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Terms of use

Article 1: Premises and definitions

1.1. The use of this website (hereinafter the Website), of the services available through the Website and any relationship between any person that may access the Website, consult it or use the Services (hereinafter the User) and W&W S.r.l., VAT, fiscal code and registration number 06104780488 in the Register of Companies of Florence, with its registered office in Via Panicale, 9, Florence, Italy, (hereinafter W&W) is subject to the conclusion of a contract between the User and W&W (hereinafter the Contract).

1.2. This document explains how the User and W&W conclude the Contract, as well as the content of the Contract. The content of the Contract shall always include at least the terms of use set out below (hereinafter Terms of Use), the privacy policy on the processing of personal data regulated by article 13 of Legislative Decree 196/2003 (hereinafter Privacy Policy) and the User’s authorizations to the processing of her personal data (hereinafter User’s Personal Data). This document also indicates the rights and obligations of the Users with regard to W&W, with regard to other Users and to third parties.
Therefore, the User must carefully read the Terms of Use and the Privacy Policy, and agrees to do so also at the time of its first access to the Website, upon its registration and whenever these Terms of Use may be modified.

1.3. The Contract may include, in addition to the Terms of Use, also the special conditions that will be communicated each time to the Users and that shall integrate the Contract.

1.4. The terms written in capital letters in this Contract shall have the meanings described in the paragraphs of Article 1 above and those described below:

  • (a) Client shall mean the part of the Professional Agreement other than the part transferring the goods or providing the service;
  • (b) Contents shall mean any content that the User may upload on the Website, such as text, drawings, music, sounds, images, pictures, videos, trademarks, logos, information, personal data and any other content belonging to the User or to third parties.
  • (c) Swap Agreement shall mean the barter contract or performance for whatever kind of performance entered into by the Users of the Website in the Swap Section.
  • (d) Professional Agreement shall mean the barter contract or performance for whatever kind of performance entered into by the Users of the Website in the Earn Section;
  • (e) Gift shall mean the function that allows the User to give Points to other Users;
  • (f) Profile (on the website called “My Wall”) shall mean the webpage of the Website containing the information relating to the User, uploaded by the User on the Website;
  • (g) Points (identified on the Website with a pink ribbon icon) shall mean the points that W&W gives to Users for certain activities, such as the registration on the Website, the completion of the Profile, the introduction in the Community of other Users, the performance of specific activities and of the activities outlined in Article 14;
  • (h) Services shall mean the services offered by for a fee W&W to the Users, that W&W may activate in the future;
  • (i) Complaint Service shall mean the complaint service activated by W&W for the complaints, the claims and the reports made by Users or third parties.

1.5. W&W and the Users are independent, act with full autonomy and independence, and are not linked by any other bond other that this Contract. The Contract does not create between them any relationship such as collaboration, agency, association, intermediation or employment.

Article 2: Description of the service

2.1. The Website is a social network designed for women and mothers who wish to share their family experiences, enhance their professionality, get to know each other either in person or over the Internet and, more generally, perform the activities available through the Website.

2.2. Men can also visit the Website but cannot create a profile nor interact (for example, by exchanging messages or concluding contracts) with registered Users. This restriction is aimed at creating a safe environment where women can freely express their own personalities and opinions and is necessary to prevent the Website from turning into a website with different purposes such as, in particular, a dating website.

2.3. W&W is made of the following sections: (i) the Share Section, (ii) the Earn Section and (iii) the Swap Section. Each Section can offer both free and paid services. W&W may modify, reduce or add new sections, as well as modify, reduce or add new services; the Users shall have no claims against W&W. Only W&W is entitled to assess the opportuneness of specific services and sections.

Therefore, it is understood that the Users accept the Website as a whole, and accept its individual sections, services and components, and have no right to particular configurations, even if these were available for a long time.

2.4. The Share Section gives access to all the functions related to socialization, meeting and sharing between Users. The functions of the Share Section allow the Users to:

  • get to be known by the community and express their interests and needs through the exchange of information, photos, videos and more;
  • exchange opinions, comments, information on particular topics;
  • organize groups;
  • organize events, when it will be possible to do so ​​through W&W.

The use of the Share Section is free of charge and available immediately after the registration and the creation of the User Profile.

W&W reserves the right to include paid services in the Share Section and to allow free access to paid services in the Share Section to Users with particular characteristics, who perform particular activities, who have special merits and whenever it will deem appropriate

2.5. The Earn Section provides useful functions for the Users’ professional promotion and for the development of their business ideas.
The functions of the Earn Section allow the Users to:

  • find a display window for their profession, where they can offer and make available to the community their experience and give visibility to their business and their work. The Users may also insert information about their work, career, experiences, skills, attitudes, products, etc.;
  • create free sharing experimental laboratories for their business ideas, in other words virtual spaces where ideas and attitudes are transformed into potential job opportunities. The Section provides the Users who are working, or wanting to start a new business or professional activity, the ability to share new projects and ask other Users to join in;
  • increase the community awareness with regard to the lack of specific professional services or products for women and mothers, as well as promote such services and products through new ideas;
  • find business partners;
  • find professionals offering their services/products.

The use of this Section is free of charge for the Users that only want to purchase goods or services, while it is charged (the duration of the subscription to the service shall be established by W&W) for the Users that want to offer goods or services or take advantage of other opportunities offered by the Section;
W&W reserves the right to allow free access to paid services to Users who have particular characteristics, who perform particular activities, who have special merits and whenever it will deem appropriate.

