What are the General Terms and Conditions about Digital Skills Academy?

The Terms and Conditions are the legal terms governing the purchase and the utilization of Digital Skills Academy by Talent Garden.

1. PURPOSE

1.1. Talent Garden S.p.A and its subsidiaries, on the basis of applicability, ("TAG") are obliged, towards the Participant, to provide, directly or through the support of third parties, only the services described in this contract (the "Contract"), consisting of the provision and administration of lessons, the supply of related educational material, educational assistance, and, in the case of full-time master's programs, participating - for participants who meet the requirements to receive the diploma (as defined in article 8 of this agreement) - in selection days organized with companies from its own network operating throughout the national territory, as indicated on the explanatory web page of the purchased educational service.

1.2. Training takes place at the venue or on the platform or website indicated on the web page explaining the training service purchased.

1.3. In the case of full-time Master's courses, the student is required to pay a deposit of €900 at the time of enrolment. In any case, for both full-time Master's courses and any other type of course provided, the total enrollment fee ("Enrolment Fee") must be paid in full prior to the commencement of the Master's course or course. Any instalment payments or other forms of deferred payment shall be agreed upon in writing between the Parties.

1. REGISTRATION

Notwithstanding point 8.1, the enrolment of the participant in the training course shall be deemed to have been completed upon the full completion of the online registration form, with the specific approval of this Agreement and the related restrictive clauses and with the payment of the Enrolment Fee indicated in Section 1.3.

1. PAYMENT METHODS AND TERMS

3.1. As indicated on the web page explaining the purchased training pathway, payment of the fee must be made without fail within the deadlines specified therein, in line with the provisions of point 1.3 (unless specific exceptions are made)

3.2. In the event that deferred payment is granted, failure to pay even just one of the instalments of the Enrolment Fee (payment shall be considered as unpaid if more than 7 days have elapsed since the deadline indicated on the web page explaining the purchased training course without payment of the Enrolment Fee having been made) shall make it impossible to participate in the Training Course and any enrolment fee instalments already paid shall be forfeited. In addition, TAG reserves the right to take action to recover any unpaid amounts - in addition to any damages – which in no way may be used for future training courses.

3.3. The Participant acknowledges that, in accordance with the provisions of Article 11 below, the purchased training courses may be invoiced by entities that are part of the TAG group.

1. SCHOLARSHIPS

4.1. TAG may implement procedures for the award of scholarships covering all or part of the Registration Fee.

4.2. In the case of scholarships covering all or part of the Enrolment Fee, the Enrolment Fee is due in any case unless otherwise agreed between the Parties. The participant undertakes to attend at least 80% of the scheduled lessons; should this not be the case, the scholarship will be considered revoked and the participant will be obliged to pay the full Enrolment Fee on request by TAG and within thirty calendar days of the end of the training course.

4.3. The awarding of scholarships is at the sole discretion of TAG

4.4. In this particular case, the participant, who applies within 3 days before the event through which the scholarship covering the full Registration Fee will be awarded, will be able to attend that event. The results of the selection will be announced no later than 14 days after the relevant test has taken place.

4.5. A participant who does not receive a Scholarship shall pay the full Enrolment Fee as set out in this Contract; a participant who receives a Scholarship shall pay nothing beyond the Enrolment Fee.

1. OWNERSHIP

The training material delivered, including in digital format, during the course of the training course is the property of TAG. Therefore, it may not be copied, distributed or used in any other way by the participant, with the exception of personal use only for training purposes related to the training course.

1. TERMINATION AND WITHDRAWAL

6.1. Only if the participant is a consumer within the meaning of the consumer code, he/she may exercise the right of withdrawal within 14 days from the date of registration and approval of this Agreement by following the instructions given in the appropriate section of the website; the proper exercise of the right of withdrawal entitles the participant to a refund of any sums already paid if the course has not yet started. If the participant has used at least one day of the training programme within the 14-day period within which to exercise the right of withdrawal and exercises the right of withdrawal after that day, the participant shall not be entitled to a refund of the amount already paid.

