1 – General notes

ActiveSwinGym Srl, (VAT number 05433330288) with registered office in Padua, via del Cristo n. 92/A, is the owner of the domain www.activeswingym.com and the related web platform which allows the User (athlete or amateur) to use the Services: both free (such as carrying out the sports self-assessment test and streaming viewing of tutorials), and paid services such as the Packages for the independent execution of training sessions as described in the art. 1.3.

The provision and purchase of the aforementioned Services is governed entirely by the provisions of these Terms and Conditions of Sale.

The Services are exclusively intended for the consumer category.

  • Terms and Conditions of Service

This document regulates exclusively the use and purchase of the Services and Products accessible through the Platform pursuant to Legislative Decree no. 206/2005 and Legislative Decree. 70/2003.

For all communications with ActiveSwinGym Srl the following addresses must be used: info@activeswingym.com (for general information), support@activeswingym.com (for customer support), pec: activegym22@pec.it (for any communication with legal relevance).

Before proceeding with the use and purchase of the Services, the User is required to carefully read this document, which will be understood as fully known and expressly accepted by the User from the moment in which the User uses the Services offered by ActiveSwinGym Srl on the Platform.

  • Changes to the Terms and Conditions of Service

ActiveSwinGym Srl reserves the right to modify the General Conditions, including through the insertion of additional and different terms and conditions.

  • The Platform

ActiveSwinGym is a Platform that distributes training tutorials allowing the User to carry out specific and remote training sessions in total autonomy, aimed at increasing sporting skills in the sport of Golf, through the reproduction of videos in streaming via the same Platform or other tools made available by ActiveSwinGym Srl

2 - Glossary

ActiveSwinGym Srl: owner of the Platform (as identified in the previous art. 1.1) and contractual party, as provider of the service and recipient of payments made by Users.

Order Confirmation: informative email summarizing the order and personal data sent by ActiveSwinGym Srl to the User at the email address provided during registration recording containing:

  • summary of the selected products and their prices;
  • the order number;
  • copy of the General Conditions already accepted by the user.

Consumer: natural person who adheres to these Terms and Conditions. A Consumer is defined as someone who purchases even just one of the products and/or uses even just one of the Services offered by the Platform for reasons that cannot be predominantly attributed either to their commercial occupation or to that of a self-employed worker. In fact, the services and products offered on the Platform are intended exclusively for Consumers.

Platform: communication and operation tools and use of the Services between ActiveSwinGym Srl and the Users, accessible on the website www.activeswingym.com and/or applications for mobile devices already available or subsequently implemented by ActiveSwinGym Srl, for example, applications for iOS or Android.

Package: Set of video tutorials provided for a fee on the Platform by ActiveSwinGym Srl for the duration indicated in each product sheet.

Contractual parties: ActiveSwinGym Srl and the User - Consumer who, by using or purchasing the Services and/or Packages offered by the Platform, accepts these Terms and Conditions.

ODR platform: European platform for the online resolution of consumer disputes.

Registration: creation of a profile/account (with insertion of Username and Password) by the User, preparatory to the purchase of Services and Packages offered on the Platform .

Services: video tutorials, information, training programs and methods, and any other notion shared on the Platform by ActiveswinGym Srl for the benefit of Users.

Product sheet: summary description of the product which allows the User to correctly evaluate the Service at the time of purchase as well as indicating to the User the necessary skills and methods for using it.

Terms and Conditions: regulatory provisions described in this document which establish the legal framework for the purchase and use of the Portal Services.

Self-evaluation test: service offered free of charge by the Platform to evaluate the level of training in order to facilitate the identification of the most suitable Services and Packages for the User.

User: adult athlete or amateur who accesses the Platform to use the Services and/or who registers on the Platform.

3 - How to use the Platform

3.1. Platform Services (free use and purchase)

To take advantage of the free services available on the Platform, it is not necessary for the User to register.

Otherwise, the purchase of Services and Packages is necessarily subject to the User's registration by creating an account.

3.2. Minimum conditions for the provision of the Services.

The provision of all Services present on the Platform is intended for Users who have full legal capacity and who are Consumers.

