These general conditions of contract (hereinafter, “General Conditions”) govern the methods and terms by which ML Project s.r.l., based in MILAN - 20125 (MI) Viale Montenero, 22 VAT number 10072900961, Rea MI 48578E, e-mail email@example.com, makes the services indicated below available to people (hereinafter, “Users”), at the internet address www.sharequalization.com (hereinafter, “Sharequalization platform”) and at https://courses.peoplenpractice.com of the People and Practice e-learning platform (hereinafter “Peoplenpractice Platform”). The services are provided in SaaS mode, including using third-party infrastructures, software resources and networks.
The Sharequalization Platform allows Users:
- to have information and contact details of the instructors who have joined the “Share Equalization” Platform (hereinafter, “Instructors”) and who teach equalization techniques based on free diving protocols and the “Share Equalization” method, and then search and purchase their training courses and related activities on their websites;
- to purchase training kits directly from ML Project s.r.l. in “Do it Yourself” mode (hereinafter, “Training Kits”) and to use them on the Peoplenpractice Platform, also by ML Project s.r.l.;
-to use the SHARE TV; to book free checks and send “Selfies” in the form of short videos to the Instructors and stay up to date on initiatives, events, workshops on equalization techniques according to the protocols and the “Share Equalization” method.
All the above services (hereinafter, “Services”) are intended only for adults who conclude a contract with ML Project s.r.l., as consumers: that is to say, for purposes unrelated to their own entrepreneurial, commercial, craft or professional activity.
In the event that the User chooses to contact and use the services of an Instructor, through his page hosted on the Platform (“hereinafter, “Profile”), he will be redirected to the website or social pages of the Instructor himself, and will conclude with him specific contracts of which ML Project s.r.l. is not, in any way, part of and takes no responsibility.
ML Project s.r.l. does not receive fees or percentages nor does it acquire rights on initiatives independently organized and promoted in the Instructors’ Profiles and websites.
ML Project s.r.l. only collects fees for the affiliation of Instructors to their community, for the services it offers them and for the sale on its Platform of the training kits directly to Users in “Do it Yourself” mode.
In any case, any contract stipulated between Users and Instructors outside the Sharequalization or Peoplenpractice Platform is not the subject to these General Conditions but is governed by the contract conditions published by each Instructor on their website.
Art. 1 - The Services of ML Project s.r.l. subject of these General Conditions
1.1. These General Conditions apply to the use of the Services made available by ML Project s.r.l. to carry out:
a) the purchase, against payment of a fee, of training kits in “Do it yourself” mode and their independent use, without the intervention and assistance of Instructors, by Users on the Peoplenpractice Platform;
b) the search for Instructors, through their Profiles on the Sharequalization Platform;
c) the use of SHARE TV, where videos, curiosities, tips, tricks are available to allow Users to improve their equalization technique and receive advice from the Instructors;
d) the booking of free checks regarding the assessment of the Users’ skills on equalization, also known as the “Anamnesis”;
e) sending “Selfies” in the form of short videos to Instructors who will evaluate and give Users tips and exercises to improve their equalization technique.
1.2. Except for the purchase of training kits, all the other services listed above provided to Users (letters b to e) are free and do not require the payment of a fee by the Users.
Art. 2 - Services by the Instructors not subject to these General Conditions
2.1. Contracts for the purchase of services offered on the Instructors’ websites or social pages, external to the Sharequalization Platform, which Users access through their Profiles, are concluded exclusively with the Instructors themselves without ML Project s.r.l. is in no way part of the contract. It follows, therefore, that the aforementioned is not liable for non-fulfilment, nor can it be involved in disputes that may arise in relation to the contracts concluded between them, nor for any damages, direct or indirect, which may derive both from the execution or non-execution of the aforementioned services or contracts.
2.2. The Sharequalization Platform works only as a showcase for the presentation of Instructor Profiles and, therefore, of the services independently marketed by the aforementioned, which consist of training courses based on free diving protocols and the “Share Equalization” method, complete with registrations of audiovisuals, texts and certificates of participation and support, teaching, training and assistance activities for Instructors (hereinafter, “Training Courses”).
The Training Courses of Instructors are used on the Peoplenpractice Platform of ML Project s.r.l.
