We are currently translating the "User Agreement", "Privacy Policy" and "Copyright Information". We would like to remind you that the contractual effects and every aspect of your relationship with Egomnia are governed by Italian law according to the Italian version of the document titled "Termini e Condizioni d'Uso", "Privacy" and "Informativa sul Copyright". Therefore, the English translation serves only as a courtesy document for our international users.
GENERAL TERMS AND CONDITIONS OF CONTRACT
BETWEEN EGOMNIA AND THE USER - NATURAL PERSON
INTRODUCTION: Egomnia.com is an online portal owned by the company Egomnia S.p.a. Legal Headquarters Via Angelo Bargoni, 8-78 - 00153 Rome (RM) - VAT number 11790971003, for the interaction between job and internship demand and supply.
1. General terms of use for EGOMNIA
The contractual clauses transcribed below (also referred to as "General Conditions" or "Contract") establish the terms and conditions governing the contractual agreement made between Egomnia S.p.a. Legal Headquarters Via Angelo Bargoni, 8-78 - 00153 Rome (RM), ITALY - VAT number 11790971003 (hereinafter simply referred to as "EGOMNIA" or "we", "our") and the users - individuals at the time of their registration with EGOMNIA.
This contractual agreement governs (among other things) the services and content (as further described below in paragraph A) provided by EGOMNIA, through its portal www.egomnia.com accessible via fixed and mobile networks (hereinafter, EGOMNIA or "the Site"), and the related methods and limits of use by registered users of EGOMNIA.
1. A. Purpose of EGOMNIA and services provided.
EGOMNIA is a portal whose business mission is to connect the world of academia with the job market, acting as a bridge of interaction between companies, graduates, and students. In addition to offering typical social network services, EGOMNIA provides an innovative method for companies to search for talent. The services available on EGOMNIA's website are designed to allow registered individuals not only to create groups for relationships and friendships, interacting like on a social network, but also to present themselves to the companies registered with EGOMNIA. EGOMNIA does not represent a job agency as defined by Article 4 of Legislative Decree No. 276 of September 10, 2003 (and subsequent amendments), as it only catalogs resumes of potential job seekers who have registered on our site, organizing and categorizing them by profiles and professional qualifications to create a database made available, in compliance with privacy regulations, to potential employers (companies and businesses) registered with EGOMNIA, as well as to other registered users, using modern telematic technologies. For the purposes mentioned above, the user - individual, by registering, consents and agrees that, in compliance with applicable privacy regulations, under this contractual agreement (clauses 1.l. and 1.b.), EGOMNIA may transfer their personal data to potential employers (including companies and businesses) registered with EGOMNIA, who are obliged to process such data in accordance with applicable privacy regulations. EGOMNIA does not handle the matching of job supply and demand, nor career guidance, nor the design and delivery of training activities aimed at job placement, nor recruitment activities, nor personnel search and selection. In particular, the activity carried out by EGOMNIA of ranking users' resumes does not occur based on a mandate from one or more companies and/or businesses, but is conducted based on objective parameters, the same for every user, with the aim of facilitating access to our database, the content of which is made available in compliance with applicable contractual privacy regulations, to potential employers (including companies and businesses) registered with EGOMNIA using modern telematic technologies. In addition to organizing the aforementioned database, EGOMNIA, through its portal, may offer services via applications created by third parties. We also reserve the right to offer on our portal, for registered users, services such as forums, blogs, pages, and groups, or options for sharing personal information via email or other social networks, or for making their resumes publicly visible, etc… EGOMNIA may, at its sole discretion, determine whether and which services to offer for free or for a fee, for a period determined at its discretion. Users (whether individuals or legal entities/businesses) hereby consent that, with their purchase of paid services, EGOMNIA may store information related to payment methods; they also accept the payment of all applicable fees and taxes, in addition to reimbursing EGOMNIA for any costs and expenses. Paid services are subject to this contract for any part not governed by specific additional conditions, which require explicit approval by the user.
1. B. Registration and conclusion of the contract
"Condition sine qua non" for access to the EGOMNIA portal and the use of its services is that the user registers on the site, acknowledging prior reading of the privacy policy, filling out the registration form with their accurate personal data, and fully authorizing EGOMNIA to process all their personal data. The User agrees that their personal data provided to Egomnia during registration or while using the services will be transferred and processed in Italy and subject to the applicable regulations there. Furthermore, an essential and indispensable condition for the user's registration with EGOMNIA is the explicit acceptance (pursuant to applicable law), which is realized by filling out the registration form and clicking the "REGISTER" button for each of the clauses contained in this contract, consisting of the Italian version of the following documents: (1) the clauses stating the general terms and conditions of use of EGOMNIA, (2) the declaration of approval of the clauses; (3) the EGOMNIA privacy policy; (4) the procedures for reporting content that violates industrial property and copyright rights and other illegal content; (5) brief information on the use of cookies. By "point and click" on the "REGISTER" button, which you acknowledge as your electronic signature, you declare that you have read and understood and wish to approve, as you indeed approve, all clauses related to this contract, also agreeing to be contractually bound to each provision of the same contract, thus becoming a "registered user of EGOMNIA." Your click on the "Register" button constitutes a request for registration with EGOMNIA and, therefore, a proposal to conclude the contract, which will be considered concluded only if and when EGOMNIA accepts your registration request. By submitting the Registration request to EGOMNIA, you acknowledge and accept that EGOMNIA, at its sole discretion, may not accept your registration request, without any obligation to provide reasons. The essential and indispensable conditions for concluding this contract and registering with EGOMNIA (subject to any derogatory power exclusively held by Egomnia) are: (1) being over 18 years of age; (2) not being subject to interdiction/inability; (3) possessing all the requirements established by applicable law under this agreement to conclude this contract; (4) not currently being suspended from services; (5) being enrolled in a degree program or holding one of the following legally recognized qualifications according to applicable law: degree (bachelor's, master's, or specialist); doctorate; specialization diploma; university master's degree at first and/or second level; or another qualification equivalent to the above.
1. C. Privacy
During the registration process, and before its completion, you will be presented with our Privacy Policy (which refers solely to the document drafted in Italian); we invite you to read this document carefully in its entirety. The User expressly consents that the processing of all personal and/or sensitive and/or identifying data provided by the User to EGOMNIA at the time of the registration request, or at a later time, will be carried out in compliance with the applicable privacy regulations under these contractual provisions, according to the methods set forth in the aforementioned Privacy Policy.
1.C.1. Consent to the processing of personal data for commercial, advertising, promotional, marketing, and electoral propaganda activities
By registering on the Site, the User voluntarily gives explicit consent, pursuant to and for the effects of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data, as well as the free movement of such data and repealing Directive 95/46/EC (hereinafter, General Data Protection Regulation), as well as Article 58, paragraph 1, Legislative Decree 206/2005, and Article 130 Legislative Decree 196/2003 (as applicable), to the processing, in accordance with the Privacy Policy, and without any compensation, of their personal data (as well as in relation to the purposes of the Site described in this agreement - and, in particular, in Article 1.A., titled "Purposes of EGOMNIA and services provided" - as well as in the Privacy Policy) within marketing, commercial, advertising, promotional, and electoral propaganda activities (and similar and/or related activities) carried out directly or indirectly by Egomnia, or by any controlling and/or controlled and/or affiliated companies, as well as by individuals or legal entities registered as "Users - Business" with Egomnia, in addition to those individuals or legal entities collaborating with Egomnia in commercial activities and/or having a contractual relationship for service provision with the latter (hereinafter simply referred to as "commercial partners"). The commercial, marketing, and promotional activities in which the User may be involved, without any compensation, include, by way of mere example and not exhaustive: - the insertion of advertising banners on the Egomnia portal; - involvement in events and activities or promotional events conducted by any entity among those indicated in the previous paragraph; - participation in market surveys and statistical research, conducted directly or indirectly by Egomnia, or by "commercial partners" or by affiliated or controlling companies, or by business users; - receiving, by any means (for example, e-mail, sms, mms, mail, phone, internet) information/communications, including commercial, promotional, and advertising content, from any European or non-European country; - receiving for the User, through any means (including, by way of mere example and not exhaustive, sms, mms, mail, phone, internet), communications sent by Egomnia concerning the Egomnia.com portal, including messages containing forms for registration on the portal. In connection with the conduct of the above-highlighted activities, Egomnia may, at its sole discretion, make available to "business users," as well as to its "commercial partners," or any affiliated and/or controlled and/or controlling companies, all data provided by the User, who expressly consents to such data sharing. The user gives explicit consent regarding the possibility that Egomnia catalogs in databases, accessible to "business users," as well as to Commercial Partners, the data provided by the User itself, according to the algorithms and/or criteria of cataloging discretionarily chosen by the data controllers for all the purposes outlined above. The provision of data is optional, based on its functionality concerning the purposes outlined in this contract.
