TERMS AND CONDITIONS OF SERVICE of the “Juventus Digital Academy”

 

 

 

  1. PURPOSE and SCOPE OF APPLICATION

 

“Juventus Digital Academy” is a video distribution service (hereinafter also “Service”) - which allows the user (“User”) to view multimedia training content related to sports (the “Content”), created by Juventus (or by third parties appointed by Juventus), via an e-learning platform (the “Platform”) accessible at the website digitalacademy.juventus.com (the “Site”) and based on software owned by SW Holding Srl, with registered office in Lainate, MI, Via Sansovino, no. 6A, Tax Code and VAT No. 11602070960 (“Sportwig”).

 

These terms and conditions (“Terms and Conditions”), besides any exceptions specifically agreed in writing, govern the relationship between the Service provider (as defined below) and the User, and in particular the conditions of use of the Site and of access to the Service as well as the terms and conditions of sale and use of the Content. These Terms and Conditions may be downloaded and saved by the User on their device and will in any case be made available to the User when they register and/or purchase the Service. Last update 05/06/2024.

 

The User hereby states that they are aware of and accept that certain provisions of these Terms and Conditions apply only if the User uses the Service as a consumer pursuant to art. 3 of Italian Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), i.e. acts for purposes unrelated to the performance of any entrepreneurial, commercial, craft or professional activity.

 

  1. SERVICE PROVIDER

 

The Service is provided by Juventus FC Spa (“Juventus”), with registered office in Via Druento 175, 10151, Company Registration, Tax Code and VAT No. 00470470014 - Economic and Administrative Index 394963, via the Platform created and managed by Sportwig, on behalf of Juventus.

Sportwig owns the Platform and the software on which it is based. Juventus owns the Site and its Contents.

Juventus makes the Content available to the User through the Site, using the Platform created and managed by Sportwig on behalf of Juventus, within the limits specified by these Terms and Conditions.

 

  1. REQUIREMENTS FOR ACCESSING THE SERVICE

 

In order to access the Service, it is necessary to be registered on the Site or be a holder of a registered profile and the relative access credentials (also “Account”) for the Site, according to the procedures and conditions outlined on the appropriate registration page.

 

In order to register on the Site and access the Service, the User must meet the following requirements: (i) be a legal entity or a natural person over 18 or is of adult age based on the requirements of the User's Country of residence if said country requires an age above 18 to enable the person to act and, in any case, is deemed capable of acting under Italian law; (ii) you agree to these Terms and Conditions.

 

The Content available on the Site can be accessed once the Service has been purchased in accordance with these Terms and Conditions, with the exception of any Content that, at the sole discretion of Juventus, it decides to make available to Users free of charge.

 

  1. SERVICE REGULATIONS

 

Access to the Service and the use of the Content by the User are governed by these Terms and Conditions, of which the documents accessed via the hyperlinks (links) found in this document are a substantial and integral part as well as the specific conditions relating to Content indicated at the time of purchasing the Service.

 

In the event of non-compliance with the Terms and Conditions, Juventus reserves the right to refuse, limit or terminate access to the Service and the Content and to prohibit the User from any future use of the Site and the Content and/or to take legal action against said User.

 

Juventus reserves the right to update, amend and/or supplement the Terms and Conditions over time for reasons imposed by regulatory changes or for other reasons related to the management and/or the provision of the Services. Any changes made to the Terms and Conditions will be communicated to the User at the e-mail address provided by the User when registering to the Site. The Terms and Conditions, as amended, will be made available directly in the Terms & Conditions section at the bottom of the Site homepage. The timing and procedures whereby any amendments to the Terms & Conditions will come into force and their application to Users will be notified on each occasion, depending on the nature and scope of the amendments. Unless otherwise provided for, if the User continues to use the Service after the amendments have been notified and published, it shall be understood that the User has accepted said amendments.

 

  1. DESCRIPTION AND PURPOSE OF THE SERVICE

 

The Service offered by Juventus on the Site that can be accessed via the URL: digitalacademy.juventus.com

consists of the provision of on-demand training courses accessible thanks to a technological solution based on the Platform and the software created by Sportwig, which enables the User to view the Content, created by Juventus (or by third parties appointed by Juventus).

 

The characteristics of the Service (price, duration, topic, number of modules, etc.) are published in the appropriate section of the Site, available at https://digitalacademyapp.juventus.com/en/courses/bundle/list/, and may be subject to changes introduced by Juventus.