6.2. Withdrawal beyond the time limits set out in Article 6.1 shall not enable any rights to reimbursement. In this case, the participant will be required to pay the full Registration Fee. The participant, however, will be given the option of attending the next cycle of the training course, if any, or another TAG training course to which he/she is admitted, within one calendar year from the date of commencement of the training course, without prejudice to the payment of any price adjustment.

6.3. The Participant acknowledges and expressly recognizes, finally, that for certain categories of training products offered by TAG, the right of withdrawal may be excluded if the conditions of Article 59 of the Italian Consumer Code (Legislative Decree 6 September 2005, no. 206) apply. These categories include training courses consisting of digital content provided via intangible media, such as pre-recorded digital training content. The Customer expressly acknowledges and agrees that by purchasing training products in this category and starting the service during the 14-day withdrawal period, they will lose their right of withdrawal pursuant to Article 59, paragraph 1, letters a) and o) of the Italian Consumer Code.

6.4 In any event, TAG reserves the right, at any time and at its sole discretion, to terminate this Contract in its entirety by reimbursing in full any sums already paid by the student, without this entitling the student to make any kind of claim against TAG.

1. PROGRAMME CHANGES

7.1. TAG reserves the right to postpone or cancel the scheduled training course by sending notice 14 days before the start date to the email address indicated by the participant, under his/her own responsibility, in the online registration form. TAG's only obligation in this case will be to reimburse any amounts already received. Other charges and/or obligations are expressly excluded.

7.2. TAG also reserves the unquestionable right to change the programme and/or venue of the training course and/or to replace the teachers. In this case, nothing shall be due from TAG for any reason whatsoever.

1. EDUCATIONAL REGULATIONS, ATTENDANCE, DIPLOMA

8.1. The participant is obliged to fully adhere to the Educational Regulations available on the dedicated platform prior to the start of the course. Failure to do so will result in the inability to participate in the training course and will not entitle you to reimbursement.

8.2. Attendance is compulsory. Absences of more than 20%, as per the Educational Regulations, will result in the inability to sit the final examinations, receive the corresponding diploma and, where applicable, prevent access to interview proposals.

8.3. At the end of the training, TAG will issue a diploma – a private qualification not recognised by the Ministry of Education, University and Research – as well as any further certifications. For this purpose, successful completion of all examinations and regular and full payment of the Registration Fee are required.

1. PROJECTS

9.1. Any projects entrusted by training partner companies and carried out in working groups are the property of TAG and the partner company. Personal projects designed and carried out by the participant are to be considered the property of TAG and the participant himself/herself, and the participant is entitled to include them in his/her personal portfolio.

9.2. The participant authorises TAG to use his/her pieces of work, theses and any other work and/or project carried out or designed during the training course freely and free of charge, for promotional and advertising purposes and in compliance with the laws in force.

9.3. With the delivery, publication and/or distribution of the project, the participant guarantees that the pieces of work, theses, works and projects carried out are the result of personal work and, being aware of the penal sanctions in the event of false declarations, that they are the exclusive product of their own creativity and are not the result of forgery and/or plagiarism; they are not contrary to the law, public order and morality; do not violate any right, whether registered or not, of intellectual and/or industrial property of third parties, such as, by way of example but not limited to, copyrights, trademarks, patents, ornamental designs and utility models; do not violate any right of third parties deriving from the law, from contracts, from customs and habits; have been carried out by obtaining all the necessary and specific authorisations and/or disclaimers from all the parties involved in various ways in their execution. Therefore, by publishing the work, the participant assumes all responsibility for the content, lawfulness, nature, quality and truthfulness of the works published in the media and mass distribution, and at the same time exonerates TAG and its assignees from any responsibility and burden of verification and/or supervision in this regard. The participant shall exempt and hold TAG and its assignees harmless from any and all claims for compensation and/or damages demanded and claimed by third parties as a result of the publication.

1. TRAINING COURSE VIA PLATFORM OR WEBSITE

10.1 If the training course takes place online on the platform or on the website indicated on the web page explaining the training service purchased, the participant must be provided, at his or her own cost and expense, with access to the World Wide Web (Internet), either directly or by means of tools that enable access to the content located on the Web, as well as the necessary equipment for connecting to the Internet.

10.2 TAG may, at any time, terminate access to the platform or website if justified reasons of security and/or guarantee of confidentiality arise, in which case it will notify the participant as soon as possible. The participant acknowledges and accepts that TAG may terminate access to the platform or website without notice and/or terminate the Contract immediately if it receives a notice and/or request from any competent administrative, arbitration or judicial authority.

10.3 In the event of malfunctioning of the infrastructure, platform or website made available to the participant, TAG will take all means reasonably necessary to remedy the situation as quickly as possible, except in cases where the malfunctioning is due to facts not directly attributable to it.

10.4 Authentication credentials to the platform or website may not, in any way, be transferred or used by third parties without TAG's express permission and prior authorisation. The participant shall be solely liable for any consequences related to the loss of his/her authentication key.

10.5 The participant undertakes to use the platform or website in compliance with the rules in force, and therefore to strictly avoid a) engage in unlawful activities via the platform or website; b) perform actions that discredit TAG's image; c) perform actions that may cause material or immaterial damage to other parties of any nature whatsoever d) attempting to probe, examine, penetrate or test the vulnerability of the platform or the related authentication procedures or the website, whether using passive or invasive techniques, without TAG's express written consent; e) using the platform or the website to violate, contravene or cause to be contravened the laws in force in Italy or in any other State.

10.6 TAG endeavours to ensure the best functionality of the platform or the website, but accepts no liability towards the participant, and in any case towards third parties, for delays, malfunctioning, suspension and/or interruption in the provision of the platform or the website caused by causes not attributable to it, such as but not limited to: a) unforeseeable circumstances, catastrophic events or force majeure; b) made by the third party, including TAG's suppliers; c) malfunctioning or non-compliance of the connection devices with which the participant is equipped or in any case of those used by the participant; d) tampering with or intervention on the platform or website or on the equipment carried out by the participant or by third parties not authorised by TAG; e) breakdowns and malfunctions of hardware and software, whether owned by TAG and/or its suppliers.

10.7 The participant agrees that TAG, at its sole discretion and without being held liable for any breach or violation of the Contract, reserves the right to suspend or terminate access to the Platform or the Website, even without prior notice, in the event that: a) the participant defaults or violates any of the provisions of the Contract; b) there are reasonable grounds to believe that the platform or website is being used by unauthorised third parties; c) there are cases of force majeure or circumstances that, in TAG's sole discretion, require emergency action or the resolution of security problems, danger to the entire network and/or to persons or property; in this case, the platform or website will be reinstated when TAG, in its sole discretion, has assessed that the causes that led to its suspension/interruption have been effectively removed or eliminated; d) the participant becomes involved, in any capacity whatsoever, in any judicial or extrajudicial dispute of a civil, criminal or administrative nature where such dispute relates to the use of the platform or the website which is the subject of this Agreement; e) if there are justified reasons for security and/or guarantee of confidentiality f) if the participant uses the platform or the website for unlawful purposes, including the violation of intellectual and industrial property laws, copyrights or other property rights of third parties, or in an illegal manner or for the creation or distribution of illegal content or in violation of the laws in force in Italy or in any other country. In all such cases, the participant acknowledges and accepts that he/she shall have no claim to compensation, indemnity, reimbursement or any other title.

1. TRAINING COURSE PROVIDED BY ENTITIES OTHER THAN TAG

11.1. The Participant acknowledges that certain training courses offered by TAG may be provided by companies that are part of the TAG group or by third-party partners.

