Art. 1 – Terms and Conditions

  1. These Terms and Conditions, together with the Code of Conduct, represent the entire agreement (collectively, the “Contract”) between MIP Politecnico di Milano Graduate School of Business S.C.p.A., VAT/C.F. 08591680155, headquartered at Via Lambruschini 4C, Building 26/A, 20156 Milan (“POLIMI GSoM”), represented by its legal representative or special attorney pro tempore, and the purchaser (the “Participant”).

Art. 2 – Purpose

  1. The Contract concerns the purchase by the Participant of one or more training courses provided by POLIMI GSoM through the e-commerce site https://www.gsom.polimi.it/en/ (the “Course”). Purchasing a Course implies full acceptance of these Terms and Conditions and the aforementioned Code of Conduct.

Art. 3 – Purchase Procedure and Tuition Fee

  1. The Participant may select the desired Course and complete the purchase via the guided procedure on the website. The Contract is considered concluded upon order confirmation by POLIMI GSoM and receipt of payment of the full Tuition Fee (as defined below), or the first installment if applicable.

  2. The amount payable by the Participant to POLIMI GSoM for the selected Course (the “Tuition Fee”) is defined in the Course’s dedicated section on the website. Payment may be made via credit card, bank transfer, PayPal, or other methods indicated on the site. Payment in installments is allowed only if expressly provided.

Art. 4 – Participant Responsibilities and Certificate of Participation

  1. The Course will be delivered as described on the website and may be online, in-person, or blended, depending on the Course selected.

  2. Further information and rules the Participant must follow are included in the Code of Conduct, which the Participant declares to have read, understood, and accepted.

  3. Failure to pay the Tuition Fee within the specified terms entitles POLIMI GSoM to exclude the Participant from the Course and suspend any further services, without prejudice to the Participant’s obligation to pay the full Fee.

  4. POLIMI GSoM reserves the right to postpone or cancel the Course, notifying the Participant via email at least 3 (three) working days before the start date or within a shorter period compatible with the purchase date. In case of cancellation, the Participant may (i) use the amount paid for another Course within one year or (ii) request a refund of the Fee paid, with no further compensation.

  5. POLIMI GSoM may modify the Course program or replace professors for organizational reasons, without giving rise to any entitlement to indemnities, charges, and/or compensation in favour of the Participant.

  6. In consideration of the fact that the costs incurred by POLIMI GSoM for the organization of the Course are for the most part fixed and non-recoverable — a circumstance of which the Participant acknowledges being aware — the Participant shall in any case have no right to a refund, even partial, of the Tuition Fee, including in the event of withdrawal from the Course, except as provided in Article 4.4 above.

  7. Should the Participant be removed from the Course for having violated the Code of Conduct, the Participant shall in any case be obliged to pay the full Tuition Fee as reimbursement for the organizational expenses of the Course and the fixed costs borne by POLIMI GSoM.

  8. Upon completion, the Participant will receive either an open badge or a certificate of participation, depending on the Course.

Art. 5 – Intellectual Property Rights and Use of Educational Materials

  1. The Parties acknowledge and mutually confirm that any information, videos, photos, data, or documents (the “Contents”) made available through the distance learning platform owned exclusively by POLIMI GSoM (the “Platform”) for participation in the Course are and shall remain the exclusive property of POLIMI GSoM, and that any information acquired by the Participants may be used solely and exclusively for the purpose of participating in the Course.

  2. The Participant expressly acknowledges that POLIMI GSoM holds the exclusive economic rights to exploit the videos, photos, data, or documents available on the Platform and/or used during the Course and, more generally, in the training activities covered by the Contract. The teaching materials prepared by POLIMI GSoM and delivered to the Participant may not be distributed to third parties, reproduced without authorization, or published, including electronically, and the full ownership thereof by POLIMI GSoM is expressly acknowledged.

  3. Access to the Platform by Participants may be governed by additional specific documents shared by POLIMI GSoM with the Participant, it being understood that, upon completion of the programme, the credentials held by the Participant will allow access to Contents for a period consistent with the legal requirements on data retention. Participants shall, however, retain the right to access the Alumni area. Any improper use of the Platform by Participants is expressly excluded.

  4. A breach by the Participant of this Article of the Terms and Conditions shall entitle POLIMI GSoM to obtain compensation for all damages suffered and to be suffered.

Art. 6 – Use of the “POLIMI Graduate School of Management” Trademark

  1. POLIMI GSoM holds exclusive rights to its trademark (“Trademark”).
  2. The Trademark may not be used by the Participant without prior written authorization and only for Course-related purposes.

Art. 7 – Duration and Withdrawal

  1. The Course and Contract duration are specified on the website.
  2. The Participant shall have the right to withdraw from the Contract within ten (10) working days from the date of enrolment, by notifying POLIMI GSoM at the following email address: executive@gsom.polimi.it, without prejudice to the Participant’s right to a refund of the fee already paid.

Art. 8 – Confidentiality

  1. Except as otherwise required by law and/or by POLIMI GSoM’s commercial needs, the Contract, as well as all information and documents of which the Participant (the “Receiving Party”) may become aware in connection with and/or on the occasion of the delivery of the Course, or otherwise shared with the Receiving Party, in any format and by any means, by POLIMI GSoM (the “Disclosing Party”), shall be deemed strictly confidential (the “Confidential Information”). The Receiving Party therefore undertakes not to disclose and/or otherwise make known in any form the content thereof to third parties without the prior written authorization of the Disclosing Party, to be granted at its sole discretion. The Receiving Party must protect Confidential Information with appropriate security measures.

  2. The Receiving Party undertakes to protect the Disclosing Party’s Confidential Information by adopting all necessary and appropriate precautions and security measures to maintain the confidentiality of the Confidential Information, and in any event with safeguards and security measures no less stringent than those used to protect its own information.

  3. Without prejudice to the foregoing, the Receiving Party undertakes, for the entire duration of the Contract and for a further period of five (5) years from its termination, not to disclose to third parties, directly or indirectly and for any reason whatsoever, any Confidential Information.

  4. Without prejudice to the preceding paragraphs, the following shall not be considered Confidential Information:

  5. information already known to the Receiving Party at the time of execution of the Contract;

  6. information that was or has become public knowledge for reasons not attributable to the Receiving Party;

  7. information already lawfully in the possession of the Receiving Party, and not subject to confidentiality obligations, at the time it was disclosed by the Disclosing Party;

  8. information disclosed by the Disclosing Party to third parties without being subject to confidentiality obligations.

  9. It is expressly understood that the Receiving Party shall be entitled to disclose, in whole or in part, the Confidential Information pursuant to an order of a judicial or governmental authority, or where required by law.

Art. 9 – Personal Data Processing

  1. POLIMI GSoM is the data controller for Participant’s personal data, as defined in the privacy notice available here: Privacy Notice on the Processing of Personal Data Regulation (EU) 2016/679

Art. 10 – Authorization to Use Participant’s Image

  1. The Participant is informed that, during the Course, POLIMI GSoM may produce audio and video content (“Audio/Video Content”) that will collectively capture the class, for the purpose of documenting the progress of the Course and potentially publishing such material on POLIMI GSoM’s social media channels and website.

  2. The purpose of creating the Audio/Video Content is not to record the individual Participant. The Audio/Video Content will be produced in a manner suitable to protecting the Participant’s image. The Participant will be clearly informed in advance each time POLIMI GSoM intends to proceed with recording and will always have the right to request not to be filmed by notifying POLIMI GSoM in writing at the following email address: staffacademy@gsom.polimi.it, with at least five (5) working days’ notice before the start of the Course.

  3. Without prejudice to the exercise of the above right, should the Participant be filmed, the Participant grants POLIMI GSoM — pursuant to Law No. 633 of 22 April 1941 on copyright protection and subsequent amendments — the right to use his/her image and any related rights for the purposes described above, authorizing POLIMI GSoM to re-edit it, in whole or in part, at its discretion.

  4. The aforementioned right is granted free of charge and irrevocably by the Participant, who shall have no claim, present or future, of any kind whatsoever in relation to the authorization granted herein.

  5. The Participant acknowledges and accepts that, once made public, the Audio/Video Content may be acquired and republished by third parties, even without POLIMI GSoM’s consent, and therefore releases POLIMI GSoM from any liability that may arise from improper and/or unlawful use of the Audio/Video Content by third parties.

Art. 11 – Non-Assignment

  1. The Participant may not assign the Contract to third parties without prior written consent. Any unauthorized assignment is null and void.

Art. 12 – Consumer Law Exclusion

  1. Consumer protection laws (Art. 1469-bis et seq. Civil Code and Legislative Decree 206/2005) do not apply, as Participants act in a professional or business capacity.

Art. 13 – Compliance with Legislative Decree 231/2001

  1. The Participant acknowledges and agrees to comply with POLIMI GSoM’s Organizational Model and Code of Ethics, available at https://www.gsom.polimi.it/en/compliance/.

Art. 14 – Participant Declarations

  1. The Participant declares, under his/her own responsibility and in accordance with the principle of good faith, that the information provided to POLIMI GSoM at the time of purchase and contained in any related documents is true.

  2. The Participant acknowledges that failure to pay the Tuition Fee within the time limits and in the amounts specified at the time of purchase may result, at the sole discretion of POLIMI GSoM, in immediate exclusion from the Course, without any refund of amounts already paid by the Participant to POLIMI GSoM and without prejudice to POLIMI GSoM’s right to obtain payment of all sums due..

  3. Failure to exercise the right of exclusion referred to in the preceding paragraph shall in no case be deemed a waiver of such right, which may be exercised at a later time.

Art. 15 – Force Majeure

  1. For the purposes of this Contract, force majeure events shall mean all events and circumstances — including measures issued by administrative and/or judicial Authorities — which (i) could not have been foreseen or avoided by POLIMI GSoM and (ii) have made it impossible or unlawful for POLIMI GSoM to perform its contractual obligations.

  2. POLIMI GSoM is not liable for delays or failures due to Force Majeure (e.g., earthquakes, epidemics, strikes) POLIMI GSoM shall not be liable for any failure or delay in delivering the Course when such non-performance results from a force majeure event, including but not limited to earthquakes, fires, epidemics, floods, wars, general strikes, orders of Public Authorities, or any other unforeseen and unforeseeable circumstances beyond the control of POLIMI GSoM (“Force Majeure”).

  3. In the event of a Force Majeure occurrence causing a delay in the delivery of the Course, POLIMI GSoM shall use all reasonable efforts to mitigate the effects of the Force Majeure on the provision of the Course. Should the Force Majeure prevent or delay the performance of part of the Course, POLIMI GSoM shall deliver the portion of the Course not affected by the Force Majeure and shall, in any event, promptly take action to deliver the remaining portion of the Course as soon as the cause of the Force Majeure has ceased.

Art. 16 – Miscellaneous

  1. The Contract supersedes, replaces, and novates any previous agreement between the Parties concerning the same subject matter and shall constitute the sole governing source of the collaboration between the Parties until its expiration.

  2. Any amendment, deletion, and/or addition to the Contract shall be made in writing between the Parties, failing which it shall be ineffective.

  3. The possible nullity, voidability, and/or illegality of any articles and/or provisions of the Contract shall not affect the validity of the remaining provisions.

  4. Any tolerance by POLIMI GSoM of non-compliance with any of the conditions set forth in the Contract shall not constitute a waiver of the right to enforce such provision in the future.

Art. 17 – Communications

  1. Communications must be in writing via email.
  2. With regard to the Participant, reference shall be made to the email address provided at the time of purchase. The Participant undertakes to promptly report any changes.

  3. With regard to POLIMI GSoM, reference shall be made to the email addresses communicated from time to time by the Course coordinators.

Art. 18 – Governing Law and Jurisdiction

  1. The Contract is governed by Italian law.

  2. For any dispute arising from the interpretation and performance of the Contract that cannot be settled amicably, exclusive jurisdiction shall lie with the Court of Milan.