General subscription conditions

Last revision date: December 2th, 2020

The General Subscription Terms and Conditions set out below govern the provision to the User of the Subscription service for the services of the DISTRETTO20 application (hereinafter "DISTRETTO20") distributed by the company SPX Lab Srl, with registered office in Piazzetta Androlini, 1-5a - ZIP code 16124 Genoa, VAT number and tax code IT01999170994 and Registration with the Companies' Register of Genoa no. 451625 (hereinafter "SPX").
The User declares that he/she has previously read and taken note of the terms and conditions of this Subscription service for the selected Plan (hereinafter, "Service").
Activation of the Subscription implies full acceptance, without reservation, of these General Terms and Conditions (hereinafter "General Terms and Conditions").
These Terms and Conditions shall remain valid and effective until amended and/or supplemented by SPX. Any amendments and/or supplements to the General Terms and Conditions shall be automatically effective from the date they are published on www.distretto20.com. The latest version of the General Terms and Conditions is available at www.distretto20.com.

1) Preliminary Information

1.1. The Subscription is reserved for Users of legal age.

1.2. In order to use the Digital Subscription, the User must have an Internet connection, the cost of which is borne by the User, according to the terms established by his or her provider.
Equipment (tablets, computers, smartphones, applications, other telecommunications equipment, etc.) enabling access to the Subscription, as well as telecommunications costs necessary to use the Subscription, are the sole responsibility of the User.

1.3. SPX reserves the right to release updated versions of DISTRICT20 as well as to make changes, at any time, at its own discretion and without prior notice, to its platform, including but not limited to the software, texts and any other content, the methods of querying and/or presenting results, the graphical interface, without this entitling the User to withdraw from this Contract or to ask for a refund of the amount paid. It is understood that in the event that the updated version requires changes in the software or in the User's equipment, these must be carried out entirely at the User's expense.

2) Features of the Subscription

2.1. The Services are paid by subscription and have as their object the use of the services of publication of their digital showcase and the possibility to make video calls with their customers.

2.2. The User, for the entire duration of the Subscription, undertakes to keep his password with the necessary diligence and not to communicate, directly or indirectly, to third parties, and, in any case, not to allow third parties to use it. In any case of loss or theft of the password, the User shall send immediate notification by e-mail (helpdesk@distretto20.com) to SPX, which will deactivate the password within 24 (twenty-four) hours of receiving the notification and provide the User with a new password using the appropriate procedure.

2.3. By subscribing to the Subscription, the User will be able to use the features of creation, editing and publication of his own digital showcase on DISTRICT20 and the ability to receive video calls from their customers, for the entire period subscribed without further charges except for the cost of data traffic, which will correspond to the amount provided by telephone operators / providers on the basis of their own tariff plan.

2.4. SPX shall not be liable in any way for any interruption in the supply of the Subscription due to causes not directly attributable to SPX and/or beyond its technical control, such as dysfunctions of the telematics or telephone network. SPX's systems shall be relied upon for any assessment relating to the operation of the Subscription.

2.5 The Service may contain links to Internet sites operated by third parties. SPX does not control such sites and is not responsible for their content. The inclusion of such links by the Company does not imply any endorsement of the site in question or any association with its operators.

2.6. You may not sell, rent, lease, redistribute, disseminate, transmit, communicate, modify, license or transfer the contents of the Subscription to third parties. SPX reserves the right to block or suspend the provision of the Subscription at any time and without prior notice, and reserves the right to deactivate or permanently cancel your activation and all related information and/or block any future access to the Subscription by notifying you in writing via email.

3) Purchase and management of the Subscription

3.1. The User may purchase a Subscription by subscribing to one of the plans available on DISTRICT20 by following the instructions provided. It is possible to use an unlimited number of devices to take advantage of the Subscription.

3.2. Subscription to the Service is not suspended.

3.3. The User acknowledges that, in the event of a single unsuccessful payment, following checks carried out by the payment system in use, SPX reserves the right to suspend the Subscription and/or permanently cease providing it.

4) Duration of Subscription

4.1. These General Conditions are intended to apply for the entire duration of the Subscription, indicated at the time of purchase and, in any case, from activation and for the entire period in which the Subscription is actually rendered.

4.2. The Subscription will start from the date of activation and will last for the Subscription period chosen by the User.

5) Right of Withdrawal

5.1 Pursuant to art. 49, paragraph 4, Legislative Decree no. 206/2005 (Consumer Code), the User has the right to withdraw from the Subscription contract, without giving any reason, within 14 days from the subscription to the chosen plan.

5.2. In order to exercise the right of withdrawal, You must notify SPX of Your intention to withdraw from this Contract by means of an explicit statement sent by registered mail with return receipt or by email. The request shall be sent by PEC to the following address: amministrazione@pec.spxlab.com.
In order to comply with the withdrawal period, it is sufficient that the User sends the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from the contract, any payments you have made to SPX shall be refunded no later than 14 days after the day on which SPX receives the withdrawal notice.
Upon receipt of such notice within the above time period, SPX shall deactivate the subscription and refund the amount paid by You.

6) Costs of service

6.1. The User shall pay to SPX, as consideration for the Subscription, the amount indicated for the formula selected during the purchase phase, according to the terms and conditions indicated therein. Amounts are quoted in euros unless otherwise stated.
Depending on the subscription formula chosen, the User will make the payment as specified in the product sheet.

