Terms & Conditions of UseDecember 13, 2021 2022-01-30 4:02
Terms & Conditions of Use
Terms & Conditions of Use
WYBLO provides a set of Services, including an online space available to Users, as defined below, through which it is possible to write and publish comments, opinions and/or evaluations about training courses, educational courses and academic institutions. By using the Service, the User accepts the TUs of WYBLO. The service provided by the WYBLO and the use of the Platform, as defined below, are subject to the application of these TUs and any other regulations or policies published by the WYBLO on the Platform. In the event of disagreement with any terms or conditions or subsequent amendments thereto, or in the event of dissatisfaction with the Services offered by WYBLO, the only solution is to immediately stop using the Platform. WYBLO has the power, but not the obligation, to strictly enforce the TU through moderation and litigation in the appropriate courts.
The User who intends to access the Platform and use the Service, gives his or her explicit consent to the immediate activation of the Service at the time of creating the User Account and consequently agrees to lose the right of withdrawal from all the Parties involved in the provision of the Service as indicated in the previous paragraph. For further information, please refer to Paragraph 5.3 of this document.
Article 1 – Definitions and premises
User Account: the account created by the User in accordance with Art. 4 TU.
Content: (i) files containing text, images, audio and/or video recordings, data and/or information organized in a database and, in any case, all files, documents and/or information in any format that WYBLO 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 organized in a database and, in any case, all files, documents and/or information in any format that are transmitted, copied, sent, made available to visitors to the Platform.
Personal data: all personal information relating to each User, including name, surname, company name, bank details, VAT number, address, and telephone number, possibly collected through the Platform.
Organization User: Users registered on the Platform as a university or other Wyblocational institution or organisation providing Wyblocation and training courses, to which Teacher Users and Student Users belong.
Student User: Users registered on the Platform through the “Student” function.
Teacher User: Users registered on the Platform through the “Teacher” function.
Organization or Institution: national or international Wyblocational institution or other entity, private or public, offering Wyblocation or training.
Platform: the domain https://www.wyblo.com/ and all its contents, including subdomains, any URL or portions thereof, the application for mobile devices, developed by WYBLO and present on Apple and Android digital stores under the name “Edu Enhancement”. (below, App).
Price: the price requested by WYBLO to use the Service through the Platform.
Service: the services that WYBLO offers to Users through the Platform.
User: all natural or legal persons accessing or using the Platform.
Depending on the context, the meaning of a term used in the singular includes the plural, the meaning of a term used in the masculine includes the feminine, and vice versa.
2. Platform Description
The Services include an online platform through which: a) Student Users can provide and receive information about their courses and interact with other Users; b) Teaching Users can organise their courses, receive feedback, and acquire all the information relating to the degree of satisfaction of their courses from students. WYBLO has no control over the conduct of Users and excludes any liability in this respect to the fullest extent permitted by law. WYBLO reserves the right to approve Users’ enrolment. In the event of non-approval, the Account and any of its contents may be removed from the Platform without prior notice.
In particular, WYBLO acknowledges and confirms that any processing of personal data resulting from the execution of the TU will be carried out solely for the purposes related to such execution or for other purposes for which the User has given express and unequivocal consent, and in any case in compliance with the provisions of Legislative Decree no. 196/2003 and subsequent amendments, Legislative Decree no. 101/2018 and EU Reg. 679/2016.
In particular, the User declares to have been informed about:
- the purposes and methods of processing for which the data are intended;
- the mandatory or optional nature of the provision of data;
- the consequences of any refusal to reply;
- the subjects or categories of subjects to whom the data may be communicated and the scope of dissemination of such data;
- the rights referred to in Articles 15 (right of access), 16 (right of rectification), 17 (right to be forgotten), 18 (right to limitation of processing), 20 (right of data portability) of the Regulation;
- the name, business name or name and domicile, residence or head office of the data controller.
4. User Account
4.1 Account creation and Credentials
In order to register and use the Service, each User must first create a User Account, providing the personal data concerning him/her that are essential for the proper functioning of the communication service between people. Users, by creating a User Account, declare that they are over 16 years of age at the time of their registration and that they are in possession of all the rights and/or authorisations necessary to bind themselves and/or the persons, natural or legal, they represent under the conditions set out in these TU.
