Terms of Use and General Terms and Conditions for Access to the Platform www.bee-part.net

 

 

These general terms and conditions of use (hereinafter referred to as the ‘Conditions’) govern the use of the services offered by the company Bee-Part S.r.l., with registered office in Via Edoardo Ressi n. 17 – Milan – P.I. 13453900964 (hereinafter referred to as the ‘Provider’) through the website, www.bee-part.net, with the aim of promoting and managing the web platform to allow all users interested in the community to participate.  The platform is the place where freediving enthusiasts meet, map their skills, compare and grow . Our aim is to introduce people to the world of freediving and to help them discover the physical and mental benefits of the practice. The Bee-Part platform is an inclusive and collaborative place where open-minded people come together to share, listen, learn and grow.

By joining our platform you will be asked to place a tick. The tick or flag represents a simple electronic signature (FES); by placing it, you represent and warrant that you have read and fully understood the meaning and scope of these Terms and Conditions in each and every clause and that you accept their content in full. 

 

1. Definitions

 

 

1.1. In these General Terms and Conditions, the following terms shall have the following meaning:

 

1.1.1. Supplier:  to be understood as Bee-Part S.r.l., with registered office in Via Edoardo Ressi no. 17 – Milan – P.I. 13453900964, holder of all intellectual property rights and operator of the platform www.bee-part.net;

1.1.2. Platform: to be understood as the website www.bee-part.net

1.1.3. User: means indiscriminately all users who, following registration on the Platform and acceptance of the Conditions, use the Service. 

  • Account: indicates the account (set of information identifying the user) created by the user by completing the registration procedure on the platform. 


  • Service: to be understood as the service offered through the platform, consisting of the possibility for users to access and participate in activities.


  • Partner : the professional who accesses the platform to offer its products and services to users.


  • Community:  all members (professionals and users) of the platform who participate in the activities.    


  • 1.1.8. Code of Conduct: code of conduct signed by Partners offering goods and services to platform users.  


  • 1.1.9. Bee-Part Contract Standards: set of rules or clauses that must be contained in the agreements between members of the platform. 

2. Object of Service and Memberships

 

 

2.1. The Bee-Part Community provides for different levels of Memberships.

Specifically, the Memberships are:

 

Open

Reader

Active

Pro

Period of validity

15 days, non-renewable

1 year, renewable

1 year, renewable

1 year, renewable

Updates about Community Activities

Access to community content

Partial

Partial

Full

Full

Access to training content (courses)

X

X

Active participation in Community activities

X

X

Promotion/marketing of own services/products

X

X

X

Community Group Administration

X

X

X

  1. A) Open allows you to log in and stay informed of Community activities for a period of about 15 days after which your account can be upgraded to Reader, Active or Pro.
  2. B) Reader allows you to access and stay informed about the activities of the Community and to consult certain parts of the information content. You will receive further content in the area of information and training.   
  3. C) Active allows you to log in and stay informed about the activities of the Community and to actively participate in the activities. You have access to further content in the area of information and training.   
  4. D) Pro gives you the opportunity to promote your services and/or products, to be administrator of a group of community members that you can manage independently. You have access to content on the Active level and can also sell your products and services to Community Users.

2.2.  Bee-Part does not provide training and/or sell products and/or services. BeePart’s function is exclusively to grow the Community and to connect Users with other Users and Partners.  Bee-Part guarantees rules of conduct to which all those who wish to join must adhere. Violation of the Code of Conduct leads to exclusion from the Bee-Part platform.  

 

3. Platform registration process – Account 

3.1 The provision of the Service to the User is conditional on the User creating his/her own personal account. The account is created by: a) accessing the Platform; b) completing the registration procedure by providing all the required data (personal details, address, e-mail address); accepting these General Terms and Conditions and Privacy Policy. 

3.2.  The conclusion of the process is confirmed by the e-mail of successful registration.

3.3. The User declares and guarantees that the data entered when registering on the Platform is true and correct and that they have the legitimacy to register on the Platform and to use the services.

