Conditions of use online

DGM Consulting S.r.l., with registered office 20122 – Milano, via Cosimo del Fante 16, VAT number 04051310961 (hereinafter, DGMCO), is the sole and exclusive owner of the dgmco.co.uk website, its contents and any sub-domains (hereinafter referred to as the Site).

These online conditions of use (hereinafter, CU) govern the relations relating to the services offered by DGMCO in favor of Users, as below defined, who access the Site, and must be considered together with the Privacy Policy and the Cookies Policy. In case of disagreement with the CU or subsequent amendments thereof, the User will have the right and duty to immediately stop using the Platform. DGMCO has the right, but not the obligation, to strictly enforce the Terms of Use through community moderation and litigation in the appropriate judicial offices.

Through the Site, DGMCO provides an online space available to Users through which it is possible to consult case studies carried out by DGMCO. By using the Site, the User accepts DGMCO’s CUs.

Art. 1 – Definitions

User Account: the account created by the User in accordance with art. 4 CU.

Reserved Area: the portion of the Site accessible upon creation of a User Account and only by authorisation granted by DGMCO.

Conditions of Use or CU: this document and the provisions herein.

Contents: (i) files containing text, images, audio and/or video recordings, data and/or information organised in a database and in any case all files, documents and/or information in any format made available by the Users and that DGMCO makes available through the Platform, or the Services, including any Content licensed by a third party; (ii) files containing text, images, audio and/or video recordings, data and/or information organised in a database and in any case all files, documents and/or information in any format are transmitted, copied, sent, made available to the Users of the Platform also by the Users themselves.

Reserved Contents: Contents, such as, by way of example, “business cases” and/or “case studies” conducted by or referring to activities carried out by DGMCO, accessible only by registering on the Site and accessing the Reserved Area.

Personal data: all personal information related to each User, including the name of the person, name of the company, bank details, VAT number, address and telephone number, possibly collected through the Platform.

User: all natural or legal persons who access or use the Platform.

Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.

2. Description of the Platform

2.1 The Site is a showcase for DGMCO and its services as well as a point of access to a Restricted Area where Users, having the relevant authorizations, can access Reserved Contents. DGMCO has no control over the conduct of Users and excludes all liability in this respect to the fullest extent permitted by law. DGMCO reserves the right to approve the registration of Users. In case of non-approval, the Account and all its contents may be deleted from the Site without prior notice.

3. Privacy

The User declares to have read the DGMCO Privacy and Cookie Policy, available at https://dgmco.it/en/privacy-policy/ and https://dgmco.it/en/cookie-policy/, as amended from time to time. These Policies govern the acquisition and use by DGMCO of the Personal Data of the Users.

In particular, DGMCO acknowledges and confirms that any Personal Data processing that derives from the execution of the CU will be carried out solely for the purposes connected to such execution or for the other purposes for which the User has given express and unequivocal consent, and however in compliance with the provisions of Legislative Decree 196/2003 and subsequent amendments, Legislative Decree 101/2018 as well as by EU Reg. 679/2016.

In particular, the User declares to have been informed about:

a) the purposes and methods of processing for which the data are intended;

b) the mandatory or optional nature of providing the data;

c) the consequences of any refusal to respond;

d) the subjects or categories of subjects to whom the data may be communicated and the scope of dissemination of the data;

e) the rights referred to in Articles 15 (right of access), 16 (right of rectification), 17 (right to be forgotten), 18 (right to limit processing), 20 (right to data portability) of the Regulation;

f) the name, denomination or company name and the domicile, residence or registered office of the data controller.

4. User Account

To register and use the Service, each User must first create a User Account, providing his Personal Data, which are essential for the proper functioning of the communication service between people. Users, with the creation of the User Account, declare that they are over 18 at the time of their registration and that they have all the powers and/or all the authorizations necessary to bind themselves and/or other entities, physical or legal, which they represent under the conditions set out in these CU.