 

Juventus provides the User with the limited, revocable, non-exclusive, personal right to access the Service and, more specifically, view

all the Content made available by Juventus, in compliance with these Terms and Conditions. This right cannot be transferred to third parties and is not transferable. The Service provides the User with the exclusive right to view the Content while connected to the internet and to the Service. The content may not be downloaded or duplicated, disseminated or communicated to third parties or to the public in any way. It is understood that, Juventus may, at its sole discretion, allow training documents related to the Contents to be downloaded. These documents will be subject to the same conditions applicable to the Contents themselves and, in particular and without limitations, the User may not any way copy, duplicate, distribute, display or communicate to the public, transfer to third parties, adapt, market, translate, sell, lend, rent, modify these documents nor create works based on these training documents.

 

The User undertakes not to use the Services for commercial purposes or for purposes other than those expressly specified in these Terms and Conditions.

 

The User is informed and accepts the fact that the Content covered by the Service may be available in English and/or Italian and/or also in another language, as appropriate, and may contain promotional and advertising communications.

 

  1. METHOD OF USE OF THE SERVICE AND CONTENT

 

The User confirms that they are solely responsible for all actions and omissions associated with access to and the use of the Service and undertakes to exclusively use the credentials of their Account required to access the Service on personal basis, to keep them secret and confidential, not to transfer them for any reason to third parties, taking on all responsibility for the activities related to their Account and shall immediately notify Juventus of any theft, loss or unlawful knowledge of the Account by third parties.

 

The User also undertakes to keep the data provided when registering on the Juventus website and for the purposes of activating the Service up-to-date and complete. The User shall hold Juventus and third parties in general harmless from any

liability and prejudicial consequence resulting from any breach of the obligations set out in the Terms and Conditions by the User, and of any further clauses introduced by subsequent amendments and/or additions.

 

The User is aware and accepts that the Service must be used exclusively through the appropriate web pages of the Site, in compliance with the Terms and Conditions and the laws and regulations in force.

 

In particular, the User acknowledges and accepts that they cannot and will not be able to fully or partially:

 

  1. create more than one Account;

 

  1. violate the rights of Juventus, Sportwig or third parties;

 

  1. incorporate the Content in or through another website or online service or present, display or make available the Content of the Service to other parties using whatever means;

 

  1. remove any distinctive markings related to the Content, the Platform, the software and technologies related to the Service;

 

  1. copy, duplicate, distribute, display or communicate to the public, assign to third parties, decompile, disassemble, adapt, market, translate, sell, lend, rent, decode or modify the Content, combine it with other software, or create works based on the Service or any of the Content, for its own purposes or those of third parties, in any form and by any means, including but not limited to electronic, mechanical or optical means;

 

  1. load and/or stop or, in any case, interfere with the proper operation of the Service, nor shall the User send automated or automatically generated requests to the Service;

 

  1. use robots, crawlers and similar applications to collect and analyse the contents of the Service or the personal information of Service users;

 

  1. breach the security of the Service, identify any security vulnerabilities, circumvent or manipulate the operation of the Service or any of its features, attempt to activate actions or features that are otherwise disabled, inaccessible or not documented in the Service, or engage in reverse engineer activities related to the Service and/or the Site;

 

  1. circumvent or attempt to circumvent the technical protection measures and technical restrictions placed on the software and/or on the Platform for the purpose of identifying codes and/or algorithms of any kind and nature (merely by way of example, source codes and object codes);

 

  1. analyse, decrypt, break down, decompile and/or reverse engineer the software and/or the Platform or attempt to carry out such activities;

 

  1. alter, modify and/or process the software and/or the Platform in any way;

 

  1. extract, copy, duplicate, store and/or collect any data, information, code and/or algorithm of any kind and nature, either directly or indirectly, manually or through the use of specific software, that is used by or for the operation of the Platform and software (so called data scraping);

 

  1. take on and/or use the identity and/or personal details of another person (or another fictional person) and in any case make false statements about their identity;

 

  1. in general, take actions that could result in civil or administrative criminal offences or violate the rights of any third parties.

