GENERAL CONDITIONS OF SUBSCRIPTION TO THE PLATFORM
Stream 752 Wellstar is an online platform that offers training and wellness services.
Through the Stream 752 Wellstar platform, in fact, the user can remotely follow training sessions and videos made by wellness professionals.
The Stream 752 Wellstar Platform is accessible via the website www.stream.752wellstar.com , an application for smartphones and tablets.
The management of the Stream 752 Wellstar platform is reserved to Abracadabra srl with registered office in Brescia via Floriano Ferramola, 3.
Customer Care e-mail address: email@example.com ;
Customer Care telephone number: +39 3286442298 .
These General Conditions regulate all relations between user and manager with reference to the services offered on the platform.
When registering the profile, the user must necessarily, after reading the contents, accept these general conditions as a necessary operation for accessing the platform and the services contained therein.
Platform : means an online container within the site www.stream.752wellstar.com through which training and wellness services in general with audiovisual connection in streaming or videoconference are offered.
User : subject who, after registering on the Platform, uses the services offered by Stream 752 Wellstar.
Application Store : virtual stores from which to operate the download of applications and through which it is possible to make purchases and payments or subscribe.
2. Object of the contract
The subject of the contract between the user and Abracadabra srl, the company that manages the Stream 752 Wellstar platform, is governed by these general conditions and provides for the use, for a fee, of the services offered on the Stream 752 Wellstar platform.
It is understood that the company Abracadbra srl reserves the right to modify the content of these conditions, modifications which will in any case be formally and promptly communicated to the user.
3. Methods of delivery and use of the services on the Stream 752 Wellstar platform
To access the contents of the platform, it is necessary to subscribe to a subscription service that includes access to all the different types of services offered on the platform that are provided through audiovisual streaming or videoconferencing.
The user has the possibility to choose the different types of subscription proposed on the platform from time to time for content, costs and duration.
Under the validity of the subscription to the platform that the user has chosen, the latter will have access to all the contents provided for this type of subscription.
The user will then have the right to access other extra subscription content that will be offered on the platform from time to time.
The methods of providing the services offered on the Stream 752 Wellstar platform are as follows:
- Services included in specific and distinct subscription packages;
- LIVE cd services which from time to time may constitute extra subscription services or re-enter the chosen subscription depending on the promotions in place at the time of subscription by the user.
4. Platform registration terms and conditions.
Registering on the site and creating a user profile, as well as the use of the services offered on the platform, require a minimum age of 18.
The platform is intended exclusively for cd users consumers who use the services for private use, not related to their business and / or commercial activity.
User registration can be done using the form on the website or on the Stream752.wellstar.com platform, or via the App, following the instructions therein.
At the time of registration, the user will be asked to approve these general conditions and to further specifically approve some of the clauses of these conditions pursuant to articles 1341 and 1342 of the Italian Civil Code
Registration is only allowed by entering the user’s real name.
It is forbidden to use invented names or pseudonyms.
The registration and the consequent creation of the profile can also take place through your Facebook or Google profile.
The registration process will be complete once you enter your Facebook or Google profile information and click on the “Confirm” button.
Registration determines the conclusion of a contract for the use of services between Abracadabra srl through the 752 Wellstar platform and the Users governed by these conditions.
5. Subscription to the platform
The Services on the Stream 752 Wellstar platform can only be used by signing up for a subscription to the platform after registering.
The various subscription proposals, in terms of content, duration and costs, are illustrated on the website www.752Wellstar.com , in the app and in the Application Stores.
Abracadabra may from time to time also offer a one-time free trial period of limited duration on its platform.
Once the subscription has been purchased, all the details will be made available within the user’s profile and in any case an email confirming the activation of the subscription will be sent to the user with a description of the services purchased.
The payment of the subscription will be arranged in advance of the activation of the services according to a wizard.
In case of non-payment, the contract cannot be considered concluded and the services will not be activated.