When filling in the forms provided in the section reserved for the User’s registration, the User will indicate a User-Id (whose uniqueness will be automatically verified by the system) and the password. If the User-Id is already present in the database, the User must indicate another one until the system verifies its uniqueness. 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 whom the activity or requests for services on the Platform should be referred.
The Credentials are personal, confidential, and non-transferable.
The User undertakes not to provide any incorrect or false information. In any case, WYBLO shall in no case be held responsible for the wrong or false, blameless, guilty, or wilful, information communicated by Users.
Each User undertakes to use only and exclusively the User Account initially created, regardless of whether it has been registered under his/her own identity or under that of a third party. Under no circumstances may the User use the User Account of a third party. Any exception to this rule must be explicitly requested by the User or the Guest to WYBLO. The User may therefore proceed only with an explicit and specific authorization from the WYBLO. In the absence of such explicit authorization, the creation or use of new User Accounts under his/her own identity or under that of third parties may result in the immediate and indefinite suspension of the User Account or its definitive cancellation.
At the end of the registration process, the User will receive a confirmation of successful registration to the e-mail address he or she indicated during registration.
Users are also allowed to use the App in demo mode to merely see the App features without actually using the Service (hereafter, Demo Mode). In order to access the Demo Mode, Users are simply required to provide their email without creating a User Account.
4.2 Production of unique codes. When an Organisation Account is created, an “Organisation Code” will be assigned which the Organisation User can share with the Teacher Users so that they can access their user area and create and manage courses relating to the Organisation. Similarly, when an Organisation User or a Teacher User creates a course or training, as the case may be, they will be given a “Class Code” which they can share with Student Users so that they can access their user area, participate and manage their participation in the courses.
4.3 Account Cancellation, Suspension and Ban
The User is obliged to comply with these TU, the Bylaws, any rules, and/or any other obligation deriving from current legislation, in addition to the simplest and most basic rules of civil conduct. In case of violation by the User of one or more of these provisions, WYBLO reserves the right, at its discretion, to cancel, suspend and/or ban, as defined below, the Account of the said User. It is understood that violations may also be learned through one or more reports submitted by other Users.
Account Cancellation: The Account of the individual User is completely removed from the Platform and all data concerning the User is deleted. Therefore, following cancellation, WYBLO will no longer be in possession of any data communicated by the User during the registration and creation of the Account.
Account Suspension: the User keeps his/her personal Account in addition to being able to access the Platform and the App. However, the User will be prevented from using the Services offered on the Platform.
Ban Account: the User Account will be completely blocked in all its functions without, however, being removed and/or deleted. In this way, the WYBLO will be able to prevent the User subject to the Ban from creating a new User Account by reusing his/her credentials and proceeding to use the Services again. It is understood that the WYBLO will use the personal data and information of the User subject to the Ban only and exclusively to the extent strictly necessary to make the Ban effective and to monitor (and prevent) any attempts by the subject to the Ban to re-open User Accounts.
It is understood that in the event of Cancellation, Suspension or Ban of the Account, the User is not entitled to any refund of the Price and/or compensation deriving from the impossibility of using the Platform’s Services.
5. Platform Functionality
Through the Platform
a) Organisation Users may use the Platform to monitor and manage their own training offer as well as receive feedback, questions, opinions, comments from Student Users or Teacher Users, organise surveys among them and consult all data and graphs relating to the overall performance of their training offer in terms of student appreciation, attendance and involvement;
b) Teacher Users may use the Platform to organise their courses, receive feedback, questions, opinions and comments from Student Users, organise surveys among students and consult all data and graphs relating to the overall performance of their course in terms of student appreciation, attendance and involvement;
c) Student Users have the possibility to share their experiences, opinions, comments, feedback on their courses with other Users of the Platform as well as to register their attendance at the courses themselves. In addition, Student Users are allowed to ask questions to Teacher Users in order to enjoy a clear and direct channel of communication. The collection of all the above information enables Student Users to obtain information about the courses they intend to attend and to compare the different offers made available by the Organisations.
In order to create your User Account and access the Platform, the User will need to request a demo using the “Request a Demo” function. In the case of an Organization User, following the Demo, details of the Price and other applicable terms will be provided by Wyblo based on the Organization’s specific requirements.
If the User decides to continue using the Platform, they will be obliged to provide details of the payment method for the payment of the Price in the manner set out in Article 6 below. If the User does not proceed with the payment of the Price, they will not be able to access the Platform and use the Service.
