Terms and Conditions, Privacy and Cookies policies between the User and Triathlon XP.
Last update May 25, 2018
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Services are presented by Us to customers through this website www.triathlonxp.com (“Our Site”), or through other means of communications both online and offline, under the trading name of "Triathlon XP". Please read these Terms and Conditions carefully and ensure that you understand them before reserving any Services from Our Site. You will be required to read and accept these Terms and Conditions when reserving (and ordering) Our Services. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to use Our Services. These Terms and Conditions are in the English language only.
Triathlon XP provides sport, swimming, cycling, running and triathlon education in the form of training camps that are provided away from this website for sprint, Olympic, middle and long distance triathlons or other sport activities. These terms apply to the use of this Website, coaching and training sessions that are provided away from this website. Our Services are to triathletes and people of all levels and abilities.
By accepting our Terms and Conditions, when you purchase our Services, you - and any other participant that you may register on their behalf - also commit to download, sign and return our Accident waiver and release of liability contract before the beginning of your selected services.
Unless differently agreed, we offer our Services only to customers who are at least 18 years old on the first day of the start of our services (this is the age of majority as per the Italian law). For example, by entering your Name and Surname on the checkout order page/form online, you agree to be personally bound by these terms and conditions, whether for yourself and other adults, if you are registering on behalf of them; by entering your Name and Surname on the checkout order form online, you represent and warrant that you are at least 18 years old.
1. Definitions and Interpretation
Unless the context otherwise requires, the following expressions have the following meanings:
“Services” - means the services presented by Us through Our Site (and offline);
“Reservation” – means booking our Services through our website (or other means of communication);
“Reservation Number” - means the reference number for your Reservation;
“Order” - means your order for our Services, through your payment to Us;
“Order Number” - means the reference number for your Order, so after we receive your payment; for convenience the Reservation Number matches the Order Number;
“Contract” - means a contract for the purchase and sale of Services;
“Business days” - any day which is not a Saturday or Sunday or a bank holiday in Italy;
“We/Us/Our” - means Triathlon XP and our staff;
“Content” - means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Website” or “Site”– www.triathlonxp.com .
2. Information about Us and contact information
Our Site www.triathlonxp.com and Triathlon XP are owned and operated by Luca Colombo, VAT nr IT01013450141, Bormio, Italy. Contact details: firstname.lastname@example.org, mobile +39 392 5867854. Luca Colombo is also the person responsible for your personal information, so please contact him accordingly.
3. Cookies policy: access to and use of our site
b. Business Transfers
If Triathlon XP, or substantially all of its assets, were acquired, or in the unlikely event that Triathlon XP goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Triathlon XP may continue to use your personal information as set forth in this policy.
- Google Analytics cookie usage on website: Click Here
d. Access to Our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site or any part of it at any time and without notice. We will not be liable to you or any third party in any way if Our Site or any part of it is unavailable at any time and for any period.
The Service is controlled, operated and administered by Triathlon XP in Italy. If you access the Service from a location outside of Italy, you are responsible for compliance with all local laws. You agree that you will not use the Triathlon XP content accessed through www.triathlonxp.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
a. All personal information that We may collect (including, but not limited to, your name and telephone number) will be collected, used and held in accordance with the provisions of the Italian Data Protection Code - Legislative Decree no. 196/2003 - and the EU regulation 2016/679 in place from May 25, 2018.
We may use your personal information to:
- provide Our Services to you, including - but not limited to - the reservations of hotel accommodation or sport equipment on your behalf;
- process your Reservation and Order for the Services.
b. No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
c. Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
d. We may sometimes contract with third parties to supply Services to you on Our behalf. These may include payment processing, services execution, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
e. Website visitors
Like most website operators, Triathlon XP collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Triathlon XP's purpose in collecting non-personally identifying information is to better understand how Triathlon XP's visitors use its website. From time to time, Triathlon XP may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. Triathlon XP also collects potentially personally-identifying information like Internet Protocol (IP) addresses.
f. Gathering of Personally-Identifying Information
Certain visitors to Triathlon XP's websites choose to interact with Triathlon XP in ways that require Triathlon XP to gather personally-identifying information. The amount and type of information that Triathlon XP gathers depends on the nature of the interaction. For example, we ask visitors to reserve online our Services and provide name, surname and email address. Those who engage in transactions with Triathlon XP are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Triathlon XP collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Triathlon XP. Triathlon XP does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain Services activities.