The user will find a summary of the accepted payment methods on the website and on the Stream 752 Wellstar platform.
There may be the possibility that a series of promotions of limited duration are offered on the 752 Wellstar platform, which will be notified via the website, via newsletters or other communication tools.
6. Consumer right to reconsider: exclusion
The services of the Stream 752 Wellstar platform, due to their immediate usability nature, cannot be subject to the consumer’s right to reconsider.
By subscribing to the subscription, Abracadabra srl will immediately make all the contents of the subscription available to the user, thereby fully performing its contractual service.
Therefore, one of the conditions for the exclusion of the right to rethink provided for by Article 59 of the Consumer Code (Legislative Decree 206/2005) applies.
With the activation of the contents by Abracadabra srl, therefore, the user agrees to lose his right to reconsider.
Abracadabra srl is not liable in the event of failure to achieve sporting results or any other type of user expectations of the outcome of the use of the services promoted on the platform.
This is because the actual results of the training and / or the indications contained in the services depend on subjective and personal factors such as physical predisposition, nutrition, etc.
The Services offered on the platform relate to training and wellness activities in general.
In order to use these services, the user must be in good general health and in any case the user is advised to undergo a preventive medical check-up.
Abracadabra srl, as owner of the site and the platform, is not responsible in any way for any consequences on the user’s health that may be directly or indirectly attributable to the use of the services offered.
In fact, the user uses these training and / or wellness services under his sole responsibility, including any equipment used by him.
The services, information and opinions are of a sporting nature and / or general well-being and do not constitute medical advice.
Users, therefore, under their own sole responsibility, will use the services they deem most suitable among those offered by the platform.
Abracadabra is not responsible for the contents of the services promoted and practiced by third parties on the Platform, as well as provides no guarantee in case of non-satisfaction of the user.
Abracadabra srl is not responsible for the contents and / or messages posted in the public chat directly by users.
Abracadabra does not guarantee that the services provided on the platform are always constantly available to the user, as suspension situations may occur due to technical problems, as well as access to the platform may be occasionally limited for the same reasons.
The user cannot hold Abracadabra srl responsible for any errors in the audio, video and / or graphic contents.
In all such cases Abracadabra srl is not liable for any damage or loss that may be suffered by the user.
8. Rights of use on the contents of the platform: intellectual property.
752 Wellstar is a registered trademark of Abracadabra srl.
The contents of the platform are subject to the intellectual property rights of Abracadabra srl and / or third parties with whom Abracadabra srl has signed specific agreements for use.
These rights are protected by laws in force in civil and criminal matters with particular reference to articles 615 ter and ss. of the Criminal Code.
No use other than that provided for in the contract is permitted.
The user will refrain from any use of the contents in competition with the rights of economic use belonging to Abracadabra srl. If the user provides false, inaccurate, outdated or incomplete data, or Abracadabra has reasonable grounds to suspect that such data is false, inaccurate, outdated or incomplete, the latter has the right to immediately suspend or close the account of the user in question without notice and to refuse any current or future use of the services, without the registered user being entitled to a refund of any amount previously paid. In any case, Abracadabra reserves the right to contact the user at any time to verify the registration data. In any case Abracadabra reserves the right to refuse users without providing explanations. In this case, the transmitted data will be deleted immediately. Abracadabra reserves the right to modify options or functionalities present in the Apps on the website or on the platform in general. In most cases Abracadabra makes changes in the Apps, the website or the platform in general to enhance or improve them. Even to the extent that the changes do not have a concrete positive effect on the use of the App by the user, Abracadabra will not refund the amounts already paid.
