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TERMS AND CONDITIONS

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For information about your personal data collected, the purposes and the subjects with whom the data is shared, contact the Data Controller.


Last modified: May 22, 2020

Bachar hosts this page and collects the Personal Data strictly necessary for the contents of this page to be available

 

Terms and Conditions of Bachar di Fabio Speri Sas

Users who use the Services offered by Bachar declare that they know and accept these general terms and conditions.

 

Owner of Bachar and related Services

Bachar by Fabio Speri Sas

Via Lecco, 72 - 20864 Agrate Brianza (Italy)

VAT/CF/VAT number: IT08971500965

Chamber of Commerce of Monza and Brianza

info@bachar.it

 

About Bachar

The Services offered by the Owner, in order to support the User in their organization and activities, consist in making available to the User information, articles, reports, statistics, forms, and services that can be purchased online.

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Use of online services on Bachar

The User is solely responsible for the use of the Online Services present on Bachar, the use of which is done at his own risk and falls entirely under his responsibility.

Any explanatory texts provided in correspondence with the available Services do not in any case replace a legal opinion nor do they replace the assistance or advice of a professional. In fact, these texts have the mere purpose of facilitating the use and understanding of the Service, they are not exhaustive and may not be suitable for the specific case.

The Owner is a mere technical supplier of the Services and cannot in any case be held responsible for the use that the User makes of the same nor with respect to the achievement of the purposes of use of the Service itself

 

User Contributed Content

Users are responsible for their own and third-party content that they share on Bachar, by uploading, posting or otherwise. Users indemnify the Owner from any liability in relation to the illicit dissemination of third party content or the use of Bachar, in ways contrary to the law.

The Owner does not carry out any type of moderation of the content published by the User or by third parties, but undertakes to intervene in response to reports from Users or orders given by public authorities in relation to content deemed offensive or illegal.

 

Rights to Content Provided by Users

The only rights granted to the Owner in relation to the contents provided by the Users are those necessary for the operation and maintenance of the site.

 

Content Provided by Third Parties

The Owner does not carry out any preventive moderation on the contents or links provided by third parties shown on Bachar.it. The Owner is not responsible for such contents and their accessibility.

 

Services provided by third parties

Users can use services or content included in Bachar provided by third parties, but they must first read the terms and conditions of such third parties and accept them. Under no circumstances can the Owner be held responsible in relation to the correct functioning or availability, or both, of services provided by third parties.

 

Registration

In order to use the Service or part of it, Users must register by truthfully and completely providing all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The User has the duty to guard and keep his access credentials confidential.

It is understood that under no circumstances can the Data Controller be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

 

Deletion and Termination of User Accounts

Registered Users can deactivate their accounts, request their elimination or stop using the Service at any time, by contacting the Owner directly.

The Owner, in case of violation of these Terms, reserves the right to suspend or terminate the User's account at any time and without notice.

 

Responsibilities and duties of the User

The publications of articles, links to external sites, models, statistics, reports, online forms / questionnaires offered by Bachar regarding its sector of expertise, merely consist in making technological and assistance tools available to the User to support him in managing the L&D aspects of your organization and business.

The User remains solely responsible for making his activity compliant with the legislation applicable to it.

The User is authorized by Bachar to use the contents on the site, upon request by email to info@bachar.it  Eventual reproductions in any form, if not authorized, will be considered in violation of the right to copyright of the Owner.

 

Purchase

Purchase procedure

Each order sent constitutes an offer to purchase the Services offered by Bachar. Orders are subject to the availability and discretionary acceptance of the Owner. The User must select the chosen Service, in the type and duration that he autonomously decides, and complete the check-out only after carefully verifying the information contained in the Order Summary Form. The order is made by confirming it and is subject to payment of the price indicated in the Order Summary Form.

The Order Processing Receipt does not constitute acceptance of your order. The conclusion of the purchase takes place when the Owner sends the Order Confirmation to the email address provided by the User. The Owner reserves the right not to confirm an order, communicating to the User within 5 working days of placing the order – to the email address associated with his purchase – the possible unavailability of one or more of the Services purchased. In this case, the Owner will refund any amount paid by the User.

In order to place an order, Users must register on the site by providing the requested data. The prices indicated are inclusive of taxes, duties and legal charges that may be applicable. The Owner reserves the right to offer different discounts and promotions throughout the year. For further details regarding a possible ongoing promotion, the User is requested to contact the Owner at the contact information contained in this document.

 

Subscription subscription

Some of the Services are offered by Bachar on a subscription basis. In this case, payments begin on the date Users choose a subscription payment plan or change an existing subscription plan. To keep Paid Services active, your subscription must be renewed at each Paid Period.

 

Automatic Renewal

Subscriptions are automatically renewed using the payment method that the User chose at the time of purchase. The renewed subscription will extend for a period of time equal to the original period of Service. Users can deactivate the automatic renewal at any time by changing the preferences of the payment method used. In the event of non-renewal, Bachar may be forced to cancel the subscription when it expires.

 

Automatic update of subscription subscriptions

Some subscription subscriptions available on Bachar may be updated automatically if the usage thresholds set for the subscription in use by the User are exceeded. In such cases, the update to the subscription subscription appropriate to the level of use will be carried out automatically, in order to guarantee continuity in the provision of the Service.

The payment instruments used will be the same ones that the User chose for subscribing to the original plan. To allow the automatic update to be successful, the User has the duty to check that the payment instruments entered are valid. If the payment instruments indicated by the User are not usable, the Owner may be forced to suspend the provision of the Service.

The User is free to disable this automatic update feature via the Service interface, or by contacting the Owner. In this case, if the maximum usage thresholds allowed by your subscription are exceeded and you do not update your subscription once we receive notification, the Owner may be forced to suspend the provision of the Service.

In any case, the Data Controller will do its best to notify the User via email about the imminent exceeding of the maximum thresholds and, therefore, about the need to update their subscription.

 

Deactivation of the Service, withdrawal and refund

The User can interrupt the provision of the Service at any time by contacting the Owner directly.

In the event of deactivation, refund requests are not accepted for payments already made even if these refer to portions of the Service not used by the User.

In any case, the Owner reserves the right, at its sole discretion and without this entailing charges or obligations of any kind towards Users, to grant reimbursement in very exceptional cases once the specific circumstances of the case have been assessed.

By virtue of the right of withdrawal, the User may, within 14 days from the date of activation or payment of the Service, make a refund request, sending notice to the Owner via the contact information made available in this document and including in the request the identification details necessary to identify the purchase to which the refund request refers.

The Account Holder will proceed with the refund within 14 hours of receiving the request, using the same payment instruments used in the transaction to be refunded.

For further information or to receive assistance regarding a refund request, the User is requested to contact the Owner at the contact information provided on Bachar.

 

Terms of payment

Bachar uses third-party payment processing tools and does not in any way come into contact with payment data – such as credit card data – provided.

Should the owner of each of these third-party tools refuse to authorize payment, the Owner will not be able to provide the Service and will not be responsible for any delay or non-delivery.

 

Duration

The duration of the Service is indicated at the time of payment of the fee and confirmed in the Order Confirmation Mail sent by the Owner.

 

Changing Your Payment Plan

The User is free to change the chosen payment plan at any time.

In the event that the User decides to change his payment plan, the portion of the previous plan not yet used will be converted into a bonus that can be spent, pro rata, in the form of a free period applied to the new chosen plan.

If a currency conversion is required, the criteria set out in the specific paragraph of this document will apply.

 

Currency conversion

The exchange rate is, depending on the case, the one decided by the operator who processes the payment or, failing that, Bachar will apply the one decided by the European Central Bank at the moment of the transaction.

 

The Service is provided "as is"

The Service is provided by the Owner "as is", without any express or implied guarantee as to its accuracy or availability.

 

Service Interruption

The Owner reserves the right to add or remove functions or features or to suspend or completely interrupt the provision of the Service, both temporarily and definitively. In the event of definitive interruption, the Owner will act as possible to allow Users to obtain their information hosted by the Owner.

 

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Bachar and its Services without the Owner's express permission, granted directly or through a specific reselling program.

 

Indemnity

The User undertakes to indemnify the Owner (as well as any company controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise in the event of damages caused to other Users or third parties, in relation to the contents uploaded online, to the violation of the terms of the law or of the terms of these conditions of service.

 

Use not permitted

The Services shall be used in accordance with the Terms.

Users cannot:

reverse engineer, decompile, disassemble, modify or create derivative works based on Bachar or any portion of it;

circumvent the computer systems used by Bachar or its licensors to protect the content accessible through it;

copy, store, modify, change, prepare derivative works of or otherwise alter any of the content provided by Bachar;

use any robot, spider, site search and/or retrieval application, or any other automatic device, process or means to access, retrieve, scrape or index any portion of Bachar or its contents;

rent, license or sublicense Bachar;

defame, abuse, harass, threaten, threaten, or otherwise violate the rights (such as the right to privacy and publicity) of others;

disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;

the User cannot copy-paste or integrate the Services offered by Bachar deviating from the detailed instructions provided by the Owner regarding the methods of the Services themselves (eg using tools or codes other than those indicated, etc.);

use Bachar's content in any other improper manner that violates these Terms.

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Privacy policy

For information on the use of personal data, Users should refer to Bachar's privacy policy.

 

Intellectual Property Rights

All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear relating to Bachar are and remain the exclusive property of the Owner or its licensees and are protected by applicable trademark laws and related international treaties.

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Age requirements

Users declare that they are of age according to the legislation applicable to them. Minors may use Bachar's services only with the assistance of a parent or guardian. Under no circumstances may children under the age of 13 use the services of Bachar.

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Limitations of Liability

All features accessible through Bachar are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, express or implied, that is not required by law. In particular, no guarantee is given as to the suitability of the services offered for the particular purposes set by the User. The use of the services and functionalities accessible through the Bachar site is carried out by Users at their own risk and under their own responsibility.

The Owner, within the limits of the applicable law, is liable for damages of a contractual and non-contractual nature towards Users or third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of Bachar's activity. Therefore, the Owner will not be responsible for:

 

any losses that are not a direct consequence of the Owner's breach of the Contract;

any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

damages or losses deriving from interruptions or malfunctions of Bachar due to force majeure events or, in any case, to unforeseen and unpredictable events and, in any case, beyond the control of the Controller and beyond the scope of control of the Owner such as, by way of example but not limited to, breakdowns o interruptions to telephone or electricity lines, to the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and IT attacks, interruptions in the supply of third-party products, services or applications;

incorrect or unsuitable use of Bachar by Users or third parties.

 

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by means of its publication on the Bachar website.

The User who continues to use Bachar after the publication of the changes accepts the new Terms without reservation.

 

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.

The User may not assign or transfer in any way his rights or obligations under the Terms without the written authorization of the Owner.

 

Communications

All communications relating to Bachar must be sent using the contact information set out in the Agreement.

 

Ineffectiveness and partial nullity

If any clause of the Terms should be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.

 

Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, to the jurisdiction of the State and to the exclusive jurisdiction of the court of the place where the Owner is based. The exclusive forum of the consumer is an exception, if the law so provides.

 

Online dispute resolution for consumers

The consumer residing in Europe should be aware of the fact that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link.

The Data Controller is available to answer any questions sent via email to the email address published in this document.

 

Definitions

Last modified: May 22, 2020

 

Bachar hosts this page and collects the Personal Data strictly necessary for the contents of this page to be available

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