These Terms of Use and Purchase govern the User’s use of positanowinefest.com; the Customer’s purchase of Tickets to Events, which may be made through positanowinefest.com; and govern all services related to Events organized and performed by E&M COMMUNICATION s.r.l:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions:
The following definitions apply unless the context requires otherwise:
“Customer” means the party named in the Order Confirmation (or such other person or organization as may be substituted with the written consent of E&M COMMUNICATION s.r.l.) and, where the context requires, includes any employee, representative, agent or contractor acting on behalf of the Customer.
“Event(s)” means the events organized by E&M COMMUNICATION s.r.l. during Positano Wine Fest, whether Positano Wine Fest Passes, individual Masterclasses entries or other types of Ticket sold on positanowinefest.com.
“Order Confirmation” means a written confirmation sent by any means, including digital media and e-mail, by which E&M COMMUNICATION s.r.l. communicates the description of the Tickets purchased and describes the details of the transaction.
“Terms and Conditions of Use and Purchase” means these terms and conditions of purchase, including the Privacy Policy.
“Ticket” means a ticket, voucher or other form of pass issued by E&M COMMUNICATION s.r.l. that allows access to the Events.
“User” means any Customer holding Tickets, vouchers or other form of pass provided by E&M COMMUNICATION s.r.l. .
“Venue” means any place where Events are held.
“Organizer” means E&M COMMUNICATION s.r.l., Via F. Casati 32 – 20124 Milan.
1.2 Interpretation
A. Titles are for convenience only and do not affect interpretation.
B. The singular includes the plural and vice versa.
C. Where there are two or more parties named as Customer, reference to a right or obligation of the Customer shall confer such right or impose such obligation, as the case may be, jointly and severally.
2. USER’S ACCEPTANCE AND CONSENT TO THE USE AND TERMS AND CONDITIONS OF PURCHASE OF E&M COMMUNICATION s.r.l.
2.1 By using or visiting positanowinefest.com, or purchasing Tickets in any manner from E&M COMMUNICATION s.r.l., You expressly agree to be legally bound by and comply with these Terms and Conditions of Use and Purchase and all applicable laws, ordinances and regulations.
3. CONTRACT BETWEEN E&M COMMUNICATION s.r.l. AND THE USER
3.1 The Organizer is the official organizer of the Events and Tickets are not sold through any intermediary. You agree not to obtain or attempt to obtain any Ticket through the unauthorized use of an automated device or any other illegal or unauthorized activity. The Organizer reserves the right to cancel any transaction it reasonably suspects to have been made in violation of these provisions without prior notice to the User and all Tickets purchased under such transaction will be cancelled.
3.2 Each ticket is valid for one person and cannot be shared among more than one person.
3.3 The purchase of Tickets takes effect from the sending of the Order Confirmation and ends immediately after the completion of the Event. All purchases are subject to payment card verification and other security checks and the User’s transaction may be cancelled if it has not passed the Organizer’s verification process
3.4 If Customer has purchased (or received) a Ticket for another person, Customer shall bring these Terms of Use and Purchase and applicable regulations to the attention of other Ticket holders. The Customer must ensure that the holders of such Tickets comply with these Conditions of Use and Purchase and applicable regulations. If the Customer, or a Ticket holder, fails to comply with these Terms of Use and Purchase or applicable regulations, the Customer or Ticket holder (as the case may be) may be denied admission to the Event Venue or may be removed from the Event Venue without any refund or compensation.
3.5 These Terms of Use and Purchase and the Order Confirmation constitute the entire agreement between Organizer and the User, Customer or Ticket holder (as applicable).
By accessing the Venue and/or using the Ticket, each Ticket holder acknowledges and agrees that he or she has read and understands these Terms of Use and Purchase and agrees to abide by these Terms of Use and Purchase.
4. PAYMENT
4.1 By placing the order, the Customer authorizes the Organizer to charge the selected payment method for the total amount, which includes the price of the Ticket. E&M COMMUNICATION s.r.l. accepts Visa, Mastercard, American Express, CB, Paypal, Apple Pay and Google Pay.
5. WAIVER OF REGISTRATION
5.1 The Organizer reserves the right to broadcast and disseminate the recorded content via TV, satellite, cable, IPTV, Internet and any other means of distribution.
The User consents to the use by the Organizer (and any third party authorized by the Organizer from time to time) for the purpose of or in connection with any publication, exhibition or broadcast (including any literature, campaign or advertising or promotional material) in any media worldwide, in perpetuity and on a royalty-free basis, and approved by Organizer of any still or moving image taken during the Event, where such image includes User’s image, voice and likeness, and User waives any rights to User’s personality and privacy to the extent necessary to permit such use.
6. DATA PRIVACY POLICY
6.1 By accepting these Terms and Conditions of Use and Purchase, You also accept and submit to the Organizer’s Privacy Policy.
7. ADMISSION AND ATTENDANCE
7.1 Users participating in Events must comply with the rules and policies of the Organizer and Venue. Failure to comply with such rules and policies may result in consequences against Users. Users who fail to comply with such rules and policies are liable for all applicable fines and associated legal or other fees.
7.2 Organizer reserves the right to refuse admission (or reject) from the Venue any person (i) who fails to comply with these Conditions of Use and Purchase or (ii) who is in possession of a Ticket that has been sold or used in a manner that does not comply with these Conditions of Use and Purchase.
7.3 Users shall not make, create, store, record or transmit any kind of sound, visual or audiovisual recording (“Recording”), or store, record or transmit any information or other data, in connection with the Event. It is prohibited to bring into the Event Venue any equipment that would enable the above acts to be performed. Personal electronic devices (including cameras, cellular telephones, and other portable personal communication devices) are permitted inside the Event Venue, unless otherwise notified, provided that any recording and any image, including photographic images and still images derived or that may be derived from a recording (“Image”) of the Event that is recorded, stored, and/or stored on it is used solely for private, non-commercial personal purposes.
As a condition of purchasing Tickets, Users agree that. (i) the use of such Recordings or Images for any form of public advertisement, exhibition, commercial gain or for any other purpose (other than one’s own private enjoyment) without the prior written consent of the Organizer is strictly prohibited and shall constitute a violation of these terms and conditions for which the User may be held liable; and (ii) at the request of Organizer, User will assign in writing to Organizer the copyright and all other intellectual property in any Image or Recording that User creates, makes, stores or records, at or in connection with the Event.
8. CANCELLATIONS AND REFUNDS
8.1 Purchased Tickets are non-cancelable and non-refundable.
8.2 Should User be unable to attend one or more Events, User may transfer purchased tickets to another participant. Such requests must be made by the User up to 1 (one) day before the Event.
8.3 Cancellation of Events: In the event of cancellation of one or more events or tasting points during Positano Wine Fest, tickets shall be deemed purchased only for the Event in question and shall not be transferable to other events organized by E&M COMMUNICATION s.r.l..
It is your responsibility to check if an Event has been cancelled and the date and time of any rescheduled Event.
If an Event is cancelled or rescheduled, the Organizer will make every effort to notify the User of such cancellation.
The Organizer reserves the exclusive right to reschedule all of its Events at any time and under any circumstances.
If the cancellation of an Organizer Event results from an Event outside Our Control (as explained below in Section 13), You agree and acknowledge that You will have no right to be refunded or compensated in any way.
In the event of cancellation of an Organizer Event due to an Event outside Our Control, You shall not be deemed to be in default or otherwise liable for any failure or delay in performance.
In any case, the dates and venues where the Events will be held are purely indicative and as such not binding for the organizer, who reserves the right, in relation to its own organizational needs and the concrete logistical possibilities, to change the dates, the venues of the Events, as well as to replace the speakers already indicated with others deemed, in its sole discretion, suitable to hold the relevant Events, in accordance with the following point
If the organizer deems for unquestionable reasons that the courses/events cannot be held on the dates and locations indicated, it undertakes to notify the participants, who will not be entitled to any reimbursement and/or compensation, by communicating in writing the new dates and/or locations where the events will be held.
Within the term of fourteen (14) days from the receipt of the communication the Participant, if unable to participate in the course/event on the new dates or in the different location, may request, in substitution, to participate in another event during the days of Positano Wine Fest, under penalty of forfeiture of the entire fee which will be definitively forfeited by the company.
Otherwise, his participation in the Event at the new dates and/or venues indicated will be considered confirmed.
In the event that the speakers called upon to hold the courses/events are unable to attend, the organizer reserves the right to replace them with others deemed, in its sole discretion, suitable to hold the relevant courses, without the participants being able to make any objections or claims of any kind or withdraw from the courses for that reason.