In compliance with Directive 2011/83/EU and Article 52 of Legislative Decree no. 206 of 2005 (hereinafter, the Consumer Code), the User has the right to withdraw within 14 days of requesting the Service. With regard to the aforementioned services, however, the User, when registering with the Platform, explicitly agrees to withdraw from this right since the Service consists of digital content offered through a non-material medium that takes place immediately from the moment the User registers with the Platform. This circumstance constitutes an exclusion of application of the right of withdrawal as provided for in Article 59, paragraph 1 letter o) of the Consumer Code.
6. Methods of payment
For payment to be made by credit or debit card, the User may use the service offered by third parties through the Platform: he/she must connect, following the instructions on the Platform, to the secure circuit of Stripe which guarantees the confidentiality of data and the security and efficiency of transactions. The User will enter the credit card data directly on the SSL server, created and guaranteed by Stripe and managed directly by the same. In order to be able to access the payment service, the User must therefore accept the general terms and conditions of contract prepared by Stripe, accessible on https://stripe.com/it/ssa , to access the service. WYBLO shall not be liable for any damages deriving to the User from the use of the service proposed by Stripe.
WYBLO reserves the right to make changes to the amount of the Price, even on a case by case basis, due to commercial initiatives or pricing policies even extemporaneous.
The sending of the accounting and/or tax documentation, where necessary, will be carried out directly by the person from time to time obliged to do so under the applicable regulations. WYBLO is in no way obliged to verify the existence of the requirements, conditions, and terms within which it is necessary to issue accounting and/or fiscal documentation, of any type and kind, by Users.
It is understood that, for the purpose of producing and forwarding fiscal and accounting documentation (including bills, receipts, invoices and any other equivalent document, however named), the subject required to do so in accordance with the law applicable from time to time, will use only and exclusively the data provided by the User at the time of registration and/or updating of the User Account or in any case those available in the User Account registry. The User undertakes to provide correct, valid and updated information and also undertakes not to provide any incorrect or false information. In any case, WYBLO shall in no case be held responsible for the wrong or false, blameless, guilty, or intentional, information provided by Users. The latter undertake to indemnify and hold harmless WYBLO from any damage and/or liability arising, directly or indirectly, from the use of data provided and revealed to be incorrect or false.
7. Fees, Licences and Certifications
WYBLO does not pay taxes on behalf of Users nor can it be held responsible in any way for the correct issue of the prescribed tax documents, including details of the amounts or rates of the different taxes applicable to the different nature of the goods or services sold. The Users are solely responsible for any Taxes relating to them and deriving from any contract entered into.
Depending on the circumstances, including the number of transactions carried out and the subject of the transaction, the law may require licenses or certifications. WYBLO is not responsible for determining the cases in which it is necessary to be in possession of a licence and/or certificate for the use of the Services or the Platform, or for carrying out a transaction through the Platform.
8. Responsibility of WYBLO
8.1 Exclusion of guarantees
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 it provides are offered 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, WYBLO disclaims all warranties for the safety, reliability, timeliness, accuracy and performance of the Platform.
To the maximum extent permitted by law, WYBLO disclaims any warranty for other services or goods received through or advertised on the Platform.
To the maximum extent permitted by law, WYBLO disclaims any liability for the transmission of computer viruses or other harmful components in connection with the Platform or the Service.
8.2 Limitation of Liability
Under no circumstances shall WYBLO be held liable for damages to third parties or to contracting parties resulting, directly or indirectly, from the use of the Platform or the Service, or resulting from any contract between Users, Institutions 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 also apply if WYBLO 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 as a result of 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 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.
9. Security and User Feedback
WYBLO cares about the reliability of its Users, as well as the success of the commercial transactions carried out through the Platform and makes every effort to ensure the best possible degree of transparency. However, WYBLO is not required to verify the exact identity of its Users, nor can it confirm the identity of each User.
Likewise, the WYBLO is not required to verify, either beforehand or afterwards, any comments or feedback (hereinafter, the Feedback) issued by the Users regarding a Teaching User, course, programme, or Institution. If an Institution, Teacher, or other Student User believes that the Feedback may be offensive to themselves or the community please notify the WYBLO immediately by writing to [●]. WYBLO will investigate the offensiveness of the Feedback reported, considering whether any action should be taken which may include, as appropriate and at WYBLO’s sole discretion, the Suspension, Cancellation or Ban of the User Account author of the Feedback reported.
