Terms and conditions

General User Conditions

SCOPE and DEFINITIONS

  1. These general conditions of contract (hereinafter the "General Conditions") contain the terms and conditions governing the provision of services offered by the company 4Books Ltd, with registered office in Old Casino, 28 Fourth Avenue - Hove, EAST SUSSEX BN3 2PJ - United Kingdom, VAT no. 291186978 (hereinafter, the "Company") and in particular:

    • - the service "The Update", aimed at providing periodic updates to its users (the "Users" and, with the Company, the "Parties") in relation to the most important trends, news and information in the digital sector (the "Updates") and short audio content on topics related to the digital world, sent by the Company over the weekend via e-mail ("Audio Pills"), will be made available by the Company at the link https://4books.com/it/theupdate (hereinafter, "The Update");

    • - the service “4Books” ("4Books" and, jointly with “The Update”, the "Services"), on the other hand, is a service aimed at entrepreneurs, managers and professionals who wish to be updated on the latest international business publishing news, offering them the consultation of reviews of books that the Company deems most interesting for Users (the "Reviews").

    The Reviews are collected and made available to the Users, on the website referred to at the link www.4books.it, and on the 4Books app (hereinafter, page https://4books.com/it/theupdate, page www.4books.it, and app, jointly referred to as the "Platform"). The Platform also contains content and services provided free of charge by the Company (content and services, jointly, the "Free Services"), to which all the provisions of the General Conditions relating to the Services and Content will apply, as defined below, wherever applicable.

  2. The General Conditions govern and regulate the Services, cancel any previous provision between the Parties not expressly mentioned or attached, and constitute the set of rights and obligations of the Company and Users.

  3. The purpose of the Services is to grant Users access to an archive, present on the Platform, containing Updates, Audio Pills and Reviews (hereinafter, jointly, the "Contents"), which may contain and/or possibly be accompanied by information, text, photos, videos, graphics, music, audio and other material (hereinafter the "Materials"). The User can take advantage of the Contents through the Platform, after paying the fee referred to in the following art. 10.

  4. In addition to the terms and words defined elsewhere in the General Conditions, for the purposes of these General Conditions, the following are defined:

    • "Causes of Force Majeure" by way of example including, but not limited to, we consider causes of force majeure within the meaning and for the effects of the General Conditions: lockouts, strikes, war, revolts, or other military actions, floods, fires, lightning, explosions, accidents, power outages, interruptions, malfunctions or overloads of telephone or telematic lines or any other event beyond the Company's reasonable sphere of control;

    • "Consumer Code" the Legislative Decree n. 206 dated 6 September 2005 on consumer rights;

CONCLUSION OF THE GENERAL CONDITIONS

  1. By pressing the "Subscribe" or "Buy" button when registering on the Platform or, in any case, when using the Services, the User declares to have read and expressly accepted the General Conditions. User access to the Services and/or Content may only take place upon registration, unless the Company decides, at its sole discretion, to make available to Users free trial versions of the Services, in which the User can do a test download of a Content (the “Demo"). Registration to the Platform will take place after the payment, by the User, of a monthly or annual subscription to the Platform, specifically and exclusively functional to the use of one of the Services (the "Subscription"). If the User does not intend to accept even just one of the terms and conditions of the General Conditions, he/she is invited to refrain from using the Services and from registering on the Platform.

  2. The User acknowledges and accepts that the Company reserves the right to modify the General Conditions at any time, at its discretion, making the User aware of the changes through a publication on the Platform. The simple visit to the platform after the change will constitute a complete acceptance by the User of the modifications.The User acknowledges and accepts, therefore, that it will be their responsibility to periodically connect to the the Platform in order to check for any changes.

FINALISATION OF REGISTRATION AND PAYMENTS

  1. With particular regard to 4Books, the User will have the opportunity to try the Service by clicking on "Try 4Books for free" for a (7) day trial, by providing the Company with his/her name and last-name and e-mail. Registration for the purpose of the trial of 4Books, by the User, does not imply any commitment of the User to subscribe to the Subscription. The User remains free to choose to unsubscribe before the expiry of the seven-day trial without being charged; if, after the trial period referred to in this article, the User decides to use the Service, he/she must subscribe a Subscription, at the economic conditions specified in Article 13 and by paying in the ways set out hereunder.

