This license agreement must be read in full by the User before using the service and products accessible through the website www.giobby.com.
Please note that the use of products, software, services and websites of Giobby (referred to herein in this document as a whole to the “Services” and excluding any service provided to you by Giobby under a separate contract) is subject to the terms of this binding contract between the user and Giobby. “Giobby” means Digitalsoft Srl, whose registered office is in Via De Virgiliis, 2/4 – 66100 – Chieti (CH), ITALY.
Through the online registration procedure, clicking on the “Accept” button. Create my company “, or on similar buttons or links eventually designated by Giobby to demonstrate the approval by the user of any previous texts, it gives its consent to accept the terms and conditions of this contract and the” Rules on Privacy “and the” Regulation of the Giobby program “.
The internet web address “www.giobby.com” is a domain registered by Digitalsoft srl. All rights related to the material (texts and graphics) are reserved and exclusive, including all the contents within the site, whether they are texts, graphics and software. In no way Digitalsoft srl is responsible for damages caused due to the erroneous, pernicious or unauthorized use of the material contained in its domains. In no way Digitalsoft srl is responsible for the transmission of viruses that can infect the computer equipment used by those who explore the domains. In no way Digitalsoft srl is responsible for any damage that the use of its systems can generate.
1. Relationship between Giobby and User
This document provides explanations on how the contract is stipulated and establishes some of the terms of the contract.
1.1. Unless otherwise agreed in writing with Giobby, the contract between the user and Giobby will always include, at a minimum, the terms and conditions contained herein. These terms will be referred to below as “Universal Terms”.
1.2 Any Legal Notice applicable to the Services, in addition to the Universal Terms, will be included in the contract with Giobby. These terms will be referred to below as “Additional Terms”. If the Terms are applied to a Service, you can view it using the Service or within it.
1.3 The Universal Terms and the Additional Terms form a legally binding contract between the user and Giobby relating to the use of the Services. This contract is referred to below as “Terms”.
1.4 In the event of inconsistency between the provisions of the Additional Terms and the provisions of the Universal Terms, the Additional Terms shall prevail in relation to that Service.
2. Acceptance of Terms
2.1 Use of the Services is not permitted if the Terms are not accepted first.
2.2 Terms can be accepted: (a) by clicking to accept or agree to the Terms, where this option is made available to the user by Giobby in the user interface for any Service or (b) through the use of the Services. In this case, the user recognizes and accepts that his use of the Services will be considered by Giobby as acceptance of the Terms from that moment on.
2.3 The services can not be used and the Terms can not be accepted if the user does not have the necessary requisites required by law to stipulate a binding contract with Giobby, or if the user is a person who is forbidden to receive the Services to the under Italian or other state laws including the state in which you are a resident or from which you use the Services.
2.4 We recommend that you keep a copy of the Universal Terms for your archives.
3. Language of Terms
3.1 If Giobby has provided a translation of the Terms in a language other than Italian, the user accepts that the translation is made available only for his convenience and that the relationship with Giobby will be governed by the Italian version of the Terms.
3.2 In case of inconsistency between what is written in the Italian version and what is written in a translation of the Terms, the Italian version will prevail.
4. Supply of the Services by Giobby
4.1 Giobby may have subsidiaries and subsidiaries worldwide (“Affiliates and Subsidiaries”). These companies could provide the user with services for Giobby’s account. You acknowledge and agree that Affiliates and Subsidiaries will be entitled to provide the Services.
4.2 The user recognizes and accepts that the form and nature of the Services that Giobby provides, in the continuous search for innovation, may vary from time to time without being notified in advance.
4.3 The user acknowledges and agrees that Giobby may permanently or temporarily interrupt the provision of the Services or a part thereof, without the user being notified in advance. The user can stop using the Services at any time without informing this Giobby.
4.4 It is possible that the user does not have access to his / her account, its content and the use of the Services in the event that Giobby should disable the aforementioned account.
4.5 Giobby has the right to decide at any time to set maximum limits on the storage space provided for the use of the Services and the number of transmissions sent and received by the user.
5. Use of the Services by the user
5.1 The user undertakes to provide Giobby with exact information and to update Giobby on any changes to the personal data that may be required for registration and / or access to the Services.
5.2 The user agrees to use the Services for the purposes permitted by the Terms of Service and applicable laws and regulations.
5.3 In order to access any of the Services by means other than the interface provided by Giobby, the user must be specifically authorized by Giobby. In the absence of such authorization, the user undertakes not to attempt to access the Services by any means other than those mentioned above.
