The following general terms and conditions (hereinafter referred to as the "General Terms and Conditions") apply to use of all the services (hereinafter referred to as the "Services"), identified and briefly described in art. 1 below, offered by Eni S.p.A., with head offices in Rome, Piazza Enrico Mattei 1 (hereinafter referred to as "Eni S.p.A." or "Eni"), the company that owns the portal identified at the URL https://eniscuola.eni.com (hereinafter referred to as the "Web Site" or also simply the "Site").
1. Identification of Services
Eni S.p.A. makes the following Services available to users on the Site, free of charge. As specified in these General Terms and Conditions and on the Site, some Services are dedicated exclusively to currently employed teachers and their use is subject to registration for a Restricted Area:
a) Up-to-date events and news on scientific topics
b) In-depth articles on the topics discussed on the Site
c) Publication of multimedia material on the topics discussed in the Site
d) Information on projects organised by Eni for schools, by itself, or in cooperation with other organisations, in Italy and abroad
e) Promotion and distribution, free of charge, of printed teaching materials
f) Open-access on-line training courses on site topics (e-learning)
g) General newsletter addressed to all users of the site who have expressly requested it
h) Area reserved for teachers only, accessible with personal access credentials, for the use of free on-demand courses and other materials for use in personal training to support classroom teaching ("Restricted Area")
i) Newsletter reserved for teachers who have registered for the Restricted Area and have expressly requested it.
Eni may expand the range of Services by notifying Users on the Web Site.
In this case, these General Terms and Conditions shall also apply to all subsequent Services, as identified each time. Users are responsible for periodically checking the Site for updated or modified versions of the Services.
The Services made available freely or in the Restricted Area are covered by specific agreements with the Ministry of Education and Merit or with other public education departments, since they are private initiatives created and made available by Eni.
2. Method of delivery of the Services
Even when using Services for which Eni does not request any payment, the user must acknowledge the following:
- Services provided by access to the Restricted Area may only be used by adult users;
- Eni S.p.A. may at any time suspend or permanently interrupt the provision of Services entirely or in part;
- use of the Services is at the sole risk and responsibility of the user;
- the Services are provided to the user without payment of any fee, in the state in which they are found and without any promise or guarantee that the contents are valid, accurate, or updated or of the continuity of the Service, or that the contents, including those made available on demand in the Restricted Area, comply with training programmes and indications of the Ministry of Education and Merit or other public education offices;
- Eni S.p.A. offers no guarantee that the Services will meet the user's requirements, or that they will be uninterrupted, suitable, reliable or error-free;
- Eni S.p.A. offers no guarantee as to the results to be expected, hoped for or obtained by use of the Services;
- the Services provided by Eni do not include those relating to telecommunications (including packet-switched data transmission services); the aforementioned telecommunication services must be sourced independently by the user at his/her own expense and Eni S.p.A. shall not take any part in dealings between the user and his/her service provider;
- the Services may not be supported by some of the browsers and/or operating systems on the market or certain versions of them, and it shall be the responsibility of the user to find the correct combination of software and hardware that allows adequate enjoyment of the Services;
- in the case of services dedicated to teachers (such as the specialised newsletter and access to and use of content made available in the Restricted Area), Eni will not verify the existence and continuance of the user's qualification as a teacher for the entire period of validity of the contractual agreement with the user. To this end, the user accepts responsibility for declaring the existence of the qualification and promptly notifying Eni if it ceases to exist.
- the user accepts that the newsletters (the generic one and the one provided for teachers registered in the Restricted Area) will be sent by Eni S.p.A. to the e-mail address provided by the user when requesting the Service. The user accepts responsibility for ensuring that this address is operational and that he/she has the right to access and use it, given that Eni shall not take any responsibility in any way for the information provided by the user or for sending newsletters to e-mail addresses that are not for the exclusive use of the user but are shared with third parties.
3. Modifications to the General Terms and Conditions
The User expressly authorises Eni S.p.A. to send, with suitable advance notice, to him/her at his/her e-mail address, any modifications to the General Terms and Conditions and any special conditions, which shall constitute all the contract terms for the provision of the Services. The user undertakes to print the General Terms and Conditions and all subsequent amendments thereto on paper or on a suitable durable medium and to retain them. The use of even a single Service by the user shall constitute confirmation of his/her willingness to accept the General Terms and Conditions, any special conditions and any subsequent amendments thereto.
4. User's personal user ids and security; indemnity
The user undertakes to use his/her user ID and/or password in a manner permitted by these General Terms and Conditions and not to commit security breaches.
The User takes exclusive responsibility for all his/her activities within the Services and agrees to indemnify and hold harmless Eni S.p.A. from any claims, demands or threats relating to or deriving from the use or abuse of his/her use of the Services. Breach of the obligations set out in these General Terms and Conditions may result in temporary or permanent suspension of the User from the Services or from access to the Portal. A suspended or deleted user is prohibited from registering in the Restricted Area using a different account.
In order to be able to use the Services indicated in Article 1 letters h) and j), the user must register in the Restricted Area of the Site, which can also be accessed through the App, filling in the relevant registration form and viewing and accepting any contract and privacy documentation submitted to him/her.
Upon completion of the registration process, the user will receive an e-mail at the e-mail address provided by him/her confirming registration, acceptance of the General Terms and Conditions and acknowledgement of the Information Notice. By registering for the Restricted Area, the user declares that his/her personal data is up-to-date, correct and true. The user shall also undertake to promptly update the recorded data so that they are constantly accurate, complete and true.