9. Obligations for the User.
The user, who will be created an exclusive account that he will manage in full autonomy, is not allowed to reproduce or have reproduced on media of any nature in whole or in part the contents of the platform even if modified or communicated with other programs and data. The user is not authorized to modify, translate, adapt, rework or decompile the contents or create derivative applications. The use of these contents, therefore, can be carried out by the user only and exclusively in accordance with these general conditions and within the limits of the subject of the contract. The saving of the contents published on the platform or the distribution or diffusion with any tool or their publication for commercial purposes in any way is not allowed. The user acknowledges that the platform, the contents and any software used to provide the Services are owned by Abracadabra srl or by third parties with whom Abracadabra has signed specific agreements. Any reproduction, modification, processing, redistribution or retransmission of the software will result in the experiment by Abracadabra of both civil and criminal legal actions. The software, its writing, sequence, organization and source code are considered to be covered by a trade secret and are protected by law. Notwithstanding the foregoing, copying or reproduction of the Software on any other server or location for further reproduction or redistribution is prohibited. The user undertakes to use the platform only for private and personal use and therefore not for commercial or industrial purposes or for any other different purpose (in particular, but without limitation, for dangerous or medical activities). It is forbidden to license, sell, rent, transfer, issue the services in any form or use them for other commercial purposes. Due to the limitations of the platform and the software adaptation terminals, it is possible to use the services only within the platform and in the manner defined by Abracadabra.
The following activities (indicated by way of example and not exhaustively) are prohibited and the user must respond to Abracadabra for any damage caused to this:
a) issue or share computer viruses or, in any case, carry out any activity aimed at damaging or modifying the system or platform data;
b) collect information or data of other users without authorization, for example e-mail address and the like;
c) damage, interfere or modify the platform, server and network connections;
d) copy part of the platform or part of its code to other applications, sites or services;
You are responsible for protecting your account from unauthorized access and fraudulent use. In the event that unauthorized access to his account occurs, the user must promptly communicate the circumstance to Abracadabra at the e-mail address of the customer care: firstname.lastname@example.org or at the customer care telephone number: +39 3286442298 , as well as any unauthorized or fraudulent use of your account, or in the event of any suspicion that your personal account may be at risk.
Abracadabra has the right to close or delete the account of any registered user in the event of unauthorized or fraudulent use of the account.
10. Duration, Withdrawal and termination of the subscription contract
The duration of the contract varies according to the commercial choices made by the user.
On the platform, in fact, the user can select the duration of the subscription that he deems best suited to his needs, also in terms of costs and contents.
For each of the subscriptions there is an automatic renewal for the same period, unless canceled, which the user is required to communicate to Abracadabra srl using the appropriate guided procedure within the platform.
In any case, it is understood that the user has the right to delete their user profile at any time, without having to provide a reason.
By deleting the user profile, Abracadabra will delete all the contents, services and results that may have been entered as soon as possible.
This eventuality involves the withdrawal by the user from the contract and the latter will no longer be able to access and use the contents he has already purchased.
In this case, no reimbursement is envisaged, not even on a proportional basis.
Abracadabra srl reserves the right to withdraw from the contract with the user without having to indicate any reasons, after the user has used all the services purchased.
The termination of the contract for non-fulfillment in case of violation of the user’s obligations as indicated in article 9 is reserved to Abracadabra, subject to take action for any damages.
11. Treatment of personal data
12. Online Dispute Resolution
the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, we hereby inform you that a European platform has been set up for the online resolution of consumer disputes (so-called ODR platform).
The ODR platform can be consulted at the following address: https://webgate.ec.europa.eu/odr
Through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
Abracadabra reserves the right not to participate as it is not obliged to carry out this procedure.
13. Prohibition of transfer of the contract
The user may in no way transfer the contract governed by these general conditions to third parties.
14. Applicable law, language and competent court
The law applied is Italian as well as the language of the contract and these general conditions.
The competent court is exclusively that of Brescia.
If even one of the clauses referred to in these conditions is considered null, in whole or in part, it does not affect the validity of the retanti clauses.
Via Floriano Ferramola, 3
Customer care e-mail address: email@example.com
Customer care telephone number: +39 3286442298 ;