The following Terms and Conditions (the “T&C”), available on the website www.docsity.com (the “Site”) govern the use of the subjected service (referred to as the “Service”), provided to You as user (the “User/s” or “You”).
General terms and conditions for the use of our "Study Opportunities" service
SECTION B: "STUDY OPPORTUNITY SERVICE" TERMS & CONDITIONS
1.
1.1 - “generalist”, also of a commercial nature, on market research and for the administration of approval questionnaires concerning education-related topics (Master's degrees, webinars and other training and/or work opportunities), also by means of the Newsletter;
1.2 - organisational (e.g. reminders for participation in events and webinars);
1.3 - “personalised”, also of a commercial nature, based on the collection of information about the User (e.g. geographical, country of origin) or indicated by him (e.g. master's degree of interest) on topics relevant for the latter in the context of training and/or work opportunities (e.g. Courses, Master's degrees, Webinars, etc.)
The Service consists of sending communications which are:
2.
Furthermore, if User gives his consent, he agrees that Docsity may transfer his personal data to its partner university and/or higher education institution(s), who may then contact the User.
3.
By accepting to send the request the User represents that he has read, understood and agreed to be legally bound by these T&C without limitation or qualification. User further agrees that all decisions of Docsity shall be final and conclusive.
4
User shall declare having reached the age of majority, or having been authorised to use this Service by the person exercising parental responsibility over him.
5
The Service is free of charge. However, the provision of this service entails costs on the side of Docsity. Therefore, instead of requiring payment from the User for the use of the service, we ask the User to contribute to the growth of our Users’ base by subscribing to our Newsletter. Therefore, the User is aware and accepts that the use of the Service implies automatic subscription to the Newsletter, and to receive e-mail communications based on his interests (notwithstanding the possibility of unsubscribing later).
General terms and conditions for the use of our "Study Opportunities" service
SECTION A: GENERAL TERMS & CONDITIONS FOR THE SERVICE
1.
INTRODUCTION
1.1
The Service is made accessible by Docsity from the domain docsity.com or other platform controller by Docsity.
1.2
The domain docsity.com and its subdomains are the exclusive property of Docsity.
2.
ACCEPTANCE OF THE T&C
2.1
By clicking on the “Yes” option at the beginning of the questionnaire, you accept the T&C, thereby entering into a legally binding agreement with Docsity.
3.
CONDITIONS OF USE FOR THE USER
3.1
The User acknowledges and accepts that:
Docsity will process the User’s Data in accordance with the provisions of the Privacy Policy;
Docsity will provide the Service according to the needs related to any scheduled or extraordinary and unmissable maintenance work;
the costs of connection to the Internet network, and those possibly related to the connection modalities, are at the User’s expense.
4.
USER’S REQUESTS
4.1
The User may address requests to Docsity through the methods or tools indicated in the section "Contact” of the Site which hosts the Service. These tools may be used, by way of example - and not limited to - to submit ideas or share doubts to Docsity.
Docsity has no legal obligation to respond to the User’s requests.
4.2
4.3
If the User provides ideas, suggestions, or other feedback in connection with the use of the Service ("Feedback"), such Feedback is not confidential and may be used by Docsity without restriction and without payment to the User.
4.4
Docsity will process the Data transmitted by the User when contacting Docsity for the sole purpose of executing the requests governed by the TOS or the Special Sections, and therefore on the basis of assumptions of a contractual nature, in accordance with the provisions of the Privacy Policy.
5.
RIGHTS OF DOCSITY
5.1
modify, update, suspend, limit or interrupt the operation of the Services at any time, or change and/or replace its domain name;
analyse the traffic on the Site hosting the Service (e.g. detect the most visited pages, the number of visitors per hour or per day, the geographical origin, the average connection time, the browsers used, the origin of the visitor - from search engines or from other Sites -, phrases and words searched for, etc.) in order to understand how it is used and manage, optimise and improve it, or even just for statistical purposes;
solve operational or technical problems (e.g. anomalies in page loading);
perform monitoring activities to repel and/or prevent cyber-attacks and/or fraud.
Docsity has the right to:
6.
WARRANTY EXCLUSIONS AND NO ASSISTANCE
6.1
The Services is provided on an "AS IS" and "AS AVAILABLE" basis and Docsity makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability and fitness for a particular purpose), and may be temporarily inaccessible or otherwise defective or delayed.
