1.  Terms and Conditions

1.1    Definitions

The following terms will have the meaning indicated below in the T&Cs:

1.2    Subject matter of the contract and area of applicability (General Information)

1. These T&Cs wants to inform the User on the terms of use of the DestinE Core Service Platform accessible through the website destine.eu (the “DestinE Platform”), whether as a guest or registered user (the “User”). Please read these T&Cs carefully before navigating the website. By using the site, the user agrees to these terms of use.
2. This Agreement grants the User the right to access the DestinE Platform, as well as the right to the use of DestinE Platform Registered Services.
3. Specific terms and conditions may be entered to use some specific DestinE Platform Registered Services, especially for services provided by Third Party Providers.
4. The DestinE Platform is operated by a group of European economic operators led by the company Serco Italia S.p.A. (having its  registered office at Viale dell’Astronomia 13, 00144 Roma Italy, VAT No. IT 01524751003, Fax No. +39 (06) 941 94 26, e-mail address desp-support@serco.com ) – hereto referred as ”Serco”). The DestinE Platform has been created and developed within the “Destination Earth – DestinE Core Service Platform Framework – Platform & Data Management Services” Contract, a contract funded by the European Commission for the implementation of the “Digital Europe Programme”.
5. The DestinE Platform is not meant to be offered to minors, when Users use the DestinE Platform, they declare to be at least 18 years old.

1.3    DestinE Platform Services

1. The service covered by the T&Cs includes all data, functionalities Applications, services, technologies or other functionalities offered via the DestinE Platform, and distinguishes between the services accessible by:
   1. the Registered User, who will be offered with the following Services:
      1. full access to the DestinE Platform knowledge base Web Portal (webinars, documentation, user guides, training material), and to information on the access modalities and useful contacts.
      2. access the online discussion platform (Forum) with his/her nickname and write contents/posts, share information and provide feedbacks/suggestions to the registered services

• contact the Service Desk for any information and request, open and update tickets;

1. access the user profile section to modify personal information in the dedicated IAM Service form;
2. request the removal of its own account (GDPR “right to erasure”);
3. access to DestinE Platform services;

• access the Executive Dashboard restricted area.

2. Non-registered Users, who will be offered with the following Services:
   1. news, general information, follow DestinE Platform on social media, Data Offer. Information on DestinE Platform Services at the Service Registry, without the possibility of accessing them.
3. If the User registers on the DestinE Platform for an entity, the individual completing the registration to the DestinE Platform represents to have legal authority to bind that entity and the terms of the T&Cs will be meant to bind any employee, officer and individual using the DestinE Platform on behalf of that entity.

1.4    Registration and ordering (User’s Account-Provisions applicable to the Registered users)

1. With reference to the Registered Users, the User shall set up an Account associated with a valid email address to be able to register on the DestinE Platform. The User needs to ensure that the data provided with its Account (name, surname, e-mail address) are correct and complete and to promptly update them through the Account functionalities.
2. The Registered User is responsible for all activities that occurs on its Account, regardless of whether the activities are authorized or undertaken by the User, its employees or a third party using the User’s Account, including its contractors, agents or End Users.
3. The Registered User is obliged to diligently and confidentially store the log-in credentials and keys to get access to its Account on the DestinE Platform and to promptly notify Serco when it believes that its log-in credentials and keys have been unlawfully disclosed to a third party or used in an unauthorized manner. Within the limits provided by the law, Serco is not liable for their unauthorized usage or access.
4. Log-in credentials to get access to the Account and keys generated to get access on the DestinE Platform are for the Registered User’s internal use only and the Registered User shall not sell, transfer or sublicense them to any other entity or person, except for the possibility to disclose the key to the User’s agents and subcontractors performing work on the Register User behalf.

