General Terms and Conditions of Use
Last update: March 23, 2022
Careful reading and acceptance of this document are necessary conditions for registration on the Site and access to the Portal services. By clicking on "REGISTER"/"I accept", registering, accessing the - or using the services of the - Portal, Users accept and agree to comply with these Conditions.
The natural person User represents and warrants that it is of legal age and possesses the legal capacity required by law to accept the contents hereof.
If the Conditions are accepted on behalf of a third party, legal entities, associations or other bodies, the User represents and warrants that it has the powers of representation of the entity and, in any event, that it is lawfully authorized to accept the Conditions, thereby binding the represented party.
1. Definitions
1.1. In these Conditions, terms capitalized shall have the meanings set forth below unless a different meaning is explicitly stated.
- 1.1.1. Account: this is the restricted part of the Site reserved for a Subscriber, accessible through the use of Credentials. Access to the Account allows to use the Portal services.
- 1.1.2. Company: INGEDING S.r.l., with registered office at Corso Rosmini No. 53-A, (38068) Rovereto (TN), VAT No. 02663180228.
- 1.1.3. Conditions: these general terms and conditions for the use of the Site and Portal and for the formulation of Offers and Responses to Offers.
- 1.1.4. Credentials: these are the user ID and password assigned to the User to access its Account and use the Portal services.
- 1.1.5. Offer: any advertisement of offer or search for professional services posted on the Portal by Subscribers.
- 1.1.6. Portal: that part of the Site reserved for Subscribers, through which Offers and/or Responses to Offers are displayed and/or posted.
- 1.1.7. Response to Offers: each expression of interest in reference to a specific Offer.
- 1.1.8. Site: means the website accessible at www.ingeding.it and its subdomains.
- 1.1.9. Subscribers: all individuals registered with the Portal and provided with an Account.
- 1.1.10. User(s): means all persons visiting the Site, not yet registered on the Portal or otherwise not provided with Credentials.
1.2. In these Conditions, unless otherwise specified:
- 1.2.1. terms reported in the masculine also include the feminine, and vice versa;
- 1.2.2. terms reported in the singular also include the plural, and vice versa;
- 1.2.3. in the event that a number is reported in figures and in letters, and the two of them are in conflict, the indication of the number in letters will prevail.
2. Scope of Application and Download
2.1. These Conditions apply to (i) the browsing and use of the Site and Portal features; (ii) any services available through the Portal; and (iii) all Offers and Responses to Offers made through the Portal.
2.2. These Conditions are available on the Site and each User may review them at any time and keep them by printing them out or saving the PDF file, or other commonly used format that the Company will make available at its discretion.
3. Registration
3.1. Access to the Portal is reserved to Subscribers. The Portal is reserved for professionals registered in the following registers: engineers, surveyors and architects, and companies or other legal entities whose corporate purpose includes the performance of activities in these fields.
3.2. In order to register and obtain an Account, the User must provide the information indicated in the registration form available on the Site. Except as provided in Article 3.3 below, in case of only partial completion of the registration form, it will be impossible to open the Account.
3.3. Users who at the time of registration are not in possession of a VAT Number may still register on the Portal, omitting to fill in the relevant field of the registration form, it being understood that in this case the Account will have a duration of 12 (twelve) months and that, at the end of this period, the Company reserves the right to cancel and/or not renew the Account, if the Subscriber has not communicated the VAT Number to the Company and/or otherwise through the Portal.
3.4. In filling out the registration form, the User:
- 3.4.1. declares and guarantees that all the information required for registration and provided is true and accurate;
- 3.4.2. undertakes to preserve the accuracy of such information and to immediately notify the Company of any changes;
- 3.4.3. accepts and undertakes to comply with these Conditions.
3.5. The User is solely responsible for the truthfulness, correctness and authenticity of the data and documents provided. It is strictly forbidden to enter false and/or invented and/or fictitious data or data relating to third parties. No responsibility can be charged to the Company in relation to untrue data and/or documents sent by the User, as well as in relation to any errors that may be contained in the tax documents sent by the Company to the Subscriber, attributable to errors or omissions in the data provided at the time of registration.
3.6. Once the registration procedure has been completed, the Company shall activate the Account, within the technical time required at its discretion, by notifying the User. Access to the Account will be possible using the Credentials.
3.7. The Company reserves the right to perform the verifications it deems appropriate on the data provided by the Subscriber, reserving the right to cancel the registration at its discretion, if such data are found to be untrue. It is understood that the Subscriber is responsible for all data transmitted at the time of registration and that no burden of verification shall lie upon the Company.
3.8. Enrollment in the Portal is voluntary and is for one year. Until its expiration and within 10 (ten) days thereafter, the Subscriber may renew its registration, under the conditions applicable at that time, as published on the Portal, maintaining its configurations and recovering the previously published Offers. Any automatic renewal remains excluded. The Company may remind the Subscriber of the expiration of the Account, it being understood that any obligation of the Company to do so remaining excluded, as well as any liability in the event of expiration of the Account.
