Terms of use of the website www.habacus.com

  1. Scope

The following terms and conditions (“Terms of Use”) govern the site www.habacus.com (“Website”) owned by HABACUS S.R.L., a company incorporated under Italian law, having registered office in Via Filippo Sassetti 32, 20124, Milano (MI) – Italy; tax code and VAT code 04906910262 (hereinafter “Habacus” or the “Company”) and the services offered through the Website (“Services” and individually “Service”).

It is understood that any additional service may be governed by specific terms of use to which reference should be made.

By using and consulting the Website, the user agrees to accept, without limitation or reservation, the Terms of Use detailed below. If the Terms of Use are not accepted, the user is requested not to use the Website and the Services.

  1. Log-in to the reserved areas

Services reserved to Universities

The Universities with which Habacus collaborates may have access to a reserved area of the Website through which they may manage and/or monitor planned activities. To this end, the Universities shall indicate to Habacus the referents to be authorized and Habacus shall send via e-mail the relevant credentials (username and password). For access purposes, the authorized referents shall enter the credentials provided by Habacus in the specific log-in form.

Once registered users will be authorized to use the Services according to the functionalities defined discretionally by Habacus and made available to users.

Services reserved to students (and ambassador candidates)

In order to create their personal profile, users who wish to obtain a certification, on first access they shall register by entering their first name, surname and a valid e-mail address.

Once these data have been entered, the system will send the user an e-mail containing the password to access the reserved area to the e-mail address provided by the user.

Once the registration has been completed and the user has obtained access to the area, he/she will be asked to fill in his/her certification request by entering some personal information (i.e., place and date of birth, gender, citizenship, residence and tax code).

In addition to personal information, the user will have to fill in the appropriate form concerning the educational institute and the course of studies for which the certification is requested and provide, by uploading them on the Website, some documents (i.e., healthcare card, identity document, proxy document). If the user has been invited by one of the Habacus’ ambassadors, he shall also enter the ambassador code received together with the invitation.

The user shall therefore read the privacy notice on the processing of personal data and possibly express his/her consent for purposes other than those related to the provision of services (e.g. marketing and commercial purposes).

Once completed, Habacus will take charge of the request and begin the certification process. The user will receive an e-mail with the result obtained.

The same registration procedure must be followed by those students who want to submit their candidature to become ambassadors. For these users it will be required to include, in the relevant section, the “ambassador code” which will be provided by Habacus.

 

The user warrants that the information provided to Habacus to access the reserved area is up to date, true and correct and in any case in accordance with the purposes set out in these Terms of Use. Otherwise, the Company may inhibit or block the user’s access, even permanently. The registered user is solely responsible for maintaining the confidentiality and security of the credentials, which must be kept in a safe place, not be transmitted or otherwise disclosed, even partially, to any person other than the user him/herself and the employees and collaborators of the university where he/she works. The registered user will notify Habacus of any violation and / or loss of the credentials, as soon as he/she finds out. The communication shall be sent to the ordinary mail or e-mail address indicated on the Website and/or in these Terms of Use. In this case, Habacus reserves the right to deny access to the Website or suspend the registered user’s account.

  1. Use of the Website and the Services

Habacus offers its Services both to persons practicing a profession and consumers. Access to certain Services is reserved for Universities and training institutions. With reference to each Service, the Website specifies whether they are reserved for specific categories of users.

It is forbidden any reproduction and disclosure, even partial, through computer networks or any other communication system of the documents, materials and information contained in this Website (including text, background, graphic solutions, etc.) or made known within the Services, as well as the modifications of any part of this Website.

It is also forbidden to use the Website and/or the Services to post, publish or transmit any unlawful, threatening, libelous, offensive, obscene, scandalous, harmful, pornographic or blasphemous material, or any material that might be deemed as or encourage a conduct that could be construed as a criminal offence, give rise to civil liability, or in any way violate the law or the rights of any third party.

Habacus reserves the right to remove any prohibited content and to inhibit or block – even permanently – access to the user who has sent or transmitted such content.

  1. Restrictions on the use of the Website and Intellectual Property

All information, material and any content published on the Website (the “Information”) are protected by copyright and other intellectual property rights (e.g. trademarks, domain name and any other distinctive sign, patents, trade secrets) and, unless otherwise indicated, may not be used, in whole or in part, or copied, reproduced, transferred, published or distributed in any way without Habacus’ prior written consent. The user shall download and print the Information exclusively for the purposes allowed by the Website and the Services. The user shall keep and reproduce all the Information related to copyright or other intellectual property notices coming along with the displayed or downloaded Information. In any case, the user must not distribute, modify, transmit, reuse, send or use the Information, including text, images, audio or video content and any software available on the Website, for advertising or other commercial purposes without Habacus’ prior written consent.

Habacus or other third parties (e.g. manufacturers) are the owners of the trademarks, domain names and any other distinctive sign that appear on the Website. Therefore, they shall not be used in any way or by any means without Habacus’ prior written consent.

Habacus reserves the right to prevent the use of the Website and the Services by users who infringe the intellectual property rights of others.

  1. Further restrictions

Third parties shall include a link only to the Website’s home page. Under no circumstances the so called “deep linking” shall be allowed without Habacus’ prior written consent.