A User who does not have the necessary characteristics described in this article and who nevertheless proceeds to use and purchase the Services (including through the insertion of untruthful information), is prohibited from using the Platform and any account created in violation of the aforementioned conditions may be deactivated.

ActiveSwinGym Srl does not assume responsibility deriving from improper and unauthorized use of the Platform.

The use of the Platform for commercial purposes by third parties and in any case other than ActiveSwinGym Srl is prohibited

Any activity carried out in violation of these General Conditions authorizes ActiveSwinGym Srl to suspend and/or deactivate any account created within the Platform and to prohibit any User from using it.

3.3. Registration

To purchase the Services and Packages, you must necessarily register on the Platform.

Registration, unless the account is cancelled, takes place on a one-off basis and is free, and can be used for every purchase on the Platform.

In consideration of the above, the User is solely responsible for the account access credentials that will be created upon registration by the User himself. The Platform does not keep any trace of the password chosen by the User which, in the event of loss, can be regenerated by the User himself through the specific procedure present on the platform itself.

By registering, the User declares under his own responsibility:

  • that you have reached the age of majority and have the capacity to enter into contracts;
  • that the data provided are correct and truthful;
  • to be a consumer in accordance with the provisions of art. 3 of the Consumer Code;
  • to fully accept the provisions of the General Conditions.

4 - Distance contract: object and method of purchase

This contract constitutes a distance contract, therefore - for paid Services and Packages - will be considered concluded through the express acceptance of the Terms and Conditions of Service by means of flags placed by the User during registration which are equivalent to subscription thereof.

4.1. Object of the contract

The object of the contract stipulated between ActiveSwinGym Srl and the User are the paid Services and Packages offered on the Platform, which will be provided for the duration expressed in each product sheet.

The essential characteristics of Services and Packages are presented on the Platform, in the relevant Product Sheet shown next to the specific Service or Package.

4.2. Purchase of Products: order confirmation and purchase methods

After registration pursuant to art. 3.1 of these Terms and Conditions of Service, the User will be able to purchase Services and Packages on the Platform by filling out the order form by filling the "Cart", which will be transmitted to ActiveSwinGym Srl following the relevant confirmation by the User.

In the same interface in which the virtual cart is displayed, the User will find the description of the product, the relative price and the choice between the means of payment, as well as having to accept the General Conditions again (which may have been updated to pursuant to the previous art. 1.2.).

The purchase order will be concluded with the confirmation of the purchases by the User and with the payment of the price.

Following the order, the Customer will receive an order confirmation to the e-mail address used to register on the Platform which summarizes, for information purposes, the Services and/or Packages purchased, indicating the number of order and methods of use of the same.

The User undertakes to verify the correctness of the data contained in the order confirmation and to communicate any corrections to ActiveSwinGym Srl at the email address support@activeswingym. com no later than 24 (twenty-four) hours from receipt of the same. In case of failure to communicate, the data communicated must be considered correct and, therefore, in the event of an error no responsibility can be attributed to ActiveSwinGym Srl

The order number, generated by the system, must be used by the User in every communication.

ActiveSwinGym Srl may not process purchase orders that are incomplete or incorrect or come from parties other than the consumer, as well as if they do not comply with its commercial policy and even if the payment operations are not completed.

4.3. Prices

The prices of the Products are specifically indicated for each Package.

The prices indicated may be subject to updates which will however be indicated on the Platform at the time of purchase.

Unless otherwise indicated in writing, all prices of the Products are to be considered VAT included and expressed in Euros.

4.4. Payment and invoicing methods

Payment can be made in the following ways:

  • Paypal
  • Credit Card

as specified from time to time in the dedicated section on the Platform.

Regarding credit card payments, it is specified that at no time during the purchase procedure is ActiveSwinGym Srl able to know the information transmitted by the User, via connection protected by an encrypted protocol, directly to the site that manages the electronic payment .

ActiveSwinGym Srl will not retain such data and, therefore, under no circumstances can it be held responsible for any fraudulent or improper use of such information.
For each order placed ActiveSwinGym Srl issues an invoice relating to the purchased Product, registering it with the data provided by the User during registration and to the e-mail address provided, pursuant to art. 14 Presidential Decree 445/2000 and Legislative Decree 52/2004.

