UCapital Social Network - General Terms and Conditions
These General Terms and Conditions ("T&Cs" or " Agreement") govern the rights and obligations relating to the use of the UCapital Social Network service (hereinafter the "Social Network ") provided by UCapital 24, with registered office in Milan, Via dei Piatti 11 – CAP 20123, registered with the Milan Companies Register, with VAT number 10144280962 (hereinafter referred to as "UCapital" or the "Company"), through the website [*] (hereinafter referred to as the "Website") or the application [•].
The customer (“You “or “User”) is invited to read these T&Cs carefully, as access to and use of the Social Network are subject to full acceptance of the provisions contained therein. The User is obliged not to use the Services if he/she does not understand and accept the T&Cs in full. Otherwise, you will have no obligation to use the Services.
- General provisions.
- The User fully accepts these T&Cs for the purposes of using the Social Network. Your use of the Social Network is also subject to the Privacy Policy and Cookie Policy, which govern the processing of your personal information, including how we collect, use, share and store data.
- Registration Methods for the Social Network.
- Access to and registration to the Social Network is reserved exclusively for individuals aged 16 and over. By registering, the User confirms that he/she meets the minimum age requirement. It is also forbidden to create accounts with false information or on behalf of third parties.
- Each User is the holder of a personal account, which allows access to the Services, as described in Section 3 of these T&Cs.
- The User may register and access the Services by completing the registration form or by using personal account credentials for services provided by third parties, such as Facebook, Google or Linkedin.
- The Services offered through the Social Network.
- Following registration on the Social Network, the User has free access to the following Services:
- Creation and management of the personal profile: the User has the possibility to create, update and administer his/her profile, with the possibility of managing personal data, privacy settings and visibility of the information shared, in accordance with the options made available by the Social Network.
- Publishing and sharing content: You may post and share various types of content, including text, images, videos, and documents, defining the visibility of your content based on your privacy preferences.
- Interaction with other users: You have the opportunity to interact with other members through direct messages, comments, participation in discussions, and through calls and video calls.
- Search functionality: You can use the advanced search functionality to locate other members of the Social Network based on specific criteria.
- Creating and participating in groups: You have the option to create, join, or participate in thematic groups, with the option to configure the group as public or private. You are also responsible for managing privacy and moderating content within groups.
- Organization and participation in events: the User can organize events, both physical and virtual, with the possibility of defining the visibility and methods of access to the event, configuring it as public or private.
- By registering on the Social Network, the User can access, with the same credentials, through the Single Sign-On (SSO) system the Company's related platforms, such as Ucapital Sharks. For the registration and use of UCapital Sharks, please refer to Section 4 of these T&Cs, relating to Paid Services.
- Following registration on the Social Network, the User has free access to the following Services:
- Payment Services.
- By registering on the Social Network, the User can use the same credentials of the Social Network to also access the paid services offered by the UCapital Sharks platform, whose Terms and Conditions can be viewed at the following link: [•].
- If the User purchase any of the Paid Services offered by the Company, you agree to pay the applicable fees and taxes, as well as to accept the additional terms specific to the Paid Services. Failure to pay applicable fees will result in termination of the Paid Services.
- If the User subscribes to one of the subscriptions provided by the UCapital Sharks platform, his/her payment method will be automatically charged at the beginning of each subscription period for applicable fees and taxes.
- Obligations of the User.
- By registering and using the Social Network, the User undertakes to comply with the following:
- Account Protection: the User is responsible for protecting your account and all activities that occur under your username. You are obligated to take appropriate measures to safeguard your account, including, but not limited to, adopting secure passwords and keeping them confidential.
- Do not share or transfer your personal account: Your account is strictly personal and non-transferable. The User undertakes not to assign, sell, transfer, share or allow access to his account to third parties without the prior express consent of UCapital. The User also agrees not to assign or transfer the data associated with his/her account, including contacts and network connections, unless otherwise stated. Violation of these provisions may result in immediate suspension or termination of the account.
- The User undertakes not to carry out acts that may compromise the integrity, security, proper functioning and reputation of the Social Network and the Company. In particular, it is forbidden:
- create profiles with false identities;
- use automated tools (software, scripts, bots, etc.) to extract or copy content from the Services without the Company's permission;
- circumvent security measures, access controls or usage restrictions imposed by the Social Network;
- copy, reproduce or distribute content without the consent of the rights holder;
- disseminate viruses, malware or other malicious code that may compromise the Social Network, the Company, the Services or data security;
- use the Services for any activity that is illegal, deceptive, fraudulent, or discriminatory against us, users, or others.
- By registering and using the Social Network, the User undertakes to comply with the following:
- Rights and Limits of the User.
- The User retains ownership of the original content provided to the Social Network, but grants the Company a non-exclusive, transferable and sub-licensable licence to use, copy, modify, distribute, perform, publicly display and store such content, without the need for further consent or compensation.
- The User may revoke your license by deleting content from the Services or by terminating your account, subject to the retention of copies in cases of sharing with third parties or for legal obligations.
