Terms of Service

GENERAL TERMS AND CONDITIONS (Sharewood Ltd.)

The sharewood.io website is the exclusive property of Sharewood Ltd., a company registered at the Chamber of Commerce of Milan, located in Via Col Di Lana 6 / 6A, Milan, Italy, hereinafter referred to as "us", "our", or "Sharewood". The Terms of Use must be considered in conjunction with the Privacy Policy.

Sharewood provides a set of Services, including an online space available to Users to view and publish Outdoor Equipment Rental Ads and other Contents, including Experiences and Trips subject to the following Terms of Use. By using the Service, the User accepts the Sharewood Terms of Use. In case of disagreement with respect to any terms or conditions or subsequent modifications of the same, or in case of dissatisfaction with the Services offered by Sharewood, the only solution is to immediately stop using Sharewood. Sharewood has the right, but not the obligation, to strictly enforce the Terms of Use through community moderation, monitoring of publication activities and the civil and criminal contentious procedure.

INDEX

Definitions
Description of the Site
1. Sharewood is not part of any rental agreement
2. Approval of the Adverts
3. Public areas and Restricted areas
Registration and Account
Privacy
Adverts and transactions
1. Description of Adverts
2. The Owner can not change the Compenastion once the Reservation Request is accepted
3. Exchange of contact information
Reservations and financial terms
1. Definitions
2. Reservations and financial terms for Owners and Tenants
3. Assignment of Stripe Payments Europe Ltd. as a temporary paying agent for collecting payments for the Owner of the Property
4. Alternative methods of payment
5. Reservations and financial terms for the Tenants
6. Reservation via Gift Card
7. Reservation and use through welfare plans
Taxes, Licenses and Certifications
Responsibility of Sharewood
1. Exclusion of guarantees
2. Responsibility of Sharewood for non-fulfillment of third parties
3. Limitations of responsibility
4. Damage to the Items
5. Security deposits
User security and feedback
1. Comments from Users
Contents published on or through the Website
1. Content from Users
2. Links to other websites
3. Authorization of the User
4. User Statement
Changes
Use of external applications
Intellectual and industrial property rights
Indemnity
Relations between the parties
Applicable law and competent court
Additional conditions
Service changes and variation of terms
Waiver
TOUR OPERATOR CONDITIONS
1. Supplier obligations
2. Consumer obligations
3. Price
4. Consumer withdrawal
5. Management of default
6. Contract assignment
7. Changes to the Tourist Package
8. Travel documentation
9. Applicable law

Definitions

"Conditions of Use": the provisions of this document.

"Site": the https://sharewood.io domain, including any subdomains, any URLs or their portions.

"Contents":

files containing texts, images, audio and / or video recordings, data and / or information organized in the form of a database and in any case all elements, documents and / or information in any format that Sharewood makes available through the Website, Application or Services, including any Content licensed by a third party;
files containing texts, images, audio and / or video recordings, data and / or information organized in the form of a database and in any case all elements, documents and / or information in any format are transmitted, copied, sent, made available by the Members and / or Site Visitors and / or otherwise processed by Members using the Services.

Each of the Contents will also be referred to as "Content".

"Service": Services that Sharewood offers through its Website, including providing an online space for viewing or displaying rental announcements, offers of Experiences and other Content.

"Gift Card": means codes, uniquely generated, that allow the rental of equipment or the purchase of experiences, for a total value determined. This value is identified in the sum paid by the user for the generation of this code.

"User": all natural or legal persons who access the Site, regardless of whether they are members of the community.

"Member": any User who completes the registration process of a Sharewood Account, including, among others, the Owner, the Tenant and the Affiliate, as described in the "Account Registration" section below. Each Member will be identified through its "User ID", chosen by the Member at the time of registration and not subsequently modifiable.

"User Account": personal area reserved for each Member. It is accessible via a password and contains personal information about the Member.

"Personal Data": all personal information relating to each Member, including the name of the person, the address and telephone number, collected through the Website and the mandatory information required to facilitate the rental (for example, tax identification number, hobby ..).

"Owner": each Member offering to rent at least one Item, using the Sharewood.io site or providing an Experience. It is irrelevant to Sharewood if the subject is the true owner or a mere holder of the good. The owner is divided into two profiles; "Private Owner" and "Business Owner" depending on the nature of the Account.

"Tenant”: each Member who rents an Item or books an Experience through the Website.

"Article" or "Item": outdoor equipment indicated as available to rent, or Experience indicated as bookable by an Owner through the Site, Application and Services.

"Experience": means any service offered by the site other than the rental of sports equipment such as organized tours, courses of various kinds, surf camps or outdoor activities (list not to be considered exhaustive or exhaustive but for information purposes only). With the aforementioned term we want to mean both the daily Experience and the Adventure.

"Adventure": Organized packages that include at least one night, can be purchased through the Sharewood owned Site which refers to a subdomain that is always owned by the Company. The Reservation methods differ from the Equipment Rental and the booking of Experiences as registration on the Site is not required.

To reserve you must send a request for an estimate by filling out a form for this purpose. Personal data are required at the time the form is sent.

