Terms and Conditions ACADEMY for AFFILIATE
1. License. In accordance to the following terms and conditions WeakRisk Ltd. ( also “Licensor” ) grants the use to the Customer, as identified above, the software called “WeakRisk Academy Solutions” ( hereinafter “the Software” ), an operating IT tool, consisting of a suite of specific applications and a management product dedicated to sports companies, which allows you to manage all aspects of a sports company at its best.
2. Choice and use of the software. The Customer declares to be aware of the characteristics of the Software, of the risks inherent in the activities carried out through the Software as described for illustrative purposes in the following point n. 12 and having chosen to suit his own needs.
3. Duration. This contract has the same duration as the contract stipulated by the main club and, in any case, for a maximum of 5 years, starting from the date of the stipulation. Failure to pay the agreed amount, or part of it, on the set dates will make the decline of the term’s benefit for the debtor and Weakrisk will be entitled to act for the recovery of its entire credit in capital, interest, backward quote, default interest and accessories.
4. Access to the private area and use of the Software. Every customer, become “registered user”, in possession of a valid username and password, will be able to access the restricted area and, through electronic links (web), use the Software. In any case WeakRisk Ltd.. is not liable for any damages arising from delays in delivery of the Username and Password due to force majeure or beyond its control. The software is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to law or regulation. It ‘s your responsibility to ascertain the terms of and comply with any applicable law or local regulation to which you are subjected.
5. Right to rescind. Within 10 days from the signature of this contract, the Customer has the right to rescind the contract in advance for good reason and without penalty, by notice in written comunication to WeakRisk Ltd. In case of withdrawal, the customer will be entitled to a refund of the amount paid for the purchase of the Software in accordance with this contract. Affiliated clubs can annually unsubscribe from the contract, within the forewarning required by the commercial offer signed.
6. Right of exclusion held by the main club. Each affiliated club accepts the right of exclusion from the use of the software by the main club for whatever reason it claims, releasing Weakrisk s.r.l. from any liability in this matter. No damage claim can be charged to Weakrisk s.r.l. for an exclusive initiative of the main club, whose reasons, it couldn’t even know. Weakrisk s.r.l. guarantees the affiliate club the use of the software for the annuity paid by it.
7. Advertising. The affiliated club allows the view of advertising banners of the main club’s sponsors on the Apps supplied to its own athletes.
8. Use of the Software and security mechanisms. The customer has the right to access and view the Software, licensed by this agreement , by accessing to the reserved area by username and password. The software is equipped with protection mechanisms verifying the validity of an entrance that can be activated by username and password. The duration of a session is defined from the web server and is maintained valid for the exchange of datas with the final user. In the event that the system detected a second access with the same account, the previous access will be invalidated. In this case the user previously connected will receive an error message, clarifying that the disconnection is due to the connection made by another client. The parties agree that the license does not give the customer any rights to the source program and that all the techniques, the algorithms and procedures, contained in the program and attached documentation, are confidential information and property of WeakRisk Ltd. or of its licensors who own all the rights exclusively. It is expressly forbidden to the Customer to copy in whole or in part programs licensed for use under this contract.
9. Ownership – Prohibition of transfer.The Software is supply under license for use in fixed period, non-exclusively. It is expressly forbidden for the Customer, to sell it or to give it under sub-license, to any third party for any reason.
10. Secret – Amendments. The Customer undertakes to keep secret the contents of the software and to protect property rights of Licensor and its suppliers; in particular itâ€™s strictly forbidden to modify the Products, or to incorporate it, in whole or in part, in other programs, or to do or permit the reverse engineering. In the case of violation of these restrictions, the Customer shall pay a penalty of Euro 100.000, 00 subject to the right of the WeakRisk Ltd. to a higher compensation for greater damages.
11. Fees. In consideration for the use of the Software, the Customer will pay to Weakrisk Ltd. the fees agreed for renting and detailed in the offer. By the acceptance of this document, the client authorizes, for our customer’s information purposes exclusively, to use name, images and logo of the subscriber on our communication systems.
12. Warranty. WeakRisk Ltd. Warrants exclusively that the Software is able to perform the operations described in point n. 1. Any potential check will be carried out only by using the tests provided by the Licensor. However the warranty is conditioned to the proper functioning of the computer, the operating system and its correct use by the customer.
13. Updates and Maintenance. WeakRisk Ltd. Is committed to continually improve its Software. To this end, updates and improvements to the Software will be communicated to the Customer who will be allowed to download the update at no additional charge. The assistance measures for use are not included in this contract.
14. Responsibility. In waiver of provisions of art. 1578 and successive regulations of the Italian Civil Code, WeakRisk Ltd. is not responsible for any damage caused to the Customer by error originated in or occurring later in the Software. WeakRisk Ltd. is not liable for any direct or indirect damage, however incurred by the Customer or third parties caused by the use or non-use of the Software. Even in the case of defects, WeakRisk Ltd. is required only to the replacement of the product, with the express exclusion of any other obligation (for example, assistance) or liability of WeakRisk Ltd.The Client exempts from now WeakRisk Ltd. from any responsibility relating to the provision of the services offered. In the understanding that responsibility of Weakrisk Ltd. is limited on sending username and password to access the Software, in case if it was impossible, a conventional compensation according to art. 1229 of the Italian Civil Code will be made. The amount of this compensation will be equal to an amount equivalent to the economic value corresponding to the number of days of non-use of the product.
15. Exclusive Forum. The Licensor and the Customer declare unanimously to recognize and accept, for every disputes of any nature, arising under this agreement, the exclusive jurisdiction of the Court of Bergamo(Italy), with the express exclusion of any other court.
According to Art. 1341 and 1342 of the Italian Civil Code the Customer specifically approves the points n. 2 ( Choice of the Software), n.3 ( Duration ), n. 4 ( Access to the private area and use the Software), n. 6 (Right of exclusion held by the main club). n.7 ( Advertising ) n.8 (Use of the software and security mechanisms), n. 9 (Ownership – Prohibition of transfer ), n. 10 (Secret – Amendments ), n. 11 ( Fees and Interest on arrears ), n. 12 ( Warranty ), n. 13 ( Updates & Maintenance ), n. 14 ( Responsibility ), n. 15 ( Exclusive Forum ).