- The Company reserves the right to restrict how the User connects and interacts within the Social Network. In particular, the Company reserves the right to restrict, suspend or close the User's account if the User violates this Agreement, applicable law or misuses the Services.
- Intellectual Property Rights.
- The Company owns and retains all intellectual property rights in the Services, including, without limitation, all technologies, software, content, trademarks, logos, trade dress, graphics, and other visual elements used in connection with the Services.
- The Company's trademarks, logos, and other distinctive features, including, but not limited to, the "U Capital" trademark and associated logos, are registered trademarks of the Company and are protected by applicable intellectual property laws.
- The User acknowledges that access to and use of the Services does not confer any ownership rights over the Services or their content, except for the rights expressly granted in this Agreement. Any unauthorized use of the Company's trademarks and content is prohibited and may result in legal action by the Company.
- Notifications and Alerts.
- You consent to receive notifications and messages related to the Social Network. Notifications can be sent by: (1) communications addressed to the User's profile (2) the contact details provided (e.g. email, mobile phone, physical address).
- Warranty of Services and Limitation of Company Liability.
- The Company makes no warranties about the Services, including content and information, which are provided on an "as is" and "as available" basis. The Company does not warrant that the Services will be uninterrupted, error-free, or secure, and disclaims any implied warranties, including warranties of accuracy, non-infringement, merchantability, or fitness for a particular purpose, to the fullest extent permitted by applicable law.
- The Company shall not be liable for loss of profits, business opportunity, reputation, data (including downtime, loss or modification of information), or indirect, incidental, consequential or punitive damages arising out of the use of the Services.
- Closing the Account at the User's request.
- You have the right to close your Social Network account and cease using the Services at any time. To exercise this right, the User must proceed by means of a specific request in the [•] section of the Social Network.
- The closure of the account will be effective within 30 days of receipt of the request by the User.
- Suspension and Cancellation of the Account by the Company.
- The Company reserves the right to suspend or cancel the User's account, at its discretion and without prior notice, in the following cases:
- violation of these Terms and Conditions;
- use of the Social Network that may cause damage to the Company, other Users or third parties;
- use of the Social Network that may violate applicable laws or regulations;
- use of the Account that is deemed, in the Company's sole discretion, to be inappropriate, offensive or contrary to these Terms.
- The suspension or cancellation of the account does not entitle the User to compensation, reimbursement or indemnity.
- The Company reserves the right to suspend or cancel the User's account, at its discretion and without prior notice, in the following cases:
- Communications.
- To exercise the rights referred to in the T&Cs, for all legal obligations, as well as for all matters relating to technical assistance on the use of the Services, the User may directly use certain features present within the Social Network or contact the Company at the following e-mail address: [*]
- Agreementual changes.
- The Company reserves the right to modify this Agreement, the Privacy Policy and the Cookie Policy at any time, including to comply with regulatory changes.
- If the Company makes material changes, it will notify you by means of a notice on your personal Services profile or by other means, to give you an opportunity to review the changes before they become effective.
- Changes will not be retroactive. Your continued use of the Services after the posting or sending of a change notice constitutes your acceptance of the changes, as of their effective date.We will notify you of the changes at least one month in advance. If the User does not accept the changes, he/she may withdraw from the Agreement by requesting the closure of the Account in accordance with Section 10 of these T&Cs.
- Processing of personal data.
- The use and sharing of your personal data is governed by the Privacy Policy, the Cookie Policy, and other documents referred to in this Privacy Policy, as well as any updates to them.
- Third party promotional advertisements.
- The User acknowledges and expressly accepts that, within the Social Network, advertising, promotional and sponsored content from third parties with which the Company has entered into sponsorship agreements may be displayed.
- In order to provide a greater customization of the Service, based on the choices and settings selected by the User, the Social Network publishes and makes visible to the User the advertisers that the Company considers relevant and appropriate to the User, in accordance with the provisions of the Privacy Policy.
- The Company, unless expressly authorized by the User, does not share the identity or other personally identifiable information of the User (such as, but not limited to, name, e-mail address, telephone number or other sensitive information) to advertisers.
- Applicable Law and Jurisdiction.
- The Agreement is governed by Italian law.
- In the event that the User does not qualify as a consumer, the exclusive jurisdiction for the resolution of any dispute arising from the Agreement and the use of the Social Network is attributed to the Court of Milan.
- If the User qualifies as a consumer, the Company informs the User that, if a complaint does not lead to the resolution of the dispute, the Company will provide information relating to alternative dispute resolution (ADR) bodies, as provided for in Articles 141- bis et seq. of the Consumer Code. You will be informed if we intend to use such bodies to resolve your dispute.
- The Company informs the User that there is a European platform for the online resolution of consumer disputes (ODR platform), accessible at the following address: http://ec.europa.eu/consumers/odr/.
- In the event that the Consumer User resides in a member state of the European Union other than Italy, for disputes relating to the application, execution or interpretation of these Terms and Conditions, the User may make use of the European Small Claims Procedure, as provided for by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute, excluding interest, rights and expenses, does not exceed 2,000.00