"Advert": Publication of a statement relating to an Article by an Owner.

"Affiliate": Member who rents an Article or reserve an Experience through the site, including on behalf of its clients, and who takes advantage of the Affiliate tools, Tracked Link, Widget and control panel for reservations.

"Reservation request": Request made by a Tenant or Affiliate expressing the desire to rent an Item or book an Experience present in a specific Announcement.

"Reservation Acceptance Time": period of time (having a discretionary duration established by Sharewood), starting from the Reservation Request by a Tenant and during which the Owner can decide whether to confirm or refuse the Reservation Request, as laid down in the Site, in the Application or in the Services. Reservation Acceptance Time can not exceed 7 days, after which the request lapses automatically.

"Reservation Acceptance": Acceptance by the Owner of the Reservation Request formulated by the Tenant.

"Consideration”: amount due from the Tenant in order to enjoy the Item, except to the specifications referred to in Article 6.

"Transaction": payment of the Consideration owed to the Owner.

Description of the Site

2a Sharewood is not part of any rental agreement

The Services offered by Sharewood take place via an online platform (contained in the Site and in the Application), through which the Owners can create Adverts related to Articles (equipment and / or Experiences) and the Tenants can inquire and book these Articles directly from the Owners. Therefore, Sharewood does not provide Rental Services.

2b Approval of the Adverts

Sharewood reserves the right to approve each Advert made by Users before it is published on the online platform.

The approval to which Sharewood refers is inherent solely to the form of the announcement, not in any way implying a positive evaluation or responsibility towards its object.

2.c Public areas and Restricted areas

The Site contains a space open to the public and a reserved area accessible only to Members. The public area allows the display of the Announcements inserted by the Owners. The reserved area is the part of the Site that is accessible only after authentication of the User. Members can enter their private area by typing a password previously set during registration.

The reserved area allows Members to:

Access personal information (see Privacy below);
Create and manage Adverts;
Make a reservation request;
Leave feedbacks;
Provide access to collaboration tools;

Registration and Account

The User Account is personal and not transferable to third parties.

The User Account and password are personal and can not be shared, communicated or transferred to another physical or legal person.

The Member acknowledges and agrees to be solely responsible for the use of its password and for any use of the User Account.

The Member agrees to be solely responsible for all consequences and obligations arising from the use of his password and his User Account by third parties, except for the provisions of the law on the liability of others.

The Member acknowledges and agrees that the Site, in order for any reporting or statistical data to be produced for any purpose, as long as it complies with the law, may consider the use of its User Account, the User name or password as proof of the actual use of the Site by the User. All activities performed on the Site by means of these elements attributable to the Member are considered as performed by the Member itself. All ratings, information, reviews and comments are specifically attributed to the member.

The registration of an Account implies, in particular, the communication by the users of the Service of a valid email address and their tax identification number which will be used respectively: the email in order to communicate between Member and Site and as a unique indicator of identification; the tax code in order to allow Sharewood to send the receipt and for the purpose of issuing invoices, also deferred no later than the 15th of the month following the rental / payment. Adding the tax code, the User agrees that it could be communicated to the Tenant.

All email communications sent from the Site to the Member are intended as received by the Member, thus making them known to the Member.

In addition, the Member agrees to provide a physical address, which is required by Sharewood at the time of registration of the Account and at the time of publication of announcements by the Owners, in order to make the most of our geolocation tool.

The Owner's address can be sent to the Tenant once the Booking Request is accepted.

To be able to register and to use the Services the User must be of legal age and have the ability to conclude a binding contract. Sharewood can never be held responsible in the case of the communication of personal data that is not corresponding to the truth by minors.

Users consent to provide true and complete registration data; Users also consent to update their data in order to constantly guarantee its truthfulness and completeness.

The person who registers in the name and on behalf of an organization, guarantees to be authorized to accept these Conditions in the name and on behalf of the same.

Sharewood reserves the right to suspend or terminate Member Accounts without prior notice for the following reasons:

Violation of Sharewood's Terms of Use or Policies;
Inability to identify, verify or authenticate the origin of a Rental Item
Release of false statements;
Dissemination of confidential, illegal or offensive content;
Violations of moral standards;
The use, the copying or the distribution of copyrighted works without expressed authorization;
The dissemination of unsolicited commercial messages ("spam").

Sharewood (the company, its officials, directors, agents, or employees) is not responsible for complaints, demands or damages of any kind (actual and consequential) related to the closure of an Account.

The User may choose to register by logging into his Account of certain third-party social network sites ("SNS") (including, but not limited to, Facebook); each of these accounts is called "Third Party Account", through our Website or Application, as described below.

As an integrated functionality of the Site, the Application and the Services, the User can link its Sharewood Account to Third Party Accounts, in one of the following ways:

providing the Third Party Account with the login data of Sharewood through the Website or the Application;
allowing Sharewood to access the Third Party Account, as permitted under the applicable terms and conditions governing the use of each of such Third Party Accounts.

The User declares to have the right to disclose its access data of the Third Party Account to Sharewood and / or to allow Sharewood access to your Third Party Account without violating any of the terms and conditions governing the use of the applicable Third Party Account, and without obliging Sharewood to pay any commission, or to make Sharewood subject to any usage limit imposed by such third party service provider. By allowing Sharewood access to any Third Party Account, the User understands that Sharewood will access, make available and store (if applicable) any Content provided and stored in its Third Party Account ("SNS Content") so that it is available via the Site, Application and Services through one’s Sharewood Account and Sharewood Account profile page.

Unless otherwise specified in these Terms, all SNS Content, if any, will be considered Members Content for all the purposes of these Terms.

Subject to the privacy settings selected in such Third Party Accounts, personally identifiable information published on such Third Party Accounts will be available on and through one’s Sharewood Account on the Site, Services and Application. Please note that if a Third Party Account or Associated Service becomes unavailable, or Sharewood access to such Third Party Account should be terminated by the Third Party Service Provider, the SNS Content will no longer be available on and through the Site, Services and Application. The User's relationship with Third-Party Service providers associated with Third-Party accounts is governed solely by their agreements with such Third-Party Service providers.

Sharewood does not make any effort to analyze or verify the SNS Content, for example in reference to its accuracy or legality. Sharewood is not responsible for any SNS Content.

Privacy

The User acknowledges and accepts the Sharewood Privacy Policy regulated at https://sharewood.io/it/privacy; this Privacy Policy regulates the acquisition and use of the Personal Data of Users by Sharewood.

Sharewood reserves the right to change the content of this policy for security or legal reasons. The changes will be made public and knowable at least one month before their implementation on the www.sharewood.io website and subdomains.

Adverts and transactions

5.a Description of the Adverts

Adverts describe the Items; they may include text, documents and images that Members decide to upload to the statement at their sole responsibility.

All listed Items are associated with a category; the Owner is solely responsible for choosing the category in which he intends to insert his Item.

Specific rental conditions, including the conditions for safe use of the property, the security deposit and the availability calendar for the rental must be mentioned in the description of the Article.

The Owner is entitled to ask the Tenant for a valid identity document or a certified copy thereof.

The Owner, whether it is a natural person or a legal person, is not allowed to publish, where it is not expressly requested through a specific field, the contact information related to its activity, both in the statement of the Item and in the description of its User Account, under penalty of Sharewood may exclude or "ban" such User from the Website.

The physical address of the rental point, the address of the Owner, the fax or telephone number, the email address or any web address are considered as contact information.

5.b The Owner can not change the Consideration once the Reservation Request is accepted

The Owner can not in any case modify the Consideration once accepted. When accepting a Reservation Request, the Owner agrees to request the Tenant the Consideration published in the Advert.

Any attempts to change the Consideration may result in the User being excluded from the Site.

5.c Exchange of contact information

The Owner and the potential Tenant can not share (unless a Transaction took place) their identity, or their contact information.

Contracts between Owner and Tenant may only take place within the Sharewood platform until the time of payment.

Reservations and financial terms
1. a Definitions

"Consideration" indicates the amount due from the Tenant in order to enjoy the Item, object of the Advert and any related Services.

Exclusively the Owner, and not Sharewood, is responsible to determine the Consideration related to their Advert. The Owner decides at its discretion whether to include in this amount:

A sum as a security deposit.
The taxes that the owner collects.

"Owner's Commission" indicates the costs that Sharewood charges Owner with, for the use of the Services; these costs consist of:

a percentage equal to 18% of the applicable Consideration for the benefit of Sharewood which includes:
a variable percentage retained by the payment intermediary.

"Tax" o "Taxes" indicate any sales tax, value added tax (VAT), Tax on goods and Services, Temporary lease taxes, general taxes, which the provider of outdoor equipment or Experiences, according to the law, may have to collect and pay to the competent public agencies as well as other similar municipal, state, federal and national indirect Taxes or other deduction and tax on personal or corporate income.

6.b Reservations and financial terms for Owners and Tenants

Access, registration and consultation of the Site are free.

The Owner who received a Reservation Request for its Item through the Site or the Application will be asked to confirm or ignore this Reservation Request. When a Reservation Request is confirmed through the Site or the Application, Sharewood will share with the Owner:

a summary of the price and the various information regarding the reservation;
information regarding the Tenant who requested the booking;

When the Owner confirms a Reservation Requested by a Tenant, Sharewood will send an email, or a text message or a message through the Application confirming that reservation, depending on the selections made by the Owner through the Website, Application and Services.

Any communication between Owner and Tenant / User will be held on a private chat on the Sharewood owned site.

6.c Appointment of Stripe Payments Europe Ltd as acting agent responsible for collecting payments

Through this document, the Owner appoints Stripe Payments Europe Ltd (hereafter: "Stripe") as its acting collection agent for the sole purpose of receiving the Consideration from the Tenants.

On a regular monthly basis Stripe will give Sharewood the consideration accrued by the Owner in order to let Sharewood pay out the total of accrued consideration within 15 (fifteen) days upon receipt of regular invoice from the Owner, containing the total accrued amount in the accrual period, already deducted from the 18% fee in favor of Sharewood.

