"BUYPUGLIA365" PLATFORM - TERMS AND CONDITIONS OF USE

Welcome to the "BuyPuglia365" service.
BuyPuglia365 is a digital tourism business platform designed by Pugliapromozione, the Regional Tourism Board, to encourage negotiations and commercial agreements aimed at international buyers and Puglian companies. Sellers can access it from the DMS platform www.dms.puglia.it and Buyers by registering at www.dms.puglia.it/buypuglia.
Operators registered at this network ("Buyer" and "Seller") may enter information on their company profile and marketed services. Through an advanced matching technology, the system generates a compatibility score highlighting the affinities across all offered/requested products and/or services.
The system helps generate online meeting opportunities 365 days/year (based on your degree of interest and the information that operators enter when registering and using the platform).
The BuyPuglia365 platform will show all information related to the events to which the Buyers and Sellers can register and participate.
Regarding the events organized by Pugliapromozione, the platform also allows to express operators' will to participate at the event and autonomously create an agenda of meetings, based on the degree of affinity with compatible operators. The platform also allows to view the highest degree of operators' range of business and combine appointments. Buyers and Sellers can modify or confirm their B2B meeting agenda generated by the platform and manage unplanned appointments. Access to and use of the BuyPuglia365 platform are activities ruled by these Terms of Use, in place for both Buyers and Sellers. Access to and use of the platform, as well as the use of the Digital Services, entail the operator's reading, knowledge and acceptance of the Conditions of Use of the digital platform.
In particular, the www.dms.puglia.it/buypuglia is technological platform designed, managed and owned by ARET Pugliapromozione, registered address in Piazza Moro, 33/A - Bari - Italy, Tax Code/VAT no. 93402500727, which allows to:


- Create the Seller profile;
- Create the Buyer profile;
- Disclose all information documents to all registered operators;
- Online networking for Buyer and Seller;
- Participation at Aret Pugliapromozione organized events with the creation of a meeting agenda.


REGISTRATION AND ACCESS

Registration is allowed only to subjects operating in the tourism sector.


Registration is free, subject to acceptance of these General Terms and Conditions of Use and its Privacy Policy, as well as any provided consents and disclaimers.


Operator must fill out a form including requested personal and contact data (as well as any contact and appointed persons). Personal data belonging to the "particular categories of data" will not be requested and therefore do not need to be agreed upon.


Registration credentials ("User" and "Password") must be exclusively used by the operator and cannot be transferred to third parties. Each operator is allowed to register on the platform only once. The same operator may not enter multiple registrations. In case the same operator has made multiple registrations, we have the right to immediately block the relevant account without further notice.


Operators may change the password at any time and is required to change it in case the Agency requires so for security reasons. In no case may the Agency be held accountable for the loss of Users' IDs and/or passwords. If you lose your password, you can ask for a password recovery from by following the necessary instructions to safely change and/or recover your password. Operators are obliged to immediately replace the password in case they are aware of third parties who may have inappropriately had access to it, informing the Agency in a timely fashion, according to the relevant procedures buypuglia365@aret.regione.puglia.it.


Operator guarantee that provided personal information during the registration procedure is complete and truthful, and undertakes to hold the Digital Platform operator harmless and free from any claim of damage, compensation obligation and/or fines deriving from and/or in any a way linked to the operator's violation of BuyPuglia365 registering rules or the retention of registration credentials.


OPERATORS AS END USERS

Once successfully registered, operators have access to and use of all provided Digital Services.


Operator acknowledge and agree on consumer protection rules of Legislative Decree 206/2005 (Consumer Code), which do not apply to activities carried out through the platform as operators are considered "professionals" pursuant to sub. c), co. 1, art. 3 of the same decree.


Operators may register multiple companies, however each must have its own dedicated profile. Once registered on the platform, the individual operator must decide which company represents its main profile. One operator may operate with one company at a time.


BUYERS

Buyers may register and publish their research profile on www.dms.puglia.it/buypuglia in order to be contacted by Sellers. By accepting these Terms and Conditions of Use, they are aware that personal data may be disclosed to third parties (selected based on their declared interest) as an instrumental activity underlying the operation of the requested service itself.