10. Content published on or through the Platform
10.1 Content Coming from Users
All Content published on the Platform, transmitted through, or accessible via links from the Platform, is the exclusive responsibility of the User from whom such Content originates. The User is solely responsible for any Content posted, e-mails or material otherwise made available through the Platform. The User is aware that WYBLO does not control and is not responsible for Content made available through the Platform, and that by using the Platform, the User may be exposed to Content that is offensive, indecent, inaccurate, illegal, misleading.
10.2 Links to other websites
The Platform and Services may contain links to third party websites or resources. WYBLO is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services available on such websites or resources. Links to such websites or resources do not imply any endorsement by WYBLO of such websites or resources or the content, products, or services available on such websites or resources. The User assumes sole responsibility and assumes all risks arising from his/her use of such websites or resources or the content, products, or services on or available from such websites or resources.
WYBLO is also not responsible for the confidentiality policies or practices adopted on other websites. When a Platform User clicks on a link to another site, the User is responsible for reading the privacy policies of that site.
10.3 Authorisation of the User
Without prejudice to the foregoing, Users irrevocably authorize WYBLO, and/or other Users to whom WYBLO grants the right, to use the Contents and any part or element thereof, without any restriction whatsoever, throughout the world, in perpetuity and in any case for the duration of the legal protection as established in any country in the world.
By way of example, but not limited to, the aforementioned authorisation also includes the right to use the Content to:
- publish, disseminate, communicate to the public and make the Contents available to the public so that everyone can have access to them at the time and place chosen individually, in whole or in part, by any means and/or technology and in any way (including interactive), currently known and/or developed in the future, through the Platform;
- for the purposes of the foregoing, reproduce and modify the Contents in any way or form to comply with the technological constraints imposed by the Platform’s operating methods;
- authorise other Users of the Platform to reproduce the Content in order to display it on their terminals using the Services and the Platform.
The above rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Content in any form and manner.
10.4 User Declaration
The User declares to fully and legitimately dispose of all rights relating to the Contents (by way of example, but not limited to: copyright, image and/or personality rights in general, trademark and other property rights, privacy rights, portrait rights, etc.) that he or she publishes on the Platform.
The User expressly declares that where he or she is not the full owner of the rights to the Contents that he or she publishes, he or she has been expressly authorised to dispose of the Contents by the third party owners of such rights and is therefore fully entitled to grant authorisation to use the Contents to the extent provided for in these Conditions.
The User undertakes not to publish any Content if such Content and/or its use:
- is false, obscene, pornographic, defamatory, or includes racist, violent, offensive, harassing, or inciting to commit crimes or is otherwise illegal in Italy or in the place where the User uses the Services or the Platform or under other applicable laws;
- violates the rules on the processing of personal data or on the protection of trade secrets and confidential information;
- presupposes the possession by the User of authorizations, rights or requirements mandatory by law which the User does not have;
- violates patents, trademarks, copyrights or other rights of third parties;
- contains computer viruses or any program or software designed to interrupt, destroy, damage or even limit the functionality of any software, hardware or network equipment or the Services or the Platform itself;
- is in any way harmful to the WYBLO, the Users or any third party.
The User guarantees the good quality of the Content it publishes and its suitability for the use for which it is intended.
WYBLO reserves the right, at its sole discretion, to modify the Platform or the Services, or to modify these TUs, at any time and with not less than 15-day notice. In the event of changes to the TUs, they will be published on the Platform and the “Last Updated Date” at the foot of the TUs will be updated. By continuing to access or use the Platform or the Services from the moment the modification notice is given, the User accepts these conditions as modified. Should the User consider such changes unacceptable, the only possibility shall be to cease using the Platform.
12. Intellectual and industrial property rights
The User is obliged to refrain from publishing on the Platform confidential information or information protected as intellectual or industrial property rights, unless otherwise agreed in writing.
13. Complaints management
If a User of the Platform believes that the conduct of other Users is inappropriate, that his or her intellectual or industrial property rights have been infringed, as well as his or her privacy, or that there are technical malfunctions of the Platform, the User must immediately send a written communication to WYBLO, by e-mail within 48 hours of the discovery of the infringement: [●].