The Owner accepts that the payment made by a Tenant through Stripe will be considered as a payment paid directly to the Owner; the latter must place the Article at the disposal of the Tenant as agreed above, as if the Owner had received the Consideration.

Each Owner understands that the obligation of Stripe to give Sharewood the accrued consideration by the Owner himself is subject to, and conditioned upon receipt of payment from the Tenant, given the fact that Stripe accepts the related payments made by the Members as an acting agent for the collection of payments. Sharewood does not guarantee payments in favor of the Owners of sums whose payment has not been correctly carried out, by relevant Tenants, in favor of Stripe. In accepting the appointment of provisional authorized agent of the Owner, Stripe assumes no responsibility for any actions or omissions of the Owner.

Stripe will collect its Consideration upon payment by the Tenant (that is, after confirmation of the Reservation by the Owner) and will present the payment of the Consideration accrued by the Owner on a regular monthly basis. The Consideration on which Stripe will meet its percentage and its fixed costs are inclusive of VAT, since all prices decided by the Owners are inclusive of VAT. Likewise Sharewood will meet its percentage on the Consideration due to the Owner including VAT.

The time necessary for the Owner to receive payments may vary depending on the payment method chosen by the Owner. Some methods include the use of third-party payment processors, which may charge the Owner for their additional costs for the use of their Services, also by deducting them from the amount of the Transaction.

The Owner accepts the Terms and Conditions provided by Stripe, freely available on the website owned by the same.

6.d Alternative methods of payment

It is possible to proceed freely by other means payment (eg Paypal or bank transfer) on the Sharewood website.

If an alternative payment method is used, other than Stripe, the Member accepts the specific Terms and Conditions of each payment method, freely available on the websites owned by the companies in charge.

6.e Reservations and financial terms for the Tenants

The Owners, and not Sharewood, are solely responsible for honoring any confirmed Reservation and for making available any of the Items reserved through the Site, the Application and the Services.

The Tenant understands and agrees that, when it chooses to conclude a Transaction with an Owner relating to an Item, it concludes an agreement with the Owner and agrees to accept any terms, conditions, rules and restrictions associated with such Article imposed by the Owner and specified in the Advert.

The responsibility for fulfilling the obligations of these agreements falls solely on the Tenant, and not on Sharewood.

Regardless of the fact that Sharewood is not part of the agreement between the Tenant and the Owner, Stripe (or any other means of payment used) will act as the agent responsible for collecting the Owner's payments for the sole purpose of accepting payments in the name and on behalf of the Tenant's account.

Following the payment, the Tenant's obligation towards the Owner relating to the Consideration will lapse and Stripe (or any other means of payment used) will be responsible for providing Sharewood with the Compensation accrued by the Owner, as described in these Terms. In the event that the Company in charge does not pay the sums as described in these Terms, exclusively the Owner may act towards such Company.

The Tenant agrees to pay any confirmed Reservation made in connection with its User Account, in accordance with these Terms, by any of the methods described on the Site or Application.

The Tenant authorizes the collection of these sums by debiting the credit card provided within the Reservation request process by means of one of the payment methods described on the Website or on the Application.

6.f Reservation via Gift Card

The Gift Cards may be sold in the appropriate sections of the site and may also be provided following further commercial and / or social initiatives.

The rules for the use and reimbursement of Gift Cards are governed by the "Gift Card Regulation" available at the link: https://giftcard.sharewood.io/it/condizioni-gift-card

Sharewood commits to make the payment to the Owner of equipment or to the organizer of Experiences no later than fifteen (15) days upon invoice receipt.

6.g Reservation and use through welfare and loyalty plans

"Sharewood Corporate Experience" is a project adopted by Sharewood. For further information open this link: https://sharewood.io/it/landing/corporate-experience.

Payments by Sharewood towards the Owner or the Experience provider will be made within sixty (60) days from the day of acceptance of the rental request or purchase of the Experience.

The regulation of the conditions for the use and / or booking of activities, articles or Experiences through the corporate welfare and / or loyalty platforms is deferred to the agreements between Sharewood and the buyer platform.

The aforementioned agreement can be consulted on the reference platform, Sharewood is relieved of the responsibility of having to inform the end users about the agreements.

Taxes, Licenses and Certifications

Sharewood can not be considered in any way as a taxpayer in relation to the Users or Members of the Website. Users and Members are solely responsible for any taxes deriving from any Contract between them.

Depending on the circumstances, including the number of transactions conducted and the subject of the Transaction, the law may require licenses or certifications. The User agrees to be solely responsible for obtaining the licenses or certifications that may be necessary to perform a Transaction or otherwise use the Website Services. Sharewood does not bear the burden of verifying the specific case in which it is necessary to hold a license and / or a certificate for the use of the Services, or the Site, or for the execution of a Transaction. Sharewood makes no tesimonies or warranties regarding licenses or certificates of its Users or Members.

Responsibility of Sharewood

8.a Exclusion of guarantees

The User accepts that the use of the Website and the Service offered by it is entirely at its own risk and responsibility, without prejudice to Sharewood's obligations regarding the processing of personal data and any other charges ex lege.

