GENERAL CONDITIONS OF CONTRACT AND USE OF THE OPEN PARKS PLATFORM

Any public or private organization (hereinafter “Organization, Organizations, Customer or Customers”) that:

Directly manage and protect a place of particular environmental and / or cultural value (e.g. park, protected area, archaeological park, UNESCO site, botanical garden)
Has an agreement or accreditation with an organization that directly manages and protects a place of particular environmental and / or cultural value for the provision of experiences and services
Provide experiences and services directly in the name and on behalf of an organization that directly manages and protects a place of particular environmental and / or cultural value.

These general conditions of contract (hereinafter, “General Conditions” or “Contract”) constitute the terms and conditions governing access to the “parchiaperti” platform and the use of all the free services offered and made available therein. , by professional operators who access it, in the exercise of their professional activity (hereinafter, “Customer or Customers”) by registering on the website www.parchiaperti.it.

The Contract must be understood as signed with the point and click method by the Clients, as better identified and generalized above, also through their Legal Representative or in any case an authorized attorney for the stipulation, in the name and on behalf of the person they represent, and concluded with the Cultural Association DYNAMOSCOPIO (hereinafter for brevity DYNAMOSCOPIO), owner of the “parchiaperti” trademark, Tax Code and VAT number 06857970963, with registered office in via degli Apuli 5, 20147 Milan (MI), Italy, in the person of the Legal pro tempore representative (jointly the “Parties”).

The Contract is stipulated in Italy and is subject to Italian law.

The general conditions set out below must be understood as expressly known and accepted by the Customers at the time of stipulation as (i) they can be found and consulted in the registration form on the website www.parchiaperti.it, and (ii) their non-reading and approval specifies, by checking the appropriate box, constituting an essential and indispensable activity for the completion of the registration procedure, prevents them from completing the registration procedure and signing the Contract.

Art. 1 – Premises / Definitions / Attachments

1.1. The premises are an integral and essential part of these General Conditions.

DYNAMOSCOPIO has designed and developed an on-line digital platform, the parchiaperti portal (the “Portal” or the “Site”), accessible via the Internet in SaaS mode (Software as a Service) with which the Customer, through a content management, the “Web Content Management System” (hereinafter referred to as WebCMS or the Service), can promote its services and events or initiatives organized by it (such as, for example, guided tours, itineraries, fairs, conferences, courses , artistic events etc.) (the Contents), via the Internet, possibly also using an integrated ticketing service (Reservations).

The Open Parks Platform is a tool reserved for professional users and the Customer, who expressly declares himself as such by signing the contract, undertakes to use it exclusively in relation to his professional activity and, in any case, for needs related to it. The Customer is also aware and expressly accepts that this Agreement is not subject to the rules of consumer contracts.

1.2. For the purposes of the interpretation of these GTC, the definitions accessible on the portal apply, always subject to the mandatory provisions of law in force from time to time.

1.3. The following documents also constitute an integral and essential part of this contract, however accessible on the Portal:
_ “Privacy Policy”.

Art. 2 – Object of the contract – Services

2.1. DYNAMOSCOPIO in compliance with the terms and conditions of this Agreement, undertakes to provide the Customer with a personal, revocable, non-exclusive, non-transferable, non-transferable and limited license to use the Open Parks Platform, which allows the Customer to publish, directly and independently, its own Contents, in the reserved space, through the WebCMS application made available on the Internet. Due to the nature and functioning of the Open Parks Platform, the Parties acknowledge that, pursuant to and within the limits of the provisions of this Agreement, it will be the Customer who will manage the functions made available in their profile directly and in complete autonomy. the Customer himself, under his own exclusive responsibility, to use the tools provided by the Platform (by way of example: data entry, content, images, message transmission, etc.) as specified below.

2.2. In addition to the free license referred to in the previous art. 2.1, DYNAMOSCOPIO can provide, at the request of the Customer, the additional integrated ticketing service (Booking service) in favor of the users of the Portal (Users), whose activation may take place in accordance with the provisions of the following art. 9. The request for the additional service is optional and can be made by the Customer directly via webCMS. It is understood that the processing of data connected to this additional service will take place, in any case, in compliance with the regulations in force, also regarding the protection of personal data, in accordance with the provisions of the following art. 18.