2.3. With respect to these training courses, the instructor will independently, and under his own responsibility, determine the timing and the best delivery methods; also evaluating the abilities achieved by the User at the outcome of the training course, to issue specific “Start”, “Deep” or “Fly” certification, as specifically indicated in the free diving protocols according to the “Share Equalization” method.
2.4. ML Project s.r.l. is not bound by the applicable contract conditions and/or referred to on the websites and/or pages external to the Sharequalization Platform, to which the User could be redirected, through links in the Profiles, on the websites or on the social pages of the Instructors.
2.5. Instructors are therefore exclusively responsible for the services and initiatives promoted by them in the Profiles and on their websites to which Users are redirected through the links. These services are therefore subject exclusively to the contract conditions and to any regulations of the Instructors as well as to their sole responsibility, with the consequence that any withdrawals, guarantees, complaints and/or refunds are guaranteed and managed directly by the Instructors themselves.
Art. 3 - Registration and authentication credentials
3.1. Except for what will be said for the purchase and use of the training kits on the Peoplenpractice Platform, Users are not required to register to use the Services of ML Project s.r.l. subject of the Sharequalization Platform.
3.2. Users are required to provide their personal identification and contact data to use some Services (Share TV, booking of free checks, selfies) and in this case the specific provisions on the protection of their personal data apply and - where necessary - consent to the processing of their data will be acquired.
3.3. Registration is not even required to conclude contracts with the Instructors and for the use of their independent services, of which - as mentioned - ML Project s.r.l. is in no way part.
Art. 4 - Training kits
4.1. The training kits sold by M.L. Project s.r.l. in “Do It Yourself” mode consist of audiovisual recordings and written texts that can be used remotely by Users through the Peoplenpractice Platform. The training kits are complete with User participation certification. The purchase of training kits in “Do It Yourself” mode does not require the intervention of an Instructor.
4.2. If the User wants to purchase the Training Courses of the Instructors, he must conclude autonomous contracts with them, by accessing their websites and/or their social pages, or in any case their pages external to the Sharequalization Platform.
4.3. The training kits in “Do It Yourself” mode can be purchased by Users by paying M.L. Project s.r.l. the fees indicated for each one. Users have the right to access the materials of the training kits for a period of one year from the purchase made. After this deadline, access to the materials ceases automatically and without the need for further communications by ML Project s.r.l., even in the event that the User has not used them or has only partially used them. In this case, no refund is in any case due by ML Project s.r.l. for failure or partial use of the contents of the training kit, unless the conditions for exercising the right of withdrawal referred to in the following art. 7.
4.4. ML Project s.r.l. is the owner of the copyrights and related rights of economic use on the training kits. The User has the right to use the materials of the training kits as strictly necessary for their complete use. It will not be allowed to reproduce, copy, sell, distribute, rent, transmit, sub-license or otherwise transfer all or part of the original materials object of the training kits or part of them outside what is strictly necessary to use them for the purposes indicated in these General Conditions.
4.5. The training kits are used by the Users, upon registration, on the Peoplenpractice platform owned by ML Project s.r.l.
4.6. Conditions and methods of use of the Peoplenpractice Platform are the same as those provided for in these General Conditions for the Sharequalization Platform, also as regards suspension and/or interruption of services and related responsibilities referred to in the following art. 11.
Art. 5 - Purchase Procedure of the Services
5.1. The User can make purchases of training kits from ML Project s.r.l. following the procedure made available by ML Project s.r.l. and paying the fees indicated therein.
5.2. The contract is concluded with the receipt by the User of the e-mail confirming the order at the e-mail address indicated during the registration phase, in which the following are reported: date of the order, User’s data, characteristics of the service purchased, price, any additional charges and accessory taxes, methods for exercising the right of withdrawal or its possible exclusion and guarantee of conformity.
5.3. The order confirmation e-mail also contains an indication of the link to the Peoplenpractice Platform to which you can log in to use the training kit materials.
5.4. The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify ML Project s.r.l. in case any data is to be integrated and/or modified.
5.5. After being purchased by the Users, the training Kit and the services that they integrate cannot be modified in a pejorative way by ML Project s.r.l. until the User has made full use of it (therefore 1 year from the purchase of the training kit).