g. Aggregated Statistics
Triathlon XP may collect statistics about the behavior of visitors to its websites. Triathlon XP may display this information publicly or provide it to others. However, Triathlon XP does not disclose personally-identifying information other than as described below.
h. Protection of Certain Personally-Identifying Information
Triathlon XP discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Triathlon XP's behalf or to provide services available at Triathlon XP's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Triathlon XP's websites, you consent to the transfer of such information to them. Triathlon XP will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Triathlon XP discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Triathlon XP believes in good faith that disclosure is reasonably necessary to protect the property or rights of Triathlon XP, third parties or the public at large. If you are a registered user of an Triathlon XP website and have supplied your email address, Triathlon XP may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Triathlon XP and our products. If you send us a request (for example via email), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Triathlon XP takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
5. Conditions of use of the site and our services
a. Seek advice from a medical professional
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
No information contained in the Website or shared online/offline else where is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information shared by Us, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
All information provided by Us is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website or shared online/offline else where.
Triathlon XP coaches and its co-workers, sub-contractors and suppliers do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by Triathlon XP.
b. Fitness level
You require a moderate level of fitness to follow the training programs, Triathlon XP coaching, training camps and related services. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these products, programs and/or services. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website and off-line and list or services that we provide. The information on the Website and the services that we provide also away from our Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
You acknowledge that the services that we provide online and offline and all our other services is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries (minor or fatal) that you may suffer as a result of following the training programs, coaching and training camps, and all our other services.
You acknowledge that your participation in our training programs, coaching and training camps, and all our other services may involve risks, including personal injury and death. Prior to participating in these services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation.
You assume all risks in connection with your participation in any products, services and activities that We may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any of our products, services and activities that we may provide for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) equipment damages or repairs; (4) the contraction, aggravation or acceleration of a disease; and (5) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of our any of our products, services and activities that we may provide.
c. Insurances and cover
You agree that you have your own individual health cover provider (public or private) in your country that will cover any medical expenses which you may incur. If travelling abroad you also agree that you will have International travel insurances to cover this as well. When participating in one of Our Services, you must provide proof of this insurance(s) by sharing the suitable policy document(s) before our Services start.
d. Third party content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other customers and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website. Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
e. Indirect and consequential loss
To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services that we provide, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
You agree to indemnify, defend and hold harmless Triathlon XP, its officers, directors, employees, agents, contractors and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services (online and off-line), your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Triathlon XP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TRIATHLON XP in asserting any available defenses.
7. Liability disclaimer
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Triathlon XP and/or its suppliers may make improvements and/or changes in the Site at any time.
Triathlon XP and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Triathlon XP and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
You assume all risks in connection with your participation in any products, services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any of our products, services and activities that we may provide for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) equipment damages or repairs; (4) the contraction, aggravation or acceleration of a disease; and (5) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of our any of our products, services and activities that we may provide.
8. Link to third party sites/services
www.triathlonxp.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Triathlon XP and Triathlon XP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Triathlon XP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Triathlon XP of the site or any association with its operators.
Certain services made available via www.triathlonxp.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.triathlonxp.com domain, you hereby acknowledge and consent that Triathlon XP may share such information and data with any third party with whom TRIATHLON XP has a contractual relationship to provide the requested product, service or functionality on behalf of www.triathlonxp.com users and customers.
9. Services, pricing and availability
a. We make all reasonable efforts to ensure that all descriptions of Services available from Us correspond to the actual Services. Please note, however, the following:
- images of Services and places are for illustrative purposes only;
- descriptions of Services are for illustrative purposes only, the actual service delivered may vary.
b. Minor changes may from time to time be made to certain Services between your reservation and order being placed and Us executing those services, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Services.
c. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed.
d. All prices are checked by Us before We accept your Reservation. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Reservation, we will simply ask you to pay the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to Order and pay the Services at the correct price or to cancel your Reservation (or the affected part of it). We will not proceed with processing your Order in this case until you pay. If We do not receive a response from you within the next 2 business days, We will treat your Reservation as cancelled and notify you of this in writing.
e. In the event that the price of Services you have reserved changes between your Reservation being placed and Us processing that Reservation and taking payment (Order), you will be charged the price shown on Our Site at the time of placing your Reservation.
f. All prices on Our Site do not include VAT. If after your payment for Our Services you want to receive a valid copy of our bill, please inquiry us at email@example.com.
g. All prices on Our Site are in Euro (EUR).
h. Prices displayed online and relating to third party suppliers or sub-contractors are merely indicative and are only up to the respective vendors, not to Triathlon XP. We trust that they are very closed to reality, however they may vary. Example are - and not limited to – the price of the entrance to the swimming pool or other facilities, the price or discount for the accommodation and meals at the partner hotels.
10. Reservations and Orders: how contracts are formed
a. Our Site will guide you through the booking process. Before submitting your Reservation you will be given the opportunity to review your Reservation and amend it.
b. If, during the booking process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Reservation due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information, We may cancel your Reservation.
c. No part of Our Site constitutes a contractual offer capable of acceptance. Your Reservation constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Reservation does not mean that we have accepted it. Reservation confirmation shall contain the following information:
- your Reservation (order) number;
- main characteristics of the Services ordered.
d. Only after you pay the agreed amount and we have registered it in our bank (down payment or full amount), we shall send you an email saying that "Your order has been accepted”. Only after these three events, there will be a legally binding Contract between Us and you. In other words your Order will be finally placed.
e. We save the right to cancel your Order at any time if we decide that the Services that you ordered are, for example, inappropriate for you or if the minimum number of participants of a training camp has not been reached. This number is displayed each time on the Website and it is our interest to keep you accordingly informed.
f. In the unlikely event that We do not accept or cannot fulfil your Reservation for any reason, We will explain why in writing. If We have already registered your payment into our bank, any of such sums will be exchanged into a voucher of the same value with no expiry date to use in exchange of Our Services which have a lower, equal or higher value, depending on their availability; if Our Services chosen alternatively by you have a lower monetary value, no refund is provided by Us for the difference; if they have a higher monetary value, we will ask you to pay for the difference.
11. Payments and refunds
a. Reservations are subject to acceptance by us. Acceptance (or rejection) of a reservation will be notified to you as part of the ordering procedure. Access to our Service or additional services, for example provided by third party suppliers or sub-contractors, are always first subject to payment made by you. By placing a Reservation, you make an offer to purchase the relevant subscription that is the subject of your Reservation. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.
b. Currently we accept payments via bank transfer, PayPal (or debit/credit card), cash. The full amount must be paid in full before a Service starts. You agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our owners, employees or contractors.
c. If it is You who cannot use the Services ordered, for example for a specific training sessions or plan, unfortunately we do not provide refunds. However we would consider valid your order and exchange it with a voucher of the same paid value, which is valid for 365 days since your (first) payment date to use in exchange of Our Services which have a lower, equal or higher value, depending on their availability; if Our Services chosen alternatively by you have a lower monetary value, no refund is provided by Us for the difference; if they have a higher monetary value, we will ask you to pay for the difference.
d. We do provide a refund in some very extreme situations. Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 business days of the day on which We agree that you are entitled to the refund. Refunds issued under this Clause 10 will not include additional costs paid by you to purchase Our Services, for example your bank charges, and they shall be made using the same payment method that you used when paying the Services.
e. If you are uncertain about reserving anything from our website, then please e-mail us at firstname.lastname@example.org and we will be happy to answer any question you may have.
f. Please note that you will not be eligible to claim under this Clause 10 if We informed you of other problems with the Services before you paid them.
g. To cancel the purchase of Our Services (so, after we have received any of your payment) for any reason under this Clause 10, please contact Us at email@example.com.
12. Our Liability to Customers
a. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
b. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a customer.
13. Events outside of our control (force majeure)
a. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, rains/heavy rain, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
b. If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay.
c. To the extent that we cannot minimise the delay, Our affected obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly.
d. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary.
e. If the event outside of Our control continues for more than 1 day We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 business days of the date on which the Contract is cancelled.
f. If an event outside of Our control occurs and you wish to cancel the Contract as a result, please contact Us at . Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 business days of the date on which the Contract is cancelled.
14. Communication and contact details, complaints and feedback
a. We always welcome feedback from Our web users or customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
b. If you wish to contact us about any aspect of your dealings with Us, please contact by email at firstname.lastname@example.org.
15. Intellectual property rights
a. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable Italian and international intellectual property laws and treaties.
b. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site.
c. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
d. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or customers.
e. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, re-transmitted, adapted, published, broadcast or distributed without our prior written permission.
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. www.triathlonxp.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of www.triathlonxp.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of www.triathlonxp.com or our licencors except as expressly authorized by these Terms.
16. Other important terms
a. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
b. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
c. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
d. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes.
17. Law and jurisdiction
a. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Italian law.
b. If you are a customer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Italy.
c. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Italy.