Terms and Conditions
These General Conditions of Sale form an integral part and apply to all contracts for the provision of services performed by BlockChainRE s.r.l.. These General Conditions of Sale may be modified and / or supplemented by special conditions specifically agreed in writing between the parties. The Customer is required to read carefully the General Conditions of Sale at the time of signing one of the services offered by BlockChainRE because, with the purchase of services, are given for unconditional acceptance of the conditions and terms specified below.
These General Terms and Conditions, together with the signed service, constitute the contract. No other terms and/or conditions shall be effective and binding between the parties unless expressly agreed and accepted in writing by BlockChainRE S.r.l.
Art. 1 – DEFINITIONS
Supplier: BlockChainRE s.r.l., which commissioned the adaptation of the original notarisation platform developed by BCode S.r.l. The legal entity that owns the platform is Bcode S.r.l. and offers the service of notarisation and preservation of documents covered by these General Terms and Conditions.
Customer: means legal persons and/or natural persons registering on the web app and platform for professional purposes and natural persons registering for purposes unrelated to their professional activity who can purchase the document archiving and notarisation service on the BlockChainRE.it platform adapted from that owned by Bcode s.r.l.
Service: use of the web app and platform to upload documents that will be stored on the BlockchainRE platform and on the Ethereum and Polygon blockchains, with the possibility of sharing documents uploaded on the platform between registered and authorised users.
Contract: such term shall mean the present General Terms and Conditions of Sale in addition to the individual subscription service to be subscribed to between the customer and BlockChainRE s.r.l..
Notarisation:
Procedure for uploading documents to the BlockChainRE s.r.l. platform (owned by BCode S.r.l.) with the effect that a digital fingerprint will be calculated and recorded on the Etherium and Polygon blockchains. The uploaded document is also recorded on the decentralised IPFS cloud, which allows it to be stored indefinitely and without alteration. Documents registered in this way cannot be deleted from the blockchain.
Art. 2 – SUBJECT
BlockChainRE s.r.l. is the owner of the web app and Bcode S.r.l. of the platform on which the customer can upload and save all documents relating to their real estate transactions, notarising the documents in blockchain and allowing these documents to be stored securely and unalterably on a decentralised IPFS cloud. The platform, used via the web app, allows registered and subscribed Clients to quickly, confidentially and securely exchange their documents.
Art. 3 – WEB APP REGISTRATION – ACCOUNT CREATION
The Customer can register free of charge on the BlockChainRE web app by providing the data requested by the web app to set up an account against which he will be provided with a username and password; subsequently, if he proceeds to purchase a subscription, according to the modalities indicated on the platform, he will be able to proceed with the notarisation of the documents with a blockchain-encrypted system. The creation of an account enables the Customer who intends to proceed to purchase a subscription to perform the following activities directly through the Supplier’s web app: a. Saving and modifying their personal data; b. Accessing all the information related to the subscription with scaled credit; c. Managing their personal data and updating them at any time; d. Making use of dedicated services and the document exchange system with other registered users.
The Customer undertakes to indemnify and hold harmless the Supplier from any damage, indemnity obligation and/or penalty connected with the latter’s violation of the rules for registering to the web app or keeping the registration credentials. The Customer is solely and exclusively responsible for access to the web app using his registration credentials, undertakes not to share his account with other persons, and is directly liable for any damage caused by improper use, loss, misappropriation by third parties, or failure to maintain adequate secrecy of his registration credentials. The Customer shall inform the Supplier immediately if he believes that his account, his access credentials or his personal data have been hacked, stolen and/or unlawfully disclosed. By registering to the web app, the Customer agrees to receive communications, including in relation to any updates to be made, from BlockChainRE that may be published on the web app, sent by email or by app. Following the release of the credentials to access the service, the Customer will be able to take advantage of a remote assistance service for the management of the registration of documents on the platform by contacting the assistance as indicated on the profile page of his account.
At the time of registration, the Customer shall enter a primary password and a secondary password with which it will be possible to recover access to his account in the event of the primary password being lost; in the event of the loss of both passwords, it is not possible in any way to recover access to the web app and his account, and thus also to the documents and real estate (understood as NFT) created. This mechanism is based on the ownership of the keys of the wallet used by the Customer, and associated with the web app account; in fact, the Customer is the sole owner of the wallet that he/she uses exclusively for this reason there are no further credential recovery mechanisms other than those mentioned above. The Customer may cancel his/her registration at any time by notifying the following e-mail address: [email protected].
Art. 4 – ACCOUNT SUSPENSION/DELETION
The Provider reserves the right to suspend and/or delete a user’s account at any time at its own discretion and without prior notice if it considers that access to the platform is being used inappropriately, offensively, contrary to the law or the conditions stated herein, or if a complaint is received from a third party or by order of an authority. Suspension or deletion of the account, for reasons attributable to the Customer, does not give the Customer any right to reimbursement, compensation or indemnity and does not exempt the Customer from payment for the services purchased.
Art. 5 – SUBSCRIPTION
The customer, once registered, can purchase a subscription in the manner and manner indicated on the web app, i.e. by purchasing a package of credits by credit or debit card. The Contract shall be deemed concluded only upon payment of the subscription fee by the Customer, from which point the Customer may access the notarisation and document exchange services enabled by the platform.
Art. 6 – PRICES
The prices indicated in the subscription are exclusive of VAT and are expressly indicated on the web app; once the subscription service has been purchased, the customer will be able to check the status of his credit in his account. Payments can be made on stripe as indicated on the web app.
