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General terms and conditions of use
 

General terms and conditions of use

 

(Version 1.0 of 1 June 2023)

1. Subject matters and definitions

1.1 These general terms and conditions of use (hereinafter the "General terms and conditions") contain the terms and conditions governing the provision of the services available on the website rulingcompanies.com (hereinafter the "Website").

The General terms and conditions are stipulated between the final user of the services (hereinafter the "User") and the company The Ruling Companies Srl, with registered office in Via F.lli Ruffini 9, 20123 Milan, Italy, tax code 04309110965, VAT number 04309110965 and registration number in the Business and Trade register of Milan 1738557 (hereinafter "Ruling Companies" or the "Company” and together with the User referred to as the "Parties").

These General terms and conditions govern and regulate the service provided by Ruling Companies to the User through the Website, supersede any prior provisions between the Parties not expressly referred to or attached hereto (with the exception of any membership forms signed between the Parties or between Ruling Companies and the company to which the User belongs, hereinafter the "Forms") and constitute the entire rights and obligations of Ruling Companies and the User. The Website is intended to facilitate Users' access to the Webinars delivered by the Speakers (described below), which may be accompanied by information, text, photos, video, graphics, music, audio and other material that can be downloaded (hereinafter the "Materials").

1.2 In these General terms and conditions, any reference to:

  • a. a subject shall be deemed to refer to any natural person, company, association (with or without legal personality) and any other legal person, consortium, as well as to the State and any public law body when acting as a private law body and not as a public law authority;
  • b. an annex, an article or a paragraph of an article shall be deemed to refer to an annex, an article or a paragraph of an article of the General terms and conditions.

The singular form includes the plural and vice versa, whenever the context requires it.

1.3 In addition to the terms and words defined elsewhere in the General terms and conditions, the following terms and words are defined for the purposes of these General terms and conditions:

"Force majeure" by way of example and without any limiting intent, the following shall be deemed force majeure within the meaning and effect of the General terms and conditions: lockouts, strikes, absolute shortages of means of transport, war, riots or other military actions, floods, fires, lightning, explosions, accidents, power outages, interruptions, malfunctions or overloading of telephone or telematic lines, delays or defaults by third-party suppliers of Ruling Companies or any other event beyond the reasonable sphere of control of Ruling Companies and which prevents the full and proper fulfilment of the obligations under the General conditions in respect of the same;
"Consumer code" the Legislative Decree no. 206 of 6 September 2005 on consumer rights;
"Code" alphanumeric code, forwarded by Ruling Companies to the User by email. The Code, which allows the User free access to the Webinars and Materials, is valid for one year or for a single webinar. It is personal and may not be used by a party other than the User to whom it has been forwarded, unless expressly consented to by Ruling Companies; "Effective date" shall be deemed to be the date of acceptance of these General terms and conditions by the User, pursuant to Art. 2.1;
"Set date" the date and time set for the live streaming of each Webinar;
"Question" any information, data or request formulated by the User through the use of the "Question" option and which will be projected on the screen and, where possible, read out by the Speaker during the Webinar;
"Contract duration" the duration of these General terms and conditions, as indicated in Art. 8 below;
"Package" the purchase, in series, of several participations in the Webinars on the Website through the Forms;
"Profile" the User's personal and private web page on the Website, linked to the account created during registration on the Website and through which the User can access the Webinars purchased and/or to be purchased;
"Speaker" third party, who has no relationship of dependence and/or stable collaboration with Ruling Companies, making use of the Website for the purpose of sharing Webinars with Users;
"Service" the service, as a whole, provided by the Website to the User and including the purchase of and participation in the Webinars, the downloading of Materials and any and all further activities that the User may perform on the Website;
"Webinars" videos related to topics selected by the Speakers, briefly described, together with an indication of the set date, in the presentation page of the Webinar (hereinafter the "Webinar page"), shown to the User on the home page of the Website together with an indication of the registration steps. Webinars will be recorded and broadcast exclusively for the Website and for pages operated by Ruling Companies.

2. Contract termination

2.1 We inform you that by pressing the "SEND" button during registration to the Website or, in any case, by using the Service, the User declares to have read and expressly accepted these General terms and conditions. Registration to the Website is completely free of charge (except for the costs of equipment - computers, applications and telecommunication means - and the costs of Internet connection, which shall be borne by the User on the basis of the economic conditions established by his operator), while participation in Webinars may only take place after payment by the User or his/her company of the fee indicated in the Forms, without prejudice to the provisions of Art. 3.3 regarding the use of the Code. If the User does not intend to accept even one of the terms and conditions of these General terms and conditions, the User is kindly requested not to use the Service and to leave the Website.

2.2 The User acknowledges and accepts that the Service used on the Website is intended to connect Users with Speakers and that Ruling Companies provides a mere sharing platform service. Ruling Companies, therefore, is not and shall not be a party to the individual contacts between Users and/or between Users and Speakers in connection with the Service.

3. The service of Ruling Companies

3.1 Profile
When completing the Profile during registration, the User i) enters the data necessary for access and consisting of a valid e-mail address and a password of at least 10 (ten) characters (hereinafter the "Access data"); ii) enters his/her company data and, in particular, first name, last name, company and role (hereinafter the "Company data") necessary for the successful continuation of registration. After creating the Profile, the User may access the list of Webinars available on the Website.

Through the Profile, the User can register for Webinars/Live meetings, confirming his/her participation, which will take place on the Set date indicated in the relevant Event page.

3.2 Webinars and Materials

Webinars will be made available to the User in "live" streaming mode. In the event that the User is unable to attend the live streaming, s/he may access the Webinar Video on Demand directly from the Webinar page.

Downloading of the Materials will be possible during the course of the streaming of the Webinars or for an indefinite number of times and as long as the Webinar page is online in the Platform and the same Materials will be provided in PDF format.

3.3 Right of withdrawal
Either Party may withdraw from these Terms and conditions at any time by simply notifying the other Party in writing at least 15 (fifteen) days in advance. However, the provisions of the Forms with reference to the relationship between the Parties (or between the Company and the company of which the User is part) shall remain unaffected.

3.4 Licence and intellectual property rights
Ruling Companies permits the User to use the Website exclusively for personal use by the User and for training purposes only, as governed by these General terms and conditions. This right of use may be revoked by the Company, at its own discretion, at any time. Except as permitted by these Terms and conditions or by law, the User may not copy, use, transfer, rent, sub-licence, lend, modify, adapt, attempt to modify or alter the source code, reverse engineer, decompile, disassemble or otherwise operate in whole or in any part, on the content of the Website and/or the Webinars. The information, Webinars and Materials included in the Website have been created through the use of third parties and are for information and training purposes only. By accessing the Website, you assume the risk that the content of the Website may be incomplete, inaccurate, out of date or may not meet your needs and requirements.

All rights reserved. The Website and all its content, including, without limitation, the Webinars and Materials, as well as trademarks, logos, domain names, company or service marks and any other material that may be the subject of proprietary rights (including source codes) and/or any other form of intellectual property (hereinafter, collectively, the "Proprietary materials"), are owned by the Company and/or other third parties who have licensed their use to Ruling Companies, and are protected against unauthorised use, copying and dissemination by national copyright, trademark, publicity and other laws and international treaties.

Nothing contained in these General terms and conditions and/or the Website shall be construed as conferring by implication, acquiescence or otherwise, any licence or right to use the Proprietary materials in any way without the prior consent of the Company or the third-party owner of the Proprietary materials. The unauthorized use, copying, reproduction, modification, republication, updating, downloading, mailing, transmission, distribution or duplication or any other abusive use of the Proprietary materials is prohibited. As a user of the Website, the User acknowledges and accepts that s/he may not use the Proprietary materials for illicit purposes and that s/he may not infringe the rights of the Company and/or its third-party licensors.

3.5 Exclusions and limitations of responsibility
The Proprietary materials are distributed on an “as is" basis without any express or implied warranties of any kind, including, without limitation, implied warranties as to quality or fitness for a particular purpose and those arising from law or trade usage.

The Company shall not be liable for any so-called "viruses", contamination or otherwise harmful effects that may be caused to the User's computer system, or for delays, inaccuracies, errors or omissions arising out of the User's use of the Website or with respect to the content thereof, to the extent not caused directly or indirectly by the Company's negligence.

Ruling Companies shall not be liable for any damages that may arise, directly or indirectly, from the use or inability to use the Proprietary materials, if the Proprietary materials are procured or otherwise provided by the Company. The Company assumes no responsibility for the accuracy, content, products, services or availability of the Proprietary materials.

The User acknowledges that any message or material sent to the Company or to third parties via the Internet network through the Website may be read or intercepted by other parties. The User also acknowledges and accepts that sending communications via Internet may not be completely secure or confidential, and must therefore consider this possibility before sending any personal or confidential information to the Company or third parties via the Website.

It is responsibility of the User to ensure that his/her computer is adequately protected against viruses, unauthorised access or other security breaches. The Company shall not be liable for any damage that may result to each user's computer from any breach of security or from any virus, bug, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, failure of computer lines or any other technical or other defect, whether such an event is related to Internet transmission initiated through the Website or otherwise and which are not a direct or indirect result of the Company's negligence.

The Website may also contain facts, opinions, points of view, statements or recommendations of third parties, whether natural or legal persons. The Company does not represent or guarantee the accuracy, currency or reliability of such facts, opinions, viewpoints, statements and/or recommendations or other information displayed or distributed through the Website, nor do these represent facts, opinions, viewpoints, statements and/or recommendations on the part of the Company.

Ruling Companies makes no warranty as to the quality of communications, loss or delay of connections or any other imperfection of the connection system used by the User and/or Ruling Companies and takes no responsibility in this regard. In particular, the User acknowledges and accepts that the use of the Internet network may be affected by the time of day, the quality and the speed of the connection of his/her network or that of the Company's.

3.6 Responsibility for comments
Without prejudice to the provisions of this article, the User acknowledges and accepts that the Company shall not carry out any prior checks and/or any moderation in relation to the comments made by the User on the Website through the question and the "Vote" rating function (hereinafter, jointly, the "Comments"), therefore:

  • a. the User is responsible for the Comments posted on the Website;
  • b. the Company is not responsible for the accuracy, quality or completeness of the Comments transmitted by Users. The publication of User’s comments does not represent the expression of the Company's positions or opinions; in particular, Ruling Companies does not recognise the contents of such Comments as its own;
  • c. the Company is liable to third parties for the Comments only if it can be proven in any way that the Company is aware of such Comments and is technically able and in a condition to prevent their publication and if there is liability according to the General terms and conditions;
  • d. the User exempts the Company from any claim that may be asserted by third parties against the Company on the basis of the Comments posted by the User or otherwise through the Profile created by the User;
  • e. the Company reserves the right, in any case and at any time, to check, screen, not publish and/or delete the Comments.

Without prejudice to the provisions of Art. 5.4 below, the User expressly acknowledges and accepts that in the event of a violation on his/her part of any clause provided for by these General terms and conditions, at the request of the competent authorities, Ruling Companies may provide the latter with his/her IP address as resulting from the Company's servers.

3.7 Guarantees on comments and obligation to indemnify

The User expressly guarantees that s/he is the sole owner of all rights of economic use and moral rights to the Comments and that s/he can validly authorise the Company, third parties authorised by the Company as well as users of the Website to exercise the rights referred to in the following article.