The Website and the Service are provided without guarantees and / or liability of any kind. All explicit and implied warranties, including but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement of property rights are expressly excluded. Sharewood declines all guarantees for the safety, reliability, timeliness, accuracy and performance of the Site depending on fortuitous, external or force majeure.

Sharewood declines all warranties in relation to the ownership of the Articles object of the Adverts: in the event that the person who publishes an Advert does not appear to be the owner of the Article, Sharewood can not be held responsible towards the real Owner or others.

Sharewood disclaims any warranty for other Services or goods received through the platform or advertised on the Website.

Sharewood declines all warranties regarding the transmission of computer viruses or other harmful components in connection with the Site or the Service.

Sharewood disclaims any warranty relating to the safety, reliability, timeliness and accuracy of the Owner's performance.

The previous paragraphs also apply in case of sale of Experiences.

All previous exclusions of guarantees and responsibilities are understood to be within the maximum limits set by law.

8.b Responsibility of Sharewood for non-fulfillment of third parties

Sharewood is not responsible in any way for the actual sport equipment delivery by the Owner Experience provider subject to the reservation.

The Owner, following acceptance of the request made by the User, is obliged to deliver the equipment and to provide the object Experiences without delay.

In the event of non-fulfillment, a penalty will be applied, possibly provided for in the Contract between Sharewood and the tenant, pursuant to and for the purposes of Article 1382 of the Civil Code.

The penalty must be paid to the User within thirty (30) days from the date of the default, which is identified as the day of delivery of equipment or Experience.

The amount of the penalty may be granted to Sharewood which is obliged, within fifteen (15) days from receipt of the penalty, to refund the User for damages suffered.

Compensation can not be less or more than the penalty.

The penalty is equal to the value of the service already paid, increased by 40%, regardless of the evidence of the damage.

Sharewood may be responsible for transmitting the reimbursement and payment of the penalty, at the request of one or both Parties.

8.c Limitations of responsibility

Under no circumstances shall Sharewood be held liable for damages to third parties or contracting parties (Owner and Tenant) resulting from the use of the Site or the Service, or resulting from any contract between Owner and Tenant.

This exclusion of responsibility concerns, among others, direct, indirect, accidental, special, exemplary and consequential damages, including loss of profits, loss of data or loss of goodwill; computer damage; cost of replacement of products or services; any damage related to personal or physical injury.

This limitation of responsibility is also extended to cases in which Sharewood is informed of the possibility of such damages.

The damages to which the limitation of responsibility refers may derive: from the use or abuse of the Site or the Service, from the impossibility of using the Site or the Service or from interruption, suspension, modification, alteration, or termination of the Site, of the Service or to the subscribers' accounts.

This limitation also applies in relation to damages incurred due to other Services or products received through advertising or in connection with the Site or the Service or any link on the Site, as well as due to information or advice received through or advertised in connection with the Site or Service or any link on the Site. These limitations apply to the maximum extent permitted by law.

8.d Damage to Items

The Tenant is responsible for leaving the Item in the condition it was at the time of delivery by the Owner, except for normal deterioration.

The Tenant is responsible for his actions or omissions, as well as for the acts or omissions of any single individual who is permitted to use the Item for any reason.

8.e Security deposits

The possibility that the Owner may request, at his discretion, a security deposit is not excluded.

Sharewood is not responsible for any misunderstanding, controversy or claim related to the deposit, underlining its non-involvement with this request.

User security and feedback

Sharewood checks the identity of its Users through their tax identitification number and bank details. Further verification is carried out by Stripe, if it is used for payment. Sharewood can not be held responsible for any elusive behavior of its Users aimed at forging, evading, modifying or hiding their true identity in any way. Users are therefore invited to use every precaution deemed appropriate in order to ascertain the truthfulness of the identity of the other Users.

9.a Comments from Users

Sharewood makes available to members and users a "Feedback" system, consisting of assessments concerning the person with whom a Transaction has already been made. The Owners can request an evaluation, or a comment related to the rental of their assets or to the lived Experience. The assessment applies to both the Owner, the Article, and the Tenants.

Contents published on or through the Website

10.a Content from Users

All Content published on the Site, transmitted through, or accessible through links from the Site, are the sole responsibility of the User from which such Contents originate. The User is solely responsible for any published Content, email or material otherwise made available through the Website. The User is aware that Sharewood does not control and is not responsible for the Content made available through the Website, and that by using the Website, the User may be exposed to Content that is offensive, indecent, imprecise, illegal, misleading.

10.b Links to other websites

It is strictly forbidden to include on the Site and in the Application any link to websites or third-party resources if they are not expressly requested.

However, if for any reason they are present, Sharewood is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the Contents, products, or Services on or available from such websites or resources.

Links to such websites or resources do not imply any support by Sharewood to such websites or resources or to the Contents, products or Services available from such websites or resources. The User assumes sole responsibility and assumes all risks arising from its use of such websites or resources or from the Contents, products or Services on or available from such websites or resources.

Furthermore, Sharewood is not responsible for the privacy policies or practices adopted on other websites.

When a Sharewood Member or User clicks on a link that directs to another Site, the Member or User is responsible for reading the privacy policies of said Website.