1.5    User’ duties and responsibilities

1. All Users can access the materials and any Content made available by the DestinE Platform, (the “DestinE Platform Content”) in accordance with all applicable laws, rules and regulations applicable to the User’s use of the DestinE Platform and the DestinE Platform Services, without breaching the rights of Serco, its partners, its licensors and third parties and in compliance with these T&Cs, Destine Platform Code of Conduct (DCoC) and DTaC (DestinE Terms and Conditions).
2. Service Providers shall ensure that all End Users comply with the User’s obligations under this T&Cs and that the terms of the agreement between the User and End User are consistent with this T&Cs. This is ensured by the fact that End Users can use DestinE Platform services after authentication and authorization, guarantee by the DestinE Platform IAM Service. At End User registration, he/she shall accept the DestinE Platform T&C. If the User becomes aware of any breach of the terms of this T&Cs by an End User, it shall immediately notify Serco and suspend access by such End User to User Content and to the DestinE Platform.

1.6    Service Provider duties and responsibilities

1. Whether a User becomes a Service Provider following a successful onboarding procedure set out in the DestinE Platform Web Portal
2. The Service Provider shall be responsible for:
   1. the development, content, operation and maintenance of its Service Content on the DestinE Platform;
   2. the accuracy, quality, integrity, legality, reliability, appropriateness, ownership of all of its Service Content
   3. the technical operation of its Service Content;
   4. obtaining and maintaining any equipment or ancillary services needed to access and/or use the DestinE Platform, including without limitation, modems, hardware, software, sufficient secure Internet connection and bandwidth, and long distance or local telephone services, and any fees associated therewith;
   5. ensuring that its Service Content are not corrupt in any way and does not contain any viruses;
   6. administering security of its Service Content within the DestinE Platform (i.e. configuring End User access rights);
   7. applying adequate industry “best practice” standards to ensure the highest security for integration between the Service Content and the DestinE Platform.
   8. all activities occurring during the use of the Service Content;
   9. any claim relating to the Service Content, especially if it infringes any legal rights (including any Intellectual Property Rights);
   10. notifying Serco within twenty-four (24) hours if has reasonable grounds for believing that there has been any unauthorized access to or use of the User Accounts or any password or if the User Accounts information is lost or stolen or any other known or suspected breach of security.

1.7    License on Platform Services

1. User acknowledges and agrees that the DestinE Platform Content in the form of, among others, software, text, images, graphics, sounds, animations buttons, icons and videos, including the arrangement thereof, are protected by the applicable copyright and other intellectual property rights laws, and that Serco and its partners owns the rights there to as owner or licensor.
2. Subject to the terms of this T&Cs, Serco grants the User a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following: (a) access and use Platform Services solely in accordance with this T&C;
3. User will not use the DestinE Platform Services, and ensure that any End User will not use, in any manner or for any purpose other than as expressly permitted by these T&Cs. Also, the User will not, and ensure that any End User will not,
   1. modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Serco Content included in DestinE Platform Services;
   2. reverse engineer, disassemble, or decompile DestinE Platform Services or apply any other process or procedure to derive the source code of any software included in DestinE Platform Services, save for what provided by applicable laws,
   3. access or use DestinE Platform Services in a way intended to either avoid incurring fees, exceeding usage limits or quotas, or perform further fraudulent conducts, or breach the terms of this T&Cs or applicable laws; or
   4. resell or sublicense Platform Services.

1.8    Blocking and deactivation of an account

1. If and to the extent that the User uses his/her Account contrary to the duties stated in clause 2.7. or in cases of other serious infringements of any duty or in case of legitimate grounds for suspecting a culpable infringement of a duty, Serco reserves the right to block access to User Account temporarily and/or to deactivate it.
2. If and to the extent that it comes to Serco’ attention that third parties are using the User’ Account or if the User suspects any fraudulent use of his/her account, Serco reserves the right to block access to User Account to the extent necessary and/or to deactivate it in order to prevent improper use by third parties. Serco is authorized to act in this way only if there are grounds for suspecting improper use by a third party.
3. The User shall be notified without undue delay when his/her Account has been blocked or deactivated.
4. Should the User Account be inactive for a period of six (6) months, Serco reserves the right to deactivate it.

