GENERAL TERMS AND CONDITIONS

1.    SCOPE

1.1    The General Terms and Conditions of Contract (the “General Terms and Conditions”) are applicable to the provision of English language teaching services between the company operating the Kids&Us school (the “Provider”) and the Customer as identified in the Special Terms and Conditions in force between the Provider and the Customer (jointly, the “Parties”).

1.2    For the purposes set out in the General Terms and Conditions:
a.    The “Special Terms and Conditions” are part of the Enrolment Contract (this term is defined in section 5).
b.    The “Customer” refers to the person who, in their own name or in the name and on behalf of a minor under their guardianship or parental authority, contracts the Provider’s Services, without the Services being transferred by the Customer to third parties or being used by persons other than the Customer or the minor under their guardianship or parental authority who is registered as a student at the school.
c.    The “Services” refer to the English language teaching services, under the Kids&Us system, contracted by a Customer to the extent set out in the Special Terms and Conditions which, in any event, shall be provided by the Provider in accordance with the Enrolment Contract. 
d.    The “Contract” consists of the Special Terms and Conditions, the General Terms and Conditions, the School Terms and Conditions, the My Way Terms and Conditions, the Health Declaration (if appropriate) and the Alpha Card.
e.    “Mousy” means students aged 1 year onwards enrolled in the first year of the Kids&Us methodology.
f.    “Linda” refers to students aged 2 and above enrolled in the second year of the Kids&Us methodology.

1.3    In the event of a contradiction, the Special Terms and Conditions shall prevail over the General Terms and Conditions and the School Terms and Conditions, and, in turn, the General Terms and Conditions shall prevail over the Special Terms and Conditions.

1.4    Acceptance of these General Terms and Conditions by signing the Enrolment Contract implies that the Customer:
a.    Has read and understood what is stated herein and has had the opportunity to ask the Provider any questions necessary to resolve any doubts. 
b.    Is a person with sufficient capacity to enter into the contract.
c.    Assumes all the obligations resulting from the contract.

1.5    The General Terms and Conditions may be amended for legal, regulatory, security or commercial reasons only if, after the proposed amendments have been sent to the Customer, the Customer accepts them voluntarily and without reservation. This consent shall be deemed to have been tacitly given if the Customer does not express their objection to the incorporation of the amendments in writing thirty (30) days after they have actually been delivered to the Customer (with acknowledgement of receipt) or after the Customer has been informed in writing of their existence on the Provider's website https://www.kidsandus.it/it.

2.    SERVICES
2.1    Prior to the acceptance of this contract, the Customer has been informed of the following aspects by email or letter:
i.    the full catalogue of the courses offered, with their essential characteristics and objectives, as well as the duration and timetable and the main features of the teaching system based on the Kids&Us method; 
ii.    the Provider’s information (expressly stating that it is acting on its own behalf), as well as the school where the Services will be provided; 
iii.    the price of the course for which the Customer has expressed interest, including all taxes and fees, as well as the cost of the materials (this term is defined in section 2.11) (collectively, the “Price”) which the Customer must pay and which is necessary for the implementation of the course because it is inherent to the Kids&Us teaching method, as well as the conditions and means of payment; 
iv.    the need for the Provider to know the number of enrolments before the start of each academic year for organisational reasons and, therefore, the annual enrolment procedure will be carried out electronically;
v.    the Customer's right of withdrawal under the terms set out in section 3; 
vi.    the content of the General Terms and Conditions, after giving the Customer the opportunity to ask questions in relation to these General Terms and Conditions.