10.c Authorization of the User

Notwithstanding the foregoing, the Users irrevocably authorize Sharewood, and / or the other Users to whom Sharewood grants the right to use the Contents and any part or element thereof, without any restriction, throughout the world, in perpetuity and in any case for the duration of legal protection as sanctioned in every country of the world, exclusively for purposes strictly connected to the service provided by Sharewood.

By way of example but not exhaustive, the aforementioned authorization also includes the right to:

publish, disseminate, communicate to the public and make available to the public so that everyone can have access to it at the time and place chosen individually, in whole or in part, by any means and / or technology and by any methods (including interactive), currently known and / or developed in the future, the Content through the Website;
for the purposes of the foregoing, to reproduce and modify the Contents in any way or form to respect the technological constraints imposed by the Site's operating methods;
authorize the other Users of the Website to reproduce the Contents in order to display them on their terminals using the Services and the Website

The rights referred to above are intended as non-exclusive and therefore the User remains entitled to use the same Content in any form and manner.

10.d User Statement

The Owner declares to fully and legitimately dispose of all the rights related to the Contents (for example but not limited to: copyrights, image rights and / or personalities in general, trademark rights and other rights of property, rights of protection of privacy, rights related to the portrait, etc.) that he intends to Publish.

The User expressly declares that if it is not fully entitled to the rights of the Content that it proceeds to Publish, it has been expressly authorized to dispose of the Contents from third parties who own these rights and is therefore fully entitled to release the authorization to use the Contents with the amplitude provided for in these Conditions.

The User commits not to publish any Content if such Content and / or its use:

is false, obscene, pornographic, defamatory, or includes racist, violent, offensive, harassing information, or instigates to commit crimes or is otherwise illegal in Italy or in the place where the User uses the Services or the Website or on the basis of other laws however applicable;
violates the rules on the processing of personal data or on the protection of industrial secrecy and confidential information;
it presupposes the ownership of the authorizations, rights or requisites required by the law that it does not have;
violates patents, trademarks, copyrights or other rights of third parties;
contains computer viruses or any program or software designed to interrupt, destroy, damage or even limit the functionality of any software, hardware or network equipment or the Services or the Site itself;
is in any way harmful to Sharewood, Members, Users or third parties.

The User guarantees the good quality of the Content that it proceeds to Publish and the adequacy of the same to the use for which they are intended.

Sharewood reserves the right to integrate content in order to improve the user experience on the platform and increase the chances of rental or sale.

Changes

Sharewood reserves the right, in its sole discretion, to modify the Site, the Application or the Services, or to modify these Terms of Use, including the rates of the Services at any time and without prior notification. In case of changes to these Conditions, they will be published on the Site or through the Application. Sharewood will also update the "Last Updated Date" at the end of these Conditions. By continuing to access or use the Site, the Application or the Services from the publication of a modification of the Site or through the application or from the transmission of notification of a variation, the User agrees to be bound by these amended Conditions. If these changes are unacceptable, the only possibility of appeal will be to cease using the Site, Application and Services in question.

Use of external applications

Use of the Google Maps application is subject to the implied acceptance of the Google Maps Terms and Conditions. Maps information obtained through Google is to be considered as indicative only.

Intellectual and industrial property rights

Without prejudice to the provisions contained in the Privacy Policy of Sharewood, any Content transmitted to the Site by users, either by e-mail or by other means, for any reason, will be treated as non-confidential and non-proprietary. In the event that users retain all rights to such communications or Content, they explicitly grant Sharewood and its designated concessionaires a non-exclusive, perpetual, and worldwide license to copy, distribute, display, and perform, publish, translate, adapt, modify, and / or use such material for any purpose, regardless of the form or medium (now known or currently unknown) in which it is used.

Please do not post confidential or protected information on the Site as intellectual or industrial property rights, unless otherwise agreed in writing.

Sharewood respects the intellectual property of others and requires the same respect for its users. If a User of the Site considers that his intellectual or industrial property rights or others have been violated by a publication on the Site by another Member or User, the User himself, within 48 hours from the discovery of the violation, must immediately send a written notice to Sharewood Ltd.

To be effective, notification must include:

The physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted content that is allegedly infringed;
Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and, if available, an e-mail address to which the complaining party may be contacted;
The identification of the material that is believed to be the subject of illegal activity and information reasonably sufficient to enable us to identify the material;
A statement in which the injured party believes in good faith that the use of the material is not authorized by the copyright owner, the agent in charge or the law;
A declaration in which the injured party declares that the information contained in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right, allegedly infringed.

Pursuant to AGCom's Resolution 668/2010 on the protection of copyright on the web, our Agent appointed for communications relating to copyright infringement can be reached as indicated below. Agent appointed for the alleged violation:

Sharewood Ltd.,

Via Col Di Lana 6/6A, Milan, Italy

The User accepts that upon receipt of a copyright infringement complaint, Sharewood may immediately remove the materials identified by our Site without any liability to Users or third parties.

