D I G I T A L W O R K C I T Y

Regulation for the use of the platform

These Regulations govern the use of the Digital Work City Platform owned by Whitelibra S.r.l. (hereinafter referred to as “Platform”).

The Rules apply to all users who have an account (observer, full member, project manager, project owner, sponsor, administrator) and its acceptance is a necessary condition for the activation and use of the account.

Before accessing and using this Platform, be sure to read the following terms of service carefully. By using this Platform you agree to the terms of service. If you do not agree with the terms of service, please do not use our Platform.

This document together with the privacy policy, cookie policy and user guide (hereinafter referred to as the “Agreement”) set forth the terms and conditions applicable to the access and use of the Platform available at the following address https://next.digitalworkcity.com/users/sign_in (“Platform”), owned by Whitelibra S.r.l. – P.I./C.F 10789710968 (hereinafter referred to as the “Digital Work City”), for any visitor/user (hereinafter referred to as the “User”).


1. ACCEPTANCE OF THE TERMS AND MODIFICATION THEREOF

1.1 Access to the Platform by the User constitutes full recognition and acceptance of all the terms, conditions and notices set out in this Agreement without modification and/or exception by the User. If the User does not agree with any part of these terms, conditions and notices, the User shall not have access to the Platform.

1.2 Whitelibra reserves the right to change the terms and conditions under which the User accesses the Platform.

Notification of any changes to the terms and conditions will be sent to the User. Access to the Platform and the use of its services by the User following the aforementioned communication is to be understood as full and complete acceptance of the new contractual conditions.


2. NATURE AND PURPOSE OF THE SERVICE

The service consists of access to the Platform and its applications by users previously selected and authorized by Whitelibra. Each user will have at their disposal authentication credentials as well as the possibility to use all the services without the need for any installation for their functionality.

The Platform is designed to facilitate meetings, collaboration and training between professionals who can carry out their work remotely, subject to selection of the most suitable candidates by Whitelibra. Therefore, the accounts/accesses created must be used exclusively for these purposes.

Whitelibra, in compliance with the purposes described above and in the analysis of the curricula provided by Users during registration, will apply only neutral selection criteria, such as, by way of example and not limited to, professional qualification, work experience, degree of specialization, academic qualifications acquired. These criteria will never be based on age, physical appearance, gender, ethnic origin, religion, geographical origin, trade union membership, political or philosophical beliefs, sexual orientation.

Any denial of access to the Platform will give the User the only right to obtain a refund of any registration fee already paid.

Acceptance of these Regulations presupposes acceptance of the Terms of Service of the suppliers, that can be consulted on the respective websites.


3. LIMITATIONS FOR THE USER

3.1 The User accepts that, given the nature of the Internet, it is possible to access the Platform from all over the world. However, the material and information on the Platform is not intended for use by persons residing in countries that restrict the distribution of such material/information or by any person in any jurisdiction where the distribution or use of such material/information is against the law or any regulation. It will be the responsibility of each User to know and fully comply with the applicable laws and regulations of the jurisdiction to which the User is subject. If the User is not resident in Italy and uses this Platform, the User acknowledges, understands and agrees to do so on their own initiative and at their own risk. Whitelibra shall not be liable for violation of any of the laws applicable to the use of the Platform. The Platform shall not be and cannot be construed as an invitation to offer information to residents of countries where Whitelibra is not authorized to engage in activities related to its purpose.

3.2 The User also agrees not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, services or intellectual property of Whitelibra or Third Parties obtained from the Platform in any way. Reproduction, copying of the content for commercial or non-commercial purposes and unjustified modification of data and information within the Platform’s content is not permitted without Whitelibra’s express written consent. Certain content on this website offered by external partners of Whitelibra may be made available for download from the Platform, which allows its use only for the User’s personal purposes.


4. DISCLAIMER OF WARRANTIES

4.1 Whitelibra is committed to ensuring that all information provided by Whitelibra on the Platform is correct, but does not warrant or make any representations regarding the quality, accuracy or completeness of the data or information displayed on the Platform and shall not be liable in any way for any inaccuracies or errors. Whitelibra makes no warranties, express or implied, regarding the Platform and/or its contents and disclaims all warranties of fitness for any purpose.

4.2 Whitelibra will not be held responsible for the unavailability of the Platform at any time and for any reason. The User understands and agrees to be solely responsible for any damage to its computer systems or any other loss resulting from any material obtained or downloaded from the Platform.

4.3 Whitelibra reserves the right to defer the first access to the Platform and its services to a date after 27 October 2020, and up to a maximum of 15 days, without the User being able to make any claim against Whitelibra, for whatever reason, due to the aforementioned deferral.


5. LINKS TO THIRD PARTY SITES AND INTEGRATIONS

5.1 The Platform may contain links to other websites or supplements and may contain material of any kind from other websites or supplements (“Linked Sites” or “Linked Site” and “Supplements” or “Integration”). The Linked Sites and the Integration are not under the control of Whitelibra or the Platform and Whitelibra is not responsible for the content of any Linked Site or Integration, including, without limitation, any link or advertisement contained in a Linked Site or Integration, or any modification or update of a Linked Site or Integration. Whitelibra is not responsible for any form of transmission of any kind received by the User from any Linked Site. The inclusion of any link does not imply endorsement by Whitelibra of the contents of any Linked Site or Integration or any association with its operators or owners.

5.2 Whitelibra is not responsible for any errors, omissions or representations on any Linked Site or any link contained in a Linked Site or Integration. The User should verify the accuracy of all information on their own behalf before relying on information that they believe may be of benefit to them.


6. USER OBLIGATIONS AND TERMS OF USE

6.1 The use of the Platform and the registration to the same is allowed only to Users who, according to the applicable regulations, are of legal age and legally able to act;

6.2 Upon registration and payment, where applicable, of the relevant fee, the User accesses their account by logging in to https://next.whitelibra.com/users/sign_in, entering the user name and password initially provided by the Administrator by email, which will be necessary to change on first access;

6.3 The User may change the password at any time;

6.4 If the password is lost, the user must immediately notify the Administrator in order to reset the password and then request in writing the release of a new temporary password to be changed on the first new access;

6.5 Each account is associated with a natural person and is therefore strictly confidential;

6.6 The User agrees to be acknowledged as the author of messages and all communications sent from their account;

6.7 After registering, the User may at any time modify the settings of their profile and decide whether or not to make their data visible, and in the case of the project owner also the projects, to other Users.
The User accepts that, by deciding to make the data and projects invisible to other Users, they will not be able to access some of the services offered by the Platform.

6.8 The User agrees not to use the Platform to transmit unauthorized commercial communications;

6.9 The user undertakes to use the account exclusively for the purposes indicated in paragraph 2 above;

6.10 The user also undertakes to respect the rules governing conduct in dealing with other users and not to harm the rights and dignity of persons;

6.11 The User undertakes to provide the information requested by the Platform for the purposes indicated in paragraph 2 above. This information must be up-to-date, accurate and truthful;

6.12 The User undertakes to respond promptly to requests received from the Platform Administrator;

6.13 As a condition for access and use of the Platform, the User guarantees that they will not use it for illegal or illicit purposes under any law in force inside or outside the Italian territory or prohibited by this Agreement. Furthermore, the Platform must not be used in a manner that could damage, disable, overburden or impair or interfere with the use and/or enjoyment of the Platform by third parties or violate the intellectual property rights of Whitelibra or third parties;

6.14 It is the sole responsibility of the User to ensure the interoperability between the connectivity, with which they are equipped, and the Platform from which the services are provided;

6.15 The user agrees to pay the amount indicated for the formula selected during the purchase.

It is possible that Whitelibra for promotional purposes will allow the payment of the consideration, provided for the formula selected during the purchase, at a time after the User’s registration.

In this case, the acceptance of the formula selected during the purchase phase by the User determines their subscription to the Platform and gives rise to the User’s obligation to pay.


7. CONTACTS WITH WHITELIBRA

7.1 Users will have a functionality to contact Whitelibra through the Platform. Users will be able to provide their contact information to enable Whitelibra to contact them.

7.2 By using the aforementioned functions, the User allows Whitelibra to contact them about their registered data, for any clarification or to respond to their request.


8. SERVICES OFFERED

8.1 The subscription packages currently offered by Whitelibra are:

  • FREE BASIC ACCESS that allows you to:
    free access to the Platform, after filling in the online form with the required data and acceptance by Whitelibra in accordance with paragraph 2 of these Regulations.
    Enjoy the services of job opportunities, digital business card, personal area, collaboration system and one stop shop base.

  • FULL ACCESS that allows you to:
    access to the Platform upon payment of a fee, after completing the online form with the required data and acceptance by Whitelibra in accordance with paragraph 2 of these Regulations.
    Enjoy services of job opportunities, digital business card, personal area, collaboration system, one stop shop premium, microlearning, tutoring, business intelligence and foreign languages.

  • FREE PROJECT OWNER ACCESS that allows you to:
    free access to the Platform, after filling in the online form with the required data and acceptance by Whitelibra in accordance with paragraph 2 of these Regulations.
    Enjoy services of zero commissions, 5% Cashback on the next project, payment with guaranteed targets, free job posting, digital business card, personal area, collaboration system, one stop shop premium, microlearning, tutoring, business intelligence and foreign languages.

8.2 Details about costs, duration, content and delivery of the subscription packages Free Basic Access, Full Access and Project Owner Access will be specified in the offer published under “costs” on https://web.digitalworkcity.com/it/.

8.3 Whitelibra reserves the right to change the name of subscription packages.

8.4 When a User purchases our products, the data they enter to create their account is transferred to proprietary software called “Whitelibra Version 1”. The User accepts that, in compliance with the Privacy Policy and current legislation, the data provided by them will be uploaded to the Platform. Access to the “Whitelibra version 1” software is covered by “end-to-end” encryption and, to access the software, Whitelibra uses a double authentication procedure that prevents third parties from accessing the data on the Platform. The data collected on “Whitelibra version 1” is consulted only by Whitelibra. 

The User may choose at any time to delete their data on “Whitelibra version 1” by contacting Whitelibra in the manner described in point 7 of this Agreement.

The deletion of the User’s data will result in the closure of the User’s account with the consequent loss of access to the Platform and the data connected to it.


9. COSTS OF SERVICES, BILLING AND PAYMENT METHODS

9.1 The User shall pay Whitelibra, as consideration for the subscription package, the amount indicated for the formula selected at the time of purchase, according to the methods and terms indicated therein.
The amounts are expressed in euros, VAT included, unless otherwise communicated.
According to the chosen subscription formula, the User will make the payment as specified in the shopping cart.

9.2 The User accepts that, where requested, the invoice for the purchase of the subscription issued by Whitelibra will be sent to the email address that the User will have indicated during registration.

9.3 The payment of the fees due will be made using the payment method indicated at the time of activation of the subscription:
Credit Card
Paypal
Bank Transfer

The subscriptions subscribed on the website https://web.digitalworkcity.com/, except for the bank transfer, where indicated, activate the automatic recurrence of payment.
Should the credit card expire at the time of renewal or immediately if another payment method is deactivated, Whitelibra will suspend the provision of the service until the User has settled their debt to Whitelibra.


10. REFUND

10.1 Where payment of a fee by the User is required, the User has a period of fourteen days to withdraw and receive a refund of the subscription to the Platform by Whitelibra ONLY IF the use of the content has not already started (as per Directive 2011/83/EU on consumer rights, implemented in Italy by Legislative Decree no. 21 of 21 February 2014). The User accepts that, by accessing the Whitelibra Platform, they lose the right to reimbursement recognized by law.

The User must notify Whitelibra of his/her intention to withdraw from this contract by means of an explicit declaration sent via pec to whitelibra@pec.it or by registered letter with acknowledgement of receipt to Whitelibra S.r.l. via Galleria Passarella, 1, 20122, Milan.