2.2    The services will be provided at the school stated in the Enrolment Contract.

2.3    Timetable and duration of classes depending on the course: 
a.    Babies (Mousy-Linda): the standard duration of the Babies classes will be 45 minutes once a week. If there is only 1 student, the class will last for 30 minutes as it is adapted to the concentration capacity of the students at an early age and because all the attention is focused on this single student. For Babies classes in partner schools, the class will last for 30 minutes.
b.    Kids (Sam to Pam&Paul): the duration of Sam to Pam&Paul classes will be 60 minutes once a week.
c.    Ben&Brenda: the usual class duration for Ben&Brenda classes will be 90 minutes once a week.
d.    Tweens 1 and 2: the usual class duration for Animal Planet courses will be 60 minutes twice a week.
e.    Tweens 3 to Teens 4: the usual class duration for Fairy Tales, Mysteries and The Future classes will be 90 minutes twice a week.
f.    Teens 5 Teens 6: the usual class duration for Subscription classes will vary depending on the chosen method: 90 minutes twice a week or 90 minutes once a week. 
g.    For one-to-one classes (one student only), the length of the class may vary according to the programme established by the school for that purpose.

2.4    For classes that do not follow the Kids&Us methodology, the timetable, class duration, number of students, start date, end date, and/or material used may vary across schools.

2.5    The specific timetable of classes will be as set out in the Special Terms and Conditions and may therefore vary each academic year, depending on the course chosen and the number of students assigned to each course that may be available at a particular time.

2.6    The courses will generally start in September of each calendar year and end in June of the following year, on the specific dates and according to the lesson schedule stated in the Special Terms and Conditions.

2.7    Classes indicated in the school calendar that, for whatever reason, a student does not attend cannot be made up.

2.8    The maximum number of students per class will be five (5) for the Babies classes and eight (8) for the other classes. For Babies classes taught in partner schools, the maximum number of students per group will be eight (8). If one month after the course has begun there are three (3) or less students in the class and there are no other groups that can absorb those students, the Provider reserves the right to dissolve the group and, in that case, will proceed to refund any amount that the Customer has paid by way of enrolment during that period, including the cost of the Materials referred to in section 2.11.

2.9    During the re-enrolment period, the Provider reserves the right to modify the group composition until the final composition is confirmed by email to the Customer.

2.10    Mousy students will be accompanied by a legal adult throughout the whole course. While Linda's five (5) students will be accompanied by a legal adult during the first few months of the course. For classes held at external venues, students will not be accompanied by an adult.

2.11    The teachers have an academic or professional qualification appropriate for teaching the classes. Contracting the Services by signing the Enrolment Contract implies that the Customer knows and accepts that these Services are based on the non-accredited Kids&Us teaching method which, in addition to the student's participation in the School, provides for the use of its own teaching materials (the “Materials”), the cost of which will be borne by the Customer, subject to the suitability of these materials to the requirements of each course.
The Materials will vary according to each phase and will include content in physical and digital format. They have been created with the aim of offering students an all-round experience that begins in the Kids&Us classroom and is completed outside it. The school will inform Customers about the Materials for each course at the beginning of the course through the “Materials catalogue”.

2.12    The Services are considered as “non-formal training” and, therefore, the diplomas or certificates that the Provider may issue are not official in nature. The Provider prepares students to take examinations that provide internationally recognised diplomas if they wish. The price of participation fees to obtain the certificate will be included in the price of the courses offered by the Provider if the Provider expressly states so.

3.    RIGHT OF WITHDRAWAL

3.1.    The Customer shall have the right to withdraw from the Services within fourteen (14) calendar days from signing the Specific Terms and Conditions, without the need to state the reason and without incurring any costs. If the right of withdrawal is exercised by a Customer, the Provider shall be obliged to refund all amounts paid by the Customer, using the same means of payment used by the Customer for the initial transaction. The amounts corresponding to the Materials will only be refunded upon return of the physical Materials and limited to those not used.

3.2.    The right of withdrawal governed by this section may be exercised by any written means and, if exercised unilaterally by the Customer, the Provider shall promptly communicate receipt of such withdrawal by secure means.

4.    PRICE

4.1.    The Customer shall pay for the Services, the amount and terms of payment of which shall be as set forth as and when needed (stated in the legal currency of the country) in the Special Terms and Conditions:
a.    Enrolment (as applicable).
b.    Course price (as applicable).
c.    Materials.
d.    Taxes which, where appropriate, are applicable in accordance with the legislation in force.