 

Towards Juventus, the User undertakes to:

 

  1. not to use the Content and the Service for purposes other than those expressly provided for in the Terms and Conditions;

 

  1. not to use or modify the Content in such a way as to compromise its original and intended meaning or discredit Juventus and/or in any case the commercial partners of Juventus (including Sportwig) and/or their managers, directors, coaches, players, employees, sponsors, licensees and partners;

 

  1. not to interfere with or alter the Content in any way (for example, by adding, removing, modifying or altering any graphics, virtual reality advertising, commercial identification, logos or other information);

 

  1. not to duplicate, publish, copy, transmit, share, grant for use, reproduce, rework or distribute the Content;

 

  1. not to use the Content and/or the Service in such a way as to damage the good name, reputation and/or image of Juventus and/or any of their managers, directors, managers, coaches, players, employees, sponsors, licensees and partners and, in general, any football authority;

 

  1. not to claim any ownership rights over the Content, the Site or the Platform;

 

  1. not to use the Content in a manner that may be deemed:

 

  1. defamatory or derogatory of any person, group of persons or entity;
  2. to promote or denigrate political opinions, ideologies or parties;
  3. to represent violent acts or other threatening or abusive behaviour, including behaviour that, in the reasonable opinion of Juventus, promotes disparaging opinions related to colour, race, nationality, ethnic or national origin, gender, sexual orientation, marital status, religion, age or disability of an individual or group;
  4. to promote the sale or consumption of products related to tobacco and alcohol;
  5. to promote gambling or betting.

 

Juventus reserves the right to carry out spot checks on the User's compliance with the Terms and Conditions. The violation of any one of the provisions of this article by the User is considered a serious breach and entitles Juventus to immediately cancel and or suspend the User's Account, as well as limit and or terminate the User's access to the Service and Contents, without prejudice to the right to seek compensation for any damages incurred.

 

Unless otherwise indicated in the conditions of access or purchase of the Service, the Contents are available to be viewed in streaming on the Site through personal computers equipped with Windows and Mac OSX systems. The Site is designed to be compatible with all browsers currently in use, in their most updated versions. The User is therefore informed and accepts the fact that the Service will only work on specific hardware and software platforms. For these reasons, it will be the User's sole responsibility to ensure that he she has the appropriate hardware and or software platforms required to access the Service and thus be able to take advantage of said Service.

 

The User is also aware that, in order to access the Service, their device must be connected to the Internet. The User is solely responsible for any costs and maintenance related to this connection.

 

Juventus reserves the right to modify or cancel, at its discretion, the support of certain hardware and

software platforms. The User is in any case aware that, during the period of validity indicated in art. 10, it may be necessary for the same User to periodically update the software of their device in order to access the Service. In any case, the User is required to periodically check the operating requirements of the Service.

 

  1. SERVICE PRICE AND PAYMENT METHODS

 

The purchase of the Service and access to the Content is subject to the payment of the applicable fee (the “Price”) indicated when purchasing the Service.

 

The User is aware that all the Prices do not include any connection and or telecommunication costs required to access the Service.

 

All prices are inclusive of VAT and any indirect taxes. The amounts due must be

paid in full, without any reduction or amount withheld by the User.

 

It is possible for the User to make the payment by credit card, or, alternatively, by other methods, which will be made available to the User at the time of purchasing the Service (the "Payment Methods").The User hereby states and guarantees that they are authorised to use the payment method chosen to pay for the Service requested.

 

Juventus and the User also agree that, unless otherwise agreed, the price is expressed in Euros. Therefore, any currency exchange resulting from payments outside the EU - or in any case using currencies other than Euros - will be made by the bank and/or credit card issuer or, in any case, through the Payment Method selected by the User, who will exclusively bear all and any costs, including commissions, arising from the payment in question. The User is therefore required to check the exchange rate and any commission costs. The transaction cost will be charged to the User when purchasing and activating the Service.

 

The Payment Methods are processed and managed by third parties that shall be notified to the User at the time of payment. The Payment Methods are therefore subject not only to these Terms and Conditions, but also to the terms and conditions of the third parties in question which the User must accept. Juventus is not responsible for any commissions, exchange rates or other charges envisaged by the third parties that manage the Payment Method and that will be accepted by the User.

 

  1. SERVICE ACTIVATION

 

Following the payment of the Price, Juventus will send the User an e-mail containing: i) confirmation that they may access the Service; ii) a summary of the specific terms of the Service purchased. From the date of the sending of the aforementioned confirmation e-mail, the User will be able to access the Contents.

 

Without prejudice to the right of withdrawal referred to in Article 9 below (exercisable under the terms and conditions described therein), the User is informed and accepts that he she shall not be entitled to request and/or obtain any exchanges, refunds or modifications of the Service from Juventus.

 

  1. PURCHASE OF THE SERVICE AND RIGHT OF WITHDRAWAL

 

Only if the User uses the Service as a consumer, do they have the right to 14 (fourteen) days (so-called cooling-off period), starting from the day following the purchase of the Service, to communicate to Juventus their decision to withdraw from the contract and, therefore, to cancel the Service purchased, for whatever reason, without incurring any penalty and without the need to provide any reason to Juventus with regard to this decision, in compliance with art. 52 of the Consumer Code.