3.4. If the User registers in the name and on behalf of a third party, he or she expressly declares that he or she has the power or has been expressly authorised to carry out these acts, exonerating Bee-Part S.r.l. from any consequences or liability. Bee-Part expressly reserves the unquestionable right to suspend any User who engages in conduct contrary to the provisions of this clause. 

3.5. The User is informed that, i) non-acceptance of the general terms and conditions, and/or ii) failure to complete, incomplete or inaccurate completion of the registration procedure does not allow the User to make full use of, or allow partial use of, the platform access service.  

3.6. By creating an account to access the Platform, the User accepts the general terms and conditions in all their parts, authorising as of now Bee-Part S.r.l. to process their personal data in accordance with the terms and conditions of use set out in the privacy policy on the site. 

3.7. Bee-Part reserves the right to suspend, even temporarily and/or permanently, a user in the event that another user or a third party reports one or more breaches of these General Terms and Conditions or of the Code of Conduct.

 

4 Exemption of Platform Liability and Obligations of Users and Partners

 
4.1. The Provider assumes no liability and is therefore not responsible for the actions of members for acts or facts that caused damage to other members of the Bee-Part Community or third parties.

4.2. Users and Platform Partners are obliged to comply with good technical rules of freediving and health safety during activities.

4.3. Users and Platform Partners entering into agreements with each other for the provision of products/services are obliged to comply with the Bee-Part Code of Conduct and contractual standards provided for the benefit of all parties.  The contract is between the parties: User/ Partner. Bee-Part is not a party to the contract but acts as a controlling body. 

4.4. Bee-Part provides a review service for its own services and products or those of other manufacturers or partners. You may report any violations of the Bee-Part Code of Conduct or Bee-Part Contractual Standards to management. 

4.5. Violators of the Bee-Part Code of Conduct or Bee-Part Contractual standards may, at Bee-Part’s discretion, be suspended temporarily and in the most serious cases excluded from activities. This is without prejudice to Bee-Part’s right to take action for damages. Temporary suspension or exclusion from the Platform does not entitle them to a refund of the sum paid for membership.  

4.6 Partners and users indemnify Bee-Part S.r.l. against any claims for damages from Platform members or third parties that are directly or indirectly related to their actions. 

4.7 Bee-Part shall not be liable for damages arising from loss of profit or loss of chance. 

6. Obligations of Users and Partners


6.1. Users and Partners undertake to use the Platform in compliance with the purposes̀ set out herein, specifying that the site and the Services may not be used illegally or for any other purpose contrary to these Terms and Conditions, as well as may not be used to infringe the legal rights and interests of others, whether natural or legal persons. 

6.2.  Users and Partners may not use any type of device, program or algorithm, including spiders, robots, deep-links and page-scrapers, or any similar or identical manual program, to access, acquire, copy or monitor any part of the Site. In addition, you may not̀ visit, obtain or copy any materials, documents or information on this Site by any method not provided by this Site. 

6.3.  Users and Partners may not attempt to illegally access, reverse engineer, or use other illegal methods to gain unauthorized access to this Website or its Services. Users may not̀ trace, reverse look-up, reverse-engineer, decrypt, or reverse-engineer customer information on the Website 

6.4. Users and Partners may not breach any of the protection mechanisms or authentication measures used by or in connection with this Site. Users may not probe, scan or otherwise test the network vulnerabilities̀ of this website or its links, nor launch any form of attack against it. 

6.5. Users and Partners agree not to use any device, software, or program to interfere or attempt to interfere with the normal operation of this Site or any transaction conducted on this Site, nor to interfere or attempt to interfere with the use of this Site by other users. You may not take any action that would store unreasonable or disproportionately large amounts of data on the infrastructure, system or network of this Website or on systems or networks that are connected to this Website. 

7. Contract Duration and Termination

7.1.  This Agreement is valid for one year. It shall be automatically renewed and the user shall be notified by e-mail 10 days before the automatic renewal of his membership.   

