TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEBSITE
The website www.up2stars.com (hereinafter, the “Website”) is owned and managed by Intesa Sanpaolo Innovation Center S.p.A. (hereinafter, “Intesa Sanpaolo Innovation Center”) also on behalf of Intesa Sanpaolo S.p.A. (hereinafter “Intesa Sanpaolo”), as part of the initiative “UP2STARS” (hereinafter referred to as “Initiative”). The Initiative is promoted by Intesa Sanpaolo and Intesa Sanpaolo Innovation Center (hereinafter referred to jointly as “Promoters”), for the purpose of researching, selecting and rewarding new companies in the initial start-up phase that are capable of developing innovative solutions (hereinafter referred to individually as “ Innovative Startup” and, jointly, as “Innovative Startups”); the above in accordance with the Initiative regulation made available on the Website.
On the Website, Innovative Startups may submit – according to the procedures indicated in the Initiative regulation – their application to participate in the Initiative.
- through the Website, the Promoters may advertise the invitation to Innovative Startups to apply for the Initiative (hereinafter, the “Call for Online Application Form”),
- Innovative Startups who have joined the call, by submitting their applications on the Website, if specifically selected, may participate in the possible acceleration program dedicated to the development of their entrepreneurial skills, which is defined in the Initiative regulation (hereinafter, the “Up2Stars Acceleration Program”).
This document describes the terms and conditions of access and use of the Website (hereinafter, the “T&Cs”).
Use of the Website implies acceptance of the T&Cs; therefore, Innovative Startups undertake to comply with them and, if they don’t agree with the T&Cs, it must refrain from using the Website.
ACCESS AND USE OF THE WEBSITE BY INNOVATIVE STARTUPS
Innovative Startups may access and use the Website to submit their application to the Initiative by filling in the registration form in the relevant section of the Website (“Candidati”); in addition, Innovative Startups who have passed the first selection phase, having been assessed by the Promoters as eligible to access the Up2Stars Acceleration Program, will receive at their e-mail address indicated in the registration form the credentials to use in accordance with the T&Cs.
The Innovative Startups that have registered on the Website are entitled to do the following:
- modify the information in the registration form at any time,
- supplement their documentation made available on the Website to support their application.
The above activities are carried out by Innovative Startups:
- by communication to be sent by e-mail to firstname.lastname@example.org
- through the appropriate form in the website section (“Contact us”), or
- through the Website using the relevant credentials, if Innovative Startups are already in possession thereof.
Therefore, Intesa Sanpaolo Innovation Center grants to the recipients Innovative Startups of the Call for Online Application Form a free, non-exclusive, revocable and limited licence to access and use the Website in accordance with the T&Cs. More specifically, this licence does not allow Innovative Startups to reproduce, duplicate, copy, sell or otherwise exploit for commercial purposes the Website, its contents and, in general, the information, including information relating to the Initiative, available on the Website.
Innovative Startups acknowledge that they carried out the activities that take place on the Website and assume the relevant liability; therefore:
- Innovative Startups warrant that they are entitled to hold, use and transmit – for the purposes described in the T&Cs – the information provided by them on the Website and, specifically, that such information does not violate third-party rights (including third-party industrial property rights concerning trademarks, logos and other distinctive signs used or reproduced on the Website);
- Innovative Startups warrant that all information provided, through the Website, to the Promoters and their partners in the Initiative, is true, accurate and complete;
- Innovative Startups undertake to indemnify and hold the Promoters and their partners in the Initiative harmless for any damages suffered as a result of actions brought by third parties for violations of third-party rights, including industrial property rights, in the use of the Website by the Innovative Startups;
- if in possession of the credentials, Innovative Startups undertake to immediately inform Promoters, through the contact details provided on the Website, if they have reason to believe that their credentials have been, or are likely to have been, used in an unauthorised manner.
Intesa Sanpaolo Innovation Center will also do its best to guarantee the availability of the Website in a continuous and uninterrupted manner, it being understood in any case that access to the Website may be suspended or limited by Intesa Sanpaolo Innovation Center to allow its repair or maintenance or the introduction of new services, as well as for any other justified reason. Intesa Sanpaolo Innovation Center may also terminate the availability of the Website by giving at least fifteen days’ notice or, in case of a justified reason, without notice.
THE CONTENTS OF UP2STARS ACCELERATION PROGRAM
Through the Website, Innovative Startups apply for free participation in the Initiative, in accordance with the Initiative regulation, advertised on the Website.
The participation of Innovative Startups do not involve:
- Promoters assuming an obligation as to the achievement, by the aforementioned Innovative Startups, of any results in terms of effective growth of their entrepreneurial skills;
- Promoters assuming an obligation that the latter, the other companies of the Intesa Sanpaolo group and third parties (including any investors and partners taking part in the Initiative) make investments and grant financing to Innovative Startups;
- Promoters carrying out any assessment (including that relating to feasibility, possibility of success and creditworthiness) of Innovative Startups and their projects.
LIMITATIONS ON THE USE OF THE WEBSITE
Innovative Startups may use the Website only to submit their applications to the Initiative and, if registered, to carry out the further activities provided for in the T&Cs; therefore, they must not use the Website for different activities and, in general, for any activity that causes or may cause damage or alterations to the Website or that results in any violation of the rights of the Promoters or third parties.