Art. 3 – Archives

3.1. DYNAMOSCOPIO allows Customers to publish Content on the Portal that will be available online, 24 hours a day, 7 days a week, 365 days a year, subject to the provisions of the following art. 14. Said Contents will become part of the Contents Archive.

3.2. The Content Archive is powered by information and content (data entry, content, images, message transmission, etc.) that each Customer may enter into the system, under their sole responsibility.

3.3. It is the Customer’s responsibility to verify that such information and contents are up-to-date and in accordance with the truth, being excluded any control and / or verification by DYNAMOSCOPIO which, therefore, cannot be held responsible in this regard, for any detrimental consequence, to be borne by the users. or third parties. It is also the Customer’s responsibility, as part of the activity of checking the veracity of its Contents, to directly carry out the necessary modification and / or cancellation operations, using the Portal tools, if the conditions are met.

3.4. The Customer declares to be aware that the page relating to their profile will be created by the system on the basis of the Contents that will be entered by them using the WebCMS application. Any activity relating to formatting, management and visibility is the sole responsibility of the Customer. Therefore, by accepting these GTC, the Customer authorizes DYNAMOSCOPIO to publish the Contents, according to its own technical and graphic standards.

3.5. In case of activation of the additional Booking service, all booking requests, received through the Portal and managed by DYNAMOSCOPIO, will constitute the Booking Archive, fed by the information (personal data) that the Users – private, under their own responsibility , communicate, in order to be able to use the Booking service offered on the Portal.

3.6. All the Contents that will be deleted from the Content Archives, at the initiative of the Customer, will be accessible anonymously only by DYNAMOSCOPIO. These Archives will be kept and managed confidentially by DYNAMOSCOPIO for organizational and statistical reasons.

Art. 4 – How to activate and access the platform

4.1. When filling in the form provided in the section reserved for the Customer, called Backend or Reserved Area, the latter will indicate a User-Id (of which the system will automatically verify the uniqueness) which will allow the identification of the Customer, as the subject to which to refer the activities or Contents published on the Portal. After sending the completed form, DYNAMOSCOPIO will carry out the accreditation procedure at the end of which it will send the Customer a confirmation email (Activation Confirmation) containing a temporary password to complete the procedure.

4.2. The temporary password must be changed by the Customer on first use, also in relation to the one possibly communicated following the facts referred to in art. 5.10.

4.3. Subsequently, the Customer will have access to the Open Parks Platform through their User-Id and password (authentication credentials), which must be kept and used by the Customer under his sole responsibility.

4.4. The authentication credentials are personal, confidential and non-transferable. Access to the Backend area and use of the Platform must comply with the provisions of this Agreement. In particular, the Customer undertakes to keep his authentication credentials with the utmost confidentiality and is therefore also responsible for the custody of the same: the Customer will therefore be solely responsible for any damage caused by the possible use of User-Id and password by part of unauthorized third parties. However, the Customer undertakes to immediately notify DYNAMOSCOPIO of any theft, loss, loss or appropriation for any reason, by unauthorized third parties, of their authentication credentials. The Customer also undertakes to change the alphanumeric “password” code at least once every six months.

4.5. Both during the registration phase and through the “Contacts” section within the Platform, the Customer is required to provide updated, complete and accurate information and references (in particular the email address, the Tax Code and the VAT number). It is explicitly forbidden for the Customer to access the service through programs or methods other than those officially released and managed by DYNAMOSCOPIO; the attempt to violate the security of the Platform or to carry out reverse engineering constitutes illegal behavior. The Customer is required to promptly notify DYNAMOSCOPIO in the event of unauthorized use of access to the Platform and its functions, or of any security breach. DYNAMOSCOPIO is not responsible for any damage or disruption resulting from unauthorized use of access through the alphanumeric codes assigned to the Customer.

