General Terms and Conditions for the Use of the We Wear Platform.
1.1 These general conditions of contract (the “General Conditions” or the “Contract”) are intended to govern the use by the User (as defined below) of the services described in article 2.1 below and offered by We Wear S.r.l., with registered office in Milan, Corso Plebisciti, n. 15, registered in the Register of Companies of Milan Monza Brianza Lodi under no. 10337690969, REA MI – 2524715, VAT number and Tax Code 10337690969 (“We Wear” or the “Company”).
1.2 The Services (as defined below) are offered by the Company through its application (hereinafter the “Platform”). 1.3 Access to the Platform, use of the
Services and/or use of all information and content made available by We Wear through or in relation to the Platform are subject to compliance with and acceptance by the User of these General Conditions, as well as compliance with the information on the processing of personal data (the “Privacy Policy”) of the Company and any further addendum, contractual integration, communication or notification that may be requested, transmitted or made available by We Wear at its discretion. Subscription to certain Services may also require acceptance of the contractual conditions and / or information on the processing of personal data by third-party sellers who provide services and / or sell products on the Platform (the “Sellers”), for the provision of said Services, as specified below.
1.4 The status of “User” is acquired once the registration process on the Platform has been completed, in compliance with the procedure provided for this purpose and after providing the information requested by the Platform. The Company reserves the right not to accept, at its sole discretion, registration requests submitted through the Platform, as well as to update and/or modify, from time to time, the requirements for joining the Platform and/or maintaining the status of User, without any obligation to provide prior or subsequent information to the User.
1.5 By accessing the Platform and using the Services, the User acknowledges that he has carefully read and fully understood the terms contained in these General Conditions and agrees to be bound by them. Failure to accept these General Conditions, as well as the additional documents referred to in Article 1.3 above, will make it impossible to access the Platform and use the Services offered by the Company.
1.6 The expressions listed below, when used with a capital letter, have the meaning attributed below in correspondence with each of them: “
Account” means the section of the Site and/or the App reserved for the User who has completed the registration process on the Platform, providing all the information requested for this purpose, including with regard to the process of creating the User Wallet.
“Avatar” means the digital twin obtained through the User’s 3D digital biometric scanning, carried out by the Company with the use of appropriate hardware and software components.
“General Conditions” has the meaning set out in Article 1.1.
“Contract” has the meaning set out in Article 1.1.
“Access Credentials” has the meaning set out in Article 4.1.
“Account Activation Date” means the time when the User receives the communication with which the Company confirms the creation of the Account and the related Digital Wallet, following the completion of the registration and Due Diligence procedure.
“Privacy Policy” has the meaning set out in Article 1.3.
“Platform” has the meaning set out in Article 1.2.
“Site” has the meaning set out in Article 1.2.
“Services” means the set of services provided from time to time by the Company through the Platform, as defined in Article 2.1 below.
“Company” has the meaning set out in Article 1.1.
“User” has the meaning set out in Article 1.4.
“Seller” has the meaning set out in Article 1.3.
“We Wear” has the meaning set out in Article 1.1
2.1 Through its Platform, the Company offers the User the following Services:
(a) the creation of an Account, to access the functionalities of the Platform for the management of information relating to the User profile, including: viewing and changing the profile picture; viewing and modifying personal data, including the User’s measurements; password change functionality; security.
(b) the association to the Account of the digital twin made through special hardware and software devices owned by the Company that reprocess the User’s 3D digital biometric scan, (“Avatar”); subject to the User’s consent, the Avatar may be displayed and used within the Platform
(c) .
2.2 The Company may also provide the additional Services from time to time advertised and/or made available through the Platform – including with reference to any third party partners with whom We Wear has entered into reporting, promotion, collaboration or other agreements.
2.3 Unless otherwise indicated on the Platform, all Services are provided by We Wear free of charge to the User.
3.1 In order to access and use the Services, the User must register by creating a special personal area in the dedicated section of the Platform, providing the personal information requested through the Platform (including his e-mail address). At the end of the registration process, the User will receive an email to the address entered during acceptance, to confirm registration and accept these General Conditions. We Wear is not responsible for the truthfulness and correctness of the information provided by the User.
3.2 The use of the Services is limited exclusively to persons of legal age.
3.3 The User undertakes, under his own responsibility, to provide complete, truthful and correct information, as well as to indemnify and hold the Company harmless in the event of any actions, claims, costs, losses or other adverse consequences resulting from the transmission of incomplete, untrue or false information.