1.9    Terms and Termination

1. Serco and its partners may, in its sole discretion, terminate or suspend the User’s access at its discretion for any reason with a 30 day prior written notice, to all or part of the DestinE Platform, and immediately in case of, breach of any term of these T&Cs or of the DestinE Platform Code of Conduct that is not cured within 15 days from the occurrence of such breach.
2. The User has the right to withdraw free of charge and at any time from the T&Cs, either by permanently deleting the Account (in respect of Registered Users) or by not using the DestinE Platform -Services (for the non-registered Users). After termination of the T&Cs or termination of the Services, these T&Cs shall continue to apply and shall continue to govern the terms of the DestinE Platform Services before termination.

1.10 Warranties

1. Serco and its partners do not warrant that:
   1. the DestinE Platform will be compatible with User devices and will be free from any interruptions or errors;
   2. the DestinE Platform, the DestinE Platform Services and the Content do not infringe any third party rights, including intellectual property rights;
   3. the DestinE Platform Services and any information obtained through them meet the User’s needs or expectations; and
   4. (d) the results obtained through the use of the DestinE Platform Services are reliable.
2. The User warrants that have full power and authority to enter into this Agreement;
3. The user understands and appreciates the risks and costs inherent in this Agreement and his/her rights and obligations;
4. End Users understand the terms of this Agreement and endorse those terms and conditions;
5. The User has all rights in his/her Service(s) necessary to grant the rights contemplated by this Agreement;
6. The User shall conduct his/her business in accordance with good ethical standards and in compliance with the processes required under the applicable laws.
7. Save as otherwise expressly stated in this agreement, the User acknowledges that the DestinE Platform is provided on an “as is” and “as available” basis and, accordingly Serco its partners and its subcontractors, suppliers and licensors expressly disclaim any and all warranties of any kind or nature to the fullest extent permitted by law, whether express, implied, statutory or otherwise, relating to the DestinE Platform, including without limitation any warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose or quiet enjoyment, together with any warranties arising out of any course of dealing, usage or trade. In addition, Serco, its partners and its subcontractors, suppliers and licensors make no representation or warranty that the DestinE Platform will be uninterrupted, timely, error-free, free from harmful components or that all errors can be corrected, or that any content (including the user service(s)) will be secure or not otherwise lost or damaged.
8. Data, Content, Services (to be discussed what should be listed here) are provided without any express or implied warranty as regards their quality, accuracy, availability, reliability, speed and suitability for any purpose. The user renounces to any claims for damages against the European Union and the providers of Data, Content, Services (to be discussed what should be listed here). The scope of this waiver encompasses any dispute, including contracts and torts claims that might be filed in court, in arbitration or in any other form of dispute settlement.

1.11 Limitation of Liability

1. Save for the cases of gross negligence and wilful misconduct, EU, Serco, its partners, its affiliates, their employees, directors and shakeholders will not be liable for
   1. indirect and consequential damages suffered by the User, End Users or licensors and or caused to third parties by the User conduct and/or omissions not attributable to Serco and its partners.

2. Serco and its partners will not be liable for delays, interruption and lack of provision of Platform Services due to force majeure events and in general any event that is outside its reasonable control.

1.12 Indemnification

1. Users undertakes to defend, indemnify, and hold harmless Serco and its partners, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable         attorneys’ fees) arising out of or relating to any third-party claim concerning:
   1. their usage of the DestinE Platform;
   2. the breach of these T&Cs or violation of applicable law by the User;
   3. any breach of third parties’ rights.
2. Serco and its Partners will have no obligations or liability arising from the Users’ use of the DestinE Platform Services and DestinE Platform Content after Serco and its partners have notified the User to discontinue such use.

1.13 Marketing

1. Each Party has the right to advertise to advertise the fact that it uses the DestinE Platform and to use a Party name and logo on its communication channels.
2. Should a Party notice improper use of its name and/or logo, it shall have to right to request the other Party to remove it immediately from the communication channels used.
3. Each Party shall display the European flag (emblem) and funding statement (translated into local languages, where appropriate).
4. Written communications shall indicate the following disclaimer (translated into local languages where appropriate): “Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Commission. Neither the European Union nor the European Commission can be held responsible for them”.