2.6 The Swap Section allows the Users to exchange goods (like clothes, objects, houses, time, etc.) or services.
The functions of the Swap Section allow the Users to:

  • post pictures and descriptions of products and services available for the “swap”;
  • consult the items available through a filter mechanism according to the product group, the geographical area, etc.;
  • get in touch with Users in order to arrange the modalities for the exchange.

The use of this Section is free of charge if Users access to basic functions; it may be charged if Users access to higher-level functions such as, for example, home exchange (the duration of the subscription shall be established by W&W).

W&W reserves the right to allow free access to paid services to Users who have particular characteristics, who perform particular activities, who have special merits and whenever it will deem appropriate.

2.7. In the Website and in any Section of the Website, W&W may make targeted advertising, according to the Users’ preferences and tastes.

Article 3: The Contract

3.1. By registering on the Website or also by using the Website, the User enters into a contract with W&W Ltd, governed by Italian law. The Contract is in Italian but are avaliable non official transalation in English. In case of differences between the two languages the Italian version shall prevail.
Before registering on the Website or using the Website, the User shall carefully read the Terms of Use and the Privacy Policy. With the registration or use of the Website, the User agrees to respect the provisions of the Terms of Use and the Privacy Policy, and to give true personal data and to protect the credentials of access that she may choose. The User also agrees not to let third parties use her profile and agrees that if that will occur the User will be responsible for the conduct of those who have used her Profile.
If the User register herself on the Website, W&W will send a notice of confirmation to the email communicated by the User; the User shall click the link included in such notice in order to complete the registration. The Contract shall be deemed signed at the end of the registration process.If the User does not register herself on the Website but only uses the Website, W&W will not be able to send the email confirmation.
The User shall print a copy of the Terms of Use, of the web page of registration and of the email of confirmation, if any, and shall store them carefully.
W&W shall store in its archives a copy of the Terms of Use in force from time to time ad a copy of the registration request of the Users. The User will be entitled to request by writing a copy of the Terms of Use in force at the date of her registration ad a copy of her registrations my mean of registered mail addressed to W&W S.r.l., Via Panicale, 9, Firenze, Italia

3.2. To register to the Website, the User must be at least 18 years old and must fill in all the required fields on the registration form.

3.3. The Users who are not yet 18 years old can register or use the Website only with the consent of their parents, who will be responsible for and agree to monitor every activity of the minors on the Website. The minors shall indicate the email account of their parents.

3.4. The people who behave in contrast with the Conditions of Use of the Website or the national law, and who have already been deleted from the community by the staff of W&W cannot register herself on the Website.

3.5. The User agrees not to provide false personal information or create a profile on behalf of another person without her consent, to create no more than one profile, not to share their credentials of access and to keep them secret, not to allow others to access her Profile or take any other action that could jeopardize the safety of her Profile.

3.6. W&W is not responsible for any misuse of the identity of another User.

3.7. W&W reserves the right to modify at any time and without notice the Website, as well as the Contract or the Terms of Use, without providing individual notice to the Users, only by posting a notice on the home page of the Website for at least eight days. The amendments to the Terms of Use shall be effective after thirty days from the publication of the notice.

If the User does not accept the modifications:

  • (a) if she has paid for one or more subscriptions, she shall send a letter with advice of delivery to W&W, to be sent no later than ten working days from the last day of publication of the notice on the homepage of the Website, by way of which she will exercise the right to withdrawal from the contract, indicating the bank account on which she wishes to obtain any refund and asking W&W to erase her profile. In this case, W&W will delete the Profile and refund the amounts paid for the services which have not yet been used, minus the cost for the refund, within six months from the receipt of the letter; no interest shall accrue on such sums. Failure to withdraw implies acceptance of the modification to the Contract or to the Terms of Use.
  • (b) if she has not paid for any subscription, she shall close down her Profile. Failure to close down the Profile implies acceptance of the modification to the Contract or to the Terms of Use.

3.8. The User is free to delete her Profile at any time through the option “Delete Profile” available in the settings of the Website.
When the User deletes the profile, the Contract loses effect, but for the clauses which, by their nature, are intended to survive the termination of the contract (for example, the clause on applicable law and jurisdiction). Once the Profile is deleted, the Profile will be no longer available and the User will lose all data, materials, content, messages and information uploaded on the Profile. The User agrees to give up the subscription fees unused (eg. for a Premium Profile, etc.) and the prices for services not used and to waive the Points earned, which are not refundable. The User, however, may give the Points to other Users by sending a Gift.

3.9. W&W may close down the User Profile in case of relevant violations of the Contract or of the Terms of Use, in case of violations of criminal law, tax law, intellectual property rights of third parties, if the User behaves in a discriminative way (eg., for reasons of sex, race, religion, political opinion, personal, social, sexual preference, or any other reason), and in all cases where the User behaves in a discriminatory or unfair way to other Users and in the other cases specified in the Terms of Use.

3.10. When W&W closes down the Profile, the Contract loses effect but for the clauses which, by their nature, are intended to survive the termination of the contract (for example, the clause on applicable law and jurisdiction). Once the Profile is deleted, the Profile will no longer be available and the User will lose all data, materials, content, messages and information uploaded on the Profile. As a penalty, the User shall lose the Points and the subscription fees (eg. for a Premium Profile, etc.) and the prices for the services not yet used, without prejudice to the right of W&W to claim additional damages.

