Terms of service

1 INTRODUCTION

1.1 Agreement

This document describes the terms and conditions of use ("Conditions of Use") according to which the user ('"User") can use the Site and the Services of Ominee (as described below). The following Conditions of Use are an agreement ("Agreement") binding between the User and Ominee Srl ("Ominee") – or an "Affiliate” that manages the Site in the Country of residence of the User - and are to be considered accepted by the User whenever it logs on or uses the Site or the Services. If the User does not accept the Conditions of Use described in this document, he may not use the Site and Services.

"Site" means the website ominee.com as well as websites controlled, even partially, by Ominee.

With "Services" means the applications and services offered by Ominee, including the possibility, for a User, to create its own profile (hereinafter referred to as "Profile"), the possibility of performing a direct search of Profiles of other Users based on some variables (skills, a degree or a professional role as for example, "plumber" or "architect") or, again, the possibility to contact other Users in order to offer professional opportunities.

With "Services" means also any application owned by Ominee or controller by them accessed through a mobile telephone or other device which allows the User access to such application.

With "Profile" means all the information that each User intends to associate with himself which, for example and limited to natural persons:, name and last name, age, gender, professional experiences or degree, International experiences, certifications, skills, knowledge of objects (like for example, computer, the cutter, the forklift etc.), of places (like the store, the supermarket, the pharmacy etc.), level of experience expressed in a range of years and associated with each information, as well as hobbies, the portfolio etc.

With "User" means both registered natural persons, and organizations (like for example, companies, associations etc.) registered on the Site.

Those who, without registering, intend to use certain Services, are "Visitors".

"Affiliate" means any Italian or foreign legal entity, constituted now or in the future, of which 30% or more of the capital or voting rights is owned, controlled or under common control, directly or indirectly, by Ominee , with the exclusion of Ominee itself.

The term "publish" indicates the information that the User sends, publishes or displays on the Site.

This Agreement applies to Users and Visitors.

Users who violate the terms of the Agreement may incur the suspension or interruption of access and use of the Site, at the sole discretion of Ominee.

1.2 Modification

Ominee reserves the right to modify this Agreement, the privacy policy or the cookie policy. If the changes are particularly significant, Ominee will be able to communicate them to Users, not only on the Site, but also through other means (for example, sending an email). If the User disapproves of the changes, he can close his account. If after posting or sending a notification regarding changes to the terms of the Agreement, of the privacy policy or the cookie policy the User will continue to use the Services, these terms will be deemed accepted.

2 CONDITIONS OF USE

2.1 Minimum age

The Services may only be used by persons who are at least 16 years old. However, if the law requires a greater age so that Ominee can legally provide the Services without the consent or supervision of an adult, then the minimum age will be the one defined by the law.

2.2 Creation and use of the Account

Any person or organization that registers through the Site and thereby becomes a User, accepts:

• become an account holder;
• have one and only one account;
• choose a secure password and keep it secret;
• indicate your real name and surname or, in the case of an organization, indicate the real name or business name;
• indicate truthful data and information in your Profile, being aware that the disclosure of false data and information is a violation of the terms and conditions of the Contract;
• keep your own Profile updated, including contact details and, in the case of the organization, the Contact Users;
• do not create accounts for third parties. An exception is the case of the User who creates the account of the organization that he legitimately represents or is authorized to represent;
• comply with the provisions, illustrated below, regarding prohibited activities;
• comply with all applicable laws, including, without limitation, laws on privacy, intellectual property, laws concerning work, employment, and equal opportunities, anti-spam laws, export control laws, tax laws and regulatory requirements;
• use the Services in a lawful and professional manner as well as report any abuses to Ominee;
• be responsible for anything that happens through your account unless you report any abuse to Ominee or even close it;
• be unique and solely responsible for messages sent, via the Site, from your account to other Users.

2.3 Messages, notifications and display of information

The Services allow you to send / receive messages, view and share data and information in different ways. Without visualization, sharing data and information and exchanging messages, the Services could not function and be delivered.

Consequently, the User accepts that Ominee and the other Users could:

• send notifications and/or messages, if directly connected to the provision of the Services, also using the contact details (email address, mobile number, postal address);
• view the data and information published in your Profile.

Through the Site, each User can be contacted and receive messages exclusively from another User. The contact between Users via chat is active only after explicit acceptance of the contact request by the contacted User. Messages exchanged via chat are private.

The information and data that Users share and publish may be displayed, as well as by other Users, also by Visitors or third parties. Although Ominee adopts measures to protect the User's data against unauthorized access or improper use, it does not exercise any control over third parties and is not responsible for the use they make of the data that the User provides. Consequently, the User must not publish sensitive information on the Site or any other data or information that he does not wish to be made public.

Ominee, as specific settings will be available on the Site, will follow the indications expressed by the User regarding who can view data and information of their Profile.

2.4 Ownership of User data

The User owns the data and information that he publishes on the Site and can make them available to third parties.

2.5 Non-exclusive license

By using the Services, the User grants Ominee and its affiliates, in accordance with the terms and conditions of the Privacy Policy, a non-exclusive license, valid worldwide, transferable and sub licensable, to use, copy, modify, distribute, publish and process the information and data that you have published on the Site and/or provided through the Services, without further consent, notification and remuneration for itself or for third parties.

The User may terminate this license solely by closing your account. Evidently, with reference to specific information or data, the User can always delete it from the Profile and/or the Services unless it has already been shared with other Users.

Furthermore, with the use of the Services, the User:

• allows Ominee to change the data and information format (for example, layout, dimensions, etc.) as well as the data that Ominee automatically adds to the Profile;
• accepts that any linguistic expression used in its Profile can be modified by Ominee in order to pursue greater standardization of information; without prejudice to any errors and the limits imposed by the technologies used, Ominee undertakes to preserve the meaning of the linguistic expressions used by the User;
• accepts that Ominee may, for any purpose, use and share your suggestions and feedback relating to the Services, without further consent, notification and remuneration for the User himself or for third parties;
• accepts that Ominee is not obliged to publish any information or data and may remove them at its discretion, with or without notice;
• accepts that Ominee will remove certain information or data in some countries, if required by law.

2.6 Content ownership and use

"Content" of the Website means images, logos, icons, trademarks, videos, design, texts, graphics, audio files, software, etc. All the contents, as well as their collection, organization and predisposition, are a) owned by Ominee or its licensors and b) protected by copyright, trademark and other applicable laws on communication. Their unauthorized use is therefore prohibited.

The code created by Ominee to create, manage or view the Contents on the pages is protected by copyright according to the relevant legislation. This code cannot be copied or adapted.

The User agrees not to modify, reproduce, represent, distribute, or in any case use the Content in any way for any commercial purpose. The User also agrees not to make any unauthorized use of the Contents. The use of Content in other applications, sites or in a computer network, for any purpose, is prohibited.

Ominee authorizes the User, in the terms illustrated in this Agreement, to access the Site, to use the Services as well as to download and print the Contents available for personal and non-commercial purposes only.

The User is required to keep all the symbols and / or texts that refer to copyright and trademark rights, as well as any warning concerning the ownership of Ominee on the Contents in the authorized copies of the Contents themselves.

2.7 Use and availability of services

The Services can be used by individuals interested in receiving employment opportunities, occasional or not, from employers looking for employees or collaborators, from freelancers or companies interested in starting a business relationship with people seeking their skills as well as from people or organizations interested in purchasing specific services, whether offered locally or remotely.

More generally, the Services can be used by anyone, for any lawful purpose and in compliance with the laws, whether in search of a person or an organization that possesses one or a set of skills that it needs. It is possible to search and then contact, by way of example, a gardener to take care of his garden, a lawyer specialized in labor law to get an advice, a graphic designer to design a new logo, a waiter for an occasional collaboration, a company specialized in web marketing and social media marketing to promote its online business, a person with sales skills in the food sector to propose him to become an agent, an administrative secretary to propose an employment and so on.

Ominee may change or interrupt its Services; furthermore, it cannot guarantee to keep or continue to display the information and data that the User has published. Consequently, the User accepts that Ominee has no obligation to store, manage and provide a copy of the data or information provided by the User, except to the extent required by applicable law as well as by our privacy policy.

2.8 Activities not allowed

Each User agrees to not:

• have more than one account or create accounts on behalf of third parties, unless it is the organization that legitimately represents or is authorized to represent;
• indicate inaccurate or untruthful data and information in your Profile;
• use the third-party account;
• share their login credentials to the Site with third parties;
• request passwords or sensitive data from other Users;
• violating privacy or harassing other Users including, but not limited to, sending unsolicited e-mails or contacting them to promote and/or advertise products or services;
• use the Website and the Services for any unlawful purpose or illegal activity or in violation of any applicable law or regulation;
• use the Profiles of other Users in violation of the privacy policy available on the Website as well as of the applicable legislation regarding the protection of personal data;
• send messages to other Users, via chat or through other means accessible through the Site, which, by way of example, are false, inaccurate, misleading, sexual, defamatory, slanderous, offensive, vulgar, obscene, threatening, racist, discriminatory , aiming to entice or proselytize or, in any case, capable of provoking outrage, discomfort, embarrassment, anxiety, offense or harassment to other Users;
• publish or include links to pornographic, indecent or explicit sexual content as well as use your Profile to advertise sexual services;
• violate the additional terms and conditions relating to a specific Service, if the User begins to use it;
• violate intellectual property rights or other rights of Ominee or third parties;
• disclose confidential information or, more generally, information that you are not entitled to disclose;
• sell, resell or market the Services without Ominee's authorization;
• assign their rights or obligations arising from these Terms of Use;
• carry out reverse engineering, decompiling, decrypting or decoding of the source code of the Site and the Services;
• use methods, programs, data extraction or acquisition devices, automatic or not, to access the Services, illegally copy the Profiles and send or redirect messages;
• copy, duplicate, use, disclose, make links or distribute the Content available on the Site without Ominee's authorization or, limited to the data and information owned by the User indicated in the Profile, without the latter's consent;
• attempt to violate or disable security measures, access controls or any limitation of use of the Services;
• publish anything that contains malicious code, viruses, worms, hidden images or pages with limited or protected access;
• impose an unreasonable load of data on the Website infrastructure or interfere with the operation of the Services.

2.9 Mobile Services

If the User uses the Website by means of a mobile device, he agrees that the information on his use of the Site through his mobile device can be communicated to Ominee, including, for example, the name of the mobile phone service provider, the type of mobile device or physical location of the User.

The User acknowledges that he is solely responsible for the expenses and authorizations associated with accessing the Site through his mobile telephone service provider.

2.10 Indemnity

The User undertakes to keep Ominee and its affiliates (including the parties with whom Ominee works to provide the Services) harmless and indemnify from and against any claims, actions or requests, including, but not limited to, legal fees and administrative, deriving from (i) data, information and content provided by the User to the Site (ii) use of the Contents or (iii) violation by the User of the Terms of Use.

3 RESPONSIBILITY

3.1 Absence of guarantees

IN THE EXTENT PERMITTED BY LAW, OMINEE AND ITS AFFILIATES (AND THE PARTIES WITH WHICH OMINEE WORKS TO PROVIDE SERVICES) (A) DOES NOT RECOGNIZE ANY WARRANTY AND IMPLIED INSURANCE INCLUDING THE WARRANTY CONCERNING THE MERCHANTABILITY, THE ABSENCE OF VIOLATIONS, THE ADJUSTMENT OF THE SITE AND OF THE CONTENT WITH RESPECT TO THE PURPOSE OF THE USER AND TO THE LICENSE OF THE SITE AND CONTENT; (B) DO NOT WARRANT THAT THE SITE, SERVICES AND INFRASTRUCTURE WILL WORK WITHOUT INTERRUPTIONS OR THAT THEY ARE FREE OF ERRORS, VIRUSES OR OTHER TECHNICAL DEFECTS OF ANY NATURE. IF THE USE OF THE SITE, SERVICES, OR CONTENT CREATE DAMAGE TO YOUR INFORMATION EQUIPMENT OR THIRD PARTY DATA, OMINEE IS NOT RESPONSIBLE FOR THE COSTS OF MAINTENANCE, REPAIRS OR REPLACEMENTS; (C) DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR UPDATE OF CONTENT, SERVICES AND SOFTWARE; (D) THEY PROVIDE THE SERVICES (INCLUDING THE CONTENTS) "AS THEY ARE " AND "AS AVAILABLE".

3.2 Exemption of liability for indirect damages

IN THE EXTENT PERMITTED BY LAW, OMINEE AND ITS AFFILIATES (AND THE PARTIES WITH WHICH OMINEE WORKS TO PROVIDE SERVICES) MAY NOT BE CONSIDERED RESPONSIBLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR CORRELATED REVENUES TO THE SERVICES (FOR EXAMPLE, OFFENSIVE OR DIFFAMATORY DECLARATIONS, TIME OF INTERRUPTION OR LOSS, USE OR CHANGES OF THE RELATED INFORMATION OR CONTENT), BEING THOSE DAMAGES OF CONTRACTUAL, EXTRA-CONTRACTUAL OR OF ANY OTHER TYPE, AND CONSIDERED BY THE FACT THAT OMINEE AND ITS AFFILIATES MAY KNOWLEDGE OR NOT FOR SUCH DAMAGES.

3.3 Limitation of liability

IN THE EXTENT PERMITTED BY LAW, THE LIABILITY OF OMINEE AND ITS AFFILIATES (AND THE PARTIES WITH WHICH OMINEE WORKS TO PROVIDE SERVICES) ARISING OR CONNECTED TO THE SITE AND USE BY THE USER OF SERVICES AND CONTENT, REGARDLESS OF THE ACTION BROUGHT BY (FOR CONTRACTUAL, EXTRA-CONTRACTUAL RESPONSIBILITY, FOR VIOLATION OF WARRANTIES, NEGLIGENCE OR OTHERWISE) WILL NOT BE ABLE TO EXCEED, IN TOTAL FOR ALL CLAIMS, THE MAXIMUM INDEMNIFIED AMOUNT OF A SUM IS EQUAL TO EURO 100.00. FOR GREATER CLARITY, THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN THE USER AND OMINEE AND APPLIES TO ALL RESPONSIBILITY.

4 TERM AND RESOLUTION

The Contract remains in force for the entire period of use by the User of the Site and the Services. Ominee and the User may terminate this Agreement at any time by sending a notice to the other party. In the event of termination, the User loses the right to access or use the Services. The following conditions remain in force after termination:

• sections 2.8, 3, 5 and subsequent of this Agreement;
• any amount owed by both parties before termination will remain payable after termination.

5 DISPUTES AND APPLICABLE LAW

This contract is regulated by the Italian law. The Italian version is binding and the other translations are provided for convenience only. For any dispute arising in relation to the Terms of Use, the Court of Turin will have jurisdiction, except in cases of mandatory territorial jurisdiction, determined on the basis of the User's residence or domicile.

The invalidity, nullity and / or partial unlawfulness of the Terms of Use or of individual clauses, ascertained by the competent judicial authority, does not matter the invalidity, nullity or illegality of the remaining provisions, which will continue to remain in force. Waivers relating to one of the provisions contained in these Terms of Use may not be considered further and subsequent waivers of this provision or of other provisions contained in these Terms of Use. Furthermore, failure by Ominee to comply with any of the terms in these Terms of Use should not be considered as a waiver, nor in any way affect Ominee's ability to use this term in the future. Except as expressly provided for in any further agreements for the use of the Site and the Services, including the privacy policy and the cookie policy, these Terms of Use contain all the provisions that govern the contractual relationship between the User and Ominee in relation to the use of the Site and the Services. No changes to these Terms of Use may be made except by revising this document.

6 COMMUNICATIONS

For any communication regarding this Agreement, the User can contact Ominee at the email address info@ominee.com or at the certified email address ominee@pec.it or, again, can send a letter to:

Ominee Srl
Via Giulio Carcano 26
10153 – Torino (TO)
Italia