HR Community Academy (as described and identified at the foot of this Agreement) is an innovative service aimed at providing a networking platform for all those working in the Human Resource management sector within medium and large-sized businesses, acting as a real, unique and exclusive collaboration tool. This offers the opportunity to start professional collaborations, exchange ideas, conduct benchmarking activities, seeking and/or providing professional advice, sharing corporate practices, updating one’s professional training skills and much more. By mere way of example, HR Community Academy may provide, through the virtual platform www.HR Community Academy, functions and services for the management of: contacts, Q&A, repositories, geolocation maps on contacts and companies, agenda and task manager, focus groups on HR culture, and any other service developed thereafter (the “Services”).
Who can subscribe to HR Community Academy
Subscription requests to HR Community Academy and the related Services may only be submitted by HR managers operating within medium and large-sized businesses who do not pursue directly, with their professions, purposes of a commercial nature. Subscription to HR Community Academy will therefore be aimed solely at pursuing training, benchmarking and professional exchange purposes in relation to one’s profession. Subscription requests are evaluated and approved or rejected at the final discretion of HR Community Academy, in its capacity as holder of all rights both in relation to the Services and software and intellectual property. Professionals and managers from Partner firms intending to explicitly or implicitly pursue development purposes and interests of a commercial nature (including also the professional purposes of freelance professionals) may, on the contrary, submit a subscription request to HR Community Academy by duly completing the necessary profiling procedure. Such request will be evaluated by the HR Community Academy Staff, who in the event of subscription confirmation or denial will respectively inform the Partner. The services available, in this case, will be present exclusively in the HR Community Academy area dedicated to discussion Business Groups, all other areas being excluded. It is specified that the services of the “Groups” area dedicated to professionals, managers and companies belonging to Partner firms may explicitly pursue and engage in purposes other than those dedicated to User HR managers. The said subscription requests are also evaluated and approved/rejected at the final discretion of HR Community Academy and are stipulated through a different and separate agreement of a commercial nature with HR Community Academy which may, if necessary, include costs and financial commitments adjusted according to varying degrees of progression. Any improper attempted intrusion into HR Community Academy Services, for purposes other than those expressly set out in this Agreement, may be subject to prosecution pursuant to the legal regulations currently in force and will result in the immediate deactivation of any activated login account.
HR Community Academy is a safe work tool
From a technological point of view, HR Community Academy uses server infrastructures aimed at ensuring the security of all data and of all transactions and activities on the WEB. HR Community Academy works on a daily basis to keep such a level of security and reliability constant and safe from viruses and any sort of unauthorised technological and individual interference not in line with the requirements imposed by HR Community Academy. Any form of illegality found in the content or in the transactions enabled by HR Community Academy Services will be immediately isolated and reported to the competent authorities.
HR Community Academy Licence Agreement
1. How to register with HR Community Academy
2. The User’s requirements
HR Community Academy grants its user licence solely to HR managers operating within medium and large-sized businesses who do not pursue, directly through their profession, purposes of a commercial nature and pursue the exclusive interest of engaging in professional training, exchange and sharing activities related to their profession as specified in the Preamble. Users entering into this Agreement must be at least 18 years of age, must not have been previously banned from using HR Community Academy Services, must not engage in any direct and/or indirect competition with HR Community Academy Services and must be in full possession of their mental and professional abilities. It is reiterated that HR managers must be active and employed within a medium or large-sized business, or be in possession of the required proxies, including on a provisional basis, or act in the capacity of Partner/Student authorised by HR Community Academy. Furthermore, they must not have more than one access to HR Community Academy Services nor transfer their login credentials – defined as being of a strictly personal nature – to any third parties. In addition, they must accept to independently equip themselves with the hardware and software tools capable of taking full or partial advantage of the Services provided by HR Community Academy (web cam, Internet connection, microphone, etc.) as supplied.
3. User’s Authorisations
The information and data (the “Content”) provided by the User through the use of HR Community Academy and HR Community Academy Services must be truthful, not confidential and must not breach any contractual or legal obligations incumbent on the User or any Third parties. The User grants to HR Community Academy a non-exclusive, irrevocable right, without time limitations and/or restrictions of a geographical nature in relation to the information, content and materials provided. Likewise, the aforesaid right must be deemed, for all intents and purposes, to be capable of being transferred and used by HR Community Academy including for any purposes that may not be directly linked to the purposes of the current and future Services, without however being for this reason eligible for any compensation and/or economic advancement for the User or any Third parties involved by the User. The information submitted by Users is therefore exposed to the risk of loss for the Users themselves and can be used by HR Community Academy in any manner, including with commercial purposes, through current and future techniques and channels. It remains understood that Users, with the signature of this Agreement and the subsequent subscription to the Services made available by HR Community Academy, may, depending on the Service and for the enjoyment of the same, be required to include, under their own responsibility, their own personal details and Content, if any, including where shared with other Users.