7.2.  The User has the right to terminate the Agreement for any reason and at any time by requesting the cancellation of the account, by sending a PEC to bee-part@lamiapec.it, or by registered mail to the registered office of the companỳ . 

7.3. Withdrawal does not entitle you to a refund of the fee paid for the annual subscription. 

8. Interruption and suspension of access to the Platform and the Services provided

8.1. In the event that the User violates the provisions of these General Terms and Conditions or other legal provisions, so as to irreparably impair the contractual relationship between the Parties, the Supplier is entitled to terminate the contract by permanently suspending the Account. 

8.2. The Supplier reserves the right to cancel the Accounts, not only in the aforementioned hypothesis, but also in the event that it decides to limit the service offered to certain geographical areas or certain sectors or categories of Users, or if it decides to discontinue the service. 

8.3. In the event that the User is in breach of these Conditions in a manner deemed by the Provider to be of a nature that does not irreparably damage the relationship, the Provider shall have the right to temporarily suspend the account, notifying the User of this intention. 

8.4. The Supplier guarantees the technical structure of the platform to connect users, however, it is exempt from liability in the event that the service cannot be provided for reasons not attributable to it due to gross negligence or wilful misconduct. The Provider has the right to temporarily suspend user access even without prior notice in order to carry out maintenance work, updates and/or service improvements for the benefit of the user. The Supplier is exonerated from any liability for any damage suffered by the user as a result of such service interruptions, which are necessary to ensure the provision of the service itself. 

9. Protection of content and user data


9.1. The Supplier uses state-of-the-art protection systems and up-to-date software to protect the information entered. The Supplier is exonerated and is expressly released from any liabilitỳ relating to data security due to malfunctioning and/or tampering by third parties with the computer system and the relevant certificates.. 

10. Authorisations, Copyright and Intellectual Property.


10.1. The entire Platform, including graphics and content, is protected by Italian and International Copyright laws and Bee-Part S.r.l. holds all rights, whether owned̀ or licensed. Furthermore, all trademarks, domain names, company names, logos are the exclusive property of Bee-Part, with the consequent protection provided for by the applicable laws on intellectual property rights and copyright. Reproduction in any form of the Bee-Part brand name is expressly prohibited without express permission. Reproduction in any form is strictly prohibited or having reproduced in any form, without express authorisation. 

11. Partial annulment

11.1. The invalidity or ineffectiveness of one or more clauses is limited to those clauses, not affecting the validity of the entire agreement. 

12. Transfer of contract

12.1. The Supplier has the right to transfer this contract to third parties without any obligation to give reasons, notifying the users of this intention. In this case, users shall have the right to withdraw by sending an appropriate notice by e-mail-pec or registered letter with return receipt to the companỳ within 10 days of receipt thereof. 

13. Jurisdiction and applicable law 

13.1. All disputes relating to the execution, interpretation of this contract shall be exclusively devolved to the Court of Turin. This contract shall be governed by Italian law and all applicable regulations, including the Consumer Law, shall apply insofar as not expressly stated.. 

14. Information on the processing of User Data 

14.1. The User authorises the Supplier to use their personal data in accordance with Legislative Decree 196/2003 and in compliancè with the GDPR. 

14.2. Bee-Part S.r.l. as Data Controller shall provide precise information on processing. The information notice is published on the website, can be easily consulted and can be sent by e-mail to anyone who requests it.   The information on data processing on the site constitutes an annex and an integral part of this contract.

 

15. Bee-Part® brand and images

 

15.1 It is prohibited, without specific authorisation from Bee-Part, to make use in any form whatsoever and for whatever reason of Bee-Part’s trademarks, distinctive signs and logos (hereinafter referred to as ‘trademarks’). The images on the Bee-Part platform are the property of Bee-Part.

 

15.2 Registration and use of the platform do not permit personal and/or commercial use of the images and trademarks, unless specifically authorised. Authorisation to use the images on the site and the trademarks may only take place by deed of authorisation or contact. The right of use is not transferable to third parties. In any event, the termination of the relationship between Bee-Part and the authorised party shall automatically result in the revocation of the authorisation to use the images and trademarks, with Bee-Part having the full and unquestionable right to request the immediate removal and destruction of the material. 

