Terms of Use

The Entity (duly represented by its legal representative/an authorized person)/the User is submitting information through Planet Holding Ltd, 2nd floor, Berkeley Square House, Berkeley Square, Mayfair, London, W1J 6BE – United Kingdom, +44 207 8874525, Email: info@planetsmartcity.com secure portal “Open.planetsmartcity.it” (or other Planet or partner domain) related to innovative ideas, projects, startups, companies, solutions, products (collectively referred to as the “Submission”). Planet Holding Ltd (Planet Holding Ltd and its subsidiaries and partners) will review each Submission through an internal in-depth review process.

The Entity/User agrees to the conditions below.

1. Non-confidential Submission

Only non-confidential information/documentation which does not breach any confidentiality obligations owed to others is included in the Submission and will be considered as non-confidential public information.

2. No obligation

Upon Submission, no contractual obligation or working relationship is being created between Planet Holding Ltd and partners and the Entity/User.

3. Further Discussion

3.1 The information submitted will not prevent any party from independently developing the same or similar expertise to any other party.

3.2 If Planet Holding Ltd and/or partners is interested in further discussions about the Submission, an Planet Holding Ltd and/or partners  representative will contact the Entity/User. All information disclosed by the Entity/User in such further discussions at a preliminary stage will also be non-confidential. If, in the future, both Planet Holding Ltd and/or partners  and the Entity/User decide to discuss confidential information, then they will sign a written confidentiality agreement.

4. Answer to the Submission

Planet Holding Ltd and/or partners will give the Entity/User a feedback about the Submission. However, Planet Holding Ltd and/or partners is not required to provide further explanations besides those previously given as feedback.

5. IP Rights

The Entity/User will rely solely on her/his intellectual property rights, such as any applicable patent, trademark, copyright and design registrations (collectively, “IP Rights“) to protect information/documentation included with the Submission.

5.1 The Entity/User understands that the protection for the information included in the Submission is limited to the scope of her/his IP Rights. The Entity/User understands that she/he must seek appropriate legal protection for her/his IP Rights (for example, filing a patent application or a trademark registration with appropriate government patent and trademark offices) before disclosing her/his ideas to anyone (including Planet Holding Ltd and/or partners or any other party) on a non-confidential basis, or she/he may risk losing the ability to protect her/his ideas with IP Rights according to applicable law.

5.2 If the Entity/User is a commercial supplier/vendor relying on expertise or tangible assets to provide unique services or capability, she/he will not disclose any confidential information pertaining to her/his expertise or tangible assets to Planet Holding Ltd and/or partners unless and until a formal confidentiality agreement is signed by both the Entity/User and PLANET HOLDING AND/OR PARTNERS ).

5.3 The Entity/User understands that a confidentiality agreement will not prevent any party from independently developing the same or similar expertise or physical assets and offering its services to any other party (including but not limited to Planet Holding Ltd and/or partners).

5.4 The Entity/User understands that obtaining IP Rights is the only way to legally prohibit another party from having rights to commercially use independently developed technology or capability.

5.5 If the User is an employee of Planet Holding Ltd and/or partners or its affiliates, it will be applied the law on employee inventions as required by local regulations.

6. No Grant of Rights to PLANET HOLDING AND/OR PARTNERS  

The Entity/User is not granting Planet Holding Ltd and/or partners any commercial rights to her/his IP Rights through the Submission.

7. No Return of Submission Materials

Planet Holding Ltd and/or partners will not have any obligation to return any materials (including, for example, drawings, photos, and prototype models) included in the Submission.

8. Representation of Age

The user acknowledges that Planet Holding Ltd and/or partners will only receive submissions from persons at least 18 years old and having reached the age of majority in their country of residence. By agreeing to these terms and considerations, she/he represents that she/he has such age requirements and has legal capacity according to the laws of the country of residence.

9. Representation of Ownership

The Entity/User is the owner of the Submission or an authorized representative of the owner of the Submission.

10. Terms of use

Planet Holding Ltd and/or partners may modify these terms of use at any time at its sole discretion.

11. Applicable Law

The website from which this regulation was downloaded (“Website”), these terms of use, and any Submission made pursuant to the Website is subject to the exclusive jurisdiction of the State of Italy, without regard to any principle of conflict or choice of laws that would cause the application of the laws of any other jurisdiction.

12. Subsequent Disclosures

Each of the above conditions applies to the materials included in the original Submission as well as to anything the Entity/User may later disclose to Planet Holding Ltd and/or partners, unless Planet Holding Ltd and/or partners and the Entity/User have reached a prior written agreement signed by an authorized representative of both the Entity/User and Planet Holding Ltd and/or partners.

13. Hosted challenges

If the Entity/User is submitting a Proposal to a Challenge, launched and entirely managed by a Third Party and hosted by Planet Holding Ltd and/or partners on open.planetsmartcity.it or other Planet and partner’s domains, the present Terms of Use will apply with the exception of articles 3.2, 4 and 12.

14. Liability

Without derogating from the generality of the above, Planet Holding Ltd and/or partners will not be liable for:

14.1 Any interruption, malfunction, downtime or other failure of the Website, our system, databases or any of its components, for whatever reason;

14.2 Any loss or damage with regard to Entity/User data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects;

14.3 Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;

14.4 Any event over which Planet Holding Ltd and/or partners has no direct control.