4. Access to HR Community Academy Services
Users of HR Community Academy Services are required to take all the necessary precautions in order to protect and store their login credentials (comprising a username and password); the login credentials to HR Community Academy are of a personal nature; Users may not transfer, whether free of charge or for valuable consideration, their own login credentials to third parties nor are they entitled to use the login credentials of other registered Users (e.g. a colleague from their company); Users will be personally liable for any fraudulent use of their account unless they are able to prove that the security of their account was compromised for reasons that may not be directly or indirectly attributed to them. Users may deactivate their account at any time, both on account of personal or professional reasons, such as, for example, in the event of circumstances that make the use of the Service no longer capable of ensuring the security levels required by the same Service as specified in paragraph 6 of this Agreement. Likewise, Users may not transfer or delegate or waive any of the rights or obligations arising from the Agreement. HR Community Academy may freely transfer or delegate all the rights and obligations by virtue of the Agreement, wholly or partially. Consequently, HR Community Academy may replace this Agreement, including partially, with a unilateral novation, having validity solely following notification to the User, with a third party who will undertake all or a part of the rights and undertakings entered into through this Agreement.
5. The User’s obligations
The request and fulfilment of the subscription to HR Community Academy are based upon the assumption that the Users of the HR Community Academy Services have read, understood and accepted the general terms and conditions of this Agreement, thereby undertaking, aside from adhering to the Agreement itself, to do as follows:
- comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws and regulatory requirements in force in their own Country;
- provide truthful personal and professional information and update it if necessary;
- use the Services, channels and opportunities provided by HR Community Academy in a professional and fair manner;
- consult and, if applicable, accept and adhere to the notices sent by HR Community Academy, through the communications disclosed by the platform, with regards to the supplementary Services that may be updated or released ex novo over time into HR Community Academy channels or into the channels associated therewith, whether current or future.
Furthermore, Users undertake to refrain from the following:
- acting in a dishonest or non-professional manner by engaging in inappropriate conduct through the publication on HR Community Academy of inadequate, inaccurate or questionable content;
- making statements of an offensive and/or abusive or slanderous nature addressed to individuals or legal entities and/or their services and/or their opinions; issuing political, religious or anti-religious declarations and declarations that are in any event of a slanderous and/or racial nature against any race, gender, type and/or category through the use of HR Community Academy Services and channels;
- publishing copyright material, publishing any material with pornographic content, infringing copyright laws or reproducing and/or distributing material without the express authorised and informed consent of the legitimate owners;
- including external links having the sole aim of promoting products and services with purposes of a commercial nature, including when these relate to the HR management sector without a specific authorisation to be requested via e-mail at the address partnership@HR Community Academy;
- promoting directly or indirectly the sale of products and services of entities (Individuals and/or Companies) not directly linked to those present and authorised in the “Groups” area of HR Community Academy without a specific authorisation to be requested via e-mail at the address partnership@HR Community Academy;
- generating a user profile not related to one’s person or assuming a false identity containing false information of a personal and/or professional nature;
- inviting unknown people to join their network;
- using or attempting to use other people’s accounts;
- loading, publishing, sending e-mails, submitting or otherwise making available or giving rise to any content which:
- erroneously represents, personifies or otherwise misrepresents their identity, including but not limited to, the use of a pseudonym, or misrepresents their current or previous roles and qualifications or their affiliations with a certain individual or entity, whether past or present;
- includes information that they have no right to reveal or disclose in compliance with a law or within the scope of contractual or fiduciary agreements (such as inside information or confidential information learned or disclosed in the course of a professional collaboration or by virtue of confidentiality agreements, including any private or confidential information relating to their company);
- falsifies registrations or otherwise manipulates identities in order to conceal the source of each notice submitted with HR Community Academy Services;
- creates profiles or provides Content for the promotion of escort or prostitution services, even if the same are legal in the place where Users are located;
- using the Services available on HR Community Academy in order to harm or harass another user or other people in general;
- using the Services available on HR Community Academy to send unsolicited communications by way of spam messages or chains or multilevel marketing;
- uploading profile pictures that do not correspond to one’s person;
- uploading/publishing/disclosing, for whatever reason and through HR Community Academy channels, content in breach of confidentiality rights, protected by copyright, which makes improper use of trademarks and which is generally protected by rights under private law;
- including unsolicited advertisements and forms of improper solicitation which, through HR Community Academy channels and Services invite Users to network and exchange communications for purposes that are not directly linked to the purposes of HR Community Academy Services as described in the Preamble to this Agreement;
- voluntarily spreading, including through a careless use of electronic messages containing software with trojan horses, viruses, worms or other computer codes, files or programs capable of technologically interfering with HR Community Academy channels and Services or capable of acquiring confidential information available in the profiles of other Users or causing damage to HR Community Academy servers and Services and/or to the computers of other Users;
- consulting the documents and Content, in general, published on the HR Community Academy virtual platform for purposes other than their own personal ones, or for directly or indirectly commercial purposes.
