Terms and Conditions

Terms and Conditions

Premium Chess
The following Terms and Conditions (henceforth only "Terms", "Conditions", "Agreement") rule the use of the Platform Premium Chess (henceforth even just "Platform"), its Applications, its website and in general the related services.
The User using the Platform declares to accept these Conditions along with the Privacy Policy and the General Rules of the Game, which are an integral part of them.
The Subject Owner of the Platform:
Giochi d’Intelletto S.r.L.
Via R. Audinot, 34
40134 Bologna (BO), Italy
P.IVA 02959531209
REA: BO - 480542
E-mail contact: info@premiumchess.net
Information about the platform
Premium Chess is a platform available on both PC and mobile devices dedicated to the management of all activities, gaming and not, that are chess releated.

1 Introduction

1.1 Definitions

Terms and Conditions (or Terms, or Conditions, or Contract, or Agreement)”: these general conditions of service, together with the Privacy Policy and the General Rules of the Game, which constitute a legally binding agreement between you, as User and the Owner of the Platform.
General Game Regulation”: the rules to be followed by players during activity on the Platform.
Account”, “Account Profilet” both plural and singular, indicate the profile of the User chosen in the registration phase.
User”, “You”, “Your” and similar terms: both singular and plural, refer to you, as User.
Minor”, “Minur User” “Junior User” and similar terms: refers to the User, a physical person, who has not yet reached the age limit provided by the legislation applicable to them in order to access to internet platforms
“Minor Account”, “Junior Account” indicates the profile of the User, chosen by the Tutor during registration, reserved exclusively for the Minor.
Tutor”, “Guardian”, “Parent” and similar terms: indicate the physical person (parent, guardian, subject having parental authority) responsible for the Minor who authorizes the registration and use of the Platform under their supervision.
Federation”: with the possible addition of the suffix relative to the nationality, it indicates a National Chess Federation recognized by FIDE, which regulates and controls the chess activity at national level.
FIDE”: in full “La Fédération Internationale des Échecs”, indicates the international organization that regulates and controls chess activity worldwide.
Club”: indicates a sports association or company affiliated to the Federation.
Owner”, “Us”, “Our” and similar terms: refer to the Owner who owns and manages Premium Chess.
School”: both singular and plural indicates the school, of any order or grade, for which the Services collected under the name of Junior Arena are available;
Junior Arena”: indicates the set of sessions of the Platform reserved for Junior Users.
Elaborates”: both singular and plural indicates compositions and tests (such as the solution of exercises and quizzes, the results of competitions and challenges, assessment tables) produced by Junior Users and Instructors during the programs and activities organized by the School.
Service”: both singular and plural, indicates the services offered by the Platform as described by these Terms.
“Reserved sections”, “Reserved area” or similar terms: indicate the areas of the Platform for which a User registration is required to access.

1.2 Changes to these Terms

The Data Owner reserves the right to make changes to the conditions of use at any time, giving notice within the Platform itself.
For this reason, the User is invited to consult, before using the Platform, the most updated version of the Terms and Conditions.
The applicable Terms and Conditions are those in force at the time of registration of the User.
The User who continues to use the Platform after the publication of the changes, accepts without reservation the new Terms.

1.3 Acceptance of Terms

In order to use the Platform, the User must carefully read and accept these Terms, the General Game Regulation and the Privacy Policy.
If you do not accept the Terms, you cannot use the Service provided by the Platform.

2 Service

The different Services offered by the Platform.

2.1 Services dedicated to Players

For the description of these Services the reference is the General Game Rules.

2.2 Services for membership and/or registration with Federations or Associations

The description of these Services, function of the Federation or Association chosen, is provided through specific informative texts displayed before the collection of Data.

2.3 Educational and teaching services dedicated to the School

Except to the following, the Services dedicated to teaching for the School are provided exclusively within sessions of the Platform, collected under the name of Junior Arena, which have these characteristics:
● The services dedicated to teaching for the School are provided by the Associations under the responsibility of the Association Referee who also has the task of appointing the School Referee ;
● Access by Junior Users to Services dedicated to school education must be authorized by the School (in the figure of the School Referee);
● In addition to the Junior Users, the Instructor User, the Referee User and the School Referee have access to the Junior Arena;
● A Junior User can access the Junior Arena with both Guest Membership and Premium Membership;
● All social and/or communication functions of the Platform that are not aimed at the activities of teachers and instructors are disabled within the Junior Arena;
● Within the Junior Arena there is no possibility to access the eCommerce functions of the Platform;
● Within the Junior Arena the Junior User does not have access to the contents and/or services offered by third parties;
● The School is the owner of the processing of the Processed;
● The Platform does not perform any profiling or geo-location of Junior Arena Users.

3 Account, Registration and Cancellation

3.1 Availability and Choice of Account

The Platform offers to the User different varieties of Accounts to each of which specific Services are associated. Before starting the registration process, the User must choose from the Accounts available the one of their interest and, in the case of the Junior and Senior User, also the type of subscription.
For the Senior and Junior Users there are two types of subscription, Guest and Premium, to which are associated different Services whose description is provided through specific informative texts displayed at the time of subscription.
Depending on the type of Account chosen by the User, the Platform may request specific data (by way of example and not exhaustive: data necessary for the issuance of federal cards by Federations or registration with Associations; Recognized national and international ranking placements or make further checks to complete and accept registration). The User must provide, in a truthful and complete way, all the requested data about their person and accept the Privacy Policy together with these Terms. The User is responsible for keeping their access credentials confidential. The registration credentials must be used exclusively by the User and cannot be transferred to third parties. It is understood that in no case the Data Controller can be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, in any way, of the Users' access credentials.
In case of changes, the User will be promptly informed through communications on.

3.2 Senior User Registration

The User declares that he has reached the age limit for access to internet platforms provided by the legislation applicable to them. This limit is highlighted in the registration procedure when the User enters their nationality.

3.3 Junior User Registration

Minors can access the Platform only through a registration completed by their Tutor who must provide, in a truthful and complete manner, all the data requested about them and the Minor and accept the Privacy Policy together with these Terms.
The Tutor must supervise the correct use by the Minor of Platform.

3.4 Termination and cancellation of the Account and Processing

The User can stop using the Service at any time or can deactivate their Account and request its cancellation by contacting the Owner at: info@premiumchess.net.
The Referee User of the School may request the partial or total cancellation of the Elaborated Documents of their School by contacting the Owner at the same address.
The Data Owner, in case of violation of these Terms, reserves the right to suspend and/or close the User’s account at any time and without notice if it considers that:
● the User has violated these Terms or the General Gaming Rules; and/or
● the access to or the use of the Service may cause damage to the Owner, other Users or third parties; and/or
● the use of the Platform may result in a violation of applicable law or regulations; and/or
● in the case of investigations carried out as a result of legal proceedings or for the involvement of public authorities; and/or
● the nickname is considered by the Data Owner, at its sole discretion and for any reason, inappropriate or offensive or in violation of the Terms of Use or not in line with the standards of the Platform.

4 Interaction between Users

The Platform provides Premium Users with two communication tools, the Chat and the Inbox.
There is a general Chat for all Platform and specific Chat reserved to each group within the Platform.
Inbox allows a one-to-one communication and the User always has the possibility to block communications with unwanted users. Inbox keeps the message history.
Minors can only communicate with Minors or with School Referee, Association Referee, Instructors and Referees. The Tutor can decide, using a specific code (issued at the time of registration), when to activate access to the Chat to the Minor.
The Chat of alerts by the system, that is those service messages produced by the system in relation to the operation of the Platform, always remains active.
The Owner also makes every reasonable effort to promote a respectful user experience but in any case is not responsible for the behavior of the Users.

5 Content of the Platform

5.1 Contents owned by the Owner

The contents available on the Platform and owned by the Data Controller are protected by copyright law and other international laws and treaties protecting intellectual property rights and, unless otherwise specified, the use of them is permitted only to the extent specified in this clause.
Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (except within the limits set out below), modifying, post, transmit, sell, sub-license, process, transfer/assign to third parties or create derivative works in any way from the content, including third parties, available on the Platform, nor allow third parties to do so through the User or their device, even without their knowledge.

5.2 Content and services provided by third parties

The Owner does not make any prior moderation on the contents or links shown on the Platform and provided by third parties (by way of example and not exhaustive: User Organizer, User Association Referee, User Instructor, User Streamer). The Data Owner is not responsible for such contents and their accessibility.
The User may decide to use services included in the Platform but provided by third parties: in this case the User must first read the terms and conditions of these third parties and accept them.
Under no circumstances may the Data Owner be held responsible for the provision of services and/or contents, as well as for the conclusion of any contract between the User and third parties other than the Data Owner itself.
For any doubt, please write an email to info@premiumchess.net.

5.3 User Provided Content

The User is responsible for their own and third party content that they share on the Platform, by uploading, inserting content or by any other means.
The User indemnifies the Data Owner from any liability in relation to the illegal dissemination of third party content or the use of the Platform for purposes other than those provided for by the General Game Regulation and in a manner contrary to the law.
In particular, the Data Owner may request the removal or directly remove specific contents in the event that:
§ such action is requested by a public authority;
§ complaints from other Users;
§ the User has violated the rules of the General Game Regulation;
§ receive a report of violation of intellectual property rights;
§ considers to do so in anticipation of, or as a result of, legal proceedings;
§ believes that this content, remaining accessible through the Platform, could put at risk Users, third parties, the availability of the Service and/ or the Owner
If you view content that violates this Agreement, please report it to info@premiumchess.net.

5.4 Rights to content provided by the User

The only rights granted to the Owner in relation to the content provided by the User are those necessary for the provision of the Service.

6 Functioning of the platform

6.1 General Game Regulation

The General Game Regulation is available at link.
The User acknowledges and accepts that the General Game Regulation is valid for all tournaments, championships, individual matches and more generally for events hosted on the Platform.
The User is required to regularly consult the General Game Regulation for any changes to it. Changes will be communicated promptly within the Platform.

6.2 Prohibited use and behaviour

Your use of the Service and your behaviour shall comply with the Terms.
The Data Owner, in case of violation of these Terms, reserves the right to suspend and/or close the User’s account at any time, without prior notice and without the possibility of redress or contestation by the User if they believes that they has been responsible for one or more of the following actions:
● register or use the Service in order to approach Users to promote, sell or advertise products or services of any kind without the prior consent of the Data Owner;
● reverse engineer, decompile, disassemble, modify or create derivative works based on the Platform or any portion thereof;
● copy, store, modify, change, prepare derivative works or alter in any way any content provided by the Platform;
● use any robot, spider, search and/or site retrieval platform, or any other device, process or automatic means to access, retrieve, scrap or index any portion of the Platform or its contents;
● to rent, fire or sub license the Platform;
● defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
● defame, discredit, denigrate, offend or slander by any means and in any place the work of the Platform Holder, the Federation and the Association;
● to disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
● use the Platform in any other improper manner that violates the Terms.

6.3 Resale of the Service

The User is not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform and its Services without the Owner’s prior written permission.
The User who wants to create streaming of the game or tournament sections, must send an email to the address of the Owner to request his prior permission.

7 Purchases of goods and services

On the Platform you can purchase goods, content and services. This option is disabled within the Junior Arena. Some of these can be purchased directly from Premium Chess, others are sold directly by third parties, such as Instructors or Organisers on the Platform.
If the User purchases directly from Premium Chess, all the rights provided for the purchase will be guaranteed to them.
If the User purchases from third parties, he must carefully read the information provided by those third parties for the purchase of their goods, content and services. In this case, Premium Chess does not provide for any kind of control over to the method of sale and purchase of products from third parties, but undertakes, after the report of Users, to intervene in case of problems or complaints between Users.
To purchase tickets to participate in tournaments or to purchase training sessions, the User must refer to the information provided by the Organizing User or the Instructor User. If the User has problems in purchasing or using the goods, contents and services offered for sale by third parties, they must contact directly the User from whom they purchased.
The User agrees to hold Premium Chess harmless from any dispute relating to the purchase of goods, content and services from third parties.

7.1 Methods of payment

The Platform uses PayPal and Stripe as a secure payment gateway. Users are invited to read the terms of use of PayPal and Stripe.
The Data Owner never makes contact with or becomes aware of the user’s tax data (such as those relating to the credit card), but only receives a report from the payment gateway on payments made.

7.2 Subscriptions and memberships

The subscription of an Account and a membership can be free or paying.
Free subscriptions do not expire while paid subscriptions have a monthly or annual duration (12 months) from the date of registration.
The Owner reserves the right to change the cost of Accounts and subscriptions without this affecting those already active.
The User will be promptly informed about the changes by means of communications.

7.3 Shipment and delivery of goods purchased on the Platform

Deliveries are made during normal working hours to the address indicated by the User and in the manner specified in the order summary. Unless otherwise specified, the products are delivered within the time calculated from the acceptance of the order. Upon delivery, the User must verify the content specifying any anomalies in the delivery form.
In the event of failure to collect within the deadline set by the carrier, the products will be returned to the Holder, who will refund the price of the products, but not the shipping cost.
The Data Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, nor for delays in shipment or damage to the products after delivery to the carrier, if the latter has been chosen and instructed by the User.

7.4 Customer support

All customer service requests should be made to the address specified in the Contact section of this document.
Any requests received during public holidays will be processed on the first working day.
To respond to requests, the Data Owner reserves a maximum of 3 working days.

7.5 Right of withdrawal from purchases on the Platform

The Right of Withdrawal is guaranteed by the Data Owner only on the products and Services made available by the same.
Purchases of products from third parties are not covered by this clause. Under no circumstances may the User request the withdrawal of purchases made by third parties from Premium Chess.
In case of purchase of products or Services from the Platform, the User, who can be qualified as a consumer, has the right to withdraw from the contract without stating the reasons, within 14 days.
The withdrawal period expires after 14 days from the day on which the User acquires physical possession of the goods.
To exercise the right of withdrawal, the User must inform the Owner of the decision to withdraw with an explicit declaration sent to info@premiumchess.net.

7.6 Effects of withdrawal

If the User withdraws from this contract, he will be refunded all payments made to the Data Owner, including delivery costs (with the exception of the additional costs arising from the possible choice of a type of delivery other than the less expensive type of standard delivery offered) without undue delay and in any case no later than 14 days from the day on which the Data Controller is informed of the User’s decision to terminate this contract.
These refunds will be made using the same means of payment used by the User for the initial transaction; in any case, the User shall not incur any costs as a result of such refund. The refund may be suspended until the goods are received or until the User demonstrates that they have returned the goods, whichever is earlier.
The deadline is met if the User returns the goods before the expiry of the 14-day period.
The return shipping costs are borne by the User. The User is responsible only for the decrease in the value of the goods resulting from a manipulation of the good other than that necessary to determine its nature, characteristics and functioning.

7.7 Limitations to the Right of Withdrawal

The right of withdrawal does not apply for:
● Service contracts after the complete provision of the Service (for example, the provision of the subscription service to the Platform) if the execution began with the express agreement of the User and with the acceptance of the loss of the right of withdrawal following the full performance of the contract by the Data Owner;
● the supply of digital content by means of a non-material medium if the execution began with the express agreement of the User and with his acceptance that in that case he would lose the right of withdrawal.
● goods made to measure or clearly customized or which, by their nature, are likely to deteriorate rapidly, are sealed and cannot be returned for hygienic reasons or are related to health protection and have been opened after delivery.

7.8 Applicability of the withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the consequences and exceptions, apply exclusively to the User who is qualified as a consumer, that is, to the User who acts for purposes unrelated to his business activity, commercial and professional.

8 Limitations of liability

8.1 Indemnity

The User undertakes to keep the Owner (as well as any companies from the same subsidiaries or affiliates, its representatives, directors, agents, licensors, partners and employees), free from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise in the event of damage caused to other Users or third parties, in relation to the content uploaded online, the violation of the law or the terms of these Terms of Service.

8.2 Limitations of liability

All the functionalities accessible through the Platform are made available to the User, to the terms and conditions as amended from time to time, without any guarantee, explicit or implicit, that is not mandatory by law.
The Data Owner assumes no responsibility for any personal injury caused by the use or misuse by the User of any information presented or contained on the Platform.
In particular, no guarantee of the suitability of the Services offered for the particular purposes that the User seeks is provided.
The use of the Platform and its features is at User's own risk and responsibility.
In particular, the Data Controller, within the limits of the applicable law, liable for damages of a contractual and non-contractual nature against Users and third parties solely by way of intent or gross negligence when these constitute immediate and direct consequence of the provision of the Services.
Therefore, the Data Owner will not be responsible for:
● any losses that are not a direct consequence of the violation of the terms of use by the Owner;
● any loss of status or sports rankings and any other loss, even indirect, possibly suffered by the User (such as, by way of non-exhaustive examples, trade losses, loss of revenue, revenue, profit or expected savings, loss of contracts or business relations, loss of reputation or goodwill etc.);
● damages or losses resulting from interruptions or malfunctions of the Platform due to force majeure events or, in any case, unforeseen and unforeseeable events and, in any case, independent of the will and outside the Data Owner’s sphere of control such as, by way of example, but not limited to, failures or interruptions to telephone or electricity lines, the Internet network and/or other means of transmission, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the delivery of third party products, services or applications;
● Incorrect or unsuitable use of the Platform by the User or third parties.

8.3 Legal warranty of the product

The User acting as a consumer is entitled to the legal guarantee of conformity of the product. In order to exercise it, the User must indicate the non-conformity of the purchased product within 24 months after the conclusion of the contract.
Since the discovery of the defect, the User has a maximum time of 2 (two) months to enforce the guarantee, unless the Data Owner themself has recognized the lack of conformity.
The lack of conformity occurs when the product does not comply with the provisions of the Contract. This defect must not be incompatible with the nature of the goods or the nature of the lack of conformity.
The Consumer Code contains certain presumptions of conformity, so that there is no lack of conformity:
● if the product is suitable for the use for which it normally serves the same type of product;
● if the product conforms to the description made by the seller and possesses the qualities of the product which the seller has presented to the consumer as a sample or model;
● if the product has the usual quality and performance of a product of the same type, which the consumer can expect, taking into account the nature of the product and, where appropriate, the public declarations on the specific characteristics of the products, in particular in advertising.
The User must send notice in relation to the defect found at the address specified in the Contacts section of this document.
If the Data Owner verifies that the conditions are met, the User may request a new supply of the product or a refund of the amount paid for the product purchased.

9 Common provisions

9.1 Service interruption

In order to guarantee the User the best possible use of the Service, the Owner reserves the right to interrupt the Service due to the need for maintenance or updating of the system, informing Users through updates.

9.2 Privacy policy

For information on the use of personal data, the User must do reference to the Privacy Policy. For any communication or information regarding the processing of data carried out by the Platform, you can contact the Data Owner at the address provided above.

9.3 Intellectual property rights

All trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, videos, logos appearing concerning Premium Chess are and remain the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and related international treaties.
All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, videos, logos concerning third parties and content published by such third parties on the Platform are and remain the exclusive property or availability of such third parties and their licensors and are protected by the laws in force on trademarks and related international treaties.
The Data Owner does not possess the ownership of such intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

9.4 Communication

All communications relating to the Platform must be sent using the contact information set out in these Terms.

9.5 Ineffectiveness and partial nullity

If a single provision or different provisions of these Terms are/no or become/no void/and or unenforceable/i, this shall not affect the validity and enforceability of the other provisions. In this case, the Parties shall replace the invalid, void or ineffective provision with a valid and enforceable provision. The same applies by analogy if these Terms have any legal gaps.

10 Dispute resolution

10.1 Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this document are subject to the law, the jurisdiction of the Italian State and the exclusive jurisdiction of the court of Bologna (Italy).
The exclusive jurisdiction of the Consumer is an exception, if the law so provides and the User can be qualified as such.

10.2 Online dispute resolution for consumers

The European User must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool.
This tool can be used by the User to resolve non-judicial any dispute relating to and/or arising from contracts for the sale of goods and services stipulated in the network.
Consequently, a European User can use this platform for the resolution of any dispute arising from the online contract concluded with the Data Controller. The platform is available at the following link.
The Data Owner is available to answer any questions sent by email to the address published in this document.