Terms & Conditions

These general conditions of use ("General Conditions") govern the access and use of the website www.explus.tech ("Site") by each user ("User"), both as a visitor , both as a purchaser (i) of the Memorabilia, i.e. memorabilia or other connected physical collectibles, made that belonged to or otherwise attributable to athletes, artists, public figures or figures of interest, companies or sports federations ("Celebrity"); (ii) of the Experiences, i.e. digital content created by the Celebrity (e.g. personalized videos or video-conference workouts); (iii) NFTs, non-duplicable digital certificates, registered on the Blockchain, which certify the originality, non-replicability and unique ownership of a digital asset; (iv) NFT-Experience, i.e. NFT redeemable to receive the experience associated with them; (v) NFT-Memorabilia, i.e. NFTs redeemable to receive the Memorabilia matched to them, sold by Explus on the Site according to what is indicated in the General Contract Conditions, to which reference is made.

Memorabilia, Experiences, NFTs, NFT-Experience and NFT-Memorabilia are hereinafter jointly referred to as "Explus Products".

Use of the Site implies acceptance of the General Conditions and the Privacy Policy.

• Foreword

  • These general conditions regulate the use of the website www.explus.tech owned by Explus S.r.l., with registered office in Milan, Corso Monforte 45, 20122, Tax Code and VAT number 12315370960, in the person of its legal representative pro tempore (hereinafter also "Explus" or "Company").
  • The purpose of the Site is to make the User aware of the activities carried out by Explus and to help the User in finding information regarding Explus Products. The purchase of Explus Products requires registration on the Site, as set out in following articles 4 and 5. In order to complete the purchase of the NFTs and Experiences, the User will be directed, via hypertext link (link) or other connection methods (e.g. API) to third-party sites that could make navigation subject to acceptance of further and/or different conditions of use, with respect to which Explus remains completely extraneous and does not assume any responsibility, in compliance with the provisions of the following art. 3.6.
  • Users can browse the Site and use the services offered through it ("Services") by scrupulously complying with these General Conditions.

• User obligations

  • It is the User's responsibility to read these General Conditions and check the changes made to them, in accordance with following art. 12.1.
  • Internet access, necessary to use the Site and all related charges and costs, including connection costs, are the responsibility of the User, who is required to independently obtain any necessary hardware or software support.
  • The User is solely responsible for the operation and maintenance of his equipment and for the adoption of all measures necessary to ensure his online security.
  • The User undertakes the obligation not to use the Site and the related services for illegal purposes or purposes contrary to the General Conditions or in ways that could damage its functionality, making it unusable, causing overload, deterioration and/or interference with the use of the same by other Users.

• Liability

  • The User uses the Site "as is", i.e., as it is offered and as it is available when he connects and views its content.

  • Explus is not responsible, neither towards the User, nor towards subjects directly or indirectly connected to the User, for damages, claims or losses deriving from disservices or suspensions of the Site and related Services due to causes not directly attributable and/or connected to its activity. By way of example but not limited to, Explus will not be responsible for any:

    • inaccurate or non-compliant use of the Site or of the Services made available to Users, including the entry of false or inaccurate data when completing the registration form pursuant to the following art. 5.1;
    • connectivity and internet connection continuity issues suffered by Users;
    • problems affecting the devices used by the Users, their characteristics and/or due to any failures of the same;
    • compatibility problems between the devices used by Users and the technical characteristics of the Site.
  • Without prejudice to the provisions of the previous art. 3.2, in no case can Explus be held responsible for the failure to fulfill its obligations due to unforeseeable circumstances or force majeure such as, by way of example but not limited to, actions by Public Authorities, floods, fires, accidents, suspensions or telecommunications problems lightning, system failures not attributable to the same, interruptions or overload of energy flows, failures or interruptions of telephone lines attributable to the activity of the manager (or concessionaire) of the lines themselves, as well as interruptions or suspensions not attributable to or in any case independent of the will of Explus or deriving from third parties.
  • Except what defined between the parties in relation to specifically undertaken obligations, the Company reserves the right, at any time, without any form of notice and without any obligation to indemnify and at its sole discretion, to close the Site and/or carry out any changes and/or additions to its content that it deems appropriate.
  • The Website contains content and/or links, via links or other methods (e.g. API) to third-party sites and requires, for the purposes of managing payments and purchases of NFT and/or Experience, the use of services and/or or extensions (by way of example and not limited to, self-hosted wallets) which are not owned, controlled or managed by the Company and in relation to which Explus assumes no responsibility ("Links").
  • Explus does not guarantee that the Website is free from viruses, although it has periodically updated antivirus systems. Given the innumerable methods of transmission of computer viruses and their speed of diffusion, Explus does not assume responsibility for any damage caused by the transmission of undetected viruses.