1.14 Data Privacy

1. Serco will process the Users’ personal data in compliance with the EU regulations, Privacy Policy and cookie policy available on the DestinE Core Service Platform at the following link:
2. The User refers to the Privacy Policy to understand how Serco collects and use Personal Data in compliance with the latest European General Data Protection Regulation (GDPR).
3. Serco will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the User data, as provided for under this Agreement.
4. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of the User data by any third party or Serco personnel, except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by law in accordance with the provisions of this Agreement, or (c) as expressly permitted in writing by the User 16.3. The User shall maintain appropriate administrative, physical, and technical safeguards for the protection of the security, confidentiality and integrity of Personal Data as provided for under this Agreement. Those safeguards shall include, but will not be limited to, measures for preventing access, use, modification or disclosure of Personal Data by any third party or its personnel, except (a) to provide the Services and prevent or address service or technical problems, (b) as required by law in accordance with the provisions of this Agreement, or (c) as expressly permitted in writing by Serco or End User.

1.15 Changes to the agreement

1. Serco and its partners can change or discontinue the DestinE Platform or change or remove functionalities of the DestinE Platform at anytime, also due to regulatory changes. In such cases, Serco and its partners will notify in advance the material changes or its discontinuation.
2. Serco Consortium reserves the right to amend at any time these T&Cs with a prior 30 days notice to Users. In such case, if the User does not want to accept the new version of the T&Cs, it shall terminate the use of the DestinE Core Service Platform before the date when it becomes effective.

1.16 Transfer of rights (Consumers’rights)

1. The provisions of this Section 2.16 apply only to Users that fall under the category of “consumer” pursuant to the Italian Legislative Decree 6 September 2005, No. 206 (the “Italian Consumers Code”).
2. Save for the right of the User to bring a claim before the courts of its place of residence, the User is informed herewith in compliance with article 14 of the EU Regulation 524/2013 that the EU Commission set up a platform for the online dispute resolution that can be accessed at this link Online Dispute Resolution | European Commission (europa.eu) and that can be used by Users to sort disputes with Serco and its partners that can be contacted at the following address  desp-support@serco.com
3. Users that are consumers should be aware that the Sections of these T&Cs that unfair under the terms of the Italian Consumers Code may be void pursuant to article 36 of the Italian Consumers Code.

1.17 Dispute of Resolution

1. Notwithstanding anything else contained herein, any dispute between the Parties arising out of or relating to this Agreement shall be resolved in accordance with this clause.
2. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve the dispute informally, as follows:
3. Every effort should be made to resolve all disputes at the lowest possible level of authority, through normal channels and procedures.
4. If the Parties fail to agree, then upon the written request of either Party, each Party within five (5) business days, will designate an authorized representative, whose task will be to meet for the purpose of endeavouring to resolve such dispute within sixty (60 days).
5. The designated representatives shall meet as often as the Parties reasonably deem necessary and shall discuss the problem and negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding.
6. If any dispute cannot be settled by negotiation, the Parties shall in good faith, seek to resolve that dispute through competent Italian courts
7. The Parties agree that any written statements which will be prepared in connection with settlement negotiations will be confidential and shall not be used against the Party who prepared such statement unless it is subsequently introduced by the preparing Party in the formal proceedings.
8. This clause will not be construed to prevent a Party from instituting, and each Party is authorized to institute, formal proceedings earlier to:

• avoid the expiration of any applicable limitations period; or
• to preserve a superior position with respect to other creditors to disputes;
• restrain the other Party from doing any act or to compel the other Party to do any act;
• to settle any claims relating to ownership of Intellectual Property Rights.

9. Each Party shall continue performing its obligations under this Agreement while any dispute is being resolved unless and until such obligations are terminated by the termination or expiry of this Agreement.