  2. After the trial period, aforementioned in article 7, the User must complete the registration process on the Platform and create his/her own account within the Platform, which will allow the User to use the Services. In completing this process, the User fill out the necessary data requested on the registration page, consisting of an e-mail address and a password. After completing the registration process referred to in this article, the User will receive instructions from the Company on how to pay for the 4Books Subscription or The Update Subscription, in order to subsequently use one of the Services.

  3. The Reviews will be offered in English, in Italian or in Spanish

  4. The Contents will be made available to the User by the Company through the Platform and will be available until the effectiveness of the General Conditions ceases, for any reason, or until the Subscription purchased by the User is canceled. The User declares and acknowledges that failure to pay the Subscription for the chosen Service and/or cancellation of the same will result in the closure of the User's account on the Platform and the consequent impossibility for the User to access the Contents.

  5. In particular, The Update will allow the User to get:

    (i) the Updates at the e-mail address communicated during the registration phase (daily, from Monday to Friday); and

    (ii) the Audio Pills to the e-mail address communicated during the registration phase (on a weekly basis, on the weekend).

  6. The price of the monthly subscription to The Update is set at €8.99 including VAT, while the annual subscription to The Update is set at €49.99 including VAT. The fee constituting the Subscription must be paid by the User in a single-down payment, or with monthly payments, depending on the type of Subscription chosen.

  7. As for the 4Books Subscription, instead, it is available both in the annual formula, with a price set at € 81.96 plus VAT, if applicabile, and in the monthly formula, with a price set at € 8.19 plus VAT, both to be paid in full upfront at the beginning of the annual or monthly period.

  8. The User acknowledges and accepts that the Company reserves the right to offer different rates, or grant free access to some categories of Users, or during particular commercial promotions, and the User will not be entitled to any sort of claim in this regard.

  9. The User acknowledges and expressly accepts that the Company may, at its sole discretion, suspend and/or discontinue the possibility of purchasing Subscriptions or the possibility of using the Services, as well as to modify these possibilities.

  10. Upon cancellation of the Subscription, it will no longer be possible for the User to use the Service purchased unless it is renewed.

  11. To complete the purchase of the Subscription, the User can pay via credit card and/or other similar electronic means of payment indicated on the Platform. To proceed with the payment through the means of payment referred to in this article, the User must use the relevant page made available by the Company and enter all the billing data required. The User acknowledges and accepts that the payments and all the processing of the data necessary to make the payment are entirely processed by third-party companies other than the Company, therefore, for the payment terms, please refer to the terms and conditions available within the websites of each of the third parties involved.

    In case of payment via credit card, as the online transaction is concluded the payment gateway will authorize the amount relating to the purchase made. In case of purchase cancellation by the User, the Company will - without delay - request the cancellation of the transaction, and the return of the sum. The release times, for some types of cards, depend exclusively on the payment gateway system and can reach their natural expiration (24th day from the authorization date). Once the transaction has been canceled, the User acknowledges and expressly accepts that in no case can the Company be held responsible for any damages, direct or indirect, caused by delay in the payment gateway in releasing the sum.

    The Company reserves the right to request additional information from the User (e.g. ID) or to send a copy of the documents that prove ownership of the credit card used. In the absence of the required documentation, the Company reserves the right not to accept the order. At no time during the purchase procedure referred to in this article, the Company is able to know the information relating to the User's credit card, transmitted via secure connection directly to the payment gateway site that manages the transaction. No computer archive of the Company will keep such data. In no case can the Company therefore be held responsible for any fraudulent and undue use of credit cards by third parties at the time of payment.

  12. If the User is a consumer (i.e. a natural person who registers for purposes not related to his/her professional activity or does not make the purchase by indicating a VAT number, as defined in article 3, paragraph 1, letter a) of the Consumer Code - hereinafter the "Consumer"), once the online purchase procedure is concluded, it will be the responsibility of the Company to send the User via email, inter alia, the link to these General Conditions, which the User will print or save and in any case keep, in compliance with the provisions of the current Consumer Code.

RIGHT OF WITHDRAWAL

  1. The User has the right to terminate the Subscription prior to its expiration, otherwise, the Subscription will automatically renew.

  2. To exercise the right of withdrawal, the User is required to inform the Company of his/her decision to terminate the Subscription through a written communication to be sent to the Old Casino, 28 Fourth Avenue - Hove, EAST SUSSEX BN3 2PJ - United Kingdom or by e-mail at [email protected] If the communication is sent to the Company by the 20th day of every month, the termination will be effective from the immediate following month. Upon receipt of the communication within the period indicated above, the Company will reimburse the Customer, within the next 14 working days, the amount equivalent to the unused subscription period. The refund will be made by re-accrediting the amount initially charged to the credit card used for the purchase of the Subscription, unless the Parties have expressly agreed otherwise in writing.