3.4 In case of non-compliance by the User with the above age requirement, the Company will proceed to delete the User’s personal area and any information relating to the same.
3.5 The User acknowledges and accepts that the Company may refuse the request for registration on the Platform for any reason at its sole discretion and without obligation to give reasons.
4.1 Access to the User’s personal area is allowed through (i) a customer identification code (e-mail) entered by the User during registration on the Platform and (ii) a keyword (password) chosen by the User himself (jointly, the “Access Credentials”).
4.2 The User is required to keep the Access Credentials using the utmost confidentiality and diligence, so as to prevent access to them and / or improper use by third parties.
4.3 The User acknowledges and acknowledges that the Company cannot be held responsible, except in cases of willful misconduct and gross negligence of the same, with regard to the security of the Platform and its systems, as well as the Access Credentials referred to above. The User will be solely responsible, therefore, for any damage caused to himself and / or third parties in case of access to the Access Credentials and / or improper use of the same by third parties.
4.4 The User undertakes to promptly inform We Wear in the event of any theft, loss or theft of the Access Credentials and acknowledges that the Company will not be responsible for any consequence deriving from the improper use of the Access Credentials until they are modified according to the instructions given from time to time by the Company. You acknowledge and agree that the above notice may be delayed depending on the availability of the Company’s support team and that the Company cannot be held responsible for any claim due to such delay. If the User is unable to carry out the instructions and comply with the rules and security requirements imposed by the Company for the use of the Login Credentials, he will no longer be able to access the Platform or his personal area.
4.5 The User undertakes to promptly notify We Wear of any changes to the data, information and documents provided during registration or subsequently, or otherwise available to the Company in relation to their Account, including, but not limited to, with reference to the information, data and documents provided for the purpose of creating the Account.
5.1 The Company reserves the right to suspend access to the User’s personal area and/or to cancel the same, interrupting the provision of the Services, at its discretion, without prior notice and with immediate effect:
(a) if the User has provided untruthful information during registration for the creation of the Account or subsequently in the context of its relationship with the Company or with any partners of the latter or with the Sellers;
(b) if you refuse to provide information to your Account and your identity, where appropriate at the request of judicial authorities, law enforcement authorities and any other authority entitled to it under applicable laws;
(c) in case of violation by the User of these General Conditions and/or of the contractual agreements in place with the Sellers;
(d) in the event of fraudulent or unlawful use, even suspected use, of the Platform;
(e) where so requested by judicial authorities, public order authorities and any other authority entitled to do so under applicable laws.
5.2 In the event of suspension, the Company may decide – at its discretion and sole discretion – whether to reactivate or permanently delete the Account. To proceed with the reactivation of the suspended Account, the User must make an explicit request to the Company, sending a specific communication to the addresses referred to in Article 13.
5.3 In case of cancellation of the Account, the User will no longer be able to use the Services offered by We Wear through the Platform.
6.1 The User is responsible for the truthfulness and completeness of the data and information provided, of which he must be the owner in order to use the Services.
6.2 The User undertakes to use the Platform, all its contents and the Services offered, in accordance with the law, morality, public order and in accordance with the provisions of these General Conditions. Likewise, the User undertakes to make appropriate use of the Services and/or the contents of the Platform, not using them for illegal activities, contrary to good faith or morality or criminal, and not to violate the rights of third parties.
6.3 The User assumes full responsibility for the information and material provided. In particular, the latter undertakes not to transmit, introduce, distribute and / or make available to third parties any material and / or information (by way of example: data, messages, images, audio files, photographs, etc. ..) that is in contrast with morality, public order, these General Conditions and, in general, with any applicable provision of law and / or regulation. The User is prohibited from using the Platform and the Services provided for purposes other than those provided for in these General Conditions.
6.4 The User agrees to indemnify and hold the Company harmless in relation to any prejudice, loss, damage, liability, cost, burden, expenses, including legal fees, and any claim and/or demand and/or action (whether of a compensatory and/or indemnity nature) that has been and/or may be made, against the Company, in any place, by third parties, in relation to the violation by the User of the provisions of this article, as well as in relation to the violation by the User of any obligation assumed by the same under these General Conditions.