In order to respect the withdrawal period, it is sufficient for the User to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

Once the communication is received within the terms, Whitelibra will disable the user and refund the amount paid.
The refund of the registration will be made using the same means of payment used for the initial transaction.


11. BLOCKADE

11.1 Without prejudice to the other remedies available to Whitelibra under this Agreement or applicable law, Whitelibra may restrict the User’s activity, immediately temporarily/indefinitely suspend or terminate the User’s use of the Platform, and/or refuse to provide the User with access to the Platform if the User violates this Agreement.

Any measures restricting or preventing the User’s access to the Platform will be communicated in writing to the User via e-mail to the e-mail address provided during registration.

The expulsion order, provided for violation of the obligations indicated in paragraphs 6.9, 6.10, 6.13 and 6.15 of paragraph 6 of this Agreement, is final and does not give the User any right to reimbursement for services not yet used.

For all other measures, it is the User’s right to set out his/her reasons in writing and request a review of the measure by writing to the certified e-mail address whitelibra@pec.it and/or by sending a registered letter with return receipt to Whitelibra S.r.l. via Galleria Passarella, 1, 20122, Milan.


12. PROPERTY AND PROPERTY RIGHTS

12.1 The content of the Platform and all copyrights, patents, trademarks, trade names and all other intellectual property rights contained therein are owned by Whitelibra or validly licensed to Whitelibra and are protected by Italian and international copyright and other intellectual property laws.

The User understands and agrees that they cannot claim any rights to the content of the Platform and/or any part of it.
This latter provision does not apply to the project owner, sponsor and administrator who may, upon express request and acceptance by Whitelibra, become owners of the projects uploaded to the Platform.


13. LIMITATION OF LIABILITY

13.1 The User expressly understands and agrees that, to the extent permitted by applicable law, in no event shall Whitelibra or any of its respective officers, employees, directors, shareholders, agents or licensors be liable to the User or anyone else under any theory of liability (whether in contract, tort, law or otherwise) for any direct, indirect, incidental or consequential damages, special, consequential or exemplary, including, but not limited to, damages for loss of revenue, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew or should have known of the possibility of such damages), arising out of the User’s misuse or negligence or inability to use the Platform or any part thereof.


14. INDEMNIFICATIONS

14.1 The User agrees to indemnify, defend and hold harmless Whitelibra and its directors, officers, employees, agents, third party service providers, and any other third party that provides any services to Whitelibra in connection with the Platform, directly or indirectly, from and against any loss, liability, claim, damage, costs and expenses (including legal fees and disbursements in connection therewith and applicable interest) claimed against or incurred by Whitelibra that arise out of or may be payable under, any breach or failure to perform any term of this Agreement, including any representations, warranties, covenants or agreements made or obligations to be performed by the User under this Agreement.


15. INVALIDITY

15.1 If any provision of this Agreement is held invalid or unenforceable in whole or in part, such invalidity or unenforceability shall apply only to such provision or part thereof and the remainder of such provision and all other provisions of this Agreement shall continue in full force and effect.


16. FORCE MAJEURE

16.1 Whitelibra shall not be liable for failure to perform any of its obligations under this Agreement or to provide the Services or any part thereof if performance is prevented, hindered or delayed by a Force Majeure Event, in which case its obligations shall be suspended for as long as the Force Majeure Event continues.

Upon the occurrence of a Force Majeure Event, Whitelibra will inform the User via the Platform, together with the prospects for regular reactivation of the Service.


17. COURT OF REFERENCE

17.1 This Agreement shall be governed by and construed in accordance with the laws of Italy, without reference to principles of conflict of laws. In the event any dispute relating to this Agreement is brought by the User, it shall be subject to the exclusive jurisdiction of the Court of Milan.


18. UPDATE OF THESE TERMS

18.1 Whitelibra reserves the right to change and update this Agreement unilaterally.

Last modification: 28/09/2020

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