This document contains the general terms and conditions on the basis of which users are offered the use of the website www.wibo.app, which offers online quizzes and questionnaires to engage and train the public during training courses, events and meetings, remotely or in person.
1. Definitions
To allow a full understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, will have the following meanings:
titular: EntertainmentLabs s.r.l., with registered office in Corso Castelfidardo 30/A, 10129, Turin, VAT number/Tax Code 12215420014, TO — 1273472, fully paid-up share capital 1,279.45€, PEC address tommasoseita@pec.it
Application: the website www.wibo.app
Products: the services provided to the user by the Data Controller
User: any person who accesses and uses the Application
Consumer User: the adult natural person who concludes a contract for purposes unrelated to their business, commercial, craft or professional activity that may be carried out
Non-consumer user: the adult natural person or legal entity that concludes a contract for the performance or for the needs of their business, commercial, craft or professional activity
Conditions: this contract that governs the relations between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
2. Detailed information on the Application's offer
The Application provides Users with a tool to create quizzes and questionnaires to share and play in real time or on a deferred basis with their audience during training courses, events and meetings, remotely or in person, making every topic interesting thanks to gamification. Wibo's goal is to involve participants, increasing engagement during the gaming experience and consequently improving the training and learning results of its audience.
3. Scope of the Conditions
The use of the Application implies the acceptance of the Terms by the User. If the User does not intend to accept the Conditions and/or any other notice, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Terms may be changed at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product.
Before using the Application, the User is required to carefully read the Conditions and to save or print them for future consultation. The Owner reserves the right to change at its discretion, at any time even after the User's registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User, if necessary.
4. Purchase or supply request through the Application
All the Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times, accessory charges, etc.). There may be some errors, inaccuracies or minor differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are allowed both to Consumer Users and to non-Consumer Users.
Purchases and/or supply requests are allowed to individuals only on condition that they are of legal age. For minors, any purchase and/or request for the supply of Products through the Application must be examined and authorized by parents or legal guardians.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for purchase and/or supply request, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Data Controller will have, at its sole discretion, the right to accept or not accept the User's order without the latter being able to object or complain about anything for any reason and/or reason.
The contract for the sale or supply of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Data Controller will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will indicate the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and additional taxes, the delivery and execution times, the methods for exercising the right of withdrawal or its possible exclusion and the warranty.
The contract for the sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking if he intends to confirm the order or not. It is understood that the contract will be considered completed in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Data Controller of any errors and will keep a copy of his order, the relative confirmation and the Conditions.
5. Registration
To take advantage of the functionality of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (https://wibo.app/privacy-policy/) and the Conditions.
The User has the burden of keeping their login credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Data Controller if he suspects or becomes aware of a misuse or undue disclosure of the same.
The User guarantees that the personal information provided during the registration process is complete and true and undertakes to keep the Data Controller harmless and free from any damage, compensation obligation and/or sanction deriving from and/or in any way related to the violation by the User of the rules on registration to the Application or on the storage of registration credentials.
6. Account cancellation and closure
The registered User can stop using the Application at any time and deactivate their account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address supporto@wibo.app.
In the event of a violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.
7. Subscription
The Application offers Subscription Products. The features and methods of subscription are detailed in the Application.
To subscribe to the subscription, the User must follow the procedure indicated in the Application and enter the required data. Any charge for the subscription will begin on the date specified and with the frequency indicated at the time of subscription.
The subscription is renewed according to the methods and times indicated in the Application.
Users can deactivate the renewal through the Application or by sending a communication to the e-mail address supporto@wibo.app or by changing the preferences of the payment method used.
8. Prices and payments
For each Product, the price and VAT, if applicable, are indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
In addition, all possible taxes and additional expenses that may vary depending on the payment method used will be indicated. If these items of expenditure cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to change, at any time, the price of the Products and all possible additional costs. It is understood that any price changes will in no case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and manner indicated in the Application and to communicate all necessary data that may be requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (number of credit cards, name of the owner, password, etc.).
If these third-party tools deny payment authorization, the Data Controller will not be able to provide the Products and cannot be considered responsible in any way.
9. Invoicing
The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will be valid, issuing to the Data Controller any larger relief in this regard.
10. Methods of providing services
The Data Controller will provide the services to the User, in the manner and within the time limit indicated on the Application and indicated in the order confirmation.
In the event that it is not possible to provide the requested services within this deadline, the User will be promptly notified by e-mail, with an indication of when it is expected to be able to provide them or the reasons that make the provision impossible.
If the User does not intend to accept the new term or the supply has become impossible, he may request a refund of the amount paid, which will be promptly credited to the same payment methods used by the User for the purchase, no more than 14 days from the date on which the Data Controller became aware of the request for reimbursement.
11. Exclusion of the right of withdrawal of non-Consumer Users
The non-Consumer User has no right to withdraw from the contract for the sale or supply of the Products. The User expressly recognizes that the indication in the order of a VAT number automatically qualifies him as a non-Consumer User, for whom there is no right of withdrawal.
12. Consumer Users' right of withdrawal from the purchase of services
The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of conclusion of the contract, by sending a written communication to the e-mail address supporto@wibo.app, using the optional withdrawal form referred to in the following article or any other written declaration.
