TERMS AND CONDITIONS FOR TRAINING COURSES

The above clauses apply to the use of PROCOSMET Srl's K&P Academy courses in On-Line/On-Live and/or live mode.

We ask you to read them and fill out the form below to accept them:

A. COPYRIGHT PROTECTION - CONFIDENTIALITY AND INTELLECTUAL PROPERTY

The Customer acknowledges in the head of PROCOSMET Srl (K&PAcademy) the exclusive ownership of all parts of the Site, such as but not limited to logos, images, texts, course contents: it follows, in application of Law 22.04.1941 No. 633 (Copyright Law), the absolute prohibition of commercial use by third parties, total or partial reproduction, reworking and transmission in any form and by any means, without the prior written authorization of Procosmet Srl.

The Customer may not use K&P Academy's documents, training materials, works, methods and tools for purposes other than the study and acquisition of skills required for training. Procosmet Srl in the capacity of K&PAcademy, holds the intellectual rights of the trainings it dispenses; The totality of the pedagogical supports, whatever their form (digital, or analog, oral or video, live or online etc...) used are the exclusive property of Procosmet Srl. The Customer is expressly forbidden to reproduce, use, directly or indirectly, in whole or in part, adapt or modify, translate, represent or market or disseminate the pedagogical and teaching resources made available to him by Procosmet Srl without explicit authorization from Procosmet Srl itself.

It is prohibited to copy, record, distribute, publish or otherwise use or exploit the educational materials without the prior written consent of Procosmet Srl. The Customer, responsible for the preservation and secrecy of the credentials assigned to him, and holder (as a result of enrollment in the Course) of a personal and non-transferable right of access to the restricted area, thus undertakes not to let third parties use and/or view, in any way, the services, refraining from performing any act that infringes the exclusive rights and property of Procosmet Srl; In case of violation of the prescribed obligations, the contract will be considered terminated by right and Procosmet Srl will be free to take legal action to protect any right disregarded, including compensation for damages suffered. In addition, if a security problem or unauthorized use is deemed to exist or highly likely, Procosmet Srl may suspend the use of the credentials assigned to the Customer.

B. SERVICE PROVISION. - The Client declares that he/she is aware of and accepts the hardware and software prerequisites necessary to access the purchased Online Courses. The fruition platform has been chosen so as to offer all possible users maximum compatibility with the most common systems available. The platform chosen for the fruition of the online courses is Zoom; we recommend downloading the free software in advance at the following Link: https://zoom.us/download 

Hardware and software requirements are minimal and are generally met on a standard system for home use. To take full advantage of the multimedia content present and the online services, it is necessary to: have an Internet connection.

For optimal use, an ADSL or Fiber connection is recommended; have one of the major browsers available regularly updated installed on your device; have Adobe Acrobat Reader software installed on your device to view some materials in pdf format. This software is available free of charge at: http://www.adobe.it/products/acrobat/readstep2.html  

Procosmet Srl shall have the right to discontinue the provision of the Training Service purchased by the Customer, giving immediate notice via the Web or by other means, if: there are reasonable grounds to believe that security and/or privacy issues may arise; there is a need-opportunity to improve the procedures for access to the Online Training Courses, increasing their efficiency. The aforementioned reporting requirements may not be considered to exist in cases, alternately considered, of force majeure, necessity or urgency.

C. RESPONSIBILITIES AND OBLIGATIONS - The Customer expressly releases Procosmet Srl from any liability for direct and indirect damages: that the Customer itself or third parties may suffer in connection with or in dependence of the provision of the Training Service, or as a result of the interruption of operation; that the Customer itself or third parties may in any way accuse as a result of the failure of the telecommunications network operator to provide connectivity, or even for the Customer's recourse to the use of connectivity (not high-speed) technically incompatible with the Service, as well as for the failure to use the Training Course as a result of defects found by the Customer in the use of the same, if all of the above is due to the Customer's failure to meet the minimum system requirements referred to in Art. B, the verification of which is the responsibility of the Customer; caused by third parties illicitly accessing the Online Training Course, due to the Customer's lack of caution in the safekeeping of the login and password assigned to him, or due to the absence of other security measures that the Customer is required to take;