Docsity will make every reasonable effort to ensure that the User has continuous and uninterrupted access to the Service but will not, under any circumstances, be liable if the Service made available to the User (even free of charge) is temporarily or permanently inaccessible.
6.2
6.3
In particular, Docsity does not represent or warrant that
the Service will meet the User’s requirements;
the Service will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Service will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by the User through the Services will meet the User’s expectations;
any errors in the Services will be corrected.
6.4
Any material accessed, downloaded, or otherwise obtained through the use of the Service is done at the User’s own discretion and risk and the User will be solely responsible for any damage to the User’s computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the User from Docsity or through or from the Site will create any warranty not expressly stated in the Agreement.
6.5
You agree that from time to time We may remove the services for indefinite periods of time, or cancel the Service at any time, without notice to You. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to You. because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Docsity’s liability will be limited to the extent permitted by law.
6.6
Docsity will use reasonable efforts to protect information submitted by You in connection with the Service, but You acknowledge and agree that Your submission of such information is at Your sole risk, and Docsity hereby disclaims any and all liability to You for any loss or liability relating to such information in any way.
6.7
Neither Docsity nor its employees, agents, or third-party content providers will be liable for any loss resulting from use or unavailability of information or content on or in connection with the service, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory or incidental damages, even if they have been advised of the possibility of such damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of net, computer virus or other similar item, telecommunications errors, or unauthorized access to, or use of user information through theft or any other means. We are not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect the Site. In no event will Docsity or any of its directors, officers, agents, employees, assigns, or third-party content providers be held liable for any tortuous or illegal conduct of other Visitors. In no event will Docsity or any of its agents, employees, or assigns be held liable for any damage to equipment, hardware, or other property of user or personal injury that arises in connection with use of the Service.
Docsity will not be liable for any errors, inaccuracies, omissions and, more generally, for damages caused, directly or indirectly, by decisions taken or initiatives undertaken by the User or by Third Parties on the basis of (and/or as a result of) the use of the Services.
6.8
6.9
Docsity does not guarantee the provision of technical assistance in relation to the Services.
2.2
If You do not agree with any of these provisions, We strongly recommend You not to go on with the answers.
(a)
(b)
(c)
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(d)
(e)
1.
OBLIGATIONS OF THE USER
The User undertakes to:
1.1
not to use the Service in an improper manner, for purposes that are not permitted by law or contrary to morality, to spread computer viruses, to perform activities that may compromise the security of the Service or damage it, to access the Service using automated tools (such as collection bots, robots, spiders or scrapers);
provide their true data;
not to violate any term of the Agreement applicable to the Users, depending on the Services that they use; the Applicable Laws and the Privacy Laws of Italy and/or of the country in which he/she is located and/or of the country in which he/she resides, or in any case applicable to the activities he/she carries out;
to respect the rights of Docsity and/or of Third Parties.
2.
POWERS OF DOCSITY
Docsity may, at its sole discretion and without any obligation to pay compensation:
2.1
deny any of the Users further registrations to the Site and Services and/or access to the Site;
take against any of the Users any action for its own protection, including those aimed at obtaining compensation for damages.
3.
TERMINATION
3.1
Notwithstanding anything contained in the Agreement, We reserve the right, without notice and in our sole discretion, to terminate Your right to access or use the Service at any time and for any or no reason, and You acknowledge and agree that We will have no liability or obligation to You in such event and that You will not be entitled to a refund of any amounts that You have already paid to us, to the fullest extent permitted by applicable law.
4.
SEVERABILITY
4.1
If any term, Clause or provision of the Agreement is held invalid or unenforceable, then that term, Clause or provision will be severable from the Agreement and will not affect the validity or enforceability of any remaining part of that term, Clause or provision, or any other term, Clause or provision of the Agreement.
5.
LIMITATION OF LIABILITY
5.1
The liability for damages to each User will in all cases be limited to, and under no circumstances will exceed, Docsity’s service fees actually received by Docsity from such User.
6.
WAIVER
6.1
The Users will be liable, indemnifying and holding harmless Docsity, for any action, including reasonable legal fees, brought by Third Parties and aimed at obtaining compensation for damages relating to violations of the obligations referred to in Clause 1 of this Section.