In the event of a properly exercised withdrawal, the Owner will reimburse the Consumer User for the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User announced that he was withdrawing from the contract.
In the event of a request to provide a service, the Consumer User acknowledges and accepts to lose the right of withdrawal after the complete provision of the service if the provision began with his express agreement and with the acceptance of losing the right of withdrawal after the service has been performed, pursuant to art. 59, letter a) of the Consumer Code. In addition, the Consumer User acknowledges and accepts to lose the right of withdrawal if he has requested that the service begin during the withdrawal period, pursuant to art. 51, paragraph 8.
If the provision of the service has not been fully carried out and the Consumer User wishes to withdraw from the contract, he remains obliged, pursuant to art. 57, paragraph 3 of the Consumer Code, to pay the Data Controller an amount proportional to what was executed up to the moment in which he exercised the right of withdrawal.
The Consumer User acknowledges and accepts that the withdrawal from a subscribed subscription does not result in the return of the amounts relating to the Products already used or delivered.
13. Optional form to exercise the right of withdrawal
The User can withdraw using the following form that must be completed in its entirety and sent to the e-mail address supporto@wibo.app before the expiry of the withdrawal period: I hereby announce the withdrawal from the sales or supply contract relating to the following product ________ Order number: ________ Ordered on: ________ Name and Surname: ________ Address: ________ E-mail associated with the account from which the order was placed: ___________________ Date: ________
14. Contents sent by Users
The User may upload Content to the Application, provided that they are not illegal (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violate the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or are not in any other way harmful to the Owner and/or third parties or do not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by a third party, the User assumes full responsibility and undertakes to hold the Data Controller harmless and harmless from any damage, loss or expense.
The User guarantees that the Contents are sent to the Application through their account by adults. For minors, the submission of Content must be vetted and authorized by their parents or by those exercising parental responsibility.
The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, content management and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Contents and their behavior.
It is forbidden to use an email address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate their identity, or in any other way to falsely declare the origin of the Contents.
The Owner is unable to ensure timely control over the Contents received and reserves the right at any time to delete, move, modify those that, at its discretion, appear to be illegal, abusive, defamatory, obscene or harmful to copyright and trademarks or in any case unacceptable. Users grant the Owner a non-exclusive right of use on the Content sent, without restrictions on geographical areas. The Data Controller may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, memorize, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission with any mode of communication) in any form, any Content (including images, messages, even audio and video) that may be sent by the User, even through third parties.
The Content sent will not be returned and the Owner will not be responsible to Users for the loss, modification or destruction of the transmitted Content.
It is expressly prohibited, unless explicitly authorized by the Data Controller: i) the use of automatic ad loading systems, except those expressly authorized, ii) the serial publication and/or management of advertisements on behalf of third parties by any means or modalities, iii) reselling the Data Controller's services to third parties.
15. Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or relating to the Application and/or the Contents available on the Application. Therefore, all brands, figurative or nominative and all other signs, commercial names, service marks, word marks, trade names, illustrations, images, logos, contents related to the Application are and remain the property of the Owner or its licensors and are protected by current trademark laws and related international treaties.
The Terms do not grant the User any license to use the Application and/or to individual contents and/or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.
16. Exclusion of warranty
The Application is provided “as is” and “as is available” and the Owner does not provide any express or implied warranty in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will never be interrupted or will be error-free or that it will be free of viruses or bugs.
The Data Controller will strive to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the owner's control or for force majeure events.
17. Limitation of Liability
The Data Controller cannot be held responsible to the User, except in the case of intent or gross negligence, for disruptions or malfunctions connected to the use of the Internet network outside its own control or that of its suppliers.
The Data Controller will also not be responsible for damages, losses and costs incurred by the User as a result of the non-execution of the contract for reasons not attributable to him, the User being entitled only to a possible full refund of the price paid and any ancillary charges incurred.
The Data Controller assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, name of the owner, password, etc.)
The Data Controller will not be responsible for:
- any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Data Controller
- incorrect or unsuitable use of the Application by Users or third parties
- the issuance of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being solely responsible for the correct entry. In no case can the Data Controller be held responsible for an amount greater than twice the cost paid by the User.
18. Force majeure
The Data Controller cannot be considered responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, to unforeseen and unpredictable events and, in any case, independent of his will.
The fulfillment of obligations by the Data Controller will be considered suspended for the period in which force majeure events occur.
The Data Controller will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
19. Linking to third-party sites
The Application may contain links to third-party sites/applications. The Data Controller has no control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, for which the Data Controller assumes no responsibility.
20. Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at https://wibo.app/privacy-policy/
21. Applicable law and place of jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to go to a court other than that of the “consumer court” pursuant to art. 66 bis of the Consumer Code, competent for territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
Without prejudice to the application to Consumer Users who do not have their usual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their usual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercising this right, the methods and formalities of communicating the same and the legal guarantee of compliance.
For non-Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Data Controller is based.
22. Online dispute resolution for Consumer Users
The Consumer User resident in Europe must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and/or deriving from contracts for the sale of goods and supply of services stipulated on the network. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date 10/04/2020