  3. In view of the withdrawal right stated in the previous article, the User will no longer be able to make use of the purchased Service.

INTELLECTUAL PROPERTY RIGHTS

  1. The Contents have been created also with the support of third parties and are for information and training purposes only. Through the use of the Services, the User expressly recognizes that what is contained in the Contents can be incomplete, inaccurate, out of date or not satisfy their needs and requirements.

  2. The User acknowledges and accepts that the Contents, and the Demos, as well as trademarks, logos, domain names, designs, algorithms, software, and any other material that may be subject to the rights of a patent (including source codes) and/or any other intellectual property rights relating to the Services, the Contents and the Platform (hereinafter, collectively, the "Rights"), are the exclusive property of the Company and/or of third parties who have granted a license of use to the Company, and are protected against unauthorized use, copying and dissemination of industrial law and intellectual property legislation.

  3. Upon payment of the Subscription, the Company will grant the User a license whose duration is equivalent to the lifetime of the Subscription and subject to payment of the same, through which the User will be able to use the Contents and Services, exclusively for personal use, and through the Platform. The license referred to in this article may be revoked by the Company at its discretion at any time.

  4. Except for what is allowed by the General Conditions, the User cannot download, copy, use, transfer, rent, sub-license, loan, modify, adapt, attempt to modify or alter the source code, perform reverse engineering operations, decompile, disassemble or otherwise operate, in whole or in any part, the Contents and/or content of the Platform.

  5. Except for what is provided for in the aforementioned article 24, nothing contained in the General Conditions and/or elsewhere must be interpreted as a license or an implicit assignment, by acquiescence or otherwise, of the Rights to Users. The use that is unauthorized and/or not strictly personal, the copying, reproduction, modification, republication, updating, downloading, sending by post, transmission, distribution or duplication or any other abusive use of the Contents and all that is the subject of the Rights by the User must be considered prohibited. As a user of the Service, the User undertakes not to use the Contents and Rights for illicit purposes and/or in violation of the provisions of the General Conditions and undertakes not to violate the Rights of the Company and/or its third party licensors. as described in the General Conditions.

  6. Consequently, the User undertakes as of now to indemnify and hold harmless the Company for any damage or loss directly or indirectly resulting from the use that the User will make of the Contents and of everything covered by the Rights in violation of the provisions of the General conditions.

  7. In relation to the Materials that may be present in the Contents, the User accepts and acknowledges that the Company (i) has received the necessary authorizations from any third-party owners of the Materials exclusively for the purposes directly connected to the Services and (ii) cannot provide any guarantee in regards to the correctness, truthfulness, completeness and originality of these Materials and therefore, by way of example only, it does not guarantee that they do not infringe the rights of third parties.

USER DECLARATIONS AND WARRANTIES

  1. The User declares and guarantees:

    1. to have read and understood the General Conditions;

    2. that he holds the necessary powers to act for the purposes referred to therein and to have the ability to act and sign legally binding contracts;

    3. to have chosen a secure and complex password when registering on the Platform; and that for the entire duration of the relationship that arises with the signing of the General Conditions and/or the Subscription he/she: (i) will keep the password safe and secret; (ii) will not transfer any part of the Subscription (by way of example and not limited to, access to the Contents); (iii) will not allow third parties to use their account within the Platform and (iv) will comply with any applicable law regarding the management of the accounts;

    4. to refrain from reproducing, duplicating, copying, using, selling, reselling and in any case exploiting the Contents and Rights for commercial purposes;

    5. to refrain from any form of use, direct and/or indirect, of the Services, against to the law or not in compliance with the provisions of the General Conditions;

    6. to not use so-called spamming, chain messages or pyramid selling systems;

    7. to not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar cyber threats;

    8. to not use software or other automatic or manual mechanisms to copy or access the pages that offer the Services and/or to their content.

  2. The User accepts and acknowledges that, unless expressly specified in the General Conditions, the Company does not issue any declaration or guarantee, expressed or implied, regarding the Services.

