For the purpose of this agreement, unless the context otherwise requires:
- “Consumer“, means any natural person who, in a distance selling contract acts for the purposes which fall outside the trade, business or profession of such person.
- “Professional“, means any natural or legal person who, in a distance selling contract acts within the purposes of his/her commercial, industrial, artisanal or professional activity, thus invoking the act of purchase for purposes related to such.
- “Client“, means the Professional or simply the Consumer, who purchases the Online Training Course according to the Terms and Conditions stated in this agreement and in the information available on the website, which is intended as an integral part of this agreement;
- “Supplier“, means the legal entity (CERTIPASS S.R.L.) as provider of the training service, and identifiable by its name, brand or other distinctive means.
- “Product“, means the training course provided through electronic means, known as E-Learning;
- “Distance selling agreement“, means that agreement reached between the Supplier and the Client in the absence of the physical and simultaneous presence of the parties, through the exclusive use of one or more remote media;
- “Website“, means the website www.eipass.com, exclusively owned by the Supplier CERTIPASS S.R.L. (abbreviated as CERTIPASS);
- Prior to the online purchase of the product (with the concurrent obligation to effect full payment) the client is required to formalise his/her consent to the terms and conditions of sale by clicking on the apposite point in order that such is acknowledged and approved under articles. 1341 and 1342 of the Civil Code, together with the provisions governing the procedures for registering, accessing, browsing and use of the website www.eipass.com;
- The Client expressly authorises CERTIPASS to use his/her e-mail address in relation to the activities relevant to the agreement and for any information about the distance learning services covered by this agreement;
- These general conditions may be modified and/or updated at any time by CERTIPASS; any amendments shall be communicate through the normal communication channels available on the website.
The above mentioned premises constitute an integral part of these general conditions
Art.1 Aims and objectives of the agreement
This distance-selling agreement is aimed to regulate the supply of training courses by CERTIPASS, as Supplier to the client, by electronic means, hereinafter referred to as E-learning.
Subsequent to the purchase of the product and the payment of the registration fee, the client will receive the link and the credentials allowing access to the Course on the indicated email address.
The course chosen by the client may include an examination aimed at achieving certification. The course takes place online on a dedicated section of the DIDASKO multi-channel platform on eipass.com. For each module provided by the programme, the client shall have to answer 30 questions in a maximum of 30 minutes. The client shall be able to access this section only after completing the training course.
Art.2 Preliminary information
Prior to the online purchase of the product, the client must declares to have read, all the information contained in the “Course Information sheet”, which is accessible on the website and which also provides the main characteristics of the product, the geographical address and identity of the producer, the price and method of payment.
Art.3 Termination of the agreement
This distance-selling agreement shall be considered finalised once CERTIPASS (and on Its behalf, the Operators responsible for the receipt of data and communications relating to the conclusion and execution of the contractual relationship) obtains cognisance of the client’s adherence to the training offer, as shown by his/her online registration for the chosen course.
After having finalised the registration process and effected full payment of the relevant fee, the client receives the necessary credentials to access the DIDASKO e-learning educational platform, where Ei-books are available, that is, downloadable and printable study booklets, video lessons, self-assessment tutorials and tests.
Art.4 Copyright Protection
The Client acknowledges CERTIPASS to be the exclusive owner of all parts of the Website, be they merely explicative and non-exhaustive, be they logos, images, texts, or course contents. Consequently, commercial use by third parties, full or partial reproduction, elaboration and/or transmission in any form and in any way, is absolutely prohibited, unless with the prior written authorisation of CERTIPASS.
It is forbidden to copy, distribute, publish or otherwise use or exploit the teaching material without the prior written consent of CERTIPASS.
The Client, responsible for the preservation and confidentiality of the credentials assigned to him/her; is the holder (given his/her registration for the Course) of a personal right and has non- transferable access to the reserved area of DIDASKO. He/she thus committs not to allow the use and/or viewing of services, in any way, to third parties, and to refrain from undertaking any act that may damage the exclusivity rights and property of CERTIPASS, whilst maintaining the indemnity of the Supplier safeguarded from any demand and/or claim resulting from the use and/or abuse by third parties.
In the event of any breach of the prescribed obligations, the agreement will be terminated as of right, and CERTIPASS shall be free to take legal action in order to protect every disregarded right, including the claim for compensation for damages suffered.
In addition, should there be any reason to maintain that a security issue or problem relating to unauthorised use exists, or is highly probable to exist, CERTIPASS may suspend the use of credentials assigned to the client.
Art.5 Service Supply
The Client acknowledges and accepts the hardware and software prerequisites necessary to access the purchased Online Course.
The DIDASKO platform is intended to give students, academic staff and all possible users the maximum compatibility with the most common systems available. Tests have been carried out on all popular platforms (Mac OS, Windows, Linux) and on major browsers (Internet Explorer, Mozilla Firefox, Google Chrome, Apple Safari). The necessary hardware and software requirements are minimal and are generally met on a standard home-use system.
In order to optimally avail oneself of the multimedia contents and online tutoring services, it is necessary to:
- have a connection to the Internet network. An ADSL connection is recommended for optimal use;
- have one of the main browsers available and regularly updated on the device used;
- have Adobe Acrobat Reader software installed on the device to view material in pdf format. This software is available free of charge on: http://www.adobe.it/products/acrobat/readstep2.html
The client also undertakes to adapt his/her hardware and/or software system should it be necessary further to any subsequent updates of the DIDASKO platform.
CERTIPASS will have the right to interrupt the supply of the Training Service purchased by the client providing immediate communication via web or through other means, in the eventuality of:
- reasonable grounds to believe that there could be security and/or privacy concerns;
- necessity to improve access procedures for the online training Courses, thus increasing their efficiency.
Art.6 Data security and confidentiality
The Client guarantees to be legitimately provided with all the information entered on the website www.eipass.com for the purpose of purchasing the Course and accessing the relevant Service, while also ensuring that this does not in any way infringe, directly or indirectly, the rights of third parties. Therefore, the client committs not to enter data that s/he is not entitled to dispose of.
The client is also prohibited to enter false and/or fanciful data in the registration process, the enrolment procedure and in subsequent communications related to the execution of the agreement. If necessary, the client shall indemnify CERTIPASS:
- from any liability arising from the issuing of incorrect fiscal data and documentation, given that the client is exclusively responsible for the correct insertion of such data;
- from any obligation and/or responsibilty of ascertainment and direct or indirect control in this regard.
Should it be ascertained by CERTIPASS, or upon indication by third parties, that the data provided is false, CERTIPASS reserves the right to prevent/suspend the registration of the Client.
The client expressly authorises the use of biometric data, automatically shown during the examination, at the request of the competent Authorities.
Art.7 Responsibilities and obligations
The client is obliged to make use of the training service purchased and to sit for the eventual final examination exclusively in person. S/he therefore undertakes to act in good faith and in particular not sell the product to third parties;
- to attend to and visualise the online lessons and related assessment tests personally;
- to work out the exercises and the final examination personally and without consultation of any media or other support of any kind, intended to plagiarise, including the help of third parties.
The substitution of a candidate sitting for the final examination is expressly forbidden, as well as the use of any device intended to unduly facilitate the examination in course.
Any behavior in bad faith, as well as the violation of the aforementioned obligations and prohibitions by the client, the list of which is not to be considered exhaustive, cannot in any way be tolerated by CERTIPASS, once this is likely to compromise its brand, reputation and dignity, through an act which is the Client’s exclusive responsibility. Thus the Company has the right to interrupt the supply of the service and, if necessary, to institute action through the competent Authority, to claim compensation for damages. The Client, therefore, exempts CERTIPASS, as the Supplier of the service, from any liability in the case of complaints, lawsuits, government or administrative actions, losses or damages arising from the client’s or any related third partys’ bad faith or illicit use of the services offered by CERTIPASS, except for cases of misconduct or gross negligence of the Supplier. Thus the client expressly exempts CERTIPASS from any liability for direct and/or indirect damages in the case of services:
- that the client him/herself or third parties may be subjected to, in relation to or owing to dependence on the supply of the Training Service, or as a result of the interruption of the operation of such;
- that the client or third parties may in some way attribute to the non-delivery service due to absence of connectivity by the telecommunications network operator, or for the client’s use of connectivity (not high-speed) which is technically incompatible with the Service, as well as for the non-use of the Training Course as a result of defects found by the client in the use of such, should this be due to the failure to comply with the minimum requirements of the system referred to art. 6, the verification of which is the responsibility of the client
- caused by third parties who illegally access the online training course, owing to the client’s negligence in securing the login and password assigned to him/her, or the absence of any other security measures required from the client;
In no way shall the Supplier be held responsible for:
- the malfunction of service resulting from faults, overloads, telephone lines or electricity power outages, or the Internet connection;
- failures of third parties that affect the provision of the Service, including, for example, the slowdowns in speed, or the malfunction of telephone lines and computers that operate the online activity between the client and the educational platform from which the Service is provided ;
- fraudulent and/or undue use of credit cards by the client.
