GENERAL CONDITIONS FOR THE PURCHASE OF ABTG TRAINING PRODUCTS

Alfio Bardolla Training Group S.p.A., with registered office in Via Giuseppe Ripamonti n. 89, 20141 – Milan, is the leading personal financial training company in Europe. Through the website where you are browsing, www.alfiobardolla.com (hereinafter, the “Site“), you can access a reserved area where you can purchase Training Products (as defined below), as well as merchandising, under the ABTG brand.

These Terms and Conditions are intended to define the terms of use of the site as well as the terms of purchase and delivery of training products through a legally binding agreement between ABTG and you.

By purchasing Training Products on the website, the User declares that he/she has read and accepted without reservation the current version of these Conditions.

1 – Definitions and Annexes

The terms used in this document are defined as follows and have the same meanings in both the singular and plural:

• “ABTG” or “Company” means Alfio Bardolla Training Group S.p.A., as represented in the epigraph;
• “Account” means the profile created by the User, functional for access to the Reserved Area for the purchase and use of Training Products through the Portal;
• “Reserved Area” means the section within the Website to which the User, following a specific registration procedure, gains access through his/her Access Credentials for the purchase of Training Products and the use of the same (as well as of further free resources available) within the Portal;
• “Special Categories of Users” means Lifetime Millionaire Users and Millionaire Users;
• “Consumer Code” means the Legislative Decree no. 206 of 6 September 2005 as amended and supplemented, which regulates the purchasing and consumption processes to ensure a high level of consumer protection;
• “Conditions” means these general conditions for the purchase, delivery and use of the Training Products;
• “Consumer” means the User who qualifies as a consumer according to and for the purposes of Article 3 of the Consumer Code;
• “Contract” means the legal relationship established between the Parties following the purchase of a Training Product;
• “Access Credentials” shall mean the credentials (username and password) for access to the Reserved Area and the use of the Training Products on the Portal;
• “Personal Data” means the information concerning an identified or identifiable natural person according to Article 4(1) of EU Regulation 2016/679 (hereinafter, “GDPR”);
• “Live Events” means all meetings organised in a specific physical location or a virtual location (live stream or assimilated), where ABTG provides lectures or coaching to a User or a group of Users;
• “Product Page” means the section of the Website explaining the contents and characteristics of the Training Product chosen;
• “Parties” means ABTG and the User, jointly identified;
• “Portal” means the digital infrastructure, owned exclusively by ABTG and accessible through the Reserved Area, for the provision and use by Users of the Training Products marketed through the Website;
• “Training Products” means video courses, webinars, seminars, masters, workshops, e-books, memberships, podcasts, classroom courses, Live Trading Sessions, Live Events and, in general, training products and services, developed, organised and managed by ABTG and marketed through the Website;
• “Digital Training Products” means the Training Products constituting digital content delivered through the Portal, the APP and the Reserved Area;
• “Live Trading Sessions” represents sessions, carried out through remote audiovisual telecommunication means, during which Users may witness live trading operations of financial instruments carried out exclusively by a professional of the sector, for information and knowledge purposes only;
• “User” means the natural person or legal entity that purchases the Training Products through the Site.

2 – Subject matter of the Contract

These Conditions, as supplemented by the provisions of the privacy policy referred to at the time of purchase, govern the user’s methods of purchasing, delivering, and using training products.

The Training Products marketed by ABTG can be delivered:

• through the Portal;
• live, such as courses, lectures and training events.

All the Training products provided through the Portal are licensed for the duration of 2 (two) years, starting from the date of actual availability of the product in the Reserved Area.

In cases where the Training Products purchased on the Site consist of Live Events, the special conditions specified in Article 8 of the Conditions shall apply to the purchase made by the User.

The Training Products can be combined with coaching sessions – which can also be sold separately – carried out by selected collaborators of ABTG with consolidated experience in the reference sector. Coaching sessions are considered, for the purposes of these Conditions, Live Events and the special conditions specified in Article 9 of the Conditions will apply to them.

