Nizer

Terms and conditions

1. Definition

  1. The term "Forum Prävention" or "we" refers to the Forum Prävention ONLUS Foundation, represented by its current legal representative, recognized by the decree of the President of the South Tyrolean Regional Government No. 60 of 14.05.2001, with headquarters in 39100 Bolzano (BZ), Talfergasse 4, tax number 94074740211, VAT number 02267890214, phone: 0471-324801, email: support@nizer.it, certified electronic mail: forum-p@pec.bz.it.
  2. The term "user" refers to the person who uses the Nizer app, regardless of whether the user is registered or not.
  3. The term "non-registered user" refers to the user who uses the app without prior user registration. The functionalities of the app are limited in this case.
  4. The term "registered user" refers to the user who has registered on the app and consequently created a user account.
  5. The term "Nizer" refers to the app developed by Forum Prävention and can be downloaded from the link https://nizer.page.link/app or from the Google Play Store or the App Store.
  6. The term "parties" refers to Forum Prävention and the user together.
  7. The term "offer" refers to the services of the Nizer app.

2. Scope of Application and Amendment of the Terms and Conditions

  1. For the registration and/or use of the Nizer app, the following General Terms and Conditions (GTC) apply.
  2. The use of the app is permitted for natural persons aged 14 years and older, as well as legal entities.
  3. The user agrees to the following GTC when registering or setting up the app by accepting the statement: "I accept the General Terms and Conditions and confirm that I have read the data protection information" by clicking on the corresponding button. Additionally, by confirming the abusive clauses ("The user confirms, by clicking on the corresponding button, to have read, understood, and accepted the following clauses in accordance with Articles 1341 and 1342 of the Civil Code: Article 2.2: Restriction of use for individuals under 14 years old; Article 3.1: Restrictions on use for non-registered users; Article 7: Limitation of liability; Article 8: Restriction of use and unilateral right to prohibit use; Article 9: Disclaimer; Article 15: Jurisdiction") by clicking on the corresponding button during registration or setup.
  4. Forum Prävention may, within the legal provisions, change or supplement the GTC at any time. In the event of changes to the GTC, the user will receive a notice prompting their approval. In case of objection, both parties have the right to terminate the contractual relationship immediately.

3. Services of the App

  1. The Nizer app provides general information to non-registered users about events, activities, and thematic meetings.
  2. For registered users, the Nizer app offers the ability to showcase, manage, and invite other users to their own events, in addition to the functionalities mentioned above. Users can accept or decline received invitations and filter events based on personal preferences and desired geographical areas.

4. Type of Contract, Contracting Parties, Conclusion of Contract

  1. The use of the Nizer app requires the conclusion of a license agreement between the user and Forum Prävention. 
  2. The license agreement is free of charge, meaning that the use of the Nizer app is free for both registered and non-registered users. Forum Prävention grants the user a limited, i.e., revocable, right to use the app. The right to use may not be assigned or transferred to third parties.
  3. The license agreement is concluded upon the confirmation of the present General Terms and Conditions and data protection provisions.

5. Contract Content for Non-Registered Users

  1. Non-registered users can view the events presented in the app. 
  2. This type of user cannot showcase and/or manage their own events, nor receive invitations to events. No prior registration is necessary for this type of user.

6. Contract Content for Registered Users

  1. Registered users can, in addition to the functionalities available to non-registered users, create and manage their own events. They can also invite other registered users to their events or receive invitations from other registered users. Users can filter events based on personal preferences and desired geographical areas.
  2. Regarding the data to be provided for registration, please refer to the data protection information.

7. Contractual Obligations of Forum Prävention and Limitation of Liability

  1. Forum Prävention provides the event platform available through the app for the duration of the contract. Additional functionalities for registered users are provided as per Article 6.
  2. The registered user is solely responsible for the presentation, upload, organization, and execution of their event, including announcements regarding any potential rescheduling and/or cancellation of the advertised event. Forum Prävention does not provide any services related to the presentation, processing, and/or execution of an event.
  3. As a result, Forum Prävention assumes no liability whatsoever for the content, proper execution, organization of an event, and the services indicated or advertised therein. The sole responsibility for this lies with the registered user who presented the event.
  4. The registered user presenting their own event in the Nizer app indemnifies and holds Forum Prävention harmless from any claims by third parties.

