Terms and conditions of Use
Terms and Conditions of Use
These Terms and Conditions govern the registration on the Website and constitute a paid, non-exclusive, and non-transferable use licence agreement between LEARNING ENGLISH THROUGH FUN S.r.l. and the User. They concern the services, content, and digital products available on www.elearningactiontheatre.it , of which Learning English Through Fun S.r.l. remains the exclusive owner.
The Provider reserves the right to periodically modify these Terms and Conditions: such changes will be communicated to the Users via the Website with a specific notice for a period of 10 (ten) days from the date of the modification.
Article 1
Definitions
1.1. – For the purpose of allowing a complete understanding and acceptance of these terms and conditions, the following are defined as:
Content or Digital Content: digital multimedia materials for the teaching of the English language for sale.
Service Provider: LEARNING ENGLISH THROUGH FUN S.r.l.
Licence: this contract.
My Library: reserved area of the User containing their licences for contents and products
Products or Digital Products: digital multimedia materials for teaching the English language for sale.
Services: the services subject to the License.
Website: www.elearningactiontheatre.it
Terms and General Conditions: these are the contractual clauses that determine and define the relationships between the Provider and the User.
User: any individual that uses the services, contents, and digital products sold through the Website.
Article 2
Subject of the Contract
2.1. – The purpose of this contract is to provide a licence for the use of the services offered on the website and for the use of the contents and digital products, which will only be available on the site and through the same site.
2.2.– Any rights not specifically transferred by this Licence will remain the exclusive property of LEARNING ENGLISH THROUGH FUN SRL. The Multimedia Product is licensed to the User and not sold, for private use only.
2.3.– This Licence does not confer any right or title to the Multimedia Product and shall not be interpreted as a transfer of intellectual property rights on the Multimedia Product.
2.4.– The Contents and Products covered by this licence are fully usable and functional based on the software and platform updates operating at the time of the licence purchases.
2.5. – This licence does not cover any third-party software that may be necessary for the enjoyment of the services and the use of the Contents and Products covered by this licence.
2.6. – This licence does not cover internet or multimedia connections nor the hardware components necessary for the enjoyment of the services and the use of the Contents and Products.
2.7.– To this end, the User expressly exempts the Provider from any liability in the event that, after purchasing the Licences for the use of the Contents and Products, it becomes necessary to purchase additional services on platforms or software. Additionally, the User exempts the Provider from liability in the event that subsequent updates to the platforms or software render the material obsolete and no longer functional.
Article 3
Description of services
3.1.– The service offered includes:
– The creation of a personal User account protected by a security password that the User can choose and modify at any time;
– a reserved and protected area dedicated to the User called MY LIBRARY;
– a link to access the MY LIBRARY where the User stores the licensed contents and products.
Article 4
Prerequisites
4.1.– In order to be able to use the Services and use the Contents and Products covered by this Licence, the User acknowledges and accepts that they must have:
– at least one multimedia device in the categories of smartphone, tablet, personal computer, or equivalents.
– an internet connection.
4.2.– The User, for this purpose, expressly exempts the Provider from any liability in the event that they do not have such prerequisites and therefore cannot use the Services or the Contents and Products covered by this Licence.
Article 5
Prices
5.1.– The price of the licence for individual digital products is indicated on the Website in euros, including VAT.
5.2.– The Provider reserves the right to change the price of digital products at any time without notice, provided that the price charged to the User will be the one indicated on the website at the time the order is placed, and any subsequent changes (increase or decrease) will not be taken into account after the the order has been placed
Article 6
License Purchase Procedure
6.1. – The User can purchase all the Contents and Products offered for sale on the Site, as described by following the purchase procedures provided on the Site itself; to complete the purchase of the Licences for the use of the Contents and products, the User must fill out the appropriate purchase form in electronic format, which summarises the main conditions, including the price, payment methods, Contents, and Products purchased, a reference to the Terms and Conditions, and the Privacy Policy.
6.2. – The User must place the content in the appropriate “Cart” and, after reviewing the Terms and Conditions and the Privacy Policy, must select the desired payment method and proceed to submit the purchase form.
6.3. – The applicable Terms and Conditions are those in effect at the time of the order.
