For the purposes of this Agreement, it is meant by:
- Contract: the General Conditions of Contract and the documents referred to, which together constitute the rules governing the relations between the Parties;
- ML Project srl: ML PROJECT S.R.L. sited in VIA DE TOGNI ARISTIDE 7- 20123 MILAN (MI) - ITALY - CF/VAT 10072900961
- Customer: the person requesting the supply of one or more Services, identified on the basis of the correspondent online or mail Order;
- Parties: ML Project srl and the Customer;
- Services: the services provided by ML Project srl to the Customer, in particular: the Training Service, the webinar-live E-learning Service, the Supply of Teaching Materials in self-paced mode.
- Order: proposal to purchase the Services, via use of the online purchase procedure available on the www.movinglimits.com and www.academy.movinglimits.com websites.
I. Training Course
Object of the Contract is the supply, upon payment of the fee referred to in art. 1.2, in favour of the Client and by ML Project srl, of the Training Course (e.g. internships, themed events, courses in open and closed water, classroom courses), as better described inside the relevant section on the website www.movinglimits.com and in the specific terms and conditions indicated therein.
As payment fee for the Training Service, The Customer pays to ML Project srl the amount indicated in the relevant Order, at the conditions and terms specified therein. The following are the payment methods allowed: credit card, Paypal system.
1.3. Minimum Requirements for Participation:
The minimum requirements for participating to the Training Course are specified in the event description in the event section on the www.movinglimits.com site.
For organisational needs, ML Project srl reserves the right to change dates and locations, as well as its programs and teachers, to the events included in the Training Course, and to communicate such changes to the Customer in writing or by telephone. In the event of Force Majeure, independent of the will of ML Project srl. and not controllable in any way by the service provider (e.g. the unavailability of the teacher due to illness, or the impossibility to carry out the training due to adverse weather conditions, as well as the unavailability of the means of transportation to the dive site), circumstances that would make it impossible to carry out the training event at all, or not allow it to be carried out with adequate safety, according to the unquestionable judgment of the service provider, ML Project srl reserves the right to defer the event without notice. It is understood that in case of variation of the training event for any reason, if the Customer no longer intends to participate, the responsibility of ML Project srl will be limited to refund the Customer the registration fee (in case the event in question is part of a training course of several days, the amount will be proportionally re-determined), with the exclusion of the Customer's right to any compensation or indemnity, for any reason whatsoever; any refund of the registration fee will take place within the maximum term of 30 working days from the date of the event.
1.5 Cancellation of the training event and limitation of responsibility
ML Project srl has the right to cancel, until the day before, the training event scheduled in the Training Course if the minimum number of members is not reached, or in any case a number such as not to allow the success of the event itself. The cancellation is communicated to the Customer in writing or by telephone. It is understood that in case of annulment or cancellation of the training event for any reason, the responsibility of ML Project srl will be limited to refunding The Customer the registration fee, with the exclusion of the Customer's right to any compensation or indemnity, in any capacity; any refund of the registration fee will take place within the maximum term of 30 working days from the date of the canceled event. It is also understood that, with reference to the Orders received by ML Project srl within 5 (five) days prior to the training event, ML Project srl does not guarantee the prior and complete supply of educational material and any additional online services related to the Service purchased. All teachers who work with ML Project are certified instructors. In particular, the instructors qualified for training events that take place in free and closed waters, are holders of an insurance policy for civil liability, viewable by the customer after requesting to email@example.com.
1.6. Customer's withdrawal
The Customer has the right to recede from the Contract up to 14 (fourteen) days prior to the start of the training event covered by the Training Course, with written notice to firstname.lastname@example.org. In such case, the customer has the right to a the full refund of the amount already paid, or to not pay the remainder. In case of withdrawal of the Customer from the Contract beyond that term, ML Project srl will be entitled, as compensation for the withdrawal, as per art. 1373, III comma, cod. civ., to withhold or receive the payment of the reminder, if already paid or still to be paid.
Upon payment of the fee, the Customer has the prerogative to reserve a Service with limited places, although formally complete. By purchasing the waiting list, the customer will have the right to participate to training events when a place should become available again, otherwise the customer will be entitled to a full refund of the registration fee within the maximum period of 7 working days from the date of the event.
II. E-learning service with webinar-live
Object of the Contract is the supply, upon payment of the fee referred to in art. 2.2, in favour of the Customer by ML Project srl of the online service for the provision of distance courses and seminars (E-learning service), as better described in the relevant section of the site www.movinglimits.com and the terms and special conditions indicated therein. The provision of the service can be purchased in single or subscription mode. The various types of e-learning subscription allow access to diversified contents, based on the chosen catalog.
If the payment is not received with the application form, the Customer accepts to pay the full charge within the term of 5 (five) days from the conclusion of the Contract, and to immediately notify the ML Project srl. In case of purchase of an E-learning service provided via webinar-live mode (‘live’ mode course), the payment must be made by the Customer no later than the day before the date of the training event, unless otherwise stated at the time of publication of the event on the site. The payment methods allowed are the following: credit card, Paypal system.
