LIVEHELP

GENERAL TERMS AND CONDITIONS FOR REGISTRATION AND USE OF THE EVENTS PLATFORM

1. Definitions

The following terms, when used with a capital letter below, shall have the following meanings, it being understood that terms in the singular include the plural and vice versa:

"Private Area": ”: space visible only to the User, where he/she can manage the registration on the Platform and the ways in which this is used, as explained in more detail in Art. 6.6;

"Biesse": ”: Biesse S.p.A., VAT Number 00113220412, with registered office in Via della Meccanica, 16, 61122, Pesaro (PU), Italy, certified email biessespa@legalmail.it, which provides the Platform to users;

"Credentials": the unique username and password required to access the Platform;

"Digital Arena": the website www.digitalarena.biessegroup.com which allows any user to see the list of webinars available, accessing detailed information on each of these and, in certain cases, to view the relevant trailer; following registration, these webinars can also be viewed here;

"Event": specialist events organised by Biesse focused on the wood, advanced materials, glass or stone industry, in which users can participate physically and/or remotely (in digital mode); the Events that can be accessed digitally are composed of individual Webinars;

"Privacy Policy": d”: a document that contains the information that Biesse is required to provide in its capacity as the data controller of the Users' data, pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 (“GDPR”);

"Platform": the website www.live.biesse.com that enables any user to consult the list of available Events, accessing detailed information on each of these, and, after registration, allowing them to take part in them;

"User": the user of the Platform;

"Registered user": the User registered on the Platform;

"Webinar": information and/or training sessions available online through the Platform or Digital Arena.

2. Subject

2.1 These general terms and conditions govern the rights and obligations of Biesse and the User with regard to the Platform, and in particular, the methods for registering on the aforementioned and for using its functionalities.

2.2 These general terms and conditions are binding for Users navigating the Platform, even when not registered.

3. Duration and withdrawal

3.1. The term of the contract is indefinite, without prejudice to the right of the Registered User to withdraw from the contract and delete their account, using the appropriate function in their Private Area or requesting deletion by emailing the point of contact specified in Art. 10.

3.2. The User acknowledges that Biesse may also withdraw from the contract at any time, including by shutting down the Platform, providing at least 30 (thirty) days' notice of the company's intention to do so.

4. Conditions for accessing and registering on the Platform

4.1. In order to sign up for individual Events, the User must first register on the Platform or, if already registered, access this by filling in the credentials field for authentication.

4.2. To register for the Platform, the User must:

  • read the Privacy Policy and enter the requested information;
  • expressly accept these general terms and conditions and - separately and specifically - the relevant unfair clauses, by ticking the appropriate boxes;
  • click on the link provided in the confirmation email and enter the password (which, together with the user's email address, constitute his/her credentials).

4.3. During the registration process, the User may give his/ her consent to the processing of personal data for generic and profiled marketing purposes (as explained in more detail in the Privacy Policy) by ticking the appropriate boxes.

4.4. Users already registered on the Digital Arena must complete the following steps in order to access the Platform:

  • read the Privacy Policy;
  • expressly accept these general terms and conditions and - separately and specifically - the relevant unfair clauses, by ticking the appropriate boxes;
  • click on the link provided in the confirmation email and change the password used to access the Digital Arena (which, together with the user's email address, constitute his/her credentials).

The user credentials can now be used to access both platforms and use their services.

4.5. The Registered User may also use their credentials to log in to the Digital Arena and view the relevant Webinars, provided that they accept the relevant general terms and conditions and - separately and specifically - the relevant unfair clauses, by ticking the appropriate boxes.

5. Use of credentials by Registered Users

5.1. During registration, Users are required to choose a password that is not easy to identify and to verify that it cannot be recovered through secret questions/ answers that may be known to third parties. This password should also be changed periodically (preferably every 3 months). Registered Users acknowledge that Biesse reserves the right to request a change of password if it deems such an operation necessary.

5.2. Credentials are personal and may not be transferred. Registered Users are required to take the utmost care to keep this information safe and ensure it remains confidential, in order to prevent use by unauthorised third parties.

5.3. Registered Users will be liable for any use of the above credentials - including by third parties - as well as for any damage incurred by Biesse and/or third parties as a result of failure to comply with the above, and undertake to indemnify and hold Biesse harmless from any and all claims, including compensation for damages, directly or indirectly deriving from the above-mentioned use or abuse.