It is expressly forbidden for Innovative Startups to use any part or section of the Website and its contents for direct or indirect commercial or advertising activities of any kind, unless expressly authorised in writing by the Promoters.
Under no circumstances shall the Promoters be liable for any losses, claims or damages of any kind connected with a use of the Website that does not comply with the T&Cs.
LIMITATIONS OF LIABILITY
To the extent permitted by law, the Promoters are not liable to Innovative Startups for damages of any kind arising out of, or in any way connected with, the use of the Website and its contents, or the delay or inability to use the Website and its contents.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The data, contents and, in general, the information available on the Website are protected by the rules on industrial and intellectual property; more specifically: the trademarks, names, domains, company names, firm names and signs on the Website are the property of their respective owners and protected by the applicable legislation in force.
Therefore, the information identified above may not be copied and/or reproduced by Innovative Startups in any form, in whole or in part, without the prior authorisation of the respective owners.
Without prejudice to the above, the data, materials, information and content (including, where appropriate, business ideas and projects, the business plan, the Pitch/company presentation) uploaded by Innovative Startups on the Website are owned by the same, it being understood that the Promoters and their partners in the Initiative may use them for the implementation, management and organisation of the Initiative itself and, where appropriate, to promote their products or services, or to report the existence of third parties whose commercial offer is considered of possible interest for the Innovative Startups.
LINKS TO/FROM OTHER WEBSITES
The Website may contain links to third-party websites.
The Promoters do not assume any liability for the contents, availability, operation and fulfilment of any third-party website, which may be linked to the Website, or from which the Website may be accessed.
CONFIDENTIALITY OF INFORMATION
Unless otherwise stated in other parts of the T&Cs, the data, materials, information and contents communicated or made available by the Promoters, their partners, and by the Innovative Startups, in any form or medium, in the implementation of the Initiative and, in general, in the performance of the T&Cs, are confidential information (hereinafter, “Confidential Information”); therefore, the Confidential Information may be used exclusively for the performance of the activities provided for under the Initiative and, in general, under the T&Cs, taking all necessary measures to maintain the strictest confidentiality in relation to them.
More specifically, Promoters and the Innovative Startups, concerning the Confidential Information received from the other party, shall:
- not disseminate, use or exploit them outside or in addition to the purposes permitted herein;
- limit the access thereto to directors, employees and consultants, both their own and those of the companies of the group to which they belong, who must have knowledge thereof for the purposes of the activities they carry out, and only to the extent that access is strictly necessary for the performance of their duties in relation to the performance of the activities provided for in the Initiative and in the T&Cs; the abovementioned persons shall be made aware, individually and in advance, of the obligations of confidentiality provided for in the T&Cs and their compliance therewith shall be monitored; without prejudice to the above, the Promoters may in any case disclose the abovementioned Confidential Information also to the other companies of the Intesa Sanpaolo group that may use it for purposes related to their business activity;
- store them in such a way and by such means as to avoid any possible knowledge by unauthorised third parties, even accidental;
- upon the other party’s choice, return them to the latter or destroy or erase them promptly and irreversibly (including their copies, complete or partial, in their possession), refraining from any further use, when their use is no longer necessary for the permitted purposes.
The Promoters and the Innovative Startups warrant to be entitled to hold, use and transmit, for the purposes described herein, the Confidential Information that will be communicated, assuming all exclusive responsibility and indemnifying and holding harmless the other party in case of disputes and claims by third parties in this regard (including those related to the infringement of third-party rights).
The obligations herein shall not apply to Confidential Information that:
- are or become public knowledge in cases other than the breach of the T&Cs;
- have been legitimately acquired by third parties without breaching the T&Cs;
- are legitimately and independently developed by the Promoters or by the Innovative Startups without using or exploiting, even partially, the Confidential Information of the other party.
In the event that the Promoters and the Innovative Startups are required, by virtue of an order of an authority with the necessary powers, to disclose Confidential Information to third parties, to the extent permitted by law, they shall inform the other party of the order as soon as possible, so as to enable it to take any action to protect its rights.
The confidentiality obligations set forth above will remain effective until and to the extent that each Confidential Information becomes public knowledge for reasons other than breach of the T&Cs.
PROCESSING OF PERSONAL DATA
The processing of personal data will be carried out by Promoters in compliance with the provisions laid down in the legislation on the protection of personal data, specifically in relation to the adoption of security measures.
WEBSITE CUSTOMER SERVICE
The customer service, which can be contacted through the form provided in the section of the site (“Contact us”), provides general information to Innovative Startups on the Website browsing and assistance in case of problems in accessing the reserved area.
AMENDMENT OF THE T&Cs
The T&Cs may be amended or supplemented at any time, either permanently or temporarily, by posting the updated version thereof on the Website.
JURISDICTION AND APPLICABLE LAW
The T&Cs, the disputes and claims arising from the use of the Website or its contents are governed by Italian law. The Court of Turin has exclusive jurisdiction.
DEROGATION FROM LEGISLATIVE DECREE NO. 70/2003
Pursuant to Articles 12 and 13 of Legislative Decree No. 70/2003, the T&Cs prevail over the provisions relating to information on the execution of contracts and those relating to the forwarding of orders provided for in the aforementioned decree, if applicable. Therefore, by using the Website, Innovative Startups agree to waive the abovementioned provisions.