Terms and conditions
These Terms govern the use of this Web Site and any other Agreement or legal relationship with the Owner in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for this Web Site is:
Skyup Academy srls
Headquarters: at Infinite Area, Via S. Gaetano 113/a, 31044 Montebelluna (TV) Italy
Registered office: Via Borgo Ruga 1A, 32032 Feltre (BL) Italy
Owner’s email address: info@skyupacademy.it
Need to know at a glance
Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
TERMS OF USE
Unless otherwise specified, the conditions of use of this Web Site set forth in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated herein.
By using this Web Site you represent that you meet the following requirements:
- There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users.
Content on this Web Site
Unless otherwise stated or clearly recognizable, all content available on this Web Site is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Web Site does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address relevant complaints to the contact details specified in this document.
Rights to the contents of this Web Site
The Owner owns and expressly reserves all intellectual property rights to the above content.
Users are not authorized to use the content in any way that is not necessary for or implied by the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly stated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal, non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner.
The limitations and exclusions provided by copyright law remain unaffected.
Access to External Resources
Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in their terms and conditions or, in their absence, by law.
Permitted Use
This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.
It is your sole responsibility to ensure that your use of this Web Site and/or the Service does not violate any law, regulation or the rights of any third party.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Web Site or the Service, terminate contracts, report any censorious activity carried out through this Web Site or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User puts in place or is suspected of putting in place:
- violations of laws, regulations and/or the Terms;
- injury to the rights of third parties;
- acts that may considerably prejudice the legitimate interests of the Controller;
- offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on this Web Site as part of the service are chargeable.
The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.
Product Description
Prices, descriptions, and availability of Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the greatest possible technical accuracy, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase Procedure
Each phase, from the choice of the product to the sending of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are asked to choose the desired Product and to verify their purchase choice.
- After checking the information visible in the purchase choice, Users can place the order by sending it.
Sending the Order
Sending the order involves the following:
The User’s sending of the order determines the conclusion of the contract and gives rise to the User’s obligation to pay the price, taxes and any further charges and expenses, as specified on the order page.
In the event that the purchased Product requires active involvement from the User, such as the provision of information or personal data, specifications or special requests, the sending of the order also constitutes the User’s obligation to cooperate accordingly.
Once the order has been sent, Users will be sent an order confirmation.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Pricing
During the purchase process and prior to placing the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.
Prices on this Web Site:
depending on the section the User is browsing include all applicable commissions, taxes and costs or are quoted net of applicable commissions, taxes and costs.
Promotions and Discounts
The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a specific period of time or until stocks run out. Unless otherwise specified, the time limits for promotions and discounts are understood to refer to the time zone of the Owner’s registered office, as indicated in the contact details in this document.
Vouchers
Promotions and discounts may be offered in the form of Vouchers.
In case of breach of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Any additional or divergent provisions applicable to the use of Vouchers set out in the relevant information page or on the Voucher itself shall prevail in any case, notwithstanding the following provisions.
Unless otherwise specified, the following rules apply to the use of Vouchers:
Each Voucher is valid only if used in the manner and within the period of time specified on the website and/or on the Voucher; The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted; Unless otherwise specified, single-use Vouchers can only be redeemed once per purchase and therefore can only be redeemed once even in the case of installment purchases; Vouchers cannot be combined; The Voucher must be used within the specified validity period. Once the deadline has expired, the Voucher will be automatically canceled. Any possibility of claiming rights, including a refund of the value of the Voucher, is excluded; The User is not entitled to any credit/refund/compensation in the event that there is a difference between the value of the Voucher and the value redeemed; The Voucher is intended for non-commercial use only. The reproduction, counterfeiting and commercialization of the Voucher are strictly prohibited, as well as any illegal activity connected to the purchase and/or use of the Voucher.
Means of payment
Details of accepted means of payment are highlighted during the purchase process.
Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this Web Site.
All payments are handled independently by third-party services. Therefore, this Web Site does not collect payment-related data-such as credit card numbers-but receives a notification once the payment is successful.
In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
Reservation of Rights of Use
Until the Holder receives payment of the full purchase price, the User does not acquire the rights of use of the Products ordered.
Delivery
Provision of Services.
The service purchased will be performed or made available at the times indicated on this Web Site or in the manner communicated prior to placing the order.
User Rights
Right of Withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section.
No Right of Withdrawal on this Website.
Users acknowledge and agree that there is no right of withdrawal from contracts concluded on this Website due to the special characteristics of the offer.
Limitation of Liability and Indemnity
European Users
Indemnity
The User undertakes to indemnify and hold harmless the Owner and its officers, affiliates, officials, agents, brand co-owners, partners and employees from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with culpable behavior such as the use of or connection to the service, the violation of these Terms, the violation of third party rights or laws by the User, its affiliates, officials, agents, brand co-owners, partners and employees, to the extent permitted by law.
Limitation of Liability for User Activities on this Website
Unless otherwise specified and without prejudice to the applicable legal provisions on product liability, any claim for damages against the Owner (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner’s liability for death, personal injury or physical or mental harm, damages arising from the breach of essential contractual obligations, such as the obligations strictly necessary for the achievement of the cause of the contract, and/or damages caused by intent or gross negligence, provided that the User’s use of this Website has been proper and correct.
Unless the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner shall only be liable to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion.
Australian Users
Limitation of Liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and which constitutes a right that cannot be excluded, limited or modified in any way (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to a new supply of the services or to payment of the cost of repeating their supply.
US Users
Disclaimer of Warranties
The Owner provides this Website “as is” and as available. The use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly excludes all conditions, covenants, and warranties of any kind – whether express, implied, statutory, or otherwise – including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.