2.3. Duration of subscription services
The duration of the E-learning service purchased in a unitary manner is 12 months from the time of purchase, unless otherwise stated. After the terms expire, the provision of the E-learning service will cease automatically and without further communication, even if the Customer has not used it or has only partially used it.
2.4. Terms of usage
In order to use the E-learning Service, the Customer must access the e-learning platform on the Internet site www.movinglimits.com using the credentials (username and password) that will be made available by ML Project srl upon receipt of payment. It is understood that the E-Learning Subscription is strictly personal and limited to the user: the E-Learning Subscription cannot be transferred to anyone else, and the same for online training events. The user has the right to view the e-learning products that are taught exclusively during the period of validity of the E-Learning Subscription. Registration to online courses is mandatory only through the online registration service available in the area reserved for the user. In case of cancellation of the registration to the webinar-live event by the Customer-user, no compensation is due to the Customer.
2.5. Technical Requirements
The following minimum technical requirements are necessary for the purposes of using the E-learning Service:
- MAC OS x 10.7 or higher
- Intel MAC
- 4GB (8GB recommended)
- 500 MB free space (recommended)
- Speakers or microphone
- Windows Vista or higher/li>
- Intel pentium 4 or higher
- 4GB (8GB recommended)
- 500 MB free space (recommended)
- Speakers or microphone
- MAC web browser: Chrome (recommended), Firefox, Safari
- PC web browser: Chrome (recommended), Firefox, Internet explorer 10 or higher, Edge
- Flash player (on laptop or desktop)
ADSL or fiber optic internet connection with a minimum speed of 600kbps / 1.2Mbps (up / down);
The use of the service requires the enabling of cookies. For more information click here https://movinglimits.com/it/cookie-policy
2.6. Interruptions and malfunctions of the E-learning Service
ML Project srl is bound to provide the E-learning Service with continuity and efficiency until the end of the use indicated in the Order. The Customer is informed and accepts that access to the E-learning Service may be interrupted for periods not exceeding 72 (seventy-two) working hours due to maintenance by ML Project srl, without this leading to non-compliance of ML Project srl to the Contract, or give the Customer the right to any compensation or indemnity. It is understood that ML Project srl is not responsible in any way and for any reason for malfunctions or interruptions of the E-learning Service, of any entity and duration, independent of its own will and caused, for example, by problems of interconnection, hardware failures, violations of the IT service, etc. The Customer is aware and accepts that ML Project srl has the right to interrupt the provision of the E-learning Service in the presence of motivated security problems and /or guarantee of confidentiality even beyond the limit of 72 working hours, giving notice to the Customer in writing or by telephone, without this giving rise to non-fulfilment issues of ML Project srl to the Contract, or giving the Customer the right to any compensation or indemnity.
2.7. Limitation of Liability
ML Project srl is under no circumstances responsible for any difficulty, defect, anomaly, discontinuity, inability to access and / or use of the e-learning platform, arising from and / or related to the hardware and / or software property of The Customer, or the provider chosen by The Customer, or an incorrect operation of the telephone network or internet. Consequently, The Customer will not be entitled to ask ML Project srl for any compensation, refund or indemnity whatsoever.
2.8. Customer's termination
The Customer has the right to withdraw from the Contract up to 14 (fourteen) days before the start of the first live webinar subject to the E-learning Service with webinar-live, with written notice to email@example.com. In this case the customer has the right to a refund of the amount already paid and not to pay the remainder. In case of withdrawal of the Customer from the Contract in the 14 (fourteen) days prior to the start of the training course, ML Project srl will be entitled, as compensation for the loss (art. 1373, III comma, cod. civ.), to withhold or receive the payment of the remainder, wether already paid or still to be paid.
III. Supply of Teaching Materials in self-paced mode.
Object of the Contract is the supply, upon payment of the fee - referred to in art. 3.2 - in favour of the Customer by ML Project srl of publishing products (books, e-books, software, multimedia courses in various media and formats, both physical and digital - the ‘Teaching Materials’) available on the website www.movinglimits.com, better described in the relevant section of the site with the specific terms and conditions indicated therein.
The payment of the fee for the ordered teaching materials can only be made by the following means and at the following conditions:
- credit card;
- Paypal system;
The individual prices of the Teaching Materials published on the Site are subject to VAT according to the provisions of the law and do not include any taxes, duties and charges applicable in the country of destination of the Teaching Materials, if different from Italy. These costs are fully borne by the Customer, who is responsible for verifying the amount with the competent customs authorities. The cost of each Product must be added to the price of each Product, the amount of which may vary according to the delivery method chosen by the Customer, as well as in relation to the destination Country. The total amount due for the ordered Teaching Materials is clearly stated and communicated to the Client before the conclusion of the Contract. ML Project srl reserves the right to fully or partially discount the amount due for the shipping charges under special discount policies, as indicated on the Site (for example coupons with discount codes). It is understood that the purchase of digital teaching materials, or material that can be downloaded immediately from the site such as e-books, does not involve any shipping costs.
