Termini & Condizioni
Terms & Conditions
for the Services offered on the website (“Website”)
BETWEEN
Orion Digital Group LLC (“Orion Digital Group”)
30 North Gould Street
Sheridan, WY 82801
And
The User.
DEFINITIONS
Terms and Conditions: This document represents the general terms and conditions for purchasing and using goods and services offered to the User by Orion Digital Group, which is the sole owner of the Websites jomnia.com, agencyownercircle.com, lorenzogiberti.com, protocolloagency.com, annodisvolta.com, kickstarteragency.com, agencyfull.com, agencystepbystep.com, agenzianatalia.com and of its content.
User: the person who uses the Services available through the Website acting for the purposes of a professional or entrepreneurial activity.
Parties: the parties to the sale and purchase agreement of the services sold through the Website (“Services”), jointly Orion Digital Group LLC and the User.
Websites or Website: the URL address(es) where the Services of Orion Digital Group can be accessed and purchased and to which these Terms and Conditions refer.
Services: the services offered to the User by Orion Digital Group LLC.
SUBJECT OF THE AGREEMENT
These Terms and Conditions govern the agreement regarding the sale of Services offered by Orion Digital Group on the Website.
By purchasing the Services online, the User fully accepts, without reservation, these Terms and Conditions. The Terms and Conditions remain valid and effective until they are amended and/or supplemented by Orion Digital Group. Any amendments and/or supplements to the Terms and Conditions will be effective from the date on which they are posted on the Website and will apply to sales made from that date onwards. Orion Digital Group invites the User to regularly check the Terms and Conditions.
The Website provides the online sale of educational Services. Certain Services may be sold out and therefore not be available for sale and purchase.
Orion Digital Group may accept the User’s orders within the limits of the existing quantities of the requested Services. Therefore, Orion Digital Group’s acceptance of the purchase proposal submitted by the User is subject to the availability of the Services themselves. Orion Digital Group agrees to promptly notify the User of any unforeseeable out-of-stocks due to excess demand or other causes.
E-learning courses
Orion Digital Group provides the User with numerous in-depth courses, which are part of the Services, both free of charge and for a fee. The content of the courses can vary from simple recorded lectures, to coaching carried out through modern communication technologies.
Access to courses is through accreditation provided manually by Orion Digital Group following the purchase phase, generally provided via email. Among the courses made available by Orion Digital Group are also video courses that can be used online through Orion Digital Group's portal. Once the User has received the login credentials, he/she will be able to access restricted areas, follow or download the courses for which he/she has been accredited.
Coaching and Ongoing Support
Orion Digital Group provides training to Users, training which is also part of the Services, through live sessions or digital channels by means of remote sessions held by Orion Digital Group's employees or Orion Digital Group itself, during which the modules covered by specific coaching activities will be delivered.
Some of Orion Digital Group's interactive Services will be provided with remotely delivered group or individual support on an ongoing basis, by which, training and coaching activities delivered by Orion Digital Group will be assisted and supplemented through live interaction with Orion Digital Group’s collaborators.
Orion Digital Group also provides the User with a private interactive forum, within which, through Orion Digital Group's staff, technical assistance will be provided on a daily basis for the use of all Orion Digital Group's Services subscribed to by the User and to assist the coaching activity delivered live remotely via digital support.
MODE OF PURCHASE AND PAYMENT
Orion Digital Group offers its Services for purchase through its website, either in one lump sum or by instalment payment on a monthly basis. The following payment methods are available:
Credit card:
If the User chooses to pay by credit card, he/she must ensure that his/her card is enabled for web purchases and that they enter all the data correctly, including the password for the Verified by Visa and SecurCode by Mastercard security circuits. Orion Digital Group accepts Visa, Visa Electron, PostePay, Mastercard, American Express, and Diners Club International.
PayPal:
PayPal is an online payment system that requires the User to open a PayPal account. Making a purchase with this type of payment will display a page of the PayPal site: the User will generally need to enter the e-mail and password of his/her PayPal account or access the procedure for creating a new account. After registration the User can proceed with payment via PayPal without having to re-enter his/her information, even for subsequent purchases. By choosing this payment method, the amount is charged directly to the User’s PayPal account when the order is placed. The User will be sent a confirmation email from PayPal with each executed transaction. In case of cancellation, the amount is refunded to the User’s PayPal account.
