What are the Terms of Service?

The Terms of Service are the legal terms regulating use of the Talent Garden Services, with the exception of those services having different and/or supplementary terms and conditions and/or which may require acceptance of additional terms and conditi

The company Talent Garden S.p.A. having its registered office in Milan (MI) Piazza Città Di Lombardia 1,Economic and Administrative Index MI-2099746 – Vat number IT03340710981, represented by its pro tempore legal representative (hereinafter “Talent Garden”), manages and maintains the “Talent Garden Services” (hereinafter “Talent Garden Services”) which include, by way of nonlimiting example (i) the web platform, all the subdomains and all the other digital assets in its possession, managed or maintained, either directly or indirectly, by Talent Garden and by its affiliated companies (“Platform”); (ii) the mobile application developed by Talent Garden, making it possible to use certain features of the Platform (“APP”); (iii) the Products, including the related services, developed and offered by Talent Garden, such as, by way of nonlimiting example, periodic subscriptions for accessing the Talent Garden community, entrance to the Talent Garden spaces and use of the related services; access to offices and meeting rooms; access to exclusive spaces for organising events; access to training schools managed directly by Talent Garden or third party partners (“Products”); 

Access to and use of the Talent Garden Services by any User is subject to these Terms of Service (“TOS” or “Terms of Service”). By clicking on the “accept” button, browsing on the Platform, downloading the APP, or using the Talent Garden Services in another manner, the User hereby declares: (i) that they have read, understood and accepted that they are bound by these TOS (ii) that they have been vested with all rights and powers required to enter into this license agreement and to fully and effectively implement the content of same.

Certain Talent Garden Services may have different and/or supplementary terms and conditions and/or terms and conditions which may require acceptance of additional terms and conditions. In the event of any conflict between these TOS and the terms and conditions indicated for certain specific Talent Garden Services, the latter terms and conditions shall prevail with regard to use and/or access to such area of the Talent Garden Services, depending on the specific case.

Definitions

The following terms shall have the meanings indicated hereinbelow, it being understood that the defined terms in the plural are also defined in the singular and vice versa:

TOS indicates these general Terms of Service (“Terms of Service”) regulating use of the Talent Garden Services, with the exception of those services having different and/or supplementary terms and conditions and/or which may require acceptance of additional terms and conditions.

Talent Garden indicates Talent Garden S.p.A. having its registered office in Milan (MI) Piazza Città Di Lombardia 1, Economic and Administrative Index MI-2099746 – Vat number IT03340710981, p.e.c. [certified email] talentgarden@pec.it in the person of its pro tempore legal representative;

User indicates any party using the Talent Garden Services;

Talent Garden Services indicates a summary of the services offered by Talent Garden which include, by way of nonlimiting example, the Platform, the APP and the Products;

Platform indicates Talent Garden’s web platform, all the subdomains, and all the digital assets in its possession, managed or maintained, directly or indirectly by Talent Garden and by its affiliate companies;

APP indicates the mobile application developed by Talent Garden, making it possible to use certain Platform features;

Products indicates the Products, inclusive of the related services, developed and offered by Talent Garden such as by way of nonlimiting example, periodic subscriptions for accessing the Talent Garden community, entry to Talent Garden spaces and use of the related services; access to offices and meeting rooms; access to exclusive spaces for the organisation of events; access to training schools managed directly by Talent Garden or third party partners;

Order indicates a purchase order made by the User for the use of certain Talent Garden Products and provision of the related services;

Confidential Information indicates information, data, knowledge, know-how, studies, research methods, procedures, formulas, ideas, projects, drawings, trademarks, technical reports, software, source codes and all other matters on or in any manner relating directly and/or indirectly to the Platform, to the APP, to the Products and to the activity carried on by Talent Garden, which are classified as confidential by same or otherwise, in any case, whose unauthorised dissemination may be harmful to Talent Garden’s interests;