1. Q. Data retention and transfer / assignment
1 - By requesting registration with EGOMNIA, you expressly acknowledge and grant EGOMNIA the full right to retain your personal and/or sensitive data and all information you provide, and you consent that, without any compensation in your favor, EGOMNIA, for the purposes indicated above and in compliance with applicable privacy regulations under these contractual provisions, makes your data and information available or transfers them to companies registered on the EGOMNIA portal or to other third parties, regardless of their legal form, nationality, the sector in which they operate, and their location; you also accept that the companies registered with EGOMNIA may contact you through our portal or via one or more contacts you provide through your account or through any other means; 2 - By requesting registration on the EGOMNIA portal, you also acknowledge that EGOMNIA has the full right to communicate and/or transfer your data and information to third parties whenever this is deemed necessary and/or appropriate, at EGOMNIA's sole discretion, including (by way of example) for compliance with mandatory provisions and/or authoritative measures, or to respond to third-party complaints and/or customer service, or for statistical and marketing purposes, or to execute this contract; this clause operates in addition to and in integration with what is established by the other clauses of this contract, particularly clauses 1.A, 1.C, 1.C.1, and 1.D.1., which remain valid. 3 - By requesting registration with EGOMNIA, you acknowledge and accept that by authorizing an application or an external site to connect to your EGOMNIA account, they may access your personal data; you also accept that we may receive information about you from such third parties, relating, by way of example, to your use of the services, the device you use to access the portal, and your Internet service provider. 4 - By requesting registration with EGOMNIA, you acknowledge and accept that the data and information you upload, exchange, and share on our portal may be viewed by other EGOMNIA users, and you accept that EGOMNIA is not responsible for any misuse and/or appropriation by third parties and/or other EGOMNIA users of your data and/or information uploaded to our portal: this liability exclusion clause operates under this contract (clause 1.F.7.) 5 - The user also acknowledges and accepts, from the moment of the registration request, that through search engines (such as, by way of mere example and not exclusive, Google, Virgilio, Yahoo, etc.), using search keys corresponding to their data such as name, surname, and email address, or others that EGOMNIA reserves the right to identify, the personal pages of each user on the EGOMNIA portal may be reachable and visible (even to non-registered users) . 6 - All clauses established in this section ("1.D. Retention and transfer/assignment of data"), as well as in sections 1.C. and 1.C.1. ("Privacy" and "Consent to the processing of personal data for commercial, advertising, promotional, marketing, and electoral propaganda activities") survive the deletion (by you or us) of your account from EGOMNIA and any termination and/or withdrawal and/or rescission of this contract.
1. E. Obligations contracted by the user upon registration and terms of use
1.E.1. By requesting registration with EGOMNIA, you, among other things, commit to:
a - to use all services provided by EGOMNIA in full compliance with all applicable legal provisions, including laws and acts having the force of law, regulations, customs, and practices, and in any case with conduct oriented towards the principles of correctness and transparency according to professional diligence standards; b - to strictly adhere to each of the clauses and/or provisions and/or procedures contained in every part of this contract as modified and/or supplemented unilaterally by EGOMNIA from time to time, regardless of receiving communication regarding said modifications/supplements; c - to provide accurate (as well as truthful) profile information and, as long as holding an account on EGOMNIA, to update it; d - to maintain only one account/profile at a time; e - not to publish and/or upload illegal, defamatory, obscene, or contrary to public decency content on EGOMNIA, or content that constitutes SPAM or "chain letters," or that is harmful or dangerous (such as viruses, worms, codes, files, or programs capable of interrupting or damaging the functionality of other software or hardware of EGOMNIA or EGOMNIA users); f - not to publish information outside the corresponding fields of the forms; g - not to create a profile for anyone who is not a natural or legal person; h - not to send unwanted and/or harassing communications through EGOMNIA to other natural or legal persons; i - not to invite people you do not know to join your contact network; l - not to create false identities and/or impersonate others or engage in conduct that generates confusion and/or misrepresentation regarding your personal identity and/or other qualities and qualifications. This prohibition includes, by way of example: using a pseudonym or someone else's name; uploading a profile picture depicting another person; self-attributing professional qualifications or degrees not possessed; presenting oneself as referenced or affiliated with EGOMNIA without such referencing or affiliation; m - not to upload confidential and/or secret and/or sensitive information that you do not have the right to disclose or make available in compliance with applicable law and/or under contractual relationships. This prohibition includes, by way of example: business information; trademarks, patents, industrial property in general; content covered by copyright; n - not to access another user's account without their explicit authorization; o - not to violate applicable privacy provisions and not to upload or collect personal and/or sensitive data of third parties without their explicit informed consent; p - not to sell or market your account, group, or other service of EGOMNIA; q - not to engage in (and not to participate in) networks aimed at selling or creating pyramid schemes, or similar practices; r - not to appropriate content owned by EGOMNIA or otherwise owned by third parties and uploaded to EGOMNIA: this clause survives the deletion (by you or us of your account) from EGOMNIA and any termination and/or withdrawal and/or rescission of this contract; s - not to perform disassembly, reverse engineering, decryption, decompilation, or other practices aimed at decoding the source code used by EGOMNIA, which remains the exclusive property of EGOMNIA; not to violate any security component of EGOMNIA; not to engage in "framing" or "mirroring" activities or to clone or simulate in any way the EGOMNIA site; not to damage EGOMNIA or interfere with the proper functioning of the portal: this prohibition also includes creating unreasonable loads on our infrastructure, damaging our servers, networks, and search algorithms or for ranking processing. This clause survives the deletion (by you or us of your account) from EGOMNIA and any termination and/or withdrawal and/or rescission of this contract; t - not to exploit data, information, and content accessed through EGOMNIA to provide competing services: this clause survives the deletion (by you or us of your account) from EGOMNIA and any termination and/or withdrawal and/or rescission of this contract; u - not to remove or obscure any kind of notices (including those related to copyright) or advertisements on EGOMNIA; v - to inform us of your obligation to act, under mandatory provisions, in contrast to this contract, in advance (at least 30 days prior) to committing such actions; z - to access the site only in the ways permitted, established by this contract (see 1. E. 2.)
1.E.2. Access to EGOMNIA
By requesting registration to EGOMNIA, you acknowledge and accept that access to EGOMNIA is only permitted via web browser or mobile device. By requesting registration to EGOMNIA, you acknowledge and accept that, under this agreement, access to EGOMNIA through technologies such as scraping, spidering, crawling, or similar methods, nor through bots or other automated methods to add, search, or upload contacts, or to transmit or forward messages or perform other activities, is not allowed. By requesting registration to EGOMNIA, you acknowledge and accept that all costs for internet connection necessary for access to EGOMNIA are solely your responsibility and depend solely on your telecommunications provider; this clause survives the cancellation (by you or us of your account) from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this agreement.