The password entered must have a minimum of 8 and a maximum of 14 characters. The password and user name used to access the Restricted Area are personal and non-transferable. The user shall be responsible for maintaining the secrecy of his/her password and user ID.
5. Intellectual and industrial property rights in relation to the Web Site and the Services
The User expressly recognises that all intellectual property rights, including but not limited to, know-how, source code, software, hardware, projects, applications, patents, industrial secrets, formulas, algorithms, models, data banks and the like, relating to the Services, data and other material provided by Eni or in any case made available to the User by Eni S.p.A. in accordance with the General Terms and Conditions, remain the exclusive property of Eni S.p.A, and that no rights, except that of exclusively personal use in accordance with these General Terms and Conditions, are granted to the User in relation to the above.
The databases on which the Services are based (hereinafter referred to as the 'Databases') as well as the contents of the Website are protected by copyright pursuant to Law No. 633 of 22 April 1941, as amended by Legislative Decree No. 169 of 6 May 1999 (hereinafter referred to as the 'CopyrightLaw '). The Databases are also the subject of significant investments by the originator ENI S.p.A., with consequent protection also pursuant to Articles 102 bis and 102 ter of the Copyright Law. For the purposes of the aforementioned protection, the only permitted use of the Databases by Users is that made in accordance with these General Terms and Conditions. In no event shall these General Terms and Conditions be construed as conferring upon Users the right to extract or reuse all or a substantial part of the Data.
6. Prohibition of resale or commercial use of the Services
The user's right to use the Services is personal and non-transferable. The user may only access the Services as an individual for strictly personal use and in any case not for gain, profit or in any case for the purpose of obtaining financial advantage. The user is prohibited from incorporating any of the content extracted from the use of the Services into works of authorship. It is forbidden for the user to reproduce, publish, distribute, set up a database, translate, adapt, duplicate, copy, sell, subject to framing or deep linking, resell and in any case exploit the Services in any of their parts or anything extracted from the Databases, as well as the use of or access to the Services for commercial purposes or in any case for profit or gain.
7. Links and External Links
Eni may provide links to other sites or other resources on the Internet. The User acknowledges and recognises that Eni has no control over the content of such sites and as a mere third party has no responsibility for the content and/or material, including advertising material, disseminated on such sites or external resources or for the products or services offered therein. Such products or services cannot be considered in any way to be sponsored, shared or supported by Eni S.p.A. and therefore the user takes full responsibility for any purchases made of such products or services.
8. Limitation of Liability
In consideration of the fact that the Services are provided free of charge, Eni S.p.A. declines all responsibility for any possible claims by the user relating to the impossibility of using the Services for any reason whatsoever. Eni S.p.A. accepts no responsibility for damages, claims or losses, direct or indirect, deriving from the failure and/or defective functioning of the electronic equipment belonging to the User him/herself or to third parties, including Internet Service Providers, telephone and/or computer connections not directly controlled by Eni S.p.A. or by persons for whom Eni S.p.A. is responsible. Eni S.p.A. shall not be held in breach of its obligations or liable for damages resulting from:
- failure to provide the Services due to the malfunctioning or failure of the electronic communication device due to causes beyond its foreseeable control, including but not limited to fire, natural disasters, power failure, unavailability of telephone lines or other network service providers, malfunctioning of computers and other electronic devices, including those not forming an integral part of the Internet network, and malfunctioning of computer programs installed by the user;
- the actions of other users or other persons with access to the Internet.
9. Use for Lawful Purposes and Indemnity
The user undertakes to use the Services exclusively for lawful purposes permitted by the applicable legal provisions in force, by custom and practice, by the rules of due diligence, in any case without infringing the rights of any third party, whether or not a user of the means of communication, and with particular regard to data protection regulations, laws on the protection of intellectual and industrial property, the protection of personal data, the current rules on computer crime and telecommunications regulations. The User accepts full responsibility for the content of messages and texts sent by him/her, accepting sole responsibility for them and relieving Eni S.p.A., as well as those connected to or controlled by the same, its representatives, employees and any partner of Eni S.p.A. from any consequent claim for damages or compensation and reimbursing Eni S.p.A. for any costs deriving from third party claims or actions against Eni S.p.A. for damages caused by the User or by persons authorised by the User to access the Services.
Any information and/or material provided to Eni by any user of the eniscuola.eni.com Site through the Site shall not be considered to be of a confidential or private nature. Therefore, no obligation shall arise for Eni with respect to such information and/or material; Eni reserves the right to use such information and/or material in the manner it deems appropriate.
10. Applicable law and place of jurisdiction
These General Terms and Conditions are governed by Italian law. In the event that any of the provisions contained herein are deemed, entirely or in part, to be invalid, void and/or otherwise unenforceable by virtue of the provisions of the law in force, the remaining provisions shall nevertheless be considered fully valid and enforceable.
In the case of a user who qualifies as a consumer, in accordance with current legislation, the Court of the place of residence or domicile elected by the user in the territory of Italy shall have exclusive jurisdiction for any possible dispute in which Eni is involved and which may arise from the use of the Site, the Services and/or the breach of these General Terms and Conditions. In all other cases, the Court of Rome shall have exclusive jurisdiction.