5 – User obligations and exemption from liability in favor of ActiveSwinGym Srl.

5.1. Evaluations of the User's health and physical fitness

In order to use the Services and Products offered on the Platform, the User must enjoy a general condition of good health by undertaking to self-certify, under his own responsibility, that he is in good physical condition.

The use of Services and Packages, and above all the execution of the exercises described, is at the risk and responsibility of the User.

Therefore, it is the sole responsibility of the User to contact a doctor in any case (both before starting the performance and in the event of pain or physical discomfort of any kind during the training session) to ascertain actual state of health and therefore suitability for carrying out the Services and Packages purchased.

Furthermore, if the User is aware of any pre-existing clinical condition or medical problem (such as by way of example and not limited to: pregnancy, cardiovascular pathologies; pulmonary or respiratory pathologies; spinal and/or joints; neuromuscular pathologies; surgical procedures; any other health problem) you are required to check with your doctor the suitability for carrying out the Services and Packages purchased before starting to use them.

If you have any doubts about your health (for example because you feel pain, general malaise, breathlessness, nausea or dizziness) you should immediately stop physical activity and consult your doctor.

The services and information offered by the Platform do not constitute in any way a medical recommendation or medical opinion. Therefore, the information and knowledge transmitted via the Platform is not intended to supplement, much less replace, the information and advice provided by doctors and/or experts.

5.2 Execution of the physical activity proposed in the Services and Packages

The User undertakes to carry out the physical activity proposed in the Services and Packages, respecting the provisions described therein, in places suitable for physical exercise, away from objects that can be hit, with protected flooring (if recommended) from mats and/or protective supports suitable for physical exercise.

5.3. Disclaimer in favor of ActiveSwinGym Srl

Pursuant to the provisions of the previous articles. 5.1 and 5.2., by accepting these Terms and Conditions of Service, the User declares to be solely responsible for his own health and exempts ActiveSwinGym Srl from any liability for damages that may arise:

  • following incorrect, partial and/or absent checks on one's state of health, such as to jeopardize one's condition;
  • from incorrect execution of the exercises or from their execution in places unsuitable for correct and safe carrying out of physical activity.

6 - Right of withdrawal

6.1. Method of exercising the right of withdrawal

The User has the right to withdraw from the contract, without indicating the reasons, within 14 days of the conclusion of the contract itself.

After the aforementioned 14-day period has passed, the User will no longer be able to exercise the withdrawal.

To exercise the right of withdrawal, the User must formally notify:

  • by registered mail with return receipt, to the address ActiveSwinGym Srl, Padua, via del Cristo n. 92/A


Once the communication has been received, ActiveSwinGym Srl will send a confirmation of receipt of the withdrawal notice within 72 hours, to the email address communicated by the User during registration.

6.2. Cases of exclusion and effects of withdrawal

By signing these Terms and Conditions of Service, the User agrees to renounce the exercise of the right of withdrawal in the event of:

  • purchase of Packages for a total amount of less than €50.00, pursuant to art. 47, co. 2, Consumer Code;
  • express acceptance to renounce your right of withdrawal at the moment of the beginning of the execution of the contract and therefore from the beginning of use of the Services and Packages, in accordance with the provisions of the art. 59, co. 1, letter. o) Consumer Code.

In all other cases provided for by law, if the User exercises his right of withdrawal, ActiveSwinGym Srl will refund the User, without undue delay, all payments made no later than 14 days from the day of communication of withdrawal.

These refunds will be made using the same payment method used for the initial transaction and ActiveSwinGym Srl may withhold the transaction costs incurred by it from the amount being refunded.

7 - Rights of use on the contents of the Platform

The Services and Products offered by ActiveSwinGym Srl may contain content protected by copyright or otherwise and for which the Platform Owner holds the rights.

It is not permitted to save, reproduce, modify, process, copy, distribute, publish or disseminate and/or retransmit by any means the contents published on the Platform (for example, on other sites or via email, as well as their file sharing or messaging services).

In these cases, ActiveSwinGym Srl will be entitled to take legal action, both in civil and criminal matters, to protect its rights and interests.

Any right of use expires from the moment of deactivation of the User account and at the end of the contract of use.

The User agrees and acknowledges that the Platform, the contents and any other information relating to the Products and Services are the property of ActiveSwinGym Srl

8 - Rights of ActiveSwinGym Srl

ActiveSwinGym Srl reserves the right to refuse the registration of Users without providing explanations.

In this case, the transmitted data will be immediately deleted.

If the User provides false, inaccurate, not updated or incomplete data, or ActiveSwinGym Srl has reasonable grounds to suspect that such data is false, inaccurate, not updated or incomplete, ActiveSwinGym Srl has the right to immediately suspend or close the account of the User in question without notice and to refuse any current or future use of the Services, without the Registered User being entitled to a refund of any amounts previously paid.

In any case, ActiveSwinGym Srl reserves the right to contact the User at any time to verify the registration data.

ActiveSwinGym Srl reserves the right to modify options or features present on the Platform and on any additional supports, without thereby creating limitations on the use of Services and Packages.

9 - Obligations of the User

In addition to what is provided for pursuant to the previous art. 7, the User also undertakes and expressly accepts to use the Platform only for private and personal purposes and therefore not for commercial or industrial purposes or for any other different purpose (in particular, but without limitation, for dangerous activities or medical).

It is prohibited to sell, rent, transfer, issue the Products and Services in any form or use them for any other commercial purpose.

It is possible to use the Services and Packages only within the Platform and in the manner defined by ActiveSwinGym Srl

The User is required to protect his account from unauthorized access and any fraudulent use.

The User is therefore invited to promptly communicate to ActiveSwinGym Srl via e-mail at support@activeswingym.com, any use unauthorized or fraudulent account or any suspicion that your personal account may be at risk.

In response to such communications, ActiveSwinGym Srl has the right to close or delete the account of any registered User in the event of unauthorized or fraudulent use of the account itself.

10 - Duration, termination and cancellation

The User has the right to cancel his account at any time, without having to provide a reason.

The cancellation of the account by the User will be equivalent to withdrawal without notice which will provide for the termination of the contractual relationship; in this case, the sums already paid will not be refunded, not even on a pro-rata basis.

ActiveSwinGym Srl reserves the right to withdraw from the contract of use, without having to indicate any reason, but not before the deadlines for using the purchased Services and Packages have expired, in particular in the event of even minor or repeated violations of the clauses of the user agreement and/or the Terms and Conditions.

10 - Processing of personal data

ActiveSwinGym Srl manages the User's personal data in compliance with current privacy legislation.

The User can view the Privacy Policy by clicking on the following link

11 - Online dispute resolution

Since the User qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, in case of disputes, through the ODR platform (https://ec.europa.eu/ consumers/odr/) will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which they are involved.

12 - Applicable law, language and jurisdiction

Italian law applies to this contract.

With regards to commercial transactions with customers within the European Union, the law of the consumer's country of sale may also be applied only if this contains provisions on consumer regulations that are mandatory to apply.

The language of the contract is Italian.

13 - Safeguard clause

If any clause of the Terms and Conditions is or becomes completely or partially invalid, this will not affect the remaining clauses.

14 - Contacts

ActiveSwingGym Srl
Via del Cristo, n. 92/A
35127, Padua (PD)

For information: info@activeswingym.com
For customer support: support@activeswingym.com
Pec: activegym22@pec.it

Pursuant to articles. 1341 and 1342 cc, the User expressly declares to accept the provisions of the following articles:

  • 1.2 – “Changes to the Terms and Conditions of Service”;
  • 3 – “How to use the Platform”;
  • 4 – “Distance contract: object and method of purchase”;
  • 5 – “User obligations and exemption from liability in favor of ActiveSwinGym Srl”;
  • 6.2 – “Causes of exclusion and effects of withdrawal”;
  • 7 – “Right to use the contents of the Platform”;
  • 9 – “Obligations of the User”;
  • 10 – “Duration, termination and cancellation”.