In no event shall Procosmet Srl be held liable: of the malfunctioning of the Service resulting from failures, overloads, interruptions of telephone lines, electricity or referring to the Internet network; for failures of third parties that affect the use of the Service, including, by way of example, slowdowns in speed or failure of the telephone lines and processors that manage the telematic traffic between the Customer and the educational platform from which the Service is provided; It is the sole responsibility of the Customer to ensure interoperability between the connectivity, with which it is equipped, and the platform from which the Service is delivered.

Procosmet Srl, moreover, cannot be held responsible for failures to meet its obligations arising from causes not reasonably foreseeable, from impediments beyond the sphere of its direct and immediate control, or from force majeure. Upon the occurrence of any of the aforementioned force majeure events, Procosmet Srl will inform the Customer via the Site or via Newsletter along with the prospects of regular reactivation of the Service. Finally, the Customer agrees to release Procosmet Srl from any liability in case of complaints, lawsuits, governmental or administrative actions, losses or damages arising from the illegal use of the Service by the Customer or third parties. Finally, the Customer may not assign to third parties any obligation or right originated by this Contract, in the absence of prior written authorization, issued at the sole discretion of Procosmet Srl and communicated by the same by registered mail with return receipt or pec.

D. PRIVACY POLICY ON IMAGE RIGHTS 

The Client AUTHORIZES.

The video/photo shooting of one's own images during the course days whether On-Line/On-Live or live, on behalf of Procosmet Srl.

Pursuant to Art. 13 of GDPR 679/2016, your personal data, such as video/photo footage of your own images, will be processed by Procosmet Srl for internal use or promotion of the aforementioned courses on its website and/or social and generic advertising and will not be disclosed to third parties. In relation to the data provided you will be able to exercise your rights under the GDPR 679/2016: Right of Access (art.15), Right to Cancellation/Right to Oblivion (art.17), Right to Restriction of Processing (art.18), Right to Data Portability (art.20).

You, as a data subject, may at any time exercise your rights by sending: A registered letter with return receipt to Procosmet Srl, Via della Solidarietà, 29, 40056 Crespellano BO; An e-mail to the address. info@procosmet.com For the exercise only of the right of opposition referred to in Section 9.

The Data Controller is Procosmet Srl, Via della Solidarietà, 29, 40056 Crespellano BO Phone: 051 969939

For acknowledgement and acceptance

...................................................... 

The subject taken (legible signature)

  Law No. 633 of April 22, 1941 (Official Gazette, 07/16/1941 No. 16) regulates "the protection of copyright and other rights related to its exercise." The three main articles that every photographer, video operator or journalist, professional or amateur, must know: 

 Art 96 - The portrait of a person may not be exhibited, reproduced or put on the market, without the consent of that person, subject to the provisions of the following article. After the death of the person portrayed, the provisions of the second, third and fourth paragraphs of Article 93 shall apply. 

 Art. 97 - The consent of the person portrayed is not required when the reproduction of the image is justified by the notoriety or public office covered, by necessity of justice or police, by scientific, educational and cultural purposes, or when the reproduction is related to facts, events, ceremonies of public interest or held in public. However, the portrait may not be exhibited or put on the market, when the exhibition or putting on the market would be detrimental to the honor, reputation or even decorum of the person portrayed. 

 Art. 98 - Unless otherwise agreed, a photographic portrait executed on commission may by the person photographed or his successors or assigns be published, reproduced or caused to be reproduced without the consent of the photographer, unless the person who uses the reproduction commercially pays fair compensation to the photographer. The name of the photographer, where it appears on the original photograph, shall be indicated. (omissis...). 

ADDITIONAL TERMS AND CONDITIONS FOR TRAINING COURSES 

Before the course you will receive an email with all the information and links to connect to the virtual room to take the On-Line/On-live course.

Thank you and see you soon

K&P Academy Team 

Procosmet Ltd.