Once successfully registered on the digital platform, Buyers therefore can:
- Enter the search profile of their company;
- Change their profile at any time;
- According to the entered profile, check the compatibility degree with all registered Sellers;
- Contact registered operators via chat/email
- Participate at events organized via manual/automatic generation of a meeting agenda;
- Be contacted via Chat/email by registered operators and by Pugliapromozione for interesting and matching initiatives.


Pursuant to the terms of use of these services, Buyers undertake to:
a) not to provide, or enter, any information and/or material that is false or misleading, defamatory, harmful, offensive, vulgar or obscene, and that entered info and materials comply with all laws and regulations applicable to commercial activities carried out on the Internet, and that such info does not infringe the rights of third parties, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, know-hows, patents and any other rights protected by law or by existing contractual binds;
b) not to use, allow or allow others to use, the digital platform for acts against morals, public order or for the purpose of harassing the peace of others, damaging, violating or attempting to violate in any case the secret of correspondence and, not to use the Site in any way to commit or favor the commission of illegal acts of any kind;
c) not to enter defamatory, unfair or deceptive information towards operators or third parties;
d) to use the platform and its services in accordance with the rules of law, the regulations of treaties, codes, including private and self-regulatory ones, whether or not they are published on it.
The digital platform manager has the right to evaluate and possibly modify or remove from the digital platform the contents entered by Buyers in case, at its sole discretion or at the request of the Judicial Authority, such contents may prove to be harmful to any right or prerequisite, including the intellectual or industrial property of the Platform's operator, of other Buyers, or of third parties deriving from the Law or from these Terms and Conditions of Use.
Buyers undertake to indemnify and hold harmless the digital platform operator from any loss, damage, liability, cost or expense, including legal fees, resulting from any violation of the provisions of this article.


SELLERS

Sellers can register at the DMS-Destination Management System on www.dms.puglia.it/buypuglia. It allows access to the digital platform to publish their offer profile and be contacted by Buyers interested in getting in touch with Puglian operators.


Therefore, once Sellers have successfully registered at the DMS and entered their profile, they have access to the Buypuglia365 service and may:


- Check the compatibility degree with all registered Buyers, based on the entered profile;
- Contact registered operators via chat/email;
- Participate at events organized through the manual/automatic creation of a meeting agenda;
- Be contacted via chat/email by registered operators and Pugliapromozione for interesting and matching initiatives.


Pursuant to the terms of use of these services, Sellers undertake to:


a) Not to provide, or enter, any information and/or material that is false or misleading, defamatory, harmful, offensive, vulgar or obscene, and that entered info and materials comply with all laws and regulations applicable to commercial activities carried out on the Internet, and that such info does not infringe the rights of third parties, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, know-hows, patents and any other rights protected by law or by existing contractual binds;
b) Not to use, allow or allow others to use, the digital platform for acts against morals, public order or for the purpose of harassing the peace of others, damaging, violating or attempting to violate in any case the secret of correspondence and, not to use the Site in any way to commit or favor the commission of illegal acts of any kind;
c) Not to enter defamatory, unfair or deceptive information towards operators or third parties;
d) To use the platform and its services in accordance with the rules of law, the regulations of treaties, codes, including private and self-regulatory ones, whether or not they are published on it.
The digital platform manager has the right to evaluate and possibly modify or remove from the digital platform the contents entered by Sellers in case, at its sole discretion or at the request of the Judicial Authority, such contents may prove to be harmful to any right or prerequisite, including the intellectual or industrial property of the Platform’s operator, of other Sellers, or of third parties deriving from the Law or from these Terms and Conditions of Use.
Sellers undertake to indemnify and hold harmless the digital platform operator from any loss, damage, liability, cost or expense, including legal fees, resulting from any violation of the provisions of this article.