1. User waivers, liability disclaimers of EGOMNIA, and indemnification in favor of EGOMNIA
1 - By requesting registration with EGOMNIA, you accept all the calculation parameters that EGOMNIA uses for evaluating and estimating your professional skills, qualities, and education (the so-called ranking); therefore, regarding the processing and attribution to the calculation of the aforementioned ranking, and any other aspect in any way related or connected, by requesting registration with EGOMNIA, you expressly waive any claims, complaints, compensation requests, legal actions, and extrajudicial procedures against EGOMNIA (as well as its directors and employees); this waiver survives the cancellation (by you or us of your account) from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this 2 - By requesting registration with EGOMNIA, you acknowledge and accept that EGOMNIA, as well as its directors and employees, are in no way responsible for the meeting of job demand and supply and that, therefore, EGOMNIA and its directors and employees do not guarantee in any way that you will be contacted by registered companies or businesses, nor that you will be hired or placed with them; upon registration, you waive any complaints, compensation requests, legal actions, or extrajudicial procedures against EGOMNIA (as well as its directors and employees) concerning any matter related to the meeting of job demand and supply; this waiver survives the cancellation (by you or us of your account) from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract; 3 - By requesting registration with EGOMNIA, you acknowledge and accept that EGOMNIA, as well as its directors and employees, are not responsible: (1) for actions taken by each user through the services; (2) for data uploaded by users; (3) for the content of advertisements (including promotional) made by third parties; (4) for applications created by third parties and the content uploaded therein; (5) for the content of forums, blogs, pages, and groups present on our portal. This liability exclusion clause in favor of EGOMNIA includes, by way of example: (1) the truthfulness and correctness of the information provided by each user, which is entered directly by them without prior filtering by EGOMNIA, and regarding which (you, therefore, expressly acknowledge that) EGOMNIA and its directors and employees are in no way responsible and are not required to carry out any checks or verifications; (2) the data and content provided by users that are entered directly by them without prior filtering by EGOMNIA, and regarding which (you, therefore, expressly acknowledge that) EGOMNIA and its directors and employees are in no way responsible and are not required to carry out any checks or verifications; (3) the use of the services by other EGOMNIA users; (4) identity theft or any other unlawful use of your identity and information, regarding which EGOMNIA and its directors and employees are in no way responsible and are not required to carry out any checks, verifications, or preventive activities; (5) the content of advertisements uploaded by third parties on EGOMNIA; this liability exclusion clause operates pursuant to and for the effects of clause 7 of this section of this contract. 4 - By requesting registration with EGOMNIA, you acknowledge and accept that EGOMNIA, as well as its directors and employees: (1) are not responsible for the storage, potential loss, theft, or damage of the data you upload, and therefore, the risk of loss of the information you submit remains solely with you; (2) have no express or implied confidentiality obligation regarding the data, contributions, or content you upload or otherwise provide to EGOMNIA; (3) do not guarantee the operation, without interruptions or inconveniences, of the services provided by EGOMNIA; (4) are not responsible for any damages caused by service interruption or malfunction; (5) are not responsible for the platform applications and the actions of the platform developers. 5 - By requesting registration with EGOMNIA, you expressly waive any and all extrajudicial and/or legal actions and any complaints or compensation requests concerning the suspension and/or cancellation of your or another's account as well as the exercise of the right of withdrawal/termination by EGOMNIA. 6 - In any case, in addition to any other liability limitation and waiver clauses in this contract, by requesting registration with EGOMNIA, you expressly waive the right to take legal or extrajudicial action against EGOMNIA (as well as its directors and employees) to obtain the interruption or limitation of services, or to obtain the deletion, cancellation, or removal of content or advertisements from EGOMNIA, or for compensation for damages caused by third parties and/or other EGOMNIA users through the use of our services. 7 - All clauses limiting and/or excluding contractual powers, liability, as well as those waiving and indemnifying EGOMNIA, as well as its directors and employees under this contract: (1) operate regardless of the legal title invoked and the circumstance that EGOMNIA was, or could have been, aware of the potential existence of damages or violations of laws or this contract; (2) include the waiver by the registered user of EGOMNIA to raise any and all complaints, compensation requests, of any kind, as well as to promote legal or extrajudicial action against EGOMNIA (as well as its directors or employees); (3) survive the cancellation (by you or us) of your account from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract; (4) extend in favor of the directors, any affiliated companies, and employees of EGOMNIA. 8 - By requesting registration with EGOMNIA, you agree to indemnify and/or compensate EGOMNIA, as well as its directors and employees, for any form of liability that may arise under applicable law or that of your country or a third country, for your use of the services, or as a result of uploading data or content by you, or for the inaccuracy/falsity/lack of truthfulness of the information provided, or due to any of your conduct, in violation of this contract and/or in violation of laws, equivalent acts, regulations, authoritative orders. The clauses related to indemnification and compensation in favor of EGOMNIA, its directors, and employees survive the cancellation (by you or us) of your account from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract.
1.G.1. Powers, authorities, and rights of EGOMNIA
Unless otherwise specified in specific clauses, by submitting your registration, you grant EGOMNIA the following powers, rights, and privileges: a - EGOMNIA has the right at any time, in case of your violation (verified following a report), of any of the clauses of this contract or any applicable regulations, or in case of abuse or misuse of the services by you, to suspend and/or delete your account, as well as to terminate and/or withdraw from this contract, without the obligation to provide any justification; b - Given that on EGOMNIA registered users can, without any filter or prior control from us, enter their data and publish content, EGOMNIA is not obliged to check the content and data uploaded by users (with a related disclaimer of liability, as per section F of this contract); however, you accept and acknowledge that it is at EGOMNIA's discretion, at any time and in case of a report, to verify the truthfulness of the information you provided and to review the content of the data you uploaded and, in case of verified falsehood of the statements or contradiction of the content with the law or the provisions of this contract, to suspend and/or delete the account and/or request the correction of the data, and/or remove content at its sole discretion, without any justification or communication; c - Given that on EGOMNIA registered users can, without any filter or prior control from us, create groups, pages, blogs, or forums, EGOMNIA is not obliged to check the content and purposes of these (with a related disclaimer of liability, as per section F of this contract); however, you accept and acknowledge that it is at EGOMNIA's discretion, at any time and in case of a report, to proceed, at its sole discretion and without any obligation of justification or communication, to delete groups, pages, blogs, or forums, or to remove content uploaded to them that violate this contract or any applicable regulations. d - EGOMNIA reserves the right to allow third parties to insert advertisements on its site, as well as to allow third parties to carry out the activities described in this contract, particularly in clauses 1.A., 1.C., 1.C.1., and 1.D.; e - EGOMNIA has the right to limit the number of users connected to you and may, under certain circumstances, at its sole discretion, prohibit you from contacting other users or impose further limitations on your access to the services; f - EGOMNIA has the irrevocable right, without any compensation of any kind in your favor, to store, copy, publish, analyze, modify, and market any content, data, contribution, or suggestion you uploaded or sent on/through our portal, with the right to prepare derivative works from it; therefore, you, correspondingly, waive any claim or right over the content you uploaded: this waiver operates, therefore, according to the modalities established in this contract (clause 1.F. 7.); g - EGOMNIA has the right, at any time, to interrupt the services for maintenance or other technical reasons, and to refuse access to its portal; h - EGOMNIA has the right to unilaterally modify, with a novative effect, the clauses of this contract, including the price of the services; such modifications take effect at the time of their communication, as established by clause 1. H. 1. of this contract. i - EGOMNIA has the right to assign this contract to third parties and to substitute a third party for itself in some or all of the relationships arising from the same contract, according to the applicable contractual regulations, without any obligation of communication and without the need for your consent.
1.G.2. Industrial and intellectual property rights
All intellectual and industrial property rights of all trademarks, domain names (including the domain https://www.egomnia.com), company names, business names, signs, graphics, layouts, and graphic symbols of this portal (including buttons, icons, forms, logos), slogans used, as well as any other distinctive signs appearing on the Site, and any other content present on the portal (for example, videos, audio, images, texts), as well as the codes, software, search algorithms, ranking processing, and data in general, concerning the Site itself, are the exclusive property of Egomnia and/or Matteo Achilli, excluding trademarks and domain names, company names, business names, and signs owned by business users and "Commercial Partners," whose ownership remains with them. All content of the Site (including, but not limited to: texts, logos, slogans, graphics, images, videos, audio reproductions, databases, graphs and tables, drawings) is protected under the applicable laws regarding industrial property and copyright, with explicit recognition from you and a prohibition for anyone without ownership rights on the same content to copy, reproduce, extract, and reuse it in any form (including as metatags or HTML language and/or commands suitable for achieving similar purposes). Among the prohibitions applicable to Users is the use of the information and materials contained on the Site for commercial purposes; this prohibition also includes, by way of example, the exclusion of the ability for anyone other than Egomnia to create databases with the content of the Site for any purpose (except for the rights granted to third parties, as per this contract, and in particular clauses 1.A., 1.C., 1.C.1, 1.D).