 

15.3 The persons authorised to use the images and brands must notify Bee-Part of the formats containing the images and brands they intend to publish and the context in which they will be displayed to the public . All images and brands in whatever form expressed and by whatever channel (print, television, radio or web) published and disseminated must be specifically approved by Bee-Part prior to their dissemination.

 

16.  Partner

16.1 The relations with the Partner are governed by a specific contract. The Partner acts in his contractual relationship with Bee-Part and towards Users as a Professional. The Partner may use the Platform to offer his services to Users. The Partner undertakes to comply with the Code of Conduct and to act professionally and fairly.

17. Payment Methods

17.1 The platform provides users and partners with a web-based payment system.

17.2 The payment system, which guarantees the confidentiality of the User’s data and enables the payment of the annual membership fee to the Platform or the purchase of services offered by Partners.

 

 

CODE OF CONDUCT

 

Bee-part aims to create a safe, pleasant and useful space for the participants of the Community. The rules of the Bee-part Community (hereafter referred to as Community for short) reflect its values and are intended to clarify what behaviour is encouraged and what is not accepted. 

 

They must also clearly explain what actions will lead to being first warned, then removed or excluded from the group or Community, and reported to the Community Manager. Users can provide feedback and share ideas, can report if another user breaks the rules and then contact the Community administrators if they have concerns. 

 

The Code contains the rules of conduct that members of the platform must have towards other members of the Community and towards Bee-Part. The behaviour of members of the Bee-Part Community must always be oriented towards loyalty, transparency, and fairness. 

 

This Code of Conduct may be subject to occasional changes and updates as may be necessary for regulatory adjustments and/or to increase the level of protection for members. It is the responsibility of each member to keep abreast of any changes. Violation of these rules may result in immediate removal from the group or other disciplinary action as specified below.

 

Article 1 – Purpose of the Code of Conduct

 

The Code of Conduct is a code of ethics and behaviour which all persons, Users and Partners who join Bee-Part are obliged to abide by, in order to preserve and enhance the reputation, competence and social strength of the Community. 

 

The rules contained in this Code of Conduct apply to all Members of the Bee-Part Platform, in the exercise of their activities, in their relations with each other and with third parties. Full acceptance of the rules contained in this document is essential for membership of the Community. 

 

Bee-Part shall ensure that members of the Community abide by it. They shall also respect and observe the laws, ordinances, technical regulations and precautionary and safety rules. 

 

Bee-Part ensures that they respect the human dignity of all those with whom they have personal and professional relations. Towards children, the weak and disadvantaged. Towards nature, the environment, sustainability and scientific research.

Article 2 – General Principles and Values

 

Members of the Bee-Part Community respect and stand for the following values: 

 

  • Honesty: towards the community and the community. 
  • Loyalty: that is, managing human relations in a spirit of community and sharing and respecting the roles and duties of others. 
  • Transparency: of one’s actions and considerations.  
  • Commitment of each User is to maintain a communicational profile marked by the transmission of true and proven opinions, notions, facts and information. 
  • Justice and impartiality: In cases where it is required, the User may be asked to express his or her opinion on services rendered by other Users/Partners. They shall always be inspired by impartiality and objectivity and never any personal interest shall cloud the clarity of the judgement made.
  • Sustainability: the pursuit and achievement, within one’s profession or service offering, of a balance between respect for nature and the environment, cultural diversity, social, environmental aspects, and the achievement of an economic result.

Article 3 – Obligations of members of the Bee-Part Platform

 

Bee-part is a private community that can only be accessed after completing registration. http://www.bee-part.net is the URL of the Community’s public site.

 

It is prohibited to interact within the Community by assuming false identities or on behalf of other members or non-members of the Community.

 

Members are required to act in full compliance with the Code of Conduct and the commitments made upon registration.