INTELLECTUAL PROPERTY RIGHTS AND ECONOMIC USE

The "BuyPuglia365" digital platform contents, such as, for example, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on www.dms.puglia.it/Buypuglia, including menus, web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layouts, as well as the methods, processes, functions and software property of Pugliapromozione are protected by copyright and by any other intellectual property right of possible third party right holders. The reproduction, in whole or in part, in any form or shape or portion of these contents is prohibited, without the express written consent of Pugliapromozione.
Pugliapromozione has the exclusive right to authorize or prohibit direct or indirect, temporary or permanent reproduction, in any way, shape or form, in whole or in part, of the digital platform "BuyPuglia365" and its contents. With regard to the use of the Digital Platform, operators are only authorized to view the website and its contents. It is possible to perform all other temporary acts of reproduction which are considered transitory or accessory, as an integral and essential part of the same "BuyPuglia365" visualization and its contents, and all other browsing operations performed only for legitimate use of the digital platform and its contents.
Operators are not authorized to perform any reproduction, on any medium, in whole or in part of "BuyPuglia365" and its contents. Any act of reproduction must be, from time to time, authorized by the Pugliapromozione or, if necessary, by the final operators, and/or authors of the individual works contained in the platform.
These reproductions operations must in any case be carried out according to lawful purposes and in compliance with the copyright and other intellectual property rights of Pugliapromozione and of the authors of the individual works contained on the website.


Operators also undertake to comply with the copyright of end-user operators who have chosen to publish their products, services, and7or activities on the "BuyPuglia365" digital platform, or who collaborated with it on the creation of new forms of expression and artistic productions destined to be published, even if not exclusively on the website, or, again, which form an integral part of it. In any case, operators are not authorized to use, in any way and form, the digital platform contents and every single work protected by copyright and any other intellectual property right herein.


TRADEMARKS AND DOMAIN NAMES

Pugliapromozione is the exclusive owner of logos and registered trademarks published on the platform and of any other distinctive sign that includes the word "BuyPuglia365" or "Pugliapromozione", including the domain name of the digital platform.
All other distinctive signs relevant to Buyers and Sellers activities on "BuyPuglia365" and on the digital platform are registered trademarks of their respective owners and are used within the digital platform for the sole purpose of distinguishing, describing and advertising their activities or events.
The digital platform operator and all other registered trademark owners have the right to make exclusive use of their respective trademarks ownership.
The end user operator is not authorized, except with the consent of the digital platform operator and any other owner of registered trademarks published on the platform, to use these trademarks.
Present brands on the digital platform could also be famous and well-known brands to the general public and to each "BuyPuglia365" digital platform user.
Any use of these trademarks that is not compliant with the law and, as unauthorized, is prohibited under penalty of serious legal consequences. It is in no way allowed to use these trademarks and any other distinctive work/mark/sign to take unfair advantage of the distinctive character dissemination of these trademarks or in such a way as to prejudice them and their owners.


ACCEPTANCE OF TERMS OF USE AND PRIVACY POLICY

The platform manager publishes these Terms of Use, the Privacy Policy and Cookie Policy on the platform. The links to directly access these documents - and always available on the home page and on linked pages - are made available during the registration procedure on the platform and, therefore, are considered to have been read, understood and accepted by operators (Buyers and Sellers, as end user operators) at the end of the BuyPuglia365 registration procedure. This procedure cannot be completed without explicit acceptance of these documents.
Data processing of the end user operators is carried out by Pugliapromozione (as manager of the digital platform) and by the individual end user operator, each as an independent data controller.
End user operators are therefore informed that Buyers and Sellers act as independent Data Controllers of all personal data processed in the context of the activities and services used through the digital platform; therefore, for this activity Buyers and Sellers are solely and exclusively responsible for their data.


LIABILITIES

The end user operator is the sole guarantor of its own activity and of contents in the digital platform, as well as the sole responsible for the correctness towards other end user operators. In particular, Buyers and Sellers guarantee the availability and exclusive ownership of contents included in the digital platform. To this purpose, end-user operators guarantee that any content posted on the platform (as an example and not limited to: images, photos, videos, reproductions, descriptions, messages, texts, works, etc.) is true and does not infringe any copyright, industrial property or other third party rights. More in general, each end user operator takes all responsibility for any damage that may result to its IT system from the use of the digital platform.