3.11. In any case, W&W reserves the unchallengeable right, expressly accepted by the User, to terminate this Contract at any time without having to justify its decision. In such case, W&W shall only reimburse the User the subscriptions fees and the prices for services that have been paid but not yet used. The refund of Points is always excluded; the User agrees to lose her Points in case of interruption for any reason of the relationship with W&W. If allowed by W&W, the User may always give her Points to other Users by sending a Gift.

3.12. If the User acts or behaves in violation of the Contract or of the laws of Italy or elsewhere, W&W is entitled to temporarily or permanently suspend the services provided to the User through the Website and is entitled to terminate the Contract for the User’s failure to comply with her obligations, by way of an e-mail notice to be sent to the mailbox indicated by the User on her Profile.

3.13. In compliance with the laws in force, W&W may suspend all or part of the services covered by the Contract, delete the Contents uploaded by the User, prevent third parties from accessing the Contents uploaded by the User, when it has reason to believe that the User behaves in violation of the law, or in anyway is violating the rights of third parties, and when it is so requested by a judicial or administrative authority with supervisory functions (eg., AGCOM, Garante della Privacy, etc.).

3.14. The User understands, acknowledges and agrees that W&W does not guarantee the accessibility to the Website and the speed of the upload and of the information transfer, because partially dependent on services provided by third parties, technologies and infrastructures of third parties and also because the Internet is not under the control of W&W.

3.15. The obligations of W&W deriving from this Contract and more generally with the social contact between the User and W&W are obligations of means, therefore W&W does not have any obligation of results with respect to the services provided through the Website.

3.16. The User understands, acknowledges and expressly agrees that the information circulating through the Website is clear and not encrypted and that it will be accessible to all the people that will be chosen by the User on her Profile settings.

3.17. The User agrees to use hardware and software which are suitable for the use of the Website, including operating systems that reduce the possibility of unauthorized access, suitable anti-virus and firewall properly configured and updated daily, and agrees to make regular backups of her personal data, of her Contents and of all the contents she uploads on the Website.

3.18. The User shall bear the cost for the connection to the Internet and the other costs not related to W&W services.

3.19. The User that is a consumer and is registered has the right of withdraw provided for by the art. 64 of the Consumer Code (D.Lgs. 6-9-2005 n. 206) and by the other relevant rules, if any (e.g. Delibera AGCOM 23 novembre 2006, n. 664/06/CONS and following amendments, etc.).

Right of withdrawal may be exercised by making written notification, no later than ten working days from the conclusion of the Contract or no later than the different term provided for in the article 65 of the Consumer Code, by recorded delivery (with notification of receipt).
Notification may also be sent, by the same term, by telegram, telex, e-mail or facsimile machine, provided that confirmation is also given by recorded delivery (with notification of receipt) by no later than 48 hours thereafter; the letter shall be understood to have been sent in good time if delivered to a post office accepting the delivery no later than the term above indicated. Notification of receipt, however, shall not be considered sufficient for the exercise of any right of withdrawal.
The same right of withdrawal can be excercised within ten working days from the consumer’s request of a new service offered by W&W for a fee.
If the consumer has paid a fee for one or more services and she has exercised the right of withdrawal according to the provisions of the law, W&W will to refund the amount related to the service for which the right of withdrawal has been exercised, free of charge, in the shortest possible time, and never any later than thirty days after the date upon which W&W was informed of the consumer’s intention to withdraw. Such sums shall be understood to have been refunded if they are effectively returned, sent or credited with an effective date of no later than the termination of the period previously indicated.

3.20. The IT systems and files of W&W can be used as evidenze in the proceedings and lawsuits between the User and W&W.

Article 4: Personal data

4.1. Upon registration or when using the Website, the User must carefully read the Terms of Use and the Privacy Policy, so as to be well aware when expressing her consent to the processing of her personal data. The User waives her right to claim pecuniary or non-pecuniary damages against W&W, resulting from a non-careful reading of the Terms of Use and of the Privacy Policy.

4.2. Some of the data uploaded by the User may be sensitive data. For example, some information, indication or content, especially photographs and videos, which Users may upload on the Website could reveal the ethnic origin, sexual orientation, religious or political belief of the User or of third parties. In this respect, save upon the obligation to comply with italian law with regard to the processing of personal data, the User agrees not to treat unlawfully the data and
assumes full responsibility for the consequences that the uploading of contents on the Website may determine on her and third parties’ privacy.

4.3. At any time the User can change or cancel, or ask to remove, all the information, data, materials, content that directly relate to the User, by accessing the options “edit and delete profile” in the settings of the Website. However, if the information, data, contents have been shared with third parties (for example, if third parties had them copied, quoted, printed, saved on their computers, etc..) the modification or deletion will not be possible. Therefore, when uploading information, data, materials, content on the Website, the User is aware that they may not be modified or deleted and that, however, the User grants to W&W the license provided for in the following articles.

4.4. The User agrees not to give personal data of third parties. If she does so, she shall provide third parties with the appropriate Privacy Policy as prescribed by the law and obtain the necessary consent, and transmit to W&W a written copy of the Privacy Policy and of the consent with a declaration, signed by the User, with which she assumes full responsibility and agrees to indemnify W&W from any negative consequence thereof.

Article 5: Obligations of the User

5.1. When using the various services offered by W&W, the User agrees to abide by the laws in force in Italy and in the country where she resides or is established or operating even temporarily and, more generally, to be most respectful to the community of Users, to single individuals and to third parties who are not Users of the Website. For example, the User can not send or post contents which are offensive, defamatory, libelous, pornographic, obscene, abusive, illegal, racist, harmful to minors, discriminatory, or which violate the privacy, the copyright and whatever other content that violates the law, that may offend or violate the rights or interests of other Users, of W&W or third parties. Any violation of these rules allows W&W to remove at any time and without prior notice any Content deemed inappropriate or violating the rights of others and close down the User Profile.

