Art. 1 – DEFINITIONS
1.1. These Terms and Conditions, made available to the User for reproduction and storage pursuant to Art. 12 of Legislative Decree no. 70/2003, govern the provision by Clariscience S.r.l., with registered and administrative office at Via del Vecchio Politecnico, 9 – 20121 Milan (Italy) (hereinafter the “Company”), of refresher and/or training courses.
1.2. “Consumer” means a natural person acting for purposes unrelated to, or not falling within, any entrepreneurial, commercial, craft or professional activity they may carry out.
1.3. “Professional” means any natural person acting within the scope of their commercial, industrial, craft or professional activity.
1.4. “User” means the party (Consumer or Professional) who purchases the online training course after having read and accepted these Terms and Conditions.
1.5. “Platform” means the online environment where distance learning courses in e-learning mode are purchased and delivered, accessible at https://engage.clariscience.com/ and https://academy.clariscience.com/.
1.6. “Contract” means the legal agreement concerning the provision of training courses concluded between the Company and the User through acceptance of these Terms and Conditions.
Art. 2 – ACCEPTANCE OF THE TERMS AND CONDITIONS
2.1. These Terms and Conditions may be updated, supplemented or amended at any time by the Company, which will provide notice via the Platform. Continued use of the Platform by the User following such changes constitutes express acknowledgment and acceptance of the amendments and updates.
2.2. Acceptance of the Terms and Conditions by the User, through the accurate completion of all required sections, is necessary for the conclusion of the Contract.
2.3. In any event, by electronically submitting confirmation of the purchase of a training course, the User unconditionally accepts and undertakes to comply, in their relationship with the Company, with the conditions set out below, declaring that they have read and accepted all provisions therein and acknowledging that the Company shall not be bound by any different terms unless previously agreed in writing.
2.4. The Platform uses cookies. For further information, please refer to the Cookie Policy.
Art. 3 – SUBJECT MATTER AND METHOD OF SERVICE DELIVERY
3.1. These Terms and Conditions govern the purchase by the User of online training courses provided by the Company and delivered as video lessons, either synchronously or asynchronously, accessible through the Platform, of variable duration, and described in the programs published on the Platform (“Courses”).
3.2. In order to access the Courses, Users must complete the registration, booking and purchase process on the Platform.
3.3. The purchase of Courses is permitted to Users of legal age who:
(i) have read the Privacy Notice and provided consent to data processing through the Platform; and
(ii) have accepted these Terms and Conditions.
3.4. After entering billing details, the User undertakes to make advance payment for the Courses as indicated on the relevant screen. Accepted payment methods are those displayed on the Platform at the time of purchase.
3.5 The Courses are accessible by logging into the Platform (username and password). Thereafter, by accessing their reserved area, the User may:
- view the teaching materials, where provided;
- participate in or view recorded lessons;
- where applicable, test their knowledge at the end of each module through assessment items and exam simulations, if provided.
Art. 4 – FEES AND PURCHASE METHODS
4.1. Payment methods for the Courses are indicated in the User’s reserved area at the time of purchase.
4.2. In the case of payment by credit/prepaid card, by completing the appropriate section on the Platform, the User — through a secure connection directly linked to the banking institution providing the online payment service — authorizes:
(i) the debit from their account in favor of the Company of the total amount indicated as consideration for the purchased service; and
(ii) the use of their credit card or any replacement card issued in substitution thereof.
4.3. Transactions and card data storage are handled through the Stripe service. As the Company is entirely external to this procedure, it cannot be held liable for any damages suffered by the User due to improper use or malfunction of payment systems.
4.4. For personal data processing purposes, it is specified that the provider offering the Stripe service acts as Data Processor pursuant to a specific agreement under Art. 28 GDPR.
Art. 5 – OBLIGATIONS, WARRANTIES AND LIABILITY OF THE COMPANY
5.1. The Company undertakes to manage and maintain the Platform to ensure the proper performance of the services covered by the Contract.
5.2. The Company shall be exempt from any liability for failure or delay in fulfilling its obligations under these Terms and Conditions, or for suspension of services, due to force majeure events, including where such events affect and delay or prevent the Professional’s performance. In such cases, the Company shall promptly notify the User in writing by email.
5.3. The Company shall not be liable to any User or third party for damages, losses or costs arising from non-performance of the Contract for reasons not attributable to it, including the circumstances referred to above or malfunctions/suspensions caused by third-party providers (e.g., hosting failures, internet network issues, email provider malfunctions, etc.). In such cases, the User shall be entitled solely to reimbursement of the price paid for the Course, or for the unused portion thereof, provided that a formal refund request is sent to info@clariscience.com within ten days from receipt of the communication referred to above.
5.4. The Company shall not be liable for damages resulting from the inability to access or use the Platform due to internet connection issues and/or technical malfunctions of equipment owned by the User or third parties and/or telephone or telematic connections not directly managed by the Company or its suppliers. In such cases, no refund shall be due.