6.2. SPX reserves the right to change the subscription fee for the Services whenever it deems it necessary, by publishing it online at www.distretto20.com. By using the Service, you agree to keep yourself updated and aware of the terms and conditions and to inform yourself of any changes. The new terms and conditions will be effective automatically at the time of publication.

7) Payment methods

Payments for Subscriptions to DISTRICT20 are charged through the User's preferred app store account. You may choose to purchase a monthly or semi-annual subscription. Your subscription will automatically renew and your app store account will automatically be charged for the renewal unless you cancel at least 24 hours before the end of the current billing period. You may cancel at any time by accessing the subscription center of the applicable app store.

8) Disclaimer of Warranties

SPX disclaims all warranties beyond what is granted in these Terms and Conditions: It is understood that you will use the Services under your full and exclusive responsibility and that your use of the Services shall comply with all instructions provided by SPX.

9) Modification of the Contract

9.1. SPX reserves the right to suspend, modify or terminate the Subscription, in whole or in part, including its availability, frequency, content and price.

9.2. SPX reserves the right to vary the subscription fee for the Services by notifying you by posting it online on the Site. By using your Subscription, you agree to keep yourself updated and aware of the terms and conditions and to inform yourself of any changes.

9.3. The new terms and conditions will be effective automatically upon publication.

10) Obligations and Responsibilities of the User for the Use of the Subscription

10.1 You represent and warrant that: (i) that he/she is a consumer in accordance with the provisions of Article 3 of the Consumer Code; (ii) that he/she is of legal age; (iii) that the data provided by him/her for the execution of the Contract are correct and true; (iv) that he/she will update the data provided to DISTRICT20 whenever necessary.

10.2 The User is aware that he/she has no rights to the contents of the Subscription. Texts, videos, photos may not be transferred to third parties and may be copied only for archival and personal documentation purposes. Any other copying, distribution, modification or elaboration is prohibited and by signing this Agreement the User agrees to respect all copyrights and restrictions provided for the content accessed by the User through the Subscription.

10.3 If you are not of legal age, you shall refrain from activating the Subscription. SPX does not and cannot control the age or capacity to act of Users who activate the Subscription, and therefore SPX shall not be liable for the activation by Users who are under age.

11) SPX's Responsibilities

11.1 SPX is committed to maintaining the efficiency of the Subscription. If we are forced to interrupt the Subscription due to exceptional events or maintenance, we shall endeavour to keep periods of interruption and/or malfunction to a minimum.

11.2 SPX shall establish appropriate procedures for accessing the Subscription and reserves the right to improve such procedures at any time to increase the efficiency of the Subscription.

11.3 SPX shall provide the Customer with all technical specifications for accessing the Subscription.

12) Limitation of Liability

12.1 In no event shall SPX be liable for the failure of the Subscription to function properly due to force majeure, including but not limited to floods, fires, earthquakes, strikes, breakdowns, overloads and interruptions, even temporary, by the operators of telephone lines, electricity, worldwide and national networks.

12.2 No damages may be claimed from SPX for direct and/or indirect damages caused by the use or non-use of the Subscription.

12.3 In no event shall SPX be liable for the malfunctioning of services external to its servers, not expressly contemplated in the Contract and managed by third parties (search engine registration, app store payment systems, etc).

13) Intellectual property rights

13.1 DISTRICT20, the Website, the mobile site, the trademarks, logos, graphics, photographs, animations, videos, texts and any other content offered in the Subscription are the exclusive intellectual property of SPX or the third parties entitled thereto and may not be reproduced, used or represented without the express permission of the owners.

13.2 You agree to respect SPX's and third parties' copyright where stated.

13.3 You are prohibited from copying and storing, using any content accessed by you through the Subscription for purposes other than those set out in this Agreement.

14) Communications and Customer Service

The services are offered by SPX. To obtain information, SPX can be contacted through customer care in the following ways: tel 0102465742 e-mail: helpdesk@distretto20.com

15) Privacy Policy

As per the notice attached to this Agreement, the data provided by you is collected and processed by SPX as an independent data controller for the provision of the services requested. The data will be processed mainly electronically.
The personal data provided will be recorded and stored on protected electronic media and processed with adequate security measures, including associating and integrating them with other databases, in full compliance with security measures to protect confidentiality.
The data will be processed by SPX exclusively with the methods and procedures necessary for the management and provision of the Subscription requested and, only with the express consent of the User, to carry out statistical analyses, market surveys and send commercial information on the products and promotional initiatives of the Data Controller.
In addition, with the express consent of the User, the data may be communicated to third party companies for their own use for promotional purposes, statistical analysis, market research or commercial information.
Communications for market surveys or commercial information on products and promotional initiatives may be made by mailing, e-mail, telemarketing, sms, mms, social networks.
Pursuant to art. 7, D.Lgs.196/2003, as well as articles 16-21 EU Regulation 679/2016, the User may exercise the relevant rights, including consulting, modifying, updating, integrating, rectifying or cancelling the data or opposing their processing, by contacting the Data Controllers SPX Lab Srl - Piazzetta Andorlini 1-5a, 16124 Genoa and/or the e-mail address helpdesk@distretto20.com

16) Applicable Law and Jurisdiction

This Contract is subject to Italian law and the language of this Contract is the Italian language.
In the event of a dispute, connected with the interpretation, execution or termination of the effectiveness of this Contract, the court of residence or domicile of the User, as a consumer resident in Italy, shall have jurisdiction pursuant to art 66-bis of the Consumer Code. If the User is not a consumer residing in Italy, Italian law will still apply and the exclusive jurisdiction is the Court of Genoa, any other forum is expressly excluded.