LIMITED LIABILITIES

The Pugliapromozione Agency, in its capacity of digital platform manager, takes no responsibility for the correctness, lawfulness, respect for intellectual and/or industrial property rights, compliance with public order, ethics and/or moral principles of data and content entered by end user operators on the digital platform.
The digital platform manager is unrelated to the activities occurring among end user operators and in no case can be considered part of or responsible for said activities and for the subsequent exchange of information among Buyers and Sellers
The digital platform manager therefore does not guarantee the correctness or the positive outcome of the promotional activity or of negotiations, appointments or other business initiatives, nor does it offer any guarantee as to the satisfaction of the operators through the use of the platform. Therefore, without prejudice to the mandatory provisions of law, any request for payment and/or return and/or compensation for any reason by the same end users with regard to the digital platform operator.
The digital platform manager has also taken every useful precaution to ensure operators that their contents as entered on BuyPuglia365 platform are accurate and do not contain incorrect or outdated information, with respect to their publication date and, as far as possible, at a later point in time.
However, the platform manager operator does not assume any responsibility towards end user operators regarding the accuracy and completeness of the content published on its website, without prejudice to its liability for willful misconduct and gross negligence and except as otherwise provided by law.
It is hereby understood that in the case of contents publication on the digital platform, the digital platform operator offers no guarantee as to the correctness, truthfulness and lawfulness of contents.
In any case, without prejudice to the mandatory provisions of Law, end user operators acknowledge and accept that the digital platform operator cannot be held responsible for any damages that may arise to them or to third parties for the use or non-use of this digital platform. As an example, but not limited to the following cases, the digital platform manager is not liable for:


- Malfunction of servers or other electronic devices;
- Absence or malfunction of the power network or internet connection;
- Service interruptions (i.e. maintenance of the digital platform or portal);
- Malfunction or damage to the software and devices of end user operators, computer viruses, actions of hackers or third parties having illegal access to the network;
- Cancellation of contents;
- Incorrect use of the Digital Platform by an end user operator.


Therefore, except as required by law, the platform manager does not assume any obligation in addition to those provided for in these Terms and Conditions of Use and does not provide any guarantee regarding rendered or due services, also with regard to the outcome of the digital platform use or its compliance with a specific purpose.
The digital platform operator, moreover, in order to guarantee end user operators, has undertaken adequate technical and organizational measures to safeguard the security of "BuyPuglia365" services, as well as the integrity of data related to traffic and electronic communications with respect to the forms of unauthorized use or knowledge, so as to avoid risks of undue dissemination, destruction and loss of data, as well as confidential and non-confidential information related to operators, or of unauthorized access, or access that does not comply with the Law, the data and information regulations.


"BUYPUGLIA365" LINKS

Anyone interested in activating links to the home page and to other web pages of the "BuyPuglia365" digital platform which are accessible to the public, please contact us at the following email buypuglia365@aret.regione.puglia.it. The contact is necessary to request the "BuyPuglia365" site hyperlink. The activation of links is granted by the digital platform operator to the applicant, free of charge and not exclusive to one single operator. The digital platform manager has the right to not activate direct links to its portal in case the applicant has in the past undertaken unfair commercial practices or is not compliant with the sector specific regulations or has undertaken actions of unfair competition towards end-user operators, or in case the applicant has undertaken in the past - or it is foreseen that it may adopt them in the future - discrediting actions towards the Pugliapromozione Agency, its portal or its institutional services. In any case, it is hereby prohibited the activation of deep hypertext links (such as deep frames or deep links) to "BuyPuglia365" or the unauthorized use of meta-tags without the consent of the digital platform manager.


MODIFICATIONS

The digital platform manager may at any time modify or simply update, in whole or in part, these Terms and Conditions of Use. The changes and updates will be notified to operators by e-mail (or PEC-certified email for Italian operators) at the addresses declared and published on the digital platform home page as soon as they are entered; updates will be binding as soon as they are communicated and published on the digital platform in this section.
Operators are therefore asked to regularly access this section to check the publication of most recent and updated "BuyPuglia365" Terms and Conditions of Use. If an operator does not agree, in whole or in part, with the BuyPuglia365 Terms and Conditions of Use, it shall be required not to use the portal and therefore revoke registration.