Furthermore, the User declares that s/he expressly accepts that the transfer of the rights referred to in Art. 3.13 below takes place free of charge and, therefore, s/he hereby declares that s/he has no claims against the Company and/or its assignees and/or third parties authorised by the Company and/or the Users of the Website, in relation to the exploitation of the Comments pursuant to this article.

In relation to the above guarantees, the User hereby undertakes to keep the Company and third parties authorised by the Company fully indemnified and held harmless in relation to any liability and prejudice (including, without limitation, legal expenses) arising from any claims made by third parties, for whatever reason, relating to the ownership of rights of economic use and moral rights and/or the subject matter of the Comments.

3.8 Free transfer of rights

With these General terms and conditions, the User hereby grants the Company, free of charge, without time or territorial limitations, on a non-exclusive basis, any and all rights of publication, public performance and representation, communication to the public, making available to the public, distribution, translation, processing, in any form and by any means, of the Comments that the User will make available to the public on the Website.

The aforementioned rights may be exercised directly by the Company or by third parties authorised by the Company, it being understood that the Company may identify such third parties as well as negotiate and agree with said third parties the conditions, including economic conditions, for the exercise of the aforementioned rights, at its own discretion, in any case without anything being owed to the User for the exercise of said rights.

In relation to the rights granted with this article, the User hereby authorises the Company, the third parties authorised by the Company as well as the users of the Website, to use even single parts or fragments of the Comments as well as to re-edit the Comments, in whole or in part, should this be deemed appropriate by the Company or the third parties for the best exploitation of the same pursuant to this article.

4. Representations and warranties of the User

4.1 The User declares and guarantees:

  • a. that s/he has read and understood the General terms and conditions;
  • b. that s/he has the necessary authority to act for the purposes set out therein and that s/he has the capacity to act and to enter into legally binding contracts;
  • c. that s/he has, at the time of registration, chosen a secure and complex password; and that for the duration of the relationship arising from the signing of these General terms and conditions: (i) shall keep the password safe and secret; (ii) shall not transfer any part of the Profile (by way of example but not limited to, links, individual purchases or, if the User has received it, the Code); (iii) shall not let third parties use its Profile; and (iv) shall comply with any applicable law on IT account management;
  • d. that s/he will be responsible for anything that happens through the Profile unless s/he close it or report any abuse;
  • e. that s/he will refrain from reproducing, duplicating, copying, selling, reselling and otherwise exploiting for commercial purposes the Website or any part thereof, and from reproducing or using in any way the Proprietary materials;
  • f. to have obtained all consents and releases, where necessary, from any possible owner of rights in any capacity whatsoever on the Comments uploaded to the Website, including, but not limited to, in the case of images, to be the owner of the right to exploit the image right and/or to have been authorised to do so, and/or in the case of registered and/or de facto trademarks, to be the owner and/or authorised licensee to use them;
  • g. that s/he will not publish or use false, slanderous or defamatory data;
  • h. that s/he will refrain from any form of use, direct and/or indirect, of the Website that is contrary to the law or not in accordance with the provisions of these General terms and conditions or the Website;
  • i. that the Comments will not infringe any third-party rights (by way of example only, copyright and related rights, image rights, right to honour and reputation);
  • j. that s/he will refrain from posting on the Website any content that is obscene, offensive, violent, defamatory, harmful to personal dignity, blasphemous and that, in particular, does not contain racist statements or statements extolling the inferiority or superiority of one race, people or culture over another or over minorities; apologia for crimes against humanity; incitement to hatred or violence; sexually explicit, pornographic or child pornographic content; threats or harassment information or messages that instruct on illegal activities, induce illegal activities or that may cause harm to third parties; incitements to dangerous behaviour and risk of emulation by minors or to the use of drugs or mistreatment of animals; messages, even hidden, of promotional and/or advertising nature; images unsuitable for minors under the age of 18;
  • k. that s/he will not use spamming, chain message or pyramid selling systems;
  • l. that s/he will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar computer threats;
  • m. that s/he will not use software or other automatic or manual mechanisms to copy or access the pages of the Website or their content;
  • n. that there are no pending bankruptcy proceedings, petitions for bankruptcy, protests or other acts prejudicial to the reliability and morality of the User and that no serious administrative sanctions have been imposed on the User by any competent Authority.

4.2 Unless expressly specified in these General terms and conditions, Ruling Companies makes no representations or warranties, express or implied, regarding the Service.

5. Indemnification

5.1 The User agrees to indemnify and not hold responsible the Company, its subsidiaries and affiliates, and their respective representatives, partners and employees from any damage, liability, recourse or claim, including reasonable legal defence costs, made by third parties as a result of the User's use of the Website or the Webinars in a manner that is not compliant with these General terms and conditions, and/or breaches of the conditions set out herein, and/or failure to comply with the representations and warranties set out in these General terms and conditions and/or the User's Comments posted on or via the Website.

5.2 Linked websites
The Company is not necessarily affiliated with any website to which there are links on the Website and is not responsible in any way for the content of said websites. Such links are made solely for the User's convenience and access to such sites is at the User's own risk. A link from the Website to any other website does not imply that Ruling Companies approves, endorses or recommends in any way said website or has any control over any element of said website.

5.3 Third parties
Any dealings or communications made by the User through the Website with any third party other than the Company are solely between the User and that third party. Certain sections of the Website may provide links to websites that allow the User to perform transactions or purchase goods or services. These transactions may be conducted by third-party partners or vendors. In no event shall the Company be liable for any goods, services, resources, or content made available through such relationships or communications with such third parties, or for any related damages. Ruling Companies urges you to carefully review the practices and policies adopted by such third parties before entering into any transaction. Any complaints, claims or questions the User may have regarding materials or information provided by third parties should be sent directly to such third parties.

5.4 Violation of the General terms and conditions of use of the Website
The Company will assess the User's compliance with these General terms and conditions at its own discretion. Any violation of the same may result in the withdrawal of the license to use the Website granted by the Company in accordance with these General terms and conditions at any time, and Ruling Companies may enforce its rights to the fullest extent permitted by law.

6. Privacy

6.1 Ruling Companies respects and protects the privacy of its Users. Ruling Companies shall process the User's data, as autonomous Controller, only for reasons strictly related to the provision of the Service and shall not use such data for the purpose of sending editorial and/or promotional communications without having obtained the prior express consent of the latter.

6.2 The User accepts that Ruling Companies is entitled to access, store, use and process all the information that the User provides in accordance with the terms of the Privacy policy.

6.3 The User is also reminded that by accessing his/her Profile, s/he may correct, rectify or update his/her personal data at any time.

7. Transfer

The User may not transfer these General terms and conditions in whole or in part to third parties. Ruling Companies may at any time transfer these General terms and conditions in whole or in part to third parties.

8. Duration and survival of clauses

8.1 These General terms and conditions are effective as of the Effective date, shall remain in force for the period of 1 (one) year from said date and shall be automatically renewed for successive periods of one year each, unless one Party notifies the other Party by registered letter with return receipt of its intention not to renew the General terms and conditions at least 30 (thirty) days before the expiry date of each renewal.

8.2 The following clauses of the General terms and conditions shall remain valid and effective even after the conclusion of these General terms and conditions: Art. 3.3 (Licence); Art. 3.4 (Intellectual property rights); Art. 3.5 (Exclusions and limitations of responsibility); Art. 3.6 (Responsibility for comments); Art. 3.7 (Guarantees on comments and obligation to indemnify); Art. 3.8 (Free transfer of rights); Art. 4 (Representations and warranties of the User); Art. 5 (Indemnification); Art. 10 (Applicable law and jurisdiction); Art. 12 (General clauses).