1. H. Communications
By submitting your registration request, you acknowledge and accept that: - all communications directed to you by EGOMNIA will occur through the placement of a banner notice on the EGOMNIA website pages, or by sending to the email address associated with your account; communications will not be directed to other contacts. Such communications are considered known and accepted by you at the time of the banner placement on the EGOMNIA portal, or the sending of the email. - You, however, consent that EGOMNIA may, without obligation, communicate with you via your account, email, phone (landline and mobile), postal services; - Communications to EGOMNIA can be sent through our website, or to the following address, where EGOMNIA also elects domicile for legal purposes:
EGOMNIA S.p.a Via Angelo Bargoni, 8-78 00153 Roma (RM) - ITALIA
1. I. Interpretation of the contract
By submitting the registration request to EGOMNIA, you acknowledge and accept that the relationship between you and EGOMNIA, in every aspect, shall be governed solely and exclusively by the Italian version of this contract (as described in clause 1. B.), and any other additional documents related to the terms of service, also in the Italian version, which replace any prior agreements; consequently, versions in other languages of this contract shall be understood as "courtesy" translations, provided merely for the user's convenience, without any validity to regulate the contractual relationships between the parties or to affect existing relationships.
1. L. Applicable regulations
The User, by signing this contract, acknowledges and agrees that the entire contractual relationship, in every aspect and for every related or attributable profile, as well as any related action and/or dispute, will be fully and exclusively governed, by virtue of this consensual agreement between the parties, by the laws in force in the legal system of the Italian Republic ("applicable law"), regardless of the parties' country of origin or from which they access our portal, and with the absolute exclusion of any other legal and/or regulatory provisions established by a legal system other than the Italian one.
1. M. Exclusive forum
Under this contract, the contracting parties jointly establish and agree that all claims and disputes related to or connected in any way to this contract shall be subject to the exclusive jurisdiction of Italy and, in this regard, to the exclusive competence of the Court of Milan (Italy)
1. N. Right of mutual withdrawal
1 - You can withdraw from this contract at any time by sending us a notice according to the methods established in the contract itself (Section 1. H.); 2 - EGOMNIA can withdraw from this contract at any time by notifying according to the methods established in the contract itself (Section 1. H.); 3 - Following the withdrawal, your account will be deactivated, resulting in the disabling of your access to EGOMNIA and the use of services. 4 - Surviving the withdrawal from this contract, in addition to the clauses expressly provided for, are all the clauses stating: (1) waivers and acknowledgments in favor of EGOMNIA; (2) exclusion/limitation of liability in favor of EGOMNIA; (3) indemnity/compensation in favor of EGOMNIA; (4) the retention/transfer and processing of personal data; (5) the powers, authorities, and rights of EGOMNIA; (6) the methods for communications; (7) the interpretation of the contract; (8) the applicable law; (9) the exclusive jurisdiction.
2. APPROVAL OF THE CLAUSES
Pursuant to and for the effects of Articles 1341 and 1342 of the Civil Code, by registering, you declare that you have read and expressly accept each of the following clauses: 1. A. Purpose of EGOMNIA and services provided. 1. C. Privacy 1.C.1. Consent to the processing of personal data for commercial, advertising, promotional, marketing, and electoral propaganda activities 1. D. Retention and transfer / assignment of data: 1.D.4. Right of Egomnia to retain and transfer / assign data and corresponding liability waiver clause in favor of Egomnia regarding misuse and/or appropriation by third parties and/or other users of EGOMNIA of its data and/or information uploaded to our portal 1.D.6. Survival of the clauses in section 1.D. upon termination of the contract; 1.E.1.t. Exclusion of the user's ability to exploit data, information, and content accessed through EGOMNIA to provide competing services with EGOMNIA 1.F. Waivers by the user, liability waivers of EGOMNIA, and indemnification in favor of EGOMNIA: 1.F.1. User's waiver of raising exceptions and claims regarding the so-called "ranking"; 1.F.2. User's acknowledgment of exclusion of liability for Egomnia regarding the meeting of job demand and supply; 1.F.3. Exclusion of liability for Egomnia regarding portal content; 1.F.4. Exclusion of liability in favor of Egomnia regarding service interruption and loss / destruction of data; 1.F.5. Waiver of raising exceptions and claims related to account deletion and/or suspension from services; 1.F.6. Waiver of raising exceptions and claims to obtain the interruption or limitation of services, the deletion, cancellation, or removal of content or advertising from the portal, or for damages caused by third parties and/or other users of EGOMNIA through the use of services. 1.F.7. Extension of the clauses of limitation and/or exclusion of liability and waiver in favor of EGOMNIA; 1.F.8. Indemnity and/or compensation clause in favor of Egomnia; 1.G.1. Powers, authorities, and rights of EGOMNIA: 1.G.1.a. Egomnia's authority to suspend, limit, and delete the account and to terminate the contract in case of user violation of its regulatory and/or contractual obligations; 1.G.1.b. Egomnia's authority to suspend and/or delete the account and/or request data correction, and/or remove content at its sole discretion; 1.G.1.c. Egomnia's authority to proceed with the deletion of groups, pages, blogs, or forums, or the removal of content uploaded to them, that violate this contract or applicable regulations; 1.G.1.f. User's waiver of any claim or right over the content uploaded by them on the Egomnia portal; 1.G.1.g. Egomnia's authority, at any time, to interrupt services for maintenance or other technical reasons, and to refuse access to its portal; 1.G.1.h. right to change in favor of Egomnia; 1.G.1.i. Egomnia's authority to assign the contract 1.I. Interpretation of the contract 1.L. Applicable law 1.M. Exclusive jurisdiction 1.N. Mutual right of withdrawal
GENERAL TERMS AND CONDITIONS OF CONTRACT
BETWEEN EGOMNIA AND THE USER - COMPANY
INTRODUCTION:
Egomnia.com is an online portal owned by the company Egomnia S.p.a. Legal Headquarters Via Angelo Bargoni, 8-78 - 00153 Rome (RM) - VAT number 11790971003, for the interaction between job and internship demand and supply.
1. General terms of use of EGOMNIA
The contractual clauses transcribed below (also referred to as "General Conditions" or "Contract") establish the terms and conditions governing the contractual agreement made between Egomnia S.p.a. Legal Headquarters Via Angelo Bargoni, 8-78 - 00153 Rome (RM), ITALY - VAT number 11790971003 (hereinafter simply referred to as "EGOMNIA" or "we", "our") and the users - individuals at the time of their registration with EGOMNIA.
This contractual agreement governs (among other things) the services and content (as further described below in paragraph A) provided by EGOMNIA, through its portal www.egomnia.com accessible via fixed and mobile networks (hereinafter, EGOMNIA or "the Site"), and the related methods and limits of use by registered users of EGOMNIA.
1.A.1 Purpose of EGOMNIA and services provided.
EGOMNIA is a portal whose business mission is to connect the world of academia with the job market, acting as a bridge of interaction between companies, graduates, and students. In addition to offering typical social network services, EGOMNIA provides an innovative method for companies to search for talent. The services available on EGOMNIA's website are designed to allow registered individuals not only to create groups for relationships and friendships, interacting like on a social network, but also to present themselves to the companies registered with EGOMNIA. EGOMNIA does not represent a job agency as defined by Article 4 of Legislative Decree No. 276 of September 10, 2003 (and subsequent amendments), as it only catalogs resumes of potential job seekers who have registered on our site, organizing and categorizing them by profiles and professional qualifications to create a database made available, in compliance with privacy regulations, to potential employers (companies and businesses) registered with EGOMNIA, as well as to other registered users, using modern telematic technologies. For the purposes mentioned above, the user - individual, by registering, consents and agrees that, in compliance with applicable privacy regulations, under this contractual agreement (clauses 1.l. and 1.b.), EGOMNIA may transfer their personal data to potential employers (including companies and businesses) registered with EGOMNIA, who are obliged to process such data in accordance with applicable privacy regulations. EGOMNIA does not handle the matching of job supply and demand, nor career guidance, nor the design and delivery of training activities aimed at job placement, nor recruitment activities, nor personnel search and selection. In particular, the activity carried out by EGOMNIA of ranking users' resumes does not occur based on a mandate from one or more companies and/or businesses, but is conducted based on objective parameters, the same for every user, with the aim of facilitating access to our database, the content of which is made available in compliance with applicable contractual privacy regulations, to potential employers (including companies and businesses) registered with EGOMNIA using modern telematic technologies. In addition to organizing the aforementioned database, EGOMNIA, through its portal, may offer services via applications created by third parties. We also reserve the right to offer on our portal, for registered users, services such as forums, blogs, pages, and groups, or options for sharing personal information via email or other social networks, or for making their resumes publicly visible, etc… EGOMNIA may, at its sole discretion, determine whether and which services to offer for free or for a fee, for a period determined at its discretion. Users (whether individuals or legal entities/businesses) hereby consent that, with their purchase of paid services, EGOMNIA may store information related to payment methods; they also accept the payment of all applicable fees and taxes, in addition to reimbursing EGOMNIA for any costs and expenses. Paid services are subject to this contract for any part not governed by specific additional conditions, which require explicit approval by the user.