Art. 5 – Customer’s declarations, obligations and responsibilities

5.1. In order to access the Platform, it is essential to fill in the “mandatory fields” provided in the registration form. With particular reference to the e-mail address, the Customer declares that the same is active, attributable to him and usable for the purpose of carrying out the activities related to the execution of these GTC

5.2. The Customer assumes full responsibility for the legal consequences arising from the acceptance of these GTC, remaining solely responsible for the activities carried out through the use of the Customer’s authentication credentials. The correct indication of the authentication credentials is for DYNAMOSCOPIO a necessary and sufficient condition to allow the use of the WebCMS, as it is not in any way required to perform different or further checks or verifications, constituting the recognition of the user-id and password, entered for the purpose of access, proof of the identity of the Customer.

5.3. In particular, with regard to the Contents, and in particular the images and information published, the Customer is responsible, towards DYNAMOSCOPIO and third-party users, for the truthfulness and lawfulness of the information entered and declares to be in possession of suitable legal title enabling this activity. At the same time, it declares that no image that may be published infringes or infringes any right, patent, copyright, trademark, secret, intellectual property or contractual right of any natural person, company, company, organization or other entity. In particular, the Customer undertakes not to insert Contents that violate the laws and regulations in force including, in particular, the laws on copyright or other intellectual or industrial property rights, or that violate or allow others to violate the rules on the protection of privacy.

5.4. The Customer declares to be aware that these GCs and the disciplined services are addressed and offered to customers who qualify, in accordance with the law, as professionals having their headquarters in Italy and declares to possess these requirements, acknowledging that they are an essential condition for the validity of the GTC.

5.5. The Customer acknowledges that the information provided through the publication of the Contents of their profile will be entered in the respective Archives exactly as they were provided, without any burden of verification or control being placed on DYNAMOSCOPIO, without prejudice to the provisions of the following art. . 6.3. The Customer is also aware that DYNAMOSCOPIO may automatically remove, without notice and without this being considered in any way non-fulfillment, the Contents that it should deem, at its sole discretion, even upon reporting by third parties, illegal, non-compliant with the truth, that is, finally, that they were.

5.6. No information or Content may contain obscene or offensive material or other prohibited material. It is expressly forbidden to publish and enter in any way, on the pages of the Portal, information that may present forms or contents of a pedophile, pornographic, obscene, blasphemous, offensive, defamatory or, in any case, unsuitable for minors nature.

5.7. The Customer is obliged to verify that the information he intends to publish is up-to-date, and to update or delete the information, where necessary, through the tools made available by DYNAMOSCOPIO, in the Reserved Area.

5.8. The Customer undertakes as of now to hold DYNAMOSCOPIO harmless from any claim of any nature that may be advanced by Users or third parties as a result of a Content that should prove to be non-compliant, even partially, with the truth, or relating to illegal situations or for any claim made under or as a consequence of the Contents published on the Platform.

5.9. The Customer declares to be aware that the authentication credentials referred to in the previous art. 4 allow access to the reserved area of the Portal and the possibility of using the services offered by DYNAMOSCOPIO; at the same time, it declares to know that all the activity performed online on the Portal through the aforementioned authentication credentials will be uniquely attributed to it, with all the related legal consequences, for which it assumes all responsibility.

5.10.

5.11. The Customer undertakes as of now to fulfill obligations towards DYNAMOSCOPIO that may arise as a result of activities carried out online on the Portal through their authentication credentials.

5.12. The Customer expressly declares and acknowledges that the user license and the Booking service offered by DYNAMOSCOPIO through the Portal have the sole purpose of promoting and putting the Users of the portal in contact with the Customers, without representing in any way an activity of mediation between supply and demand. Any activity necessary to use the services offered by the Customer is completely left to the initiative of the Customer or User.

5.13. The Customer undertakes to use the Portal exclusively for lawful purposes and in any case in compliance with the provisions of the law regarding the protection of personal data and intellectual property, and to indemnify and hold harmless DYNAMOSCOPIO from any claim or claim of third parties, which may derive from the use or abuse of the services in question.

5.14. It is also expressly forbidden to transmit files potentially infected with viruses, of unsafe origin, or files that in any case can be considered potentially harmful. In general, it is forbidden to use the Portal or to perform actions that could damage, disable, overload or compromise the functionality of the Portal, or interfere with its use by third parties.

5.15. In relation to the obligations referred to in this article, as well as to those possibly provided for by the Customer in the other parts of this contract, it is understood that the Customer guarantees for himself and for his employees, collaborators, sub-agents and / or persons in charge .