5.2. Just as an example, which is not exhaustive, with the conclusion of the Contract the User agrees to abide by the Contract and therefore, but not only:

  • 1) to maintain one Profile only;
  • 2) not to violate the intellectual or industrial property rights of W&W;
  • 3) not to violate the intellectual or industrial property rights of other Users or of third parties;
  • 4) to use a hardware and a software suitable for the use of the Website;
  • 5) to keep secret the credentials of access;
  • 6) not to let a third party use her Profile;
  • 7) not to transfer her Profile to third parties;
  • 8) to comply with all criminal laws, tax laws and other mandatory rules of the place where the User resides or is established or operating even temporarily;
  • 9) to respect the other Users;
  • 10) to make sure that all Contents, personal data and information uploaded on the Website are true, accurate and updated;
  • 11) to comply with the Terms of Use;
  • 12) not to use or post spam, chain letters or pyramid selling schemes;
  • 13) not to spread viruses or any other technology designed to cause damage to W&W or to other Users;
  • 14) not to copy, modify or distribute the Website, its Content, except if permitted, and, in particular, the information, materials and content that are protected by industrial property rights or intellectual property rights of W&W, of other Users or third parties;
  • 15) not to copy or collect in any way information on Users or on their personal data, without their consent;
  • 16) not to transfer to third parties, whether for free or not, information on Users or their personal data, without their consent;
  • 17) observe the rules of netiquette generally used on the Web.

5.2. The User shall be responsible and follow the procedures for the communications to be made to the Authorities with regard to the activities performed by the User through W&W, and shall bear the costs for such communications. For example, the communications regarding the sale of goods or the performance of services, the processing of personal data, the enforcement of intellectual or industrial property rights, publishing, the retention of traffic data and any other communication that may be applicable in Italy or where the User operates.

Article 6: Limitation of liability

6.1. The User agrees that the Website and all its contents and materials are provided to Users “such as they are” and that the Website is ​​available by means of third party services (e.g. Internet service providers, connectivity providers, hosting providers, etc.). W&W does not guarantee that the Website and services provided by the Website will be uninterrupted or error free, that the Website is reliable, safe, of satisfactory quality or free from viruses or other harmful components, that the Website is always available. In particular, the User agrees that error-free software do not exist, and that it is possible that the service providers may interrupt the sevice.

6.2. For the reasons set out in paragraph 6.1., except in cases of willful misconduct or gross negligence and the others specified by the law, W&W will not be liable for any damage suffered by User, even if indirect or unforeseable, for any loss of data, income, assets or profits suffered by the User, for any damage claim by the User because of the availability or unavailability of third party websites or the reliance of the User on advertising, products, services or other content or materials available through the websites of third parties, for any claims for damages by the User based on products or services provided by third parties through the Website or based on services provided by third parties, for the violation of rights of third parties, for the unavailability of the Website, the unavailability of the services that W&W uses to maintain the Website online.
In any case, always within the maximum extent permitted by the the applicable law, the responsibility of W&W towards the User shall not exceed the amount paid by the User to W&W over the last year, and anyway up to the maximum amount of EUR 100.00 (one hundred).

Article 7: Intellectual property rights of W&W

7.1. The trademarks, logos and other content uploaded by W&W on the Website, such as text, drawings, icons, images, photographs, videos, audio and any other content, although not protected by intellectual property or industrial rights, are owned by W&W, or licensed to it, and protected by copyright, trademark and other relevant intellectual property and industrial rights. Such trademarks and contents may not be reproduced, used or represented without the prior written consent of W&W or of the lawful owner Some of these trademarks, logos, contents, etc. uploaded by W&W may not be owned by W&W but by third parties who granted to W&W a license to use them. In this case, the above activities must be authorized by W&W or by the lawful owner.

7.2. The User shall indemnify W&W from any pecuniary or non-pecuniary damage, even if unforeseeable, arising from a breach of industrial and intellectual property right or other rights linked to them on the materials described in article 7.1. and shall indemnify and hold harmless W&W from the negative consequences, including legal and technical fees, resulting from the infringement of these rights by the User or by third parties due to the conduct of the User.

Article 8: Intellectual property rights of the User and of third parties

8.1. The User can not upload Contents, such as text, drawings, icons, images, photographs, video, audio and any other content, even not protected by intellectual or industrial property rights, and any other material that she is not entitled to upload under Italian law and the law of the place where she resides, stays or operates even temporarily, or as a result of a contract or of third parties’ rights. As an example, which is not exhaustive, the User can upload Contents that she has created without copying Contents protected by intellectual property rights of third parties, can upload non-original Contents for which she obtained a prior written authorization from the owner, can upload Contents consisting in a collective work for which she obtained the authorization by all the owners of the copyright and the other related rights, can upload Contents in the public domain, but she can not upload Contents that has been copied in whole or in part from a third party without having been duly authorized, she can not upload Contents that for which she has not obtained all the necessary authorizations in writing and she can not upload Contents that are protected by confidentiality agreements.

8.2. Any violation of these rules entitles W&W to delete the User Profile or to remove at any time and without prior notice any Content deemed inappropriate or in violation of the rights of third parties, and, in cases of serious violation of the Terms of use, to close the down the User Profile.

8.3. The User can modify or cancel at any time the Content uploaded on the Website, unless they have been shared with third parties (for example, if third parties have them copied, quoted, printed, saved on their computers, etc.). In this case, the modification or cancellation will not be possible or will not be complete. Therefore, when uploading Contents on the Website, the User is aware that she may not be able to modify or delete them and that, however, the User grants to W&W the free and irrevocable license provided for in the next paragraph.

8.4. In addition to the foregoing, when loading any Content on the Website, be it protected or not by intellectual or industrial property rights, the User grants to W&W the right to copy, modify, alter, improve, distribute, disclose to the public, publish, remove, retain, add, process, analyze, use and commercialize the Content itself, by way of any technique or means at present available or that will be available in the future. Such right is non-exclusive, irrevocable, perpetual, extended to the whole world, unlimited, transferable to third parties on a permanent or temporary basis, free of charge.

8.5. The User shall indemnify any pecuniary or non pecuniary damage, even if unforeseeable, suffered by W&W as a consequence of a breach of the obligations provided for in Article 7, and shall indemnify and hold harmless W&W from the negative consequences, including legal and technical fees, resulting from a breach of these obligations by the User or any third party as a result of the User’s conduct.

Article 9: Liability

9.1. The User is solely responsible for the Contents that she uploads on the Website. The User may not upload Contents which she is not entitled to upload or that violate criminal, administrative, tax laws, mandatory rules or third party rights.

9.2. The User acknowledges that W&W is not an auction site nor an intermediation site, but only a virtual place where Users can meet. W&W plays no role in the contracts concluded between the Users through the Website and can not check the statements made by the Users. Therefore, W&W is not liable for the quality, safety, lawfulness of the items or services advertised and can not verify the truthfulness and accuracy of the postings or the ability of the Users to abide by the contracts they conclude.

9.3. The Users exempt W&W from any liability associated with the contracts that they enter into through the Website and with any activity performed by the Users through the Website. W&W is not responsible for economic losses, goodwill or reputation damage, or for any direct, indirect or consequential damages resulting from the use of Website
and of the services of W&W.

9.4. Except in cases of willful misconduct or gross negligence by W&W, the User waives the right to any claim against W&W for the communication or diffusion by other Users of information or personal data that the User considers to violate her image, portrait, privacy, personal identity, oblivion, honor, reputation, goodwill, and any other commercial image right or interest, and for any conduct by Users of the Website, even external to the Website, that the User may deem to cause pecuniary or non pecuniary damages.

9.5. Except in cases of willful misconduct or gross negligence by W&W, the compensation for the damages suffered by a User for which W&W is liable is limited to the amount paid by that User to W&W in the previous twelve months, and anyway up to the maximum amount of EUR 100,00 (one hundred euros).

9.6. The User agrees to indemnify and hold harmless W&W as well as its employees, managers, agents, any company of the same group and their employees, from any claim or request, including legal fees, made by third parties caused by or arising from a breach of Contract or violation of any law or of the rights of third parties.

9.7. For further clarification or as an integration to the provisions set out in the previous paragraphs, the User assumes all the responsibility, agrees to indemnify and hold harmless W&W from damage claims by third parties arising from any activity performed through the Website, from products or services offered or advertised through the Website, from any Contents uploaded on the Website, and from any other relationship between the User and W&W. The User will bear, or if already advanced by W&W will reimburse, all the legal and technical costs for gathering the evidence, for the travels of witnesses also, and for any other expense connected indirectly to any judgments. It is understood that W&W has the right to choose its lawyers and consultants.

Article 10: Third-party websites

10.1. The Website may contain hyperlinks to third party websites from which Users can purchase products and services.

10.2. The use of third party websites is subject to the terms and conditions provided by the specific website. W&W is not responsible for the purchase of products or services provided by third-party websites, and it does not control the content of third party websites. Any claims for damages relating to products or services provided by third-party websites, or linked to whatever type of damage suffered by the User resulting from the use of third-party website should be directed to the specific website.

Article 11: Rules of the Share Section

11.1 In the Share Section, Users can create their own profile with descriptions, pictures, friends, a wall, indicating their place of residence etc. Moreover, Users can create and/or take part in discussion groups on topics of personal or professional interest etc.

11.2. When performing the activities of the Share Section, Users must comply with the obligations provided in all the articles of the Terms of Use, and, in particular, but not only, they must comply with Italian law and with the law of the place where they reside or are established, with the law of the place where the other Users reside and any other law applicable to the activity performed.

Article 12: Rules of the Earn Section

12.1 In the Earn Section, Users can offer goods or services for money, and perform other activities that are permitted in the Section. The following paragraphs set forth the rules for the conclusion of contracts through the Earn Section.

12.2. In the Earn Section, it is allowed to request money as the price for the supply of goods or performance of services.

12.3. In the Earn Section, Users conclude sale contracts, rent contracts, professional performance contracts, as well other configurable contracts, but always and in any case maintaining their autonomy from W&W.

12.4. If the contract relates to goods, the parties conclude a contract of sale or rent or other configurable contracts. If the contract relates to services, the parties conclude a performance contract or another configurable contract. If one of the parties is a consumer, the rules of the Consumer Code or the corresponding provisions contained in the law governing the contract will also be applied. In any case, the price will be determined only by the parties and the parties renounce to determine the compensation in other ways from the conventional calculation. If one of the parties to the contract is a professional User, she will have to comply with the rules of professional conduct governing her profession. When the applicable law provides for activities reserved to specific categories of persons or special qualifications, authorizations, licenses, etc., the User who is not duly qualified can not perform the activity.

12.5. In any case, the User who offers goods or services through the Earn Section agrees to comply with the rules in force in the place where she resides or is established for the sale of goods or the performance of services covered by the Professional Agreement and, in particular, but not limited to, the taxation rules.

12.6. The User wishing to conclude a Professional Agreement must first verify if the law of the place where she resides or is established or operating when negotiating the contract provides for rules regarding the transfer of goods or the performance of services which she will transfer or perform with the contract. If such rules exist, the User agrees to comply with them. In any case, the User agrees to act fairly and in good faith, to comply with the tax rules applicable to the contract and not to perform any act of discrimination.

12.7. The User wishing to conclude a contract shall indicate which item she is willing to sell or what service she is willing to provide and the price she asks for.

12.8. It is not possible to ask for Points along with the money.

12.9. If the declaration relates to a good, the User must specify the conditions under which she is willing to transfer it (sale, rent, etc.). For example, just with counterparties residing in the same city of the User or other reasonable conditions, etc., the name of the manufacturer if known, when she bought the good, if it was bought new or second hand, the preservation status of the good, if it is still under warranty, if she has all the documents relating to the good, the place where she is willing to deliver the good, if the delivery costs are borne by the User or by other party, if an insurance is necessary for the transportation, Moreover, the selling party must provide all the useful information for other Users to evaluate the convenience of the deal.

12.10. If the declaration relates to a service, the User must indicate accurately and exactly the mode of performance of the service, the place where the service will be provided, the time when the service will be provided, her experience in providing similar services to the one she is willing to offer. Moreover, she must provide all the useful information for other Users to evaluate the convenience of the deal.

12.11. The statement made by the User is not binding and the User can withdraw it at any time before the conclusion of the Professional Agreement.

12.12. The statement made by the User constitutes an invitation to offer, which the User can address only to her Friends or to all Users.

12.13. When the User receives a proposal which she deems interesting, she communicates her acceptance and the Professional Agreement is concluded.

12.14. The Professional Agreement is governed by the Italian law if a party to the Professional Agreement is Italian; by the law of both parties if the parties reside in the same country; by the law of the country of the party that transfers the good or provides the service if the parties of the Professional Agreement reside in different countries.

12.15. The Professional Agreement is concluded when the counterparty who made the proposal receives notice of acceptance by the User.

12.16. The Professional Agreement is deemed to be concluded in Italy if one of the parties to the Professional Agreement is Italian, regardless of the place where the parties reside or are established at the time of the negotiation.
In the other cases, the Professional Agreement is deemed to be concluded in the place determined by the law applicable to the contract.

12.17 If the law of the place where the User who posted the offer on the Website resides or is established provides, by way of a mandatory provision, the right to withdrawal for distance contracts or in cases applicable to the Professional Agreement, such discipline shall integrate the contract and the User agrees, even with regard to W&W, to comply with such rules.

12.18. In case of disputes relating to the Professional Agreement, the parties agree to try to settle the case. If the conciliation fails, the parties agree to mediate the case before Organismo di Conciliazione di Firenze, under the Rules of Conciliazione Telematica available online at http://www.conciliazionefirenze.org/files/OCF_regolam_telematico_REV_9marzo11.pdf which the parties agree to read and accept by signing the Professional Agreement.
If the mediation procedure does not end with a settlement, the Italian judicial authorities will have exclusive juridisction and the Court of Florence will be exclusively competent to decide the case, unless otherwise established by the applicable mandatory rules.

In any case, the parties to the Professional Agreement declare and expressly agree that W&W is no way involved in the Professional Agreement and in any disputes that may arise between them relating to the Professional Agreement or other relationships, including non-contractual ones, and both agree to indemnify and hold harmless W&W from any damage or negative consequence that it may suffer from the Professional Agreement, from its voidness, from the failure to comply with its obligations, from a late performance, its performance, from acts or facts related to the contractual agreement.

12.19. In addition to the obligations provided by this Contract, the use of the Earn Section is subject to the specific requirements listed below.
The User can not:

  • a) offer products or services which are prohibited. The prohibited products or services are those which are prohibited by the Italian law, the law of the place of residence of the User, the law of the place where the User is established, the law of the place of residence of the counterparty of the Professional Agreement, the law of the place where the counterparty is established, and any other law applicable to the Professional Agreement; moreover, the products or services for which W&W decided not to allow the transfer or performance through the Website. If the User does not agree with this decision of W&W, she can not conclude the Contract or, if she concludes the Contract, W&W may terminate the contract for failure of the counterparty, by way of an e-mail communication, or it may exercise the right to withdrawal, free of charge, by way of an e-mail communication.
  • b) violate the law, regulations, judicial decisions and administrative measures that take effect in Italy, in the place where the User resides or is established, in the place where the counterparty to the Professional Agreement resides or is established. Among the violations of the law, particularly relevant are the violations of intellectual and industrial property rights, those relating to misleading advertising, those relating to privacy, those relating to product safety;
  • c) violate the obligations arising from a contract to which the User is a party (for example, if the User has contractually agreed not to transfer a good or not to provide a service or to keep confidential information, etc.);
  • d) violate the obligations arising from the Contract, and therefore also the Terms of use and the other provisions that integrate the Contract;
  • e) violate the obligations arising from the Professional Agreement. For example, the User must hand over the objects or provide the service at the agreed time and place, and according to the other conditions agreed upon etc.;
  • f) communicate through the Website or through other communication channels misleading information about products or services object of the contract;
  • g) make communications, representations or statements to the counterparty or to W&W, which are false, incomplete, misleading, defamatory or slanderous with regard to the goods or services object of the Professional Agreement, with regard to the User, to the counterparty, to the third parties, to W&W, to the Website, to the relationship with the third parties regarding products or services covered by the Professional Agreement;
  • h) perform any activity that might, even indirectly, influence in a wrong wat the evaluation of W&W and of the other Users with regard to the User, the products or services offered by the User, the behaviour of the User within the community of the Website, the relationship between the User and other Users, any contract with a counterparty.

Article 13: Rules of the Swap Section

13.1. In the Swap Section the Users can use the Swap Service, which allows them to sell products or provide services in exchange for other products or services and, in case, for Points.
13.2. In the Swap Section it is prohibited to ask for money, but it is possible to request that the delivery costs of the goods be borne by the other party to the Swap Agreement.
13.3. In the Swap Section, the Users conclude contracts, defined Swap Agreements, and act autonomously from W&W.
13.4. If the Swap Agreement relates to goods, the parties conclude a barter contract or a different contract if configurable. If the Swap Agreement relates to services, the parties conclude a performance contract or a professional performance contract or a different contract if configurable. If one of the parties is a consumer, the rules of the Consumer Code or the corresponding provisions contained in the law governing the contract shall be applied. In any case, the price will be determined only by the parties and the parties renounce to determine the compensation in other ways from the conventional calculation. If one of the parties to the contract is a professional User, she will have to comply with the rules of professional conduct governing her profession. When the applicable law provides for activities reserved to specific categories of persons or special qualifications, authorizations, licenses, etc., the User who is not duly qualified can not perform the activity.
13.5. In any case, the User who offers goods or services through the Swap Service agrees to comply with the rules in force in the place where she resides or is established for the sale of goods or the performance of services covered by the Swap Agreement and, in particular, but not limited to, the taxation rules.
13.6. The User wishing to conclude a Swap Agreement must first verify if the law of the place where she resides or is established or operating when negotiating the contract provides for rules regarding the transfer of goods or the performance of services which she will transfer or perform with the Swap Agreement. If such rules exist, the User agrees to comply with them. In any case, the User agrees to act fairly and in good faith, to comply with the tax rules applicable to the contract and not to perform any act of discrimination.
13.7. The User wishing to conclude a contract shall indicate which item she is willing to swap or what service she is willing to provide, and the item she is willing to accept in permutation or the service she might accept as a compensation.
13.8. It is possible to ask for Points, goods or services, or a combination of them, in compliance with the laws in force and the rules that will be provided by W&W. In exchange for the good or service that the User is willing to swap, it is not allowed to ask for money, not even along with Points, goods or services. If the User wants to ask for money, she shall use the Earn Section and conclude Professional Agreements.
13.9. If the declaration relates to a good, the User must specify the conditions under which she is willing to permute it (e.g., only with counterparties residing in the same city of the User or with other reasonable conditions, etc.), the name of the manufacturer if known, if the good is new or second hand, the preservation status of the good, if the good is still under warranty, if she has all the documents relating to the good, the place where she is willing to deliver the good, if the delivery costs are borne by the User or by other party to the Swap Agreement, if an insurance is necessary for the transportation, and ahe must provide all the useful information for other Users to evaluate the convenience of the deal.
13.10. If the declaration relates to a service, the User must indicate accurately and exactly the mode of performance of the service, the place where the service will be provided, the time when the service will be provided, her experience in providing similar services to the one she is willing to offer. Moreover, she must provide all the useful information for other Users to evaluate the convenience of the deal.
13.11. The statement made by the User is not binding and the User can withdraw it at any time before the conclusion of the Swap Agreement.
13.12. The statement made by the User constitutes an invitation to offer, which the User can address only to her Friends or to all the Users of W&W.
13.13. When the User receives a proposal which she deems interesting, she communicates her acceptance and the Swap Agreement is concluded.
13.14. The Swap Agreement is governed by the Italian law if a party to the Swap Agreement is Italian; by the law of both parties if the parties reside in the same country; by the law of the country of the party that transfers the good or provides the service if the parties of the Swap Agreement reside in different countries.
13.15. The Swap Agreement is concluded when the counterparty who made the proposal receives notice of acceptance by the User.
13.16. The Swap Agreement is deemed to be concluded in Italy if one of the parties to the Swap Agreement is Italian, regardless of the place where the parties reside or are established at the time of the negotiation.
In the other cases, the Swap Agreement is deemed to be concluded in the place determined by the law applicable to the contract.
13.17. If the law of the place where the User who posted the offer on the Website resides or is established provides, by way of a mandatory provision, the right to withdrawal for distance contracts or in cases applicable to the Swap Agreement, such discipline shall integrate the contract and the User agrees, even with regard to W&W, to comply with such rules.
13.18. In case of disputes relating to the Professional Agreement, the parties agree to try to settle the case. If the conciliation fails, the parties agree to mediate the case before Organismo di Conciliazione di Firenze, under the Rules of Conciliazione Telematica available online at http://www.conciliazionefirenze.org/files/OCF_regolam_telematico_REV_9marzo11.pdf which the parties agree to read and accept by signing the Swap Agreement.
If the mediation procedure does not end with a settlement, the Italian judicial authorities will have exclusive jurisdiction and the Court of Florence will be exclusively competent to decide the case, unless otherwise established by the applicable mandatory rules.
In any case, the parties to the Swap Agreement declare and expressly agree that W&W is no way involved in the Swap Agreement and in any disputes that may arise between them relating to the Swap Agreement or other relationships, including non-contractual ones, and both agree to indemnify and hold harmless W&W from any damage or negative consequence that it may suffer from the Swap Agreement, from its invalidity, from the failure to comply with its obligations, from a late performance, its performance, from acts or facts related to the contractual agreement.