Acceptance and amendment of these terms

1. The User acknowledges that by accepting these TOS they are entering into a binding legal agreement with Talent Garden.
2. The User represents that it is wholly aware that acceptance of the above by means of electronic tools constitutes a valid, binding act of consent. This also applies to any expressions of consent or acknowledgement of receipt of any communications or notifications provided by Talent Garden and relating to any amendments, revisions or cancellations in respect of policies, procedures and/or these TOS.
3. The User acknowledges that the sector in which Talent Garden operates as well as the services offered by same are characterised by a high degree of technical and regulatory complexity and by constant technological developments and market requirements, and consequently the need may arise for Talent Garden to adapt its organisation and/or the technical and functional structure of the services offered to its own client base (also in the interests of the latter). The User therefore accepts that these TOS may be amended by Talent Garden at any time and for any reason.
4. Talent Garden shall inform the User of any of the aforementioned amendments, which must be accepted within the time limit of 30 days after the date on which notice of same is communicated, unless the User decides to withdraw before expiry of this time limit without any consequences.

User’s account and purchase of Products

1. In order to be able to use certain features of the Talent Garden Services, the User must create a named user account and provide the data required for registration. For further information read our Privacy Policy Statement at https://talentgarden.org/it/privacy-policy/
2. Types of account: the “Free” account is a User account for those wishing to browse and access certain Talent Garden Services; the “Member” account is a User account for those wishing to purchase, access and use the Products, with regard to their own entrepreneurial, commercial or personal activities. The User may unlock complete access to the Products by becoming a member of the Talent Garden community, and by purchasing any of the “Membership” type Products and the related services.
3. In all cases the User incurs sole responsibility for the accuracy of data provided during registration and creation of the account. The User is also required to adopt appropriate, adequate measures to avoid improper use or theft of their account, and in order to maintain an appropriate level of security and control over all the devices, passwords and personal identification numbers/codes used for accessing their account.
4. Talent Garden is unable to guarantee the identity of Users, and so the latter must inform Talent Garden should they have reason to believe that their own account has been stolen or subject to unlawful use by others. In all cases, Talent Garden incurs no liability for any fraudulent use of the User’s account by third parties.
5. Talent Garden advises the User to report any theft, misappropriation or alleged misuse of their account to the police. Where necessary, Talent Garden undertakes to cooperate with the User and the relevant authorities. In the event of fraud being committed, Users reserves the right to take all such measures as may be advisable in the circumstances should it be adversely affected by misuse of the Platform.

APP and App Store

1. The User acknowledges that they may use certain Platform features via the APP, through mobile devices belonging to the User or in their possession.
2. The APP and instructions for installation and configuration of same are made available for download in the specific portal which can be found on the Platform and on the Apple and Google app stores as well as at the address https://talentgarden.app/.
3. The User acknowledges that the APP may be made available on one or more of the app stores selected at the discretion of Talent Garden, and that the aforementioned app stores are managed by third parties which are unconnected and separate from Talent Garden and that, accordingly, at any time and without any forewarning, the APP may no longer be available for download from the store or for use by the User. The User herewith therefore waives any and all right to raise claims against Talent Garden with regard to the impossibility of using and/or downloading and/or updating the APP.
4. Talent Garden may provide updates and developments for the APP. The User acknowledges and accepts that when it is deemed advisable at the final discretion of Talent Garden, any updates may cause certain features of the APP to be changed or deleted or to become incompatible with certain devices.

Use of the Services

1. The use of certain Talent Garden Services is regulated, generally, by the terms and conditions set forth in these TOS. The User acknowledges that certain Talent Garden Services may have different and/or supplementary terms and conditions and/or may require the acceptance of additional terms and conditions. In the event of any conflict between these TOS and the terms and conditions indicated for certain specific Talent Garden Services, the latter terms and conditions shall prevail with regard to use and/or access to such area of the Talent Garden Services, depending on the specific case.
2. The User may use the Talent Garden Services solely in the manner expressly allowed by these TOS and/or by the different and/or supplementary and/or additional terms and services contemplated for certain specific Talent Garden Services, and the User shall comply with any technical limitation present in same allowing the User to use it only in certain modes. By way of nonlimiting example, the User may not:
   1. circumvent technical limitations and technological measures presence in the Talent Garden Services;
   2. conduct any procedures involving reverse engineering, translation, disassembly, decompilation, decrypting or deconstructing of the Talent Garden Services (including interfaces and any other piece of data incorporated in or used together with programs which may or may not be technically considered software codes), nor any method or process designed to obtain or convert the Talent Garden Services from one form to another machine-readable and comprehensible form;
   3. reproduce, modify, adapt, customise the Talent Garden Services or create new derivative works;
   4. make copies of the Talent Garden Services unless otherwise permitted by Talent Garden;
   5. sell the Talent Garden Services, in any capacity whatsoever, unless otherwise permitted by Talent Garden;
   6. use the Talent Garden Services in breach of legislation.
3. The User shall incur sole, exclusive liability for all data, documents and/or content stored, sent, published, transferred and/or shared while using the Talent Garden Services. Unless strictly necessary for complying with legal provisions and/or requests advanced by courts of law, under no circumstances whatsoever is Talent Garden required to verify the aforementioned data, documents and/or content and, accordingly, under no circumstances whatsoever may it be held liable for any direct or indirect damage and/or loss of any kind, arising as a consequence of use of same by the User, which undertakes to indemnify Talent Garden and hold it harmless from and against any and all related loss or damage, expenditure, liabilities, costs and/or adverse effects arising therefrom.
4. Under no circumstances may the User use the Talent Garden Services for purposes of disseminating unlawful data, documents and/or content which, by way of nonlimiting example:
   1. conflicts with or infringes industrial and/or industrial property rights held by Talent Garden and/or its successors and assignees;
   2. contains discriminatory, defamatory, slanderous or threatening content;
   3. contains content which is pornographic or obscene or which contains child pornography or which runs counter to public morality;
   4. contains viruses, worms, trojan horses or other digital elements designed to contaminate or destroy;
   5. constitutes spamming, phishing and/or suchlike;
   6. in all cases conflicts with regulatory provisions and/or applicable regulations.
5. The User acknowledges that it must equip itself with the devices, equipment, software, telephone and/or network services and all else which is necessary in order to use the Talent Garden Services. The User shall be required to check the suitability of its own hardware, software and network systems in order to use the Talent Garden Services and herewith waives any claims against Talent Garden and/or its successors and assignees, connected to non-functioning or incorrect functioning of the Talent Garden Services as a consequence of the fact that their hardware, software and/or network systems are unsuitable.

Use of the Products and spaces

1. The User is required to use the Talent Garden Products solely in the permitted manner, in accordance with legislation and respecting the other members of the Talent Garden community, also complying with the instructions, guidelines and directives provided by Talent Garden, such as by way of nonlimiting example, those set forth in the Campus section at the link: https://knowledge.talentgarden.com/it/kb or at Talent Garden’s offices.
2. The User incurs sole, exclusive liability for itself and its own employees, independent contractors and/or guests, in respect of any conduct, declarations and/or improper conduct made whilst using the Talent Garden Products, services and spaces.
3. The User is required to exercise a duty of care whilst looking after all its objects when using the Talent Garden Products services and spaces.

Suspension of Services

1. The User acknowledges and accepts that use of the Talent Garden Services may be subject to suspension, restrictions, delays and other technical problems and, more generally, to electronic communication and electrical systems and/or problems beyond Talent Garden’s control. In such cases Talent Garden may not be held liable for any suspension, delay, failure to deliver or other loss or damage caused by the aforementioned issues.
2. The status of Talent Garden’s essential services may always be viewed at the following address: https://status.talentgarden.com.
3. Talent Garden reserves the right at any time to interrupt provision of the Talent Garden Services to the User in the event of any use which breaches these TOS.

Purchase of the Products

The User acknowledges and accepts that purchase of the Products requires placement of Purchase Orders, requiring acknowledgement and acceptance of additional “General Contractual Conditions” which are available at the following link: https://knowledge.talentgarden.com/it/kb/condizioni-di-contratto  or otherwise at Talent Garden’s offices.