7.
CONTRACT CHANGES
7.1
Docsity reserves the right at any time to modify this Agreement and any legal document (including, by way of example, the T&Cs, the Privacy Policy, etc.), or to add at any time new or additional terms or conditions on Your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
8.
THIRD-PARTY MATERIALS
8.1
Docsity is not responsible or liable for third party materials included within or linked from the Service.
9.
INTELLECTUAL PROPERTY
9.1
Unless otherwise indicated on the Service with specific reference to certain items on the Site which hosts the Service, Docsity is the exclusive owner of all Intellectual Property Rights on the Site and on the Service. The Service is the property of Docsity or Docsity's licensors. All Docsity trademarks, services marks, trade names, logos, domain names, and any other features of the Docsity brand are the sole property of Docsity or its licensors. The T&Cs and all its Sections do not grant You any rights to use any of such features whether for commercial or non-commercial use.
9.2
The provision of the Service by Docsity will not be considered as an assignment or licensing by Docsity in favour of the Users of any Intellectual Property Right on the Service present on the Site, or as the object of any other different right of use by the Users and/or Third Parties.
9.3
All trademarks and logos reproduced on the Site belong to their legitimate owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Docsity has no rights over such trademarks and logos, except for its own.
10.
FORCE MAJEURE
10.1
Docsity will not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the blockchain or Docsity tecnological Systems or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables Docsity to provide the Services.
11.
YOUR RIGHTS TO USE THE SERVICE
11.1
Subject to Your compliance with the Agreement (including any other applicable terms and conditions), We grant to You limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service. This Access will remain in effect unless and until terminated by You or Docsity. You agree that You will not redistribute or transfer the Service.
11.2
The Docsity software applications are licensed, not sold or transferred to You, and Docsity and its licensors retain ownership of all copies of the Docsity software applications even after installation on Your Devices.
12.
YOUR DEVICE
12.1
allow the Docsity Services to use the processor, bandwidth, and storage hardware on Your Device in order to facilitate the operation of the Docsity Service;
provide advertising and other information to You, and
to allow our business partners to do the same.
INFRINGEMENT CLAIMS
13.
13.1
Docsity respects the rights of intellectual property owners. If You believe that a Service or part of it infringes Your copyright, please contact us.
MISCELLANEOUS
14.
14.1
The Agreement regulates the relationship between Docsity and the User and does not create rights in favour of, nor obligations against, Third Parties.
14.2
Any tolerance by Docsity of the conduct of the Users in violation of the provisions contained in the Agreement does not constitute a waiver of the rights arising from the provisions violated, nor the right to require the exact fulfilment of all terms and conditions therein.
14.3
Docsity does not provide Services to individuals who do not have the legal capacity to act to accept the Agreement as set out in their home country's legislation.
14.4
The rights and remedies included herein are not exclusive, but are in addition to any other rights and remedies available under applicable law.
14.5
Any limitation or exclusion of liability provided for in favour of Docsity in the Agreement will apply to the fullest extent permitted by law.
14.6
In the event of any conflict betWeen the provisions contained in these Common Rules and those set out in the other Sections, the latter will prevail unless expressly stated otherwise.
14.7
If there are no conflicts betWeen the Common Rules and the provisions contained in any of the Special Sections both will be integrated and interpreted together.
14.8
The provisions contained in the Common Rules apply to all legal documents available on the Site, unless a specific legal document expressly excludes the application of the Common Rules.
Docsity will process data of Users in accordance with the Privacy Policy.
15.
15.1
PROCESSING OF PERSONAL DATA
The Agreement is governed by Italian Law. Any dispute concerning the interpretation, execution, termination or validity of the Agreement will be submitted to the exclusive jurisdiction of the Court of Turin, Italy.
16.
16.1
APPLICABLE LAW AND JURISDICTION
16.2
Should the provisions of this Clause be inapplicable according to the mandatory rules of the country of the Users, then the applicable law and the competent Court will be determined according to the laws of such Country.
16.3
If You are a Consumer, You may have additional rights and protections provided by the local law of the country from which You are accessing the Site or using the Platform for purchase purposes.
You also grant to us the right to:
(a)
(b)
(c)
(d)
(a)
(b)
(a)
(b)
(c)
PREAMBLE
SECTION A: GENERAL TERMS & CONDITIONS FOR THE SERVICE
1.