9. Termination

9.1 Pursuant to Art. 1454 of the Italian Civil Code, in the event that the other Party fails to fulfil any of its obligations under the Contract, either Party may send a written notice to the defaulting Party requesting it to remedy the non-performance within 30 (thirty) days from receipt of the notice, warning it that, if the said period expires in vain, the Contract shall be deemed to have been terminated.

9.2 Ruling Companies, without prejudice to the right to compensation for any further damages, in the case of violation of Arts. 3.3 (License); Art. 3.4 (Intellectual property rights); Art. 3.5 (Exclusions and limitations of responsibility); Art. 3.6 (Responsibility for comments); 3.7 (Guarantees on comments and obligation to indemnify), Art. 4 (Representations and warranties of the User); Art. 7 (Transfer) by the User, pursuant to and for the purposes of Art. 1456 of the Civil Code, Ruling Companies reserves the right to suspend the User's registration or to terminate the contract without notice and/or to take legal action against the User.

9.3 This termination shall be in full force and effect, without prejudice to the right of Ruling Companies to take action against the User or their assignors to obtain compensation for any damages suffered as a result of improper use of the service. The User will be informed by e-mail of the termination or confirmation of the termination of the contract.

10. Applicable law and jurisdiction

10.1 These General terms and conditions are entirely governed by Italian law.

10.2 Without prejudice to the provisions established for the protection of consumers on the matter of the competent court, any dispute arising between the Parties in relation to the validity, interpretation, execution and termination of these General terms and conditions and/or in any case in connection with these General terms and conditions shall fall under the exclusive jurisdiction of the Court of Milan, to the exclusion of any other, even concurrent or alternative, court.

11. Modification

Ruling Companies reserves the right to update or modify these General terms and conditions at any time, in the event that such updates or modifications are necessary to adapt the Service to provisions of law or regulations that have arisen, to implement security measures that are necessary to optimise the provision of the service or to improve the characteristics of the Service. Ruling Companies will inform of any changes directly on the Website. Changes to the General terms and conditions will be automatically valid and effective from the 10th day from the date of publication on the Website and will be understood to be accepted by the User. The User acknowledges and accepts that it will be his/her responsibility to periodically check the page of the Website containing the General terms and conditions for any updates. In the event of changes to these General terms and conditions, the User shall still have the right to withdraw, which s/he may exercise at any time by simply notifying Ruling Companies in writing or by directly closing his/her Profile on the Website via his/her personal area.

12. General clauses

12.1 Any tolerance by Ruling Companies towards conduct of the User in violation of any provision of the General terms and conditions does not constitute a waiver of the rights arising from the violated provision, nor of the right to demand the proper fulfilment of all provisions of the General terms and conditions.

12.2 Failure to exercise or delay in exercising a right due to Ruling Companies under the General terms and conditions shall not constitute a waiver thereof.

12.3 The General terms and conditions contain the overall agreement reached by the Parties with respect to the subject matter thereof, and they prevail over all previous communications, declarations, understandings and agreements, both oral and written, reached by the Parties.

12.4 Should any term or other provision of these General terms and conditions be declared invalid, void or unenforceable, all other terms and provisions of these General terms and conditions shall nevertheless remain in full force and effect. In the event that any term or provision is annulled or null and void because it is invalid, contrary to mandatory regulations or unenforceable, the Parties undertake to negotiate in good faith to amend these General terms and conditions in such a way as to realise the original intention of the Parties in the best possible way in order to fulfil the commitments herein.

12.5 Ruling Companies and Users act in full autonomy and independence. These General terms and conditions do not create any relationship of collaboration, agency, association, intermediation or employment between them.

12.6 Any communication from one Party to the other pursuant to the General terms and conditions shall be sent either by registered letter or by e-mail (provided that the option of acknowledgement of receipt has been selected) to the following addresses:
for Ruling Companies: e-mail at privacy@rulingcompanies.com;
for the User: to the postal address, to the e-mail address communicated to Ruling Companies during the registration on the Website, as amended and updated by the User from time to time through his/her personal area on the Website.