3 – Purchase procedure on the Site

For the purchase of Training Products on the Website, the User must select the product chosen and follow the purchase procedure set out on the Website.

In particular, the User shall:

• carefully read the information relating to the Training Product available on the Product Page or, in the case of requesting telephone support, in the summary e-mail received from the relevant ABTG personnel;
• complete an order form in electronic format which, in the case of telephone support, will be transmitted electronically by ABTG (via a link), following the instructions that will appear from time to time on the Website;
• identify and correct, before proceeding to the transmission of the order form, any errors in entering the information and Personal Data indicated;
• accept, in point and click mode, these Conditions and ABTG’s Privacy Policy.

Following the sector regulations on electronic commerce (Legislative Decree No. 70/2003), the Contract is considered concluded when the order form reaches ABTG’s server.

Once the order form has been received and registered, ABTG will send an order confirmation to the email address indicated by the User containing

• a summary of the general and particular conditions applicable to the Contract;
• the essential information relating to the Training Product purchased;
• details of the actual price, the means of payment used and any additional costs;
• information pertaining to the customer service contact information that the User may use to make complaints and/or requests for assistance.

The order confirmation e-mail constitutes the confirmation of the Contract concluded on a durable medium within the meaning of the Consumer Code (Art. 51.7). The User acknowledges and recognises that, upon receipt of this e-mail, ABTG has fulfilled its documentation obligations and that, therefore, the User is bound by the Contract.

The order form will be stored in ABTG’s database for as long as necessary for the execution of the same and, in any case, within the terms of the law.

Once the purchase has been made, ABTG will, according to the product purchased

• make the Training Products purchased accessible in the User’s Reserved Area; and/or
• ship the purchased Training Product (books, gadgets and merchandising) to the User; and/or
• communicate the admission tickets for Live Events; and/or
• to put the User in contact with the coach to schedule the coaching sessions.

In cases where the purchase of the Training Product takes place through the telephone support of an ABTG operator, the latter – after accurately informing the User about the characteristics of the Training Products of his/her interest and answering his/her questions – will send an e-mail with:

• the information concerning the chosen Training Product
• a link to a section of the Website in order to allow the User to autonomously complete the process of purchasing the chosen Training Products, view the present Conditions, accept them and complete the payment.

In this case, it is specified that the activity of the telephone operator of ABTG will act as a mere support agent to provide all the information relating to the Training Products of interest to the User, who will then be free to assess the opportunity and convenience of the purchase, without any time constraint, to read these Terms and possibly proceed independently to purchase on the Site through the link received by the operator.

4 – Use of the Account

In addition to what is established by the previous article, to purchase Training Products on the Site and use them through both the Reserved Area and physically receive them, the User must complete the following steps:

• be at least eighteen (18) years old and be able to validly conclude contracts;
  • provide true and complete contact and billing information, updating it promptly in the event of changes;
  • (for legal entities only) represent and warrant that the person making the purchase has the authority to accept these Terms and to act on behalf of the legal entity.

The Access Credentials are strictly personal and must not in any way be disclosed to third parties. In this respect, the User is obliged to:

• keep the Access Credentials in a safe place;
• not transfer the Account or share the Access Credentials with third parties;
• ensure adequate measures to maintain the confidentiality of access to your Account;
• notify ABTG immediately (no later than 24 hours after the event) in the event of theft/loss of your Access Credentials or in the event of suspicious or unauthorised use of your Account, if necessary by immediately changing your password.

The User is responsible for all activities associated with the Account and undertakes, to the maximum extent permitted by law, to indemnify and hold ABTG harmless from any claim that may be made by third parties concerning and/or in connection with the use of their Account, as well as from any and all consequential damages, costs, charges and expenses that ABTG may incur.

ABTG shall have the right, at its sole discretion, not to accept the User’s registration or to suspend or terminate, even permanently and without notice, the Account if:

• any of the User’s information proves to be wholly or partially false, untrue, incomplete or inaccurate;
• there is an infringement by the User of any third party’s intellectual property rights, other legal provisions, these Terms or a cause for termination or dissolution of the Agreement (whether under these Terms or by law).