1.1
The Service is made accessible by Docsity from the domain docsity.com or other platform controller by Docsity.
1.2
The domain docsity.com and its subdomains are the exclusive property of Docsity.
2.
2.1
By clicking on the “Yes” option at the beginning of the questionnaire, you accept the T&C, thereby entering into a legally binding agreement with Docsity.
2.2
If You do not agree with any of these provisions, We strongly recommend You not to go on with the answers.
INTRODUCTION
ACCEPTANCE OF THE T&C
3.
CONDITIONS OF USE FOR THE USER
3.1
The User acknowledges and accepts that:
Docsity will process the User’s Data in accordance with the provisions of the Privacy Policy;
Docsity will provide the Service according to the needs related to any scheduled or extraordinary and unmissable maintenance work;
the costs of connection to the Internet network, and those possibly related to the connection modalities, are at the User’s expense.
4.
USER’S REQUESTS
4.1
The User may address requests to Docsity through the methods or tools indicated in the section "Contact” of the Site which hosts the Service. These tools may be used, by way of example - and not limited to - to submit ideas or share doubts to Docsity.
4.2
Docsity has no legal obligation to respond to the User’s requests.
4.3
If the User provides ideas, suggestions, or other feedback in connection with the use of the Service ("Feedback"), such Feedback is not confidential and may be used by Docsity without restriction and without payment to the User.
4.4
Docsity will process the Data transmitted by the User when contacting Docsity for the sole purpose of executing the requests governed by the TOS or the Special Sections, and therefore on the basis of assumptions of a contractual nature, in accordance with the provisions of the Privacy Policy.
5.
RIGHTS OF DOCSITY
5.1
Docsity has the right to:
modify, update, suspend, limit or interrupt the operation of the Services at any time, or change and/or replace its domain name;
analyse the traffic on the Site hosting the Service (e.g. detect the most visited pages, the number of visitors per hour or per day, the geographical origin, the average connection time, the browsers used, the origin of the visitor - from search engines or from other Sites -, phrases and words searched for, etc.) in order to understand how it is used and manage, optimise and improve it, or even just for statistical purposes;
solve operational or technical problems (e.g. anomalies in page loading);
perform monitoring activities to repel and/or prevent cyber-attacks and/or fraud.
The Services is provided on an "AS IS" and "AS AVAILABLE" basis and Docsity makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability and fitness for a particular purpose), and may be temporarily inaccessible or otherwise defective or delayed.
6.
6.1
WARRANTY EXCLUSIONS AND NO ASSISTANCE
6.2
Docsity will make every reasonable effort to ensure that the User has continuous and uninterrupted access to the Service but will not, under any circumstances, be liable if the Service made available to the User (even free of charge) is temporarily or permanently inaccessible.
In particular, Docsity does not represent or warrant that
6.3
the Service will meet the User’s requirements;
the Service will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Service will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by the User through the Services will meet the User’s expectations;
any errors in the Services will be corrected.
6.4
Any material accessed, downloaded, or otherwise obtained through the use of the Service is done at the User’s own discretion and risk and the User will be solely responsible for any damage to the User’s computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the User from Docsity or through or from the Site will create any warranty not expressly stated in the Agreement.
6.5
You agree that from time to time We may remove the services for indefinite periods of time, or cancel the Service at any time, without notice to You. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to You. because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Docsity’s liability will be limited to the extent permitted by law.
6.6
Docsity will use reasonable efforts to protect information submitted by You in connection with the Service, but You acknowledge and agree that Your submission of such information is at Your sole risk, and Docsity hereby disclaims any and all liability to You for any loss or liability relating to such information in any way.
6.7
Neither Docsity nor its employees, agents, or third-party content providers will be liable for any loss resulting from use or unavailability of information or content on or in connection with the service, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory or incidental damages, even if they have been advised of the possibility of such damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of net, computer virus or other similar item, telecommunications errors, or unauthorized access to, or use of user information through theft or any other means. We are not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect the Site. In no event will Docsity or any of its directors, officers, agents, employees, assigns, or third-party content providers be held liable for any tortuous or illegal conduct of other Visitors. In no event will Docsity or any of its agents, employees, or assigns be held liable for any damage to equipment, hardware, or other property of user or personal injury that arises in connection with use of the Service.