5.4. If the credentials are lost, they may be recovered by following the procedures indicated in the aforementioned authentication field.

6. Platform functionalities

6.1 In order to be able to participate in an event, the Registered User must authenticate him/herself and request accreditation from Biesse by completing the appropriate form; the latter may grant or refuse accreditation at its own discretion (among other things, because Events have a limited number of attendees, and as such, accreditation requests may also be handled on a "First Come Best Served" basis).

6.2 The Registered User may also gain accreditation for one or more Events, provided these are not due to take place simultaneously; in addition, where an Event can be attended both physically and digitally, the User may gain accreditation only for the physical Event, only for the digital Event, or both.

6.3 The Registered User can view the scheduled webinars in chronological order and use the filters to search for these by category, language and keyword; they can also access any Webinars that are underway by pressing the "play" button and watch these live, as well as watching previous Webinars again using the "replay" function.

6.4 During some Webinars, subject to Biesse's authorisation, the Registered User will be permitted to interact with other participants and speakers via the chat function, and book a live audio and video presentation.

6.5 With regard to physical Events, a service designed to help Users to find hotels and/or cars may also be provided.

6.6 In the Private Area, Registered Users may :

- update their profile;

- view the list of Events for which they are accredited (with regard to digital Events, as mentioned in Art. 6.3, Users will be able to watch the "replays" of webinars);

- cancel accreditations;

- add a Webinar to their email calendar. In such cases, the User will receive two reminders to that email inbox (with a calendar notification), one 15 minutes before and another 1 minute before the start of the Webinar in question.

6.7 In all sections of the Platform, there is a helpdesk service that enables the User to ask for support in real time (provided in Italian and English).

7. Availability of the platform and its functionalities and limitations of Biesse's liability

7.1. The Registered User acknowledges and accepts that the use of the Platform and therefore the enjoyment of events and webinars may be suspended or interrupted, in whole or in part, for reasons beyond Biesse’s control - such as, by way of example and without limitation, slowing down, congestion and/or overload of the system, the internet access network, telephone lines and/or computers that manage telematic traffic; tampering or illicit interventions by third parties on the Platform, malfunction/configuration of the connection devices used by the Registered User or tampering or interventions on such devices, carried out by the latter or by third parties; incorrect use of the Platform by the Registered User.

7.2. The Registered User acknowledges that the functionalities of the Platform may be suspended (including without notice, where necessary) in order to enable certain operations to take place. These include corrective maintenance - designed to fix faults, defects, malfunctions (bugs) in the Platform - and evolutionary maintenance - designed to improve operation and usability, add new functionalities, and to adapt these to regulatory developments and to the context of reference (updates). In addition, the Platform may also be suspended in the event of emergencies or threats relating to security, and it remains understood that Biesse will in any case take care to restore all functions as quickly as possible, in order to minimise any inconvenience to the Registered Users.

7.3. The Registered User acknowledges and accepts that Biesse cannot be held responsible - with the sole exclusion of cases attributable to wilful misconduct or gross negligence - for any damages, either direct or indirect, that the Registered User may incur as a result of or in relation to the use or non-use of the Platform; this also regards the cases referred to in the paragraphs above. Furthermore, the Platform and the Events are provided by Biesse and are deemed accepted by the Registered User in the state in which they are found (as "as is" and "as available"); Biesse does not offer any guarantees with regard to results that are expected, hoped for or obtained through the use of the Platform and through participation in the Events.

8. User rights and obligations

8.1 Via the Platform, Biesse provides Registered Users with the opportunity to participate in Events and to view the materials and content provided during these Events.

8.2 The Registered User undertakes to use the Events in accordance with the provisions set out under these terms and conditions, and in full respect of all the rights - including the rights of copyright and intellectual and industrial property rights more generally - of third parties (such as speakers), and in accordance with all applicable laws and regulations.

8.3 Users are expressly forbidden to:

  • make recordings during Events and/or Webinars or disseminate the material and content shared therein, or edit or reuse this content (e.g. in order to sell it);
  • attempt in any way to discover the source code of the Platform, or to decode, decompile, or disassemble it, or carry out any reverse engineering operations;
  • engage in conduct that could compromise the security of third party systems and/or equipment, damage the Platform’s functionalities, interrupt its operation, interfere with its use by other Users or allow unauthorised access;
  • disseminate on the Platform (e.g. as a message in the chat) any content that is of an offensive, insulting, defamatory, slanderous, discriminatory, vulgar, obscene or blasphemous nature, and which fails to comply with the principles of public order and morality or decency in general, or which could cause any damage or harm to third parties or could disturb public or private peace, or more generally cause offence or damage - whether direct or indirect - to anyone. This also includes any content designed to encourage third parties to engage in unlawful and/or criminal conduct, which is subject to criminal or civil liability;
  • use the chat function in ways that are not permitted, e.g. by sending messages of a promotional nature or otherwise sharing content that is not consistent with the subject of the Webinar in which the User is taking part;
  • violate the right to protection of personal data of Users or third parties, e.g. by disclosing this information in chats, or by entering personal data in Platform forms when not qualified to do so;
  • carry out any form of data mining activity (e.g. scraping) or use any similar methods of automatic data extraction to take content from the Platform, without the prior written authorisation of Biesse, and without prejudice to the automatic function of the "spiders" or web crawlers employed by general search engines (such as Google). Even without the use of automatic data extraction techniques, the User is forbidden to create and publish their own database that reproduces the content of the Platform without prior written authorisation from Biesse.

8.4 The User undertakes to promptly notify Biesse if he/she becomes aware of unauthorised access to the Platform and/or notices faults in its systems.

9. User guarantees and responsibilities

9.1 The Registered User declares and guarantees:

  • that they are an adult;
  • where providing the personal data of third parties (e.g. the email address of other company contact persons), that they are entitled to do so;
  • that the data provided is both truthful and correct, and that they will ensure these data are kept up to date.

9.2 The User acknowledges that (i) the Platform is the property of Biesse or its respective owners, contains confidential information and is protected by the relevant laws and (ii) that all intellectual and industrial property rights regarding the Platform and its content, logos, trademarks and any other distinctive feature of Biesse are owned by Biesse or its respective owners.

9.3 In the event where the provisions set out in the previous articles. 5.2,8.2 ,8.3 and 9.1 are violated, the User remains solely responsible for this, and expressly indemnifies Biesse with regard to any claims made by third parties resulting from the above-mentioned violation. It is understood that in such cases - or where there is good reason to believe that the credentials are being used by third parties - Biesse may take any action it deems necessary or appropriate to protect its own interests, at its own discretion and without prior notice. This may include the suspension and/or closure of the Registered User's account, without prejudice to any remedy provided for by law, including the right to terminate this contract in accordance with Art. 1456 of the Italian Civil Code, and to claim compensation for any damages incurred.

10. Communications

10.1. Any communication, report or complaint by the User must be made in writing to Biesse at the email address help@live.biesse.com, clearly stating his/her particulars and, where necessary, providing a detailed description of the problem encountered (and, if possible, sending any documentation deemed suitable for its resolution). Biesse undertakes to provide an answer to the problem within 20 (twenty) working days of receiving it.

10.2. Any communication from Biesse to the Registered User will be sent by email, to the address provided by the Registered User during registration, or by means of an online message that can be viewed on the Platform.

11. Privacy

11.1. The personal data provided by the Registered User will be processed by Biesse in its capacity as data controller, in line with the current legislations on the protection of personal data, including the GDPR and Italian Legislative Decree 196/2003, and in accordance with the Privacy Policy.

12. Applicable law and place of jurisdiction

12.1. The contract is governed by Italian law and is to be interpreted in accordance with this, without prejudice to the applicability of the mandatory rules of law of the country in which the User, as a consumer, resides or is domiciled.

12.2. In the case of disputes concerning the interpretation, execution and/or validity of the contract, the Court of Pesaro (Italy) shall have sole jurisdiction. It is understood that if the User is a consumer, he/she may bring the matter before the judge of the place of residence or domicile or, at his/her discretion, before the aforementioned Court of Pesaro.

13. Provision of legal documentation

13.1. These general terms and conditions, along with the Privacy Policy, can always be viewed via the footer of the Platform and can be downloaded in .pdf format; they are also made available to the User at the time of registration under Art. 4. The legal documentation is written in both Italian and English.