The following is also prohibited:
- any acts of decompiling or reverse engineering of HR Community Academy, as well as its associated current or future services and applications, and any attempts at obtaining the source code which is the exclusive property of HR Community Academy;
- the use of the HR Community Academy trademark and the use of HR Community Academy Services for purposes other than those defined in this Agreement;
- the use of solutions and/or methods aimed at retrieving/adding/modifying/altering contacts and/or data as well as partial information relating to the contacts present on HR Community Academy, other than those envisaged and present within HR Community Academy Services;
- any attempts at forcing or compromising the security of HR Community Academy Services both through direct and indirect actions, including with the intervention of third parties, or through solutions of a technological nature used to cause damage, overloading and malfunctioning of HR Community Academy Services and of the servers that enable it to function correctly, including those associated with the Services and channels directly present or linked to HR Community Academy;
- duplicating, authorising, sub-licensing, publishing, circulating, transmitting, distributing, producing, viewing, selling, branding or otherwise transferring information found on HR Community Academy (except for the Content legitimately sent by the User), including any information retrieved from the repository, save as in the manner permitted under this Agreement subject to the terms and policies of the developer of HR Community Academy or as expressly authorised by HR Community Academy;
- using the information, Content or all data that the Users view or obtain from HR Community Academy in order to provide any service in competition with HR Community Academy;
- implying or stating, directly or indirectly, to be a representative of, or to be referred by, HR Community Academy, unless a written agreement has been entered into with HR Community Academy;
- adapting, modifying or creating derivative works based on HR Community Academy or on the technology underlying the Services or Content of other Users, wholly or partly, unless with the express consent of HR Community Academy;
- leasing, lending, marketing, selling or reselling access to HR Community Academy or to any information or similar, present therein, whether wholly or partly;
- selling, sponsoring or capitalising on any of HR Community Academy Services or features (including the Groups) without the express prior written consent of HR Community Academy;
- deep-linking to the web site for whatever purpose, (including a link to a HR Community Academy web page except for HR Community Academy home page) unless with the express prior written consent of HR Community Academy;
- removing any notice of copyright, trademark or other exclusive rights contained in or on HR Community Academy, including those held by HR Community Academy and the related licensors;
- removing, covering or otherwise concealing any form of advertising on HR Community Academy;
- collecting, using or transferring each piece of information, including but not limited to, personal information, obtained from HR Community Academy unless expressly authorised under this Licence agreement or to the extent permitted by the holder of such information;
- sharing information on Users without their express consent;
- using manual or automated software, devices, robot scripts, other means of access or processes, “scrapes” “crawls” or “spiders” for each web page or other Services present on the site;
- using bots or other automated methods to add or upload contacts, send or redirect messages or other permitted activities with the exception of the tools approved by HR Community Academy;
- accessing HR Community Academy, with manual or automated means or processes, for the purpose of controlling its access, performances or features or for any competitive purposes;
- performing “framing” or “mirroring” activities or otherwise simulating the appearance or function of the HR Community Academy site;
- attempting to access or actually accessing HR Community Academy with whatever means, except through the interfaces provided by HR Community Academy or by browsing www.HR Community Academy with a web browser. This prohibition includes access or attempted access to HR Community Academy by using third-party services, including software platforms whose service consists of providing the option to combine simultaneous access to multiple services, including HR Community Academy.