• Services available to registered users

  • To benefit of some Services it is mandatory to create a personal account ("Personal Account"), by registering on the Website. In particular, registered Users will be able to:

    • purchase the Products offered by Explus by accessing the Personal Account with the authentication credentials chosen during registration;
    • access through Links to third-party sites in order to purchase NFT and/or Experience.
    • upon consent and having accepted the Newsletter privacy information, receive the newsletter relating to the products and/or services offered by Explus.

• Registration on the website, account creation and credentials management

  • To create a Personal Account it is necessary to register on the Site by providing, in a complete and truthful manner, all the data requested in the registration form ("Form in Electronic Registration Format").
  • Upon compilation of the Electronic Registration Form, the User will be asked to choose the authentication credentials necessary to access the Personal Account.
  • The authentication credentials consist of (i) the username, corresponding to the e-mail address indicated in the Electronic Registration Form ("Registered Address"), and (ii) the password chosen by the User when completing the Form in Electronic Registration Format and (“Authentication Credentials”).
  • The User may modify, integrate or correct the information relating to his Personal Account and Authentication Credentials at any time by accessing the Personal Account.
  • The Authentication Credentials are confidential and unequivocally attribute to the User the actions, acts and facts performed on the Website. All manifestations of will, acts and facts producing legal and economic effects performed by the User on the Website using their Credentials of Authentication will be attributed to the User in an incontestable way. The User is therefore responsible for the confidentiality of his Authentication Credentials and undertakes to use them personally and exclusively on his own devices.
  • The User commits to immediately notify Explus of any unauthorized use of his Authentication Credentials and any other fact that violates their security. In any case, Explus will not be held responsible for any damage caused by the use of the Authentication Credentials by third parties, with or without the User's authorization and regardless of whether the latter is aware of it. In any case, the User will be held responsible for any losses and/or damages suffered by Explus and/or third parties due to the use of his Authentication Credentials by another person.
  • Explus reserves the right to suspend the Personal Account in case of repeated entry of an incorrect username or password during authentication or in all cases where this is necessary to guarantee the security and confidentiality of the Personal Account against possible access unauthorized.
  • The User acknowledges and expressly accepts that the purchase of the Products is subject to the prior identification of the User/Buyer through the procedure available from time to time on the Website.
  • The User is informed and accepts that the information entered for the purpose of creating or updating the Personal Account are valid as proof of his identity. The information entered by the Purchaser commits him from their confirmation.
  • The User is solely responsible for the information provided to the Company during registration and identification and for the fact that it is accurate, truthful and complete.
  • Once the registration procedure has been completed and the General Conditions of Use and General Conditions of Contract have been accepted, the User will receive a registration confirmation email at the Registered Address, to which a link will be attached to download the General Conditions on a durable medium and General Terms and Conditions accepted.

• Shutdown of personal account

  • The User has the right to deactivate his Personal Account at any time. The deactivation request can be made by the User by sending an email to the address contact@explus.tech or through the additional methods made available from time to time on the Site.
  • Upon receipt of the User's deactivation request, Explus will deactivate the User's Personal Account and Authentication Credentials, then notifying the latter.
  • In the event of alleged violations of the General Conditions, also in accordance with the provisions of the previous art. 5.7, Explus reserves the right to deactivate or suspend the Personal Account of the concerned User at any time and to interrupt access to the Services until the lawfulness of the User's behavior is ascertained.