In the event of a permanent block, the Account and its content may no longer be available and recoverable. In such cases, ABTG will not be obliged to reimburse the consideration for purchases previously made by the User.

5 – Special Categories of Users

5.1 – General rules

The Special Categories of Users consist of:

• Millionaire;
• Lifetime Millionaire.

Special Categories of Users will not have access to Training Products related to the reference line of business marketed after the moment of their registration.

All Users purchasing the Millionaire and Lifetime Millionaire packages will receive a complimentary live stream/physical course that will be available free of charge under the terms and conditions specified in the commercial offer.

Millionaire Users and Lifetime Millionaire Users must register in advance for each Live Event in which they intend to participate, informing their reference salesperson, who must confirm in writing the availability of the place or, in default, indicate a later date.

In the event that, after having duly registered, the User is unable to participate, he/she is obliged to notify ABTG in advance that he/she will not be attending, on pain of losing his/her Millionaire or Lifetime Millionaire status and will lose the right to a refund of the full price paid.

Below are the special conditions according to the category of User.

5.2 – Millionaire Users

Starting from their registration, Millionaire Users have the right to take advantage of all the Training Products (both those delivered through the Portal and the Live Events) related to one line of business – Real Estate Millionaire, Trading Millionaire and Business Millionaire, Royalties Millionaire – for 1 (one) calendar year starting from their registration.

Within the period of 1 (one) calendar year, the Millionaire User is entitled to repeat the purchased course free of charge once, according to the ABTG calendar.

5.3 – Lifetime Millionaire Users

From the moment of registration, Lifetime Millionaire Users have the right to use all the Training Products (both those provided through the Portal and the Live Events) for the period in which they are included in the offer, according to the conditions valid at the moment of entry into the category. The Lifetime Millionaire Users must take advantage of the coaching sessions, from time to time included in the offer, within the peremptory term of one year from the purchase, under penalty of forfeiture of the relative right, without the possibility of requesting any reimbursement.

Lifetime Millionaire Users who intend to participate in a Live Event, without prejudice to the provisions of paragraph 5.1 above, will not have the right to a refund of any sums paid as a deposit if ABTG finds that they were not present at the Live Event.

6 – Prices and payment methods

The cost of sale of the Training Products is indicated on the Website and, unless otherwise specified, is paid by the User at the time of purchase through the Website, in the currency in which they were charged.

Any additional costs may be applied to the invoice according to the reference rules for the foreign country of residence of the User and the laws and regulations binding there.

The sale price of the Training Products displayed on the Website is the latest price established by ABTG.

ABTG has the right to change the price of the Training Products at any time, it is understood that the price charged to the User will be the price indicated on the Website at the time of purchase.

ABTG may propose, for a set period of time, promotions and offers for the Training Products marketed on the Website. At the time of using the Account, the price offered for a given Training Product may be different from the price offered to Users who have not logged in, as some promotions are only available to new Users.

Any promotions that provide discounts or payment extensions are conditional on the User respecting the payment terms. Once these terms have expired in vain, the same will be required to pay the full price, with ABTG reserving the right to suspend the Account until receipt of the full payment. ABTG also reserves the right to terminate the contract by applying a penalty equal to the remaining instalments.

With reference to the purchase of Training Products, the price paid does not include travel costs, main meals and any overnight stays, except where this is explicitly indicated on the Product Page or in any case in the offer.

In the event of payment by credit card, Apple Pay or PayPal, ABTG does not retain or store the payment data in any way, which will then be exclusively requested by the relevant portal.

In the case of payment by bank transfer, ABTG shall only process the order once it has received evidence of the crediting of the same to its bank account.

The invoice or receipt certifying the payment will be issued following the actual payment. It will be sent, if requested, by e-mail to the e-mail address provided by the User at the time of purchase, after indicating the order number and the relevant tax data.

7 – Financing

For the User who has chosen to make payment by financing, the approval of the relevant file is subject to discretionary assessment by a special finance company, whose actions, including with regard to the timing of the approval process, ABTG shall not be liable.