4.2.    Unless otherwise stipulated in the Special Terms and Conditions:
a.    The enrolment fee will be paid after signing the Enrolment Contract.
b.    Payment for Materials will be made after the Enrolment Agreement is signed, regardless of when the student actually enrols on the course.
c.    The Price, which shall be the one stated in the Special Terms and Conditions, is a lump sum and has therefore been calculated taking into account the characteristics linked to the course without the periodic fees agreed upon between the Parties to be considered as remuneration for the teaching hours relating to that specific period. Therefore, in the event that, for any reason (holiday, illness, force majeure or any other cause) a Customer does not receive the number of teaching hours corresponding to the period that any of the periodic payments of the Price relate to, they shall not be entitled to reimbursement in respect of those hours nor to make up the lessons.
d.    Taxes applicable on a case-by-case basis will be paid in accordance with the applicable regulations.

4.3.    The Provider shall be obliged to reimburse the Registration and the Materials only in the cases provided for in sections 2.8 and 3. Without prejudice to the provisions of applicable law, the Provider shall not be obliged to reimburse the amount of the Enrolment Fee or Materials in any other case. More specifically, the Customer understands and accepts that withdrawal from the course, for whatever reason, or the termination by the Customer of the relationship with the Provider shall entail the loss of these amounts.

4.4.    In the event that the Customer has paid any of the amounts included in the fee for the Services by direct debit and a refund of any amount received is made, all costs associated with it shall be borne by the Customer with full indemnity to the Provider.

4.5.    Any discounts, price reductions and/or other reductions will require prior written agreement from the Parties.

4.6.    Both the Enrolment and the courses are personal and non-transferable and, therefore, no person other than the student identified in the Enrolment Contract may attend the courses contracted by the Customer.

5.    ENROLMENT CONTRACT

5.1.    The Services shall be provided in accordance with the General and Special Terms and Conditions subject to the fulfilment of the formalities necessary for enrolment by the Customer by signing the corresponding Enrolment Contract (the “Enrolment Contract”), which shall be formalised in writing by email. Each Enrolment Contract must contain at least the following information:
a.    The name of the Customer and the student the Services are requested for, as well as the relationship between the Customer and the student and the accreditation, if applicable, of parental authority or guardianship over them. 
b.    The Services requested, indicating the course they are interested in and the details and characteristics of the course.
c.    The fee for the Services.
d.    The Customer's express acknowledgement of the General Terms and Conditions, as well as the opportunity offered by the Provider to the Customer to ask questions and, in addition, the Customer's express acceptance of the General Terms and Conditions and, where applicable, the declaration concerning access to pre-contractual information referred to in section 1.4.
e.    The Customer's consent to receive by email, or in the space created for this purpose on the Providers's website or by any other means agreed upon between the Parties, the information and forms of the re-enrolment procedure for subsequent courses, which may be contracted remotely and to which, in any case, these General Terms and Conditions shall apply.
f.    In the document (“Alpha Card”), the Customer's consent to processing their personal data, voice and image, as well as the manifestation of their rights in this respect and the manner of exercising them, and the identification of the controllers of such processing.

5.2.    The Enrolment Contract shall not be binding on the Parties until acceptance by the Provider has taken place and has been sent to the Customer by email or by the same means as the Enrolment Contract (the “Acceptance”), from which date the relationship between the Parties shall be deemed to have been finalised. 
Without prejudice to sending the Acceptance by the Provider to the Customer, the Provider shall, in any event, be obliged to keep a scanned copy of the Enrolment Contract and its Acceptance at the School as proof of the contract entered into.

5.3.    The Provider is under no obligation to accept any Enrolment Contract and therefore reserves the right to reject them without any liability whatsoever for the Provider.

6.    RE-ENROLMENT

6.1.    Every year, before the end of the academic year (indicatively from March to May), the Provider shall send the Customer a communication by email in order to provide the Customer with all the information indicated in section 2.1 in relation to the following school year, (the “Re-enrolment Notification”) as well as:
a. The possibility of formalising the re-enrolment for the new academic year (the “Re-enrolment”), both in person at the school or remotely by electronic means by completing the Enrolment Contract.
b. An explicit mention that:
i.    The return of the completed Enrolment Contract shall entail, after its Acceptance by the School, the Customer's obligation to pay for the new course under the terms resulting from the Special Terms and Conditions, as well as acceptance of the General Terms and Conditions.
ii.    Upon acceptance of the Enrolment Contract by the Provider, the terms and conditions of the Enrolment Contract shall govern the relationship between the Parties until the completion of the newly contracted course.
iii.    The Provider shall send its Acceptance to the Customer for filing by secure means. 
iv.    Without prejudice to sending the Acceptance of the Enrolment Contract by the Provider to the Customer in accordance with the provisions of section 6.1, the Provider shall in any event be obliged to retain a scanned copy of the Enrolment Contract entered into by the Client at the School with its Acceptance by the Provider as proof of its execution.

6.2.    Upon re-enrolment, the regulations on distance contracts by electronic means in force at any given time shall apply. 
7.    COMPLAINTS

7.1.    The Customer may address any complaint relating to the Services by means of the complaint forms available at the School.

7.2.    In accordance with the provisions of the applicable Italian legislation, it should be noted that the Customer may lodge a complaint concerning poor performance (if applicable) within the context of the Services in the cases provided for by the Law before the platform for alternative dispute resolution with consumers or an equivalent competent body (ADR), without the Provider being obliged to participate, as governed by Articles 141/141-decies of the Consumer Code (Legislative Decree no. 206/2005).

8.    LIABILITY FOR DAMAGES

8.1.    The Provider assumes full responsibility in connection with the Services and shall be liable to the Customer for any damage or harm that may have been caused to the Customer for causes attributable to the Provider or its professionals or employees as a result of the wilful misconduct or gross negligence of any of them. Outside such cases, the Provider's liability, which shall be limited to direct damage actually caused to the Customer (thus excluding loss of profit or damage to reputation), shall be limited to the sums received by the Customer as consideration for the Services.

8.2.    In no event shall the Provider be liable for any damage arising or caused wholly or partially as a result of falsehood, concealment of information or any other intentional or negligent conduct of the Customer or conduct which has not been carried out in accordance with the principles of good faith, or for breaches resulting from causes beyond its reasonable control.

8.3.    The Provider's liability to the Customer in respect of the Services is subject to the Customer submitting a written claim, stating in sufficient detail the nature of the claim and the amount claimed, except in cases of fraud where the legally established limitation period shall apply.

8.4.    Any liability of the Provider shall be exclusively towards the Customer. The Provider shall not be liable for any damage that may be caused to third parties.

9.    MY WAY

9.1.    It is the educational application that the Provider makes available to the student. My Way complements the work done in the classroom and provides personalised learning pathways to ensure each student achieves the communicative objectives of the course.

9.2.    In order for the student to use My Way and, therefore, take advantage of this service, they must become a My Way user. To this end, the Customer shall accept the Terms and Conditions of the application, which are included in the Enrolment Contract as “My Way Terms and Conditions”.

10.    TERMINATION OF THE SERVICE RELATIONSHIP BY THE CUSTOMER. STUDENT WITHDRAWAL.

10.1.    The Customer may terminate their relationship with the Provider at any time and, therefore, the student may withdraw from the course they are enrolled in at any time by sending a written notice addressed to the attention of the School's management team.
10.2.    Amounts paid for Enrolment and Materials are non-refundable, except in the event of withdrawal by the Customer or in the event of termination of the Contract by the Customer due to non-performance by the Provider. Therefore, unilateral early termination of the Contract by the Customer shall not entitle them to claim reimbursement of such sums, nor of those they have already paid by way of the course Price.

Therefore, if the effective date of termination (or student withdrawal) does not coincide with the last school day in the payment period stipulated in the Special Terms and Conditions, the Provider shall retain all amounts already paid by the Customer without the latter being able to claim a refund of any amount, even if they have not received all the tuition for the said period.  On the other hand, once the contract has been terminated, the Customer shall not be obliged to pay any amounts that have not yet accrued.

