Registration conditions and technical operations of the "New energy spaces" Platform
In order to subscribe to the "New energy spaces" Platform as a Participant in the competition for the selection of proposals for the architectural and landscape development of Enel's industrial sites indicated in the Call available on the website https://corporate.enel.it/it/azienda/concorsi-nuovi-spazi-energia-centrali-enel and enter your project proposal, it is necessary to fill the specific online form available on the website (below "Website"). By completing the registration process and selecting the corresponding item, the Participant declares that he/she/it has carefully read and expressly accepted all the terms and conditions of use of the Platform indicated below.
Definitions
Personal Data
For the purposes of Registration, the Participant must provide personal data that will be processed in compliance with the provisions of EU Regulation 679/2016 and all amendments and current legislation on this subject, as provided in the Data Privacy Statement to be accepted upon registration. The participant represents and warrants that the personal data he/she has provided are complete, true and correct and undertakes to update them promptly.
Participant's Credentials
Upon registration the Participant will enter a personal identification code "User ID" and an access code "Password", which will be required for access to and use of the Platform. Subsequently he/she/it will receive at the email address that has been entered in the registration form a link to confirm the activation of the account. The Participant is solely responsible for maintaining the secrecy and confidentiality of his/her/its Credentials and, consequently, is solely responsible for all uses of his/her/its Credentials, whether authorised or unauthorised by the Participant himself/herself/itself. In relation to the above, the Participant is obliged to immediately communicate to the email address concorsi_architettonici@enel.com any unauthorised use by third parties of his/her/its Credentials or any other security breach that he/she/it has become aware of, committing from now to indemnify and hold harmless Enel from any and every request, including compensation for damages, proposed and/or resulting, directly or indirectly, from the aforementioned use or abuse by anyone.
Limits of use of the Platform by the Participant
The following points set out the limits of use of the Platform to be respected by the Participant:
- Applicable laws and regulations: the Participant shall not use the Platform in breach of: any law and/or regulation applicable, Enel's or third parties' intellectual property rights, rights regarding personal data, regulations and/or guidelines concerning cybersecurity, or otherwise acting contrary to the present Terms and Conditions and other agreements entered into between Enel and the Participant;
- Allowed use: the Participant shall not use the Platform acting contrary or beyond what is expressly granted by these Terms and Conditions;
- Malware: the Participant shall not put any virus on the Platform and/or install computer programs which can damage it and/or intercept or expropriate Enel Data;
- Credentials: the Participant shall not disclose or supplies his/her/its Credentials to third parties;
- Scraping, crawling, spidering: the Participant shall not access/store/disclose/facilitate the transfer of Enel Data obtained - by mere way of example and without limitation by scraping, crawling, spidering or by using other technologies or software.
Property rights of Enel and Third Parties
The Participant expressly acknowledges that all intellectual property rights, protectable under the regulation regarding copyright or other provisions, existing on, by way of example, software, hardware, projects, trademarks, databases and similar, present in the Platform because they have been provided by Enel or otherwise made available to the Participant by Enel are owned by Enel and its legitimate licensees and will remain so. It is understood that the Participant cannot copy, modify, sell, assign, license, grant, transfer to third parties or create works deriving from any right belonging to Enel, nor allow any third party to do so.
Limitation of Liability
Enel does not assume legal responsibility for damages, claims or losses, either direct or indirect, deriving to the Participant due to failure and/or malfunction of the electronic equipment belonging the Participant or to third parties, including Internet Service Providers, telephone and/or computer connections that are not directly managed by Enel Production or under its control. Enel cannot be held in default nor liable for damages resulting from the failure to register to the Platform due to the lack of, or mistaken functioning of it or of the electronic means of communication used by the Participant due to circumstances beyond Enel's control, including - but not limited to - fire, natural disasters, lack of energy, unavailability of telephone lines or of other network service suppliers, malfunctioning of systems and other electronic devices, also when they are not part of the Internet network, malfunctioning of software installed by the Participant, as well as actions carried out by other users or anyone else having access to the network.
Date, registration and storage of documents shared on the Platform
The registration of the electronic transactions made through Enel Production's IT system is full and exclusive evidence of the content and date of registration of acts, communications and/or documents that have been sent and/or shared on the Platform.
Registrations made by the aforesaid IT system are full evidence of the performer electronic transactions. The abovementioned registrations are confidential and will not be shared with third parties, except in cases expressly allowed by the relevant regulations.
Enel keeps records of the electronic transactions referred to in this article in a specific computer filing system.
Indemnity
The Participant agrees to use the Platform for lawful purposes that are allowed by current applicable laws, usages and customs, rules of diligence, and in any case without infringing the rights of any third party, always paying particular attention to the rules on data protection, regulations on protection of intellectual and industrial property and those on telecommunications, committing from now to indemnify and hold harmless Enel from any and every request, including compensation for damages, proposed and/or resulting, directly or indirectly, from the aforementioned use or abuse by anyone.
Applicable law
The present conditions are governed by Italian law the competent Court for any and all controversies is that of Rome. In the event that certain provisions were to be held invalid, void and/or not applicable under the current legislation, the remaining ones will still have full force and effect.