Following the final approval of the financing by the finance company, the purchase price will be charged to the User with the timing and procedures indicated in the financing contract between the User and the finance company. In the event that the finance company does not approve the financing, the User’s purchase shall be considered forfeited, unless the User makes payment within the terms by other means.

8 – Live Events and Classroom Courses

With reference to the Live Events and classroom courses (the “Live Events“), due to organisational requirements of various kinds and/or in order to ensure the success of the in-depth training meetings, the date, venue and manner of holding the same may vary and be modified by the organisers.

The modalities for holding the Live Events shall be determined by ABTG, and in particular, if the Live Event is scheduled to be held only in person, the User shall not have the opportunity to participate via videoconference connection.

If the User has previously confirmed his/her attendance, he/she will be informed at least 5 (five) working days in advance and automatically registered for the next date. In this case, the User may exercise the right of withdrawal within 2 (two) days following receipt of the communication.

For proven just cause (illness, serious impediment of force majeure, etc.), the User may also postpone the attendance of a meeting, for which he/she has confirmed his/her attendance, to a later date, provided that he/she gives notice thereof within a maximum of 5 days of the date. The User may alternatively assign his/her attendance to another person identified by him/her, subject to written authorisation from ABTG.

The User’s postponement cannot in any way exceed 12 (twelve) months from the same date, under penalty of forfeiture of the sums already paid and/or, in the event, forfeiture of the status of Millionaire User or Lifetime Millionaire, without the possibility of requesting any reimbursement.

In case of late notice of postponement or absence of the User, ABTG reserves the right to charge the User’s out-of-pocket expenses.

The Contract shall be deemed to be terminated by right according to Article 1456 of the Italian Civil Code in the event that the User, during ABTG’s Live Events, is caught

• to promote network marketing companies
• to promote and/or sell products not related to ABTG;
• to recruit members and investors for businesses not related to ABTG.

If the Contract is terminated as of right following the occurrence of one of the eventualities described above, the User shall not be entitled to any reimbursement of the price paid, and ABTG’s right to claim compensation for any further damages remains unaffected.

9 – Coaching sessions

Even if they belong to one of the Special Categories of Users referred to in Article 5, Users must make use of the coaching services within one year of purchasing them, under penalty of forfeiture of the relative right, without the possibility of requesting any reimbursement.

The coaching sessions are agreed periodically between the coach and the User and last 1 hour.

Should the User be unable to attend the coaching session, he must notify the coach at least 5 (five) days in advance.

In the event of communication of inability to participate later than 5 days before the agreed date, there is a penalty of 30 minutes, which will be deducted from the package of hours purchased by the User.

In the case of communication of inability to participate made the day before or on the day agreed for the coaching session, the entire hour will be deducted from the package of hours purchased by the User.

10 – Live Trading Sessions

The modalities and timing of the Live Trading Sessions shall be organised and communicated to the User from time to time by the Company and may vary in duration.

Should the User be unable to participate in a Live Trading Session, he must notify the Company at least 4 (four) days in advance.

In case of notification of inability to participate later than 4 days before the agreed date, the User shall lose the opportunity to participate in the individual Live Trading Session.

The Client understands and agrees that the Company will not make any promises or provide any refunds regarding the eventual recovery of the unused service, in whole or in part, in the event of non-participation or unjustified delay in one or more Live Trading Sessions.

11 – Withdrawal

The User has the right to withdraw from the Contract for any reason whatsoever and without the need to provide explanations within 14 days of the date of purchase of the Training Products, except as indicated below.

In particular:

• with reference to Live Events, only if the User has presented himself and no later than the end of the first day of the course by signing the appropriate form, to be requested from ABTG personnel. Once this deadline has expired in vain, the User will lose the right to withdraw. The correct exercise of the right of withdrawal will result in the User leaving the classroom and being entitled to a refund of the entire fee paid by the User without the obligation to return the course material received. The right of withdrawal does not apply to Lifetime Millionaire Users and Millionaire Users;
• with reference to the coaching sessions, within 14 days of the day on which the payment or the payment of the first fee was made, to be communicated in writing to ABTG. Withdrawal will not be exercisable if the User has already started to use the coaching hours before the aforementioned deadline;
• With reference to the Digital Training Products, the right of withdrawal can only be exercised if the User has used the same in a percentage not exceeding 20% (twenty per cent).