6.4. – The Contract between the Supplier and the Customer shall be considered concluded with the confirmation of the License purchase by the Supplier; upon purchase confirmation, the User will be able to find all purchased content in the private area of the site (My Library), accessible after registration.
Article 7
Payment Methods
7.1.– Once the order has been placed, the Customer agrees to pay the price of the requested digital products, according to the methods specified on the Site.
7.2.– The available payment methods are:
– PayPal
To ensure maximum security during online payments, PayPal uses the highest security standards for data transfer and information access.
If the Customer chooses to pay via the PayPal platform, their browser will be redirected to a secure server page with SSL encryption where they will enter their username and password.
– Google Pay
The Google Pay payment service is provided through the PayPal platform. Google Pay adheres to strict industry standards, including the Payment Card Industry Data Security Standard (PCI DSS), the General Data Protection Regulation (GDPR) of the EU, and the California Consumer Privacy Act (CCPA). This compliance ensures that Google Pay meets the highest security standards for payment processing and data privacy.
– Apple Pay
The Apple Pay payment service is provided through the PayPal platform. The platform uses advanced technology with comprehensive features for security and privacy, protecting transactions with industry-leading encryption. Apple Pay is also known for using biometric authentication methods such as Touch ID and Face ID.
– Stripe
The Client can pay for their order through the Stripe platform which allows for the making and receiving payments with rechargeable cards or credit cards within the Visa, Mastercard, American Express, Discover, Diners Club, and China UnionPay circuits.
Stripe adheres to PCI DSS, an acronym for ‘Payment Card Industry Data Security Standards’, a set of security norms designed to ensure that all activities that accept, process, store, or transmit credit card data maintain a secure environment. Every time a transaction involving cardholder data is made, businesses adhering to PCI DSS standards ensure that data are protected at every stage. From when a customer enters the card number online, to the storage and processing of this information, the standards protect encryption, secure storage, and access limitations.
Article 8
Rights on the material
8.1 – The User purchases a licence for each ordered digital product: each licence can be used by only one User. This restriction excludes multi-licences or multiple licences, with which a User can grant access to the product to more authorised individuals, each having their own licence or sub-licence derived from the original licence according to the technical specifications of each product.
8.2. – Following the purchase of the License, the User can use the materials made available with the explicit prohibition of copying and reusing them. These prohibitions also extend to all individual parts that make up the material.
8.3. – The client does not acquire any rights over the video and text content provided by the Supplier which will remain the property of the latter.
Article 9
Rights and intellectual property
9.1.– All the contents of the Site are protected and safeguarded by the current regulations on copyright and industrial and intellectual property. For instance, but not exclusively, content of the Site should be understood as: the domain name, its related subdomains, trademarks, all texts, any graphic and/or textual representations in general, photographs, films, multimedia interactive content.
9.2. – The User acknowledges that the set of rights relating to the Contents and Products, as well as their distinctive elements (such as titles, computer codes, themes, characters, character names, plots, stories, dialogues, settings, concepts, images, photographs, animations, videos, music, and texts that are part of the Contents or incorporated into the Products), as well as any right relating to the trademark, copyright, and copyright, are the exclusive property of Learning English Through Fun and subject to Italian law, as well as by other laws, treaties, and international agreements on intellectual property.
9.3. – The User may not reproduce, duplicate, copy and redistribute, retransmit (even on other websites), transfer, or otherwise make available to third parties the Sites and/or Contents and Products of the Site without the prior express and formal approval of the Provider. These can only be used for personal storage and consultation purposes.
Article 10
Withdrawal
10.1– The User can exercise the right of withdrawal within 14 days from the date of purchasing the licence. To exercise this right within 14 days from the date of purchase of the License, it is sufficient to communicate to the Provider the intention to withdraw, in whole or in part, from the purchase of the Licence through any explicit declaration to that effect.
10.2.– The withdrawal must be communicated via email to the address info@elearningactiontheatre.it.
10.3. – Upon receipt of the email containing the customer’s declaration of withdrawal, the Provider will proceed to suspend the account, which will no longer be able to use the Services covered by the License, including access to its reserved My Library area or use the Contents and Products.
10.4. – The Provider commits to refund the amount due within 14 days of receiving the communication through the same payment method chosen by the User; within the same period, the User’s account will be deleted.