8. Usage Restriction

  1. The user is prohibited from using the Nizer app for the following activities:
  • Sending mass emails ("spam").
  • Using spyware or other harmful programs.
  • Organizing events for the sale of goods or services or hosting events that are illegal (counterfeit products, prohibited services) or contrary to the statutory purpose of the Forum Prävention Foundation.
  • Disseminating hate content.
  • Disseminating offensive, defamatory, abusive, or suggestive content.
  • Disseminating blasphemous content.
  • Using for purposes that violate applicable law.
  1. If Forum Prävention identifies unauthorized use, it reserves the right, without prior notice and at its sole and absolute discretion, to prohibit use and exclude the registered user from using the app or delete the user account. Similarly, events organized by the user will be promptly deleted.

9. Warranty and Disclaimer of Liability

  1. Forum Prävention strives to provide the app and its contents without disruption. As the app is provided to users free of charge, and Forum Prävention, as a non-profit organization, does not pursue profit motives with the app, uninterrupted availability cannot be guaranteed.
  2. Accordingly, Forum Prävention is not liable for any damages of a direct or indirect nature that may arise due to the non-availability of the app to the user.

10. Termination

  1. The non-registered user can terminate the usage by deleting the app at any time.
  2. The registered user can terminate the usage as well as their user account through the account settings, by sending an email to support@nizer.it, or by filling out the deletion form at the following link: https://afzack.com/delete-nizer-account

11. Data Protection

  1. The data protection information sheet containing all information regarding the processing of personal data in the context of using the Nizer app can be found here.

12. Right of Withdrawal

  1. 1. Since the use of the app does not result in a paid contract, the withdrawal rights and deadlines from consumer law do not apply.

13. Storage of Contract Text

  1. You can view and download the GTC at any time here.

14. Contract Language

  1. The languages available for concluding the contract are German, Italian, and English.

15. Jurisdiction, Applicable Law, and Reference

  1. Exclusive place of jurisdiction for all claims arising from the contractual relationship is Bolzano (Italy). Italian law applies. Mandatory or prevailing provisions of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) remain unaffected.
  2. In the event of a dispute arising between us and a consumer residing in the Union regarding contractual obligations from online purchase contracts or online service contracts, there is the possibility of out-of-court resolution by involving an ADR entity listed in accordance with Article 20(2) of Directive 2013/11/EU and using the ODR platform. The European Commission provides an Online Dispute Resolution (ODR) platform, which you can find at https://ec.europa.eu/consumers/odr.
  3. In accordance with Directive 2013/11/EU, implemented into national law through the amendment to Legislative Decree No. 206 of September 6, 2005 (Consumer Code), the consumer also has the option of alternative dispute resolution for consumer disputes with us. In this case, the consumer can contact the Online Dispute Resolution for Consumer Disputes in E-Commerce Contracts "Onlineschlichter.it," located at the Consumer Center South Tyrol, Zwölfmalgreien 2, I-39100 Bolzano (Italy), Tel.: +39 0471/975597, Fax: +39 0471/979914, Email: info@onlineschlichter.it. The website and instructions for mediation can be accessed through the link www.onlineschlichter.it.

16. Miscellaneous

1. Errors, technical misinformation, and typographical errors are reserved.

17. Abusive Clauses

The user confirms, by clicking the corresponding button in the app, to have read, understood, and accepted the following clauses in accordance with Articles 1341 and 1342 of the Civil Code:

  • Article 2.2: Restriction of use for individuals under 14 years old
  • Article 3.1: Restrictions on use for non-registered users
  • Article 7: Limitation of liability
  • Article 8: Restriction of use and unilateral right to prohibit use
  • Article 9: Disclaimer
  • Article 15: Jurisdiction