5.5. Should the Company be held liable for Platform malfunctions, the User acknowledges and agrees that compensation shall be limited exclusively to reimbursement of amounts already paid for unused Courses, with no entitlement to further direct or indirect damages.
5.6. Except in cases of willful misconduct or gross negligence, the Company shall in no event be liable for any direct or indirect damages arising to the User or third parties from use, interruption, inability to use the Courses, unauthorized access, or alteration of User transmissions or data.
5.7. The Company shall not be liable for fraudulent or unlawful use by third parties of credit cards, checks or other means of payment at the time of payment for purchased services.
Art. 6 – USER OBLIGATIONS
6.1. The User undertakes to provide the information required by the registration procedure, assuming responsibility for its accuracy, completeness and truthfulness, and confirming under their own responsibility that they are of legal age.
6.2. The User guarantees the truthfulness of the information provided, which may be verified by the Company. In the event of false information, the Company shall have the unquestionable right to deny access to the Platform and seek compensation for damages. The User undertakes to keep all registration information up to date, modifying it directly through account settings where possible or alternatively contacting support by email.
6.3. Following registration, the User is solely responsible for their login credentials and for all activities carried out through their account. The User must immediately notify the Company of any unauthorized access or use of their username or password or any other security breach. The Company shall not be liable for damages arising from unauthorized or improper use of the account by third parties
6.4. The User undertakes to pay the full fee and not to disclose the teaching materials received following purchase of the Courses.
Art. 7 – RIGHT OF WITHDRAWAL AND REFUNDS
7.1. Pursuant to Articles 52 et seq. of Legislative Decree 206/2005 (“Consumer Code”), the User, if a Consumer, has the right to withdraw from the Contract within 14 (fourteen) days from its conclusion, provided that they have not already accessed the digital content of the Courses.
7.2. The right of withdrawal may be exercised by written notice sent by email to engage@clariscience.com within the above-mentioned period.
7.3. In accordance with Art. 59(1)(o) of the Consumer Code, the right of withdrawal is excluded in the case of supply of digital content not provided on a tangible medium once performance has begun, subject to the User’s express consent and acknowledgment of the loss of the right of withdrawal.
7.4. Outside the above cases, no refunds shall be granted, including in the event of non-use or partial use of the Course by the User.
Art. 8 – EXPRESS TERMINATION CLAUSE
8.1. The obligations undertaken by the User under Art. 6 (User Obligations) and Art. 11 (Intellectual and Industrial Property Rights), as well as the guarantee of successful payment of the fee for purchased services, are essential obligations. Therefore, by express agreement, breach of even one of said obligations shall result in termination of the Contract by operation of law pursuant to Art. 1456 of the Italian Civil Code, without prejudice to the Company’s right to claim further damages.
8.2. Termination shall take effect upon written notice sent by certified email (PEC) or registered letter with return receipt.
Art. 9 – VIOLATIONS OF THE COMPANY’S TERMS AND CONDITIONS
9.1. Without prejudice to Art. 8 above, in the event of violation of these Terms and Conditions by the User, the Company reserves the right to suspend or block, in whole or in part, access to the service, temporarily or permanently, without prior notice and without any refund of amounts already paid, reserving the right to take action to protect its rights.
Art. 10 – PRIVACY
10.1. The Company acts as Data Controller of the personal data provided by the User. Data are collected for the purposes indicated in the Privacy Notice and in compliance with the preferences expressed, in particular for Platform registration, performance of this Contract, and fulfillment of legal tax obligations.
10.2. The Platform’s data storage system, services and back-end data rely on servers hosted by third parties located within the EU territory.
10.3. 10.3. For further details regarding personal data processing, please refer to the Privacy Notice available on the Platform at: https://clariscience.com/legal/en/privacy-policy.
Art. 11 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
11.1. The Platform, its architecture, source and object code, underlying algorithm, graphical interfaces, as well as its contents, are owned by the Company.
11.2. The Platform is for personal, non-commercial use only. The User agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or record any material or content of the Platform and/or Courses, including teaching materials, or the use of or access to the Platform and/or Courses. 11.3. 11.3. In particular, Users may not, by way of example and without limitation:
- reverse engineer, decompile, disassemble, modify or create derivative software based on software for which the Company is the lawful licensee;
circumvent IT systems to access unauthorized sections of the site;
copy, store, modify, alter, prepare derivative works or otherwise alter any Company content, including teaching materials;
use robots, spiders, site search/retrieval applications or other automated devices or processes to access, retrieve, scrape or index any portion of the web app or its contents;
use the Company’s know-how, materials, ideas, images, texts, format or scripts to create similar or derivative services;
allow third parties not party to the Contract to access their reserved area;
disclose or share reserved area content with third parties not party to the Contract.
11.4. In addition to the right to terminate the Contract pursuant to Art. 8 above, the Company reserves the right to prosecute any unlawful act committed in violation of this clause and to claim compensation for greater damages.
Art. 12 – PLATFORM ACCOUNT DELETION
If the User decides to no longer use the services offered by the Platform, they must delete their profile/account using the specific function available in their personal area on the Platform.