Bank Transfer:
Following the receipt of the purchase order from the User, Orion Digital Group will transmit its bank details to enable the User to make the telegraphic transfer.
Acceptance of cookies is necessary for any purchase or subscription on the Website.
PRICES
All prices of the Services available for purchase on the Website are in Euros and are inclusive of any applicable national taxes, but exclusive of any other cost, such as, though not limited to, bank charges.
Orion Digital Group reserves the right to change the price of the Services, at any time, without notice, it being understood that the price charged to the User will be the price indicated on the Website at the time of placing the order and that no account will be taken of any changes (upward or downward) subsequent to the transmission of the order, except in cases where the prices indicated on the Website with reference to a particular Service are disproportionately inconsistent with the normal prices of such Service due to clerical errors.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The structure, layout, source code, plug-in, idea, know-how, design, branding, content, text, graphics, concept and any intellectual and industrial property rights, whether registered or not, pertaining to the Website and/or the Services are to the exclusive property of Orion Digital Group at all times.
USER'S OBLIGATIONS
In creating his/her profile and filling out the forms on the Website, the User who intends to register, agrees to provide his/her personal information correctly and truthfully and not to upload illegal content.
The User agrees to use the interaction services offered by Orion Digital Group to the registered User for the sole purpose of evaluating Orion Digital Group's Service offerings, while direct or indirect commercial offers by the User, let alone spamming or any other activity that violates the Terms and Conditions and/or current laws and regulations or other Users’ rights are prohibited.
The User is responsible for full and timely payment of the Services he/she purchases and to use such Services within the limits of his/her activity, without violating the provisions of clause 5 thereof and with the express prohibition to resell or disseminate even for free the Services or parts of them to any third party.
When participating in a live event, the User is responsible for his/her own conduct and agrees to behave appropriately, without obstructing the proper flow of activities and/or creating a disturbance to the lecturer or other Users and/or damaging property or persons. The User is solely responsible for any injury, loss and/or damage he/she may suffer while participating in the event, even if caused by the action or negligence of other participants or third parties. Orion Digital Group does not provide health, accident, or life insurance protection to Users who are participants of its live events.
In the event that the User makes untrue statements during the registration process or filling out any purchase order, or fails to comply with the provisions of this clause, the User shall be liable to pay compensation for any damages suffered by Orion Digital Group or that Orion Digital Group is called upon to compensate third parties.
WITHDRAWAL
The Right of Withdrawal is not provided:
- for e-learning courses, the right of withdrawal is expressly excluded in all instances where the Service is started with the express agreement of the User and with his/her acceptance of the fact that in that case he/she would have lost the right of withdrawal.
7.2 Beyond the provisions of the regulations regarding the right of withdrawal, Orion Digital Group reserves, at its sole discretion, the right to grant the same within the period of 14 days after subscription, guaranteeing in this case a full refund of the amount paid.
REFUND
In addition to legal provisions as well as those under clause 7, Orion Digital Group provides a full refund for each purchased Service (with the exception of live events, which are, unless otherwise indicated, non-refundable), subject to the following specific conditions.
Should the User:
- have studied all the training materials made available to him/her by Orion Digital Group;
- have punctually applied all the guidance received from Orion Digital Group with demonstrable actions (by way of example but not limited to: downloading and customising the template provided, creating and customising an Instagram profile, creating and publishing content on social platforms, creating and publishing a website, etc.);
- have made use of all available counselling hours in the package within 3 months from the activation of such Service;
- have applied at least 1 of the user-acquisition methods for at least 15 days;
- have completed the entire curriculum including all modules in the purchased course (in this regard, the proprietary platform Jomnia.com keeps track of the classes viewed and completed);
- fail to achieve even one result of those projected by Orion Digital Group in the product presentation;
- demonstrate that all the conditions in the previous points have been met by sending an e-mail to Orion Digital Group's support address containing evidence of actions taken to apply the notions learned in a practical way;
- demonstrate, through receipts and packing slips issued by the carrier, the return at his/her own expense of all materials received from Orion Digital Group, if any,
Then, if in the next 3 months of counselling the User does not secure at least a contract with one or more clients, after applying all the techniques in the course, and charging such clients of his/hers at least €3,000.00, then the User will be followed free of charge by Orion Digital Group for up to 3 months until such goals are achieved (i.e., securing at least one client and billing a total of at least €3,000.00).