 

Incitement to hatred, violence, pornography and any other harmful content that violates the Community guidelines is strictly prohibited. Such messages or posts will be deleted immediately to prevent their dissemination among participants.

 

Members are obliged to report to BeePart cases in which other members behave inappropriately and in violation of this Code of Conduct .

 

Members are obliged to behave in such a way that they do not damage, discredit or compromise the image of BeePart and other members, Users/Partners, of BeePart.

 

Users may freely express their opinions even if they conflict with those of other Members, but they are obliged not to denigrate the latter or their actions in any form whatsoever.

 

Messages or posts with content that amounts to spam, trolling, non-sense and self-promotion will be deleted immediately.

 

During discussions on shared topics, phrases that offend the dignity and integrity of others are not permitted. Scurrilous and outrageous language is not permitted.

 

In activities outside the Community, Members shall refrain from any disparaging or discriminatory remarks in favour of or against Bee-Part or other Bee-Part Members.

 

Article 4 Publication of posts and articles

 

Posts and messages sent to the Community must be transmitted with a certain identity that can be verified. 

Moderators must not have a conflict of interest with the author of the post or publishing. Publishing that leads the Community to violate the law will be deleted immediately. 

Publishing must not include personal information of other members of the Community or even non-members.

Publishing must not contain accusations and/or reports of crimes or the attribution of any criminal activity unless the fact attributed to the subject has already been the subject of a judicial decision and therefore public.

 

Publications must not violate legal, confidentiality or non-disclosure agreements of third parties.

 

The intellectual property of published articles and training courses belongs to the author. 

 

The authorship of publications is presumed to belong to the subscriber. It is strictly forbidden to reproduce works or parts of works referring to authors other than the one who publishes them on the platform without specific authorisation from the author and/or publisher.    

 

Publications are published without censorship or editing by moderators.  Bee-Part will not change the content with the exception of corrections made to grammatical errors or typos.  Bee-Part, which operates the Platform, is not a publisher and does not carry out editing activities Authors of publications assume full and complete responsibility for the published content. 

 

Bee-Part reserves the right to take direct action against the person who has published where it finds violations relating to the content or authorship of the publication, or to call the author of the publication to account in the event of claims by third parties claiming infringement of their rights.    

 

Bee-Part reserves the right to remove the publication in the event that its content complies with the technical standards/good rules of freediving and poses a potential risk to Users.  In this case the moderators may propose to the author a publication that complies with the guidelines and rules, and the author may decide whether to publish or not. 

 

If the Author wishes to change or update his publication, he may contact Bee-Part. Bee-Part does not carry out any fact-checking procedures on the content of publications, nor does it remove the content of a publication in the event of disagreement regarding the opinions or facts stated. Except in cases where there is a violation as stated above.  Each user and member is responsible for their own actions and behaviour in the Community.

Article 5 –  Partner

 

The Partner may offer its services to users registered on the platform.

 

In order to be able to offer its services within the platform, the Partner shall enter into a contract with Bee-Part. The contract, in addition to containing specific rules governing the relationship, authorises the Partner to make use of the BeePart® brand and logo, within the limits set out in the contract itself.   The offer of services to Users must take the form of an offer to the public and must be formulated in a clear and transparent manner. A copy of the offer must be sent to Bee-Part. 

 

In the public offer, the Partner must state: 

 

  1. Object of the service;
  2. pre-requisites for attendance;
  3. what kind of medical certification is required; 
  4. whether or not (i.e. subject to) a preliminary verification session is necessary;  
  5. number, days and duration of teaching sessions; 
  6. price for participating;
  7. payment methods and terms;
  8. clear indication of what consequences non-payment in time may entail; 
  9. the deadline by which the registration deposit must be paid, stating that failure to pay by the deadline will result in the loss of the pre-registration and the possibility for others to acquire the reserved place.     
  10. Venue of activities;
  11. platform used for web lessons;
  12. duration of the lesson/session;
  13. whether or not the user can register the lessons;
  14. possibility of reproducing and disseminating lesson content;  
  15. indicate the consequence of the user’s non-participation. 
  16. consequence of the activity participant’s failure to meet objectives; 
  17. whether or not the activity can be rescheduled (if possible, provide the new session schedule))
  18. clearly specify what is not included in the offer;
  19. Indicate the following sentence in the Offer: ‘I hereby inform you that acceptance of this offer on your part entails the establishment of a legal relationship exclusively between us.  BeePart is not a party to the contract. BeePart’s task is to enable us, via the Platform, to be in contact with each other and to intervene in the event of a breach of the code of conduct. At the end of the activities you may be asked by BeePart to complete a questionnaire in which you can express your level of satisfaction.”    
  20. E-mail address to which notices concerning the contract and activities should be sent (for both parties) with the words “communications between the parties will be by e-mail to a)…@…..; b)….@….;