6. HR Community Academy Services
HR Community Academy grants to Users a personal, non-geographically restricted, non-transferable, not subject to sub-licensing, non-exclusive and revocable licence to use the Services through the consultation of a web browser available on fixed or mobile devices or, in the future, through a special application dedicated to mobile devices. HR Community Academy Services are being constantly developed, improved and updated and their form and nature may be subject to change from time to time, including without advance notice. More specifically, by accepting this Agreement, Users will be entitled to use the beta version of HR Community Academy Services which, as such, may present features subject to improvement. HR Community Academy does not have and will not have any obligation other than the one regulated within the scope of the provisions laid down in this Agreement. HR Community Academy may be, and will be, subject to ordinary and extraordinary maintenance and update activities which may result in the total or partial interruption of all or part of the direct and indirect Services linked to HR Community Academy which will take any appropriate action at its complete discretion. Furthermore, Users acknowledge and accept that HR Community Academy may save and store the available Content in a special repository, thereby associating the name of the User-author of the same Content to each Content. However, HR Community Academy does not have the obligation to guarantee the continued presence of the information published or entered by Users, nor does it have the obligation to store it in any way so as to make it possible to retrieve such information from previous mass storage operations. The potential loss of information and/or data present on HR Community Academy does not entitle Users to any claims of compensation. HR Community Academy may adapt or amend the Content in order to bring it in line with any requirements or restrictions of any network, device, Service or media. Furthermore and in any event, HR Community Academy reserves the right to set limits to the use and storage of the data at its sole discretion, at any time and without advance notice. HR Community Academy reserves the right (but will not be under an obligation) to remove or refuse at any time the distribution of the Content, to suspend or terminate user profiles without any liability whatsoever vis-à-vis the Users. HR Community Academy also reserves the right to access, read, store and disclose any information deemed necessary in order to: (i) comply with applicable laws, regulations, legal proceedings or administrative requests, (ii) enforce the adherence to this Agreement, (iii) identify, prevent or otherwise deal with fraud or issues related to security or of a technical nature, (iv) respond to support requests from users, (v) protect the rights, property or security of HR Community Academy, its users and third parties.
7. Software programs and applications linked to HR Community Academy
HR Community Academy may and will develop and provide software programs and applications such as plug-ins, mobile apps, etc., directly linked or that can be linked to HR Community Academy or to a part of the information and/or data contained therein.
8. User’s responsibilities
Users are required to compensate HR Community Academy and to hold HR Community Academy harmless against all and any damages to property or people arising from the defaulting or in any event unlawful conduct of the same User, thereby undertaking any liability, including property liability, and bearing the costs of whatsoever nature that HR Community Academy. may incur, including by way of a mere advance payment, as a result of charges associated with third-party claims, investigations carried out by the legal authorities, directly attributable to the User’s failure to adhere to the terms and conditions contained in this Agreement or following the breach of the provisions laid down by the current regulations perpetrated through the use of HR Community Academy Services (content, slander, misuse and explicit use of confidential information, etc). HR Community Academy grants the option to conduct different transactions among its Users. A transaction is understood to mean any form of contact among HR Community Academy Users taking place online or offline through the networking methods provided by HR Community Academy. Each contact provides opportunities associated with the exchange of information and/or data that will be visible to other Users, including those who are not directly involved in the transaction process which may take place, including but not limited to, within a HR Community Academy group. If the nature of the User’s information presents privacy or confidentiality obligations or is subject to third-party rights and is nonetheless voluntarily and/or carelessly disclosed by a User through HR Community Academy, the said User may not hold HR Community Academy liable under any circumstances for the possible misuse of such information (e.g. copy and paste of the information and/or data by a User not directly involved in the transaction). The information requiring privacy and/or confidentiality obligations must be avoided by the User who, in the event of misuse or misappropriation perpetrated by other Users, may not claim any objective or factual liability against HR Community Academy or the products associated therewith. HR Community Academy does not have any express or implicit confidentiality obligation, and the User’s contributions and/or data must not contain private or confidential information. Should such an eventuality occur and give rise to consequences, it is reiterated that it is the User’s sole responsibility whether or not to exercise the option to make that information available from the platform and the services included or dependent on the same.
9. HR Community Academy’s responsibilities
Users are aware of the fact that HR Community Academy does not check or examine the accuracy of the Content published by users on the site. All Content, whether published or sent privately, will be under the sole responsibility of the person from whom the same Content originated. Therefore, HR Community Academy does not provide any guarantee as to the accuracy, truthfulness, lawfulness and reliability of the aforesaid Content nor with regards to the source thereof. Moreover, HR Community Academy does not guarantee that the use made by the generality of the users of the Services provided does not infringe third-party rights or breach the regulations applicable in the User’s country of origin. HR Community Academy is under no obligation to verify the truthfulness of the information provided by users during the registration process or their eligibility to enter into this Agreement. For this reason, HR Community Academy declines any liability for identity theft or for any illicit use of the identity or information related to the User. Furthermore, HR Community Academy does not guarantee that the Service provided will always remain free of charge. HR Community Academy does not guarantee that its Services will operate without errors or interruptions, without prejudice to the fact that the operation of the Service may be periodically interrupted on a temporary basis in order to enable its maintenance and updating. Therefore, HR Community Academy declines any liability for damage caused by any error or interruption in the operation or malfunctioning of the Services, as well as in relation to any damage to the IT system, such as the loss of the User’s data, the loss of Content or other damage arising from the use of the Services by the user. The web site www.HR Community Academy may provide links to third-party web sites or resources. Users acknowledge and accept that HR Community Academy will not be liable with reference to the availability, accuracy and reliability of such web sites and the content and services present therein. Therefore, all liability associated with the navigation on the said web sites will be borne solely by Users. This is without prejudice, in relation to HR Community Academy’s obligations, solely to those cases where the liability of HR Community Academy vis-à-vis the User arises from wilful misconduct or gross negligence by the same.
