Terms of Use

1. Preliminary provisions

1.     All subsequent provisions relate to the Internet project of Società Italiana di Monitoraggio s.p.a,  Rome  (Italy) that is operated under different Internet domains belonging to Società Italiana di Monitoraggio s.p.a  - hereinafter referred to as "SIM SpA".

2.     These provisions define the conditions under which SIM SpA is to be used. These Terms of Use apply for all users of SIM SpA, even if they use or access SIM SpA from outside Italy.

3.     By registering with SIM SpA, the user bindingly declares to have read and understood these Terms of Use and to agree to them. If he does not agree to them he must refrain from registering. Persons who have not yet turned 18 are not permitted to use this service.

4.     SIM SpA is an Internet platform that provides users with different services in relation to searching for jobs and establishing contact. Unless explicitly detailed otherwise, all new offers that extend or improve current services - which includes the offer of new services - are subject to these Terms of Use. The services are offered in a design approved by SIM SpA and are subject to availability.

5.     SIM SpA reserves the right to change, interrupt or withdraw all or individual services temporarily or permanently at any time, and to communicate or not communicate this to the user. The user hereby consents that SIM SpA is not liable towards him or third parties for changes, interruptions or the withdrawal of individual or all services.

6.     The Internet services will normally be available 24 hours a day, 7 days a week. SIM SpA endeavours to achieve the highest possible availability of the servers and thus the contents and saved messages, but is unable to guarantee this or commit to specific availability percentages.

7.     Every user must release SIM SpA from any liability and from all obligations, charges and claims resulting from libel, insult, violation of personal rights, failure to provide services for users or damage to immaterial assets or other rights. Any costs incurred by the service or its managers, directors, employees, representatives and/or third parties in this regard for appropriate legal defence or action against the third parties will be at the user's expense.

2. Copyrights

1.     Registration in accordance with § 1 (3) does not involve a transfer of property rights or rights of use, licences or other software rights to the user. All rights to the software used, IDs, titles, brands and copyrights as well as other commercial rights of SIM SpA remain with SIM SpA without restriction. All published work results and information are subject to SIM SpA's copyright. This only excludes published work results and information created by the user or a third party and taken over by SIM SpA without any changes to be published on the Internet.

2.     The user is solely responsible in terms of press law, competition law and otherwise for the contents he has provided for publication. By registering, the user confirms that he has obtained all rights of use required for placement on the Internet by the owners of copyrights, ancillary copyrights and other rights to the documents and data he has provided or that he is permitted to freely use them.

3. Data protection

1.     SIM SpA is particularly concerned about keeping user data secure and protected. SIM SpA undertakes to comply with the legal data protection provisions and the italian Personal Data Protection Code (Legislative Decree no. 196 of 30 June 2003)

2.     Personal data is collected, saved, processed and used as part of the contractual provision of services. Personal data is data that contains details on personal or material circumstances of a specific or specifiable user. Such data is saved electronically. Data is also recorded when Internet pages are called up.

3.     Upon request, SIM SpA will provide the user with all the information on the data saved relating to the user, free of charge.

4.     SIM SpA does not pass on any personal individual data to third parties. An exception is, of course, the publication of the profile in which the user entered data for this purpose and the publication of which the user has agreed to by registering. The user can individually determine at any time to which group of persons his profile is to be displayed in full or anonymously.

5.     The personal settings that a user enters are saved. This ensures that a user's personal settings are available to him again in every new session (whenever he logs in again). SIM SpA normally uses cookies for this purpose. The user's browser permanently saves these cookies on his hard disk. To prevent this, the user can change the appropriate browser settings.

6.     The user consents to SIM SpA using his anonymised user data for the purposes of consulting, advertising, market research and for the improving and designing the service in a demand-oriented manner.

7.     By registering, the user declares his consent for his data to be used in accordance with the provisions above.

4. Conclusion of the contract

1.     The user confirms vis-à-vis SIM SpA that he has reached the age of 18.

2.     SIM SpA is entitled to check the user's personal data based on suitable official documents. The user therefore promises to send to SIM SpA copies of official documents - the identity card, in particular - upon request.

3.     The contract is deemed to be concluded as soon as the user has successfully registered with SIM SpA.

5. Obligations of the users

1.     The content of the profile is the sole responsibility of the user.

2.     It is not permitted to store in the profiles any content of a sexual or pornographic nature, content that violates accepted moral standards or any politically radical or other illegal content.

3.     It is not permitted to create profiles for third parties.

4.     It is not permitted to use profiles to commercially advertise for personal purposes or for third parties. This particularly applies to advertisements for other Internet offers or advertisements for chargeable service numbers.

5.     It is not permitted to create profiles in order to use the resulting E-mail responses for the purpose of collecting E-mail addresses for commercial use.

6.     The user has no legal claim to publication of his contents.

7.     The content of responses to profiles is the sole responsibility of the user.

8.     All users must treat as confidential E-mails and other messages or other data they receive in connection with using SIM SpA and they must not make these available to third parties without the originator's consent. The same applies for names, telephone and fax numbers, postal and E-mail addresses and/or other users' URLs. It is also not permitted to forward any non-user data.

9.     It is not permitted to store in responses any content of a sexual or pornographic nature, content that violates accepted moral standards or any politically radical or other illegal content. It is also not permitted to threaten or disturb others, to violate the rights of others (including personal rights) or to promise or demand cash or cash-equivalent services.

10. It is not permitted to use responses to commercially advertise for personal purposes or for third parties. This particularly applies to advertisements for other Internet offers or advertisements for chargeable service numbers.

11. SIM SpA checks profiles in accordance with the options available for compliance with these usage terms. However, SIM SpA does not accept co-responsibility for the content of the profiles.

6. Dissolution of the contract, termination

1.     The user is entitled to withdraw from the contract concluded at any time. The user is not entitled, however, to receive any refund for this.

2.     If a user violates these Terms of Use, SIM SpA is entitled to block access or delete the corresponding entry in full at any time. If case of doubt, SIM SpA is entitled to make the final decision on the permissibility of the usage in question.

3.     Any incorrect details in the profile made on purpose or with the intent of fraud may lead to civil law action. This causes the contract to be dissolved without delay without any reimbursement of the fee paid to SIM SpA.

7. Liability limitations

1.     SIM SpA does not accept liability for damages resulting from the use of its Internet platform, interested parties, users or third parties.

2.     SIM SpA does also not accept any liability if its Internet platform is disrupted, functionally impaired or destroyed due to force majeure, strike, lockout, operational disruptions or external structural damage.

3.     SIM SpA excludes any warranty for the functionality of the Internet platform and makes no assurances regarding the correctness, suitability, reliability, punctuality or accuracy of the information placed thereon. This particularly applies for the salary details and salary ranges detailed.

4.     SIM SpA is not liable in situations where unauthorised third parties obtain knowledge of personal user data (e.g. unauthorised access by "hackers" to the SIM SpA database).

5.     SIM SpA is also not liable in situations where third parties misuse details and information made available to them by the users themselves.

6.     SIM SpA does not accept responsibility for any delay, deletion, incorrect transfer or storage failure of communication between users or in connection with personally designed areas.

8. Amendments to the Terms of Use

1.     SIM SpA reserves the right to redesign the Terms of Use.

2.     The user declares his consent to applying the amended Terms of Use to contracts that were concluded before the amendment, if SIM SpA notifies the user that the Terms of Use have been amended and if the user does not object to the amendment within a period of two weeks, starting from the day following the notification of the amendment.

3.     In addition to the reference to making available the amended text, the amendment notice must also include the reference to the opportunity to object and the period of objection, as well as the significance or consequences of not objecting. The amendment notice can be sent by E-mail to the E-mail address provided by the user.

9. Other provisions

1.     All content of SIM SpA is protected by copyright. It is not permitted to copy or otherwise publish content which includes, in particular, user profiles and E-mail addresses, unless SIM SpA has authorised this in writing.

2.     SIM SpA is not liable for damage to computer systems or personal annoyances or damage to users of SIM SpA that is attributable to viewing and using SIM SpA, responding to a profile, a fault of SIM SpA's Internet or hosting provider or to calling up external links (includes advertising banners).

3.     SIM SpA may exclude users from further using individual or all offers of SIM SpA or rejecting individual profiles without notice and without having to provide a reason.

4.     If an excluded user continues to use SIM SpA's Internet offer - e.g. by assuming a different identity - SIM SpA reserves the right to take legal action.

5.     The operation of SIM SpA is at the sole discretion of SIM SpA. SIM SpA is entitled but not obligated to check the content of any text and any photo entered in relation to the guidelines underlying these provisions and, if necessary, to amend or delete it.

6.     The contractual relations between the Parties are subject to Italian law.

7.     The sole place of jurisdiction is Rome, Italy

10. Severability

Should individual provisions of these terms of use be or become invalid this will not affect the validity of the remaining provisions of these terms of use. The invalid or incomplete provision will be replaced by or extended to include a provision that most closely approximates to the commercially desired result.

11. Revocation instruction

Right of revocation

You can revoke your declaration of intent to conclude the contract without stating reasons in writing (e.g. letter, fax, E-mail) within 2 weeks.
The period commences at the earliest on receipt of this instruction. Sending the revocation within the time limit is sufficient to ensure that the time limit of the revocation is met.
Direct the revocation to:

Società Italiana di Monitoraggio - S.p.A. SIM SpA
Via Ticino, 6 - 00198 Rome - Italy
Tel: +39.06.8415400
Fax: +39.06.8541101

Consequences of revocation

In the case of an effective revocation, the goods and services received by both sides must be returned and, where applicable, benefits derived must be surrendered (e.g. interest). If you are unable to return the goods and services received in full or in part or only in a deteriorated condition, you must compensate us for lost value if necessary.

Special notes

Your right of revocation expires prematurely if your contractual partner has started providing this service with your explicit permission before the end of the revocation period or you have arranged for the service yourself (e.g. by means of downloads etc.).

End of the revocation instruction