Art. 6 – Obligations and responsibilities of DYNAMOSCOPIO

6.1. DYNAMOSCOPIO is in no way responsible for the information and more generally the Contents that are entered by the Customer through the use of the Web CMS – with particular reference, for example, to truthfulness, exhaustiveness, non-deceptiveness, lawfulness -, nor is any burden of verification and control of the same placed on him.

6.2. Under no circumstances will DYNAMOSCOPIO be involved in the relationships that may arise between the Customer and the Users of the Portal in relation to the Contents offered. It follows that DYNAMOSCOPIO cannot, for any reason, be called to answer for non-fulfillment or be involved in disputes that may arise in relation to the Contents offered or to a possible contract concluded between the Customer and a User, nor for any damages, direct or indirect, which may derive either from the execution or non-execution of the services or contracts concluded between the Customer and the User.

6.3. The only form of control that can be carried out by DYNAMOSCOPIO on its own initiative on what has been entered by the Customer, will be to prevent the publication of Contents or comments that are not appropriate to the nature of the service or are illegal.

6.4. Upon termination of the Contract, for whatever reason it occurs, the Customer acknowledges that DYNAMOSCOPIO will keep the information contained in the Contents and Reservations Archive for 6 months following the date of termination of the Contract. After the aforementioned term, the Customer hereby authorizes DYNAMOSCOPIO to delete all data (and all related backup copies) not recovered, for any reason, without having to acknowledge the Customer, save the transformation of the data into anonymous form.

Art. 7 – Completion of the contract

7.1. Filling out the appropriate registration form as indicated in art. 4, to be carried out electronically and the acceptance of these GCs, through the “point and click” system by the Customer, assume the value of “proposal”.

7.2. DYNAMOSCOPIO, having ascertained the completeness of the form and positively assessed the Customer’s proposal, will proceed with the accreditation procedure which will end with the sending of an Activation Confirmation email containing the authentication credentials to access the Reserved Area. This fulfillment is a necessary condition for the activation of the service.

7.3. Upon acceptance of the contract, DYNAMOSCOPIO will communicate, in any case, by e-mail to the address indicated by the Customer, during registration, the information required by law.

7.4. In particular, pursuant to Legislative Decree 70/2003, DYNAMOSCOPIO will make available to the Customer:

a) a summary of the GTC;
b) a summary of the essential characteristics of the service;
c) detailed indication of any additional services required;

7.5. For the purposes of communications required by law and referred to in the previous art. 7.4, the Customer declares to be aware that these GCs including the Attachments are available to you directly on the DYNAMOSCOPIO website.

7.6. The Customer therefore declares that through this method DYNAMOSCOPIO has satisfied the legal requirements both in relation to the provision of the GTC and in relation to the communication of information.

Art. 8 – Methods of execution of the contract

8.1. The free license and the Booking service referred to in art. 2, will be paid from the date of conclusion of the contract based on the provisions of the previous art. 7.

8.2. The Customer undertakes to fulfill the services at his expense deriving from these GTC.

Art. 9 Mandate for the issue of online booking tickets – Booking Service

The use by the Customer of the integrated Booking service automatically and inextricably implies the assignment by the Customer to DYNAMOSCOPIO of a mandate without representation, to automatically proceed with the issuance of the ticket to the User who requests it, within the numerical limits set for disposition of the Customer himself for that particular event or manifestation. In the case of a ticket that requires a payment to be paid by the User, DYNAMOSCOPIO, having no mandate for collection, undertakes to provide the User with the instructions to proceed with the payment, which must take place according to the instructions provided to DYNAMOSCOPIO by the Customer and issue the ticket with the warning that its validation will only take place upon payment to the Customer.

In any case, it is understood that DYNAMOSCOPIO is not liable to either the Customer or the User for the User’s non-fulfillment, nor, in any case, for the User’s participation or non-participation in the booked experience.

Art. 10 – Duration of the contract / Cancellation

10.1. Il contratto avrà la durata di 12 mesi, con decorrenza dalla data di conclusione del contratto in base a quanto disposto dall’art. 7. Salvo modifiche delle condizioni contrattuali, esplicitamente incluse le condizioni economiche, che dovranno essere concordate con il Cliente, è incluso il tacito rinnovo.