1.18 Miscellaneous

1. The User is not entitled to assign or otherwise transfer any of its rights and obligations under these T&Cs, without Serco’s and partner’s prior written consent. Any assignment or transfer in violation of this Section 2.18 will be void.
2. These T&Cs are governed by Italian law, without reference to conflict of law rules. Any dispute arising from this Agreement will be subject to the exclusive jurisdiction of the courts of Rome (Italy).
3. If any portion of these T&Cs is held to be invalid or unenforceable, the remaining portions of these T&Cs will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these T&Cs but the rest of the T&Cs will remain in full force and effect.
4. Serco, its partners, its affiliates, licensors and subcontractors are not subject to any obligations, do not provide any representation and warranty also in relation to the DestinE Platform that is not expressly provided by either the T&Cs or statutory law which cannot be derogated by the terms of these T&Cs.
5. Serco and its partners may provide any notice to the User under these T&Cs by either posting a notice on the Serco Site or sending a message to the email address then associated with the User’s Account. Notices we provide by posting on the DestinE Platform Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is the User’s responsibility to keep its email address current. The User will be deemed to have received any email sent to the email address then associated with the User’s Account when we send the email, whether or not the User actually receives the email. The User can send a notice to Serco by sending it via email to the address desp-support@serco.com and such notice will be meant to be received by Serco following the delivery by Serco of a notice of receipt to the User

1.19 Entire Agreements

1. The Parties agree that this Agreement is the complete and exclusive statement of the agreement between the Parties which supersedes all proposals or prior agreements, oral and written, and all other communications (whether negligently or innocently made) between the Parties relating to its subject matter.
2. The Parties acknowledge that no reliance is placed on any representation, warranty, statement, undertaking or expression of opinion (whether negligently or innocently made) which is not expressly set out in this Agreement unless fraudulent. Each Party shall not have any right or remedy against the other Party arising out of or in connection with any such representation, warranty, statement, undertaking or expression of opinion unless fraudulent.
3. All warranties, conditions and other terms implied by applicable law are excluded to the fullest extent permitted by law.

Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Client declares to have read and understood and expressly accept this document.

1.20 DestinE Data Policy

DestinE Data, which for the purposes of these Terms and Conditions includes the related metadata, are provided without any express or implied warranty as regards their quality, accuracy, availability, reliability, speed and suitability for any purpose.

The user renounces to any claims for damages against the European Union and the providers of DestinE Data. The scope of this waiver encompasses any dispute, including contracts and torts claims that might be filed in court, in arbitration or in any other form of dispute settlement.

Data Policy for Digital Twin Outputs

The EU is Owner of all DestinE Digital Twin Outputs.

The data policy applicable to DestinE Digital Twin Outputs is defined in the DestinE Contribution Agreements concluded with each of the 3EEs:

[DestinE Digital Twin Outputs] that is generated from data made available on the basis of a free and open data policy shall be made available to users under the following free and open DestinE Data Policy:

1. Destination Earth users may, on a free and worldwide basis, reproduce, distribute, communicate to the public, adapt, and modify all [DestinE Digital Twin Outputs] and combine them with other data and information.
2. The free and open DestinE Data Policy is subject to the following limitations:

• where the formats, timeliness and dissemination characteristics of data and information used to generate the [DestinE Digital Twin Outputs] have been pre-defined, those shall be respected;
• the data policies and licensing conditions of data used in the production of [DestinE Digital Twin Outputs] shall be abided by where applicable;
• any security limitations (as may be defined durint the DestinE lifetime) applicable to data and information used to generate [DestinE Digital Twin Outputs] shall be respected;
• protection against the risk of disruption of the system producing or making available [DestinE Digital Twin Outputs] shall be ensured.
• the protection of reliable access governed by the DestinE Access – Governance Guidelines [RD-1] to [DestinE Digital Twin Outputs] for European users shall be ensured

3. [DestinE Digital Twin Outputs] are provided without any express or implied warranty as regards their data quality, data accuracy, and suitability for any purpose.