When filling in the forms provided in the section reserved for the registration of the User, this will indicate a User-Id (of which the system will automatically verify the uniqueness) and the preferred password. In the event that the User-Id is already present in the database, the User must indicate a further one until the system positively verifies the uniqueness of the same. The User-Id together with the password will constitute the authentication credentials (hereinafter, Credentials).

The User-id will allow the identification of the User as the subject to which to attribute the activity or requests for services on the Platform.

Credentials are personal, confidential and non-transferable.

The User undertakes not to provide any incorrect or false information. In any case, FGMCO cannot in any case be held responsible for the incorrectness or falsity, innocent, guilty or malicious, of the information communicated by Users.

Each User undertakes to use only and solely the User Account initially created, regardless of whether it has been registered under its own identity or under that of a third party. In no case may the User be able to use the User Account of third parties. Any exception to this rule must be explicitly requested by the User to DGMCO. The User will therefore only be able to proceed with an explicit and specific authorization from DGMCO. In the absence of such explicit authorization, the creation or use of new User Accounts under one’s own identity or under that of a third party may result in the immediate and indefinite Suspension of the User Account or its definitive Cancellation.

In order to complete the registration process and the creation of the Account, the User must agree to comply with the present CU and Privacy Policy. Otherwise, the User will not be able to complete the registration process and the respective creation of the User Account.

At the end of the registration process, the User will receive a confirmation of successful registration to the email address he/she provided during registration.

4.1 Account Cancellation, Suspension and Ban

The User is required to comply with these CU and any rules and/or provisions indicated on the Platform, in addition to any other obligation deriving from current legislation. In case of violation by the User of one or more of these provisions, DGMCO reserves the right, at its discretion, to proceed with the Cancellation, Suspension and / or Ban, as defined below, of the Account of the aforementioned User.

It is understood that violations may also be discovered through one or more reports submitted by other Users.

Account Deletion: The individual User’s Account is completely removed from the Platform and any data concerning the User is deleted. Therefore, following cancellation, DGMCO will no longer be in possession of any data communicated by the User during the registration and account creation phase.

Account Suspension: the User maintains his or her personal Account as well as being able to access the Platform and the App. However, the User will be prevented from using the Services offered on the Platform.

Account Ban: the User Account will be completely blocked in all its functions without, however, being removed and/or canceled. In this way, DGMCO will be able to prevent the User subjected to Ban from creating a new User Account by reusing their Credentials and proceeding to use the Services again. It is understood that DGMCO will use the data and personal information of the User subjected to the Ban only and exclusively to the extent strictly necessary to make the Ban effective and to monitor (and prevent) any attempts to reopen a User Account by the subject subject to the Ban.

It is understood that in the event of Cancellation, Suspension or Ban of the Account, the User is not entitled to any refund and/or compensation arising from the impossibility of accessing the Reserved Area and/or Reserved Content.

5. Withdrawal from the Reserved Access service

In accordance with Directive 2011/83/EU and art. 52 of Legislative Decree 2005, n. 206 (hereinafter, Consumer Code) the User has the right to withdraw within 14 days from the moment of the request for access to the Reserved Content service.

Regarding the aforementioned services of DGMCO, however, the User, at the time of registration on the Site, explicitly agrees to waive such right since the service consists of digital content offered through a non-material medium which takes place immediately upon the User’s registration on the Site. This circumstance constitutes an assumption of exclusion of the application of the right of withdrawal as provided for under Article 59, paragraph 1 letter o) of the Consumer Code.

6. Liability of DGMCO

6.1 Exclusion of liabilities

The User accepts that the use of the Platform and the Service offered by it is entirely at his/her own risk and responsibility. The Platform and the Service provided by it are provided on an “as is” and “as available” basis, without warranties and/or liability of any kind. All express and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose are expressly excluded to the fullest extent permitted by law, and to the same extent, DGMCO disclaims all warranties for the safety, reliability, timeliness, accuracy and performance of the Platform.

To the maximum extent permitted by law, DGMCO cannot be held liable for other services or goods received through or advertised on the Platform.

To the maximum extent permitted by law, DGMCO cannot be held liable for the transmission of computer viruses or other harmful components in connection with the Platform or Service.

6.2 Limitation of liability

Under no circumstances may DGMCO be held liable for damages to third parties or contracting parties resulting, directly or indirectly, from the use of the Platform or the Service, or resulting from any contract between the User and third parties. This exclusion of liability concerns, among others, direct, indirect, accidental, special, exemplary and consequential damages, including: loss of profits, loss of data or loss of goodwill; computer damage; cost of substitute products or services; any damage related to personal or physical injury.

This limitation of liability shall extend to cases where DGMCO is advised of the possibility of such damages.

The damages to which the limitation of liability refers may result from: the use or misuse of the Platform or the Service, the inability to use the Platform or the Service, or the interruption, suspension, modification, alteration, or termination of the Platform or the Service.

This limitation also applies in relation to damages suffered due to other services or products received through advertising or in connection with the Platform or the Service or any link on the Platform, as well as due to information or advice received through or advertised in connection with the Platform or the Service or any link on the Platform. These limitations apply to the maximum extent permitted by law.

7. Contents published on or through the Platform

7.1 Links to other websites

The Platform and the Services may contain links to third party websites or resources. DGMCO is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the Contents, products, or services available on such websites or resources. Links to such websites or resources do not imply any endorsement by DGMCO of said websites or resources or of the content, products or services available on such websites or resources. The User assumes sole responsibility and assumes all risks arising from his use of such websites or resources or from the contents, products or services on or available from such websites or resources.

DGMCO is also not responsible for the privacy policies or practices adopted on other websites. When a User of the Platform clicks on a link that directs to another site, the User is responsible for reading the privacy policies of that site.

8. Amendments

DGMCO reserves the right, at its sole discretion, to modify the Platform or the Services, or to modify these CUs, at any time and with notice of not less than 15 days through the Site or a notice when the Site is updated. In case of changes to the CUs, they will be published on the Platform and the “Last update date” at the bottom of the CUs will be updated. By continuing to access or use the Platform or the Services from the time of the change notice, the User accepts these conditions as modified. If such changes are deemed unacceptable, the only possibility will be to cease using the Platform.

9. Intellectual and industrial property rights

All the Contents are to be intended as the exclusive property of DGMCO and in no case the granting of the faculty of access to the Reserved Area or to the Reserved Contents can be considered as a transfer, license or faculty of use of the same for any reason other than the mere use for consultation purposes. Users are therefore precluded from copying, distributing, reproducing, processing or modifying, by way of example only. Each of the Reserved Contents and any information incorporated therein shall be considered as “confidential information” or, as the case may be, “trade secret” under art. 98 D.Lgs. 30/2005 (“Intellectual Property Code”) and the User undertakes and guarantees to DGMCO, also under art. 1381 c.c. as regards its employees and collaborators, to maintain the strictest confidentiality.

Without prejudice to the provisions contained in DGMCO’s Privacy Policy, any Content transmitted through the Platform by Users, whether by email or other means, for any reason whatsoever, shall be treated as non-confidential and not proprietary. In the event that Users own all rights to such communications or Content, they expressly grant DGMCO and its designated licensors a non-exclusive, perpetual, worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, or use such material for any purpose, regardless of the form or medium (now known or currently unknown) in which it is used.

The User is required to refrain from publishing confidential or protected information such as intellectual or industrial property rights on the Platform, unless otherwise agreed in writing.