10.5. – The Consumer Customer acknowledges and expressly agrees that if they use the content or digital products within 14 days of purchasing the licence, they cannot exercise the aforementioned withdrawal according to Legislative Decree No. 206 of 2005..
10.6. – The professional user does not have the right to withdraw.
Article 11
Exclusion of liability
11.1. – The Provider’s liability is understood to be within the limits of the obligations assumed with these Terms and Conditions and the amount paid at the time of purchase of the License.
11.2. – The User explicitly exempts the Provider from all liability if, after purchasing the License, it becomes necessary to purchase additional services on platforms or software and/or if subsequent updates to the platforms or software render the material obsolete and no longer functional.
11.3. – The User agrees that they will use the website, contents, and materials according to the conditions and services established and offered by the Provider, and not for t illegal purposes or contrary to these Terms and Conditions.
11.4.– The Supplier is not responsible to the Users or subjects directly or indirectly connected to them for delays, malfunctions, or suspensions of the platforms that cause a delay, harm, or interruption of the use of the Services and the possibility of not using the Contents and Products.
11.5.– In general, the Contents and digital Products purchased will continue to be available to the User for download for a period of 5 years from the date of purchase of the License or for streaming through the site without time limitations; Learning English Through Fun s.r.l. will not be liable to the User if the purchased digital contents are no longer available for further downloads or streaming.
Article 12
Tolerance, partial nullity, hardship hardship clause
12.1.– Any tolerance by the Supplier to behaviours that violate these conditions does not constitute a waiver of the rights entitled to that party based on the aforementioned conditions.
12.2.– If one of the conditions is null or ineffective, the possible nullity or ineffectiveness will not extend to the remaining contractual clauses.
Article 13
Dispute resolution for Users
who qualify as Consumers
13.1.– Pursuant to art. 49 para 1 letter V of Legislative Decree no. 206/2005 (Consumer Code), the User Consumer can use the Joint Conciliation procedure (ADR).
13.2.– Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer can submit a complaint through the European Union’s ODR platform via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT; for more information, contact the Supplier.
Article 14
Applicable law and competent court
14.1.– These Terms and Conditions are entirely governed by Italian law.
14.2. – Any dispute arising in connection with the validity, interpretation, execution, and termination of the contracts concluded online:
– for the Consumer User with the Provider, jurisdiction will be exclusively held by the court of the judge in the place of residence of the Consumer (commonly referred to as the consumer court)
– for the Professional User with the Provider, jurisdiction will be exclusively held by the court of Turin (Italy).
14.3.– The online sale of digital products on the Site is governed by the rules of the Consumer Code, Legislative Decree no. 206/2005, and the Electronic Commerce Code, Legislative Decree no. 70/2003.
Article 15
Processing of personal data
15.1.– The Personal Data provided or acquired will be processed on the principles of fairness, lawfulness, transparency, and protection of confidentiality in accordance with current regulations. The Provider, as the Data Controller, processes the Personal Data of Users by adopting appropriate security measures to prevent unauthorised access, disclosure, modification, or destruction of the Personal Data.
15.2.– The collection and Processing are carried out using IT and/or telematic tools, with organisational methods and logics closely related to the purposes indicated.
15.3. – User Data is collected for the execution of pre-contractual activities; to fulfil the obligations arising from the stipulated contract; for the registration procedure aimed at purchasing the Licences to use digital products; to follow up on specific requests made to the Owner by the User; for sending information and promotional and commercial offers also through the newsletter service based on the freely expressed consent of the User; for soft spam purposes for promotional communications regarding the purchased digital products without the need for the expressed and prior consent of the User, as provided by art. 130, paragraph 4, Privacy Code as amended by Legislative Decree no.101 of 2018. Therefore, the Customer is invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies (Cookie Policy) with the related consent to the processing where required.
Article 16
Communications
16.1. – For any further information, it is possible to contact the Supplier via e-mail at the following address: info@elearningactiontheatre.it
Pursuant to articles 1341 and 1342 of the Italian Civil Code, the User declares to have read carefully and expressly accepts all the clauses of these Terms and Conditions of Sale and in particular those of articles 3, 8, 9, 10, 11, and 12.