10.2. DYNAMOSCOPIO potrà risolvere in qualunque momento il contratto disciplinato dalle presenti C.G., con effetto immediato, mediante comunicazione via e-mail e senza preavviso, nel caso in cui il Cliente:

a) non fornisca o non abbia fornito dati personali aggiornati, completi, veritieri e corretti (con particolare riferimento, ad esempio, al requisito di professionista o della sede in Italia);
b) utilizzi o abbia utilizzato il Portale in violazione di una qualsiasi delle norme di cui all’art. 5 o che comunque l’utilizzo sia ritenuto ad insindacabile giudizio di DYNAMOSCOPIO incompatibile con la natura e lo scopo del Portale stesso.

10.4. Fatto salvo il risarcimento di ogni eventuale danno e senza alcun pregiudizio per i diversi rimedi previsti dalla legge o dalle presenti C.G.

Art. 12 – Complaint

12.1. Unless otherwise stated in these GTC, any complaint or dispute may be sent by email, fax, letter, using the references at the bottom of the page, in accordance with the provisions of Article 20.

Art. 13 – Assistance

13.1. The assistance service is provided in relation to issues related to the execution of the services covered by this contract.

13.2. To request assistance, by accessing their profile, the Customer can send a specific and detailed request. The answer will be provided by DYNAMOSCOPIO, compatibly with its organizational needs, within 15 working days following receipt of the request.

Art. 14 – Suspension and / or Interruption of the service

14.1. The Portal, which can be used with a direct connection via the internet, will be available every day of the week and at any time, except when technical operations on programs or data must be performed, such as for example. maintenance, updating or saving procedures (*); DYNAMOSCOPIO will therefore keep the connection with the Customer active, without however any malfunctions or inability to access the system due to any reason, reason or cause, can ever be considered a disservice by DYNAMOSCOPE.

(*) the availability of the services that can be used via the web is without prejudice to suspensions made for technical reasons and, at the sole discretion of DYNAMOSCOPIO useful to ensure the best continuation of services, such as:

– routine maintenance of hardware systems;

– implementation in the systems of new versions of basic software;

– operations aimed at ordinary and extraordinary maintenance, correction of any anomalies or uploading of updates;

– archive rescue operations;

– archive restoration operations, also possibly at the request of the Customer;

– situations that could lead to assume or determine a reduction or in any case an insufficiency of the security level of access to data;

– urgent situations for which it is necessary to resort to extraordinary interventions on hardware, software and network components, if these are necessary to allow normal use or restoration of services;

– events of force majeure or in any case outside the possible forecasting capacity of DYNAMOSCOPIO.

14.2. DYNAMOSCOPIO, after any communication to be sent to the Customer by e-mail with adequate notice, reserves the right to suspend the service to carry out maintenance, or to interrupt it in the presence of proven security problems and / or guarantee of confidentiality, undertaking to restore the service as soon as possible, except in cases of force majeure or in any case causes not attributable to it.

14.3. DYNAMOSCOPIO excludes any liability relating to the suspension or interruption of services resulting from the aforementioned circumstances. In any case, DYNAMOSCOPIO will do everything necessary and in its power to restore the service as soon as possible.

14.5. In addition to the provisions of the previous paragraphs, DYNAMOSCOPIO may suspend the provision of the Services, pursuant to and for the purposes of art. 1460 cod. civ., automatically and without the need for communication, in the event that the Customer violates any of the rules referred to in art. 5.

14.6. The suspension or interruption of the provision of services, pursuant to this article, will never constitute a breach of contract by DYNAMOSCOPIO.

Art. 15 – Intellectual and industrial property rights on the Portal

15.1. The trademarks and distinctive signs published on the Portal, as well as the Portal itself, are the property of DYNAMOSCOPIO and protected by the applicable legislation. Access to the Portal does not provide either the Customer or the surfer with the right to use these trademarks and distinctive signs without the written authorization of their respective owners.

15.2. All material published on this Site is protected by intellectual property rights, in accordance with current legislation on the protection of applicable copyright.