11.    TERMINATION OF THE SERVICE RELATIONSHIP BY THE PROVIDER.

11.1.    The Provider may terminate this contract and the provision of Services where:
i.    the Customer fails to comply with the payment obligations assumed under the contract;
ii.    the student demonstrates repeated undisciplined behaviour or acts in a detrimental way to the proper conduct of the teaching, without the right to a refund of the sums paid or to be paid to the Provider, by way of compensation for the prejudice caused.

12.    FORCE MAJEURE

12.1.    In the event that the School closes or it is impossible to provide the Services face-to-face due force majeure, the Provider will offer the Customer a fully digital model, with 100% online content or synchronous lessons depending on the course.

12.2.    The Customer will be informed about the digital model in good time and shall not entail any change in the fee agreed upon in the Special Terms and Conditions of the course.

12.3.    For the purposes of these General Terms and Conditions, “force majeure” shall mean any unforeseeable and unavoidable fact, circumstance, event or occurrence (irrespective of its cause) that prevents the provision of the Services, provided that this is not attributable to the Provider and that there is a causal link between the inability to provide the Services and the aforementioned fact, circumstance or event.

13.    DATA PROTECTION

13.1.    The identification of the data controllers processing of the Customer's personal, voice and image data, the rights that protect the Customer in this respect by entrusting the use of such data to a specific and previously recognised data controller, as well as the purposes, storage, recipients and other requirements established by law for such data will be expressed individually in the attached “Alpha Card” document.

The Customer can find more information at https://www.kidsandus.it/it/footer/informativa-sulla-privacy/.

14.    APPLICABLE LAW AND JURISDICTION

14.1.     The Contract is governed by Italian law.

14.2.    Any dispute between the Parties arising from this Contract shall be settled by the Courts and Tribunals of the Customer's domicile, with the express waiver of any other alternative forum.

ANNEX II: MY WAY TERMS AND CONDITIONS

Kids&Us (the “Provider”) makes available an educational application for Kids&Us students named My Way.
In order to use My Way and take advantage of this service, it is necessary to become a My Way user. To do so, you must have successfully completed the registration process and obtained a user account. In any case, in order to use My Way and take advantage of the service, the Customer (either directly or acting as legal representative, parent or guardian, in the name and on behalf of the minor user who will use My Way) agrees to be bound by these Terms and Conditions and by the rules published by the Provider via its website.
The Provider reserves the right to amend, update and revise these Terms and Conditions to the extent permitted by law at least thirty days prior to their entry into force, in which case it shall notify the Customer by e-mail.
However, the Provider reserves the right to amend the Terms and Conditions with immediate effect, by giving subsequent notice, upon the occurrence of any of the following circumstances: 
-    When necessary due to legal or security requirements.
-    When it results from any variation or adjustment of a technical nature in My Way.
-    When the change corresponds to the elimination or modification of elements that, in the Provider’s opinion, do not allow the preservation of security or are illicit, offensive, inappropriate or discriminatory.
-    When it is necessary to deal with an unforeseen and imminent danger.
By using My Way, the Customer expressly declares in their own name and on behalf of themselves or on behalf of the minor that they know, understand and accept these terms and conditions.

1.    USERS

By registering and accessing My Way you acquire the status of a user. If the User is a minor, the Customer, in their capacity as legal representative, parent or guardian, shall accept these Terms and Conditions on their behalf. Similarly, any Kids&Us teacher or director who accesses My Way during their teaching may also be a user of it.

2.    SERVICE FEATURES

My Way is the educational application for Kids&Us students that complements classroom work and provides customised learning programmes to ensure that each student achieves the communicative objectives of the course.
The User undertakes to enter accurate and truthful data into the application and declares that their use does not violate any third-party rights, agreeing to indemnify and hold the Provider harmless from any liability arising from third-party claims for breach of these Terms and Conditions.
My Way is accessible via the internet and will allow the User's data to be stored or retrieved in connection with the use of the application. As a User, you are responsible for obtaining access to the internet using software and equipment that meet all applicable security requirements.
By accepting the Terms and Conditions set out therein, the User declares and guarantees that they have the rights to all their data, including the right to upload it to the application.
The User expressly authorises the Provider to collect, store, host, transmit and make copies of their data only to the extent necessary to provide the services covered by these conditions.