RESPONSIBILITY

  1. The User accepts and acknowledges that the Company guarantees nothing whatsoever in regards to the correctness or updating of the information in the Contents and/or Materials. Therefore, the User cannot make any claim in regards to the correctness of said information towards the Company.

  2. The User acknowledges and expressly accepts that:

    1. 4Books and The Update are subscription services dedicated to entrepreneurs, managers and professionals who want to stay updated on the latest news from international business publishings and/or the digital sector through the Reviews, containing only the macro-themes addressed in these publications but in no way are they intended to replace the full reading of the same, and through Updates and Audio Pills. Through the Platform, the Company aims at providing Users with only disclosure services that could also orient some purchase by Users but without any promotional and/or advertising purpose, since the choice of Reviews, Updates and Audio Pills is made by the Company with absolute independence from the authors and/or publishers of the publications and/or from the owners of trademarks possibly mentioned within the Contents themselves;

    2. the Platform is not aimed at providing professional legal, corporate, commercial, tax, etc. consultancy services. No personalized advice is offered through the Platform and/or the Services. The actions taken by Users in any context that can be directly or indirectly linked to the Services and/or contents of the Reviews and/or Updates and/or Audio Pills are exclusively attributable to the Users themselves and in no way can the Company be held responsible the possible negative consequences, losses and/or damages deriving from legal, commercial, corporate, tax choices etc. possibly undertaken (and/or not undertaken) by Users following the use of the Services;

    3. any information available on the Platform is of a general nature and constitutes a mere personal opinion of the author of the Reviews and/or the author of the book of which the Review was made and/or of the author of any Content and that the Company is not in any way responsible for what is stated in the Contents. The Company does not carry out any preventive and/or subsequent checks on the Contents, quality, truthfulness, accuracy and updating of what is stated and disclosed in the Contents and, therefore, there is no guarantee in this regard;

    4. that a Review, by its nature, has the function of reviewing and analyzing the contents of a work and will be therefore omitting certain details, so the Review could present some discrepancies and/or differences compared to some contents of the original work, which can also be translated into a different language from the original one. The Company does not guarantee the completeness and conformity of the Review with respect to the original work;

    5. the Company cannot in any way be held responsible for the results obtained by Users using the Services, whether they be negative or positive;

    6. in the event of a violation of the law, of third party rights or of the General Conditions, by the User, the Company may, at its complete discretion, suspend or interrupt the provision of the Services, close the User's account, prevent his/her access to the Platform or take any other useful action to protect the Company's rights.

  3. Except in the case of willful misconduct or gross negligence, the User acknowledges and accepts that the Company will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, suffered and/or borne by the User related to the payment of the Subscription and/or, in any case, in connection with the use of the Services.

  4. By way of example but not limited to, the Company cannot be held responsible for any damage that may result to the User's computer from any breach of security or from any virus, bug, tampering, unauthorized intervention, scam, error, omission, interruption, cancellation, defect, delay in operations or transmissions, failure of computer lines or any other technical or other defect, if such an event is related to the Internet transmission initiated through the Platform or in any other way.

  5. Furthermore, the Company will in no way be held responsabile towards the User for any delays or breaches of its obligations in the provision of the Services in the event that such delays or breaches arise from Force Majeure and/or in any case from any other event that is beyond the Company's reasonable sphere of control.

  6. The Company is not necessarily affiliated and/or partner with the individuals and/or legal persons who own the websites to which links exist within the Platform and/or the Contents and is not responsible in any way for the content of said websites. These connections are made exclusively for the convenience of the Users and access to these sites takes place at the discretion and exclusive responsibility of the Users themselves. A link from the Platform or the Contents to any other website does not imply that the Company approves, endorses or recommends in any way said website or has any control over any element of the content of said website.

  7. However, and as far as permitted by law, neither the Company nor any of its operators, managers, employees, representatives, subsidiaries, affiliated companies, license holders, agents or other personnel involved in the production, sponsorship, promotion or disclosure of the Contents, will be held responsible for (i) direct and indirect damages connected to the use of the Services, including damage to property deriving from theft or tampering, damage related to physical injury, death or in any way connected to the use of the Service; (ii) direct and indirect damage to the honor and reputation suffered during the use of the Services; (iii) damage resulting from the inadequacy of the information provided by a Content to Users.

INDEMNIFICATION

  1. The User undertakes to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees from any damage, liability, appeal or claim for compensation, including reasonable, legal defense charges advanced by third parties as a result of the use, by the User, of the Contents and Services in a manner that does not comply with the General Conditions, and/or violations of the conditions contained therein, and/or failure to comply with the declarations and guarantees contained in the General Conditions.

