The following terms & conditions concerning the “beta” version of the internet site www.daafportal.com, in particular this version will allow the users to subscribe with the sole aim of promoting, get to know future services and consequently they are offered a free registration into Daaf society snc, therefore under these conditions will not be under the reports relative to the companies, like payment, advertizing, awards, contests, relationships between users/company etc.,
1.1 The provisions of the products by part of the Society is aligned to the terms and conditions outlined below. This agreement will start being valid with the acceptance of the user (effectuated date) and will be settled upon the occurrence of the first of the following conditions: (i) as of a year since the effectuated date, or rather (ii) at the expiration of the last termination foreseen for the product purchased by the user. At expiration, the agreement will cease to have effect, and exclude any form of automatic renewal. Thence, any product or service not in use shall also be considered as expired and the user may not assert any claim against the Company.
1.2 For greater clarity, any reference to Daafportal or the Company, contained in these Terms & Conditions, must be directed to Daafsociety S.n.c., owned by Davide Gallo and Stefano Librallon, Via Commerciale, 66-35010 Santa Giustina in Colle (PD) P.IVA and C.F.: 04412300289, telephone number: +39 049/9303157.
1.3 By “user” we mean the physical or legal person who purchases and agrees on the products and services, as specified on the purchase order.
1.5 In case of conflict between the present Terms & Conditions and the Conditions of use of the site, the first will have priority over the second.
2.1 The information provided by the user to the Company at the time of registration in the site, which may be accessed through the URL address http://www.daafportal.com (The Site), are of ultimate importance and must be precise, correct, complete and truthful. The User agrees to convey the Company, in timely manners, using the electronic mailing instruments,
, any changes concerning data provided at time of registration. Once one has completed the registration successfully and obtained recognition as a User on the Site, the User may utilize the Site in accordance on the Agreement form and terms & conditions of the Site, available at: http://www.daafportal.com/condizionigenerali (Conditions of Use of the Site). Once registered the User will receive a nominative identification (username) and a personal password, who undertakes the obligation of secrecy. May it be understood that the User remains solely responsible for how he/she uses the account and the own password. The User undertakes the responsibility of notifying the Company of any appropriate or unauthorized use of the password and the account in time, as well as the loss, theft or removal of the recently mentioned.
3. DATA PROVIDED BY THE USER
4. INTELLECTUAL PROPERTY RIGHTS
4.1 The User hereby notes that the following Terms & Conditions do not confer the same rights in relation to copywriting, labels or other rights of intellectual property concerning or present in the Site, other that the right of using the services offered in accordance with the provisions of the Terms & Conditions.
4.2 The publication on the Site by the User and all the elements to him belonging or are at all related to him/her, as well as Intellectual property rights and as well as intellectual property and therein industrial rights, are and will remain the Users property.
5. OBLIGATION OF THE COMPANY
5.1 The Company will make every reasonable effort to keep the Site operative, functioning and error free. It is understood that the Company will not be responsible for the lack of access to the Site by the User due to the functionality and efficiency of the software used by him/her to enter and publish information.
Similarly, the Company shall not be liable for any damages, of contractual or non contractual nature, resulting from the activation, usage and/or the interruption of the Site.
6. OBLIGATION OF THE USER
6.1 The User will undertakes responsibility to use the Site in accordance with the Terms & Conditions and to the conditions of use of the Site, and with respect for the laws and regulations in force. In particular, the User may not use the Site to transmit, disclose, distribute, reproduce, advertise or link to information or material that (i) is false or misleading, (ii) are discriminatory ( even under the provisions of Law No. 67/2006), of defamatory, obscene or offensive type, which might lead to discrimination, hate or violence, against individuals or groups of persons, because of origin or ethnicity, race, religion, sex, sexual orientation, of a possible disability or impairment, (iii) contravene its laws on privacy (also pursuant to Legislative Decree No. 196/2003), public order or morality, (iv) violate the principle of freedom of thought expression and release (referred to in Article 21 of the Constitution), and the law on the protection and the protection of minors, including rules of the Hague Convention of 29 May 1993 or (v) are otherwise harmful to third person. The User also agrees to act in accordance with the provisions of law relating to employment law in accordance with the regulations for the employment of a worker and the management of the employment relationship, with particular reference to the prohibition of discrimination and sexual harassment. Moreover the User undertakes responsibility not to use or attempt to, whether directly or indirectly, any search engine, software, tool, factor, or other means or mechanism (including, by way of example and non comprehensive, such as browsers, spiders, avatars or intelligent agents) to navigate and effectuate research within the Site, unless such operations are carried out with the search engine and search agents available at the Daafportal site or with browser commonly accessible to third parties. The User shall be responsible for any unauthorized use of the Site. In the event that the Use of the Site on behalf of the User, employees of the User or persons authorized by him to cause prejudice to a candidate who has entered his or her own portfolio in the Website or any third party. The User undertakes the responsibility to indemnify the Company of any claim of damage, including requests relative to legal, administrative and technical fees. The user undertakes responsibility not to use the Website and the services provided by the company in the very Site, in incorrect manners, or in ways that may cause sensitive interruptions, harm or lead to a reduction in the efficiency of the same. The User assumes sole responsibility of using the Website made by its suppliers and agents expressly authorized by the User himself, and is obliged to answer to any possible damages resulting from the use of the Site by any of those third parties, that are in violation of the present Terms & Conditions. The User undertakes responsibility of not using the Website in order to obtain non authorized access to other informatics systems.
6.2 The User also agrees not to resell to any third party, not expressly authorized by Daafportal with this Contract or in any other way, no product or service purchased by Daafportal, including, by way of example, works, advertisements, tenders , résumés, as defined below. In case of sale of non authorized goods, services or advertisements, the Company therefore will have the right of immediately terminating the Contract, without prior notice, as well as the right to remove, at its sole discretion, all adds in selling purpose posted by the User.
7. LIMITATION OF LIABILITY
7.1 The Company is not and cannot be held liable to the User or any third parties for loss of profit opportunities and business, reparation costs or replacement of the purchased services and indirect damage of whatever nature whatsoever caused and will not be required to pay any compensation for loss or damages connected to the services provided under these Terms & Conditions, except within the limits of the price actually paid by the User for those services. The Company is exclusively committed to provide services purchased by the User in the best possible way, without assuming further obligation towards the User, including, by way of example (i) the guarantee of the success of search and selection of "ideas" from companies (ii) the guarantee of a successful outcome on a performed search, (iii) completeness and accuracy of the information contained in the CV posted by users and (iv) the effective subsistence, on behalf of individual members of qualifications and skills stated in the CV and personal profile.
8. SUSPENSION AND TERMINATION OF SERVICES
8.1 In addition to the supposition laid out in the preceding clauses, the Company reserves the right, to cancel the services provided to the User and to disconnect the passwords and access codes, at any time and without prior notice if there is reasonable suspicion to believe that the User has violated the provisions of these Terms and Conditions. The Contract is terminated at the time the User receives a written notice from the Company. Daafportal shall have the right to require and obtain the sums owed for services provided and to demand reimbursement of expenses and any costs incurred. The Terms & Conditions of the present Contract, necessary to implement these, remain in force even after the expiration or termination of this Contract. Upon expiration or termination of the Agreement, intervened in any way, licenses and rights granted to the User in accordance with the above mentioned will be revoked, as well as access to the Site and database.
9.1 Any potential tolerance by the Company in regards to the Users behavior, laid out to be in violation of the provisions contained in the Terms & Conditions, does not constitute renunciation of the own rights and shall not in any way undermine the effectiveness and validity of the Contract, or parts thereof, affect Daafportals rights of demanding, with subsequent legal action, the exact execution of the violated disposition. The invalidity, the nullity and/or partial illicit of the present Terms & Conditions or of single clause, asserted by the competent legal authorities, no matter the invalidity, nullity or illicit of the entire Contract and of these present Terms & Conditions.
9.2 The Contract (i) constitutes the entire agreement between the parties regarding the provision of services and substitutes each and replaces any other previous agreement, whether written or oral, the same subject (ii) can be modified only in writing and (iii) and cannot be transferred and/or yielded, in whole or in part, to third parties nor directly or indirectly, operation of law or by fusion, sale, transfer of financial assets, actions or in any other way.
9.3 All communications concerning the Agreement shall be made by letter with a return receipt or handed to the address indicated in the Contract.
9.4 The titles of the clauses present in the Terms & Conditions are inserted solely for the purpose of facilitating the understanding of the clauses and can not be used to interpret the content of the Contract.
10. FORCE MAJEURE
10.1 The Company shall not be held responsible of the failure of fulfillment to the Contract resulting for causes by force majeure, relative to circumstances outside its sphere of control, as example and not comprehensive to the following, exceptional events, natural disasters, navigational and flight risks, fire, explosions, flooding, drought, sabotage, accidents of any nature, embargo, failure of telecommunication services and of the infrastructures, riots and civil wars.
11. APPLICABLE LAW AND JURISDICTION
11.1 The present Terms & Conditions and the trade relations between the Company and the User are regulated by Italian law. If any argumentation arises in relation to the interpretation and execution of this Contract the Foro di Padova will be responsible, except in cases of mandatory territorial jurisdiction, determined on the basis of residence or domicile of the User, if situated in the Italian territory.