• Intellectual and industrial property

  • The Site and its contents are protected by current legislation disciplining the protection of intellectual and industrial property rights.
  • Unless otherwise and specifically provided, all the materials available on the Website (such as, by way of example but not limited to: logos, trademarks and other distinctive signs, photographs) may be used for informational purposes only; any other different use must take place with the express authorization of the Company or, if different from this, of the owner of the rights exercisable on them for any reason; it is expressly forbidden to make any commercial use or distribution of them unless expressly authorized.
  • The names of products and/or services and of companies that may be mentioned on the website may be trademarks of their respective owners, therefore unauthorized use of the same is expressly prohibited.
  • Reproduction of the graphics and structure of the Website is prohibited. The structure elements of the Site may not be copied or imitated.
  • Except as defined in a separate agreement relating to the use of the website, no right is allowed to the User on the software relating to the website, including updates, and on the relative source codes.
  • It is expressly forbidden for the User to carry out the activities referred to in art. 64-bis L. 633/41, such as, by way of example but not limited to: the extraction, reproduction, translation, adaptation, distribution to the public in any form or the transfer of the Software to third parties for any reason carried out, whether paid or free. Without express authorization, the User is prohibited from carrying out interventions on the Software, even for the correction of any faults and/or defects, as well as duplication, debug, disassembly, transformation, modification of the software.
  • It is not permitted to use direct links to the home page and internal pages of this Website without express authorization.
  • All rights not expressly granted are reserved.

• Third Party Links and Services

  • The User is aware that the Site includes Links that are not owned, controlled or managed by the Company and in relation to which the Company assumes no responsibility. The Links are accessed, managed and used by the User under his own exclusive responsibility. Explus, therefore, declines any responsibility regarding the content and activities of the Links. The User, therefore, is aware and agrees to have to pay the utmost attention in the fruition and use of the Links, undertaking to carefully read the respective conditions of use and the related privacy regulations, as well as any documentation having legal relevance published on the respective web sites. For further clarification of the foregoing, in no case does the Company undertake management and/or custody commitments for the User's wallet(s) and/or the Metamask self-hosted wallet extension used by the User for the purposes of these General Conditions.

• Privacy

  • All personal data of the User, including those provided by the User during registration pursuant to the previous art. 5, are treated in compliance with current legislation on privacy (EU Regulation 2016/679 and Legislative Decree no. 196/2003 and subsequent amendments). For all the necessary information, please refer to the privacy policy accessible via the link in the footer of the Website.

• Governing Law and Jurisdiction

  • These General Conditions are governed by Italian law.
  • Disputes between the Company and users connected or connected to the use of the Site are reserved to Italian jurisdiction and are the exclusive territorial jurisdiction of the Court of Milan, without prejudice to the cases of mandatory jurisdiction in favor of the judge of the place of residence or domicile of the consumer (Customer) pursuant to the Consumer Code.

• Contacts and support

  • The User may request support from the Company through the customer assistance service by writing an e-mail to the address: contact@explus.tech. The Company will provide feedback to the User as soon as possible.

• Amendments and Final Terms

  • The Company reserves the right to make changes to the Website and to the General Conditions at any time. The changes will take effect from the date of their publication on the Site. The User must always refer, as the current version, to the text of the General Conditions published on the Site at the time of consultation.
  • Should one of the clauses of the General Conditions be declared null or ineffective by the competent authority, the same will continue to have full effect for the part not affected by said clause, unless the same constituted an essential and decisive reason for the conclusion of the relationships.
  • These General Conditions are drawn up in Italian, this English translation is only draft for easy reference to international users.
  • The circumstance that the Company does not at any time assert the rights recognized by one or more clauses of these General Conditions cannot be understood as a waiver of such rights nor will it prevent the subsequent claiming of compliance with each and every contractual clause.

These legal notices are updated as of 09/16/2022