To be effective, the notification must include:
- The physical or electronic signature of the person authorised to act on behalf of the holder of an exclusive right that has allegedly been infringed;
- the User data that was provided at the time of creation of the User Account in order to be correctly identified;
- a detailed explanation of the malfunctioning or violation and the reasons why such violation is deemed inappropriate and/or infringes the rights of the User making the complaint;
- the personal data of the User linked to the User Account whose breach and/or unlawful conduct is deemed to have occurred;
- a statement in which the complaining party states that the information contained in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
With particular regard to complaints concerning matters of intellectual or industrial property infringement, the User shall also be required to communicate in the complaint:
- The identification of the Content protected by copyright or trademark law that is allegedly infringed;
- The identification of the material that is believed to be the subject of infringing activity and information reasonably sufficient to enable us to identify the material;
- A statement that the aggrieved party has a good faith belief that use of the material is not authorized by the copyright or trademark owner, its agent or the law;
- The User agrees that upon receipt of a notice of claim of infringement of intellectual property, WYBLO may immediately remove the materials identified on the Platform without liability to Users or third parties.
14. Release Clause
The User agrees to release, defend, indemnify and hold harmless WYBLO and its affiliates and subsidiaries, and their officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way related to:
access to or use of the Platform, Services or Content by them or violation of these TUs;
the Content processed, transmitted, copied, sent, made available by the Users themselves;
any of the following actions carried out by the User himself:
- interaction with any User;
- the request for a Service;
WYBLO reserves the right, at its sole discretion, to organize the defence with a advocate of its own choice, against all legal claims, lawsuits or other causes of action requiring financial compensation made by the User, without any objection by the User.
15. Relationship between the parties
WYBLOs, Teaching Users, Student Users, and Institutions are independent parties, each acting in their own name and on their own behalf and for their own purposes. The TUs do not create any bond of subordination, agency, representation, association, intermediation, partnership, employment relationship or franchising between the WYBLO and any User.
Nothing contained in the TU, or in the policies of the WYBLO, or in any other material, shall be deemed to constitute, create, give effect to or otherwise recognise a company, agency, joint venture or formal business entity of any kind, or to create a relationship of trust between the parties.
The rights and obligations of the parties shall be limited to those expressly stated herein.
The User acknowledges and accepts that from the moment immediately following his or her registration with the Platform, WYBLO shall begin providing its Service to the User. Therefore, in accordance with the provisions of Article 55, paragraph 2(a) of Legislative Decree no. 206 of 2005 (hereinafter, the Consumer Code), the User, by accepting the instant TU, expressly waives the right to withdraw within the first 14 days of registration with the Platform and the right to any refund due to him/her.
The WYBLO retains the right to cancel the creation of User Accounts that it believes may have been created in violation of the rules set out in these TUs or other regulations published on the Platform and, in the same way, to suspend, cancel or ban the Accounts through which such violations have taken place.
16. Applicable law and place of jurisdiction
These TUs shall be governed by and construed in accordance with the laws of the Italian Republic.
The Parties to these TUs shall submit any disputes arising out of the TUs to the conciliation attempt provided by the Conciliation Service of the Chamber of Arbitration of Milan. If the attempt fails, all disputes arising out of the TUs, including non-contractual disputes, relating to or connected with the TUs and/or the relationship between the User and Wyblo and between Users, as well as the interpretation of parts of the TUs, shall be resolved by arbitration in accordance with the Rules of the Milan Chamber of Arbitration, by a sole arbitrator appointed in accordance with said Rules. The Arbitral Tribunal shall judge fairly. The seat of the arbitration shall be Milan and the meetings may also be held by telematic means, if the identification of the Parties is allowed and they are fully entitled to listen and intervene. The language of the arbitration shall be English.
17. Additional conditions
WYBLO is not responsible for the relationships created between Users or Institutions.
The headings of the clauses of the TUs have a descriptive function and do not affect their interpretation;
The User accepts that the rights and obligations contained in these TUs, as well as any other documents that are incorporated into them by reference, may be freely and legitimately transferred by the WYBLO to third parties in case of merger or acquisition, or other event;
In any case, through the Platform, Users undertake to comply with all national and international laws and regulations currently in force for the use of the WYBLO Services in relation to the activities carried out on the Platform by Users. No waiver of these TUs is granted without the written authorisation obtained and a new contract signed between the WYBLO and the User;
All communications to the Users’ attention shall be sent to the e-mail address provided at the time of registration on the Platform. Messages and notifications shall be deemed received 24 hours after the e-mail has been sent, unless a notification has been received indicating that the e-mail address is invalid or not functioning.
Last update: 16/11/2021