 

In particular, if the User who is acting as a consumer intends to exercise their right of withdrawal pursuant to the previous paragraph, they may express this decision via the online Contact Centre using the form downloadable here https://digitalacademyapp.juventus.com/en/contact/, without prejudice, pursuant to art. 54 of the Consumer Code, to any other form of explicit manifestation of their decision to withdraw from the contract that may be sent to the addresses indicated in art. 14.

 

Once the withdrawal has been communicated, Juventus will send the User a receipt of acceptance to the e-mail address previously communicated by the User to Juventus.

 

  1. DURATION OF THE SERVICE - WITHDRAWAL BY JUVENTUS

 

The User's access to the Service following the purchase of the same and the related contract governed by these Terms and Conditions will last until 1 February 2025. Without prejudice to the right of withdrawal pursuant to art. 9, the right to withdraw from the Service early before the due date of the same is ruled out. Any withdrawal from the Service will take effect at the end of the period of validity referred to above.

 

Juventus reserves the right to withdraw from the contract with the User at any time by sending a written communication (letter or email) with at least sixty (60) days' notice. In the event of withdrawal by Juventus, Juventus will pay the User a proportional reimbursement of the Price paid for the Service based on the time the Service was not used.

 

  1. USER RESPONSIBILITY

 

The User is solely liable to himself or to third parties for all possible damages, none excluded, direct or indirect, deriving from the use of the Service and the Content that breach these Terms and Conditions or any applicable legislation. Likewise, the User is solely responsible for possible violations of personality and property rights committed by using the Content in violation of these Terms and Conditions or the applicable legislation.

 

The User shall hold Juventus, Sportwig and third parties in general harmless from any liability and prejudicial consequence resulting from a use of the Content other than that authorised in these Terms and Conditions and from violations by the User of the obligations resulting from the Terms and Conditions (as amended and or supplemented over time pursuant to these Terms and Conditions).

 

This clause regarding the guarantees and the liability regime is not intended to limit the liability of Juventus and/or Sportwig in violation of legal provisions, nor to exclude it in cases where it cannot be excluded by virtue of said law.

 

  1. ACCESS TO THE SERVICE AND CONTENT

 

The User acknowledges and accepts that the continuity of the Service depends on the Internet connection service and that, as Juventus is not responsible for this service, Juventus shall not underwrite any commitment regarding Service continuity. Furthermore, Juventus is not responsible for the quality of the Service to the extent that it depends on the use of incompatible or malfunctioning User equipment, and/or improper use of such equipment by the User, and or the malfunctioning of such equipment. of the Internet connection.

 

Without prejudice to the foregoing, the User may access the Service, within the limits and under the conditions indicated herein, 7 days a week and 24 hours a day, subject to authentication using the credentials provided when registering for the Service for the entire duration of the Service purchased.

 

Furthermore, the User acknowledges and accepts that the Content is the property of Juventus and that Juventus can or may, at any time, delete the Content from the Site and the Platform.

 

  1. OWNERSHIP RIGHTS ON CONTENT AND WARRANTY DISCLAIMER

 

All Content, of any type, available on the Site and all information that the User can access via the Service (including, but not limited to, images and video recordings, trademarks, distinctive signs, software and any intellectual property rights) are the exclusive property of Juventus and or its assignors. This ownership and the exclusive nature of any related rights is fully acknowledged by the User.

 

The Contents may be protected using technological protection measures pursuant to and for the purposes of Italian Law no. 633/41 on copyright, in order to prevent acts not authorized by the owner of the rights.

 

In any case, the User is not authorised to use said Content in any way other than view them through a streaming service.

(and therefore, inter alia, it is not authorised to modify, download, duplicate, publish, transmit, share, grant for use, reproduce, rework, distribute or exploit in any way) the Content that is the object of the Service provided by Juventus, including, by way of example but not limited to, images and audio video recordings, trademarks, distinctive signs and any other material and or intellectual property right made available to the User through the Service. Therefore, except for the limited right of access to the Service and the Content, as described in these Terms and Conditions, the User is not assigned any right, title or interest relating to the Service or the Content.

 

The Service and the Content are made accessible to the User "as is", "as available", without any guarantee of compliance with the needs, purposes or objects, either implicit or explicit, of the User. Juventus provides the Service with professionalism and diligence, but any guarantee relating to the Service and/or the Content is excluded to the maximum extent permitted by applicable law. In any case, the liability of Juventus regarding gross negligence or fraudulent intent, or for death or personal injury, cannot be excluded or limited, as well as the additional potential mandatory rights due to the User cannot be ruled out whenever they use the Service as a consumer.

