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Release “00”, June 2012
- Purpose and services
- Access to the Website and to the Country Websites
- Navigator's obligations
- Extraneousness of the Company and the Satellite Companies with regard to the relationships between the Client and the Candidate
- Information contained on the Website and the Country Websites
- Link and malware
- Industrial and intellectual property
- Limitation of liability
- Hivejobs srl, Fiscal Code and VAT number IT07646310966, headquarters at Milan, Via Palmanova 67 Italy, (“Company” or “Hivejobs”), represented by its legal representative, Ministerial authorization, Protocol 39/0009866 - 06/07/2012, registered with section IV of the computer registry of the job agencies established at the Ministry of Labour.
- All rights to the trademark Hivejobs (“Trademark”) and the respective domain names and distinctive signs which contain it (“Distinctive Signs”) belong to the Company. An application for the Trademark registration has been filed to the competent national authority (nr. MO2012C000239 of 02 april 2012), the competent European (nr. 011064731 of 24 July 2012) and International authorities.
- By means of the Trademark and the Distinctive Signs, the Company, directly or indirectly (through its own subsidiaries, controlled companies or anyway parties, bodies or companies referable to it, from time to time indicated - “Satellite Companies”) develops and manages worldwide a web platform accessible through URL: hivejobs.com (“Website”), aimed at managing, by way of example: (i) the publication of announcements of job offers; (ii) the activity of recruitment of personnel, by enabling to complete the process in a short time and through connection to Internet network (“Purpose”).
- The Instructions constitute the general regulation which governs access and navigation on the Website and on each single Internet website (“Country Websites”) which pursue the Purpose, even if accessible through the same above mentioned URL. The Instructions, unless otherwise provided, are valid and effective in all the countries of the world and for all Country Websites.
- Each of the following definitions indicated by a capital letter (whether singular or plural) shall be ascribed the following meanings:
- Announcement: job offer published on the Website and referable to a client, as hereinafter defined;
- Job: job entrusted by the Company to the HiveScout, as hereinafter defined, for the performance of specific activities aimed at pursuing the Purpose;
- HiveScout: the party with specific requisites which, on the basis of the Job, identifies a group of suitable candidates;
- Registered User: any individual user who has completed the registration process to the Website and with whom, among the others, an univocal identifier, one or more curriculum vitae (“CV”) and an email address are associated. The Registered User assumes the status of candidate in the moment in which he associates a CV to a certain Announcement (“Candidate”): thus, while the Registered User can also not be a Candidate the Candidate is necessarily a Registered User and as such is also subject to the Registered User terms and conditions;
- Client: any party who makes use, as buyer, of the services offered by the Company and in particular of the activity of Candidates’ recruitment;
- User-Client: the individual who by acting in the name and on behalf of the Client in order to get registration to the Website and access to the Restricted Area, legally binds the Client. Through the registration to the Website the Company issues to the User-Client the authentication credentials (User ID and Password) which allow access to the online Restricted Area which contains the Client’s data (“Restricted Area”);
- Navigator: any individual who accesses the Website and/or the Country Websites, including the non-authenticated users;
- Players: HiveScout, Registered User, Candidate, Client, User-Client and Satellite Companies;
- The Website and the Country Websites host web platforms dedicated to the offer of the Services to the pursuit of the Purpose (“Services”) among which, by way of example: publication of an announcement, execution of aptitude test, registration of asynchronous interview, etc, as resulting from the list consultable on the Website and on the Country Websites (“List of Offered Services”).
- Thanks to Services, in brief: (i) Clients are allowed to create and publish Announcements on the Website and/or on the Countries Websites in order to identify the Candidate; (ii) the Registered Users can consult the Announcements, send CV and present their candidature.
- Access to the Website and the Country Websites, consultation of the information and use of the Services are free and gratuitous for the Registered Users and the Candidates who can consult the Announcements through the research motor and apply for a job through the registration on the Website and the upload of their own CVs, with or without the association of the CV to an Announcement. The Clients can make use of the Services upon the terms and conditions agreed upon with the Company and/or the Satellite Companies.
- The relations among the Players are regulated, in addition to the Instructions, by specific documents of contractual nature, provisions published on the Restricted Area accessible by each Player, conditions contained on the Website and/or on the Country Websites.
- Save as expressly agreed with the Client and the Partner, the Company and the Satellite Companies do not assure continuous and uninterrupted access to the Website and to the Country Websites which, among the other things, may be conditional on different factors independent of their own control, and to the Services. Access to the Website and to the Country Websites may be suspended and/or interrupted by the Company or by the Satellite Companies at their discretion, by way of example, for any technical reason, for entrepreneurial choice, for fortuitous event or force majeure, for breach of the Navigator’s obligations hereinafter described without this latter being entitled in any case to claim any compensation from the Company and the Satellite Companies.
- Save as expressly agreed with the Client and the HiveScout, the Company and the Satellite Companies shall be entitled in any moment to make amendments to the Website, to the Country Websites and to the access ways to the Services even if said amendments should involve a variation in the contents of the Services.
- The Navigator undertakes to access the Website and the Country Websites and to use the Services in full compliance with the mandatory provisions of civil, criminal and administrative nature (local, regional, domestic, European and international) and in particular, but by no way of limitation, with the provisions: (i) relating to personal data protection, (ii) relating to intellectual and industrial property, (iii) aimed at contrasting the cybercrimes from time to time applicable.
- Save as provided above, by no way of limitation, the Navigator undertakes: (i) not to use the Website and the Country Websites for illegal or contrary to public order or offensive purposes; (ii) not to use the Website and the Country Websites to transmit or to diffuse in any way material abusive in respect of the Purpose and the Services offered by the Company or illegal, pornographic, racist and anyway obscene, vulgar, defamatory material; (iii) not to transmit material or messages which may encourage third parties to act in an illegal or criminal way which may be punishable civilly, criminally or administratively; (iv) not to send commercial and/or promotional messages or spamming or any other illegal and/or contrary to netiquette rules communication; (v) not to contaminate the net or the informatics system which allows the supply of Services with virus, malware or any other harmful program which may interfere, damage, intercept, delete, goods and/or data or personal information, nor to use any peer to peer program or program with similar aims; (vi ) not to act as to make heavier nor to load unreasonably the informatics system of the Website and the Country Websites.
7. Extraneousness of the Company and the Satellite Companies with regard to the relationships between the Client and the Candidate
- The Company and the Satellite Companies, by limiting themselves to identify a group of Candidates suitable according to the agreements existing with the Clients, do not interfere in the negotiation, formation, conclusion and/or performance of the agreements entered by and between the Client and the Candidate chosen by the Client and in any way they cannot be deemed as part of the pre-contrattual, contractual and post-contractual events regarding agreements concluded or not between the Client and the Candidate which remain the sole parties bound by the same (for example for any breach or delay in the performance).
- The Company and the Satellite Companies, notwithstanding they try to constantly check the correct behavior of each Navigator, do not guarantee (i) the identity, the legal capacity, the seriousness of the intentions, the good faith or other features of the Navigators; (ii) the quality, the lawfulness, and truthfulness of the Announcements reported on the Website and on the Country Websites, which the Client will be integrally and exclusively responsible of, as well as of CVs, which the Registered User and Candidate will be integrally and exclusively responsible of.
- The Navigator undertakes to consider the information contained on the Website and on the Country Websites as merely indicative and acknowledges that no liability can be attributed to the Company and the Satellite Companies relating to any deficiencies, inaccuracies or omissions save as expressly agreed among the Players.
- Notwithstanding the periodic control of the web pages linked from the Website and the Country Websites, the Company and the Satellite Companies shall not be liable in order to the contents of the same.
- Notwithstanding the periodic control of the Website and the Country Websites, the Company and the Satellite Company cannot warrant that they are immune from virus or from any other programs potentially harmful. Before entering the web and making any operations, between which, in particular, download documents and software, the Navigator has to adopt always the most updated protective measures.
- By uploading or displaying materials on the Website and/or the Country Websites, also through links, the Client, the Registered User and the Candidate grant the Company and the Satellite Companies a worldwide, non-exclusive royalty-free license to reproduce, adapt, distribute and publish such materials on the Website and the Country Websites.
- The Navigator acknowledges that Trademarks and distinctive signs, contents, information, programs, layout, texts and database used by the Company, as well as any and all technical, ideational and creative solutions contained and/or adopted by the Company and the Satellite Companies inside the Website and the Country Websites belong exclusively to the Company and/ or the Satellite Companies, save as otherwise indicated in writing. Nothing in this Instructions shall be construed as conferring to the Client, the HiveScout, the Registered User and the Candidate any license to the Trademark, the Distinctive Signs or to any other Company’s intellectual or industrial property rights.
- It is expressly forbidden to the Navigators any other use of the Website and of the Country Websites non strictly connected to the aims and Purpose pursued by the Company and to the Services offered by the latter, including, by way of an example, the reproduction, the sale, the modification, the distribution, the transmission, the re-release, even partial of the contents, of the information, of the programs, of the layout, of the texts and of the databases available on the Website and on the Country Websites and the technical, ideational and creative solutions adopted by the Company and the Satellite Companies.
- Save in the case of wrongful misconduct or gross negligence, in no event the Company and the Satellite Companies shall be liable for any damage whatsoever resulting from or connected to the use or inability to use the Website and/or the Country Websites, the material or links published on the Website and the Country Websites, the actions or omissions of the Candidates, the Registered Users, the Clients and the HiveScouts, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise).