Terms and conditions
(V13 – 20 February 2023)
Section I – Provisions applicable to all Users
Section I.A – Introductory Provisions
Article 1 - Subject matter and scope
1.1 WeSchool S.r.l. with registered office in Via Guido Reni no. 42, 20133, Milan, tax code and VAT no. 07236760968 and Milan Companies’ Register no. M-1946066 (“WeSchool”) has designed and is the exclusive owner of an online platform called “WeSchool” (“Platform”), aimed at promoting access to culture and education and allows various forms of interaction for users to share their knowledge and skills within an interactive community, where everyone can be both creator and user of educational, training and professional services (“Services”).
1.2 The Platform is accessible both through this website and through the relevant app.
1.3 The Platform’s users (“Users”) are:
1.3.1 the parties that create and make their Services available on the Platform (“Educators”);
1.3.2 the parties that research and use the Educators’ Services on the Platform (“Learners”);
1.3.3 in the case of Learners under 18 (eighteen) years of age, the Learners’ parents or legal guardians (“Parents”).
1.4 Each User may: i) access the Platform either for personal reasons or through a connection with an organization, such as a school, university, company, public authority, not-for-profit organization, freelancer or any other legal entity (“Organization”), which signs a contract with WeSchool (“Organization Agreement”); and ii) take on the role of Educator and Learner at the same time, being both creator of one Service and user of another Service.
1.5 The Platform is accessible from any device with an internet connection, be it a computer, tablet or smartphone. To access the Platform and use the Services, each User is required to have, at their own expense and under their own responsibility, a device connected to the Internet.
1.6 These General Terms and Conditions govern the relationship between WeSchool and Users for the use of the technical services provided by WeSchool via the Platform, aimed at enabling Users to use the License, under the terms and conditions set out below (“General Terms and Conditions”).
1.8 In addition to these General Terms and Conditions, Learners who access and use the Platform for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out (“Learners-Consumers”) enjoy the protection provided by any consumer protection legislation in force in their country of residence (“Consumer Legislation”).
1.9 The General Terms and Conditions do not apply to the remote sale and purchase agreement for the Services (“Service Agreement”), which has been established and is in place directly between the Educator and the Learner, and the terms and conditions of which are defined exclusively by the Educator, without any involvement by WeSchool. In particular, it is up to the Educator to decide whether the Services are offered to Learners free of charge or for payment of a price, as further set out in Article 8.2 below.
1.11 If indicated on the Platform, WeSchool may take on the role of Educator, providing its own Services and, in this case, the Services provision relationship between the Educator-WeSchool and the Learner is governed by section II of these General Terms and Conditions.
Article 2 – WeSchool’s role
2.1 WeSchool promotes Users’ access to culture and education and does not interfere in any way with the educational and didactic relationship that is solely and directly established between the Educators and the Learners. In particular, the Platform only performs technical and automatic operations for the provision of the License.
2.2 WeSchool does not exercise any authority or control over Users who use the Platform and who create, publish and provide Contents (as defined in Article 5.1 below), under their sole liability and, therefore, WeSchool does not guarantee the truthfulness, accuracy nor completeness of the information relating to the Contents published on the Platform (and, in particular, to the Services) nor the quality of the Contents (and, in particular, of the Services). Consequently, each User acknowledges that WeSchool: i) respecting the Users’ freedom of expression, does not carry out any prior verification of the Contents (and, in particular, of the Services), which is objectively impossible given the amount of Contents published on the Platform; and ii) respecting all Users’ fundamental rights, has organised a channel on the Platform for Users to report Illegal Contents via the Notice and Take Down Procedure.
2.3 WeSchool is legally independent: (i) to the Service Agreement between the Educator and the Learner and, therefore, assumes no responsibility with respect to the signing, payment and billing of the Services and the performance of the Service Agreement, nor does it act in any way as an agent or procurer of the Educator; and ii) to the Payment Provider Agreement between the User and the Payment Provider and, therefore, assumes no liability with respect to the performance by the Payment Provider of its obligations towards the User, as WeSchool does not collect nor process payments that occur directly between the Learner and the Educator, through the Payment Provider.
2.4 The Educator is solely liable for the information published on the Platform, the sale and subsequent provision of its Services through the Platform, and for managing the relationship with the Learners purchasing the Services, including any disputes that may arise with the Learners.
Article 3 – Registration and Account
3.3 Registration must be carried out by Users who are at least 18 (eighteen) years old and have the legal capacity. With regard to Learners, when starting Registration, WeSchool requires the entry of the date of birth and, in the case of Learners under 18 (eighteen) years of age, the Platform automatically generates a different Registration procedure in which the direct participation of the Parent is required. In this case, the Parent is required, in the name and on behalf of the Learner, to enter the data and information requested by the Platform, finalise the Registration and adhere to the Agreement, as indicated in Articles 3.1 and 3.2 above.
3.5 Once Registration is complete, the User receives the Agreement by e-mail and is invited to download and store it on a durable medium, without prejudice to the provisions of Article 15.
3.6 WeSchool reserves the right to refuse, in its sole discretion, the Registration of any User who does not comply with the General Terms and Conditions.
Section I.B – Provisions on the use of the Platform
Article 4 – Platform License
4.1 Following completion of the Registration, WeSchool grants Users a personal, non-exclusive and non-transferable, including in part, license to the Platform (“License”) to use the following technical and neutral services:
4.1.1 enable the creation and management by each User of their own Account;
4.1.2 access the Platform’s standard features described in the periodically updated WeSchool Support, it being understood that, if the User is connected to an Organisation, access to the Organisation’s Groups is only permitted against payment by the Organisation of the fee indicated in the Organisation Agreement, where applicable;
4.1.3 access to the Platform’s pro features described in the periodically updated WeSchool Support, it being understood that such access is permitted only to Users linked to an Organisation, against payment by the Organisation of the fee indicated in the Organisation Agreement;
4.1.4 enable the Educators to make the Services available on the Platform, subject to payment by the Educators of the Fee under Article 28.1 below;
4.1.5 subject to payment by the Learners (or their Parents) of the price, if any, set by the Educators under Article 8.2 below, allow Learners to access and use the Services only on the Platform, no downloads being permitted;
4.1.6 facilitate commercial transactions related to the Services between Educators and Learners;
4.1.7 any additional services that, in its sole discretion, WeSchool decides to implement on the Platform and include in the License during the term of the Agreement.
4.2 If for any cause or reason the Organization Agreement ceases to have effect or is temporarily suspended between WeSchool and the Organization to which the User is linked, the User acknowledges that, as a result, access to the Groups associated with the Organisation will be disabled (permanently or temporarily as the case may be), without any right to reimbursement or indemnity from WeSchool, it being understood that the User may continue to access and use the Licence and the Services that are provided through the Groups not linked to the Organisation. In fact, with respect to Groups not linked to the Organization, this Agreement continues to be valid and effective.
4.3 Each User accesses the Platform and uses the License, in full autonomy and under his/her own exclusive liability and is personally liable for any fact or act carried out by him/her on the Platform.
4.4 The License is provided in the most recent version available at the time the Agreement is concluded.
Article 5 – Platform Contents
5.1 To stimulate Users participation and engagement, the Platform collects User-generated content, such as text, images, audio, video, interactive features or a combination thereof (“Content”). The Educators’ Services contain, in fact, both Educator-generated Content and Content that may be generated by Learners during the use of the Service itself.
5.2 The Content, if it is not in the public domain, may include authored and/or creative material subject to the protection provided by copyright and similar rights, industrial property and any other proprietary right (“IP Rights”), in compliance with the requirements from time to time provided for by the applicable legislation in force (“Authored Material”). The User who has uploaded the Content on the Platform, or another party indicated by the User on the Platform under his/her sole liability, is considered to hold the moral right to be acknowledged as the author of the Authored Material.
5.3 If the Content contains Authored Material, its publication on the Platform does not affect in any way the ownership of the IP Rights of the User or of the other party indicated by the User as the author of the Authored Material. For the sole purpose of participation in the Platform, the User grants the following licenses and permissions related to the commercial exploitation rights of the Content:
5.3.1 the User authorises WeSchool, without limitation of time or location and free of charge, to edit for technical reasons, publish and disseminate on the Platform, Content with his/her own Authored Material;
5.3.2 if the Content contains third-party Authored Material, the terms and conditions for modifying for technical reasons, using, publishing and disseminating on the Platform such material are established by the third-party provider and the User, under his/her sole liability, declares that he/she has obtained the relevant authorisation.
5.4 Content that also contains images of Users – such as, by way of example but not limited to, video lectures, in-person recordings, project work, educational competitions or contests – may be uploaded to the Platform with the prior consent of the User (in particular, in the case of a Learner under the age of 18, the Parent) to the publication of such images on the Platform and access by all Users of the Group, in accordance with applicable legislation (e.g. copyright law and/or the GDPR).
Article 6 – User Undertakings
6.1 Each User undertakes to:
6.1.1 use the Platform in accordance with applicable law (including, by way of example but not limited to, intellectual property law, Consumer Law and the GDPR), the notes, circulars and FAQs issued by the competent authorities and relating to remote learning services (such as the Ministry for Education or the Data Protection Authority), the Agreement and the instructions provided by WeSchool and available on the Platform;
6.1.2 communicate true and correct data and information during Registration and ensure that it is updated at all times;
6.1.3 choose and use only secure Credentials in accordance with WeSchool’s instructions, not to disclose his/her Credentials to third parties who are not authorised to access the Platform and not to leave his/her device unattended with the connection open on the Platform;
6.1.4 immediately inform WeSchool of any abuse, loss or theft of Credentials and any unauthorised use of the Account or any further breach of the security of his/her device (e.g. loss of his/her device without adequate measures to prevent use of the Account);
6.1.5 not to disclose the Content nor make it public or otherwise accessible by unauthorised third parties;
6.1.6 not to create, select, publish or disseminate via the Platform Content that is illegal or fraudulent (such as, for example, content of a violent, pornographic, obscene or discriminatory nature), or harmful to the rights of third parties (including image or intellectual property rights) and the interests of third parties (including other Users), or in any case unrelated to the Platform’s educational and training purposes (“Illegal Content”);
6.1.7 in the event of publication of Illegal Content on the Platform, immediately arrange for its deletion;
6.1.8 in the event that any Illegal Content created and posted by other Users is displayed on the Platform, immediately notify WeSchool of the presence of such Illegal Content, following the reporting procedure available on the Platform (“Notice and Take Down Procedure”);
6.1.9 not to download the Services and/or Content onto his/her own devices to commercially and non-commercially exploit the Services and/or Content outside of the Platform, by means of, by way of example but not limited to, any form of sale, license, rental or publication on other websites of the Services and/or Content;
6.1.10 not to use the Platform in a way that is illegal, fraudulent, offensive or detrimental to the reputation and honour of WeSchool and other Users or third parties;
6.1.11 not to engage in any type of conduct, action or behaviour that could in any way adversely affect the Platform’s operation and access to it by Users.
6.2 If a User fails to comply with even just one of the undertakings referred to in Article 6.1 above, WeSchool reserves the right to immediately suspend, for the period of time necessary to carry out or have carried out by the competent authorities any verifications or investigations, access to the Account and its use by the defaulting User, after notifying the User by email, stating the reason for the suspension. The suspension of the Account may last for a maximum of 30 (thirty) days, without prejudice to any extension necessary for the competent authorities to carry out such verifications and investigations. The User acknowledges and, insofar as necessary, accepts that WeSchool is obliged to share with the authorities responsible for carrying out verifications and investigations any data or information relating to access to the Platform, its use and the uploading of Illegal Content relating to the User (such as, by way of example but not limited to, user agents and IP addresses).
6.3 For the maximum duration provided for by the applicable regulations, in the event of a breach by the User of even just one of the undertakings referred to in Article 6.1 above, the User (and, in the case of a Learner under the age of 18, the Parent) undertakes to indemnify and hold WeSchool harmless from any detrimental consequences (such as, for example, damages and claims for compensation or indemnity) that may arise, either directly or indirectly, from claims by third parties (including, but not limited to, Users or any authorities) by reason of, or in any case related to, such breach.
Article 7 – Third-party sites
7.1 On the Platform there are links, banners or other forms of connection to sites, both of an informative/discursive nature and relating to digital services, of third parties (“Third-Party Sites”), through which Users may, by way of example but not limited to (i) access, publish and disseminate the Contents, through the use of uploading, publishing and storage services (e.g. hosting services) of Third-Party Sites (e.g., through the services of Dropbox, Google, Youtube and Vimeo); (ii) view and access messages, including of a promotional nature; or (iii) view and access any other data or information available on the Third-Party Sites.
7.2 The User accesses, browses and uses Third-Party Sites independently and under his/her own exclusive liability and it is up to each User to check the terms and conditions of access and use of Third-Party Sites. With reference to Youtube, please refer to the following link.
7.3 The presence of links, banners or other connections to Third-Party Sites on the Platform implies neither any form of guarantee by WeSchool as to the content and services of the Third-Party Sites nor any form of association, support or involvement, in any capacity and for any reason, by WeSchool with the Third-Party Sites. For example, in no way does WeSchool promote or endorse the products or services of the Third-Party Sites or verify the truthfulness or accuracy of the content and actions of the Third-Party Sites.
7.4 Except in the event of wilful misconduct or gross negligence, WeSchool cannot be held liable for any detrimental consequences, such as, by way of example, claims for damages or financial losses, resulting from each User’s access, browsing or use of the Third-Party Sites.
Section I.C – Provisions concerning the Sale and Purchase of the Services
Article 8 – Description of the Services
8.1 The Educators’ Services can only be used through the Platform, as no downloads are allowed, and are of one of the types as described on the Platform (“Types”) and can be provided either in “synchronised mode”, if the Service is offered live by the Educator, or in “non-synchronised mode”, if the Service can be used by the Learner at any time.
8.2 The Educators have the option of offering their Services under alternative sales plans (“Sales Plans”): i) free of charge; ii) for payment of a fixed price (“Single Payment”); iii) for payment of a subscription, which provides for the use of several Services in the timeframe indicated from time to time on the Platform (“Subscription”).
Article 9 – Pre-contractual information for Learners
9.1 Without prejudice to the provisions of Articles 1.9 and 2.3, the Service Agreement is proposed by the Educator to the Learner and is intended to regulate the sale and purchase of the Service between Educator and Learner and, if the Service also contains Authored Material, the authorisation for exclusively personal and non-commercial use of the Service via the Platform for the period of time established by Educator.
9.2 The Learner, before concluding the Service Agreement, must read the features of the Services, as described in the information sheets posted on the Platform.
9.3 Prior to the purchase order, without prejudice to the provisions of Article 2.3, the Learner must be informed of: i) the Service Type; ii) the methods for using the Service; iii) the materials which make up the Service; iv) in the case of a Single Payment or Subscription, the price; v) in the case of a Subscription, the duration of the Subscription; vi) in the case of a Single Payment or Subscription, the methods of payment through the Payment Provider; vi) any rights granted to the Learner-Consumer under the applicable Consumer Legislation; vii) the after-sales service conditions offered.
Article 10 – Conclusion and effectiveness of the Service Agreement
10.1 Without prejudice to the provisions of Articles 1.9 and 2.3, WeSchool informs the User that:
10.1.1 to execute the Service Agreement, the Learner must complete the order in electronic format and submit it to the Educator, electronically, following the instructions on the Platform;
10.1.2 in case of Single Payment or Subscription, to make the payment, the Learner, by clicking on the appropriate button on the Platform, is redirected to the checkout page of the Payment Provider, where the payment is made;
10.1.3 once the order has been registered and confirmation of the validity of the means of payment used has been received, the Learner will receive, at the e-mail address indicated, confirmation of the order containing: i) a summary of the general and specific terms and conditions applicable to the Service Agreement; ii) information relating to the essential characteristics of the Service purchased; iii) details of the price and means of payment used; iv) any additional costs; and v) information on any rights granted to the Learner-Consumer under applicable Consumer Legislation;
10.1.4 the Service Agreement is concluded when the Learner receives the order confirmation;
10.1.5 to access their order, the User can consult the appropriate section of the personal area, where they will find a list of all Services purchased or sold;
10.1.6 the payment of the price of the Services, in the case of a Single Payment or Subscription, is made directly between the Learner or the Parent of the minor Learner and the Educator, through the Payment Provider;
10.1.7 each Educator prepares and sends to the Learner the tax-accounting documentation against payment of the price of the Service, in accordance with the applicable tax legislation.
Article 11 – Sales prices, payment methods
11.1 All Services’ sales prices are set by the Educators and, in the case of Learners-Consumers, where required by Consumer Legislation, are inclusive of VAT. The Platform shows the total price of the Single Payment or Subscription per billing period and for the entire duration of the Subscription.
11.2 The Educators may change the sales prices at any time; however, Services will be charged on the basis of the price indicated at the time of order creation and confirmed to Learners, under Article 10.1.3.
11.3 In the event of an increase in the price of a Subscription, the Educator will inform the subscribed Learner by email. The increase in the price of a Subscription will be applied from the next payment due from the Learner following the notification, provided that the Learner has been given at least 14 days’ notice prior to the charge. If the Learner is given less than 14 days’ notice prior to the charge, the price increase will be applied from the billing period following the current billing period.
11.4 If the Learner does not wish to pay the increased price of a Subscription, he/she may cancel the Subscription by notifying customer service under Article 16.2 and will not be charged any further fees, provided that notice of the cancellation is given before the end of the ongoing billing period.
11.5 The cost of the Subscription is charged automatically at the beginning of each billing period (weekly, monthly, yearly or otherwise) and no later than 24 hours before the start of each billing period.
11.6 In the case of a minor Learner, payment must be made by the Parent. To proceed with the purchase of the Services, the Learner or the Parent of the minor Learner must select a payment method from those proposed on the Platform.
11.7 Data for payment by electronic means are processed directly by the Payment Provider under the Payment Provider Agreement.
Section I.D – Final Provisions
Article 12 – Intellectual Property Rights relating to the Platform
12.1 Each User acknowledges that the IP Rights of the Platform are the exclusive property and/or at the full disposal of WeSchool.
12.2 The User therefore undertakes, throughout the duration of the Agreement, and thereafter, directly or indirectly:
12.3 to use the Platform’s IP Rights solely for the performance of the provisions of the General Terms and Conditions and in accordance with the obligations undertaken therein;
12.4 to use the utmost diligence to prevent third parties, including other Users, from carrying out actions and/or acts that may impair or limit the validity or ability to use the Platform’s IP Rights;
12.5 not to copy, modify, reverse engineer the Platform and related IP Rights;
12.6 not to infringe and/or weaken WeSchool’s IP Rights in any way.
12.7 Each User undertakes to notify WeSchool immediately and in writing of any act of, or circumstance relating to, a third party (including other Users) detrimental or even potentially detrimental to the Platform’s IP Rights or their use of which they become aware during the performance of these General Terms and Conditions.
Article 13 – Agreement term, withdrawal, express termination clause and effects of termination
13.1 The Agreement is valid from the date of signing until the cancellation of the Account by the User or by WeSchool.
13.2 Each party has the right to withdraw from this Agreement by written notice containing an express statement of the intention to withdraw from the Agreement, subject to the following terms and conditions with a notice period of 30 (thirty) days.
13.3 Without prejudice to any further rights provided for by law, WeSchool has the right to terminate the Agreement, by written notice addressed to the User, containing statement that it wishes to enforce this express termination clause, with immediate effect in the event of repeated breach, or, with reasonable notice in the event of a single breach, by the User of any of the following articles: 6.1 (User Undertakings), 12 (IP Rights) and 31 (Educators’ Additional Undertakings).
13.4 Immediately following the termination of the Agreement, for whatever reason, the User may no longer access the Platform and use the License and Services and must refrain from using WeSchool IP Rights. Services already purchased prior to the termination of the Agreement with respect to the Educator or Learner will be refunded by the Educator to the Learner in an amount equal to the price paid by the Learner in the Service Agreement, within a period of 14 (fourteen) days.
13.5 WeSchool will refrain from using any Content created by the User during the use of the Platform License and/or the Services, except where such Content (i) is of no use outside the context of the Platform or Service; (ii) relates only to the User’s activity in using the Platform or Service; (iii) has been aggregated by WeSchool with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort; or (iv) has been generated jointly by the User and other persons, and other Users may continue to use the Content.
13.7 WeSchool reserves the right to delete any Account that has not been used for a continuous period of at least 1 (one) year, subject to notification by email to the Account holder.
Article 14 – Privacy
14.2 In the event that Users exercise their right to erasure of Personal Data under and within the limits of the provisions of Article 17 of the GDPR (“Erasure Request”), if WeSchool is obliged to comply with the Erasure Request, according to the techniques available at the time, the Content containing Personal Data may be erased by WeSchool or kept published on the Platform in an irreversible anonymous form, without prejudice to the User’s right to request, at any time and in accordance with legal requirements, the authorship of the Content.
Article 15 – Amendments
15.1 In the event of an amendment to this Agreement, the User acknowledges and agrees that:
15.1.1 if the amendment only relates to the Platform’s technical operation (e.g. the methods of data entry, access, publication or visualization of the Services), this change becomes effective immediately between the parties, without the User being able to raise any objection, and WeSchool is granted the power to update or improve the functions of the Platform and the operational interfaces with the parties accessing the Services at any time;
15.1.2 if the amendment is required, under penalty of nullity or invalidity of one or more provisions of the Agreement, by reforms of applicable laws and regulations, or is intended to protect Users from fraud, malware, spam, data breaches or computer security risks, the amendment becomes effective immediately between the parties, without the User being able to raise any objection;
15.1.3 in all other cases, the amendment proposed by WeSchool only becomes effective following the expiry of a period of 15 (fifteen) days (or longer if necessary to allow Users to make technical or commercial adjustments to comply with the amendments) from the communication by WeSchool by email, without prejudice to the User’s withdrawal right, to be exercised within the same period, by email, without the User becoming liable for any charge and/or penalty.
15.2 It is the User’s responsibility to check from time to time the current version of these General Terms and Conditions that will be published and at all times accessible on the Platform.
Article 16 – Communications
16.1 Any communication required or allowed by the provisions of these General Terms and Conditions addressed to WeSchool must be made in writing, by certified email (PEC) or registered letter with return receipt and will be considered effective and validly carried out on receipt of the same, provided that it is addressed as follows: WeSchool S.r.l., Via Guido Reni no. 42, Milan (MI), 20133, e-mail address: firstname.lastname@example.org, PEC: email@example.com.
16.2 WeSchool’s support service is available 7 days a week, 24 hours a day, at the following channel: firstname.lastname@example.org. The following SLA are guaranteed:
- from Monday to Friday from 8:00 to 20:00: within 3 hours of receiving the request;
- from Monday to Friday from 20:00 to 8:00 the following day and on Saturday and Sunday: within 9 hours of receiving the request.
Article 17 – Miscellaneous
17.1 (Survival) If one or more provisions, or parts thereof, of the Agreement are by law or court order declared invalid, illegal or otherwise unenforceable, in whole or in part, the remaining provisions, or parts thereof, remain binding on and enforceable by and between the parties. In any event, the parties undertake to agree in good faith on the introduction of an alternative provision that is as similar and consistent as possible with the provision found to be invalid, illegal or unenforceable.
17.2 (Tolerance) The delay or non-exercise or partial exercise of any right under the Agreement, or the forbearance of a breach by the other party, in no way prejudices the party having such right, or suffering such breach, unless it has expressly waived it in writing.
17.3 (Assignment) WeSchool may validly assign or transfer to third parties, in whole or in part, for any reason whatsoever, the Agreement or any rights or obligations arising therefrom.
Article 18 - Applicable Law and Exclusive Jurisdiction
18.1 For anything not governed by these General Terms and Conditions, Italian law applies, without prejudice to Article 26.1 below for Learners-Consumers.
18.2 The Court of Milan has exclusive jurisdiction, any other jurisdiction being excluded, for any dispute relating to the Agreement, including its performance, interpretation and/or termination for any reason whatsoever, without prejudice to the provisions of Articles 26.2 and 26.3 below for Learners-Consumers and Article 33 below for Educators.
Section II – Provisions applicable only to Learners-Consumers in the relationship between Learners-Consumers and WeSchool
Article 19 - Scope of application
19.1 This Section II applies to the relationship between WeSchool and the Learner-Consumer with respect to both the License and the Service Agreement for the Services provided by Educator-WeSchool. In particular, Articles 20 and 26 below apply to all Learners-Consumers and Articles 21 to 25 below apply only in respect of Learners-Consumers who: (i) pay a price for the use of the WeSchool-Educator Service; (ii) provide Personal Data to WeSchool, except where the Personal Data is processed exclusively by WeSchool for the purposes of Registration, provision of the Platform License, use of the Services, or the fulfilment of legal obligations to which WeSchool is subject and WeSchool does not process such Personal Data for purposes other than those intended.
19.2 In the event of any conflict between the provisions of section I of the General Terms and Conditions above and those of this Section II, the latter prevail over the content of the former in the relationship between WeSchool and the Learners-Consumers.
19.3 This section II is written according to Italian Consumer Legislation, it being provided that, according to Article 26.1 below, the Learner-Consumer is invited to consult the most up-to-date version of the Consumer Legislation of its usual residence, in order to verify if most advantageous provisions are set forth by its Consumer Legislation.
Article 20 - Free Withdrawal
20.1 Each Learner-Consumer may exercise the following withdrawal rights (“Withdrawal Right”), within 14 (fourteen) days of the conclusion of the relevant contract with WeSchool (“Withdrawal Period”), by means of written notice in the form of Article 16.1:
20.1.1 in the Withdrawal Period starting from the conclusion of the Agreement, the Learner-Consumer may freely withdraw from the Agreement;
20.1.2 during the Withdrawal Period starting from the conclusion of each Service Agreement, the Learner-Consumer may withdraw from the relevant Service Agreement, except where: i) the Service is customized for the Learner-Consumer (e.g. course, tutoring or tailor-made repetitions); or ii) the Learner-Consumer asks to use the Service immediately following the conclusion of the Service Agreement, without waiting for the Withdrawal Period, having been previously informed of the loss of the Withdraw Right.
20.2 In the case of a Withdrawal Right under Article 20.1.1, the Learner-Consumer acknowledges and accepts that, given that the License is provided without WeSchool requesting any fee from the Learner-Consumer (as there is potentially only a fee payable by the Organization to which the User is connected), following the exercise of the Withdrawal Right, he/she will not be entitled to obtain any refund from WeSchool.
20.3 In the case of a Withdrawal Right under Article 20.1.2, the Learner-Consumer acknowledges and accepts that:
20.3.1 if the Service is provided free of charge, following the exercise of the Withdrawal Right, he/she shall not be entitled to obtain any refund from the Educator-WeSchool;
20.3.2 if he/she has requested the supply of the Service purchased for payment during the Withdrawal Period in accordance with Article 20.1.2 above, has made full use of the Service during the Withdrawal Period and has subsequently exercised the Withdrawal Right, he/she shall not be entitled to obtain any refund from Educator-WeSchool, having made full use of the Service purchased during the Withdrawal Period;
20.3.3 if he/she has requested the supply of the Service purchased for payment during the Withdrawal Period, has partially used the Service during the Withdrawal Period and has subsequently exercised the Withdrawal Right during the same period, he/she shall be entitled to obtain from the Educator-WeSchool a refund of only part of the price paid for the Service, the amount of which shall be calculated in proportion to the Service used by the Learner before exercising the Withdrawal Right;
20.3.4 if he/she has not requested the supply of the Service purchased for payment during the Withdrawal Period or used the Service in any way during that period, he/she shall be entitled to obtain a refund from Educator-WeSchool of the full price of the Service purchased.
Article 21 - Access to the Platform and/or Services and Remedies
21.1 If, following Registration, the Learner-Consumer does not access the Platform or, following the conclusion of the Service Agreement, the Learner-Consumer does not access the Service within the deadline indicated on the Platform or agreed with the Educator-WeSchool, the Learner-Consumer must immediately inform WeSchool, specifying whether a specific deadline for accessing the Platform or the Service respectively is important for the Learner-Consumer (for example, to use a Service already purchased and available exclusively in synchronous mode). WeSchool undertakes to provide access to the Platform or the Service within a reasonable timeframe or within such further timeframe as may be agreed between WeSchool and the Learner-Consumer. In the absence of access to the Platform or to the Service within the aforementioned timeframe, the Learner-Consumer has the right to terminate the Agreement or the Service Agreement, depending on whether the inability to access relates to the Platform or a Service, and to obtain any reimbursement in accordance with Article 20.3 above.
Article 22 - Compliance and Updating of the Platform and Services and Remedies
22.1 WeSchool undertakes to: i) provide the Platform License and the Services in a form that complies with the objective and subjective requirements set out in the applicable Consumer Legislation; and ii) update the License and the Services, to maintain compliance under point i) above, after notifying the Learners-Consumers of such updates and the relevant installation instructions, highlighting the possible consequences if the Learners-Consumers fail to install the updates within a reasonable timeframe.
22.2 The compliance referred to in Article 22.1 above is guaranteed for the following timeframes: i) with respect to the Platform License, for the term of the Agreement referred to in Article 13; and ii) with respect to the Services, for the period of provision of the Service indicated from time to time on the Platform.
22.3 In the event of non-compliance, the Learner-Consumer must inform WeSchool in writing, in the forms set out in Article 16.2, providing all appropriate information to describe the non-compliance found. Any claim asserting non-compliance not maliciously concealed by WeSchool expires within 26 (twenty-six) months from the last use of the License or the Service by the relevant Learner-Consumer.
22.4 The Learner-Consumer undertakes to cooperate with WeSchool as far as reasonably possible and necessary to ascertain whether the cause of the non-compliance of the Platform and/or the Services lies in the Learner-Consumer’s digital environment, and within the limits of the means technically available that are least intrusive for the Learner-Consumer. If the Learner-Consumer breaches this obligation, and in accordance with Article 1.5, the Learner-Consumer acknowledges that he/she bears exclusively the burden of proof of proving non-compliance.
22.5 In the event of non-compliance, the Learner-Consumer has first of all the right to request that compliance is restored without cost or inconvenience and within a reasonable timeframe. In the event that: i) restoring compliance is impossible or excessively onerous, ii) WeSchool does not restore compliance and/or has declared that it does not intend to do so, iii) despite WeSchool’s attempts to restore compliance, the non-compliance persists or reappears, or iv) the non-compliance is so serious as to justify the immediate termination of the Agreement; the Learner-Consumer may exercise the following rights:
22.5.1 in the event of non-compliance of the License or the Services, if provided free of charge (including where the License fee is paid by the Organization to which the User is linked), the Learner-Consumer is entitled to terminate the Agreement;
22.5.2 in the event of non-compliance of the Services, if provided for a price, the Learner-Consumer is entitled to a reduction in the price of the Service proportionate to the lower value of the non-complying Service or to termination of the Service Agreement (except in the case of minor non-compliance).
Article 23 - Changes to the content of the License or Services and withdrawal
23.1 WeSchool may change the content of the License or the Service, at no cost to the Learners-Consumers, for important operational reasons (such as, for example, adapting the License or the Service to a new technical environment or to a larger number of Users), on written notice by e-mail to the Learners-Consumers. If such a change adversely and non-negligibly affects the use of the License or access to the Service by the Learner-Consumer, the latter is entitled to withdraw from the Agreement or the Service Agreement (depending on whether the change concerns the License or the Service) free of charge within 30 (thirty) days from the notice or within the longer period in which the change becomes effective on the Platform and to obtain any refund in accordance with Article 20.3 above, unless WeSchool has not granted access to the previous version of the License or the Service.
Article 24 - Refunds to the Learner-Consumer
24.1 Any refund owed to the Learner-Consumer by the Educator-WeSchool for Services provided for payment following the exercise of the withdrawal right from the Service Agreement, the reduction of the price of the Service or the termination of the Service Agreement under Articles 20.3.3, 20.3.4, 21, 22.5.2 and 23 above shall be made within 14 (fourteen) days from the day on which the Educator-WeSchool is informed of the Learner-Consumer’s decision to exercise the relevant right. The latter acknowledges and accepts that refund shall take place through the same payment method chosen when purchasing the Service, within the strictly necessary technical timeframe that depends on the Payment Provider.
24.2 No refund is, on the other hand, due in the event of withdrawal or termination of the Agreement under Articles 20.2, 22.5.1 and 23 or withdrawal or termination of the Service Agreement under Articles 20.3.1, 20.3.2, 22.5.1 or 23, if the Learner-Consumer has not paid WeSchool for the provision of the License or Service to him/her (without prejudice to any fee paid for the License by the Organisation to which the User is linked).
Article 25 - Further consequences of termination of the Agreement
25.1 In all cases of termination of the Agreement or the Service Agreement under this Section II, WeSchool points out that Articles 13.5 and 13.6 of these General Terms and Conditions apply in favour of the Learner-Consumers, it being understood that in all cases other than points i) to iii) of Article 13.5, within a period of 30 (thirty) days, the Learner-Consumer has the right to ask WeSchool, in the forms set out in Article 16, to recover its digital Content free of charge in a commonly used and machine-readable format.
Article 26 - Law and jurisdiction
26.1 Notwithstanding the provisions of Article 18.1, this is without prejudice to any mandatory rules provided for in the Learner-Consumer’s Country of usual residence that differ from the provisions of Italian Consumer Legislation.
26.2 For any dispute relating to the Agreement or to the Service Agreement, including its performance, interpretation and/or termination for any reason, the Learner-Consumer’s Court is the competent Court, subject to the Learner-Consumer’s right to choose to bring the case before the Court of Milan, if provided for by the Consumer Legislation applicable to the Learner-Consumer.
26.3 In addition, WeSchool reminds the European Learner-Consumer that, under Article 14 of EU Regulation No. 524/2013, and without any constraints in the cases provided for by the national legislation applicable from time to time, the European Learner-Consumer can find all the information needed to access the online dispute resolution mechanisms (so-called ODR) at the following link.
Section III – Provisions Applicable to Educators Only
Article 27 - Creation of a Service
27.1 The Educator wishing to publish his/her own Service on WeSchool must follow the instructions on the Platform in the “New Group” section and complete, under their sole liability, the required information, such as: i) the name of the Service; ii) the Type of Service; iii) the main image of the Service; iv) an image to be set as a badge; and v) a description of the Service, which will be visible and accessible to all Users.
27.2 In the “Store” section, the Educator can set out the Sales Plan for the Service. To choose a Sales Plan other than the “free” one, the Educator must first enable his/her Account to receive payments on the Platform, subject to acceptance of the Payment Provider Agreement.
27.3 By choosing the Single Payment Sales Plan or the “Subscription”, the Educator is obliged to choose the currency and the price (including taxes if required by the regulations applicable to him/her or by the Consumer Legislation) at which he/she offers his/her Service for sale on the Platform.
Article 28 - Fee
28.1 For all Services for which the Educator has selected the Single Payment Sales Plan or the Subscription, WeSchool is entitled to a fee of 20% (twenty percent) of the sale price of the Services themselves (“Fee”), in exchange for the License for the services referred to in Articles 4.1.4 and 4.1.6 above, for the technical assistance provided by WeSchool in the forms indicated in Article 16.2 and for the opportunity to promote its Services on the Platform. Following payment for a Service by a Learner, the Fee is paid by the Educator to WeSchool via the Payment Provider, which the Educator undertakes to authorise in advance to this effect. WeSchool undertakes to send to the Educator the tax-accounting documentation relating to the payment on a bimonthly basis concerning the Fees paid in such reference period.
Article 29 - Positioning
29.1 The positioning of Services on the Platform is determined by the following parameters: i) subject matter of the Service; and/or ii) date the Service was uploaded (giving priority to newer Services); and/or iii) User or market demand.
29.2 If WeSchool, as Educator, publishes its own Services on the Platform, WeSchool does not differentiate between the Educators’ Services and Educator-WeSchool Services.
Article 30 - Access to data
30.1 During this Agreement, the Educator accesses the following main categories of data relating to Users accessing Educator’s Services: i) information in the Account that is publicly accessible; ii) number of Users participating in the Group and/or accessing the Service; iii) Content posted by Users in the Group; iv) conduct of Users within the Group; and/or iv) Group records.
Article 31 - Educator’s additional undertakings
31.1 The Educator undertakes to:
31.1.1 indicate him/herself as the seller of the Service published on the Platform both in the description of the Service and within the Service itself;
31.1.2 offer Learners Service Agreements that comply with applicable legislation, including the Consumer Legislation in force in the Country of usual residence of the Learners (with particular reference to the withdrawal right and the guarantees applicable thereto);
31.1.3 comply with the refund policies set out in Article 13.4 of these General Terms and Conditions, providing for any refund due to the Learner within a maximum period of 14 (fourteen) days from the notice received by WeSchool;
31.1.4 prepare and send the tax-accounting documents necessary for the payment of the price of the Service to each individual Learner, in accordance with the tax regulations applicable to the same, within a period of 10 (ten) days from the conclusion of each individual Service Agreement, it being understood that the Educator is responsible for the payment of the taxes applicable to the same;
Article 32 - Limitation of liability
32.1 WeSchool guarantees the proper operation of the Platform, except where the operation failure is due to causes beyond WeSchool’s reasonable control. In any case, the Educator declares that he/she is aware and accepts that, in general, software products (such as the Platform) are, by nature, not completely error-free. Consequently, the Educator expressly accepts that the existence of any errors in the Platform, per se, unless they result from WeSchool’s wilful misconduct or gross negligence, does not constitute a breach of the obligations undertaken by WeSchool by reason of and/or in connection with the Agreement.
32.2 WeSchool offers no guarantee as to the results obtained by the Educator through the use of the Platform and the publication of the Services and, in particular, with regard to the number of Service Agreements stipulated with the Learners.