11.2. The Participant expressly acknowledges and agrees, therefore, that the training courses in question, although offered by TAG, may be provided by entities other than TAG and take place at the premises of these entities, without the Participant having any claim for compensation, indemnity, refund, or any other title.

11.3. Even in the event that the training course offered by TAG is provided by different entities, the clauses of this Agreement, as well as the obligations assumed and guarantees provided by the Participant, remain valid and effective.

11.4. Information relating to the training courses, including the entities involved in the provision of the related services, is made available within the respective brochures present on the platform, or on the explanatory web pages of the purchased training service. For further information regarding the training courses, the Participant can contact TAG directly through the channels made available on the platform.

1. PERSONAL DATA PROCESSING

12.1 The Data Controllers of the participant's personal data are the Talent Garden Group Companies

12.2 TAG will process the participant's data as specified in the privacy policy, provided pursuant to Articles 13-14 of Regulation (EU) 2016/679 ("GDPR"), which can be freely accessed at https://knowledge.talentgarden.com/en/kb/privacy-policy and when purchasing the training course.

12.3 If third parties are involved in the management, delivery and/or organisation of the training course, any possible different roles in the processing of personal data can be consulted when purchasing the training course.

1. PROHIBITION OF ASSIGNMENT OF THE CONTRACT

13.1 The Contract is not assignable, in whole or in part, except by prior written agreement between TAG and the participant.

13.2 The participant is personally liable for any damage caused in the spaces that will host the training course.

13.3 TAG is not liable for the loss of personal items on its premises or on the premises that will host the lessons.

1. APPLICABLE LAW, ARBITRATION AND ELECTION OF DOMICILE

14.1 This Agreement shall be governed by the laws of Italy.

14.2 The parties to this agreement shall deal fairly with each other. The parties must give each other written notice of any respective breach and, where appropriate, allow a reasonable time for the resolution of the breach. The parties shall resolve complaints, grievances and disputes in good faith and with good will, through fair and reasonable direct communications and negotiations. Should these attempts prove unsuccessful, the parties shall submit disputes (with the sole exclusion of the recovery of certain, liquid and collectable debts arising from breach of contract, with reference to which the parties may, as an alternative to conciliation, file ordinary injunction proceedings with the competent judicial authority) arising from this contract to the conciliation attempt provided for by the Conciliation Service of the Chamber of Arbitration of Milan. In the event that the attempt fails, disputes arising out of or in connection with this Agreement (with the sole exception of the recovery of certain, liquid and collectable debts arising out of breach of contract, in respect of which the Parties may, as an alternative to arbitration, file ordinary injunction proceedings with the competent judicial authority) shall be settled by arbitration in accordance with the Rules of the Chamber of Arbitration of Milan, by a sole arbitrator, appointed in accordance with such Rules. With reference to breaches of pecuniary obligations appealable by injunction the competent court shall be that of Milan.

14.3. Communications and notifications relating to disputes concerning non-performance of this Contract shall be made exclusively at the following addresses:

for the participant, the address indicated in the online registration form;

for Talent Garden Italia S.r.L.: Piazza Città di Lombardia no. 1, 20124, Milan (MI)

Version updated July 2024

In accordance with Articles 1341 and 1342 of the Italian Civil Code, the Participant, having read the rules contained in this Contract, declares his/her approval, clause by clause, of the following articles: 3. TERMS AND CONDITIONS OF PAYMENT; 4. SCHOLARSHIPS; 6. TERMINATION AND WITHDRAWAL; 7. PROGRAMME CHANGES; 8. EDUCATIONAL REGULATIONS, ATTENDANCE, DIPLOMA; 9. PROJECTS; 10 TRAINING VIA PLATFORM OR WEBSITE; 12. PROHIBITION OF ASSIGNMENT OF THE CONTRACT; 13. APPLICABLE LAW, ARBITRATION AND ELECTION OF DOMICILE.

The Participant