Limitations and Exclusions in respect of Warranties and Liability

1. Talent Garden warrants, to the sole benefit of the User, that the Talent Garden Services shall be made available in a competent, professional manner in accordance with the practices and quality standards which are generally accepted in the sector. Talent Garden’s sole obligation and the User’s sole remedy, with regard to the warranty set forth in this article, shall be to improve the Talent Garden Services in order to ensure that they conform with this warranty.
2. The User warrants and accepts that the Talent Garden Services may be subject to restrictions, delays and other problems relating to the use of Internet and, more generally, to electronic communication systems and/or problems beyond Talent Garden’s control and relating to the Internet network or to the operator. In such cases Talent Garden incurs no liability for delays, non-delivery or other loss or damage arising as a consequence of the aforementioned issues.
3. The User acknowledges and accepts that the Talent Garden Services are provided on an “as is basis” and that Talent Garden issues no express or implied statements and warranties as to the fact that the Talent Garden Services may be suited to meeting the User’s requirements or purposes.
4. The User acknowledges that save for cases of wrongful intent or gross negligence, under no circumstances does Talent Garden incur any liability for loss or damage caused to the User or to third parties as a consequence of improper use or non-use of the Talent Garden Services.
5. Save for the eventuality of wrongful intent or gross negligence, neither does Talent Garden incur any liability for any loss or damage due to loss of profits, loss of income or consequential damage, loss or compromising of data, downtime, loss of business opportunities or benefits of any other type, penalty payments, delays or other instances of liability incurred by the User towards third parties caused, either entirely or partially through the use or failure to use the Talent Garden Services.
6. In all cases, save for cases of wrongful intent or gross negligence, Talent Garden’s liability may not exceed the amount paid by the User in the year in which the event giving rise to Talent Garden’s liability occurs.

Indemnification

In the event of breach of the terms and conditions as per these TOS, or otherwise improper use of the Talent Garden Services, the User shall be required to indemnify Talent Garden, its employees and independent contractors and successors and assignees and partners and hold them harmless from and against any complaint, cost, legal action, legal dispute or claim and any loss, damage, liability, ruling, penalty, interest and expense (including by way of example, legal fees) arising from complaints, legal actions, investigations, enquiries or other proceedings brought by any party.  

Confidentiality

1. The User acknowledges that all the Confidential Information, as defined above, is confidential and reserved and, accordingly, undertakes not to use such information or to disclose it to third parties, in any manner whatsoever, using any means, for purposes other than those as per these TOS. The above confidentiality obligation does not pertain to information which is already in the public domain.
2. The User undertakes to protect the confidentiality of the Confidential Information with the same duty of care as it adopts to protect the confidentiality of its own confidential information and in all cases with the professional diligence required to protect such Confidential Information.
3. In addition to the purposes contemplated in this article, the Confidential Information may not be copied or reproduced without Talent Garden’s prior written consent.

Industrial and Intellectual Property

1. Talent Garden has sole title to and shall continue to have sole title to all the industrial and/or intellectual property rights pertaining to the Talent Garden Services and the Confidential Information, in addition to any idea, invention, program (including software, documentation and written programs, studies et cetera) and all else which is or has been prepared, completed, developed, created, discovered, conceived or written entirely or partially by Talent Garden.
2. Under no circumstance whatsoever may the User acquire any industrial and/or intellectual property right or other ownership right from Talent Garden under the terms of these TOS, including – by way of nonlimiting example, rights to patents, models, know-how, designs, trademarks, copyright or rights to any commercial information or trade secret pertaining to the Talent Garden Services and/or the Confidential Information.
3. The User may not therefore acquire any other right to the Talent Garden Services and/or the Confidential Information, on top of those granted by Talent Garden under the terms of these TOS or otherwise by means of a specific, separate written document entered into with Talent Garden.
4. Upon termination, howsoever caused, of the agreement, the User shall be required to return all the material and documentation pertaining to the Confidential Information provided by Talent Garden, whenever requested.
5. Subsequent to termination, howsoever caused, of the agreement as per these TOS, the User is absolutely prohibited from publishing, producing or preparing derivative works, distributing copies, disclosing Confidential Information to third parties, using or availing itself of any Confidential Information.
6. The User acknowledges and accepts that none of the provisions of these TOS may adversely affect any right or recourse to forms of protection and remedies which Talent Garden may claim, pursuant to any applicable law protecting its industrial and/or intellectual property rights or any other of Talent Garden’s property rights.