5.4 The user undertakes not to carry out any activity that interferes with or interrupts Giobby’s Services or infrastructure.
5.5 The user undertakes not to market, reproduce, copy or duplicate the Services, unless it has been specifically authorized by Giobby.
5.6 In case of violation or non-compliance with the Terms by the user, the user will be considered solely responsible for the possible consequences that may arise, including any damage that may be suffered by Giobby, which assumes no responsibility towards the user or third parties.
6. User account security
6.1 The user undertakes to keep the passwords reserved for the accounts he uses to access the Services.
6.2 For all activities that take place on your account, you are solely responsible to Giobby.
6.3 The user undertakes to immediately inform Giobby of any unauthorized use of his account or password.
7.1 The internet address www.giobby.com contains information relating to the user’s privacy during the use of the Giobby Services and the treatment, protection and confidentiality of data and personal information provided to Giobby.
8. Contents of the Services
8.1 For all data contained within the Services and those that can be accessed through the Services, the person from whom this data is derived is responsible.
8.2 Data and advertisements in the Services may be protected by intellectual property rights. The user is prohibited from trading, granting for any use, modifying, disseminating or creating works even partially deriving from such data, unless it has been specifically authorized by the data owners themselves.
8.3 Giobby may at any time view the contents of the Services. It also has the right to cancel, modify, report or filter, even partially, this content.
8.4 The user is aware of and accepts the risk that the content accessed with the use of the Services may not be to his liking.
8.5 The user who displays, transmits and creates data while using the Services is solely responsible for the consequences that may arise from doing so, including any damage that may be suffered by Giobby.
9. Proprietary rights
9.1 You acknowledge and agree that Giobby (or Giobby licensees) owns all legal rights, title and interest in and in relation to the Services, including any intellectual property rights that exist on the Services (whether those rights are to be registered or less, and whether those rights can exist in the world). The user also acknowledges that the Services may contain information that is qualified as confidential by Giobby and that the user will not disclose such information without the prior written consent of Giobby.
9.2 Unless otherwise agreed in writing with Giobby, nothing in the Terms gives you the right to use any of Giobby’s trade names, trademarks, service marks, logos, domain names and other distinctive marks of the brand.
9.3 If you have been given an express right to use any of these trademark trademarks in a separate contract with Giobby, then you agree that your use of such characters will occur in accordance with that contract, any applicable provision of the Terms, and the guidelines on the use of the distinctive signs of the Giobby brand as updated from time to time.
9.4 Unlike the limited license provided for in Article 11, Giobby recognizes and agrees not to obtain any right, title or interest from you (or its licensors) pursuant to these Terms in or to the Content you submit; , transmit or display on, or through, the Services, including any intellectual property rights that exist on that Content (whether those rights are to be registered or not, and whether those rights may exist in the world). Unless otherwise agreed with Giobby, the User agrees to be solely responsible for the protection and execution of those rights and that Giobby has no obligation to act in this way on his behalf.
9.5 You agree not to remove, obscure or alter any proprietary information (including copyright and trademark information) that may be posted or contained in the Services.
9.6 If it has not been expressly authorized in writing by Giobby to do so, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in any way that may or intends to cause confusion with reference to the owner or authorized user of such trademarks, names or logos.
10. Licensed by Giobby
10.1 Giobby grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the software provided by Giobby as part of the Services as provided to you by Giobby (referred to below as “Software”). This license is for the exclusive purpose of enabling it to use and enjoy the benefit of the Services as provided by Giobby, in a manner permitted by the Terms.
10.2 You may not (and may not allow anyone else to) copy, modify, create a derivative work from, reverse engineer, decompile, or otherwise attempt to obtain the source code of the Software or any part of it of the same, if not expressly permitted or required by law, or if it has not been specifically told to do so by Giobby in writing.
10.3 Except in the event that Giobby has expressly authorized it, you may not assign (or sub-license) your rights to use the Software, grant an interest in the security of or your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content in the license from you
11.1 The user holds the copyright and any other rights that you already own on the Content that you transmit, send or view on or through the Services. By accepting, sending or displaying the content, the user grants Giobby an eternal, irrevocable, worldwide license, royalty free and non-exclusive to reproduce, adapt, modify, publish, publicly perform, publicly display and distribute any Content you transmit, send or view on or through the Services. This license is for the sole purpose of enabling Giobby to view, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Giobby to make such Content available to other companies, organizations or individuals with whom Giobby has relationships for the provision of services sold, and to use such Content in connection with the provision of those services .
11.3 The user acknowledges that Giobby, in carrying out the technical procedures required to provide the Services to our users, may (a) transmit or distribute its Content on various public networks and by different means; and (b) make such changes to its Content as necessary to conform and adapt that Content to the technical requirements of connection networks, devices, services or tools. You agree that this license will allow Giobby to take these actions.
11.4 You confirm and warrant to Giobby that you have all the rights, power and authority necessary to guarantee the aforementioned license.
11.5 You agree to receive information about new services and products at your e-mail address
12. Software Updates
The Software you use may automatically download and install updates periodically from Giobby. These updates are designed to improve, increase and further develop the Services and can take the form of bug fixes, enhancement features, new software modules and completely new versions. You agree to receive such updates (and authorize Giobby to send them to us) as part of your use of the Services.
13. End of your relationship with Giobby
13.1 The Terms will continue to apply until the contract is terminated by you or Giobby as set forth below.
13.2 If you wish to terminate your contract with Giobby (in this case you are not entitled to a refund), you may act in the following way: (a) to communicate your wish to Giobby at any time and (b) close your accounts for all the Services that you use (if Giobby has made this option available). Your write communication must be sent to Giobby address that you can find at the beginning of these Terms.
13.3 After 90 days from the account closure by the user, Giobby will delete all data and documents entered by the same user in Giobby archive files; Giobby will store only data about Giobby is obliged to keep to comply with legal rules, competent authorities disposals, or in case Giobby has the legitimate interest to keep data to satisfy its rights (including trial in court), if it is permitted by law.
13.4 Before closing your account in Giobby, you have the burden to request with sufficient advance notice the copy of data, documents and all pieces of information that you have entered in Giobby archive files, based on data transfer method available and allowed at that time by Giobby infrastructure; therefore, you are the sole and exclusive responsible for any loss about data, documents and information that you have entered in Giobby, even regarding to third parties.
13.5 Giobby can at any time, terminate the contract with her if:
(A) you have violated any provision of the Terms (or acted in a manner that clearly shows that you do not intend or are unable to comply with the provisions of the Terms); or
(B) Giobby must behave in this way by law (for example, in the event that the provision of the Services against him is, or becomes, illegal); or
(C) the partner with whom Giobby has offered the Services has terminated its relationship with Giobby or has ceased to offer the Services; or
(D) Giobby is conducting transactions to no longer provide the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to the User by Giobby is, according to Giobby, no longer commercially viable;
13.6 Giobby may also terminate the contract with you, deactivate your account and delete your entire Content if your account is inactive for at least 6 months. Inactivity refers to the lack of use of Giobby’s services; This period is calculated starting from the last access / login to the Giobby systems; However, Giobby undertakes to notify the User, at least one month before deactivation / deletion, by e-mail which will be sent to the e-mail address provided by the User.
13.7 Nothing in this Section will inflict Giobby’s rights in connection with the provision of Services pursuant to Article 4 of the Terms.
13.8 When these Terms come to an end, all legal rights, obligations and liabilities of which you and Giobby have benefited, being subject to (or having accrued during the period in which the Terms have been in effect) or which are expressed for continue indefinitely, will not be affected by this termination, and the provisions of paragraph 20.7 will continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Guarantees
14.1 The Services are provided “as is” (in the factual and legal state in which they are) and Giobby, its Affiliates and Subsidiaries, and its licensees offer no warranty with respect to them.
14.2 In particular, Giobby, its Affiliates and Subsidiaries, and its licensees do not declare or guarantee that.
(A) Your use of the Services will resolve your needs,
(B) your use of the Services will be free from interruptions, timely, secure or error-free,
(C) any information obtained from you as a result of your use of the Services will be correct or reliable, and
(D) defects in the operation or functionality of any Software supplied to you as part of the Services will be repaired.
14.3 No condition, warranty or other term (including any implied warranty term, fitness for a purpose or compliance with the description) applies to the Services except to the extent that they are expressly set forth in the Terms.
14.4 Nothing in the Terms will affect those rights established by the law to which you are always entitled as a consumer and which you can not contractually agree to alter or renounce.
15. Limitation of Responsibility
15.1 Nothing in these Terms will exclude or limit Giobby’s liability for losses that can not be lawfully excluded or limited by applicable law.
15.2 Without prejudice to the general provision in paragraph 15.1 above, Giobby, its Affiliates and Subsidiaries, and its licensees will not be liable to you for:
(A) any indirect or consequential loss you may suffer. This will include any loss of profit (whether directly or indirectly), any loss of goodwill or commercial reputation, or any loss of data you have suffered;
(B) any loss or damage you may suffer as a result of:
(i) any assignment placed by you on the completeness, accuracy or existence of any advertising, or as a result of any advertising or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes that Giobby may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any part of the Services);
(iii) the cancellation of, the corruption of, or lack in depositing any Content or other communications of data maintained or transmitted by or through its use of the Services
(iv) your failure to provide Giobby with accurate account information;
(v) your failure to keep your password or your account details secure and confidential;
15.3 The limitations of Giobby’s liability to him provided for in paragraph 15.2 above will apply whether Giobby has been notified or has not been or should have been aware of the possibility of any loss.
16. Copyright and trademark policy
16.1 It is Giobby’s policy to respond to communications of alleged copyright infractions that comply with international intellectual property legislation and to close the accounts of persevering offenders. The details of Giobby’s policy can be consulted on the website http://www.giobby.com.
16.2 Giobby applies a procedure for complaints about the use of the trademark with reference to Giobby’s commercial advertising, details of which can be consulted on the website: http://www.giobby.com.
17.1 Some of the Services are financed by advertising and may display advertisements and promotions. These advertisements may refer to the content of information stored in the Services, requests made through the Services or other information.
17.2 The manner, mode and extent of advertising by Giobby on the Services are subject to change without specific communication to it.
17.3 In exchange for the concession by Giobby to access and use the Services, you agree that Giobby may put such advertising on the Services and authorize Giobby to send them, at its e-mail box, offers, advertising and marketing information.
18. Other content
18.1 The Services may include hyperlinks to other websites or content or resources. Giobby may not have control over any website or resource that is provided by companies or people other than Giobby.
18.2 You acknowledge and agree that Giobby is not responsible for the availability of some external sites or resources, and does not endorse any advertising, product or other material on or available through such websites or resources.
18.3 You acknowledge and agree that Giobby is not responsible for any loss or damage you may suffer as a result of the availability of those external sites or resources, or as a result of any reliance placed upon you on the completeness, accuracy or existence of any advertising, product or other material on, or available through such websites or resources.
19. Changes to the Terms
19.1 Giobby may make changes to the Universal Terms or Additional Terms periodically. When such changes are made, Giobby will make a new copy of the Universal Terms available at http://www.giobby.com and any new Additional Terms will be made available to you by, within or via the relevant Services.
19.2 You acknowledge and agree that if you use the Services after the date on which the Universal Terms or the Additional Terms have changed, Giobby will consider your use an acceptance of the Universal Terms and the updated Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided to you by another person or company. Your use of these other services, software or assets may be subject to separate terms between you and your company or person. In this case, the Terms will not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the entire contract between you and Giobby and govern your use of the Services (but excluding any service that Giobby can provide in a separate written contract), and completely replace any previous contract between you and Giobby in relation to the Services.
20.3 You agree that Giobby may provide you with communications, including those communications regarding changes to the Terms, by electronic communication, mailing, or sending the Services.
20.4 You agree that if Giobby does not exercise or perform any legal right or remedy that is contained in the Terms (or of which Giobby has the benefit under any applicable law), this will not be considered a formal renunciation of Giobby’s rights and that those rights or remedies will still be available for Giobby.
20.5 If any court having jurisdiction over this matter determines that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the remainder of the Terms. The remaining provisions of the Terms will continue to be valid and effective.
20.6 You acknowledge and agree that each member of the group of companies to which Giobby is a part will be the third beneficiary of the Terms and that such other companies will be entitled to perform directly and relate to any provision of the Terms conferring a benefit to (or right to favor of) these. In addition to this, no other person or company will be third beneficiary of the Terms.
20.7 The Terms and its relationship with Giobby according to the Terms, will be governed by Italian law. You and Giobby agree to submit to the exclusive jurisdiction of the Italian courts to resolve any legal disputes arising from the Terms. Notwithstanding this, you agree that Giobby is still authorized to apply for injunctive remedies (or an equivalent type of emergency order) in any jurisdiction.
01 January 2010
For any further information please contact us at any time through the website or by writing to the following address:
Via De Virgiliis, 2/4
66100 Chieti (CH)