portal www.tarocchi.com is not responsible for the material used and/or conduct engaged in by users and/or faculty while browsing the site. It also assumes no responsibility with regard to the transmission on the user’s computer of any viruses and otherwise harmful content originating from third parties. Accordingly, the user shall indemnify the portal www.tarocchi.com and all entities related thereto, from and against any and all liability and prejudicial consequences, including, without exception, legal fees defined in accordance with the professional rate incurred by the owner/manager of the site as a result of legal actions arising from the user’s breach of these obligations in connection with the misuse by himself or a third party of his account in violation of the guarantees provided for in this article. The service and all downloadable materials are provided on an “as is” basis without warranties of any kind, either expressed or implied, including without limitation, warranties of title, merchantability, and fitness for a particular purpose. The users therefore acknowledge that the use of such materials is made at their sole and exclusive responsibility.
16. Intellectual Property Rights The portal www.tarocchi.com claims to hold the rights to the software made available to the user and the consultant. Any act of counterfeiting or unfair competition, or other act deemed to be such by a third party of which the user and/or teacher has knowledge, should be reported to customer service, which will proceed to prosecute the reported case. The portal www.tarocchi.com owns all trademarks and logos used on its sites. No use of its trademarks and logos may be made by third parties by the user or teacher. All text, images, icons, drawings, graphics, photographs, programs and other components of its sites, including www.tarocchi.com are protected by copyright law. Commercial and non-commercial reproduction of images, text, icons, drawings, graphics, logos, photographs, programs, and other components of the site without prior written consent is strictly prohibited. The portal www.tarocchi.com reserves the right to prosecute before the competent jurisdictions natural or legal persons, third parties, user or lecturer who have attacked the software and/or components of the sites (images, texts, icons, designs, logos, photographs, programs and others) to be compensated for the damage caused. The user and teacher are prohibited from: • Modify or have software modified, even if the intent is to fix any errors. • Duplicate, reproduce, copy, extract, modify software or integrate it into a derivative tool. • Disassemble, disassemble, tamper with, modify, reverse engineer, decompile, decipher software its documentation or source code. • Make software enhancements or use other methods that have the goal or result of accessing the source code or protocol of software used in the portal. • Incorporate, integrate, reuse, include part or all of the software in another software, program or service. • Distribute, redistribute, assign, lend, transfer, transform, pledge or license software. The user and the teacher will not be able to access the sources of the software.
17. Confidentiality Agreement for Course Enrollment. Prerequisite: (a) Acknowledging that those who register for courses through the registration process performed on the portal www.tarocchi.com intend to attend seminars held by the Academy of Tarot: (b) “Confidential Information” means all information transmitted by the Tarot Academy and/or its teachers in the conduct of courses/seminars concerning: the method of teaching and the method of reading the Tarot, information and historical and symbolic details of the Tarot. Without limitation to the general criterion above, Confidential Information includes all information, know-how or knowledge, whether in written, electronic, visual or audio-visual form, or in any other tangible or intangible form, and all copies and reproductions, whether provided in writing or verbally as a demonstration or otherwise. It is agreed that: Disclosure obligations: The party signing this agrees to: (a) protect the confidentiality of Confidential Information (b) treat all Confidential Information at least with the degree of protection with which all of its own confidential information is treated (c) display, disclose or communicate Confidential Information to third parties only with the prior written consent of the Academy of Tarot (d) copy or otherwise reproduce Confidential Information only to the extent that this is authorized by the Academy of Tarot (e) comply at all times with any additional protection and confidentiality requirements of any governmental authority of which the Academy of Tarot informs the Receiver at any time Non-use obligations The contents in this agreement shall imply or intend to grant any document, right or title of any nature to the Receiver with respect to the Confidential Information. Consequently, the Receiver will not use any of the Confidential Information for its own benefit or for the benefit of third parties without the written consent of the Academy of Tarot. Restrictions on disclosure The above non-disclosure obligations will not apply to any portion of any Confidential Information that: (a) is or becomes generally available to the public without violation of this agreement; or (b) is already known to the Receiver being shown to be in the Receiver’s possession at the time of transmission. Violation of obligations The Receiver agrees to abide by the obligations undertaken above, noting and accepting that in case of violation he/she will be held liable for damages in favor of the Academy of Tarot, for any breach of this covenant, in the amount that is determined to be 2,000.00 euros for each violation.
18. Promotional messages The portal www.tarocchi.com may send newsletters, SMS and non-promotional communications by mail related to the personal account to the Participant at any time. The portal www.tarocchi.com may also direct users with promotional messages (via e-mail, SMS or by mail) to promote services similar to those already purchased by the user on the www.tarocchi.com platform. You may object to receiving promotional messages at any time by contacting customer service at email@example.com. The service is obliged to suppress all submissions within 48 hours of receiving the application.
19. Modification of general and special conditions The portal www.tarocchi.com reserves the right to change the content of these general conditions and special conditions at any time and to improve the technical characteristics of the software and tools of the www.tarocchi.com platform. It may also introduce access or service limitations, in whole or in part, without notice and without assuming responsibility for such service limitation. The user and the teacher will be informed of the changes with seven (7) days’ notice before they come into effect, except where the changes are dictated by mandatory rules or judicial decision, in which case the coming into effect will be immediate. Each user is required to check these conditions periodically to ascertain any changes that have occurred since the last use of the portal. In any case, a user who logs on to the www.tarocchi.com platform after these changes come into effect unquestionably and automatically accepts them. If the changes are not accepted, the user may at any time cancel his or her registration on the site, it being understood that continued use of the services implies acceptance of the new conditions.
20. Confidentiality and communication Each party acknowledges that the contract, documents and information exchanged during the performance of the Contract, technical data, methods peculiar to each party, and other processes or services covered by the Contract are confidential. Accordingly, each party is prohibited from disclosing or communicating the above information to third parties without prior written consent of the other.
21. Security The portal www.tarocchi.com has implemented the necessary physical and electronic measures to protect the confidentiality and ensure the security of information from customers and users. These measures are designed to protect the paper and electronic documentation provided by anyone dealing with the Service and also affect the organization of the portal. Physical and electronic measures will be constantly updated in compliance with the provisions of the Personal Data Protection Code.
22. Complaints In case of complaints of any kind, the user should send the customer service question by email to firstname.lastname@example.org indicating the following data: surname, first name, postal address, email address, telephone. Complaints will be processed within 30 days of receipt of the email, with the understanding that if there is no response from customer service, you must provide proof that you sent the application.
23. Nullity, titles, clauses, non-application Failure to avail oneself of the application of any of the clauses of the Contract will not be interpreted in the future as a waiver of the application of that clause. The titles of the articles and paragraphs of the conditions are intended only to facilitate the organization of the text, articles, and paragraphs and has no interpretive value for the Contract or its contents. Misunderstanding of a paragraph of a clause in this contract will not result in cancellation of the Contract. The cancellation of a clause is without prejudice to the other provisions of the contract. The parties agree to replace the clause declared null and void or illegal with a new clause that complies with its desired content.
24. Cooperation and Loyalty of the Parties The parties agree on the need to maintain close cooperative ties to coordinate their actions and comply with the terms and conditions of these terms and conditions.
25. Applicable Law and Disputes This contract consists of the general conditions of service and special conditions applicable to the user and the teacher. Every agreement and document concerning its subject matter and the provision of services, and in particular every business proposal and other service provision document exchanged between the parties before and after signing, have no contractual value. For any dispute, the court of jurisdiction will prevail.