13.19. In addition to the obligations provided by this Contract, the use of the Swap Section is subject to the specific requirements listed below.
The User can not:

  • (a) offer products or services which are prohibited. The prohibited products or services are those which are prohibited by the Italian law, the law of the place of residence of the User, the law of the place where the User is established, the law of the place of residence of the counterparty of the Swap Agreement, the law of the place where the counterparty is established, and any other law applicable to the Swap Agreement; moreover, the products or services for which W&W decided not to allow the transfer or performance through the Website. If the User does not agree with this decision of W&W, she can not conclude the Contract or, if she concludes the Contract, W&W may terminate the contract for failure of the counterparty, by way of an e-mail communication, or it may exercise the right to withdrawal, free of charge, by way of an e-mail communication.
  • (b) violate the law, regulations, judicial decisions and administrative measures that take effect in Italy, in the place where the User resides or is established, in the place where the counterparty to the Swap Agreement resides or is established. Among the violations of the law, particularly relevant are the violations of intellectual and industrial property rights, those relating to misleading advertising, those relating to privacy, those relating to product safety;
  • (c) violate the obligations arising from a contract to which the User is a party (for example, if the User has contractually agreed not to transfer a good or not to provide a service or to keep confidential information, etc.);
  • (d) violate the obligations arising from the Contract, and therefore also the Terms of use and the other provisions that integrate the Contract;
  • (e) violate the obligations arising from the Swap Agreement. For example, the User must hand over the objects or provide the service at the agreed time and place, and according to the other conditions agreed upon etc.;
  • (f) communicate through the Website or through other communication channels misleading information about products or services object of the contract;
  • (g) make communications, representations or statements to the counterparty or to W&W, which are false, incomplete, misleading, defamatory or slanderous with regard to the goods or services object of the Swap Agreement, with regard to the User, to the counterparty, to the third parties, to W&W, to the Website, to the relationship with the third parties regarding products or services covered by the Swap Agreement;
  • (h) perform any activity that might, even indirectly, influence in a wrong wat the evaluation of W&W and of the other Users with regard to the User, the products or services offered by the User, the behaviour of the User within the community of the Website, the relationship between the User and other Users, any contract with a counterparty.

Article 14: Points

14.1. W&W reserves the right to give to the Users the Points that, each time, W&W shall deem appropriate in relation to the activities carried out by the Users on the Website. For example, W&W can give Points at the time of registration, but is not obliged to give the same number of points to all Users, it can give Points for particular activities, such as the introduction of a new User in the Community, it can give Points for artistic, scientific or relation merits, and for any other reason that each time it will decide at its sole discretion. W&W may also award Points for a fee, or in relation to the subscriptions to services or in any other way.
14.2. W&W may create periodic or non-periodic rankings of Users according to their Points, even for individual areas, and may award symbolic prizes (for example, an interview on the home page or any other prize) to Users in certain positions of such rankings.
14.3. Therefore, the Users expressly agree that the Points have not a fixed value and are not refundable nor can be used as a currency.
14.4. The Users can give to other Users one or more Points by using the Gift function.
14.5. Points are cancelled at the time of cancellation, for any reason, of the Profile, and at the time of the termination, for whatever reason, of the Contract.

Article 15: Complaints

15.1. For any complaint, dispute or denunciation the User shall use the Complaint Service and the related procedures. Written complaints can be sent to W&W S.r.l. with sole shareholder, Via Panicale, 9, Florence, Italy.

Article 16: Tolerance

16.1. Any tolerance or failure to exercise any of its right by W&W with renard to the User shall not consitute a waiver of such right, which may be exercised by W&W at any time.

Article 17: Communications

17.1. W&W may validly communicate with the User by sending an not certified email to the address provided at the time of registration or modified later.
17.2. The User agrees to communicate immediately to W & W the modification of her email address.
17.3. The communications by W&W are lawfully received by the User within twenty-four hours from the sending of the email.

Article 18: Applicable law

18.1. This agreement and any relationship between the User and W&W and between the Users is governed by the Italian law.

Article 19: Mediation

19.1. In the event of any dispute between the parties arising out of or in connection with the present Contract, the parties agree to attempt the mediation procedure provided for by the OCF – Organismo di Conciliazione di Firenze, registered as n. 37 on the Register of the Mediation Bodies of the Ministry of Justice. The rules of mediation and the fees of the OCF shall be applied to the mediation proceeding; the parties are aware of such rules and fees. The procedure shall be activated by the most diligent party, through a request to the Secretary of OCF according to the OCF rules.
Notwithstandig the foregoing, if the mandatory rules entitles the User that is a consumer to activate the mediation procedure provided for by the Delibera AGCOM 19-4-2007 n. 173/07/CONS, such mediaton procedure will prevail on the OCG mediation procedure.

Article 20: Jurisdiction and competence.

20.1. Any dispute between the User that is not a consumer, or that is a consumer without domicile or residence in Italy, and W&W relating to the Contract, the registration, the use of the Website, shall fall within the exclusive jurisdiction of the Italian Judicial Authority, with exclusive competence of the Court of Florence. The parties agree to expressly and absolutely exclude any other forum.
If the User is a consumer, the Court of the place of domicile or residence of a consumer, if in Italy, shall have exclusive jurisdiction.

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