Reporting an infringement

1. Should the User have reason to believe that the materials accessible on the website and/or whilst using the Talent Garden Services infringe its own industrial and/or intellectual property rights, it may request the removal of such material by contacting Talent Garden and sending a notice which must include each one of the following elements:
   1. Description of the work protected by law which is deemed to have been infringed;
   2. Identification of the Platform material relating to the Talent Garden Services which is deemed to be harmful, with the related URL or any other relevant detail allowing for proper identification;
   3. Name, address, telephone number and email address;
   4. A declaration in which the User contends in good faith that it has reason to believe that the usage being objected to is not authorised by the owner of the allegedly infringed material and/or by its agent or by the law.
   5. A declaration in which the User declares that the information provided in the notice is accurate and that it has title to the rights over the allegedly infringed material, or is authorised to take action on behalf of the respective owner.
2. Complaints of infringement of industrial and/or intellectual property rights must be sent to the following address:

Talent Garden S.p.A. | Abuse Department

Piazza Città Di Lombardia, 1 20124 – Milan (MI)

e-mail: privacy@talentgarden.com

Any notification sent by a User which fails to comply with the aforementioned requirements shall not be considered sufficient and/or capable of effectively bringing to Talent Garden’s attention the facts or circumstances clearly demonstrating the infringed material or infringement of industrial and/or intellectual property rights.

Talent Garden advises the User to seek the advice of its own legal consultant prior to filing a complaint.

Force Majeure

Talent Garden incurs no liability to the User for any actions outside its reasonable control, including, by way of nonlimiting example, causes of force majeure, acts or failure to act on the part of public authorities, civil disorder, actions by civil or military authorities, wars, embargoes, employment disputes, fires, earthquakes, epidemics, flooding, and unusually rigid weather conditions, or shortage or lack of electric power, without any limitations, including primary energy and breakdown of the backup systems.

Successors and Assignees

1. All references to Talent Garden contained in these TOS are deemed to include, depending on the case, a reference to the respective successors and assignees. The provisions of these TOS shall be binding on the User in favour of any of Talent Garden’s successors and/or assignees.
2. The User herewith, pursuant to article 1407 of the civil code, grants its consent to the assignment of the contract by Talent Garden.
3. The User is not entitled to transfer or assign its rights and/or obligations arising under these TOS without first obtaining Talent Garden’s prior written consent.

Privacy Policy & Cookies

1. The Privacy Policy affecting the User can be viewed at the following link: https://talentgarden.org/it/privacy-policy/
2. The Cookie Policy can be viewed at the following link: https://talentgarden.org/it/cookie-policy/

Hyperlink

The User acknowledges and accepts that the website and/or certain features of the Talent Garden Services may contain hyperlinks redirecting to third-party sites. It is agreed that Talent Garden has no control over these sites and herewith declines all liability for access, content or use of such sites.

No waiver

Failure on the part of Talent Garden to exercise any right accruing to it under these TOS does not constitute a waiver of such right, and neither must it be interpreted as such by the User and/or by any other party.

Entire agreement and single clauses

Should any of the clauses of these TOS be or become invalid or ineffective, such invalidity or ineffectiveness shall not adversely affect the validity or effectiveness of the remaining clauses, which shall therefore remain effective between the parties. The parties agree to replace any invalid or ineffective clauses with clauses which are valid and effective and which reflect the parties’ desires as closely as possible.

Compliance with Legislation

The User undertakes to comply with all applicable European Union, state and local laws, including regulations relating to the processing and dissemination of all data, in addition to all applicable rules and regulations, terms and conditions of all applicable websites, third-party platforms or applications.

Applicable Law and Court exercising exclusive Jurisdiction

1. These TOS are subject to Italian law.
2. Milan law court shall exercise exclusive jurisdiction in respect of any dispute pertaining to or arising out of these TOS.

Contacts

Talent Garden sets great store by and appreciates all connections with its own Users and also appreciates all feedback, questions, comments and requests on the Talent Garden Services. You may contact us through the following mail: info@talentgarden.com.