6.8
Docsity will not be liable for any errors, inaccuracies, omissions and, more generally, for damages caused, directly or indirectly, by decisions taken or initiatives undertaken by the User or by Third Parties on the basis of (and/or as a result of) the use of the Services.
6.9
Docsity does not guarantee the provision of technical assistance in relation to the Services.
(a)
(b)
(c)
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(d)
(e)
SECTION C: COMMON RULES
1.
1.1
The User undertakes to:
2.
2.1
Docsity may, at its sole discretion and without any obligation to pay compensation:
OBLIGATIONS OF THE USER
POWERS OF DOCSITY
not to use the Service in an improper manner, for purposes that are not permitted by law or contrary to morality, to spread computer viruses, to perform activities that may compromise the security of the Service or damage it, to access the Service using automated tools (such as collection bots, robots, spiders or scrapers);
provide their true data;
not to violate any term of the Agreement applicable to the Users, depending on the Services that they use; the Applicable Laws and the Privacy Laws of Italy and/or of the country in which he/she is located and/or of the country in which he/she resides, or in any case applicable to the activities he/she carries out;
to respect the rights of Docsity and/or of Third Parties.
deny any of the Users further registrations to the Site and Services and/or access to the Site;
take against any of the Users any action for its own protection, including those aimed at obtaining compensation for damages.
3.
TERMINATION
3.1
Notwithstanding anything contained in the Agreement, We reserve the right, without notice and in our sole discretion, to terminate Your right to access or use the Service at any time and for any or no reason, and You acknowledge and agree that We will have no liability or obligation to You in such event and that You will not be entitled to a refund of any amounts that You have already paid to us, to the fullest extent permitted by applicable law.
4.
SEVERABILITY
4.1
If any term, Clause or provision of the Agreement is held invalid or unenforceable, then that term, Clause or provision will be severable from the Agreement and will not affect the validity or enforceability of any remaining part of that term, Clause or provision, or any other term, Clause or provision of the Agreement.
5.
LIMITATION OF LIABILITY
5.1
The liability for damages to each User will in all cases be limited to, and under no circumstances will exceed, Docsity’s service fees actually received by Docsity from such User.
6.
WAIVER
6.1
The Users will be liable, indemnifying and holding harmless Docsity, for any action, including reasonable legal fees, brought by Third Parties and aimed at obtaining compensation for damages relating to violations of the obligations referred to in Clause 1 of this Section.
7.
CONTRACT CHANGES
7.1
Docsity reserves the right at any time to modify this Agreement and any legal document (including, by way of example, the T&Cs, the Privacy Policy, etc.), or to add at any time new or additional terms or conditions on Your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
8.
THIRD-PARTY MATERIALS
8.1
Docsity is not responsible or liable for third party materials included within or linked from the Service.
9.
INTELLECTUAL PROPERTY
9.1
Unless otherwise indicated on the Service with specific reference to certain items on the Site which hosts the Service, Docsity is the exclusive owner of all Intellectual Property Rights on the Site and on the Service. The Service is the property of Docsity or Docsity's licensors. All Docsity trademarks, services marks, trade names, logos, domain names, and any other features of the Docsity brand are the sole property of Docsity or its licensors. The T&Cs and all its Sections do not grant You any rights to use any of such features whether for commercial or non-commercial use.
9.2
The provision of the Service by Docsity will not be considered as an assignment or licensing by Docsity in favour of the Users of any Intellectual Property Right on the Service present on the Site, or as the object of any other different right of use by the Users and/or Third Parties.
9.3
All trademarks and logos reproduced on the Site belong to their legitimate owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Docsity has no rights over such trademarks and logos, except for its own.
10.
FORCE MAJEURE
10.1
Docsity will not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the blockchain or Docsity tecnological Systems or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables Docsity to provide the Services.
11.
YOUR RIGHTS TO USE THE SERVICE
11.1
Subject to Your compliance with the Agreement (including any other applicable terms and conditions), We grant to You limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service. This Access will remain in effect unless and until terminated by You or Docsity. You agree that You will not redistribute or transfer the Service.
11.2
The Docsity software applications are licensed, not sold or transferred to You, and Docsity and its licensors retain ownership of all copies of the Docsity software applications even after installation on Your Devices.
12.
YOUR DEVICE
12.1
You also grant to us the right to:
allow the Docsity Services to use the processor, bandwidth, and storage hardware on Your Device in order to facilitate the operation of the Docsity Service;
provide advertising and other information to You, and
to allow our business partners to do the same.
13.
INFRINGEMENT CLAIMS
13.1
Docsity respects the rights of intellectual property owners. If You believe that a Service or part of it infringes Your copyright, please contact us.
14.
MISCELLANEOUS
14.1
The Agreement regulates the relationship between Docsity and the User and does not create rights in favour of, nor obligations against, Third Parties.
14.2
Any tolerance by Docsity of the conduct of the Users in violation of the provisions contained in the Agreement does not constitute a waiver of the rights arising from the provisions violated, nor the right to require the exact fulfilment of all terms and conditions therein.
14.3
Docsity does not provide Services to individuals who do not have the legal capacity to act to accept the Agreement as set out in their home country's legislation.
14.4
The rights and remedies included herein are not exclusive, but are in addition to any other rights and remedies available under applicable law.
14.5
Any limitation or exclusion of liability provided for in favour of Docsity in the Agreement will apply to the fullest extent permitted by law.
14.6
In the event of any conflict betWeen the provisions contained in these Common Rules and those set out in the other Sections, the latter will prevail unless expressly stated otherwise.
14.7
If there are no conflicts betWeen the Common Rules and the provisions contained in any of the Special Sections both will be integrated and interpreted together.
14.8
The provisions contained in the Common Rules apply to all legal documents available on the Site, unless a specific legal document expressly excludes the application of the Common Rules.
15.
PROCESSING OF PERSONAL DATA
15.1
Docsity will process data of Users in accordance with the Privacy Policy.
16.
APPLICABLE LAW AND JURISDICTION
16.1
The Agreement is governed by Italian Law. Any dispute concerning the interpretation, execution, termination or validity of the Agreement will be submitted to the exclusive jurisdiction of the Court of Turin, Italy.
16.2
Should the provisions of this Clause be inapplicable according to the mandatory rules of the country of the Users, then the applicable law and the competent Court will be determined according to the laws of such Country.
16.3
If You are a Consumer, You may have additional rights and protections provided by the local law of the country from which You are accessing the Site or using the Platform for purchase purposes.
(a)
(b)
(c)
(d)
(a)
(b)
(a)
(b)
(c)
1.
The following Terms and Conditions (the “T&C”), available on the website www.docsity.com (the “Site”) govern the use of the subjected service (referred to as the “Service”), provided to You as user (the “User/s” or “You”).
2.
The T&Cs, including each of the Special Sections herein contained, the Privacy Policy, and the Cookie Policy, are collectively referred to as the “Agreement”.
3.
The Service is owned and operated by Ladybird S.r.l., a private company limited by shares duly existing and organized under the laws of Italy, with registered office in Via Leonardo da Vinci, 16 - 10126 Torino - VAT number and registration number in the Register of Companies of Turin no. 10816460017, Share capital €20,000.00, Phone: 011/6938436, e-mail Email: dpo@docsity.com Certified Email: ladybirdsrl@legalmail.it (“Docsity” or “We/Us”).
4.
The Services are provided subject to Your acceptance without modification of the Agreement and all other operating rules, policies (including, without limitation, Docsity’s Privacy Policy) and procedures that may be published from time to time on the Site by Docsity.
5.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service and/or the Site You agree to become bound by the Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not use the Service. The Service is available only to to individuals who are at least sixteen years old.
6.
The T&Cs are divided into Special Sections, according to the subject matter that each of them regulates, as follows:
Section A contains the General Terms & Conditions for the Services, i.e. rules that apply to Docsity’s Services in general;
Section B contains the “Study Opportunities Service” Terms & Conditions, i.e. rules that apply to this specific Service;
Section C contains the Common Rules, i.e. rules that apply to any User in addition to other Special Sections;
Section D contains the Glossary, i.e. the Section explaining the meaning of capitalized definitions, which We recommend You consult for a better understanding of this document.
7.
In case of conflict between rules contained in the T&C and rules contained in the other Special Sections, the latter will prevail.
8.
Docsity reserves the right, in its sole and absolute discretion, to amend, modify, alter or supplement the Agreement from time to time.
(a)
(b)
(c)
(d)
SECTION D: GLOSSARY
Agreementhas: the meaning set forth in Clause 2 of the Preamble;
Clause: means any Clause of the General Terms and Conditions or its Special Sections;
Common Rules: has the meaning set forth in Clause 6(d) of the Preamble;
Consumer: means any natural person who is acting for purposes which are outside his/her trade, business or profession;
Data: the information relating to the Users necessary to use the Services, as Well as all the information transmitted by the device with which the Users navigates on the Site and the operations performed (subject to storage, even temporary, on the Site);
Docsity or We: has the meaning set forth in Clause 3 of the Preamble;
Feedback: has the meaning set forth in Clause 4.3 of the T&C;
Glossary: has the meaning set forth in Clause 6(e) of the Preamble;
Intellectual Property Rights: means patents, utility models, designs, copyrights, trademarks or service marks, rights in the topography of semiconductor products, database rights, rights contained in confidential information, including know-how and trade and industrial secrets, moral rights or other similar rights in any country and, whether or not they are registered, any application for registration of any of the foregoing rights and all rights relating to the filing of applications for registration of any of the foregoing rights which are owned by, licensed to or otherwise lawfully used by Docsity;
Marketing: individually or cumulatively, the purposes of sending advertising material, commercial communications, direct selling, market research, submission of satisfaction questionnaires;
Newsletter: the Service consists in sending e-mails to the address provided by the User regarding news, data, information or insights or news about Docsity or Docsity’s Clients and Partner Services and/or Docsity itself (even about Marketing);
Personal Data: means any information concerning an identified or identifiable natural person ("data subject"); an identifiable person is any natural person who can be identified, directly or indirectly, with particular reference to an identifier such as a name, an identification number, location data, an online identifier or one or more characteristic elements of his/her physical, physiological, genetic, mental, economic, cultural or social identity information necessary to use the Services. For more information, We recommend You to read the Privacy Policy;
Preamble: means the opening Section of the T&Cs;
Privacy Policy : means Docsity's privacy policy regarding the processing of personal data of Visitors available here;
Privacy Law: means the EU Regulation 2016/679 ("GDPR") as well as the measures adopted by the Supervisory Authority in execution of the tasks established by the GDPR and other applicable legislation, of any type, including the opinions and guidelines drawn up by the Supervisory Authority;
Special Sections: means Sections A, B, C and D of the T&Cs;
Site: has the meaning set forth in the Preamble;
T&C: has the meaning set forth in the Preamble;
Users or You: has the meaning set forth in the Preamble, and wherever in the Agreement We say "Yours", we are referring to You.
PREAMBLE
1.
2.
The T&Cs, including each of the Special Sections herein contained, the Privacy Policy, and the Cookie Policy, are collectively referred to as the “Agreement”.
The Service is owned and operated by Ladybird S.r.l., a private company limited by shares duly existing and organized under the laws of Italy, with registered office in Via Leonardo da Vinci, 16 - 10126 Torino - VAT number and registration number in the Register of Companies of Turin no. 10816460017, Share capital €20,000.00, Phone: 011/6938436, e-mail Email: dpo@docsity.com Certified Email: ladybirdsrl@legalmail.it (“Docsity” or “We/Us”).
3.
4.
The Services are provided subject to Your acceptance without modification of the Agreement and all other operating rules, policies (including, without limitation, Docsity’s Privacy Policy) and procedures that may be published from time to time on the Site by Docsity.
5.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service and/or the Site You agree to become bound by the Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not use the Service. The Service is available only to to individuals who are at least sixteen years old.
6.
The T&Cs are divided into Special Sections, according to the subject matter that each of them regulates, as follows:
Section A contains the General Terms & Conditions for the Services, i.e. rules that apply to Docsity’s Services in general;
Section B contains the “Study Opportunity Service” Terms & Conditions, i.e. rules that apply to this specific Service;
Section C contains the Common Rules, i.e. rules that apply to any User in addition to other Special Sections;
Section D contains the Glossary, i.e. the Section explaining the meaning of capitalized definitions, which We recommend You consult for a better understanding of this document.
7.
In case of conflict between rules contained in the T&C and rules contained in the other Special Sections, the latter will prevail.
8.
Docsity reserves the right, in its sole and absolute discretion, to amend, modify, alter or supplement the Agreement from time to time.
SECTION B: "STUDY OPPORTUNITY SERVICE" TERMS & CONDITIONS
1.
The Service consists of sending communications which are:
1.1 - “generalist”, also of a commercial nature, on market research and for the administration of approval questionnaires concerning education-related topics (Master's degrees, webinars and other training and/or work opportunities), also by means of the Newsletter;
1.2 - organisational (e.g. reminders for participation in events and webinars);
1-3 - “personalised”, also of a commercial nature, based on the collection of information about the User (e.g. geographical, country of origin) or indicated by him (e.g. master's degree of interest) on topics relevant for the latter in the context of training and/or work opportunities (e.g. Courses, Master's degrees, Webinars, etc.)
2.
Furthermore, if User gives his consent, he agrees that Docsity may transfer his personal data to its partner university and/or higher education institution(s), who may then contact the User.
3.
By accepting to send the request the User represents that he has read, understood and agreed to be legally bound by these T&C without limitation or qualification. User further agrees that all decisions of Docsity shall be final and conclusive.
4.
User shall declare having reached the age of majority, or having been authorised to use this Service by the person exercising parental responsibility over him.
The Service is free of charge. However, the provision of this service entails costs on the side of Docsity. Therefore, instead of requiring payment from the User for the use of the service, we ask the User to contribute to the growth of our Users’ base by subscribing to our Newsletter. Therefore, the User is aware and accepts that the use of the Service implies automatic subscription to the Newsletter, and to receive e-mail communications based on his interests (notwithstanding the possibility of unsubscribing later).
5.
SECTION C: COMMON RULES
SECTION D: GLOSSARY
Agreementhas: the meaning set forth in Clause 2 of the Preamble;
Clause: means any Clause of the General Terms and Conditions or its Special Sections;
Common Rules: has the meaning set forth in Clause 6(d) of the Preamble;
Consumer: means any natural person who is acting for purposes which are outside his/her trade, business or profession;
Data: the information relating to the Users necessary to use the Services, as Well as all the information transmitted by the device with which the Users navigates on the Site and the operations performed (subject to storage, even temporary, on the Site);
Docsity or We: has the meaning set forth in Clause 3 of the Preamble;
Feedback: has the meaning set forth in Clause 4.3 of the T&C;
Glossary: has the meaning set forth in Clause 6(e) of the Preamble;
Intellectual Property Rights: means patents, utility models, designs, copyrights, trademarks or service marks, rights in the topography of semiconductor products, database rights, rights contained in confidential information, including know-how and trade and industrial secrets, moral rights or other similar rights in any country and, whether or not they are registered, any application for registration of any of the foregoing rights and all rights relating to the filing of applications for registration of any of the foregoing rights which are owned by, licensed to or otherwise lawfully used by Docsity;
Marketing: individually or cumulatively, the purposes of sending advertising material, commercial communications, direct selling, market research, submission of satisfaction questionnaires;
Newsletter: the Service consists in sending e-mails to the address provided by the User regarding news, data, information or insights or news about Docsity or Docsity’s Clients and Partner Services and/or Docsity itself (even about Marketing);
Preamble: means the opening Section of the T&Cs;
Privacy Policy : means Docsity's privacy policy regarding the processing of personal data of Visitors available here;
Personal Data: means any information concerning an identified or identifiable natural person ("data subject"); an identifiable person is any natural person who can be identified, directly or indirectly, with particular reference to an identifier such as a name, an identification number, location data, an online identifier or one or more characteristic elements of his/her physical, physiological, genetic, mental, economic, cultural or social identity information necessary to use the Services. For more information, We recommend You to read the Privacy Policy;
Privacy Law: means the EU Regulation 2016/679 ("GDPR") as well as the measures adopted by the Supervisory Authority in execution of the tasks established by the GDPR and other applicable legislation, of any type, including the opinions and guidelines drawn up by the Supervisory Authority;
Special Sections: means Sections A, B, C and D of the T&Cs;
Site: has the meaning set forth in the Preamble;
T&C: has the meaning set forth in the Preamble;
Users or You: has the meaning set forth in the Preamble, and wherever in the Agreement We say "Yours", we are referring to You.
(a)
(b)
(c)
(d)