The duration of the E-learning service purchased in unitary mode is 6 months from the time of purchase, unless otherwise indicated. After the terms have expired, the delivery of the E-learning service will cease automatically and without further communication, even if the Customer has not used it, or has only partially used it.
3.4 Copyright - Contents
The contents of ML Project srl and all its updates are protected by copyright. It is forbidden for the Customer to use such contents for purposes other than consultation and, in any case, for commercial purposes. In particular, for example, it is forbidden to distribute, translate, transfer to third parties, summarise, copy, publish, archive or store the contents of ML Project srl.
In accordance with art. 1456 cod. civ., ML Project srl reserves the right, following written communication to the Customer, to terminate the Contract, or (art. 1460 cod. civ.) suspend the execution (by preventing the Client from accessing the ML Project srl) in case of violation at art. 3.4, ML Project srl reserves the right to compensation for damages, under breach of contract by the Customer.
Any complaints can be forwarded at any time to firstname.lastname@example.org
IV. Common provisions
4.1. Conclusion of the Contract
The Contract is complete upon following positive completion of the procedure:
(i) choice of the Service(s) in the shopping cart;
(ii) completion of the online purchase form in its entirety,
(iii) acceptance of the form, the General Conditions of Contract and privacy information by clicking on each of the related flags,
(iv) choice of the chosen payment method by clicking on the related flag,
(v)completion of the purchase procedure.
4.2. Intellectual property rights
Intellectual property rights related to the material, electronic or not, or the programs that ML Project srl makes available to the Customer for the provision of the Services, including any supports and documentation, remain in full and exclusive ownership of ML Project srl and / or the legitimate owners, having the Customer only the availability in use limited to the period, under the conditions and procedures set out in the Contract. The Customer will not to copy these materials and programs on hard disks or other durable memory media, publish them, disclose, modify them, deform them and in any case not to carry out any act that could directly or indirectly prejudice the holder ’s own intellectual property rights.
All communications related to the Contract must be made using the means and at the addresses indicated in the Order and in these General Conditions of Contract.
4.4. Prohibition of transfer
Except otherwise stated in the Contract, it is forbidden for the Parties to transfer all or part of the Contract or the rights and obligations foreseen therein, and to allow third parties to use the Services by communicating or making available to them the relative access data, except with prior ML Project srl written consent.
4.5. Minors of age
Minors are not authorised to purchase the Services through www.movinglimits.com. On www.movinglimits.com services that are available for under 18s are also sold, but can only be purchased under the supervision of a parent or guardian.
Except as otherwise provided in the Contract, the objective and / or subjective modifications to the Contract, as well as any possible additions, must be expressly agreed in writing by the Parties. In any case, and by way of derogation from the previous paragraph, the Parties accept the right by ML Project srl to unilaterally modify, at its sole discretion, the methods of payment of the amount upon written notice to the Client with notice of no less than 15 days.
The possible omission to assert one or more of the rights provided for in the Contract can not, however, be considered as a definitive waiver of these rights and will not therefore prevent the punctual and rigorous fulfilment of them at any other time.
4.8. Invalidity and partial ineffectiveness
The eventual invalidity or ineffectiveness of any of the Contractual provisions of the Contract will leave intact the other legally and functionally independent agreements, except, in any case, the provisions of art. 1419, I comma, cod. civ.
4.9. Limitation of liability
It is understood that ML Project srl is not liable for damages of any kind caused directly or indirectly by the didactic content of the Services (including the material supplied) and by the use that the Customer deems to make of them.
4.10. Consequences of non-payment of the fee
It is understood that in case of non-payment by the Customer, ML Project srl will have the right to inhibit the use of the Service to the Customer and to block access by the Customer to the personal area on the website www.movinglimits.com.
4.11. Applicable law
The Contract is governed by Italian law.
4.12. Exclusive court
All disputes arising from the Contract or in relation to the same will be devolved to the exclusive jurisdiction of the Court of Milan.
4.13. Privacy Protection
For the purposes of Articles 1341 and 1342 of the Civil Code, the Parties declare that they have read and examined the following clauses of the Contract and specifically agreed upon them:
Art. 1.4: Variations;
Art. 1.5: Cancellation of the training event and limitation of responsibility;
Art. 1.6: Customer's withdrawal;
Art. 2.3: Duration of subscription services;
Art. 2.4: Method of use;
Art. 2.6: Interruptions and malfunctions of the E-learning service;
Art. 2.7: Limitation of liability;
Art. 2.8: Customer's withdrawal;
Art. 3.3: Duration;
Art. 3.5: Resolution;
Art. 4.1: Conclusion of the Contract;
Art. 4.2: Intellectual Property Rights;
Art. 4.4: Prohibition of assignment;
Art. 4.5: Minors of age;
Art. 4.6: Changes;
Art. 4.9: Limitation of liability;
Art. 4.10: Consequences of non-payment of the consideration;
Art. 4.12: Exclusive court;
Art. 4.13: Privacy Protection;