 

  1. SERVICE AVAILABILITY SUPPORT - COMPLAINTS

 

The User has been informed - and consequently accepts - that the actual availability and functionality of the Service depend on various factors and elements, including - but not limited to - the hardware and communication networks used directly by the User, the place from which the User accesses the Service, the software used by the User to access the Service, which do not fall within the sphere of management and control of Sportwig and/or Juventus which, consequently, cannot in any way be considered liable for any malfunction and/or unavailability of said Services.

 

Juventus may suspend the supply or in any case limit the use of the Service by the User, in whole or in part, and this in order to carry out maintenance and/or management activities related to the Service and the equipment necessary for the provision of the same, without this entailing any liability for Juventus towards the User.

 

The User is duly informed - and, therefore, accepts - that in order to view the Content, it is necessary to follow the instructions provided by Juventus, as provided on the Site.

 

In any case, if the User has doubts or requests about accessing the Service and/or using the Service itself and viewing the Content, the User may contact the customer service at the addresses indicated below.

 

For any communication or complaint related to the Service, the User may contact Juventus at the following addresses:

Juventus Football Club S.p.A.,

Via Druento 175, 10151 Torino

digitalacademy@juventus.com

 

or by filling in the free online form found on the website of the Juventus website, Contact page

https://digitalacademyapp.juventus.com/en/contact/

 

Juventus will do everything possible to respond to requests for clarification and / or intervention as quickly as possible.

 

  1. PERSONAL DATA

 

The User's personal data will be processed in compliance with current legislation and, in particular, in compliance with EU Regulation no. 2016/679, as well as Italian Legislative Decree no. 196/2003 (Privacy Code) updated by Italian Legislative Decree no. 101/2018.In any case, the personal data provided by the User will be used for the purposes and with the methods better described in the report on the processing of personal data published and available on the Site at the following link https://digitalacademyapp.juventus.com/en / policy / web /.

 

  1. SERVICE UPDATES

 

Juventus reserves the right to decide whether to provide updates, bug fixes or other changes and improvements to the Service and/or the Site (“Service Updates”).

 

In particular, the Service Updates may be: (i) automatic, related to general changes made to the site and additional aspects or updates of the data requested by the Service; (ii) optional and therefore carried out at the discretion of the User; in this case, the User will receive information and instructions on how to initiate and in any case authorize the Service Updates; (iii) mandatory, in which case the User will be asked to consent to the Update of the Service or the installation or update of a third-party plug-in if they wish to continue accessing the Service.

 

The User is informed that the Service and/or the Site may not be available during the Service Update operations.

 

  1. PARTIAL INVALIDITY

 

In the event that any of the clauses that make up these Terms is declared invalid or, in any case, not applicable - pursuant to and for the purposes of art. 1419 of the Italian Civil Code - this will not result in the nullity of these Terms and Conditions, but, where possible, will entail the replacement of the invalid and/or non-applicable clause with any mandatory provisions, or with another valid and applicable clause established between the parties, or the ineffectiveness of the specific clause in question affected by nullity.

 

  1. APPLICABLE LEGISLATION

 

Regardless of the place of residence of the User or the place from which they access the Service, these Terms and Conditions and the use of the Service by the User will be exclusively governed by and interpreted according to Italian law, without prejudice to the application the mandatory rules of other countries that may be envisaged by the provisions on private international law.

 

  1. COURT OF JURISDICTION

 

Subject to the mandatory provisions of law and without prejudice to mandatory conciliation procedures, for any dispute concerning the validity, performance or interpretation of these Terms and Conditions and their effects, jurisdiction is assigned to the Court of Turin.

 

If the User users the Service as a Consumer, said User has the right to seek an out-of-court settlement of disputes relating to consumer contracts via the procedures pursuant to Part V, Title II bis of the Consumer Code (ADR – Alternative Dispute Resolution).With reference to possible alternative dispute resolution means, the User should note that a European platform has been established for the online resolution of consumer disputes (the ODR platform).The ODR platform may be accessed at the following address, https://ec.europa.eu/consumers/odr/main.Via the ODR platform, the Purchaser may examine the list of ADR bodies, find the link to the website of each of them and start an online procedure to resolve theur dispute.

 

Further details about alternative/online procedures for settling disputes may found at the following link: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/online-dispute-resolution/index_it.htm.

 

This is in any case without prejudice to the User's rights to apply to the competent ordinary court for disputes arising from these Terms and Conditions, whatever the outcome of the out-of-court settlement procedure detailed above.