It is the sole responsibility of the client to ensure the functionality between the connectivity with which the client is equipped, and the platform from which the Service is provided.
Furthermore, the Supplier shall not be held responsible for any breach of its obligations which derives from causes that cannot be reasonably foreseen, from constraints beyond the Supplier’s direct and immediate control, or as a result of force majeure. In the eventuality of the aforementioned, or a case of force majeure, CERTIPASS shall inform the client via the website, giving the time envisaged for the regular reactivation of the Service.
The client is obliged to keep CERTIPASS clear from all losses, damages, liability, costs, charges and expenses (including legal fees) that may have to be incurred by the Supplier as a result of any non-compliance with obligations that are to borne by the Client on adhering to this Agreement or subscription Form, and are somehow related to the input of information on the website. The foregoing also applies, in the case of eventual claims for compensation for damages by third-parties in any capacity.
Finally, the Client agrees to exempt CERTIPASS, as the Supplier, from any liability in the event of any reports lodged, legal actions instituted, government or administrative actions, losses or damages arising from the illicit use of the Service by the client or third parties.
CERTIPASS does not provide any advice regarding the training requirements of the clients, consequently every responsibility regarding the correspondence between the didactic contents and the educational requirements of the client is entirely the responsibility of the purchaser. The Supplier shall not be held responsible for courses erroneously purchased by the client.
The information and materials related to the courses provided are processed in full, reviewed and updated with accuracy and adequacy, due to activities of specialist support and advice offered by highly qualified professionals and experts in the design and production of the teaching material.
The Client shall not transfer to third parties any obligation or right originating from this Agreement, in the absence of prior written authorisation, issued at the Supplier’s irrevocable discretion and communicated by the Supplier by registered or certified mail.
Art.8 Withdrawal conditions – forfeiture of deposit
The Client-Consumer consciously and expressly agrees to forego all right of withdrawal from this,distance-selling agreement and to refer to the applicable to the right of withdrawal from the agreement referred to in Art. 59, c.1 lett. a) and o) of the Legislative Decree dated 6 September 2005 n.206 (Consumer Code).
Check if there is a European consumption code; otherwise, delete the yellow part.
On purchasing the online E-learning course, the client agrees to the delivery of the digital educational content by means of non-material support, with the express agreement and acceptance of the fact that this circumstance precludes any right of withdrawal.
Furthermore, the client agrees to forego any right of withdrawal from this service, as it is made fully accessible and available to the user by sending the authentication credentials (username and password) online.
Conversely, in case of purchase by the Professional client, the client is entitled to withdraw from the agreement within five 5 working days from the time of completion of the online registration process, provided that s/he has not accessed the DIDASKO online platform.
As regards to the right of withdrawal to which the Professional client is contractually entitled, the parties acknowledge that the Supplier is entitled to withhold 20% from the amount paid by the Professional during the purchase of the Online Course, only within the limits of the preceding period, and therefore as a forfeiture of deposit,
Art.9 Contract Law Resolution – Criminal Clause
All the obligations previously assumed by the Client, as well as the guarantee of payment effected, are fundamentally essential and relevant, so that the Client’s failure to comply with any of such obligations will determine the immediate termination of the agreement.
The parties also expressly agree that in the event of default, the client shall be liable to pay a 20% fine, without prejudice to CERTIPASS’ right to institute legal action for compensation of any ulterior damages.
Art.10 Reporting of and Consent to The Processing of Personal Data under GDPR 679/16
In accordance with the GDPR, CERTIPASS Ltd.
is hereby commits to treat all personal data acquired in relation to the agreement, in compliance with data protection law. In this regard, it offers appropriate reporting=, for the purpose of consent. Read more.
Art.11 Competent Court
In any case and for any dispute arising from or related to this agreement, the Court of Bari will exclusively be the competent forum.
Art.12 Final clause
The obligations and commitments deriving from this agreement, intrisically intended to ensure its effectiveness even after expiry, the termination of or withdrawal (allowed only within the limits of Article 9 of this agreement) from such agreement, will remain valid and in force also after the expiry date, up to accomplishment.