PRIVACY

  1. In fulfilling its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, integrated with the changes introduced by Legislative Decree no. 10 August 2018 no. 101 (hereinafter, the "Code") and EU Reg. 2016/679 (hereinafter, the "Regulation", the Code and the Regulations jointly the "Privacy Law") and, for this purpose, undertakes to adopt physical, logistical and organizational security measures necessary and adequate to guarantee respect for the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing. The data may be processed only to the extent strictly necessary for the activities to be carried out pursuant to the General Conditions.

  2. The Company respects and protects the privacy of its Users. The Company will not use Users' personal data for marketing purposes and/or to send commercial communications and/or direct sales without having obtained the prior expressed consent, in compliance with the provisions of the Privacy Law. To better understand how the Company uses the personal data of Users, the User can carefully read the Privacy Policy referred to at the following link: https://4books.com/it/privacy.

  3. By accessing their account, Users can at any time correct, edit or update their personal data. If the User decides to block and/or delete his/her profile, all stored data relating to the User will be deleted by the Company. If the complete cancellation of the User's data is not allowed and/or the storage of a copy of the information relating to the User is required by law, the data will be blocked in relation to any further processing.

TRANSFER

  1. The User can’t transfer the General Conditions and the Subscription to third parties either in whole or in part.

SURVIVAL OF TERMS

  1. Without prejudice to the provisions of the General Conditions regarding changes by the Company, the General Conditions will remain effective until the moment in which the User or the Company takes advantage of the right of termination or withdrawal within the terms established by the General Conditions.

  2. The terms of the General Conditions contained in the following paragraphs will remain valid and effective even after the termination of the effectiveness of the General Conditions: Finalization of the Registration and Payments; User Declarations and Guarantees; Intellectual Property Rights; Responsibility; Indemnification; Survival of Terms; Law and Jurisdiction; General Terms.

TERMINATION

  1. The Company, pursuant to art. 1456 of the Italian Civil Code, may terminate the General Conditions with immediate effect, by simply sending written communication via certified e-email or registered letter with return receipt to the User, if the User has violated one or more of the following provisions of the General Conditions: Finalization of the Registration and Payments, User Declarations and Guarantees; Intellectual Property Rights; Transfer. In any case, the Company remains entitled to compensation for damage.

LAW AND JURISDICTION

  1. The General Conditions are entirely governed by the Italian law.

  2. Without prejudice to what has been established to protect consumers regarding jurisdiction, any dispute arising between the Parties in relation to the validity, interpretation, execution and resolution of the General Conditions and/or in any case in connection with the General Conditions, will be the exclusive competence of the Court of Milan, with the exclusion of any other, even competing or alternative.

GENERAL PROVISIONS

  1. Any tolerance by the Company towards User behavior in violation of any provision of the General Conditions does not constitute a waiver of the rights deriving from the violated provision, nor the right to demand the correct fulfillment of all the provisions of the General Conditions themselves.

  2. Failure or delay in exercising a right due to the Company pursuant to the General Conditions does not imply a waiver of the same.

  3. The General Conditions contain the overall agreement reached by the Parties with respect to the subject matter of the same and prevail over all previous communications, declarations, as well as understandings and agreements, both oral and written, reached by the Parties.

  4. If any term or other provision of the General Conditions is declared null, voidable or inapplicable, all the other conditions and provisions of the General Conditions will in any case remain fully valid and effective. In the event that there is the cancellation or nullity of some term or provision because it is invalid, contrary to imperative or unenforceable rules, the Parties undertake to negotiate in good faith to modify the General Conditions in such a way as to achieve, in the best way possible, the original intention of the Parties in order to fulfill the commitments set out in the General Conditions in the best possible way.

  5. The Company and the User act in full autonomy and independence. The General Conditions do not give rise to any relationship of collaboration, agency, association, brokerage or paid employment.

  6. Any communication from one Party to another pursuant to the General Conditions must be sent either by registered letter with return receipt or by e-mail (provided with the receipt notification option) to the following addresses:

    • for the Company: postal address indicated in the epigraph of the General Conditions; e-mail address: [email protected];

    • for the User: the postal address or e-mail address communicated to the Company when registering on the Platform, as modified and updated by the User from time to time through their account on the Platform.