5.6. The prices published on the Platform are expressed in euros and include VAT. Payment can be made by Users using the major credit and debit cards.
5.7. The Platform uses third-party tools for processing payments and does not in any way come into contact with the payment data provided by the User (credit card number, name of the holder, password, etc.). Should such third party tools deny the payment authorization, the User will not receive the Order Confirmation and no contract will be finalized.
Art. 6 - Registration and authentication credentials
6.1. Once the above purchase has been made, the user is asked to register to use the “Do It Yourself” training kits purchased. By registering, Users choose a username and a password (hereinafter, “Authentication credentials”), to access their personal area (hereinafter, “Account”).
6.2. At the time of registration, the User is required to enter the necessary information in a complete, correct and truthful manner and, if necessary, to update it.
6.3. To complete the registration, Users are required to:
• accept these General Conditions of the Platform;
• declare that they have read the information on the processing of their personal data.
6.4. Access to the Platform and the authentication credentials used for the purpose are personal and cannot be transferred. Users are required to keep the authentication credentials under their sole responsibility, with the utmost diligence and confidentiality, and in any case undertake to communicate immediately to ML Project s.r.l. any theft, loss, or appropriation for any reason by unauthorized third parties, including for the purpose of any data breach communications, pursuant to Articles 33 and 34 European Regulation 2016/679. Users remain responsible towards ML Project s.r.l. and third parties of any damages they may suffer and/or violations of their personal data, depending on the loss of confidentiality, as a result of the foregoing.
6.5. These General Conditions apply to Users as long as they are registered and, therefore, up to:
• cancellation of the Account by the User;
• withdrawal of the User or termination of the contract, even in the case of the initiative by ML Project s.r.l.;
• cancellation by ML Project s.r.l. of the User’s Account due to inactivity. In fact, if the User does not use his Account for a period of time exceeding 12 (twelve) consecutive months, ML Project s.r.l. has the right to cancel it without giving him further specific notice.
Art. 7 - Withdrawal of Users from ML Project s.r.l. and conventional guarantee “Satisfied or refunded”
7.1. The User has the right to withdraw, without specifying the reason and at no cost, within 14 (fourteen) days of the purchase made at ML Project s.r.l. of the training kit in “Do It Yourself” mode, provided he has not started using the course. The withdrawal is exercised by communicating his will to withdraw from the contract to ML Project s.r.l. using the e-mail address Sharequalization@mlrevolution.com. The refund of the price paid by the User will be made on the same payment method used for the purchase, within 14 (fourteen) days from the notification of the withdrawal.
7.2. By activating the “Satisfied or refunded” conventional guarantee, the User can withdraw from the purchase made of the training kit in “Do It Yourself” mode even after having used the first training session and, in any case, before starting the second session. The willingness to make use of the guarantee must be communicated to the e-mail address Sharequalization@mlrevolution.com. The full refund of the price paid by the User will be made, as above, on the same payment method used for the purchase, within 14 (fourteen) days from the notification of the User’s wish to make use of the guarantee.
Art. 8 - Guarantee of conformity of the ML Project s.r.l. Services
8.1. ML Project s.r.l. also guarantees - for their entire duration - the conformity of training kits and services to use them according to the description contained in these General Conditions.
8.2. ML Project s.r.l. is only responsible for lack of conformity that occurs within 2 (two) years from the purchase of the training kit and/or from the use of its Services; whereas, the action aimed at asserting the faults is prescribed, in any case, within the term of 26 (twenty-six) months, if they are evident within this term.
The burden of proof of compliance with the contract is borne by ML Project s.r.l.
8.3. The warranty does not apply if the lack of conformity depends on the hardware and software tools used by the User, incompatible with the technical requirements for using the services indicated in these General Conditions, that is, if the User is not equipped with the tools:
The latest version of one of the following browsers:
d. Microsoft Edge
a. iOS Safari: 11 and up
c. Samsung Internet
Graphic and audio output capability
Broadband internet connection with a minimum speed of 5Mbps (recommended)
TLS 1.2 supported by your web browser.