Should the above conditions not be punctually followed, it is not possible for the User to have the above free bonus of 3 additional months of support.
AMENDMENTS OF THE TERMS AND CONDITIONS
Should these Terms and Conditions need changes or regulatory or factual corrections, it will be the responsibility of Orion Digital Group to update them by posting them on the site.
Should any provision, article or part thereof, (present or future) become void and/or ineffective in whole or in part, or should there be omissions within these Terms and Conditions, the remaining provisions shall nevertheless remain valid, effective, and producing effect.
DISCLAIMER
Orion Digital Group is not liable either to the User or to parties directly or indirectly related to them for delays, inefficiencies or suspensions of the Website that depend on third parties or caused by force majeure event (including but not limited to: suspension, slowdown or malfunctioning of telephone service or electricity supply, malfunctions of the Internet network or Internet service provider, or of the software used for the performance of the service, impediments or obstacles determined by provisions of law or acts of foreign national authorities, measures or acts of a legal nature or facts of third parties, or other causes not directly attributable to Orion Digital Group); for delays, inefficiencies or suspensions of the social network platform used for the continuing education courses; for increase or failure to increase business from the User's activity, for failure to achieve the desired results against investments and costs incurred, and for any damage resulting from the teaching for tampering with or intervention by third parties on services or equipment used by Orion Digital Group or the User; for incorrect use of the platform by Users; malfunction of connection equipment used by Users; non-conformity and/or obsolescence of equipment or programs with which the User or third parties are equipped; problems or inefficiencies inherent to hosting and domain; for malfunctioning of services, loss of data, accidental dissemination of personal or sensitive data, and any other type of damage occurred as a result of attacks by hackers, thieves,, viruses, etc.
The User agrees that Orion Digital Group shall not be held liable for any omissions or errors that may be contained in the materials transited on the Website nor, again, for any infringement of the rights of third parties and damages, including indirect, consequential to it, or for other damages of any kind, including resulting from loss of right of use, loss of information or loss of earnings or arising from breach of contract, negligence or other tortious action, arising out of or in any way connected with the use or information available on the Website.
It is also excluded any responsibility in relation to the management of the Facebook Group dedicated to the products if, after the relationship with Orion Digital Group has ceased, it should be kept active and managed for different purposes, with respect to which Orion Digital Group remains unrelated.
PRIVACY POLICY
For the Information on the Processing of Personal Data please see the Website’s dedicated page.
DATA PROTECTION
The User, when a resident of the European Union, acknowledges that in the course of performing its respective obligations under these Terms and Conditions, it may be necessary for Orion Digital Group to transfer Personal Data (as defined below) to a location outside the European Union. In such cases, Orion Digital Group shall comply with all applicable data protection laws, including the General Data Protection Regulation (“GDPR”).
For the purposes of this clause, “Personal Data” means any information relating to an identified or identifiable natural person, including but not limited to the data subject’s name, address, phone number, email address, job title, and other identifying information.
Orion Digital Group shall take all necessary steps to ensure that any such transfer of Personal Data is made in accordance with applicable data protection laws, including but not limited to the GDPR. This may include implementing appropriate safeguards to ensure that Personal Data is adequately protected when it is transferred outside the European Union.
In addition, Orion Digital Group agrees to cooperate with the User to respond to requests such as requests for access, rectification, erasure, or the right to object to processing of Personal Data.
LANGUAGE, APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are written in the English language. The relationship between Orion Digital Group and User shall be governed exclusively under the laws of the State of Wyoming.
Orion Digital Group shall be entitled to the remedies of injunctions, specific performance or other equitable relief for any threatened or actual breach of these Terms and Conditions before any court or equivalent body, worldwide. With said exception, any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this Agreement or arising therefrom or related thereto in any manner whatsoever, shall be irrevocably submitted by the Parties to the jurisdiction of the State of Wyoming, USA.
13 COMMUNICATIONS
For further information of any kind, the User can contact Orion Digital Group by e-mail at the following address: dpo@lorenzogiberti.com
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