Indemnity

The User and / or the Member of the Site commits to free, defend, indemntify and keep Sharewood and its affiliates and subsidiaries, and their officials, directors, employees and agents to and from any claim, liability, damages, losses and expenses, including, but not limitated to, reasonable legal and accounting fees, arising from, or in any way related to:

access to or use of the Site, Application, Services or Content by Them or breach of these Terms by Them;
the Contents processed, transmitted, copied, sent, made available by the Members;
any of the following actions performed by You:
1. interaction with any Member,
2. the Reservation of an Article, or
3. the creation of an Advert;
the use, condition or the rental of an Item, including, without limitation, any injury, to any loss or damage (for damages, direct, accidental, consequential or otherwise) of any kind arising in connection with, or as a result of rental, Reservation or use of an Item.

Sharewood Ltd. reserves the right, in its sole discretion, to organize the defense with a lawyer of its own choice, against all legal claims, lawsuits or other causes that require financial Consideration from the User or Member, without the User or the Member being able to contest anything.

Relations between the parties

Sharewood, Members or Users are independent parties, each of which acts in its name and for its own purposes. These Terms of Use do not create any bond of subordination, agency, representation, association, intermediation, partnership, employment or franchise relationship between Sharewood Ltd. and any User or Member of the Site.

None of the clauses contained in the Terms of Use, or in Sharewood's policies, or any other material may be considered to constitute, create, give effect or otherwise recognize a company, an agency, a joint venture or a business entity form of any kind, or to create a fiduciary relationship between the Parties.

The rights and obligations of the parties shall be limited to those expressly set forth herein.

Applicable law and competent court

These Terms of Use are regulated and interpreted in accordance with the laws of the Italian Republic.

Additional conditions

Sharewood is not responsible for the relationships created between Members.

The titles of the different articles of the Terms of Use are given as indications without necessarily defining their Content;

The User agrees that the rights and obligations contained in these Terms of Use, as well as any other documents that are embedded in them by reference may be freely and lawfully transferred by Sharewood to third parties in the event of a merger or acquisition, or of other event;

In any case, through the Site, Users undertake to comply with all national and international laws and all the regulations currently in force for the use of our Services in relation to the activities carried out on the Site by the Users themselves. Furthermore, if you have a commercial activity on the Site, and particularly in the case of professional User, you must comply with the rules, regulations and all the laws of commerce. Sharewood recommends that you seek advice from a professional adviser or a lawyer on these issues;

No exception to these Terms of Use will be authorized without the written authorization obtained and a new contract signed between Sharewood and the User;

All communications to the Users' attention will be sent to the email address provided when registering on Sharewood. Messages and notifications are considered received 24 hours after the email is sent, unless a notification has been received stating that the email address is invalid or not working.

Service changes and variation of terms

Sharewood reserves the right to modify the Services, policies, these General Conditions of Use and the Terms of Service at any time to offer new products or services or to comply with legal and regulatory provisions.

The User will be subject to the policies and terms of the General Conditions of Use in force when using the Sharewood Services.

If any provision of these conditions is held to be invalid, null or for any reason unenforceable, such condition will not however affect the validity and effectiveness of the other provisions.

Waiver

In the event of failure by a User to the present General Conditions of Use, the failure by Sharewood to exercise the right to act against it, does not represent a waiver of action for the violation of the obligations assumed by the User.

TOUR OPERATOR CONDITIONS

Sharewood Ltd., in addition to the intermediation for the rental of sports equipment and the offer of Experiences, is an intermediary for the sale of Tourist Packages or as an organizer (and therefore a supplier) of the same.

“Tour Operator”: Sales service, brokerage or organization of Tourist Packages

“Tourist Packages”: pursuant to article 34 of Legislative Decree 79/2011, such offers must be understood as those relating to travel, holidays, tourist cruises, all-inclusive circuits, sold or offered for sale at a fixed price, resulting from the combination of at least two of these elements: transport, accommodation or tourist service not ancillary to transport and accommodation which constitutes a significant part of the package. (Article 36 of Legislative Decree 79/2011).

"Supplier": one who makes available the Tourist Packages on the site. Sharewood can take the title of Supplier if it does not operate as a simple intermediary.

"Consumer": one who buys a Tourist Package on the Sharewood subdomain. Registration to the Site is not necessary for the purchase of a package.

20.a Consumer obligations

The behavior requested by the User is therefore the same as provided in these Terms and Conditions.

The Consumer warrants for the truthfulness of the personal information it has entered on the site.

The Consumer accepts the cancellation policies of each Supplier, which will apply to any reservation made.

The Consumer is entitled to stipulate insurance relating to the trip; for example, it can protect itself in case of cancellation of the trip and / or loss of baggage.

20.b Supplier obligations

The Supplier is bound by the information contained in the Advert on the site and must ensure that the Service that it will offer the Consumer respects the given description, without prejudice to the possibility of subsequent amendments to the Agreement, drawn up in writing and accepted by the Consumer.

The Supplier must provide precise information regarding the destination, date and duration of the trip; amount to be paid at the time of reservation (which may never exceed 25% of the total planned for the Tourist Package); means, characteristics and types of transport, precise indications on date, place and time of departure; detailed information on accommodation (where provided for in the package), terms for complaints.

If the Supplier does not obtain the sufficient number of adhesions specified in the Announcement, the Supplier will be obliged to reimburse the amount paid by the Consumer, except for the price of any air ticket, which will remain completely at the expense of the latter.

No other type of additional Compensation is provided in the event that the cancellation due to failure to reach the minimum threshold has been notified in writing to the Consumer at least five (5) days before the scheduled departure date.

There is no provision for any additional Compensation in the event that the cancellation is due to force majeure, for these are understood to be those causes that made it impossible to realize the offer contained in the Tourist Package and that the Supplier could not avoid using the normal diligence.

The applicability of the Supplier's own conditions is excluded if they make the position of the Consumer less advantageous.

On the other hand, conditions more favorable to the Consumer are freely applicable.

20.c Price

The price indicated in the payment phase is to be considered binding for the Supplier.

The Supplier must indicate in detail the services that the price includes, anything that is not foreseen is considered as not included.

The Price does not include visas, airport taxes, vaccination certificates, optional excursions, tips and, in general, any items not specifically included in the list of what includes the Tourist Package.

The Price accepted by the Consumer is deemed to be unmodifiable after the purchase of the Package.

By way of derogation from this, the possibility of a change in the price can be admitted if factors such as the cost of transport, the cost of fuel, airport or port fees or fees or the exchange rate change.

Any changes to the Price that occurred after the purchase of the package must be notified to the Consumer in writing or by any other means that allows confirmation of receipt.

The Consumer, upon receipt of notification of the change, has the right to accept or (if the variation exceeds 10%) terminate the Agreement without the application of any penalty.

Twenty (20) days before the scheduled departure date, the Price becomes immutable and any modification is null.

20.d Consumer withdrawal

The withdrawal of the Consumer which occurs due to force majeure does not include cancellation costs. For all the remaining cases (we speak of "voluntary withdrawal" by the Consumer), cancellation fees are established by each Supplier in relation to the cost of the package and duly indicated in the Advert on the website owned by Sharewood and / or at the time of acceptance of the Contract.

The Consumer who decides to interrupt the enjoyment of the Tourist Package without any supporting reason is not entitled to any type of reimbursement.

20.e Management of default

In case of default, the travel organizer and the Supplier are held responsible, which may sometimes coincide according to their respective responsibility in the specific case.

Sharewood, if acting as a mere intermediary, has no responsibility for the breach.

The Consumer must immediately challenge any failure in the execution of the Contract so that the Supplier can remedy promptly.

If it is not possible to resolve the default or the alternative solution is refused by the Consumer, the latter is obliged to file a written complaint (by means that guarantee proof of receipt) within and no later than thirty (30) days.

20.f Contract assignment

If the Consumer can no longer exploit the purchased Tourist Package, he retains the possibility of transferring its contract to a third party without incurring the payment of the penalties envisaged for withdrawal.

The Consumer must disclose the reasons and indicate the identity of the third party to whom the contract is assigned.

If the Tourist Package includes an air ticket, the latter can not be transferred to third parties unless there is an agreement with the Supplier without Sharewood intercession.

If a specific Package requires particular characteristics (for example age limits), it will be the responsibility of the Consumer to transfer the contract to a third party that satisfies these characteristics; otherwise the transfer can be denied.

20.g Changes to the Tourist Package

The Supplier must indicate in the Advert any changes that may be affected by the Tourist Package, always ensuring that the nature of the Package is not altered.

In the event that significant changes are made to one or more elements of the contract before departure, the Supplier is required to notify the Consumer in writing immediately.

Within two (2) days from the date of receipt of the communication, the Consumer has the right to withdraw from the contract without paying any penalty or accepting the changes made.

In the event of withdrawal, the Consumer has the right to take advantage (where possible) of another Tourist Package of equivalent or higher characteristics.

In the event that the proposed Tourist Package in substitution is of a lower value, then the difference in Price must be returned to the Consumer.

If the Consumer does not accept the proposals put forward, it is entitled to receive within seven (7) working days the sums of money already paid and a sum of money equivalent to the damage caused by the non-execution of the contract, should these proposals be worth less than that initially purchased.

The Consumer loses the right, as outlined above, to receive sums of money if he does not accept an alternative proposal of equal or greater quality.

If the changes involving an essential part of the services contained in the Package are made after the date scheduled for departure, it is the Supplier's responsibility to provide alternative solutions for the continuation of the journey.

If this is not possible, the Supplier must arrange the immediate return and repay the difference between the price paid and the services performed.

The changes described in the previous paragraphs do not in any way involve Sharewood which, if it acts as an intermediary, is not in fact required to any form of reimbursement or additional charge.

20.h Travel documentation

All Consumers are required to provide personal documentation valid and in compliance with the law of the country of destination.

Neither the Supplier nor Sharewood can be held responsible for the non-granting of visas and / or permits for any reason.

20.i. Applicable law

These Conditions of Use of the Tourist Packages are regulated and interpreted in compliance with the laws of the Italian Republic.

Milano, 04/03/2020

GENERAL TERMS AND CONDITIONS (Sharewood Ltd.)

Termini di servizio

GENERAL TERMS AND CONDITIONS (Sharewood Ltd.)

INDEX