3.    OBLIGATIONS AND USER RIGHTS

The User is entitled to use the application in accordance with the Terms and Conditions mentioned therein. It is not permitted to grant third parties access to the application, nor its use for commercial purposes or any other purpose not expressly authorised by the Provider. The Provider owns all titles, copyrights and other intellectual property rights related to the application. The User only enjoys the rights recognised in these Terms and Conditions and therefore does not acquire any other rights (express or implied) over the application.
The User undertakes to use My Way in a lawful manner and in good faith, and that their use may not infringe the rights or interests of the Provider or third parties. It is strictly prohibited to:
-    Attempt to increase the privilege level of a user of the system.
-    Violate intellectual property, industrial or other legal rights.
-    Provide untruthful information.
-    Use the application without due diligence.
-    Act contrary to the law or morality.
-    Attack the company’s system.
-    Upload viruses or malicious code, carry out activities that may disable, overload the application or alter how the application operates, such as automated systems (robots, offline readers, etc.). The User may not use the application if the legislation in force in the country where they reside or from where they are accessing it prevents them from accessing and using the Platform.
-    Directly or indirectly develop software or technology involving a whole or partial copy of the application in accordance with the provisions of the Law on Intellectual Property and current legislation, or of the functions of the application; it is prohibited to partially or wholly perform reverse engineering, decompile, disassemble, reproduce, translate, modify, create versions, market, duplicate, transform or transmit to any natural or legal person in any form and by any means, be it mechanical, magnetic, photocopying or any other, or to delete any proprietary notice or label of the application, logic diagrams, source code, object and/or data model.
-    Attempt to decrypt the keys, systems, or encryption algorithms and any other security elements involved in the telematic processes used by the application.
-    Carry out any other similar act or any act which could be construed as anti-social, and which directly hinders the provision of the service.
Kids&Us reserves the right to take legal action against anyone who violates these obligations.

If any illegal use of the network is detected, the competent authorities will be notified in compliance with current legislation.

4.    USE OF PASSWORDS

To access My Way, you must register by entering a user code and a personal, non-transferable password, which will be provided by email. The user is responsible for the consequences that may arise from the misuse of their password.
Access to and use of My Way are strictly reserved to the User, therefore, at the time of registration, they declare on their behalf or on behalf of the minor, that they meet such conditions.
Both the user code and password will remain inactive (thus disabling access to My Way) until the User has accepted these Terms and Conditions.

5.    DESCRIPTION OF THE REGISTRATION PROCEDURE

The stipulation of Kids&Us educational courses with access to My Way allows the User to use the application in accordance with these Terms and Conditions.

6.    USER SUPPORT

For any technical problem relating to the use of the application, the User may contact us by one of the following means:
-    If you are in the following countries, you can request assistance during business hours in the corresponding country by calling +34931220440 (Spain), +39800694398 (Italy), +33970019186 (France), +3280026739 (Belgium) and +525541636141 (Mexico).
-    Filling in the form provided for this purpose in My Kids.
-    Sending an email [email protected].

7.    INTELLECTUAL AND INDUSTRIAL PROPERTY

The Provider is the owner of all intellectual and industrial property rights to this application, as well as to the elements it contains (by way of example, images, software or text; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, use, etc.). My Way is considered to be a project protected as intellectual property by the legal system, since both Italian and EU legislation on the matter are applicable, as well as the international treaties relating to it and signed by Italy. All rights reserved. According to the applicable intellectual property legislation, the reproduction, distribution and public communication, including the method of making available of all or part of the content of this application for commercial purposes, in any medium and by any technical means, without the authorisation of the right holders is prohibited. The User undertakes to respect the intellectual and industrial property rights of the holders thereof. The User can view application elements as well as print, copy and store them on their computer's hard disk or any other physical medium as long as it is for their personal and private use only. The User shall refrain from removing, altering, circumventing or manipulating any protection device or security system installed in the application.
Nothing contained in these Terms and Conditions may be implicitly or explicitly interpreted as an assignment or transfer of the industrial or intellectual property rights relating to the application and/or technology in favour of the User, who must scrupulously respect the ownership of such rights under these Terms and Conditions and notify the respective owners in writing of any infringement of such rights they are aware of.