In the event that the User intends to exercise the right of free withdrawal, he/she must fill in and send the standard withdrawal form available at the following link or any other explicit declaration of his/her decision to withdraw from the relevant Contract to the e-mail address: assistenza@alfiobardolla.com.

As far as physical Training Products are concerned, the return shall take place at the User’s care and expense, through the shipment of the products subject to withdrawal, by courier of the User’s choice, to the following address:

Alfio Bardolla Training Group S.p.A.

c/o Returns Service

Via Ripamonti n. 89

20141 – Milan

In order to validly exercise the aforementioned right of withdrawal, the User must comply with the following terms and conditions:

• the withdrawal may also be applied limited to single Training Products that are the subject of a single purchase, it is understood that the withdrawal applies to the Training Product in its entirety; consequently, the User may not exercise the withdrawal limited to a part of the single Training Product purchased (e.g. a single book of a boxed set)
• the Training Product in relation to which the User has exercised the right to withdraw must be intact and be returned in its original packaging, complete in all its parts (including packaging and any ancillary documentation);
• in compliance with the instructions received from ABTG, the User will provide, at his/her sole responsibility and care in the case of free withdrawal and, in the case of withdrawal for a defective or non-compliant product, at the sole responsibility and care of ABTG, for the shipment and return of the products
• if the Formative Product returned is damaged during transport, ABTG will only be required to notify the User of the incident in order to allow him to file a timely complaint against the courier chosen by him, against whom (and/or the relevant insurance company) to claim.

ABTG shall not be liable in any way for theft or loss of the returned Training Products; any related risk, therefore, remains the sole responsibility of the User.

In the event of damage to the returned Training Products, the User is only liable for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods within the limits of the provisions of Article 57.2 of the Consumer Code.

Once the existence of the requirements has been verified, ABTG will refund the User the full amount paid for the relative Training Products subject to withdrawal, as well as any shipping costs incurred within 14 (fourteen) days from the date of the request, or from the return of the products themselves or from the date on which the User has shown that they have sent back the Training Products, whichever comes first.

The User expressly agrees that the aforementioned refunds will be made by transferring the amount charged to the Credit Card indicated at the time of purchase or by means of a Bank Transfer, in accordance with the correlative instructions and bank details that will be indicated by the User.

The Contract will still be valid and binding if any of the conditions and procedures for exercising the right of withdrawal specified in this paragraph are not followed, as well as if the Training Products are damaged for reasons other than while being transported, even if these circumstances are different from those specified in Article 57.2 of the Consumer Code. ABTG will then return the Training Products that were improperly returned while also charging the sender for shipping costs.

12 – Continuity of Services

ABTG guarantees the User the continuity of the services generated through the Portal while reserving the right to suspend or interrupt the delivery of Training Products, without any liability, in the event of:

• technical requirements, including but not limited to: breakdowns, maintenance, equipment replacements, ordinary and extraordinary interventions, and system implementations;
• causes not attributable to ABTG, such as those due to difficulties or impossibility of communication, interruptions in the supply of electricity, strikes by staff, including ABTG staff, acts or measures of a judicial nature that inhibit the ability to receive, send and process electronic flows relating to its digital infrastructure;
• acts of third parties and, in general, any impediment or obstacle that cannot be overcome with ordinary diligence by ABTG;
• other causes of force majeure as identified by case law and international industry best practice (including epidemics and pandemics).

ABTG will notify the User through the Portal, email address or other suitable means of communication of the occurrence of any of the events described above.

In such cases, unless the cause, i.e. the occurrence of security problems and/or violations of the law is not attributable to the User, ABTG will extend the duration of provision of the Educational Product for a period of time equal to the duration of the suspension/interruption.