Bee-Part reserves the right to point out to the Partner any omissions, inaccuracies, inaccuracies in the public offer.

 

Article 6 BeePart image and trademark


Users and Partners undertake to use the Platform in accordance with the purposes of the Community. The Platform may not be used for any other purpose. By way of example only, the Platform may not be used for religious, political or commercial activities. 

 

The site and the Services rendered via the Platform may not be used illegally or for any other purpose that is contrary to these rules of conduct and the Terms of Use of the service. Any use of the Platform that infringes the rights of others is prohibited. 

 

The use or reproduction in any form of the Bee-Part trade mark, logo, domain names, company names is prohibited without express authorisation.

Article 7 – Infringements and penalties. 

 

Violation of the rules contained in the Code entails the initiation of disciplinary proceedings against the offender and the possible application of a sanction. The disciplinary proceedings and the application of the sanction shall in no way bind or limit Bee-Part’s ability to take legal action against the offender to protect its interests, its image and to claim compensation for damages suffered.

 

The penalties provided for are:

 

  1. The warning;
  2. The deletion of published content;
  3. Temporary suspension;
  4. The expulsion.

In the most serious cases, pending the conduct of disciplinary proceedings, Bee-Part may apply the precautionary measure of ‘precautionary suspension from activities and temporary removal of published content’ against the alleged offender. Under suspension (precautionary or sanctioning), the account is blocked with consequent inability to access the Platform and the offending content is removed.  

 

Article. 8 – Disciplinary procedure

 

Proceedings are initiated against the subscriber in the event of breach of the General Terms and Conditions of Use, the Partner Agreement or the rules contained in this Code of Conduct.

 

Disciplinary procedure in the event of an alleged violation provides that:

 

  1. Bee-Part upon receipt of a report or, in any event, upon learning of alleged misconduct on the part of a member, shall initiate disciplinary proceedings and consider the immediate issuing of precautionary measures.
  1. The initiation of proceedings with precautionary provisions are communicated to the offender by e-mail to the address provided at the time of registration.  
  1. If the behaviour is still taking place, Bee-Part shall invite the member to put an immediate end to the improper or damaging behaviour (e.g. by requesting the immediate removal or editing of the offending comment).
  1. Bee-Part may, within a period of 72 hours, at its discretion, require the offender to state the reasons for his behaviour.
  1. Bee-Part, at its discretion and as a precautionary measure, may apply, for the duration of the proceedings, the precautionary suspension of the account and the temporary removal of the published content.
  1. Within a period of seven days of receiving notice, Bee-Part shall take such disciplinary and sanctioning measures as it deems appropriate, in accordance with the code of conduct.
  1. Measures and/or requests for clarification are communicated to offenders by e-mail.
  1. Communications sent to the e-mail address indicated in the account at the time of registration are deemed to be valid and accepted. The person subject to disciplinary proceedings may notify Bee-Part of a different e-mail address where he or she intends to receive communications; in this case, from the date of the request, communications sent to the address indicated shall be deemed valid and accepted.

 

 

For help and assistance: info@bee-part.net

Bee Part s.r.l. Via Adeodato Ressi 17 – 20125 Milano – IT P.IVA: IT13453900964 - C.F.: 134539009642024 © Bee-part Srl, All rights reserved.