10. Complaints management

If a User considers that the conduct of other Users is inappropriate, that his intellectual or industrial property rights have been infringed, as well as his privacy, or that there are malfunctions of a technical nature of the Platform, the User himself, within 48 hours from the discovery of the violation, must immediately send a written communication to DGMCO at the e-mail: [email protected]

To be effective, the notification must include:

  • The physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • the User anagraphic datas that were provided at the time of the creation of the User Account in order to be able to correctly identify it;
  • a detailed explanation of the malfunction or the violation and the reasons why it is believed that this action is inappropriate and/or detrimental to the rights of the User who is filing the complaint;
  • the User’s personal data connected to the User Account of which it is believed that the violation and / or the illegitimate conduct has been committed;
  • a statement in which the injured party declares that the information contained in the notification is accurate and, under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right, allegedly infringed.

With particular regard to complaints regarding issues of infringement of intellectual or industrial property, the User will also be required to communicate in the complaint:

  • Identification of copyrighted or trademarked Content that you believe has been infringed;
  • Identification of the material believed to be the subject of illegal activity and information reasonably sufficient to enable us to locate the material;
  • A statement that the injured party has a good faith belief that the use of the material is not authorized by the copyright or trademark owner, the appointed agent, or the law;
  • The User accepts that upon receipt of a notice of intellectual property infringement complaint, FG can immediately remove the materials identified on the Platform without any liability to Users or third parties.

11. Waiver

The User undertakes to release, defend, indemnify and hold DGMCO and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising from, or in any way related to:

  1. access or use of the Platform, the Services or the Contents by them or the violation of these CU;
  2. the Contents processed, transmitted, copied, sent, made available by the Users themselves;
  3. any of the following actions carried out by the User himself:
    • interaction with any User;
    • the request for a Service.

DGMCO reserves the right, in its sole discretion, to organize the defense with a lawyer of its choice, against all legal claims, lawsuits or other nature that require financial compensation put in place by the User, without the User can object to anything.

12. Relationship between the parties

DGMCO and the Users are independent parties, each of which acts in its own name and account and for its own purposes. The CUs do not create any bond of subordination, agency, representation, association, intermediation, partnership, employment or franchising relationship between DGMCO and any User.

None of the clauses contained in the CU, or in the DGMCO policies, or any other material, can be considered intended to constitute, create, give effect or otherwise recognize a company, an agency, a joint venture or a formal business entity of any type, or to create a relationship of trust between the parties.

The rights and obligations of the parties must be limited to those expressly indicated in this document.

DGMCO retains the right to cancel the creation of User Accounts that it deems to have been placed in contravention of the rules set out in these CU or other regulations published on the Platform and, in the same way, to suspend, delete or ban the Accounts through which such violations have been made.

13. Applicable Law and Arbitration

These CU are regulated and interpreted in accordance with the laws of the Italian Republic.

The parties to these CU will submit disputes arising from the CU to the conciliation attempt provided for by the Conciliation Service of the Arbitration Chamber of Milan. In the event that the attempt fails, all disputes arising from these CU, even of a non-contractual nature, relating or connected to the same as well as to the interpretation of its parties, will be resolved by arbitration according to the Rules of the Arbitration Chamber of Milan, by a sole arbitrator, appointed in accordance with these Regulations. The Arbitral Tribunal will judge according to fairness. The seat of the arbitration will be Milan and the meetings may also be held electronically, if the identification of the Parties is permitted and they have full power to listen and intervene. The language of the arbitration will be Italian.

14. Additional terms

The User accepts that the rights and obligations contained in these CU, as well as any other documents that are incorporated into them by reference, may be freely and legitimately transferred from DGMCO to third parties in the event of a merger or acquisition, or of other event;

In any case, through the Platform, Users undertake to comply with all national and international laws and all regulations currently in force for the use of the DGMCO Services in relation to the activities carried out on the Platform by the Users themselves. No derogation from these CU is granted without the written authorization obtained and a new contract signed between DGMCO and the User;

All communications to the attention of Users will be sent to the e-mail address provided when registering on the Platform. Messages and notifications are considered received 24 hours after sending the e-mail, unless a notification has been received indicating that the e-mail address is invalid or not working.

 

     Last Update: 08 April 2021