13 – Warnings and Indemnity

All Educational Products are for training and educational purposes. By purchasing an Educational Product, the User is fully aware that the risk of investing in the stock market, in real estate and the risk inherent in the exercise of entrepreneurial activities can generate substantial losses, even greater than the entire amount of the capital invested.

ABTG and/or the coaches only provide specific training on certain areas of interest to the User, who is aware that he must then act, under his sole responsibility, according to diligence and in a discretionary manner. Therefore, ABTG and/or coaches shall not be held liable in any way for any failure to achieve the objectives that the User had initially set or, even less so, for the consequences, of any nature or kind, deriving for the User from any decisions and/or actions developed following the purchase and/or participation and/or registration to ABTG’s Training Products.

The User, therefore, assumes full responsibility for any action and decision that he/she undertakes, expressly indemnifying ABTG and its coaches from claims concerning any loss, damage and/or prejudice that the User may suffer as a result of his/her own investment operations.

The User also assumes all responsibility for the correctness of the data provided to ABTG’s coaches and the lawfulness of the choices he/she will actually make.

With particular reference to the Live Trading Sessions, the User, within the limits of the law, releases and exempts ABTG from any liability for any direct or indirect damages that may arise, for any reason not attributable to the Company, concerning the provision and content of the service, also undertakes to hold harmless ABTG from any claim or harassment that may be made by third parties. The User expressly acknowledges that the data and information accessible during the use of the service must not be considered a solicitation of public savings or as the promotion of any form of investment, nor personalised recommendations within the meaning of the Consolidated Law on Finance, since this is solely standardised information aimed at the general public (see Article 69, paragraph 1, point c, Consob Issuers’ Regulation and recital no. 79 of the MIFID Directive 2006/73/EC) to provide information and decision-making support to the User through an information flow of data, news, research and analysis.

14 – Limitation of compensation

The User expressly agrees that any compensation claimed against ABTG is limited to the refund of the price paid for the chosen Training Product. To this effect, no higher amounts may be claimed for any pecuniary, economic or physical damage.

15 – Confidentiality and non-competition agreement

The educational and training material relating to the chosen programme is the exclusive property of ABTG; therefore, the same may not be used by the User for purposes other than direct use for personal financial training purposes. The User undertakes not to divulge, even if only free of charge and/or non-commercially, teaching materials and information, including methods and processes, of which he/she has come into possession or has knowledge from ABTG, not to make audio-video recordings on any digital or physical support, and not to contribute, in an associated and/or organised form, to the purchase of Training Products in order to obtain undue financial and/or personal advantages. The User also undertakes not to use any transcripts, notes or any material in a paper format containing the content of the Training Products for purposes unrelated to personal training, and not to carry out or allow third parties to carry out, even via the establishment of companies, courses or seminars in direct or indirect competition with the activities carried out by ABTG. This prohibition is valid for the 5 (five) years following the signing of this contract and is limited to the entire Italian territory (including the Vatican State and the Republic of San Marino) and European territory (including Switzerland and the Principality of Monaco). At the time of purchasing a Training Product, the User is obliged to report to ABTG if he/she has carried out or is carrying out directly or on behalf of subjects activities in competition with the same. In the event of a violation of even one of the prescriptions provided for in this article, the User undertakes as of now to pay the sum of € 150,000 (Euro one hundred and fifty thousand/00) as a penalty, without prejudice to compensation for any greater damages.

16 – Assignment of the Contract

ABTG has the right to assign this Contract to third parties, natural or legal, at any time, informing the User by sending a notice by email.

17 – Processing of Personal Data

The User’s Personal Data will be processed by ABTG in accordance with the GDPR. Further information on the processing of the User’s Personal Data can be found in ABTG’s Privacy Policy referred to in this link.

18 – Intellectual Property Rights

The programs, processes, designs, software, technologies, trademarks and trade names, and inventions (current or future) that appear on the Website and Portal are the property of ABTG and are protected by copyright, trademark and unfair competition laws and, therefore, may not be copied and/or imitated.

