Terms and Conditions

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“Sidekick Tribe” Website www.sidekicktribe.com operates as a Tour Operator and organizes the Trainings made available to users on the Website with domain  www.sidekicktribe.com (hereinafter, the “Website”) and any subdomains of which Sidekick Tribe has exclusive ownership. These Terms of Use (hereinafter, T&Cs or Terms of Use), govern the access to and use of the Website through which users, as defined below, can view and book Courses concerning, in particular, the performance of sporting activities (including extreme) with particular regard to Kitesurfing and Wing foiling Training Courses.

By using the Service, as defined below, the User accepts these Sidekick Tribe’s Terms of Use. The Service rendered by Sidekick Tribe and the use of the Website and Platform, as defined below, are subject to the application of these Terms of Use and any other rules or policies posted by Sidekick Tribe on the Website. In the event of disagreement with respect to any terms or conditions or subsequent modifications thereof, or in the event of dissatisfaction with the Services offered by Sidekick Tribe, the User has the option, respectively, not to accept these Terms of Use and to discontinue use of the Services offered by Sidekick Tribe or to immediately discontinue use of the Sidekick Tribe Platform.

1. Definitions

Contents: (i) files containing text, images, audio and/or video recordings, data and/or information organised in a database and in any case all files, documents and/or information in any format made available by the Users and that Sidekick Tribe makes available through the Platform, or the Services, including any Content licensed by a third party; (ii) files containing text, images, audio and/or video recordings, data and/or information organised in a database and in any case all files, documents and/or information in any format are transmitted, copied, sent, made available to the Users of the Platform also by the Users themselves. In particular, this definition includes all images, videos and digital material of any kind that represents the User during the Service and the performance of the activities planned therein.

Terms of Use or T&Cs: what is provided for and stipulated in this document.

Personal data: all personal information related to each User, including the name of the person, address and telephone number, possibly collected through the Platform.

Price: amount paid by the User to the Tour Operator through the Platform for booking and purchase of the Service.

Website: the domain sidekicktribe.com, including any subdomains and any URLs linked to them.

Platform: area of the Website that allows Users to book the chosen Services, upon access with the Authentication Credentials, as defined below.

User: all natural or legal persons accessing the Platform.

Training Session: a scheduled period during which the Instructor provides training to the User for sport activities, including extreme ones and with special emphasis on Kitesurfing and Wing foiling (hereinafter, “Session”).

Training Course: tourist packages concerning, in particular, one or more Training Sessions  made available for the User through the Sidekick Tribe Platform (hereinafter, “Training”).

Instructor: any professional entity that executes the Training in the name and on behalf of Sidekick Tribe, with the right to transmit data about the User to another professional in accordance with the needs of organizing and managing the Training;

Starting Date: the date on which the agreement between the parties becomes effective. This is the date selected by the user when purchasing the service and accepted by the instructor.

Ending Date: the final date on which the Instructor agrees to provide the training. This is the date selected by the user when purchasing the service and accepted by the Instructor.

Training Period: the number of days following the Starting Date and prior to the Ending Date during which the user provides their availability for training.

Service: the activity carried out by Sidekick Tribe through the Website and Platform so that the User can view and book Trainings.

1.2 Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.**Ending Date:**

 

The ending date is defined as the final date on which the Instructor agrees to provide the training.

 

2. Platform description

2.1 Sidekick Tribe through its activity promotes outdoor sports tourism. The Service is carried out through the Website and the Platform through which Users have the opportunity to learn about the Training Courses made available by Sidekick Tribe, both in Spain. Through the Platform, Users have the possibility to book one or more Trainings organized by Sidekick Tribe and, sometimes, with the help of the different Instructors and to know the total Price charged for the single Training. It is understood that Sidekick Tribe has no control over the conduct of Users in using the Website and the Platform and consequently any liability of Sidekick Tribe is excluded.

3. Privacy

3 Privacy

The User acknowledges that he or she has read Sidekick Tribe’s Privacy Policy, available XXXXXXX-PRIVACY POLICIES WEB-XXXXXXXX, as amended from time to time; this Policy governs Sidekick Tribe’s acquisition and use of the User’s Personal Data.

4. User Account

To take advantage of the Training Booking Service, each User must first register with the Platform by creating a User Account and providing relevant personal data. Users are required to self-certify that they are over 18 (eighteen) years old at the time of their registration with the Platform.

In particular, the User, at the time of creating the User Account, is required to provide the information requested in the registration form, which may include, but is not limited to, the following:

1. Name and surname;
2. email address;
3. mobile phone number

When filling out the registration form, the User must indicate an e-mail address (whose uniqueness will be automatically verified by the system) and choose a password. The ‘e-mail provided together with the password, will constitute the User’s Authentication Credentials.

The Authentication Credentials of each User are personal, confidential and non-transferable.

It will be the User’s responsibility to ensure that the information and any documentation provided when registering for the Platform and creating the Account is, from time to time, up to date, not expired and in any case suitable for the purposes of identifying the User.

The User agrees not to provide any incorrect or false information. In any event, Sidekick Tribe shall in no event be held liable for the incorrectness or falsity of the information communicated by Users.

Each User agrees to use only and exclusively his/her initially created Account, regardless of whether it was registered under his/her own identity or under that of a third party. Under no circumstances may the User use the Account of a third party. Any exception to this rule must be explicitly requested by the User to Sidekick Tribe. The User may then proceed only against explicit and specific authorization from Sidekick Tribe. In the absence of such explicit authorization, the creation or use of new accounts under one’s own identity or that of a third party may result in the immediate indefinite Suspension of the User’s accounts.

4.1 Account Cancellation/Suspension and Ban

The User is required to comply with these T&Cs, any warnings reported on the pages of the Website and any other obligation deriving from current legislation, as well as maintaining careful and responsible conduct at all times in particular with regard to the practice of dangerous sports. In the event of violation by the User of one or more of these provisions, Sidekick Tribe reserves the right, at its discretion, to proceed with the Cancellation, Suspension and / or Ban (as defined below) of the Account of the aforementioned User. It is understood that the violations can also be learned through one or more reports sent by other Users.

Account Cancellation: The individual User’s Account is completely removed from the Platform and any data concerning the User is deleted. Therefore, following cancellation, Sidekick Tribe will no longer be in possession of any data communicated by the User during the registration and account creation phase.

Account Suspension: the User maintains his own personal Account as well as being able to access the Platform. However, the User will be prevented from using the Services offered on the Platform.

Account Ban: the User Account will be completely blocked in all its functions without, however, being removed and / or cancelled. In this way, Sidekick Tribe will be able to prevent the User subjected to Ban from creating a new User Account by reusing their credentials and proceeding to use the Services again. It is understood that Sidekick Tribe will use the data and personal information of the User subjected to the Ban only and exclusively to the extent strictly necessary to make the Ban effective and to monitor (and prevent) any attempts to reopen User Accounts by the subject to Ban.

In any case, the User retains the right to proceed independently and at any time to cancel their Account if they do not wish to continue using the Services and the Platform.

5. Booking

Following the creation of the User Account, the User will be able to proceed to use the Service and to book and purchase one or more Trainings on the Platform where all the information about the Trainings will be available. Once the Trainings in which the User wishes to participate has been identified, the User will proceed to submit his/her request to book and purchase the Trainings through the Platform.

The User, when purchasing the Training, is required to provide the information indicated in the booking form which may include, but is not limited to, the following

1 First and last name

2 Telephone number

3 Email

4 Passport ID (only in the case of the Insurance Service)

5. Date of Birth (only in the case of the Insurance Service)

It is the User’s responsibility to ensure that the information and documentation provided at the time of booking the Training is, from time to time, up to date, not out of date and in any case suitable for the purposes of booking the Training. If the User is prevented from participating in the Training due to the lack, even in part, and/or unsuitability of such documentation, Sidekick Tribe shall not be liable in any way and shall not be obliged to refund the Price or provide compensation.

Sidekick Tribe communicates the reservation of the Training by sending an email to the email address provided during the Reservation process containing all information about the booked Training. Thereafter, the Training will be confirmed by Sidekick Tribe to the User by sending a further email or WhatAapp message and the User can check whether or not the Training has been confirmed at any time by requesting the status to the email address connect@sidekicktribe.com or WhatsApp message to the Support telephone number. It is understood that until such time as the Training is confirmed, Sidekick Tribe will not be held liable for any costs outside the Platform incurred by the User.

Prior to the conclusion of the booking and purchase of the Training, the User is obliged to confirm that he or she has read these T&Cs and the Platform’s Privacy Policy, which he or she explicitly declares to approve.

It is understood that the User has the possibility to book more than one Training at a time through the Platform. However, given the nature of the Training, it is recommended to make a single Reservation at time and, only in case the Training is declined by the Instructor or completed, book the second. It is understood that the single Training may constitute a “package” insofar as various services could be included in the realisation of the entire single Training (i.e. transport, photos, renting of equipment).

Before the User completes the booking process, the User will receive all necessary information regarding the Training, in case information will not be clear it is duty of the User to request further.

The reservation of the Training is concluded with the payment of the full amount of the Training Price by means of the alternative methods of bank transfer, debit card or credit card. 

After completing the booking of the Training, The User must ensure that the Training is confirmed by Sidekick Tribe upon receipt of an email from Sidekick Tribe before arranging transportation (which shall be the User’s sole responsibility). 

Please note that Sidekick Tribe may or may not confirm the Training within 2 (two) weeks from the date of departure.  

6. Withdrawal

The User who purchases a product or service at a distance and away from the business premises of the trader, has the right to withdraw within 1 (one) day from the Starting Date of the Contract, receiving a full refund. 

It is understood that the User may withdraw at any time prior to the commencement of the Training, upon reimbursement to Sidekick Tribe of the cancellation fees incurred (hereinafter “Cancellation Penalties”), the amount of which the latter shall provide justification for to the student who so requests

The Cancellation Penalties incurred by Sidekick Tribe and payable by the User in the event of withdrawal are commensurate with the notice provided by the User with respect to the Training Start Date and, in particular, determined at a flat rate as follows:

in the event of cancellation by the User in a term prior to 7 (seven) days from the Training Period Starting Date: the User is entitled to a full refund from Sidekick Tribe. The refund of the Price will be implemented by Sidekick Tribe via direct bank transfer to the User.

in the event of cancellation by the User in a term of less than 7 (seven) days prior to the Training Start Date: the User is entitled to a full refund from Sidekick Tribe. The refund of the Price will be implemented by Sidekick Tribe issuing to the User a Voucher of the amount paid by the User, valid for 2 (two) years for the purchase of other Trainings.

in the event of cancellation by the User after the first executed Session, and more than 1 (one) day prior to the second Session, the User shall receive compensation in the form of direct bank transfer. This compensation will be calculated by taking the total amount paid for the training, dividing it by the total number of Sessions originally scheduled, and multiplying this amount by the number of Sessions the User has not attended. This rule applies to any subsequent cancellations occurring after the first Session, ensuring the User is refunded proportionately for all unutilized Sessions.

in the event of cancellation by the User in a term of less than 1 (one) day prior to the date of the Session: the User shall not be entitled to any type of refund from Sidekick Tribe. 

Notwithstanding the foregoing, the User shall in any event have the right to withdraw from the Training or the Session, prior to its commencement, without paying the aforesaid Cancellation Fees and being entitled to a full refund of the Price if unavoidable and extraordinary circumstances occur at or in the immediate vicinity of the place of destination and which result in a substantial impact on the performance of the Training or on the User’s transportation to the destination. It is understood that, upon the occurrence of such circumstances, the User shall be entitled to a refund of the Price only, without being entitled to claim any further sum by way of compensation in the form of direct bank transfer. This compensation will be calculated by taking the total amount paid for the training, dividing it by the total number of Sessions originally scheduled, and multiplying this amount by the number of Sessions the User has not attended.

The refund of the Price will be implemented by Sidekick Tribe issuing to the User a Voucher of the amount paid by the User, valid for 2 (two) years for the purchase of other Trainings.

The right to withdraw from the Training is also allowed to Sidekick Tribe, subject to the full reimbursement of the Training to the User through a refund equal to the amount paid by the User for the Training in the form of direct bank transfer without, however, being obligated to pay any further amount as compensation.

In exceptional circumstances such as cases of the Instructor’s illness, bad weather, or unconfirmed Instructor availability within the period of 2 (two) weeks before the scheduled departure, Sidekick Tribe will propose to the User one of the following alternatives:

Instructor’s replacement with another Instructor with equivalent certification;

alternative activity: replacement of the agreed Training with another of similar or equivalent level of Training,

tour postponement of the Training: the Training is postponed to a later date in agreement with the participants and the guide;

cancellation: Sidekick Tribe will reimburse the Training to the User through a bank transfer of the Price only, without being entitled to claim any further sum by way of compensation in the form of direct bank transfer. This compensation will be calculated by taking the total amount paid for the training, dividing it by the total number of Sessions originally scheduled, and multiplying this amount by the number of Sessions the User has not attended.

In the event of replacement of the guide, alternative tour and tour postponement of the Training, the User has the right to request a refund of the Training Price by notifying Sidekick Tribe via email at connect@sidekicktribe.com; in such circumstance, the refund will be made in the form of direct bank transfer. This compensation will be calculated by taking the total amount paid for the training, dividing it by the total number of Sessions originally scheduled, and multiplying this amount by the number of Sessions the User has not attended.

6.1 Assignment of Training to another User

In the event that a User who has purchased a Training is prevented from taking part in it for serious and exceptional reasons (hereafter, Assigning User), the latter shall be entitled to assign its Training to one other User (hereafter, Assignee User). The Assigning User must promptly notify Sidekick Tribe of its intention via the Platform within the terms set out in paragraph 6.1 above. Following such notice, Sidekick Tribe shall inform the Transferring User of all costs and expenses related to the transfer of the Training, in respect of which both the Transferring User and the Transferee User shall be jointly and severally liable.

Other than as provided in this article, it is understood that the User is prohibited from assigning, reselling and/or profiting in any other way from the Training.

7. The Service

Sidekick Tribe operates as a tour operator and, through its Platform, allows the User to view and book Trainings. It is understood that Sidekick Tribe cares about the health and safety of its Users. Therefore, each Training made available on the Platform is organised in compliance with the applicable legal safety regulations, which the instructors and experts working for Sidekick Tribe are obliged to respect.

It is explicitly stated which Instructors are covered by an appropriate insurance policy. It is explicitly stated which Instructors are covered by an appropriate insurance policy. Sidekick Tribe is not responsible for the accuracy or completeness of this information uploaded by the Instructor. Users may also opt for AURAS Travel Kitesurfing Insurance, made explicit in each Training offered, according to the conditions indicated at the following link: sidekicktribe.com/our-insurance. 

The User can consult the insurance policy details at the link sidekicktribe.com/our-insurance and is responsible for reviewing the terms and conditions of the insurance coverage to assess whether it meets their needs. By selecting an Instructor and opting for or declining AURAS Insurance, the User accepts the offered coverage and implicitly assumes responsibility for any extra damages and accidents not explicitly covered. Users who decline the additional coverage provided by AURAS Insurance accept the coverage provided by the selected Instructor. It is the User’s responsibility to choose the additional insurance offered or other insurance to cover other types of damage.

Sidekick Tribe disclaims all liability for damages and accidents occurring to the User that result from actions contrary to the instructions given by Sidekick Tribe’s Instructors or contrary to ordinary diligence.

8. Payments

8 Payments

Sidekick Tribe makes the Platform available to the User, in order to find out about and book a Training at the pre-established Price. Therefore, there is no possibility for the User to customise the Price. Sidekick Tribe will clearly state the Price of each individual Training on the Platform, with all the indications about the specifics of the Individual Session (i.e. mode of transport, gear, rescue service, etc.).

After identifying the desired Training, the User can add it to the desired products via the “Book” option. The User will then choose one of the available dates and can proceed to check-out.

Upon check-out, the User will be required to pay the full Price; following the aforesaid payment, the purchase procedure ends with the receipt of a confirmation email from Sidekick Tribe, confirming the successful booking of the Training, with all the details of the Course.

Some payment methods may be available at different conditions or rates and at a higher cost to the User. In these cases, the relevant information is available in the relevant section of the Platform.

All payments are processed independently through third-party services. Therefore, Sidekick Tribe does not collect any information about the payment details – e.g. credit card details – but only receives a notification from the operator after the payment has been successfully completed.

For payment, to be made by credit or debit card, the User may take advantage of the service offered by a third party, through the Platform whose security is guaranteed by the company Stripe Inc. by means of their own debit or credit card, or by connecting to the Platform and following the instructions therein.

It is understood that Stripe Inc. will apply its own terms and conditions when handling payments.

The User will also have the option of making payment for the Training by bank transfer, subject to a specific request in this regard from the User. In this case, bank details will be managed and processed directly by Sidekick Tribe.

In case of production and forwarding of tax and accounting documents (including receipts, receipts, invoices and any other equivalent document, however denominated) Sidekick Tribe will use only and exclusively the data provided by the User at the time of registration or those available in the User’s Account details. The User agrees to provide correct, valid and updated information and not to provide any incorrect or false information. In any case, Sidekick Tribe cannot in any case be held liable for the incorrectness or falsity, whether culpable or fraudulent, of the information provided by Users, who will be held solely and exclusively responsible for the data provided and subsequently proved to be incorrect or false.

9. Fees

Users are solely responsible for all Taxes related to the Training, which cannot therefore be charged to Sidekick Tribe in any way whatsoever.

10. Responsibilities of Sidekick Tribe

10.1 Exclusion of guarantees

The User agree that the use of the Platform and the Service provided by it is entirely at his own risk and responsibility. The Platform and the Service provided by it are provided on an “as is” and “as available” basis, without warranty and/or liability of any kind. All express and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose are expressly disclaimed to the fullest extent permitted by law, and to the same extent, Sidekick Tribe disclaims all warranties for the security, reliability, timeliness, accuracy and performance of the Platform.

To the fullest extent permitted by law, Sidekick Tribe also disclaims all warranties for other services or goods received through or advertised on the Platform as well as liability for the transmission of any computer viruses or other components that may damage the Website, the Platform and the Service.

10.2 Limitation of liability

Under no circumstances may Sidekick Tribe be held liable for damages suffered by third parties or by Users, directly or indirectly, in connection with the use of the Platform or the Service, or resulting from any contract between the User and third parties. This exclusion of liability covers, but is not limited to, direct, indirect, incidental, special, exemplary and consequential damages, including but not limited to: loss of profits, loss of data or loss of goodwill; computer damage; cost of substitute products or services; any damages related to personal or physical injury.

The damages to which the limitation of liability refers may arise from: the use or misuse of the Website or the Service; the inability to use the Website or the Service; or the interruption, suspension, modification, alteration, or discontinuance of the Website or the Service.

This limitation also applies to damages incurred as a result of other services or products received through advertising or related to the Website or the Service or any link on the Website, as well as from information or advice received through or advertised on the Website related to the Service. These limitations shall apply to the fullest extent permitted by law.

11. Security and User Feedback

Sidekick Tribe is not obliged to verify the exact identity of its Users nor can it confirm the identity of each User.

12. Content published on or through the Platform

12.1 Content Coming from Users

All Content posted on, transmitted through, or accessible via links from the Website is the sole responsibility of the User from whom such Content originates. The User is solely responsible for any Content posted, emailed or otherwise made available through the Website. The User understands that Sidekick Tribe does not control and is not responsible for Content made available through the Website, and that by using the Website, the User may be exposed to Content that is offensive, indecent, inaccurate, illegal, or misleading.

12.2 Links to other Websites

In the event that the Website and Services contain links to third party Websites or resources, Sidekick Tribe will not be responsible for: (i) the availability or accuracy of such Websites or resources; or (ii) the Content, products, or Services on or available from such Websites or resources. Links to such Websites or resources do not imply any endorsement by Sidekick Tribe of such Websites or resources or the Content, products, or Services available from such Websites or resources. The User assumes sole responsibility and assume all risks arising from the use of such Websites or resources or the Content, products or Services on or available from such Websites or resources.

Sidekick Tribe is also not responsible for the privacy policies or practices employed on other Websites outside of its Website When a User of the Website clicks on a link that directs to another Website, the User is responsible for reading the privacy policies of that other Website.

12.3 User Authorisation

Notwithstanding the foregoing, Users irrevocably authorise Sidekick Tribe, and/or other Users to whom Sidekick Tribe grants such authorisation, to use the Content and any part or element thereof, without any restriction whatsoever, throughout the world, in perpetuity and for the duration of the legal protection as granted in any country in the world.

By way of example but not limited to, the aforementioned authorisation shall also include the right to

to publish, disseminate, communicate to the public and make available to the public in such a way that everyone may have access to it at the time and place individually chosen, in whole or in part, by any means and/or technology and in any manner (including interactive), currently known and/or developed in the future, the Contents through the Website

for the purposes of the foregoing, reproduce and modify the Contents in any way or form in order to comply with the technological constraints imposed by the Website’s mode of operation

authorise other Users of the Website to reproduce the Contents in order to display them on their terminals using the Services and the Website.

The aforementioned rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Contents in any form or manner.

12.4 User Declaration

The User declares that he/she fully and legitimately owns all the rights relating to the Contents (by way of example but not limited to: copyrights, image and/or personality rights in general, trademark rights and other private rights, privacy rights, portrait rights, etc.) that he/she proceeds to publish on the Website.

The User expressly declares that where he/she is not the full owner of the rights to the Content to be published on the Website, he/she has been expressly authorised to dispose of the Content by the third party owner of such rights and is therefore fully entitled to grant authorisation to use the Content in accordance with the provisions of these Terms.

The User undertakes not to publish Content that

are false, obscene, pornographic, defamatory, or include racist, violent, offensive, harassing information, or incite to commit crimes or are otherwise illegal in Spain or in the place where the User uses the Services or the Website according to the applicable laws of the place;

violate the rules on the processing of personal data or the protection of trade secrets and confidential information;

presuppose the possession by the User of authorisations, rights or requirements required by law that he/she does not have;

infringe patents, trademarks, copyrights or other rights of third parties;

contain computer viruses or any program or software designed to interrupt, destroy, damage or even limit the functionality of any software, hardware or network equipment or the Services or the Website itself

are in any way harmful to Sidekick Tribe, Users or third parties.

The User guarantees the good quality of the Content that he or she posts and the suitability of the same for their intended use.

13. Changes of the T&Cs

Sidekick Tribe reserves the right, at its sole discretion, to modify the Platform or the Services, or to modify these Terms of Use by giving adequate notice at least 15 (fifteen) days in advance via the Platform, also updating the “Last Updated Date” at the bottom of these Terms. If after the notice of future modification and during the time prior to the effective application of the modifications, the User continues to access or use the Platform or Services, the User will be deemed to have implicitly accepted these Conditions as modified. If the User does not accept these changes, they must notify connect@sidekicktribe.com within the aforementioned period of time and cease all use of the Platform and Services.

14. Intellectual and industrial property rights

Subject to the provisions contained on Sidekick Tribes’s Privacy Policy, any Content transmitted to the Website by Users, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. In the event that Users own all rights with respect to such communications or Content, they expressly grant Sidekick Tribes and its designated licensors a non-exclusive, perpetual, and worldwide license to copy, distribute, display, perform, publish, translate, adapt, modify, and or use such material for any purpose whatsoever, regardless of the form or means (now known or currently unknown) of use.

The User is prohibited from posting on the Website any information that is confidential or protected as intellectual or industrial property rights, unless otherwise agreed in writing with the holders of such intellectual or industrial property rights as well as Sidekick Tribes.

15. Complaints Management

If an instructor fails to attend a scheduled session, Sidekick Tribe advises users to promptly contact us using the “report a problem” section of their dashboard, or by sending an email to connect@sidekicktribe.com or via WhatsApp.

Sidekick Tribe will initiate an immediate investigation to determine the reasons for the absence. Users will not be charged for the missed session. Following this, users may choose to reschedule with the same instructor or explore alternative options. While such occurrences are infrequent and typically due to oversight, Sidekick Tribe takes them seriously and implements appropriate measures to prevent future incidents. Actions in response to such incidents can vary from account suspension to permanent deletion, depending on the severity of the issue. User satisfaction and experience remain paramount.

Regarding other matters, if users believe that the conduct of other users is inappropriate or if there are concerns regarding intellectual property rights infringement, privacy issues, or technical malfunctions on the Platform, they are encouraged to notify Sidekick Tribe within 48 hours of becoming aware of the issue at connect@sidekicktribe.com.

To ensure the notification is effective, users should include:

The handwritten or electronic signature of the person authorized to act on behalf of the rights holder allegedly infringed.

Details of the user provided at the time of account creation to accurately identify them.

A detailed explanation of the issue or infringement, along with reasons why it is considered inappropriate or harmful to their rights.

Personal information linked to the user account involved in the complaint.

A statement verifying the accuracy of the information in the notification and the authority to act on behalf of the rights holder.

For complaints related to intellectual or industrial property infringement, users must also include:

Identification of the copyrighted or trademarked content allegedly infringed.

Identification of the material subject to the infringement and information to help us identify it.

A statement that they believe in good faith the use of the material isn’t authorized by the rights owner, its agent, or the law.

Upon receipt of a notice of intellectual property infringement or inadequate behaviour of the user, Sidekick Tribe may decide to promptly remove the identified materials from the Platform at its discretion, without incurring liability or compensation obligations to users or third parties. Depending on the severity of the issue, actions may range from account suspension to permanent deletion.

16. Indemnity

The User of the Website agrees to release, defend, indemnify and hold Sidekick Tribe and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ and accounting fees, arising out of, or in any way related to:

Users’ access to or use of the Website, Services or Content, or Users’ violation of these Terms of Use;

the Content processed, transmitted, copied, posted, made available by the Users themselves;

any of the following actions performed by the Users themselves:

o interaction with any User;

o the request for a Service;

Sidekick Tribe reserves the right, at its sole discretion, to arrange for defence with counsel of its own choosing, against any and all legal claims, lawsuits, or other causes of action requiring financial compensation brought by the User, without any objection by the User.

17. Relationship between the Parties

Sidekick Tribe and Users are independent parties, each acting on its own behalf and for its own purposes. These Terms of Use do not create any subordination, agency, representation, association, intermediary, partnership, employment or franchise relationship between Sidekick Tribe and any User of the Website.

Nothing contained in the Terms of Use, or Sidekick Tribe’s policies, or any other material may be deemed to constitute, create, give effect to, or otherwise recognize a corporation, agency, joint venture, or formal business entity of any kind, or to create a fiduciary relationship between the parties.

The rights and obligations of the parties shall be limited to those expressly set forth herein.

18. Applicable law and place of jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Italian Republic autonomous community of the Canary Islands.

All disputes regarding the validity, interpretation or execution of these Terms of Use shall be submitted to the exclusive jurisdiction of the High Court of Justice of Canarias.

19. Additional Terms

Sidekick Tribe is not responsible for the relationships created between Users.

The sections of the clauses of the Terms of Use have a descriptive function and do not affect their interpretation;

The User accepts that the rights and obligations contained in these Terms of Use, as well as any other documents that are incorporated into them by reference may be freely and lawfully transferred by Sidekick Tribe to third parties in the event of a merger or acquisition, or other event;

In any case, through the Platform, the Users undertake to comply with all national and international laws and regulations currently in force for the use of Sidekick Tribe’s Services in relation to the activities carried out on the Platform by the Users themselves. No derogation to the present Terms of Use will be granted, without the written authorisation obtained and a new contract signed between Sidekick Tribe and the User;

All communications to the Users’ attention will be sent to the email address provided at the time of registration on the Platform. Messages and notifications are considered received 24 hours after the email has been sent, unless a notification has been received indicating that the email address is invalid or not working.

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Last update: 1 July 2024