1.A.2. Additional services available to users - business
In addition to providing access to the resumes in the database of registered users and the related search engine, Egomnia offers business users services such as: (1) the ability to publish ads; (2) promotion of the corporate brand (through advertising activities for products/events/services towards individual users or other business users); (3) the ability to post on Egomnia's bulletin board; (4) the ability to enhance visibility in the business section; all in the ways and forms specified in the specific conditions related to the purchase of services.
1.A.3. Fees for services and payment methods
All services provided by Egomnia to business users (including access and search in the database, as well as what is described in section 1.A.2. and any other service possibly arranged by Egomnia) are paid (so-called "premium services"); the fee due from business users to Egomnia for the use of the services, as well as the duration and other conditions of use, will be established by Egomnia for each service and communicated through specific notices (pursuant to section 1.H), and may be subject to change by Egomnia (with prior notice always according to the aforementioned section 1.H.). Regarding the purchase methods for "premium" services, the User may purchase "points" (so-called "Egomoney") from time to time (by making the relevant payments via "bank transfer" or Paypal) that will be spent to activate the chosen services. Billing will occur at the moment the user purchases "Egomoney".
1. B. Registration and conclusion of the contract
"Condition sine qua non" for access to the EGOMNIA portal and the use of its services is that the user registers on the site, acknowledging prior reading of the privacy policy, filling out the registration form with their accurate personal data, and fully authorizing EGOMNIA to process all their personal data. The User agrees that their personal data provided to Egomnia during registration or while using the services will be transferred and processed in Italy and subject to the applicable regulations there. Furthermore, an essential and indispensable condition for the user's registration with EGOMNIA is the explicit acceptance (pursuant to applicable law), which is realized by filling out the registration form and clicking the "REGISTER" button for each of the clauses contained in this contract, consisting of the Italian version of the following documents: (1) the clauses stating the general terms and conditions of use of EGOMNIA, (2) the declaration of approval of the clauses; (3) the EGOMNIA privacy policy; (4) the procedures for reporting content that violates industrial property and copyright rights and other illegal content; (5) brief information on the use of cookies. By "point and click" on the "REGISTER" button, which you acknowledge as your electronic signature, you declare that you have read and understood and wish to approve, as you indeed approve, all clauses related to this contract, also agreeing to be contractually bound to each provision of the same contract, thus becoming a "registered user of EGOMNIA." Your click on the "Register" button constitutes a request for registration with EGOMNIA and, therefore, a proposal to conclude the contract, which will be considered concluded only if and when EGOMNIA accepts your registration request. By submitting the Registration request to EGOMNIA, you acknowledge and accept that EGOMNIA, at its sole discretion, may not accept your registration request, without any obligation to provide reasons. The essential and indispensable conditions for concluding this contract and registering with EGOMNIA (subject to any derogatory power exclusively held by Egomnia) are: (1) being over 18 years of age; (2) not being subject to interdiction/inability; (3) possessing all the requirements established by applicable law under this agreement to conclude this contract; (4) not currently being suspended from services; (5) being enrolled in a degree program or holding one of the following legally recognized qualifications according to applicable law: degree (bachelor's, master's, or specialist); doctorate; specialization diploma; university master's degree at first and/or second level; or another qualification equivalent to the above.
1. B. Registration and conclusion of the contract
"Condition sine qua non" for access to the EGOMNIA portal and the use of its services is that the user registers on the site, acknowledging prior reading of the privacy policy, filling out the registration form with their accurate personal data, completely, and expressly authorizing EGOMNIA to process all their personal data. The User agrees that their personal data, provided to Egomnia during registration or while using the services offered, will be transferred and processed in Italy and subject to the applicable regulations there. Furthermore, an essential and indispensable condition for the user's registration with EGOMNIA is the explicit acceptance (under applicable law), which is realized by completing the registration form and clicking the "REGISTER" button on each of the clauses contained in this contract, consisting of the Italian version of the following documents: (1) the clauses stating the general terms and conditions of use of EGOMNIA, (2) the declaration of approval of the clauses; (3) EGOMNIA's privacy policy; (4) the procedures for reporting content that violates industrial and copyright rights and other illegal content; (5) Brief information on the use of cookies. By "point and click" on the "REGISTER" button, which you acknowledge as your electronic signature, you declare that you have read and understood and wish to approve, as you indeed approve, all clauses related to this contract, also agreeing to be contractually bound by each provision of the same contract, thus becoming a "registered user of EGOMNIA." Your click on the "Register" button constitutes a request from you for registration with EGOMNIA and, therefore, a proposal to conclude the contract, which will be considered concluded only and exclusively if and when EGOMNIA accepts your registration request. By submitting the Registration request to EGOMNIA, you acknowledge and accept that EGOMNIA, at its sole discretion, may not accept your registration request, without any obligation to provide any reason. The essential and indispensable conditions for concluding this contract and registering with EGOMNIA (without prejudice to any derogatory power solely vested in Egomnia) are: (1) being over 18 years of age; (2) not being subject to interdiction/inability; (3) possessing all the requirements established by the applicable regulations under this agreement to conclude this contract; (4) not currently being suspended from services; (5) being enrolled in a degree program or holding one of the following legally recognized qualifications according to applicable regulations: degree (bachelor's, master's, or specialist); doctoral degree; specialization diploma; university master's degree of first and/or second level; or another qualification equivalent to the above.
1.B.1 Representation of the company
At the time of registering the Company, you certify, assuming all related responsibility, that you are the legal representative and/or authorized/delegated to sign this contract aimed at registering the Company with EGOMNIA. You, at the time of the registration request for the Company, contractually bind yourself to indemnify and/or hold EGOMNIA harmless for any and all acts, facts, or actions proposed against EGOMNIA, or otherwise unfavorable to it, resulting from any falsehood in your certification regarding your authorization for the Company's registration (this indemnity clause operates under this contract, clause 1. F. 8). EGOMNIA is not required to verify your authorization for the Company's registration; however, it reserves the right to conduct appropriate checks at any time. In the event of false representation of the Company, all contractual clauses of this contract shall apply to the false representative, without prejudice to our right to proceed with account cancellation and termination of this contract.
1. C. Privacy
During the registration process, and before its completion, you will be presented with our Privacy Policy: We invite you to read this document carefully in its entirety. The processing of all personal and/or sensitive and/or identifying data of the individual - entrepreneur or the legal representative of the Company, provided to EGOMNIA at the time of the registration request, or at a later time, will be carried out in compliance with the applicable privacy regulations, according to the methods established by the aforementioned Policy (to be understood exclusively as a document drafted in the Italian language).
1.C.1. Obligation to process personal data of users - natural persons
By registering with EGOMNIA, the Company acknowledges and accepts that EGOMNIA provides access to a database (of user resumes - registered individuals) subject to the agreed fees and contractual terms, obligating the Company to process the personal data thus acquired, in accordance with and in the manner of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, regarding the protection of individuals concerning the processing of personal data, as well as the free movement of such data, and repealing Directive 95/46/EC (hereinafter, General Data Protection Regulation), as well as applicable privacy legislation. Similar obligations apply to the Company concerning the personal data of users that may be provided to the Company for any reason in relation to this contractual relationship. The Company also commits to applying the privacy laws of the foreign state that has jurisdiction over the Company or the activities carried out by the Company, only if such privacy laws are more favorable to the data subject than the laws applicable under this contract.
1.C.2. Consent to the processing of personal data for commercial, advertising, promotional, marketing, and electoral propaganda activities
The Business User, by registering on the Site, which is voluntary, gives explicit consent, pursuant to and for the effects of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data, as well as the free movement of such data and repealing Directive 95/46/EC (hereinafter, General Data Protection Regulation), as well as Article 58, paragraph 1, Legislative Decree 206/2005, and Article 130 Legislative Decree 196/2003 (as applicable), to the processing, in accordance with the Privacy Policy, and without any compensation, of their corporate and/or personal data (as well as in relation to the purposes of the Site described in this agreement - and, in particular, Article 1.A., titled "Purposes of EGOMNIA and services provided" - as well as in the Privacy Policy) within marketing, commercial, advertising, promotional, and electoral propaganda activities (and similar and/or related activities) carried out directly or indirectly by Egomnia, or by any controlling and/or controlled and/or affiliated companies, as well as by other natural or legal persons registered as "Users - Business" with Egomnia, in addition to those natural or legal persons collaborating with Egomnia in commercial activities and/or having a contractual service relationship with it (hereinafter simply referred to as "commercial partners"). The commercial, marketing, and promotional activities in which the User may be involved, without any compensation, include, by way of example and not exhaustively: - the insertion of advertising banners on the Egomnia portal; - involvement in events and activities or promotional events carried out by any of the subjects mentioned in the previous paragraph; - participation in market surveys and statistical research, carried out directly or indirectly by Egomnia, or by "commercial partners" or by affiliated or controlling companies, or by other business users; - receiving, by any means (for example, e-mail, sms, mms, mail, phone, internet) information/communications, including commercial, promotional, and advertising content, from any European or non-European country; - receiving for the User, through any means (including, by way of example and not exhaustively, sms, mms, mail, phone, internet), communications sent by Egomnia regarding the Egomnia.com portal, including messages containing forms for registration on the portal. In connection with the conduct of the above-highlighted activities, Egomnia may, at its sole discretion, make available to other "business users," as well as to its "commercial partners," or any affiliated and/or controlled and/or controlling companies, all data provided by the User, who gives, for this purpose, their explicit consent to such data sharing. The user gives explicit consent regarding the possibility that Egomnia catalogs in databases, accessible to other "business users," as well as to Commercial Partners, the data provided by the User itself, according to the algorithms and/or criteria of cataloging discretionarily chosen by the data controllers for all the purposes outlined above. The provision of data is optional, based on its functionality concerning the purposes stated in this contract.
1. Q. Data retention and transfer / assignment
1 - By requesting registration with EGOMNIA, the user - Company expressly acknowledges and grants EGOMNIA the full right to retain all provided information, including its corporate information, as well as the personal data of the individual entrepreneur and/or the legal representative and/or agent and/or delegate of the Company, in accordance with the contractually established methods and in compliance with applicable privacy regulations under these contractual provisions. It also consents that, without any compensation in its favor, EGOMNIA, for the aforementioned purposes and in compliance with applicable privacy regulations, may make the Company's data and information available to other registered users and third parties. 2 - By requesting registration with EGOMNIA, the Company also acknowledges that EGOMNIA has the full right to communicate and/or transfer its personal and/or corporate data and information to third parties whenever deemed necessary and/or appropriate at our sole discretion, including (by way of example) for compliance with mandatory provisions and/or authoritative measures, or to respond to third-party complaints and/or customer service, or for statistical and marketing purposes, or to execute this contract. This clause operates in addition to and as a supplement to what is established by the other clauses of this contract, particularly clauses 1.A, 1.C, 1.C.1, 1.C.2, and 1.D.1, which remain valid. 3 - By requesting registration with EGOMNIA, the Company acknowledges and accepts that by authorizing an application or an external site to connect with its account, they may access personal or corporate data. The Company also accepts that it will be informed by such third parties about information related, by way of example, to the use of services, the device used to access the portal, and the Internet service provider. 4 - By requesting registration with EGOMNIA, the Company acknowledges and accepts that the data and information it uploads, exchanges, and shares on our portal may be viewed by other EGOMNIA users and accepts that EGOMNIA is not responsible for any misuse and/or appropriation by third parties and/or other users of its data and/or information uploaded to our portal: this liability exclusion clause operates under this contract (clause 1.F.7.). 5 - All clauses established in this section ("1.D. Data retention and transfer/assignment") survive the deletion (by the Company or by us) of the account, by EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract.
1. E. Obligations contracted by the user-business upon registration and terms of use
1.E.1. By requesting registration with EGOMNIA, you, among other things, commit to:
a - to use all services provided by EGOMNIA in full compliance with all applicable legal provisions, including laws and acts having the force of law, regulations, customs, and practices, and in any case with conduct oriented towards the principles of correctness and transparency according to professional diligence standards; b - to strictly adhere to each of the clauses and/or provisions and/or procedures contained in every part of this contract as modified and/or supplemented unilaterally by EGOMNIA from time to time, regardless of receiving communication regarding said modifications/supplements; c - to provide accurate (as well as truthful) profile information and, as long as holding an account on EGOMNIA, to update it; d - to maintain only one account/profile at a time; e - not to publish and/or upload illegal, defamatory, obscene, or contrary to public decency content on EGOMNIA, or that constitutes SPAM or "chain letters," or that is harmful or dangerous (such as viruses, worms, codes, files, or programs capable of interrupting or damaging the functionality of other software or hardware of EGOMNIA or EGOMNIA users); f - not to publish information outside the corresponding fields of the forms; g - not to create a profile for anyone who is not a natural or legal person; h - not to send unwanted and/or harassing communications through EGOMNIA to other natural or legal persons; i - not to invite people you do not know to join your contact network; l - not to create false identities and/or impersonate others or engage in conduct that may cause confusion and/or misrepresentation regarding your personal identity and/or other qualities and qualifications. This prohibition includes, by way of example: using a pseudonym or someone else's name; uploading a profile picture depicting another person or someone else's logo or trademark; self-attributing professional qualifications or degrees not possessed; presenting oneself as referenced or affiliated with EGOMNIA without actual referencing or affiliation; m - not to upload confidential and/or secret and/or sensitive information that you do not have the right to disclose or make available in accordance with applicable law and/or contractual relationships. This prohibition includes, by way of example: business information; trademarks, patents, industrial property in general; content protected by copyright; n - not to access another user's account without their explicit authorization; o - not to violate applicable privacy provisions and not to upload or collect personal and/or sensitive data of third parties, in the absence of explicit informed consent from them; personal data processing activities by the user - business related to the activities and services of this contract remain unaffected. p - not to sell or market your account, group, or other EGOMNIA service; q - not to engage in (or participate in) networks aimed at selling or creating pyramid schemes, or similar practices; r - not to appropriate EGOMNIA's proprietary content or that of third parties uploaded to EGOMNIA; this clause survives the deletion (by you or us of your account) from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract; s - not to perform disassembly, reverse engineering, decryption, decompilation, or other practices aimed at decoding the source code used by EGOMNIA, which remains the exclusive property of EGOMNIA; not to violate any security component of EGOMNIA; not to engage in "framing" or "mirroring" or cloning or simulating in any way the EGOMNIA site; not to damage EGOMNIA or interfere with the proper functioning of the portal; this prohibition also includes creating unreasonable loads on our infrastructure, damaging our servers, networks, and search algorithms or for ranking processing. This clause survives the deletion (by you or us of your account) from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract; t - not to exploit data, information, and content accessed through EGOMNIA to provide competing services with EGOMNIA; this clause survives the deletion (by you or us of your account) from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract; u - not to remove or obscure any kind of notices (including those related to copyright) or advertisements on EGOMNIA; v - to inform us of your obligation to act, under mandatory provisions, in contrast to this contract, in advance (at least 30 days before) before committing such actions; z - to access the site only in the ways permitted, established by this contract (see 1. E. 2.)
1.E.2. Access to EGOMNIA
By requesting registration to EGOMNIA, the business user acknowledges and agrees that access to EGOMNIA is only permitted via web browser or mobile device. By requesting registration to EGOMNIA, the business user also acknowledges and agrees that, under this contract, access to EGOMNIA through technologies such as scraping, spidering, crawling, or similar methods, nor through bots or other automated methods to add, search, or upload contacts, or to transmit or forward messages or perform other activities, is not permitted. By requesting registration to EGOMNIA, the business user acknowledges and agrees that all costs for internet connection necessary for access to EGOMNIA are solely their responsibility and depend exclusively on their telecommunications provider; this clause survives the cancellation (by you or us of your account) from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract;
1. User waivers - Company, liability release clauses of EGOMNIA and indemnity in favor of EGOMNIA
1 - By requesting registration with EGOMNIA, the Company accepts all the calculation parameters that EGOMNIA uses for the evaluation and estimation of users' skills, professional qualities, and education (the so-called ranking); therefore, regarding the processing, attribution, and calculation of the aforementioned ranking, and any other related aspect, the Company, by requesting registration with EGOMNIA, expressly waives any claims, grievances, compensation requests, legal actions, and extrajudicial procedures against EGOMNIA (as well as its administrators and employees); this waiver survives the cancellation (by the Company or by us) of the account from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract; 2 - The Company, upon registration, acknowledges and accepts that EGOMNIA is in no way responsible for the meeting of job demand and supply and, therefore, waives any grievances, compensation requests, legal actions, or extrajudicial procedures against EGOMNIA concerning any issue related to the meeting of job demand and supply; this waiver survives the cancellation (by the Company or by us) of the account from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract; 3 - The Company, by requesting registration with EGOMNIA, acknowledges and accepts that EGOMNIA (as well as its administrators and employees) is not responsible: (1) for what each user does through the services; (2) for the data uploaded by users; (3) for the content of advertisements (including promotional ones) made by third parties; (4) for applications created by third parties and the content uploaded therein; (5) for the content of forums, blogs, pages, and groups present on our portal. This liability exclusion clause in favor of EGOMNIA includes, by way of example and not limitation: (1) the truthfulness and correctness of the information provided by each user, which is entered directly by them without prior filtering by us, and regarding which (the Company, therefore, acknowledges that) EGOMNIA (as well as its administrators and employees) is not responsible in any way and is not obliged to carry out any checks or verifications; (2) the data and content provided by users that are entered directly by them without prior filtering by us, and regarding which (the Company, therefore, acknowledges that) EGOMNIA (as well as its administrators and employees) is not responsible in any way and is not obliged to carry out any checks or verifications; (3) the use of the services by other users; (4) identity theft or any other unlawful use of identity and information, regarding which EGOMNIA (as well as its administrators and employees) is not responsible in any way and is not obliged to carry out any checks, verifications, or preventive activities; (5) the content of advertisements uploaded by third parties on our portal. This liability exclusion clause operates pursuant to and for the effects of clause 7 of this section of this contract. 4 - The Company, by requesting registration with EGOMNIA, acknowledges and accepts that EGOMNIA, as well as its administrators and employees: (1) are not responsible for the storage, potential loss, theft, or damage of the data uploaded by the Company, and therefore, the risk of loss of the information submitted to us remains solely with the Company; (2) have no express or implied confidentiality obligation regarding the data, contributions, or content uploaded or otherwise provided to EGOMNIA; (3) do not guarantee the operation, without interruptions or inconveniences, of the services provided by EGOMNIA; (4) are not responsible for any damages caused by service interruption or malfunction; (5) are not responsible for the platform applications and the actions of the platform developers. 5 - The Company, by requesting registration with EGOMNIA, expressly waives the right to exercise any and all extrajudicial and/or legal actions and to raise any grievances or compensation requests concerning the suspension and/or cancellation of its or another's account as well as the exercise of the right of withdrawal/termination by EGOMNIA. 6 - In any case, in addition to any other liability limitation and waiver clauses in this contract, the Company, by requesting registration with EGOMNIA, expressly waives the right to take legal or extrajudicial action against EGOMNIA (as well as its administrators and employees) to obtain the interruption or limitation of services, or to obtain the deletion, cancellation, or removal of content or advertisements from EGOMNIA, or for compensation for damages caused by third parties and/or other EGOMNIA users through the use of our services. 7 - All clauses limiting and/or excluding contractual powers, liability, as well as those waiving and indemnifying EGOMNIA in this contract: (1) operate regardless of the legal title invoked and the circumstance that EGOMNIA was, or could have been, aware of the potential existence of damages or violations of laws or this contract; (2) include the waiver by the registered user of EGOMNIA to raise any grievances, compensation requests, as well as to promote legal or extrajudicial action against EGOMNIA (as well as its administrators or employees); (3) survive the cancellation (by the Company or by us) of the account from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract; (4) extend in favor of the administrators, any affiliated companies, and employees of EGOMNIA. It is acknowledged that, in determining the compensation for the services, these liability limitation and/or exclusion clauses, waivers, and indemnities in favor of EGOMNIA are taken into account. 8 - The Company, by requesting registration with EGOMNIA, agrees to indemnify and/or compensate EGOMNIA for any form of liability that may arise under applicable law or that of its country or a third country, for its use of the services, or as a result of uploading data or content (including, by way of example and not limitation, those of an advertising, marketing, electoral propaganda nature, etc.), by itself, or for the inaccuracy/falsity/lack of truthfulness of the information provided, or due to any of its conduct, in violation of this contract and/or in violation of laws, equivalent acts, regulations, authoritative orders. The clauses related to indemnity and compensation in favor of EGOMNIA survive the cancellation (by the Company or by us) of the account from EGOMNIA and any potential termination and/or withdrawal and/or rescission of this contract.
1.G.1. Powers, authorities, and rights of EGOMNIA
Unless specified otherwise in specific clauses, the user - business acknowledges, with their registration request, the following powers, rights, and privileges to EGOMNIA: a - EGOMNIA has the right at any time, in case of violation by the user business (verified following a report), of any of the clauses of this contract or applicable regulations, or in case of abuse or misuse of the services by the user, to suspend and/or delete the account, as well as terminate and/or withdraw from this contract, without the obligation to provide any justification; b - given that on EGOMNIA users can, without any filter or possibility of prior control by us, enter their data and publish content, EGOMNIA is not obliged to perform any checks on the content and data uploaded by users (with a corresponding liability exclusion clause, as per section F of this contract); however, the user business accepts and acknowledges that it is at EGOMNIA's discretion, at any time and in case of a report, to verify the accuracy of the information provided and assess the content of the uploaded data, and in case of proven false statements or content contrary to the law or the provisions of this contract, to suspend and/or delete the account and/or request data correction, and/or remove content at its sole discretion, without any justification or communication; c - given that on EGOMNIA users can, without any filter or possibility of prior control by us, create groups, pages, blogs, or forums, EGOMNIA is not obliged to check the content and purposes of these (with a corresponding liability exclusion clause, as per section F of this contract); however, the user accepts and acknowledges that it is at EGOMNIA's discretion, at any time and in case of a report, to proceed, at its sole discretion and without any obligation to provide justification or communication, to delete groups, pages, blogs, or forums, or remove content uploaded to them that violate this contract or applicable regulations. d - EGOMNIA reserves the right to allow third parties to insert advertisements on its site, as well as to allow third parties to carry out the activities described in this contract, particularly in clauses 1.A., 1.C., 1.C.1., and 1.D.; e - EGOMNIA has the right to limit the number of users connected with the user business and may, under certain circumstances, at its sole discretion, prohibit contacting other users or impose further limitations on access to services; f - EGOMNIA has the irrevocable right, without any compensation of any kind to users, to store, copy, publish, analyze, modify, and market any content, data, contributions, or suggestions uploaded or sent by them on/through our portal, with the right to prepare derivative works from it; therefore, the user business, correspondingly, waives any claim or right over the content uploaded by them: this waiver operates according to the methods established in this contract (clause 1.F. 7.); g - EGOMNIA has the right, at any time, to interrupt services for maintenance or other technical reasons, and to refuse access to its portal; h - EGOMNIA has the right to unilaterally modify, with a novative effect, the clauses of this contract, including the price of services; such modifications take effect upon their communication, as established by clause 1. H. 1. of this contract. i - EGOMNIA has the right to assign this contract to third parties and to substitute a third party in some or all of the relationships arising from the same contract, under the applicable contractual regulations, without any obligation of communication and without the need for consent from the user. l - The user business grants EGOMNIA the right, without any compensation to itself, to insert the brand, company name, and any other distinguishing sign of the business in the pages of our portal, providing the broadest corresponding waiver on this point.
1.G.2. Industrial and intellectual property rights
All intellectual and industrial property rights of all trademarks, domain names (including the domain https://www.egomnia.com), company names, business names, signs, graphics, layouts, and graphic signs of this portal (including buttons, icons, forms, logos), slogans used, as well as any other distinctive sign appearing on the Site, and any other content present on the portal (for example, videos, audio, images, texts), as well as codes, software, search algorithms, ranking processing, and data in general, concerning the Site itself, are the exclusive property of Egomnia and/or Matteo Achilli, excluding trademarks and domain names, company names, business names, and signs owned by business users and "Commercial Partners," whose ownership remains with them. All content of the Site (including, but not limited to: texts, logos, slogans, graphics, images, videos, audio reproductions, databases, graphs and tables, drawings) is protected under the current legal provisions regarding industrial property rights and copyright, with explicit acknowledgment by the user and prohibition for anyone without ownership rights on the same content to copy, reproduce, extract, and reuse it in any form (including as metatags or HTML language and/or commands suitable for achieving similar purposes). Among the prohibitions applicable to Users is the use of the information and materials contained on the Site for commercial purposes; this prohibition also includes, merely by way of example, the exclusion of the ability for anyone other than Egomnia to create databases with the contents of the Site for any purpose (except for the rights granted to third parties, as per this contract, and in particular clauses 1.A., 1.C., 1.C.1, 1.D).
1. H. Communications
By submitting the registration request, the company acknowledges and accepts the following: - all communications directed to the company by EGOMNIA will occur through the placement of a banner notice on the EGOMNIA website pages, or by sending to the email address associated with the account; communications will not be directed to other contacts. Such communications are considered known to the Company at the time of the banner placement on the EGOMNIA portal or the sending of the email. - The company, in any case, consents that EGOMNIA may, without obligation, communicate with it via its account, P.E.C., email, phone (landline and mobile), postal services; - Communications to EGOMNIA can be sent through our website, or to the following address, where EGOMNIA also elects domicile for legal purposes: EGOMNIA S.p.a. Via Angelo Bargoni, 8-78 00153 Roma (RM), Italia
1. I. Interpretation of the contract
The business User, by requesting registration with EGOMNIA, acknowledges and accepts that the relationships between them and EGOMNIA, in every aspect, shall be governed solely and exclusively by the Italian version of this contract (as described in clause 1. B.), and any other additional documents related to the terms of service, also in Italian, which replace any prior agreements; consequently, versions of this contract in other languages shall be understood as "courtesy" translations, provided merely for the user's convenience, without any validity to regulate the contractual relationships between the parties or to affect existing relationships.
1. L. Applicable regulations
The business User, by signing this contract, acknowledges and accepts that the entire contractual relationship, in every aspect and for every related or attributable profile, as well as any related action and/or dispute, will be fully and exclusively governed, by virtue of this consensual agreement between the parties, by the laws in force in the legal system of the Italian Republic ("applicable law"), regardless of the parties' country of origin or from where they access our portal, and with the absolute exclusion of any other legal and/or regulatory provisions established by a legal system other than the Italian one.
1. Exclusive M.Foro
Under this contract, the contracting parties jointly establish and agree that all claims and disputes related to or connected in any way to this contract shall be subject to the exclusive jurisdiction of Italy and, in this regard, to the exclusive competence of the Court of Milan (Italy)
1 .N. Arbitration
1 - You can withdraw from this contract at any time by sending us a notice according to the methods established in the contract itself (Section 1. H.); 2 - EGOMNIA can withdraw from this contract at any time by notifying according to the methods established in the contract itself (Section 1. H.); 3 - Following the withdrawal, your account will be deactivated, resulting in the disabling of your access to EGOMNIA and the use of services. 4 - Surviving the withdrawal from this contract, in addition to the clauses expressly provided for, are all the clauses stating: (1) waivers and acknowledgments in favor of EGOMNIA; (2) exclusion/limitation of liability in favor of EGOMNIA; (3) indemnity/compensation in favor of EGOMNIA; (4) the retention/transfer and processing of personal data; (5) the powers, authorities, and rights of EGOMNIA; (6) the methods for communications; (7) the interpretation of the contract; (8) the applicable law; (9) the exclusive jurisdiction.
1. O. Mutual right of withdrawal
1 - The company may withdraw from this contract at any time by sending us a notification according to the methods established by the contract itself (Section 1. H.); 2 - EGOMNIA may withdraw from this contract at any time by notifying according to the methods established by the contract itself (Section 1. H.); 3 - Following the withdrawal, the Company's account will be deactivated, resulting in the disabling of Your access to EGOMNIA and the use of services. 4 - Surviving the withdrawal from this contract, in addition to the clauses expressly provided for, are all the following clauses: (1) waivers and acknowledgments in favor of EGOMNIA; (2) exclusion/limitation of liability in favor of EGOMNIA; (3) indemnity/compensation in favor of EGOMNIA; (4) the retention/transfer and processing of personal data; (5) the powers, authorities, and rights of EGOMNIA; (6) the methods for communications; (7) the interpretation of the contract; (8) the applicable law; (9) the exclusive jurisdiction.
2. APPROVAL OF THE CLAUSES
Pursuant to and for the effects of Articles 1341 and 1342 of the Civil Code, by registering, you declare that you have read and expressly accept each of the following clauses: 1. A. Purpose of EGOMNIA and services provided. 1. C. Privacy 1.C.1. Consent to the processing of personal data for commercial, advertising, promotional, marketing, and electoral propaganda activities 1. D. Retention and transfer / assignment of data: 1.D.4. Right of Egomnia to retain and transfer / assign data and corresponding liability waiver clause in favor of Egomnia regarding misuse and/or appropriation by third parties and/or other users of EGOMNIA of its data and/or information uploaded to our portal 1.D.6. Survival of the clauses in section 1.D. upon termination of the contract; 1.E.1.t. Exclusion of the user's ability to exploit data, information, and content accessed through EGOMNIA to provide competing services with EGOMNIA 1.F. Waivers by the user, liability waivers of EGOMNIA, and indemnification in favor of EGOMNIA: 1.F.1. User's waiver of raising exceptions and claims regarding the so-called "ranking"; 1.F.2. User's acknowledgment of exclusion of liability for Egomnia regarding the meeting of job demand and supply; 1.F.3. Exclusion of liability for Egomnia regarding portal content; 1.F.4. Exclusion of liability in favor of Egomnia regarding service interruption and loss / destruction of data; 1.F.5. Waiver of raising exceptions and claims related to account deletion and/or suspension from services; 1.F.6. Waiver of raising exceptions and claims to obtain the interruption or limitation of services, the deletion, cancellation, or removal of content or advertising from the portal, or for damages caused by third parties and/or other users of EGOMNIA through the use of services. 1.F.7. Extension of the clauses of limitation and/or exclusion of liability and waiver in favor of EGOMNIA; 1.F.8. Indemnity and/or compensation clause in favor of Egomnia; 1.G.1. Powers, authorities, and rights of EGOMNIA: 1.G.1.a. Egomnia's authority to suspend, limit, and delete the account and to terminate the contract in case of user violation of its regulatory and/or contractual obligations; 1.G.1.b. Egomnia's authority to suspend and/or delete the account and/or request data correction, and/or remove content at its sole discretion; 1.G.1.c. Egomnia's authority to proceed with the deletion of groups, pages, blogs, or forums, or the removal of content uploaded to them, that violate this contract or applicable regulations; 1.G.1.f. User's waiver of any claim or right over the content uploaded by them on the Egomnia portal; 1.G.1.g. Egomnia's authority, at any time, to interrupt services for maintenance or other technical reasons, and to refuse access to its portal; 1.G.1.h. right to change in favor of Egomnia; 1.G.1.i. Egomnia's authority to assign the contract 1.I. Interpretation of the contract 1.L. Applicable law 1.M. Exclusive jurisdiction 1.N. Mutual right of withdrawal