The User undertakes not to use the Site or the Portal in any way for purposes other than those indicated in these Conditions.

Therefore, the extraction, translation, and distribution to the public in any form whatsoever, as well as the copying and/or reproduction of the graphics or of any component/element of the Website and the Portal without the express authorisation of ABTG is prohibited.

All rights not expressly granted are reserved.

19 – Termination

ABTG shall be entitled to terminate the Contract pursuant to Article 1456 of the Italian Civil Code and, consequently, to close (even permanently) the User’s Account, in all cases of breach of Article 4 (Use of the Account), Article 6 (Prices and payment methods), Article 8 (Live Events and classroom courses) and Article 18 (Intellectual property rights).

In any case, upon the termination of the Contract, ABTG shall be entitled to retain the amounts already received for any reason from the User, without prejudice to the Company’s right to compensation for any greater damages.

20 – Notices

For the exercise of the rights referred to in these Conditions, for all legal obligations as well as for all matters relating to technical assistance on the use of the Portal, the User can directly use certain features within the Portal or contact ABTG at the following email address

– info@alfiobardolla.com

ABTG sends the User all communications due under these Conditions via the system integrated into the Account or to the email address registered when purchasing the Training Products.

21 – Modification of the Conditions

ABTG reserves the right, at any time, to change these Conditions by giving the User 30 (thirty) days notice of the change, where possible.

The Conditions, fees and characteristics of the Training Products, updated with the latest changes, are always available on the Website.

22 – Interpretation

The Contract, as governed by these Terms and Conditions, is the sole agreement effective between the Parties with respect to the subject matter herein and supersedes by full right any other prior written, oral or tacit agreement between the Parties with respect to the same subject matter.

In the event that one or more provisions of these Conditions should be null, void or unenforceable, the Contract shall remain binding and effective between the Parties with respect to all remaining provisions.

Any specific conditions negotiated and formalised in writing between the User and ABTG will prevail over these Conditions.

23 – Applicable Law, Jurisdiction and Alternative Dispute Resolution

The Contract is subject to Italian law.

Please note that:

• in the event that the User does not qualify as a Consumer, jurisdiction is exclusively assigned to the Court of Milan;
• in the event that the User qualifies as a Consumer, for any dispute relating to the application, execution and interpretation of the present Conditions or of the Contract, the competent court shall be the court of the place in which the Consumer resides or has elected domicile.

Pursuant to Article 141-sexies, paragraph 3, of the Consumer Code, ABTG informs the Consumer that

in the event that he has made a complaint following which, however, it has not been possible to resolve the dispute that has arisen, ABTG shall provide him with information on the body or bodies for the alternative, out-of-court resolution of disputes relating to obligations arising from a contract concluded under these Conditions (so-called ADR bodies, as indicated in the following paragraphs). ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specify whether or not it intends to use these bodies to resolve the dispute.

ABTG also informs the Consumer that a European platform for the online resolution of consumer disputes has been set up (the so-called ODR platform). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.

Through the ODR platform, the Consumer will be able to consult the list of ADR entities, find the link to the website of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.

The Consumer residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these Terms and Conditions, to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, EUR 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.

In any case, the Consumers’ rights to bring an action before the competent ordinary court for disputes arising from these Conditions or from the Contract shall remain unaffected, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the requirements are met, of promoting an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code.

24 – Contract concluded online

In accordance with industry practice for the conclusion of online contracts, the User has been allowed to carefully read and store these Terms on a durable medium. In particular, the User has been expressly made aware of the conditions highlighted by ABTG in articles 6 (Prices and payment methods), 8 (Live Events and classroom courses), 11 (Withdrawal), 13 (Warnings and Indemnity), 14 (Limitation of indemnity), 15 (Confidentiality and non-competition agreement), 16 (Assignment of contract), 17 (Termination) and 18 (Applicable law, Competent Court and Alternative Dispute Resolution).

Therefore, also for the applicability of the regulations outlined in Articles 1341 and 1342 of the Italian Civil Code, these are deemed to be expressly accepted by ticking the appropriate flag when accepting the General Conditions.