8.    LIABILITY DISCLAIMER

The application serves as a support tool for the professional and its use does not exempt the user from verifying that the data entered and that used by the application is correct. The User is solely or exclusively responsible for the failure to update the data, releasing the Provider from any liability in this respect.
The Provider, as data controller, has a security document and complies with the requirements of the Data Protection Regulation (EU) 2016/679 and Legislative Decree no. 196/03 on data protection and the guarantee of digital rights, and has put in place all possible technical means to prevent the loss, misuse, alteration, unauthorised access to and theft of data. The User is solely responsible for ensuring that adequate security systems or programmes are in place on their devices such as firewalls, antivirus software or others that guarantee secure access to their information.
In view of the large number of factors outside its responsibility, the Provider, in providing such a service, does not implicitly or explicitly guarantee full availability of the service.
The data controller shall not be liable for damages that may result from telephone interference or failures, disconnections in the electronic system, the presence of computer viruses, malware or any other factors beyond its control.
The data controller shall make the application available to the User without express or implied warranties of any kind including, without limitation, warranties of merchantability, patentability and/or fitness for a particular purpose or the existence of defects or errors, nor in relation to its suitability to integrate a specific system, title or non-infringement of patents or other intellectual and/or industrial property rights of third parties.
The data controller shall not be liable for errors caused by the application, or by its use, even if it causes an interruption in service or in cases of delay or malfunction, nor shall it be liable for the effects or consequences directly or indirectly related to the use of the application or the impossibility of use or operation, to actions resulting from incorrect use of the application or to claims of third parties.
If the data controller were to have any liability arising from this text, the Parties agree that this shall be limited to the amount paid by the User.

Neither party shall be liable, under any circumstances and for any reason whatsoever, to the other party for indirect damages and lost profits.

9.    REPRESENTATIONS AND WARRANTIES

The User represents and warrants to the Provider, on their behalf or on behalf of the underage User, that:
-    In accordance with the statutory and legal regime in force, they have full rights and powers to fulfil and perform each of the commitments, actions and obligations undertaken under these Terms and Conditions.
-    In the event that they act as the parent or legal guardian of the underage User, in accordance with the statutory and legal regime in force, they have full rights and powers to fulfil and perform each of the commitments, actions and obligations undertaken under these Terms and Conditions.
-    They shall indemnify the Provider against all claims, costs, damages and losses of any nature whatsoever arising from the breach, falsification or inaccuracy of any of the obligations or representations and warranties set out in these Terms and Conditions.
-    By accepting the Terms and Conditions, they represent and warrant that they have full rights to all their data, including the right to upload it to the application.
-    They are obliged to indemnify the Provider for any claim that is due to or is a consequence of any breach by them, falsification or inaccuracy of any of the obligations or representations and warranties set out in these Terms and Conditions, as well as any claim by users or third parties as a direct or indirect consequence of the provision of services by Kids&Us.

10.    ENTRY INTO FORCE AND VALIDITY

These Terms and Conditions will come into force when the user receives them or when they are published on My Way. The Provider may update them from time to time and will inform the User of the changes before they come into force. The User is advised to review this document periodically in order to be aware of any changes. 
11.    DATA PROTECTION

All personal data provided during the use of My Way will be processed in accordance with the Provider's privacy policy which can be accessed via the following link: https://www.kidsandus.it/it/footer/informativa-sulla-privacy/.

12.    APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed by Italian law.
Any dispute shall be submitted to the Courts and Tribunals of the Customer's domicile, expressly waiving any other concurrent jurisdiction.