6.5 The User expressly acknowledges and agrees that: (a) the Company does not guarantee (i) that the Services and/or the Platform will meet the User’s needs, (ii) that the Services and/or the Platform will be
provided without interruption, on time, securely or error-free, (iii) that the User’s expectation in relation to the results obtained from the use of the Services and/or the Platform will be true and reliable (iv) that the quality of the products, services, information or other materials acquired or obtained through the Services and/or the Platform may meet your needs, or that (v) any errors in the Platform are corrected;
(b) any content downloaded or otherwise obtained from or through the Services and/or Platform is obtained at your sole discretion and risk. The User is solely and exclusively responsible for any damage to the device through which he accesses the Platform or for the loss of data resulting from the use of the Services and/or the Platform;
(c) the Company and all its collaborators will in no case be liable for any damages of any kind and nature resulting (i) from the incorrect use of the Services and/or the Platform, (ii) from unauthorized access or alteration of transmissions or data and/or information of the User, (iii) from the statements or behaviors of any third party.
6.6 Nothing in these General Conditions shall have the effect of limiting or excluding the Company’s liability in the event of damage resulting from willful misconduct or gross negligence pursuant to Article 1229 of the Civil Code.
7.1 The User acknowledges and accepts from now on that the Company will remain completely unrelated to any contractual or non-contractual relationship with any third party, including the Sellers, who publishes advertisements of any nature on the Platform.
7.2 The Company therefore declines all responsibility for any damage of any kind deriving from or arising from contractual and / or non-contractual obligations with such third parties.
8.1 The User acknowledges that the Services and the Platform contain confidential information and are protected by intellectual and/or industrial property laws.
8.2 The User also acknowledges that the Company is the legitimate owner and/or licensee of the Platform and the Services, as well as the contents, information, documents, photographs, drawings, graphics – including the Avatar -, databases, software, logos, trademarks, trade names or other signs, present within the Platform. Except for the case in which it is expressly authorized by the Company or by third party holders of the corresponding rights, the User undertakes not to modify, arrange, reproduce, transform, modify, reverse engineer, distribute, transfer or make available to third parties for any reason and in any way (both free of charge and for consideration) the above elements.
9.1 Except as provided for in Article 9.2 below, the Services are provided indefinitely by the Company.
9.2 In the event that the payment of a fee is required for the subscription of the Services, membership of the Services will remain subject to the actual payment of this fee by the User. In the event of non-payment, the Company may terminate the Contract with immediate effect and without notice pursuant to and for the purposes of Article 1456 of the Italian Civil Code.
10.1 The User undertakes not to disclose, use, communicate any confidential information concerning the Platform or We Wear, as well as the activity carried out by the latter, of which he has become aware in the context of the Contract or the provision of the Services.
10.2 The above limitations do not apply in the event of disclosure imposed by a provision of law, by an act of the judicial authority or if the information is already in the public domain for a fact other than the User’s default.
10.3 All documents, manuals, hardware and software provided by We Wear to the User, as well as all data or documents (including copies) produced, managed or stored on computer systems or other electronic equipment, belong solely to the person who produced / processed them.
11.1 The User will have the right to unsubscribe from the Platform at any time requesting the interruption of the provision of the Services.
11.2 The Company may withdraw from these General Conditions and delete the Account if the Services are not used by the User for a period exceeding 12 (twelve) months.
12.1 In addition to the provisions of Article 9.2, the Company shall have the right to terminate these General Conditions in the event of non-fulfillment by the User of the conditions set forth therein, provided that such non-fulfillment is of no small importance according to the provisions of Article 1455 of the Civil Code.
13.1 Communications relating to these General Conditions must be sent to the following addresses:
(a) as regards communications addressed to the Company: Corso Plebisciti, n. 15, 20129, Milan, e-mail: info@we-wear.biz, pec: company@pec.we-wear.biz;
14.1 Disputes relating to the interpretation and execution of these General Conditions will be devolved to the jurisdiction of the Court of Milan.
14.2 Notwithstanding the provision of Article 14.1 above, where the User qualifies as a “consumer” pursuant to the Consumer Code, the court of residence or domicile of the consumer will have jurisdiction.
15.1 For anything not provided for in these General Conditions, the Italian laws in force will be applicable.
16.1 For information in relation to the processing of the User’s personal data, reference is made to the Privacy Policy, which the User must read and which must be accepted by the latter for the purpose of providing the Services.
17.1 We Wear reserves the right to unilaterally modify these General Conditions at any time, also in order to adapt them to legislative changes or any changes to the Services themselves.
17.2 The above changes will be available at the link General Conditions.