Art. 16 – Ownership and management of the Archives

16.1. In execution of these GCs, DYNAMOSCOPIO manages the following archives, relevant to these GCs:

a) Content Archive – accessible to Customers and to DYNAMOSCOPIO and containing, in addition to personal data and those necessary to contact Customers, information on the services offered to users (including photos, etc.);
b) Booking Archive – accessible to Customers and to DYNAMOSCOPIO and containing, in addition to the personal data of the users and those necessary to make a booking, the requests for issuing tickets, including the description of the booked service;

16.2. Upon termination of the contract for any reason, the Content Archives and Reservations will be deleted after 24 months as well as the Contents accessible to all surfers. In the absence of an express declaration to the contrary, these Archives will subsequently be made anonymous – through the dissociation of the personal and identification data of the Customer and users, and kept exclusively for statistical purposes.

16.3. The conservation obligations for civil and fiscal purposes are reserved.

Art. 17 – Changes to the General Conditions of Service

17.1. The Customer expressly authorizes DYNAMOSCOPIO to send to the e-mail address indicated by the same in the registration phase, a file containing the GTC, any special conditions and subsequent amendments.

17.2. The Customer undertakes to print on paper or on an adequate durable medium and to keep the GTC, any subsequent changes that may be subsequently made to them.

Art. 18 – Confidentiality and protection of personal data

18.1 The Parties declare that they have mutually communicated the information referred to in Article 13 of EU Regulation 679/2016, regarding the processing of personal data provided for the signing and execution of the Contract itself and that they are aware of the rights they are entitled to. by virtue of art. 15 and following of the aforementioned legislation.

18.2. In particular, the Customer declares to be aware that, with the approval of these GTC, the use of the Portal implies the visibility, through publication on the Internet, of their data (including personal), by all surfers who will have access to the Portal and gives express authorization.

18.3. The execution of the Booking service implies the processing of personal data that both DYNAMOSCOPE and the Customer undertake to carry out in compliance with the relevant legislation in force.

18.4. With the signing of this Contract, DYNAMOSCOPIO, having ascertained its ability to ensure and be able to demonstrate the adoption and compliance with technical organizational measures adequate to comply with the legislation and regulations in force on the processing of personal data, is also designated as the Manager treatment pursuant to art. 28 of the Regulation (EU) 2016/679 on data protection (hereinafter also the “EU Regulation” or “GDPR”). The Data Processor must comply with the obligations and instructions given by the Customer, as Data Controller, listed in Annex A to this Agreement of which it forms an integral and substantial part, called “External Manager Appointment Annex”.

18.6. For the purposes of carrying out the services governed by these General Conditions, DYNAMOSCOPIO also makes use, as Web Farm, ________ at whose Data Center it has allocated its Servers, under a housing contract. The management and maintenance of the aforementioned servers will be carried out exclusively by personnel with access passwords and expressly authorized by DYNAMOSCOPIO.

Art. 20 – Communications between the parties

20.1. For the purposes of the communications referred to in these GCs, the parties, unless otherwise provided by law or contained in these GCs, elect their domicile:

a) with regard to DYNAMOSCOPIO: at its operational headquarters;
b) with regard to the Customer: at the office indicated in the registration form.

20.3. The Parties must promptly communicate, during the term of the Contract, any changes to their respective addresses, including electronic ones. In case of failure to communicate the change, all communications and / or notifications that will be made on the basis of the addresses indicated above will be fully effective and valid.

Art. 21 – Applicable law / Jurisdiction

22.1. This contract is drawn up in Italian and is governed by Italian law, to which reference should be made for anything not expressly provided for.

22.2. The Court of Milan will be exclusively competent for any dispute.

The parties declare that the approval of these GCS and the clauses referred to pursuant to articles 1341 and 1342 cod. civ. through the practice of the so-called “Point and click” satisfies the requirement of the written form.

Art. 5 – Obligations and responsibilities of the user; Art. 6 – Obligations and responsibilities of DYNAMOSCOPIO; Art. 10 – Duration of the contract / Cancellation; Art. 14 – Suspension and / or Interruption of the service; Art. 17 – Amendments to the General Conditions; Art. 18 – Confidentiality and protection of personal data; Art. 19 – Exclusion of liability; Art. 21 – Applicable law / Jurisdiction