10. User’s withdrawal
Users may withdraw from this Agreement at any time, including without reason, by entering a value in the special field included in the User profile section. Such notice of withdrawal will be made effective solely once it has been processed by HR Community Academy; the said methods of withdrawal may be subsequently modified, for example if any additional Services become available in the future or if it becomes necessary to transform all or part of HR Community Academy Services into paid Services, for example by subjecting the same to the compliance of an advance notice period, without prejudice to the User’s right to withdraw from the Agreement pursuant to the afore-mentioned rules if he/she does not agree with the new changes made.
11. Rejection of the terms and conditions of the Agreement
If, for whatever reason, a User should decide not to comply with the contractual obligations defined herein because he/she determines that he/she has a right to do so or is required to do so for reasons of an imperative nature, the said User is in any event required to notify HR Community Academy by writing to backoffice@HR Community Academy prior to acting in a manner that is contrary to or inconsistent with the contractual provisions. HR Community Academy will be willing to evaluate the reasons provided to justify any conduct that differs from and/or is inconsistent with the obligations accepted by the User under the Agreement without prejudice to HR Community Academy’s possibility to unilaterally, temporarily and preliminarily suspend the User’s account in order to investigate and clarify the reasons for the disagreement or the possibility to unilaterally withdraw from the Agreement if the said disagreement should continue without a positive resolution for the User and HR Community Academy
13. Final provisions
If the clauses of this Agreement are found to be illicit, null or inapplicable by the court of a competent jurisdiction or arbitrator, the unenforceable clause will be amended so as to make it valid and effective to the fullest extent in order to achieve the intended purpose of the clause. If a court or arbitrator finds the amended provision to be invalid, illicit, null or inapplicable, the validity, legality and effectiveness of the remaining clauses of this Agreement will not be howsoever affected.
13.3 Full agreement
The User accepts that this Agreement constitutes the entire, complete and exclusive agreement between the User and HR Community Academy with regards to the Services and supersedes all prior agreements and understandings, whether written or oral, or established by customs, practice or previous case-law decisions in relation to the object of this Agreement. The User may also be bound to the supplementary general terms and conditions that may be applied when he/she uses or purchases other HR Community Academy Services, third-party content or third-party software.
13.4 Contractual amendments
HR Community Academy’s failure to act with regard to a breach of this Agreement by the User or others does not give rise to a waiver of HR Community Academy’s right to act with regard to that breach or a similar subsequent one or other breaches.
13.6 Transfer of the Agreement
Users may not transfer or delegate any of the rights or obligations arising from the Agreement. Any apparent transfer or delegation will be null and void. HR Community Academy may freely transfer or delegate all the rights and obligations by virtue of the Agreement, wholly or partly. HR Community Academy may also replace, with a unilateral novation, having validity solely following notification to the User, HR Community Academy with a third party who will undertake the rights and undertakings entered into through this Agreement.
13.7 Communications and notices. Claims
Any communication, notice or notification relating to this Agreement will have to be made by the User in writing and e-mailed to the address backoffice@HR Community Academy. In the same manner, the User may also report to HR Community Academy any malfunctioning of the Services or the commission of abuse by third parties. HR Community Academy, including pursuant to art. 13.4, may send messages and notifications to the User in relation to the Services through the publication of notices and banners on the www.HR Community Academy web site or via e-mail to the address associated with the User’s account.
13.8 Governing Law and Dispute Resolution
This Agreement, its fulfilment and interpretation and any dispute arising from HR Community Academy Services are governed under and subject to the laws of Italy regardless of the User’s nationality and the Country from which the User accesses HR Community Academy. In the event of a dispute, a pro bono and equo resolution will be attempted on a preliminary basis and, failing this, and in any event when it is impossible to reach a mutual settlement of the case within 60 days of its commencement, the solely competent Court will be that of Rome, Italy.