These Terms of Service, together with additional terms included in the Purchase orders, regulate the provisions of services by ESG PORTAL Società Benefit a responsabilità limitata (in English ‘ESG Benefit Corporation’), a company with registered address in Milan, at Via Ippodromo 7, Tax ID and registration number in the Business Milan Registry 11344330961.
ESG Benefit Corporation provides technologies and services which help customers to show on the web platform ESG PORTAL the way they operate and the measures adopted to meet the growing demands of the market about sustainable development, in complete transparency and through a common model based on internationally recognized standards.
These Terms of Service regulate the use of the ESG PORTAL and the other products, features, apps, services, technologies and software provided by ESG Benefit Corporation, except when the application of different terms are explicitly stated. Therefore, the products and services in question are provided by ESG Benefit Corporation.
Customers of ESG PORTAL consist of Users, whose registration is allowed only to legal entities, and Visitors, whose registration is also allowed to natural persons. To access the ESG PORTAL you have to register. If, in addition to the registration, you place a Purchase order, you become a User. If you do not register, you will not be able to access ESG PORTAL and its services.
These Terms of Services apply both to Users and Visitors.
In completing the Service registration procedures, the Customer undertakes to follow the indications present on the website ESG PORTAL and to provide his/her personal data in a correct and truthful way.
Following the registration on the ESG PORTAL, Users and Visitors will have an account. When the Customer requests the activation of a Service, ESG PORTAL will assign a User ID and Password to him/her. The Customer acknowledges that these User IDs and Passwords constitute the system for validating Customer access to the Services. The Parties acknowledge and agree that such User IDs and Passwords are the only suitable means to identify the Customer when accessing the Services. Therefore, the Customer:
Registration of natural persons is allowed only to individuals who have reached the age of 16. Registration of legal entities may only be made by people who have the authority or are authorized by the person who owns it.
Payments only concern Users. Visitors are not subject to any kind of payment as their registration is free of charge.
The nature and type of Services provided by ESG PORTAL to the Customers are described in the single Purchase orders. The Fees for the Services and the terms and conditions for their payment are those established in the Purchase order. Unless specifically specified, all fees are listed free of VAT. The Customer has the right to choose between the different payment methods authorized by ESG PORTAL (Credit Card and bank transfer), which features are available on the webpage "Payment methods". If the Service is set up with automatic renewal methods and the Customer has associated one of the above mentioned payment methods, specifically a credit card, he/she authorizes ESG PORTAL to collect the renewals using the same payment method indicated by the Customer at the time of purchase, unless expressly requested to modify it directly by the Customer on its control panel.
In the case of automatic renewal of services, the Customer expressly authorizes ESG PORTAL to charge fees for the Services on a periodic basis, based on the renewal timing set for the single services and/or on the Customer's requests. The Customer guarantees as of now the availability of the sums necessary to make payments. After the online payment, ESG PORTAL will issue an electronic invoice and send a copy of it to the address indicated in the master data sheet. For automatic renewal services, the Customer acknowledges that, in case of renewal, the list price published and in force at the date of renewal will be applied. All tax burdens arising from the use of the Services shall be borne exclusively by the Customer. In case of late payment, ESG PORTAL reserve the right to suspend the provision of the Services in accordance with Article 1460 of the Italian Civil Code.
If a payment, which allows the use of the platform for 12 (twelve) months and the publication of an ESG PORTAL Statement, is not made within the twelve month period, the organisation will no longer be visible to the public. After that, if a payment does not occur within the next twelve months, the organisation's account will be deleted, resulting in the deletion of all data connected to it.
The information provided by the User can be of two types: public and evidence-based. The ESG PORTAL questionnaire indicates which types they are. Public information is visible to Visitors and other Users. The evidence-based information is not visible, will never be disclosed to the public and has the only purpose of proving the truthfulness of what has been declared. Once the upload of the documents with the answers to the questionnaire has been completed, the ESG statement will be issued. The statements on the portal are subject to random checking carried out by the technical component of ESG Company Benefit. In the absence of a positive response, i.e. statements that are not adequately supported by the requested documentation, a request for rectification regarding what has been declared and the deadline for effective action to be taken e will be sent by e-mail. If corrective measures are not adopted, it will be indicated on the portal that the answer provided is not supported by adequate objective evidences.
The Statement refers to the time frame defined in the questionnaire of the organisation and requires periodic updating.
The fees for the publication of the statements and the following voluntary additions can be found on the website.
All public information shared on the portal and in the ESG PORTAL services can be viewed, copied and used by Users and Visitors.
ESG Benefit Corporation, operator of the ESG PORTAL, is not obliged to publish any information or document on the ESG PORTAL. They may be removed with or without notice, at its own discretion.
The use by Visitors or Users of the content or information published on the services provided by ESG PORTAL about third parties (other users) is at its own risk. ESG PORTAL checks the truthfulness of all information according to a predefined standard, but this does not exclude the possibility to come across inaccurate, incomplete, late, misleading, illegal, offensive or harmful content or information. Therefore, it is not possible to completely prevent the improper use of ESG PORTAL's services and the User and Visitor acknowledge that they are not liable for its inappropriate use. Some third parties may also offer their products and services by referring to or associating them to the services provided by ESG PORTAL, which is not responsible for the activities of the said third parties.
ESG PORTAL respects the intellectual property rights of the other parties; therefore, it expects that all information provided by the Users are accurate and do not infringe property rights.
ESG PORTAL Benefit Corporation reserves all intellectual property rights to its services. The trademarks and logos associated with the Services are trademarks of their respective owners. ESG PORTAL, the "ESG PORTAL" logos and other trademarks, service marks and images associated with the Services are trademarks or registered trademarks of property of ESG PORTAL.
Registered Customers agree to:
Notifications and messages can be sent as part of the service to the provided contact details (e.g. e-mail address, mobile phone number, postal address). Refusal to receive communications will result in the cancellation of the account.
The General Terms of Business, including the documentation concerning privacy, may be subject to modifications. In case of substantial changes, which cannot be retroactive, the User and the Visitor will be immediately informed about them. If they do not accept the changes, they will have the possibility to close their account. If, after the publication or the notification regarding the changes made, you continue to use the ESG PORTAL Services, the new terms and conditions shall be considered accepted by the User and the Visitor from the date of their entry into force.
ESG PORTAL is committed to using the best technology and resources at its disposal to provide the Services for every single Purchase order. The Customer agrees that ESG PORTAL shall not in any way be held responsible for delays or malfunctions in the provision of Services caused by events beyond the reasonable control of ESG PORTAL, including, for instance,: (i) events of force majeure; (ii) events caused by third parties such as, for instance, the interruption or malfunction of the services of telecommunications operators and/or power lines; (iii) malfunction of the terminals or other communication systems used by the Customer. In case of interruption of the Service, ESG PORTAL is committed to restoring the Service as soon as possible. The Customer also agrees that ESG PORTAL shall not in any way be held responsible for acts or omissions of the Customer and in contrast with the obligations assumed by the Customer in accordance with these Terms and Conditions or a Purchase Order. He/she also agrees that ESG PORTAL shall not be held responsible for malfunctions due to defects in the tools necessary for access, inappropriate use of the same and/or the procedures for access to the service by the Customer or third parties.
ESG PORTAL shall not in any way be held responsible towards the Client or third parties for loss of profit, loss of earnings, or any other form of loss of profit and any indirect damage caused by the execution of these Terms and Conditions or of a single Purchase order.
The User and the Visitor shall:
These Terms of Service have an indefinite duration, unlike the agreements for the single Services, whose term will be indicated in the concerning Purchase order..
SPECIAL NOTICE FOR CUSTOMERS: The Customer (intended as natural person) who requests the provision of a service for purposes unrelated to his/her professional activity ('Consumer'), has the right to withdraw freely, without having to provide any reasons, from these Terms of Services within fourteen working days following the termination of the contract, in accordance with and for the purposes of Article 52 of the Consumer Code. Withdrawal may be exercised by the Customer, in accordance with Article 54 paragraph 1 of the Consumer Code, by filling in the withdrawal form in Annex I, part B of the Consumer Code or by submitting a written notice expressing his/her decision to withdraw from the contract. Such notice shall be sent, by registered letter with a return receipt, to ESG PORTAL Società Benefit a responsabilità limitata at its registered office in Milan, Via Ippodromo 7, before the expiry of the withdrawal period.
The Customer is not allowed to transfer neither the contract nor the rights and obligations arising from it without the explicit consent of ESG PORTAL. In any case, the transferor is not released from his/her obligations to ESG PORTAL, which may transfer the whole or part of his/her rights and obligations arising from the contract to third parties.
ESG PORTAL is the exclusive holder of the ownership and economic exploitation rights concerning inventions, programs (including software, documentation and written programs, studies, etc.) and of any other product that has been prepared, implemented, developed in accordance with the Services purchased through the single Purchase order by the Customer, to whom only a limited and non-transferable right of use is granted.
The customer may withdraw from the contract at any time by registered letter with a return receipt or certified mail, except for the payment of the fees specified in the contract and in the Purchase orders.
The Services offered are subject to terms of lawful and fair use. The Customer is required to use the services only for personal purposes and must use the ESG PORTAL platform in good faith and fairness, respect all the terms and limitations set out in the contract, and refrain from obtaining advantages other than those related to the normal use of the Services.
In the case of failure to comply with the aforementioned principles, ESG Benefit Corporation reserves the right, prior notice to the client, to totally or partially interrupt the provision of services.
This Contract is governed by Italian laws. The Court of Milan shall have exclusive jurisdiction for any controversy arising from or relating to this Contract or its performance. In case of a contract entered into by a Consumer, the competent court shall be that of the Consumer's place of domicile or residence in accordance with applicable law.
All Communications and complaints from Customers to ESG PORTAL shall be addressed to email@example.com.
These Terms of Services were updated on 4 October 2020.