Art. 7 – RIGHT OF WITHDRAWAL CONSUMER CUSTOMER
The Customer/Consumer has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within 14 (fourteen) days from the conclusion of the contract. If the Customer/Consumer has already enjoyed part of the subscription, the Supplier shall refund the sum paid by the Customer/Consumer by retaining the amount corresponding to the service already enjoyed. The Customer/Consumer shall communicate his intention to withdraw by sending an e-mail to the following address [email protected], the Supplier shall then proceed with the refund, deducting the amount corresponding to the consumption already made, without delay and, in any case, within 14 days from the date on which he received the notice of withdrawal.
Art. 8 – CUSTOMER LIABILITY
The Customer is to be considered the sole and only person responsible for the use of the data upload service on the #Bcode platform. No control over the content of the documents can be carried out by BlockChainRE which has no power to view and/or control the documents uploaded on the platform by the customer: the only person who can access them by virtue of the access keys received at the time of registration on the web app. The Customer is, therefore, the only subject responsible for: i) the truthfulness of what is contained in the documents that will be uploaded on the platform; ii) the content of the documents themselves, iii) the correctness of the upload, BlockChainRE cannot, in any way, control the way the Customer uploads the documents.
The Customer undertakes not to publish on the platform any content that is against the law and/or third-party rights, unlawful, contrary to public morals, containing any form that offends the dignity and morals of third parties, whether natural or legal persons, assuming full responsibility in relation to the subject matter of the publication, and indemnifying and guaranteeing the Supplier against any consequences that may arise from the aforementioned publications. The Customer, as the sole and only person responsible for the use of the data upload service, is aware that if in creating an NFT he forgets to insert a document that has already been notarised, he cannot insert it at a later time; in fact, it is not possible to add new documents after minting, i.e. the creation of the NFT on the blockchain, just as, if the NFT should be addressed to a wrong person, it is not possible to cancel the sending.
The Customer is aware that the notarisation can be deleted from the platform but not removed from the Ethereum and Polygon BlockChains, as it is technologically unchangeable data. The documents uploaded by the Client are automatically archived, on the BlockChainRE web app, on IPFS (InterPlanetary File System: protocol that allows the storage of data on a decentralised network of nodes) through a mechanism of encryption of the CID (or address) of the file, allowing only the Client who uploaded the document, or the owner of the Property containing that document, to view the content in plain text on IPFS.
Art. 9 – SUPPLIER’S LIABILITY
The Supplier assumes no liability for disruptions that result in the temporary or permanent inability to access the platform in the event of force majeure such as, but not limited to: actions of public authorities, floods, explosions, accidents, strikes and lockouts, acts of war, embargoes, telecommunications suspensions or problems, failures, overloading of energy flows that lead to inefficiencies or malfunctions related to the use of the network. The Supplier shall not be liable in any way in the event of events that may lead to the destruction or temporary interruption of the BlockChain Ethereum and Polygon. The Supplier shall never be obliged to pay compensation for any direct and/or indirect damages resulting from inefficiency caused by force majeure and, in any case, if the same should turn out to be responsible its liability shall be limited only to the reimbursement of the amount spent by the Customer to purchase the unused service.
Art. 10 – INTELLECTUAL PROPERTY
All content, in whatever format, published on the web app, including web pages, graphics, colours, schemes, web app design, layout, processes and software that are part of the web app are protected by copyright and all other intellectual property rights belonging to BlockChainRE s.r.l. It is forbidden to reproduce, in whole or in part, in any form, the web app or its contents, without the written consent of BlockChainRE.
Art. 11 – SERVICE INTERRUPTION
In order to guarantee the best possible service, the Supplier reserves the right to interrupt the service for maintenance purposes, system upgrades or any other changes by giving appropriate notice to users.
Art. 12 – CONFIDENTIALITY
Both parties agree that any information transmitted and/or disclosed and/or made known between them or of which they become aware in connection with or in the course of the performance of the contract shall be deemed confidential and may not be communicated and/or disclosed and/or made known, in any form whatsoever, to third parties and/or used for purposes other than those agreed between the parties and in accordance with the contract. The Customer undertakes, in any case, under its sole responsibility, to take all necessary measures to ensure the confidentiality of information received by BlockChainRE s.r.l.
Art. 13 – PRIVACY LAW INFORMATION AND CONSENT
BlockChainRE guarantees that the processing of any personal data provided by the Customer will be carried out in full compliance with Regulation (EU) 2016/679 and further applicable data protection provisions. The data will be processed for all purposes related to the fulfilment of the Contract and, subject to the Customer’s consent, also for further purposes, as specifically stated by BlockChainRE in the relevant notice available on the Login page of BlockChainRE or on the profile page of its account.
Art. 14 – FINAL PROVISIONS
In the event that one or more of these conditions are found to be invalid and/or ineffective and/or void and/or voidable and/or unenforceable, the other conditions shall remain valid and enforceable and those declared invalid and/or ineffective and/or void and/or voidable shall be replaced, to the extent permitted by law, by conditions that reflect the original intent of the parties. The Customer’s data required for the conclusion of the contract are provided by the Customer, who assumes responsibility for them. Any inability or delay by either party in exercising a right or enforcing these conditions shall not constitute a waiver thereof, nor shall their partial exercise preclude any other and future exercise of rights and remedies under the contract or applicable law.
Art. 15 – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale shall be interpreted and governed by Italian law. Any disputes that may arise between the parties with regard to their interpretation, execution or termination and to the contracts governed by them shall be subject to the exclusive jurisdiction of the Court of Milan. Pursuant to Art. 1341, paragraph 2 of the Italian Civil Code, the Customer/Consumer declares, after careful re-reading, that he/she accepts all of these General Terms and Conditions of Sale and, in particular, that he/she approves the following articles: no. 3, no. 4, no. 5, no. 6, no. 7, no. 8, no. 9, no. 10, no. 11, no. 12, no. 13, no. 14 and no. 15.