8.4. In the event of a lack of conformity, the User, given the impossibility of requesting the restoration of conformity, has the right to a reduction in the amount paid or the termination of the contract on the basis of the conditions set out below. Resolution cannot be requested if the lack of conformity is minor.
8.5. The reduction of the agreed price is proportional to the decrease in value that will be encountered.
8.6. In the event of termination of the contract, ML Project s.r.l., within 14 (fourteen) days, reimburses the User the amount paid using the same payment method used by him. However, if there has been compliance for a period of time before the termination of the contract, ML Project s.r.l. refunds the User only the part of the amount paid corresponding to the period in which there was no compliance.
8.7. Upon the occurrence of the aforementioned conditions, ML Project s.r.l. may prevent the User from using the training kits and integrated services any further, in particular by making them inaccessible or deactivating them.
Art. 9 - Contents published by the Instructors - exclusion of liability of ML Project s.r.l.
9.1. Instructors are solely responsible for the truthfulness, accuracy and updating of the information and data published in their Profiles or communicated to Users also through their own websites or in other pages external to the Sharequalization Platform, to which Users could be redirected through links in the Profiles. With respect to this information, the Instructors autonomously select and publish the materials, photographs, videos of their interest and their opinions, advice and instructions to Users (hereinafter “Contents”).
9.2. ML Project s.r.l. does not carry out any prior checks on the Contents, which are published by the Instructors in their Profiles and on their websites or social pages. The Instructors are therefore exclusively responsible for the foregoing.
9.3. Without prejudice to the Instructors’ sole responsibility for the above, ML Project s.r.l. will remove - at its sole discretion - from the Profiles of the Instructors and, if necessary, also from their Platform (not from their sites or social pages which - as such - are not attributable to ML Project s.r.l.) all the Contents and information that , on their own initiative or following reports from other Instructors or Users, are deemed to be in violation of this article and of the equalization protocols of the “Share Equalization” method.
9.4. In its own platform, ML Project s.r.l. provides Users with an evaluation system for training kits and training courses and other services that may be provided by the instructors. ML Project s.r.l. remains free to choose at its sole discretion the comments to be published and those that must remain confidential. In no case, the comments published may prejudice the reputation or confidentiality of the Instructors and/or third parties or other Users.
Art. 10 - Obligations of Users
10.1. Users undertake to use the Services of ML Project s.r.l. in accordance with the following provisions.
By way of example but not limited to, they undertake to:
a) not to put in place, and not to contribute in any way to putting in place, cyber attacks of any type (including DOS attacks, use of viruses or other harmful components), actions aimed at damaging the integrity of ML resources Project s.r.l. and to cause direct or indirect damage to third parties, by any means;
b) refrain from violating the systems and IT security of ML Project s.r.l. or third parties;
c) not to use the Services in such a way as to cause damage to ML Project s.r.l. and to third parties and in any case for purposes other than those provided for by these General Conditions;
d) not to allow or transfer to third parties the use of the purchased Services, even partially, either for a fee or free of charge;
e) not to use or let third parties use the Services in such a way as to cause damage or harm, in any way and form, to the image, name, reputation and brands of ML Project s.r.l.;
f) not to use or let third parties use the Services made available by ML Project s.r.l. against the law or the rights of third parties or in order to cause offense or direct or indirect damage to anyone (by way of example but not limited to, material that deals with paedophilia, pornography or racist or fanatical apologies, publication of defamatory content and outrageous expressions).
10.2 In case of violation of even one of the aforementioned obligations, ML Project s.r.l. will have the right to intervene in the forms and ways deemed appropriate to eliminate, where possible, the violation and its effects and may also request - if the conditions exist - the termination of the contract.
10.3. As an effect of the above violation, ML Project s.r.l. is enabled to cancel the Users’ Accounts, retaining the sums paid by them corresponding to the part of the training kit used.
Art. 11 - Suspension and/or Interruption of services
11.1. The Sharequalization Platform and the Peoplenpractice Platform where the User uses the training kits, that can be used with a direct connection via the internet, is available 24 hours a day, from Monday to Sunday, unless maintenance, updating or saving interventions are needed; in that case, ML Project s.r.l. will notify Users 48 (forty eight) working hours before, unless it is a matter of carrying out maintenance, updating, saving or in any case unforeseen and/or non-programmable and technically indispensable changes.
11.2. In any case, ML Project s.r.l. does not respond and therefore declines any responsibility both towards its Users and towards third parties for delays, malfunctioning, suspension and/or interruption in the provision of the Services caused by:
a) unforeseeable circumstances, catastrophic events and force majeure;
b) malfunction or non-compliance of the connection tools that the Users own or, in any case, the ones used by them;
c) tampering with or interventions on the Services or equipment performed by Users when not authorized by ML Project s.r.l.;
d) incorrect or non-compliant use of these General Conditions of the Services of the Sharequalization Platform and of the Peoplenpractice Platform by Users;
e) justified reasons of security and/or guarantee of confidentiality;
f) any other cause not attributable to fault or wilful misconduct of ML Project s.r.l., and therefore due to suppliers, including IT attacks by third parties to the Sharequalization Platform and the Peoplenpractice Platform and to the additional IT tools and telematics connections that integrate them.
11.3. Whatever the cause of suspension or interruption of services, ML Project s.r.l. undertakes to restore them as quickly as possible.
11.4. Users acknowledge and accept that, in all the cases listed above and in any other case in which a suspension and/or interruption of the services occurs that is not dependent on fault or wilful misconduct attributable to ML Project s.r.l., the latter is in no way responsible to Users for the unavailability of the Services. Users, therefore, acknowledge and accept that they will not be able to make any request for damages, reimbursement or compensation against ML Project s.r.l. for the suspension or interruption of services occurring under the conditions mentioned above and, therefore, release ML Project s.r.l. from any liability in this regard.
Art. 12 - Amendments to the General Conditions
12.1. ML Project s.r.l. may modify these General Conditions at any time for reasons of improvement and efficiency of its Services.
12.2. The above changes cannot affect the methods of use and provision of the training kits and the services that integrate them until the User has made full use of them.
12.3. The new General Conditions apply only to purchases made after their publication on the Sharequalization Platform or from their communication by e-mail to registered Users.
12.4. In any case, the User has the right to withdraw from these General Conditions at any time by deleting their Account.
Art. 13 - Customer care via email and complaints
13.1. For its Services ML Project s.r.l. provides Users with the assistance service through customer care, available to Users from Monday to Friday (excluding Italian national holidays) from 9.00 am to 5.00 pm at the telephone numbers +39 328 662 0674 or via e-mail at the assistance address firstname.lastname@example.org.
ML Project s.r.l. ensures that Users’ requests will be dealt with and their resolution will be resolved as quickly as possible.
If Users have complaints to submit to ML Project s.r.l. they can also contact the above addresses.
The customer care assistance service can only be activated for requests concerning the functioning of the Peoplenpractice Platform and/or other Services directly provided by ML Project s.r.l. on the Sharequalization Platform (eg Share TV, Selfie, etc.). It cannot be activated for assistance in relation to the training courses provided by the Instructors.
Art. 14 - Confidentiality and protection of personal data
14.1 The Parties declare that they have mutually communicated the information referred to in Articles 13 and 14 of the European Regulation 2016/679, regarding the processing of personal data provided for the signing and execution of the contract itself and to be aware of the rights they are entitled to by virtue of art. 15 and following of the aforementioned legislation.
Art. 15 - Communications between the parties
15.1. For the purposes of the communications referred to in these General Conditions, the parties elect their domicile:
a) as regards ML Project s.r.l., at its headquarters in viale montenero 22;20135, Milan;
b) with regard to Users, to the e-mail address given during registration.
15.2. The Parties must promptly communicate any changes to their contact details. In case of failure to communicate the change, all communications that will be made on the basis of the addresses indicated above will be fully effective and valid.
Art. 16 - Applicable law/Jurisdiction
16.1. Any dispute relating to these General Conditions is governed and interpreted in accordance with the Italian law to the extent that a level of protection for the User equivalent to the law of the country of residence is ensured.
For all disputes relating to these General Conditions, the Court of the place of domicile or residence of the User is competent according to the applicable law, or at the choice of the same, the Court of Cagliari.
16.2. Alternatively, the User may choose to access the platform for the extra-judicial resolution of disputes, provided by the European Commission, available on the website http://ec.europa.eu/odr.