Terms of Service

1. Premise

The following Terms of Service (“User Terms of Service” or “User ToS”) refer to the Website www.meritocracy.is (“Website”) and govern the use of the Website and all content available at or through the Website (collectively, the “Service” or the “Services”) offered to the customers of the Service (“User” or “Users”, or “You”). The Service is owned and operated by Coverclip S.r.l, with registered office in Via Giuseppe Meda, 15, Milano (Italy), VAT no. IT08450800969 (“Coverclip”, “We”) and the use of it is subject to the acceptance of the Service and the User Terms of Service, and includes all the terms of the Agreement between Coverclip and the User, the operating rules and the Privacy Policy, and all the procedures that may be published from time to time on the Website by Coverclip.

Please read these User Terms of Service carefully before accessing or using the Service. By accepting or using any part of the Service, the User agrees to become bound by the present User Terms of Service. If the User does not agree to all or any of the terms of these User Terms of Service, then he/she may not access or use the Service.

In order to access the Services, the User shall register at the dedicated area of the Website www.meritocracy.is, as described in these User Terms of Service (Registration).

2. Subject of the Agreement

2.1 Coverclip has developed a digital platform available on the Website and on Coverclip applications for portable devices (“Meritocracy” or “Digital Platform”), aimed at promoting the crossing of job supply and demand. Job seeking Users can submit their candidacies by entering their personal data and any work skills and/or experiences they may have acquired, by using the on-line forms available on the Website, and optionally enclosing their personal Curriculum Vitae (“Curriculum Vitae” or “CV”).

2.2 The characteristics of the Digital Platform and its operating and functional features are set forth and may be unilaterally modified by Coverclip.

2.3 The User acknowledges and agrees that the use of the Digital Platform is a “Saas” (Software as a Service), provided “AS IS”, without any expressed or implied functional warranty, and waives Coverclip from any liability related to any malfunctioning or data loss resulting from problems in the use of the Digital Platform.

2.4 Services provided through the Digital Platform are exclusively intended for users of or older than 18 years of age. Any access or use of the Website or the Services provided through the Digital Platform by users under 18 years of age is expressly forbidden. By accessing or using the Website or the Services, You represent and warrant that You are at least 18 years old, and You specifically agree to these User Terms of Service.

2.5 Coverclip can include in the Services for Users both free of charge and pay services on the grounds of subscription plans that may be published in the Website and bought by the User, as indicated in the Website. In case of pay services, the related payment methods shall be published on the Website.

3. User Registration

3.1 In order to use the Services provided by the Digital Platform, the User shall register at the dedicated page, following the instructions hereunder.

A. Registration through Facebook ®

a.1 The User who chooses to sign up for Meritocracy through his Facebook® profile shall do so by clicking the specific button “ Sign Up with Facebook”, through which he/she shall connect his/her open Facebook account to Meritocracy, thus creating the User Account as described in article 4 below. By clicking the above said button, the User agrees to Meritocracy Privacy Policy and to the present User Terms of Service. Thereafter, the User shall expressly authorize Coverclip to disclose his/her personal data to third firms for sole purposes related to recruitment. Under no circumstances can Coverclip come into possession of the User’s Facebook account log-in information, which remain under the User’s sole control and responsibility. The Widget linking Facebook® account to Meritocracy is a product and a service provided through Facebook Inc. (and its subsidiary companies), and the User can any time disconnect his/her Facebook® account from Meritocracy, albeit this will imply non-performance of the User Account as above created.

a.2 The User represents that his/her Facebook® profile used for the registration is real, truthful and refers to him/herself only, and that the information therein is true. Should the information included in the User’s Facebook® account not be sufficient for Coverclip to provide the recruitment Services, Coverclip reserves the right to ask the User for extra information in order to complete his/her profile.

a.3 After signing up through Facebook® account, the User shall enclose, at his/her discretion, a CV. Data and information included in the enclosed CV shall be processed in accordance with the applicable regulation concerning privacy and in compliance with the specific provisions of the Privacy Policy available in the Website. Such personal data and information may be used by Coverclip and third firms solely for purposes related to the present User Terms of Service and Meritocracy Privacy Policy.

B. Registration through CV submission

b.1 The User, at his/her sole discretion, can sign up for Meritocracy directly by submitting his/her CV, thus clicking the dedicated button “ Sign Up with Your CV”. In this case, a page for expressed consent to personal data disclosure to third firms will initially open, and then another page through which the CV file shall be uploaded by dragging such file directly into the dedicated box or by choosing said file from the archive selected by the User. By clicking such button, You agree to Meritocracy Privacy Policy and to the present User Terms of Service.

b.2 Data and information included in the submitted Curriculum Vitae shall be processed in compliance with the applicable regulation concerning privacy and according to the specific provisions of Meritocracy Privacy Policy. Data and personal information shall be used by Coverclip and by third firms solely for recruitment purposes, under these User Terms of Service and Meritocracy Privacy Policy. Should data and information included in the User’s CV not be sufficient for Coverclip to provide the recruitment Services, Coverclip reserves the right to ask the User for extra information in order to complete his/her profile.

C. Registration through manual entry of the User’s personal data.

c.1 The User shall sign up for Meritocracy by clicking the button “Sign Up Manually”, thus manually entering the required data in the dedicated online form (name, surname, email, password, date of birth, Country). By clicking this button, the User agrees to Meritocracy Privacy Policy and to these User Terms of Service, and shall expressly authorize Coverclip to disclose his/her personal data to third firms for recruitment purposes as described in these Terms of Service.

c.2 You represent that the information and data provided during manual registration are truthful and refer to Yourself.

c.3 Also after manual registration, the User, at his/her sole and aware discretion, may enclose his/her CV.

c.4 Data and information included in the enclosed CV shall be processed in accordance with the applicable regulation concerning privacy and in compliance with the specific provisions of Meritocracy Privacy Policy. Personal information included by the User shall be used by Coverclip and by Coverclip’s Clients only in connection with the recruitment Services according to these User Terms of Service and the Privacy Policy, and only upon release of the afore mentioned informed and expressed consents.

D Common Provisions for the three registration methods at Meritocracy

The User who signs up for Meritocracy through Facebook®, or by uploading his/her CV, or by entering his/her email, is acquainted with the following terms:

d.1 The User must not share with Coverclip or Coverclip’s clients or collaborators any sensitive and/or judicial data as per article 4, paragraph 1, letters d) and e) of Legislative Decree no. 196/2003. Users who, in exceptional cases, with relation to specific job opportunities or searches, may have to disclose sensitive and/or judicial data to Coverclip shall provide these data only upon expressed written consent, in compliance with the provisions of section 3.3. of Coverclip Privacy Policy, through the dedicated written Consent Form, duly signed. Should this Consent Form not reach the above listed addresses, Coverclip shall not process Sensitive and Judicial Data, and therefore shall not guarantee to provide the Digital Platform Services in compliance with the applicable regulation concerning User’s privacy.

d.2 The User further undertakes, and thus takes any related responsibility, to put his/her utmost care when including files, in order to prevent sharing of documents that may be unrelated, irrelevant, or may contain confidential or subject-to-privacy information, and/or information concerning persons other than the User and who have not expressed any consent to the use of such documents.

d.3 The User waives Coverclip from any liability and/or claim for compensation that may arise from the view of any included document that is or may be unauthorized, and/or belong to and/or derive from third parties alien to the use of the Services and the Digital Platform.

d.4 Therefore, Coverclip shall not be in any way responsible for any content, information, image, picture included in the files submitted at the moment of the User’s registration at Meritocracy, whether intentionally included or not.

4. Creation of the User Account and responsibility for the use of it.

4.1 At the moment of the User’s registration as described in article 3 above, Coverclip shall create an account dedicated to him/her (“User Account”), through which the User shall organize job supply and demand as well as modifying, supplementing and/or deleting the data which he/she has previously entered.

4.2 Subsequent to the creation of the User Account, and on the grounds of the information concerning education, experience, and career requests provided by the User, this latter shall be contacted by potential employers or directly by Coverclip, both through the dashboard made available in the User Account and through the email provided by the User to Coverclip at the moment of signing up for Meritocracy.

4.3 Since Coverclip provides only the Digital Platform and the Services related thereto, Coverclip shall not be deemed responsible or liable for the content of any communication sent to the Users by potential employers and vice versa, including files, images, and pictures attached thereto, which are completely outside of Coverclip’s control.

4.4 The User warrants that any ID and password provided by Coverclip at the time of Registration shall be kept confidential and guarded, according to the applicable laws and to the best security practice developed in this field, and in compliance with this Agreement, including any case in which the User might provide access data to authorized third parties. Coverclip shall not be held liable for any damage that the User or any third party might suffer as a result of any unlawful use of the access data.

4.5 The User is responsible for the User Account and for any activity taking place through him/her, and undertakes to immediately notify Coverclip of any unusual activity or activities, or any suspect breach of security, or any unauthorized use of the User Account. Coverclip shall not be held liable for any matter occurring as a consequence of any unauthorized acts or omissions, of which the User failed to notify. The User cannot create more than one User Account related to him/herself.

4.6 Should the User allow others to use the Digital Platform, and should these third parties enter data, post files of any type or format, images or any other content, the User shall be the sole responsible for such activities and for any claim for compensation which may arise therefor.

4.7 Coverclip reserves the power to terminate the User Account any time it is informed of any unlawful, or otherwise non-complying with these User ToS and Privacy Policy use of the User Account, and anyway at Coverclip’s discretion.

4.8 The User understands and acknowledges that he/she has no ownership of the User Account, and in case he/she decides to terminate it, any of its content, including the CV, files, images, job offers, and mail shall no longer be publicly available or retrievable by the User. Therefore, in case the User intends to retrieve the files uploaded to the User Account, he/she shall do so before the Account is disabled.

4.9 The User is aware that additional copies of the CV, files, images, and mail may further be present in other spaces or archives (such as the inner ones of the employers who may have contacted the User), for which Coverclip shall in no way be responsible.

4.10 Anyway, the User is aware that, once the User Account has been disabled, the information and contents therein may be further available for the time necessary to remove them through Coverclip’s servers, for the purposes of any legal fulfilment and/or any possible User Account reactivation request.

5. User’s Responsibility and Obligations.

5.1 The User, at the time of Registration and hence of acceptance of these User Terms of Service and Privacy Policy, undertakes not to:

- publish, post or enclose to the Website or to any Meritocracy application personal details and/or CV which are untrue, incomplete, false, imprecise or otherwise alien to the User;

- enclose or post CV, enter data or apply for posts on behalf of any third party;

- post and/or enclose any content or material related to false or misleading information, or related to any activity which may be illegal, unlawful or contrary to public order or morality;

- make publicly available more than one copy of the same CV at the same time;

- access data not belonging to the User, or register at a server or with an Account which the User is not entitled to access;

- post any content linked to pages with restricted or password-protected access, or hidden pages or images;

- send unsolicited mail or e-mail, make unwanted phone calls or send unwanted fax, aiming at promoting and/or advertising products or services alien to the Services offered by Meritocracy Digital Platform;

- disclose, reveal, share with any third party access data to his/her own User Account;

- request any password or sensitive personal data to other Users;

- delete or tamper with any material enclosed and/or provided by other Users or entities;

- attempt to interfere with other Users’ services, hosts or networks, including but not limited to sending any virus to the Digital Platform or to Meritocracy Services, overloading, "flooding", "spamming", "mailbombing" or "crashing";

- enter, attach, post or endorse illegal and/or unauthorized copies of other people’s works that may be copyrighted, such as, but not limited to, making pirate software or links thereto available, providing or otherwise making available information able to get through copy-protection systems, providing or enclosing pirate music or any other device or link;

- publish, provide or enclose any file with pornographic, child abuse, erotic, indecent content, unsuitable for people under the age of 18, and content or expressions involving fanaticism, racism, and violence;

- harass, incite or support harassment of any group, business or individual;

- use the Services offered by Meritocracy platform for any other illegal or unlawful purpose or activity, to post, enclose or submit any content, CV or ad that may be libelous, defamatory, hatred-passing, racist, threatening, discriminatory, able to create indignation, embarrassment, anxiety to people, explicitly or implicitly offensive, vulgar, obscene, threatening, or otherwise involving links to pornographic materials or any other sexually explicit content.

5.2 Coverclip reserves the right to remove or modify, without necessary prior notice, any data or information entered, published and/or enclosed by the User, and any other content otherwise related to the User Account which involves or may involve any breach of mandatory law provisions or third party rights, or obligations undertaken by the User. In this case, Coverclip will inform the User of such removal or change.

5.3 The User acknowledges and agrees that any data and information related to Meritocracy Account may be kept recorded by Coverclip for security reasons related to such data and/or for the purpose of performing the Agreement and/or any legal obligations and/or measures taken by public Authorities.

5.4 In general, any breach of the system or network security can result in civil and/or criminal liability. Coverclip shall investigate on such breaches, and shall involve or cooperate with the Authorities in charge of law enforcement, for the purpose of prosecuting Users responsible for said breaches, and, if necessary, upon termination of the User Account as provided in these User ToS.

6. User Privacy

6.1 Coverclip puts its utmost care in processing Users’ personal data in accordance with relevant applicable laws on privacy, as stated in Meritocracy Privacy Policy, to which we herein invite You to refer.

6.2 Coverclip cannot transfer to any third party any data provided by the User, except for Coverclip’s clients and partners, exclusively for recruitment purposes, and upon the User’s expressed authorization. The User is aware that failing his/her expressed consent to disclose his/her data to Coverclip’s client firms for recruitment purposes, Coverclip may not be able to provide the Service.

7. Content Posted on other Websites

7.1 Coverclip does not review and cannot review all the material, including computer software, made available through services and links. Coverclip has no control over such services and webpages, and is not responsible for their content or use.

7.2 The User is responsible for taking all precautions as necessary to protect the computer systems used for connecting to Meritocracy services from viruses, worms, Trojan horses, and other harmful or destructive content. Coverclip declines any liability for any harm resulting from the use of non-Coverclip websites and webpages.

7.3 The Website may contain links, banners, ads or other internet means of redirection to external services operated and/or provided by third parties. Liability related to any service provided by third parties other than the Service described in the present ToS for Users, and not necessarily reviewed, endorsed or approved by Coverclip, shall bear upon the User. Coverclip is not and shall not be held liable for such external services, which will be subject to ToS and Privacy Policy under third parties’ control.

8. Coverclip Content

All rights, titles and interests in and to the Website, including, but not limited to, its software or HTML code and other computer code contained in both the Website back-end and front-end components, the Website itself, the User interface, text, graphics, scripts, photographs, images, designs, audiovisual materials, codes, software, algorithm, and any other material that forms anyhow part of the Website and of the Digital Platform (collectively, " Coverclip Content") is owned by Coverclip and/or its licensors, if any, except for any data, information, internet accounts, logos, and tradenames provided by the User and Coverclip’s client Firms, each of whom shall remain the owner of such intellectual properties, which may be used by Coverclip, free from royalties to said Users and third firms, solely for purposes of recruitment and Client firms’ promotion. Coverclip Content is protected by national and international intellectual property laws, including copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights. Nothing in this Agreement can be construed as a contract for software development, and Coverclip has no obligation towards Users to realize websites, including the User Account, or pages tailored to the needs of Users, and has no obligation to transfer any data, code, algorithm. Please refer to limitation of liability section hereunder.

9. Coverclip’s Trademarks and domain names and Third parties’ Trademarks and domain names

9.1 “Coverclip”’s names and logos as reproduced in the Website or in Coverclip’s brochure and documents ("Coverclip’s Trademarks"), whether registered, unregistered or under registration, in Italy or abroad, are property of or licensed to Coverclip by its licensors or sub-licensors, if any. Save as otherwise agreed in the User ToS, the User is not entitled in any way to use Coverclip’s Trademarks and any use by Users of Coverclip’s Trademarks is forbidden, save as expressly allowed under these ToS.

9.2 The firms’ tradenames and logos other than Coverclip’s trademarks, as reproduced in the Website or in Coverclip’s brochure and documents ("Firms’ Trademarks"), whether registered, unregistered or under registration, in Italy or abroad, are property of or licensed to each firm by its licensors or sub-licensors, if any. Save as otherwise agreed in these User ToS, the User is not entitled in any way to use the Firms’ Trademarks, and any use by Users of the Firms’ Trademarks is forbidden, save as expressly allowed under these ToS.

10. Copyright Infringement

Coverclip asks to respect its intellectual property rights, as it respects the intellectual property rights of others. If You believe that any material located on or linked to Meritocracy or any Meritocracy social network or mobile application violates Your copyright, You are requested to notify Coverclip. Coverclip will respond to all such notices, including, when required or appropriate, by removing the infringing material or disabling all links to the infringing material. In case the User or a third party authorized or unauthorized by him infringes or repeatedly infringes the copyrights or other intellectual property rights of Coverclip or others, Coverclip may, at its discretion, terminate or deny access to and use of the Service.

11. Limitation of liability in relation to the functioning of the Services

11.1 Although Coverclip provides the User with the Services necessary for the crossing of job demand and supply, and conveys these Services in such a way as to promote, also in favour of the User, the best professional placement on the grounds of his/her skills, needs, expectations and experiences, the User waives Coverclip from any liability in case he/she cannot find any job offer matching his/her requests, or the job offer singled out cannot be performed.

11.2 The User further expressly waives Coverclip from any liability and/or claim for compensation that may occur in case, following a job offer, the User starts an internship and/or a vocational training period which culminates in an interruption either by the employer or the same User, whatever the reason.

11.3 The User expressly waives Coverclip from ay liability and/or claim for compensation that may arise in case the employer, at the end of the internship and/or vocational training period, decides not to proceed with the relationship by entering into a different type of job contract, whatever the reason. The User acknowledges that Coverclip is not involved in any way in any work decision taken by the employer, and therefore Coverclip shall not be held responsible for any choice made by said employer.

12. Limitation of Liability with regard to the Service provided

12.1 The Service is provided “AS IS”, without warranty of any kind, including any implied warranties of merchantability or fitness for a particular purpose. Save as otherwise agreed, the license to use the Service is strictly personal to the Customer and not transferable to other third parties, whether individuals or legal entities. The User cannot transfer to any third party the password of his User Account and is strictly responsible for safeguarding it. Coverclip cannot be held responsible for any loss of the password of Your Account.

12.2 To the maximum extent permitted by applicable law, Coverclip shall in no event be liable to the User or any other end user or third party for any damage or loss arising out of the use of the Website or any information contained in or otherwise related to the products or services which may be sold through the Website, including, without limitations, any liability for:

(a) any data loss or corruption;

(b) any loss of or damage to hardware, software, or technical equipment (including Personal Computer, Tablet, Smartphone, or other portable device or any other device);

(c) any loss or damage which was not foreseeable by the User and/or by Coverclip;

(d) any loss or damage suffered as a result of failing to take reasonable precautions against such loss or damage, such as through the installation of reliable anti-virus software.

13. Exclusion of Coverclip’s liability

Coverclip shall not be liable for any indirect damage, whatever the cause, origin, nature and consequences thereof, including, without limitations, any cost borne due to loss of business opportunities, clients, data or any other loss of intangible goods caused by the use of the Website and Meritocracy Digital Platform, or by the impossibility to use the Website, the Digital Platform and/or Meritocracy Services, or by any reliance on the information directly or indirectly made available through the Website or through the Digital Platform. By using this Website, the User and any third party agree that, in case of any dissatisfaction relating to this Website, any part thereof and/or any product or service which may be made available through this Website, or any clause of these User ToS, the sole and exclusive remedy available to the User and to any third party shall be terminating the use of the Website or the Service. Coverclip declines any liability for any acts, omissions and conducts of any third party related to the use of the Website, including, without limitations, any liability for any third party’s content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law.

14. Customer’s Representation and Warrant y

14.1 The Customer represents and warrants that (i) the use of the Service will be in strict accordance with Coverclip’s Privacy Policy, with these User Terms of Service, and with all applicable laws and regulations, including, without limitations, any laws or local regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and (ii) the use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

14.2 Save as otherwise agreed, You acknowledge and agree that You may not and may not permit, assist or allow any third party to:

(a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works, sell, license or otherwise distribute any Content of any type belonging to or licensed to Coverclip, including but not limited to mirroring, framing or linking to any third party’s computer, server, website;

(b) access or use this Website or any of Coverclip’s Content for any commercial purposes, including any advertising activity on any third party’s website, platform or other online space or means;

(c) set any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or Coverclip’s Content or any part thereof, and/or anyhow reproducing the structure or appearance of the Website or any Coverclip’s Content, or circumventing any copy-protection device, obtaining or attempting to obtain any material, document or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;

(d) access or attempt to access any portion, section or feature of the Website, or any other system or network connected to the Website or any of Coverclip’s Servers, the access to which is not allowed, by resorting to hacking or any other unlawful technologies or means;

(e) probe or test the vulnerability of the Website or any other computer or network connected to the Website;

(f) breach the protection, security or authentication measures on the Website or on Meritocracy Digital Platform;

(g) trace or attempt to trace any information regarding any other user of or visitor to the Website, or any other Customer or User, or carry out any similar activity;

(h) exploit or use the Website, any other Coverclip Content, or any service or information made available or offered by or through the Website for any unlawful purpose or for purposes not allowed by these User ToS, or solicit the performance of any illegal activity or other activities which may infringe the rights of Coverclip or others;

(i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website or of the Digital Platform, or any systems or networks connected to the Website or to Meritocracy;

(l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or of the Digital Platform, or any transaction being carried out on the Website or on the Digital Platform, or with any other person’s use of the Website.

15. Applicable law and competent Court

These User Terms of Service are governed by and construed in accordance with the applicable laws of Italy, and any issues or disputes between the User and Coverclip arising out of or in connection with the Services, including those related to the validity, interpretation, performance and termination of the Agreement and the Terms of Service, shall be submitted to the exclusive jurisdiction of the Italian Court of Milano (Italy), without reference to any principle of conflict of laws.

16. Communication with Coverclip

Any communication or query from the User to Coverclip concerning these User Terms of Service may be sent via email to [email protected] with receipt confirmation from Coverclip, or via registered letter to Coverclip’s registered office. You acknowledge that these addresses may vary and, therefore, it is Your responsibility to check them before sending any communication.

17. Changes to the Terms of Service for Users

Coverclip reserves the right, at its sole discretion, to modify or replace any part of these User ToS, upon previous posting of the new ToS on the Website. You are responsible for checking these ToS periodically for changes. Your continued use of or access to the Service subsequent to the posting of any changes to these User Terms of Service imply acceptance of those changes. Coverclip may also, in the future, offer new services and/or features through the Service (including the release of new tools and resources as well as modification and termination of released features). These new features and/or services shall be subject to the terms and conditions of these User Terms of Service, save as otherwise specified by Coverclip.

Last Update: 9 October 2015

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