9. UNLAWFUL ACTIVITY
9.1 The organizer prohibits the use of positanowinefest.com for illegal behavior. All Users must comply with all local, state, federal and international laws, ordinances and regulations. The User agrees not to use false information or use invalid or unauthorized credit or debit cards. The User agrees not to use or allow anyone to use the information provided through positanowinefest.com for illegal or unauthorized purposes.
10. NO WARRANTY
10.1 To the fullest extent permitted by applicable law, Organizer disclaims all warranties, express or implied, relating to positanowinefest.co.uk, the materials and any tickets obtained through positanowinefest.co.uk, including, without limitation, the implied warranties of title, non-infringement of third party rights, merchantability and fitness for a particular purpose, and any warranties that may arise from a course of dealing or usage of trade. The organizer does not warrant that User’s use of positanowinefest.co.uk will be uninterrupted, error-free or secure, that defects will be corrected, or that the site is free of viruses or other harmful components. The User assumes all responsibility and risk for the use of and reliance on positanowinefest.co.uk. Use of positanowinefest.co.uk and any materials provided through the site is entirely at the User’s own risk. The User must use his/her own judgment and caution where appropriate.
11. LIMITATION OF LIABILITY
11.1 You expressly acknowledge and agree that the organizer shall have no liability for: (i) any action of another user against positanowinefest.co.uk; (ii) personal injury or property damage, of any nature, arising in contract or tort, resulting from your access to and use of positanowinefest.co.uk, including any claim, cause of action, obligation, liability, right or remedy arising or not arising out of the negligence of the organizer; (iii) any unauthorized access; (iv) any interruption or cessation of transmission to or from positanowinefest.co.uk; (iv) any bugs, viruses, worms, defects, or other items of a destructive nature that may be transmitted to or through the site by third parties; (v) any error, mistake, inaccuracy, or omission in any material, or for any loss or damage of any kind incurred as a result of the use of any material available through positanowinefest.co.uk; your sole and exclusive remedy for dissatisfaction with positanowinefest.co.uk is to stop using the site. The organizer’s maximum liability and the user’s sole and exclusive remedy for all damages, losses suffered by the user and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by the user, if any, for access to positanowinefest.co.uk.
12. CHANGES IN TERMS AND CONDITIONS
12. 1 The organizer reserves the right, at its sole discretion, to change these Terms and Conditions of Use and Purchase at any time. If the organizer changes any terms or conditions, such change, revision, and additional information will be posted here and will automatically supersede the terms and conditions and become binding on all users of this site. Your continued use of the site after the organizer publishes amended terms and conditions constitutes your acceptance of the amended agreement.
13. EVENTS BEYOND OUR CONTROL
13.1 Organizer shall not be deemed to be in default or otherwise liable for any failure or delay in the performance of any obligation of Organizer that is caused by an Event Outside Our Control.
13.2 “Event beyond our control” means any act or event beyond the reasonable control of the Organizer, including, but not limited to, strikes, lockouts or other industrial action by third parties, civil disturbances, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared) or threats or preparations for wars fire, explosion, storm, flood, earthquake, subsidence, epidemic, Coronavirus disease (COVID-19), or other natural disaster, or failure of public or private telecommunication networks or inability to use railways, shipping, airplanes, motor transport or other public or private means of transportation, or any other similar cause not under the control of the organizer.
14. ADDITIONAL PROVISIONS
14.1 Your use of positanowinefest.co.uk does not imply or create any agency, partnership, joint venture or other relationship.
14.2 All contents of this website or affiliated platform are copyrighted works of the organizer. All rights reserved. The content of this website or platform has been carefully prepared and is updated regularly. However, we cannot guarantee that the totality of the information is perfectly accurate or error-free.
14.3 These Terms of Use and Purchase contain the entire understanding between the parties with respect to the matters contained herein and supersede in their entirety all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic, or implied.
14.4 If any provision of these Terms of Use and Purchase is held invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions shall not be affected.
14.5 In addition, the provision deemed invalid or ineffective will be enforced to the fullest extent permitted by law.
15. JURISDICTION
For any dispute arising from the execution and/or interpretation of this contract, the Court of Milan shall have exclusive jurisdiction.