Third parties are not allowed either to frame HTML content of the Website or portions thereof, or to use any other means that may lead users to consider that the content of the Website is owned by third parties. It is also forbidden to include any portion of the Website on third parties’ websites. Habacus may amend these Terms of Use at any time. The users are bound by such amendments and it is their duty to regularly check the Terms of Use for updates.

  1. Rights to information submitted by users

Users hereby grant Habacus without exclusivity, the right to reproduce and use also for the purposes of communication to the public, making available to the public and distribution, through all means of communication to which Habacus will have recourse (by way of example and not limited to, the Internet and electronic communication networks, without territorial limitations and through any device, fixed or mobile, the information sent to Habacus in order to provide the Services by means of the Website. Such right shall continue to exist even after the expiration of the contract with Habacus, in accordance with the obligations related to data retention and in any case for the fulfillment of legal obligations.

Users warrant that they will indemnify Habacus against any and all claims, requests or demands made by third parties in connection with the use of such information and/or materials.

  1. Exclusion of responsibility, typos and inaccuracies

All the information published on the Website shall not be considered or used as if they were official documents issued and/or statements made by Habacus, but they shall be considered as mere guidance information of which, therefore, Habacus does not guarantee the accuracy and the completeness.

In any case, Habacus shall take all the necessary steps in order to publish accurate and up-to-date Information on the Website. However, it is not guaranteed that the use of the Information will not infringe the rights of third parties or that the Information are error-free, accurate, complete and up to date. In no case shall Habacus be responsible for any negative consequence, damage or loss arising from or in connection with the use of the Website or the use of the Information.

In addition, Habacus cannot control and verify all the materials provided by the users through the Website. Therefore, Habacus shall not be responsible for the content of the above-mentioned materials and reserves the right to remove from the Website any material it might deem obscene, defamatory, offensive or in any case unacceptable.

Habacus takes no responsibility for (i) damages of any kind that might be caused to third parties as a result of the use, even if authorized, of the Website’s content, even in the case in which Habacus was aware of the existence of inaccuracies or it was in the position to intervene in order to correct them; (ii) for incidental or consequential damages or damages resulting from the malfunctioning of applications and in particular for any damages to the users if not for conduct directly attributable to the Habacus; (iii) for damages suffered by users as a result of such errors, viruses and/or malfunctions; (iv) the malfunctioning of the services offered caused by faults in telephone lines, power lines, online transmission tools, overloads, interruptions or any cause not depending on their behavior; (v) for the use of the Website and the Services by users or third parties in violation of applicable rules or regulations; (vi) the content and services on third party websites accessed by users through links on the Website.

The foregoing, as well as all clauses of these Terms of Use containing exclusions or limitations of liability of Habacus or related parties, shall be understood in the broadest and most extensive sense possible, but shall apply only to the extent permitted by applicable law and regulations. In any case, they do not apply in cases of willful misconduct or gross negligence, when the damage consists of injury to physical integrity or health and in the event that the fact of Habacus or its auxiliaries constitutes a violation of obligations arising from laws of public order.

  1. Linked websites, links and content of third parties

The linked websites are not verified by Habacus, who shall not therefore be in any way responsible for either the linked website or the linking address. The linked websites process and collect personal data according to their privacy statements, to which explicit reference is made.

Links to webpages external to the Website remain under each user’s responsibility. Habacus takes no responsibility for the content of such websites and for the provisions contained in their privacy information notices on the processing of personal data.

Habacus shall not be responsible for the provision of services and/or products, or for the conclusion of any agreement between the users and third parties other than Habacus.

  1. Data Protection

Habacus processes the personal data of users in accordance with EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (so-called “GDPR”), as well as with the current national legislation on the protection of personal data and the decisions of the Data Protection Authority (“Garante”) for the protection of personal data. Further information on the processing of personal data can be found in the corresponding privacy information notice on the processing of personal data, which can be consulted on the Website (https://habacus.com/en/privacy-policy/).

  1. Violation of the Terms of Use

Any user undertakes to keep Habacus harmless as well as their directors, employees and collaborators against any loss, direct and indirect damage, liability, cost, expense (including legal fees), obligation to pay compensation asserted or claimed by third parties and arising from: (i) the user’s use of and access to the Website and the Services; (ii) the user’s violation of any provision of the Terms of Use; and (iii) the user’s violation of any rights of third parties, including without limitation any right to privacy or intellectual property rights. The indemnification obligations shall survive the duration of the user’s use of the Website and the Services, until all related rights and remedies are fully extinguished. This without prejudice to any other Terms of Use provided herein.

  1. Applicable law and court

These Terms of Use shall be governed by the applicable provisions of Italian law. For any dispute arising from the interpretation, application and execution of these Terms of Use, the Tribunal of Milan shall have exclusive jurisdiction.

  1. Contacts

Habacus can be contacted for any question, information and clarification regarding the Website and the Services and/or these Terms of Use, at the e-mail address info@habacus.com

  1. Changes to the Terms of Use

Habacus reserves the right, at its sole discretion, without notice and/or communication, to modify the provisions of the Terms of Use at any time; users may consult them in the most current version on the Website.