Terms and conditions

Access and use of the website www.fullyfit.it ("Site") and the "Wix-Fully Fit" application for mobile devices (the "App") presuppose reading and knowledge of the terms and conditions of set out below, which, together with any other page or document referred to therein, constitute the terms and conditions (together, the "Conditions") under which Fabrizio Masala ("Owner") allows the use of the Site and the App.

These Conditions, within the limits of use of the related services, apply to any user who uses the Site and the App ("User" in the singular and "Users" in the plural) and do not modify, but supplement, any other conditions or legal terms in force between the Users and the Owner. The User can access the Site and the App for free.

The use of the Site and the installation and use of the App imply the full acceptance of the Conditions by the Users. Therefore, Users are invited not to use the Site and / or download the App and not to use the related services, if they do not intend to accept the Conditions.

The App can be downloaded through the available Stores (eg Apple Store and Android) to be installed and used on mobile devices such as smartphones and tablets.

•••

1. Information relating to Fabrizio Masala

Fabrizio Masala, born on 27.01.1979 and resident in Rome (RM), Via Mario Magri n. 6, CF MSLFRZ79A27H501O, developer and manager of the www.fullyfit.it portal, marked with the “Fully Fit” trademark, is the owner or otherwise legitimate licensee of the Site and the App.

2. Services of the App

By using the App, the User can take advantage of personalized services through the use of the sections identified within the App itself ("App Services").

Specifically, by having access to the sections, the User can use various features, including by way of example:

• view the timetables and the details of the lessons held on the Site to which the User has access, manage their bookings and create their own calendar. In this regard, the User can activate various filters eg. “Type of course”, “instructor”, “study”, “day of the week” etc .;

• receive Fully Fit news in the dedicated section of the App;

• access the e-commerce section to purchase subscriptions.

3. Site Services

The User can access the Site and its various sections to obtain information on fitness courses and "junior" courses.

As regards the section dedicated to subscriptions, only after registering and creating an Account can the User make the purchase, in the e-commerce section, of products and services ("Site Services").

4. Access and Use of the Site and the App

The User can access the Site and use the related services both as a registered User and an unregistered User, except for those services for which registration is required.

The User can register on the Site and create his own account by accessing the "Register" section and filling in the relevant registration fields with the required data and choosing his own password ("Account").

With regard to the use of the App Services, the User can use them only after registering and creating his own Account.

The User can register on the App by clicking the "Create Account" button and create his Account by choosing his own username and a confidential password, and providing the requested data.

The User, for the creation of his Account both through the Site and through the App, undertakes to provide accurate, real and complete information and to keep, if necessary, the data provided updated, being solely responsible for the truthfulness and accuracy of the same, as well as for any damage caused by failure to comply with this commitment.

The User is responsible for ensuring the confidentiality of his access data and the control of all activities carried out through the use of the Site and the App, unless he communicates to the Owner, providing evidence, that his Account is and / or has been used by third parties without your consent. In this case, the User undertakes to immediately inform the Owner in writing, to the contacts indicated in the "Reporting violations" section of these Conditions, in the event that he suspects or becomes aware of an improper use or undue disclosure of the data of access to your Account.

The Owner will not be liable to the User and / or to his successors in title and to third parties for direct, indirect or consequential damages, including losses and costs incurred as a result of suspensions or interruptions of the Services relating to the Site and the App. In any case, the User undertakes to indemnify and hold harmless the Owner from any claim and claim for any reason also advanced by third parties in relation to the use of the Site and the App.

The Owner may cancel or suspend the User's Account and terminate his access to the Site as a registered User and to the App, as well as take any other action that he deems appropriate and appropriate from time to time, at any time and without notice where:

(i) reasonably believes that the User is using the App and the Site in violation of these Terms;

(ii) reasonably believes that a third party is using the User's Account without their consent;

(iii) considers it reasonably necessary to cancel or suspend the User's Account and / or terminate his access to the Site and the App for security or maintenance purposes;

(iv) the Account relating to the Site and the App has not been used for a consecutive period of 2 (two) years.