Notwithstanding the foregoing, the Owner and its officers, affiliates, officials, agents, brand co-owners, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available, uninterrupted, and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and the User is solely responsible for any damage to the User’s computer system or mobile device or for any loss of data that results from such download or from the User’s use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked by hyperlink. Moreover, the Owner does not participate in or in any way monitor any transactions between Users and third-party providers of products or services.
The Service may become inaccessible or not function properly with the User’s browser, device, and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation, or use of the Service.
Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement grants Users specific legal rights. Users may enjoy additional rights that vary from state to state. The limitations and exclusions set forth in this Agreement shall apply to the fullest extent permitted by law.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Owner and its officers, affiliates, officials, agents, brand co-owners, partners, suppliers, and employees be liable for:
- any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or related to the use, inability to use, the Service; and any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or the User’s account or the information contained therein;
- any error, omission, or inaccuracy in the content;
- personal injury or property damage, of any nature whatsoever, arising out of or related to the User’s access to or use of the Service;
- any unauthorized access to the Owner’s security servers and/or any personal information stored therein;
- any interruption or termination of transmissions to or from the Service;
- any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;
- any error or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner and its officers, affiliates, officials, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or expense for an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or for the period of duration of this Agreement between the Owner and the User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.
Indemnity
The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising out of the User’s use of or access to the Service, including any data or content transmitted or received by the User;
User’s breach of these Terms, including, without limitation, any breach by User of any representation or warranty set forth in these Terms;User’s violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
User’s violation of any applicable law, rule or regulation any content posted from User’s account, including but not limited to misleading, false or inaccurate information and including even if accessed by a third party with User’s personal username and password or other security measures, if any;
User’s willful misconduct; or the violation of any legal provision by User or User’s affiliates, officers, agents, brand co-owners, partners, suppliers and employees, to the extent permitted by applicable law.
Common Provisions
No Waiver
The failure by the Owner to exercise any right or remedy under these Terms does not constitute a waiver of such right or remedy. No waiver may be considered definitive in relation to a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or any other changes, giving due notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In case of termination of the Service, the Owner will make every effort to allow Users to extract their Personal Data and information in accordance with the law.
In addition, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g., strikes, infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reseller program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Website.
Intellectual Property
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, trademarks, patents, and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under the applicable laws and international treaties on intellectual property.
All trademarks – whether denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image, or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under the applicable laws and international treaties on intellectual property.
Modifications to the Terms
The Owner reserves the right to modify the Terms at any time. In such case, the Owner will give due notice of the changes to the Users.
The changes will have effects on the relationship with the User only for the future.
Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in the right of either party to terminate the Agreement.
The previous applicable version continues to govern the relationship until the User’s acceptance. This version may be requested from the Owner.
If required by applicable law, the Owner will specify the date by which changes to the Terms will take effect.
Assignment of the Contract
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all of the rights and obligations under these Terms, having regard for the legitimate interests of the Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Severability Clause
If any provision of these Terms should be or become null or void under applicable law, the nullity or voidness of such provision shall not affect the effectiveness of the remaining provisions, which shall remain valid and effective.
European Users
If any provision of these Terms is or becomes null, void, or ineffective under applicable law, the parties shall endeavor to find an amicable replacement provision that is valid and effective.
If no agreement is reached within the aforementioned terms, if permitted or required by applicable law, the null, void, or ineffective provision shall be replaced by the applicable legal provisions.
Without prejudice to the foregoing, the nullity, invalidity, or inefficacy of a specific provision of these Terms shall not invalidate the entire Agreement, unless the null, invalid, or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would place an excessive and unacceptable burden on one of the parties.
US Users
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective, and consistent with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter governed and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter governed.
These Terms shall be enforced to the fullest extent permitted by law.
Governing Law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of law rules.
Exception for European Consumers
However, notwithstanding the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides a higher level of consumer protection, such higher level of protection shall prevail.
Jurisdiction
Exclusive jurisdiction over any dispute arising from or in connection with the Terms shall be vested in the court of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.
Definitions and Legal References
This Website (or this Application)
The structure that allows the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Business User
Any User who does not meet the definition of Consumer.
Coupon
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or with its registered office in the European Union, regardless of nationality.
Standard Withdrawal Form
A form provided to Consumers by the Owner to exercise their right of withdrawal from a purchase contract.
To:
Skyup Academy srls – Operating headquarters: at Infinite Area, Via S. Gaetano, 113/a – 31044 Montebelluna (TV) Italy | Registered office: Via Borgo Ruga 1A, 32032 Feltre (BL) Italy
info@skyupacademy.it
Subject: Notice of Withdrawal from Purchase Contract
I/we hereby notify you of my/our withdrawal from my/our purchase contract for the following goods/services:
_____________________________________________ (Insert here a description of the goods/services from which you wish to withdraw)
Ordered on: _____________________________________________ (Insert date)
Received on: _____________________________________________ (Insert date)
Consumer(s) name(s):_____________________________________________
Consumer(s) address:_____________________________________________
Date: _____________________________________________
(Sign only if this form is notified in paper form)
Owner (or We)
Refers to the natural or legal person who provides this Website and/or offers the Service to Users.
Product
A good or service that can be purchased through this Website, such as a physical good, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
Service
The service offered through this Website as described in the Terms and on this Website.
Terms
All the conditions applicable to the use of this Website and/or the provision of the Service as described in this document and in any other document or agreement related to it, in the most updated version respectively.
User (or You)
Means any natural person who uses this Website.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity.