Terms of Sale

Contractual conditions – Paid courses

Given that

• For the purposes of this contract, the following definitions shall apply:

1. “Consumer”, the natural person who acts for purposes unrelated and/or not referable to the entrepreneurial, commercial, artisanal or professional activity possibly carried out, or who acts for purposes not falling within the scope of each of the aforementioned activities;
2. “Professional”, any natural or legal person acting within the scope of their commercial, industrial, artisanal, or professional activity, performing an act of purchase related to the profession carried out and/or pertaining to the same;
3. “Client”, the subject whether Professional or simple Consumer, who has purchased the online Training Course according to the information and conditions expressed in this contract and in the descriptive sheet available on the website, to be understood as an integral part of the same contract;
4. “Producer”, the legal entity Arthur Louis Lucki providing the training service, identifying it with its own name, trademark or other distinctive sign;
5. “Product”, the training course in e-learning mode;
6. “Distance contract”, that contract concluded between the Producer and the Client without the physical and simultaneous presence of the parties, through the exclusive use of one or more means of remote communication;
7. “Site”, the website https://online.ananda.it exclusively owned by the Producer.

• Prior to the on-line purchase of the product (with the simultaneous obligation to pay the full purchase price using the methods indicated below) the Customer is required to express, in a point and click manner, their consent to these terms of sale, which are thereby deemed recognized and approved also pursuant to articles 1341 and 1342 of the Civil Code, together with the provisions governing the registration, access, navigation and use procedures of the site https://online.ananda.it;
• The Customer expressly authorizes the Producer to use their e-mail address in relation to activities concerning the contract and any sending of information about distance learning services created and offered by the Producer;
• These general conditions may be modified and/or updated at any time by the Producer, who will provide notice through the normal communication channels present on the website.

The above premises constitute an integral part of these general conditions.

Art.1 Subject of the contract

This distance contract concerns the provision, by the Producer to the Client, of a training Course in e-learning mode or through an online learning system. The Client, after purchasing the product and upon successful crediting of the registration fee paid by bank transfer made out to ANANDA ASSOCIAZIONE A.S.D or credit/debit card (Stripe), will receive at the indicated e-mail address the link and access credentials to the Course.

Art.2 Pre-contractual information

The Customer declares to have read, prior to the online purchase of the product, all the information contained in the “Course Sheet”, accessible on the website and from which the main characteristics of the product, the geographical address and the identity of the Producer, the price and the payment methods that are expressly accepted by the Customer at the time of subscription are evident.

Art.3 Conclusion of the contract

Pursuant to and for the purposes of art. 1326 c.c., this distance contract is considered perfected at the moment when the Producer (and on its behalf the Operators responsible for receiving data and communications relating to the conclusion and execution of the contractual relationship) becomes aware of the Client's acceptance of the training offer, expressed by their online registration for the chosen Course. The Client, upon completion of the registration procedure and full payment of the related fee in accordance with the methods referred to in art. 1, receives the credentials necessary to access the course and any downloadable and printable teaching materials provided, video lessons, exercises, and self-assessment tests.

Art.4 Protection of copyright

The Client acknowledges that the Producer holds the exclusive ownership of all parts of the Site, including but not limited to logos, images, texts, and course contents: consequently, pursuant to Law 22.04.1941 no. 633 (Copyright Law), there is an absolute prohibition on commercial use by third parties, total or partial reproduction, reworking, and transmission in any form and by any means, except with prior written authorization from the Producer. It is forbidden to copy, distribute, publish or otherwise use or exploit the educational material without the prior written consent of the Producer. The Client, responsible for preserving and keeping confidential the credentials assigned to them, and holder (by virtue of enrollment in the Course) of a personal and non-transferable right to access the reserved area on the site, undertakes not to allow third parties to use and/or view the services in any way, refraining from any act that infringes on the exclusive rights and ownership of the Producer; as well as indemnifying and holding harmless the Producer from any claims and/or demands arising from third-party use and/or abuse. In case of violation of these obligations, the contract shall be deemed terminated by law and the Producer shall be free to take legal action to protect every disregarded right, including compensation for damages suffered. Furthermore, if a security issue or unauthorized use is considered existing or highly probable, the Producer may suspend the use of credentials assigned to the Client.

Art.5 Provision of the service

The Client declares to be aware of and accept the necessary hardware and software prerequisites to access the purchased online Course. The platform è stata realizzata in maniera da offrire a studenti, docenti e a tutti i possibili utenti il massimo della compatibilità con i più comuni sistemi disponibili. Tests have been carried out on all the most popular platforms (Mac OS, Windows, Linux) and on the main browsers (Internet Explorer, Mozilla Firefox, Google Chrome, Apple Safari). The required hardware and software requirements are minimal and are generally met on a normal standard system for home use. To make the best use of the multimedia content present and online tutoring services, it is necessary:

• have a Internet network connection. For optimal use è an ADSL connection is recommended;
• have installed on one's machine one among the main browsers regularly updated;
• have installed the software  on their machineAdobe Acrobat Reader to view some materials in pdf format.

The Customer also undertakes to adapt their hardware and/or software system if necessary following subsequent updates to the platform. The Producer shall have the right to suspend the provision of the Training Service purchased by the Customer, giving immediate notice via Web or by other means, if:

• there were well-founded reasons to believe that security problems and/or protection of the right to privacy could occur;
• it is recognized the need-opportunity to improve the access procedures to online training courses, increasing their efficiency.

The aforementioned communication charges cannot be considered applicable in cases, alternatively considered, of force majeure, necessity or urgency. The Producer reserves the right to make changes or additions to the program or to the schedule, location and time of the course, due to organizational or technical reasons; such changes or additions will be promptly communicated to the student, via phone, SMS messages and/or e-mail and in any case shall not consist of a reduction in the overall duration of the course nor shall they provide for an increase in the amount agreed upon in the related contract. The student is therefore required to communicate to the Producer any changes in telephone numbers or e-mail addresses, for the entire duration of the course.

Art.6 Security and confidentiality of data

The Client guarantees to legitimately possess all the information entered within the Website https://online.ananda.it for the purposes of purchasing the Course and accessing the related Service, also ensuring that they do not violate in any way, directly or indirectly, the rights of third parties. Therefore, the Consumer or Professional contracting party undertakes not to enter data over which they do not have free disposal. It is also forbidden for the purchasing party to enter false and/or fictitious data in the registration-enrollment procedure for the Course and in subsequent further communications related to the execution of the contract. For this purpose, the Customer indemnifies the Producer:

• from any liability arising from the issuance of incorrect tax data and documents, the Client being solely responsible for the correct entry;
• from any obligation and/or burden of direct and indirect verification and control in this regard.

If it is established, independently by the Producer or upon third-party report, that the data provided are false, the Producer reserves the right to prevent/suspend the Customer's registration.

Art.7 Responsibility and obligations

Except in cases of intentional misconduct or gross negligence by the Producer, the Client expressly exempts the Producer from any liability for direct and indirect damages:

• that the Client himself or third parties may suffer in relation to or as a result of the provision of the Training Service, or due to the interruption of its operation;
• that the Client himself or third parties may somehow accuse for the failure to provide connectivity by the telecommunications network operator, or even for the Client's recourse to the use of connectivity (not high speed) technically incompatible with the Service, as well as for the failure to enjoy the Training Course due to defects found by the Client in its enjoyment, if all this depended on the lack of possession of the minimum system requirements referred to in Art. 6, whose verification is the Client's responsibility;
• caused by third parties who illicitly accessed the online training course, due to the Client's lack of caution in safeguarding the assigned login and password, or due to the absence of other security measures that the Client is required to adopt;

Under no circumstances shall the Producer be held liable:

• malfunction of the Service resulting from faults, overloads, interruptions of telephone lines, electrical lines or related to the Internet network;
• for non-performance by third parties that impair the use of the Service, including, by way of example, slowdowns in speed or the malfunctioning of telephone lines and computers managing telematic traffic between the Client and the educational platform from which the Service is provided;
• for any potential fraudulent and/or improper use of credit cards by the Customer.

It is the exclusive responsibility of the Client to ensure interoperability between the connectivity they have adopted and the platform from which the Service is provided. Furthermore, the Producer shall not be held liable for failures to fulfill its obligations due to causes that are not reasonably foreseeable, objective impediments beyond its direct and immediate control, or force majeure events. Upon the occurrence of any of the aforementioned force majeure events, the Producer shall inform the Client via the Website, along with prospects for regular reactivation of the Service. The Client agrees to indemnify the Producer against all losses, damages, liabilities, costs, charges, and expenses (including legal fees) that may be incurred by the Producer as a consequence of any breach of obligations assumed by the Client upon signing this Contract or Subscription Form, and in any case related to the input of information on the site; all this also applies in cases of damage claims made by third parties under any title. Finally, the Client agrees to hold harmless the Producer from any liability in case of complaints, legal actions, governmental or administrative actions, losses or damages arising from illegal use of the Service by the Client or third parties. It should be specified that the Producer does not provide any consultancy regarding Clients’ training needs; consequently, all responsibility regarding correspondence between educational content and Client needs lies entirely with the purchaser. The Producer shall also not be held responsible for Courses erroneously purchased by the Client. Information and materials related to provided Courses are prepared, reviewed, and updated with accuracy, completeness and adequacy, also thanks to support activities and specialist consultancy offered by highly qualified professionals involved in designing and producing educational material. Finally, the Client may not assign to third parties any obligation or right originating from this Contract without prior written authorization issued at the sole discretion of the Producer and communicated by registered mail with return receipt or certified email.

Art.8 Withdrawal conditions – penalty deposit

The Consumer-Customer consciously and expressly agrees to lose any right of withdrawal from this distance contract, with the exceptions to the right of withdrawal provided for in Art. 59, paragraph 1, letters a) and o) of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) applying. Indeed, by purchasing this course in e-learning mode, the Consumer consents to the provision of digital educational content through a non-material support, with express agreement and acceptance that this circumstance precludes any right of withdrawal. Furthermore, the Consumer agrees to lose their right of withdrawal from this service, as it is made fully accessible and usable by the user through the telematic sending of authentication credentials (username and password). Instead, in case of purchase by the Professional Customer, the latter is recognized the option to withdraw from the contract provided that the completion by the user of the procedure for activating the access Account to the online platform has not occurred. As consideration for the right of withdrawal conventionally allowed to the Professional Customer, exclusively within the limits referred to in the previous sentence, and therefore as a penalty deposit, the parties recognize the Producer's possibility to retain 100% of the total amount paid by the Professional Customer at the time of purchase of the Online Course.

Art.9 Information and consent to the processing of personal data pursuant to GDPR 679/16.

The Customer declares to have been previously informed, for the purpose of consent, about: a) the purposes and methods of processing their personal data; b) the mandatory or optional nature of providing the data; c) the consequences of not providing the data; d) the subjects or categories of subjects to whom the personal data may be communicated, or who may become aware of it as data processors or persons in charge, and the scope of dissemination of said data; e) the rights reserved to them; f) the identifying details of the data controller. In particular, regarding the aforementioned points a) and b), it is communicated that the collected data will be processed in order to allow registration to the Service and thus its provision. The provision of data and consent to their processing is therefore a necessary condition for completing the registration procedure. The Customer thus consents to the processing of data and their communication to third parties for all purposes and methods necessary for carrying out the contract, until its full execution, and also for any legal actions. The data provided at the time of registration and simultaneous payment of the purchase price of the Course will be processed by the Producer   always in full compliance with current Privacy regulations, also for the purpose:

• to publish on the Site ideas, comments, catchy phrases associated with the content of the Site, as well as material and any other information provided by the Client, all in full compliance with the Terms of use and access to the Site; said publication will take place in association with a pseudonym (“username”) chosen by the Client during registration, for which choice (potentially harmful to the interests of third parties) the same will be solely responsible;
• to send newsletters;
• to respond, at the e-mail address indicated by the User, to the requests made by the latter via e-mail or phone call;
• manage the content that Users voluntarily decide to post on the Site;
• send event-related invitations;

Regarding point f), it is communicated that the data controller is Ananda Associazione ASD, represented by the president of the association, tax code 92002350541, VAT number 02754750541,  with headquarters in Nocera Umbra (06025 – PG), via Montecchio n.61  The data will be processed by Ananda Associazione ASD, by persons appointed as data processors and managers, as well as by the category of third parties specifically indicated in the privacy notice, using automated electronic and manual tools, for the proper provision of the service and according to logics related to the above-mentioned purposes, so as to ensure the security and confidentiality of the data. With reference to point d), furthermore, the data may be communicated to persons responsible for carrying out the Service for achieving the purposes mentioned above. In relation to point e), the User has the right to access at any time the data concerning them, and to exercise any other rights provided, by contacting Ananda Associazione ASD, represented by the president of the association, including the right to request, by writing to (write an email or certified email address) the origin of the data, correction, updating or integration of inaccurate or incomplete data, deletion or blocking of those processed in violation of law, or objecting to their use for legitimate reasons stated in the request.

Click here to see the complete privacy policy  .

Art.10 Competent court

For any dispute arising from or related to the contract, the competent jurisdiction shall be: a) the Court of the place of residence or domicile of the Consumer-Customer pursuant to the current Legislative Decree 6 September 2005 no. 206 (Consumer Code); b) exclusively the Court of Perugia, in all other cases.

Art.11 Final clauses

The obligations and commitments arising from this agreement, which by their nature remain effective even after the expiration, termination or withdrawal (allowed exclusively within the limits of Art. 9 of this contract) from the contract, shall remain valid and operative even after such date, until their fulfillment.

SUBSCRIPTION SERVICE AND LICENSE TERMS OF USE

WE INVITE YOU TO CAREFULLY READ THESE SUBSCRIPTION AND LICENSE TERMS OF USE. BY PLACING THE ORDER, YOU ACCEPT THAT THE ONLINE SUBSCRIPTION SERVICE FOR DIGITAL PRODUCTS IS GOVERNED BY THESE TERMS AND THAT THEY ARE LICENSED AS SET FORTH IN THIS DOCUMENT.

• Subject

These Subscription and License Terms apply to the provision of online services for access to subscription digital products (hereinafter “Digital product”) made available by ANANDA ASSOCIATION A.S.D C.F. 92002350541, with registered office in NOCERA UMBRA 06025 (PG) – VIA MONTECCHIO N. 61, email info@ananda.it, (hereinafter Supplier) to the contractor (hereinafter also “Subscriber”) via telematic network on the website https://www.ananda.it (hereinafter “Site) and of which the Subscriber, within the limits provided in these Conditions, is authorized to make use.

Digital Products are granted to the Subscriber under an individual, temporary, non-exclusive and non-transferable license and are not sold. The Subscriber therefore does not acquire ownership of the Digital Products, but only the right to use them according to the methods and within the limits set forth in the conditions established in the following point 3.

• Subscription types

The types of subscriptions to Digital Products from which the contracting party can choose, along with the related service details, are available on the website.

• License of use and copyright reservation

All digital Products, as a whole and in their individual parts, made available to the Subscriber via telematic network from the Site and which the Subscriber, within the limits set forth in these Subscription Service and License Conditions, is authorized to use are protected by intellectual and/or industrial property rights. Except as expressly authorized by this license, all rights to the digital Products are reserved.

The Subscriber is authorized, for strictly private and personal use, to view online the digital products for which they have subscribed for the period specified in the description on the subscription site itself. It is forbidden to transfer or grant copies made to third parties under any title. Any commercial use of Digital Products is prohibited. Except as expressly indicated in these license conditions, digital or analog reproduction, sending by any means (including e-mail or fax), public communication, distribution, marketing, and any other use of Digital Products, for any purpose or end carried out, are prohibited by any means.

The Supplier reserves the right to technically limit the use of digital Products to what is permitted in the license conditions, as well as to introduce automatic systems for verifying compliance with the granted usage limitations.

The Subscriber who violates the provisions of these license conditions automatically and without notice loses the authorizations granted with them, which cease to have validity and effectiveness.

• Subscription contract stipulation

The subscription contract è stipulated at the same time the contracting party electronically sends the Order to the Supplier. The sending of the Order by the contracting party takes place electronically. The Order è subject to these Subscription Service and License Conditions and constitutes an essential part of the contract between Subscriber and Supplier.

Before deciding whether to submit the Order, the contractor is provided on the Site with an electronic document (for long-term preservation, printing or storage in digital format is recommended) summary of the contract terms and the Digital Products subject to the Order, with indications relating to their essential characteristics, price, payment methods and any other element useful for verifying one's subscription (hereinafter “Subscription summary”). The Subscription Summary constitutes an essential part of the contract between Subscriber and Provider. After sending the Order, and therefore after the subscription contract has been concluded, the Provider will send to the Subscriber's electronic address (email address) a “Order Receipt” as confirmation of the receipt of the Order and the conclusion of the contract, with the reported “Order Number”, that is the unique reference to the Order, through which the Subscriber can check the status of their Order. Payment of the subscription price is a suspensive condition for the execution of the contract.

• Duration

This contract is valid for the period specified in the description on the subscription website itself).

The contract is not subject to automatic renewal and the Subscriber who wishes to renew their subscription must submit a new Order. The price for the renewal will be the one applicable at the time of the new subscription.

The license to use the digital subscription Products expires at the time specified in the description on the subscription website. After this term, the user no longer has online access to the digital Products for which they had obtained the license.

• Price

The subscription price is the one related to the type of subscription chosen by the Subscriber, as indicated in the description on the subscription website itself. The prices published on the Site, unless otherwise expressly indicated, constitute the final price including taxes.

• Payment methods

The payment by the Subscriber can be made using the following methods:

• Bank transfer to the bank account in the name of: ANANDA ASSOCIATION A.S.D

or

• credit/debit card (Stripe)

• Contract execution

Upon receipt of payment of the price, the Supplier sends to the Subscriber, at the electronic address declared by them (e-mail address), the credentials (ID and password) with which the Subscriber will be able to access the subscription digital Products online.

The Subscriber, having acknowledged the methods by which the Provider has organized the availability of the digital Products, expressly requests that the execution of the service (by sending access credentials to the reserved area of the Site where the digital Products are made available) begin following the payment of the subscription price and therefore even before the expiration of the fourteen-day period from the sending of the Order, thereby expressly accepting (if the Subscriber is a “Consumer” pursuant to the Consumer Code – Legislative Decree 206/2005) the loss of the right of withdrawal following the start of execution (pursuant to art. 59, paragraph 1, lett. o), Legislative Decree 206/2005).

• Right of withdrawal

In the event that the Subscriber is a “Consumer” pursuant to the Consumer Code (Legislative Decree 206/2005), i.e. a “natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out”, they have the right to withdraw from the subscription contract. The right of withdrawal, governed by articles 52 and following of the Consumer Code (Legislative Decree 206/2005), is however excluded for:

• service contracts after the full performance of the service if the execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional” (art. 59, paragraph 1, lett. a), Legislative Decree 206/2005);
• the supply of digital content through a non-material medium if the performance has begun with the express agreement of the Consumer and with their acceptance of the fact that in such case they would have lost the right of withdrawal” (art. 59, paragraph 1, lett. o), Legislative Decree 206/2005);

In the event that the Subscriber begins access to the digital Products to which they have subscribed before the expiration of fourteen days from the conclusion of the contract, withdrawal is therefore excluded.

Within the limits of what may be exercisable, the Consumer has a period of fourteen days to withdraw from the subscription contract without having to provide any reason. The fourteen-day period starts from the day the contract is concluded (art. 52, paragraph 2, Legislative Decree 206/2005) or from the day on which the information obligations regarding the right of withdrawal pursuant to article 49, paragraph 1, letter h) of Legislative Decree 206/2005, provided that this occurs after the conclusion of the contract but not beyond the term of twelve months from the conclusion itself (art. 53, paragraph 2, Legislative Decree 206/2005).

In the event that the Supplier has not fulfilled the information obligations regarding the right of withdrawal referred to in Article 49, paragraph 1, letter h) of Legislative Decree 206/2005 the term for exercising the right of withdrawal ends twelve months after the end of the initial withdrawal period, as determined by art. 52, paragraph 2, Legislative Decree 206/2005 (art. 53, paragraph 1, Legislative Decree 206/2005).

The Consumer exercises the right of withdrawal by sending a written communication to the Supplier (Please note that the burden of proof regarding the exercise of the right of withdrawal lies with the Consumer). To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

If the Consumer withdraws from the subscription contract, all payments made will be refunded without undue delay and in any case no later than 14 days from the day the Supplier is informed of the decision to withdraw from this contract. Such refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, no costs shall be borne as a result of such refund.

• Guarantees and responsibilities

To the Subscriber who is a "Consumer" pursuant to the Consumer Code (Legislative Decree 206/2005) the legal warranty provided for in articles 128 and following of the Consumer Code (Legislative Decree 206/2005) is recognized as applicable, and in case of defect or fault the Supplier guarantees the new provision of the good for which the defect or fault was found, except where a new provision is impossible or excessively burdensome (for example because the service related to which the defect or fault was found is no longer available, or not available in a short time), or the refund of the amount paid for the defective service or, if the legal conditions exist, the termination of the contract.

The lack of conformity and any other defect or fault must be reported to the Supplier by the Consumer within two months of discovery; the provision of a digital product different from the one ordered must be communicated to the Supplier within one month of discovery; in these cases, the Consumer must contact the Supplier at the following telephone numbers: 0742-813620 email info@ananda.it.

The guarantees and the methods of intervention under warranty provided operate only if the Consumer has diligently followed the rules for using the service.

Except as provided in this point 10, the Supplier expressly excludes all warranties and conditions, express, implied or statutory, including, among others, implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, freedom from defects or faults, accuracy, quiet enjoyment, and non-infringement of third-party rights. This clause regarding the liability regime is not intended to limit the Supplier's liability in violation of applicable national law provisions, nor to exclude it in cases where it cannot be excluded under said law. The applicable national law may provide cases where the Supplier's liability cannot be limited; in such cases, this limitation of liability clause applies only to the extent permitted by law or does not apply at all if not permitted.

• Supplier Contacts

The Subscriber can at any time contact the Provider, provide suggestions and file complaints at the following contacts:  telephone: 0742-813620 email info@ananda.it.

Applicable law and consumer protection

The present contract between Subscriber and Supplier è drafted, governed and must be interpreted, applied and executed exclusively according to Italian law. In the event that the Subscriber is a “Consumer” pursuant to the Consumer Code (Legislative Decree 206/2005), the provisions established for the protection of consumers in distance contracts set forth in Part III, Title III, Chapter I, “Consumer rights in contracts” of the Consumer Code (Legislative Decree 206/2005) shall apply to this contract.