The User may at any time request the cancellation of his account through the website www.fullyfit.it , by entering his e-mail address with which he registered on the Website and the App, in such cases having to exclude any responsibility of the Owner. towards Users and third parties.

After the request, the User will receive an e-mail "Account Cancellation Confirmation" through which he can confirm the closure of his account by clicking on "Confirm cancellation".

The use of the Site and the App is free and is permitted exclusively for personal and non-commercial purposes by the User.

The App cannot be used by minors under 18 years of age.

To the extent permitted by applicable law, the Owner makes no warranties, explicit or implicit, in relation to the Site and the App that they are offered "as is" and "as available".

5. Changes to the Site and the App and changes to the Conditions

With a view to improving the experience relating to the use of the Site and the App and the Site Services and App Services offered, the functions of the Site and the App may vary from time to time, without the Owner being able to notify the User in advance of the occurrence of the changes.

In this context, and in any case whenever the need arises to adapt to current regulatory provisions, the content of these Conditions may also be subject to changes, in whole or in part, and, therefore, the User is invited to access with regularity to this section of the Site and the App to check the most updated version of the Conditions from time to time. The subsequent use of the Site and the App and the Site Services and App Services by the User following the changes made by the Owner is understood as acceptance of the changes to the Conditions and / or the Site Services and App Services.

6. Intellectual Property Rights and License Terms

The Owner is the owner or, in any case, legitimate licensee of any copyright and related rights and / or any other intellectual or industrial property rights in any case connected to the Site and the App and the Site Services and App Services, including, but not limited to , the structure and organization of the software and any other rights on the Site and the App, any update, modification or integration of the Site and the App, any work and / or audio-video document generally contained in the Site and in the App, as well as all information and / or content relating to the Site and the App (collectively, the "Material"), as well as any trademark, logo, domain name or other distinctive sign, registered or unregistered, referring to the Site and / or in any case attributable to the same (the "Trademarks").

Both the Material and the Trademarks are protected by copyright laws, by the rules of Legislative Decree 30/2005, as well as the applicable international treaties and, therefore, any exploitation of the same that is not expressly authorized by these Conditions and / or by the applicable laws or regulations is expressly prohibited.

In particular, but not limited to, the User must be considered prohibited, unless expressly permitted in these Conditions or otherwise permitted by applicable laws:

• reproduce in any form, in whole or in part, direct or indirect, temporary or permanent, the Material and / or the Trademarks;

• perform any reverse-engineering and decompilation of the App, try to access the relative source code in order to create derivative products or for other purposes;

• sell, transfer, sub-license, transfer or distribute the Site and the App;

• use the Site and the App and the Site Services and App Services for any illegal, obscene, abusive, offensive, harassing or improper purpose or to sell or offer goods or services to third parties;

• alter or make changes of any kind to all or part of the Material and / or the Trademarks, or attempt to interfere with the Site and the App and their functioning.

Any use of the Material, the Trademarks and / or in any case the Site and the App in violation of these Conditions determines the suspension of the Account with the consequent cessation of access and use of the Site and the App by the registered User, and the latter may be required, at the sole discretion of the Owner, to return or destroy any material illegally used and / or reproduced.

The Owner, in accordance with the Conditions, grants the User the non-exclusive, personal and non-transferable, non-sub-licensable, free right to use the Site as a registered User and to use and install the App in order to access the Site Services and App Services.

7. Contents of the Site and the App and absence of liability

The Owner assumes no responsibility for the contents and information of the Site and the App entered by third parties or by the User as well as for the use of the Site Services and App Services by the User.

The Owner cannot therefore be held responsible for any damage or loss related or connected to the use of the Site and the App or in any case deriving from information provided by Users through the Site and the App or their Services.

The use of the Services is entirely at the User's risk.

Within the limits provided for by applicable law, the Owner will not be liable for any direct, indirect or consequential damages (including damages from loss of earnings, business interruption, loss of business information, or any other pecuniary damage) or loss resulting from the use (or incorrect use) of the Site and the App and the Site Services and App Services. The liability of the Owner for any loss and / or damage suffered due to the contents of the Site and the App or the Site Services and App Services is will limit the deletion from them of the content or material that caused them within a reasonable time. The Owner will not be liable under any circumstances for damages and prejudices of any nature caused by the lack of continuity, availability, reliability, usability of the Site and of the App and of the Site Services and App Services and, in particular, by way of example but not limited to, for access errors to them. The Owner will not be liable for losses or any other circumstances deriving from the theft, theft or use of any User identification data (username and password) relating to the Site Services and App Services, attributable to the User.

If the applicable law does not allow exclusions or limitations of guarantees and responsibilities towards the User, the above limitations will apply to the extent permitted by such laws.

8. Information on the use of the User's personal data

Personal data are processed and managed by the Owner in accordance with the relative Privacy Policy. To consult it, click here .

9. User-owned material - Non-confidential information

Where permitted by the Site and the App, for a better use of the Site Services and App Services, the User has the possibility to upload and share information and content with other Users, as long as they are lawful, not contrary to law or morality or which, in any case, may be deemed to be harmful to the privacy or rights of third parties in general ("Shared Material"). You may not post any Shared Material that is illegal, obscene, defamatory, libelous, or otherwise violates applicable laws or that may generally be considered offensive.

The User declares to use the Shared Material at his own risk, without prejudice to his sole responsibility for the use of the same (in relation to which the User declares and guarantees to have full legal availability) and the Owner does not may be held responsible in any way for the content of the Shared Material, not being required to verify such content.

In any case, the User assumes all responsibility and burden regarding the content of the Shared Material conveyed to other Users through the Site and the App and undertakes to indemnify the Owner from any claim or action of third parties, as a result of the disclosure of the Material. Shared.

The Shared Material, as well as any additional information uploaded and / or otherwise shared by the User, or in any other way connected to the use of the Site and other features of the App (with the exception of personal data that will be processed in accordance with the specified above), will be deemed "non-confidential" and "non-proprietary".

The Owner reserves the right to refuse to publish or delete any Shared Material that presents:

• offensive, harmful and / or abusive language;

• references to illegal and / or illegal activities;

• content that the Owner considers to be illegal, or in violation of any Community, national or international law or regulation, or of any other natural or legal person;

• content that is encrypted or that contains viruses, Trojans, worms, time bombs, robots or other computer routines, intended to damage, interfere with, intercept or steal any system, data or personal information.

In such cases, the Owner reserves the right to terminate access to the Site by the Registered User and the App, the Site Services and App Services and the Account without prior notice, and to delete the Shared Material.

10. Viruses, electronic piracy and other prohibited activities

The User undertakes and expressly agrees not to transmit any type of information on the Site and in the App that could cause damage to the Owner, to its customers, to other Users and / or to third parties in general.

There is the possibility that cybercriminals enter the Site and the App, modifying the content and integrating material harmful to them (for example, viruses, worms, corrupt files). In such cases the Owner will not be in any way responsible for damages, losses or modifications generated by them to the User or to third parties.

11. Link to the Site and the App

The User can create a link to the Site and to the App only with the written authorization of the Owner, only on condition that this does not infringe any intellectual property right or any other right of the Owner and / or third parties or that, in any case, does not violate laws, regulations, public order or morality, without however being able to generate in the public the erroneous belief about the existence of some relationship of collaboration or dependence or other between the User and the Owner.

It is understood that the activation of the link cannot be implemented by a site that is not administered by the User (or in relation to which the User does not exercise any ownership).

In any case, the Owner reserves the right to oppose the activation of links to the Site and the App, as well as to revoke the User's right to create the link to the Site and the App at any time and without notice, as well as the right to take any other type of measure necessary (or in any case appropriate based on the concrete circumstances), where even only part of this provision is violated.

In this regard, the User undertakes to keep the Owner fully harmless from any damage possibly suffered as a result of the violation of this provision.

12. Applicable law and dispute resolution

These Conditions are governed by Italian law. Without prejudice to the competence of the natural court of the consumer, if the User can be qualified as such according to the applicable legislation, and without prejudice to any other mandatory legal limits, for any dispute connected to these Conditions the Court of Rome will be exclusively competent.