3.9. The subscription has an annual fee, as indicated by the Company at the time of registration and/or otherwise stated on the Portal, to be paid annually in advance. This fee may be different depending on the nature of the Subscriber (e.g., self-employed professional or company) and may be periodically revised by the Company, giving written notice to the Subscriber (including by e-mail), it being understood that the updated fee will apply only at the time of the following renewal.
3.10. The Company reserves the right to cancel the Account if it has not received payment of the annual fee within 15 (fifteen) days of (i) activation of the Account; or (ii) renewal, respectively.
3.11. The Company reserves the right to offer any free trial periods of the Portal services to new Users. In this case, payment of the fee will be required of the Subscriber at the end of the trial period.
4. Account Management
4.1. The Subscriber is required to keep the Credentials confidential and to take all necessary precautions to that end. The Account shall be managed exclusively by the Subscriber, who shall be fully responsible for all activities that occur within its Account.
4.2. The Subscriber agrees to notify the Company immediately if any unauthorized use of its Account or any other breach of security occurs, or is suspected to have occurred or is likely to occur, in addition to taking any action within its authority to remedy the reported breach. The Company is not responsible and cannot be held liable for losses and/or damages resulting from the Subscriber's failure to comply with the above requirements.
4.3. The Company reserves the right to suspend and/or cancel, at any time, a Subscriber's Account, in case of violation of third party rights, of provisions set forth in these Conditions and of any applicable and current legal provisions. In particular, by way of example but not limited to, the Company will proceed in accordance with this Article where the Subscriber:
- 4.3.1. has submitted false data or documents for registration;
- 4.3.2. does not diligently fulfill its obligation to keep and maintain the Credentials confidential;
- 4.3.3. publishes through the Site and/or Portal any text and/or image and/or other material that violates the rights of third parties and/or applicable legislation, or otherwise the Company assesses - in its sole discretion - to be contrary to common decency and/or morality or otherwise not aligned with the image of the Site and/or Portal.
5. The Portal and the Services
5.1. The Portal is a section of the Site, accessible only to Subscribers by entering Credentials.
5.2. The Portal allows Subscribers to post Offers visible to other Subscribers, while only the title and/or general information will be visible to all Users. Only Subscribers are enabled to post Offers and submit Responses to Offers.
5.3. While browsing and/or using the Portal, the Subscriber is not allowed to:
- 5.3.1. engage in conduct that causes harm to persons or infringes morality;
- 5.3.2. violate property rights and intellectual and/or industrial property rights of others;
- 5.3.3. transmit content with viruses, or other programs, which could damage the Site and/or the Portal or which could be transferred to other Users or Subscribers;
- 5.3.4. insert hypertext links or save or send content that is not permitted, especially if these hypertext links and/or content violate confidentiality obligations or are illegal;
- 5.3.5. disseminate unauthorized advertising or e-mails, participation in prize games, chain letters, pyramid schemes, and similar initiatives;
- 5.3.6. use the Portal for purposes other than those permitted herein including, but not limited to, advertising promotions of products or services, either one's own or those of third parties.
6. Operation of the Site and Portal
6.1. While the Company adopts appropriate and technologically advanced solutions to make the Site and/or the Portal constantly accessible and operational, it does not guarantee that these or any of their content, services or functionality will be free of errors, malfunctions, free of viruses or contamination or adverse effects, available without interruptions and downtime periods, compatible with any hardware or software or that any defects will be corrected or that the use of the Site and/or the Portal will provide the results expected by the Users and/or Subscribers. Any commitment by the Company to develop further functionality of the Site and/or Portal remains explicitly excluded.
6.2. The Company shall not be liable to the Subscriber and/or User for any amount for any reason whatsoever (including damages and indemnities) in connection with the use and/or inability to use the Site and/or Portal and/or in connection with any service interruptions or errors of the Site and/or Portal.
6.3. Access to or functionality of the Site and Portal may be occasionally restricted in order to carry out maintenance or updating activities of the same, without any need for prior notice to Users or Subscribers by the Company.
6.4. The Company is free to suspend, partially or completely, at any time, the operation of the Site and/or the Portal, without any need for prior notice to Users or Subscribers, where such suspension is necessary for technical reasons for the operation of the Site and/or the Portal including, but not limited to, security reasons.
6.5. The Company is free to modify, partially or completely, at any time, the Site and/or the Portal, as well as their content and functionality, without any need for prior notice to Users or Subscribers. In the case of the Portal, it is understood that such changes may not substantially and perceptibly diminish its performance and/or functionality for the Subscribers.
7. Publication of Offers
7.1. Subscribers acknowledge that possible assignments for engineering and/or architectural work and/or comparable technical assignments are processed through the Portal and agree not to use the Portal for different types of assignments.
7.2. Through the procedure available in the specific section of the Portal, the Subscriber may post Offers and may submit Responses to Offers. The Subscriber shall be solely responsible for the content of the Offers posted and/or Responses to Offers submitted, avoiding inaccurate, false or misleading information, and indemnifies and holds the Company harmless as of now from any liability and/or damage in any way connected therewith or arising therefrom. In the event of failure to complete fields that the Portal indicates as mandatory, the Offer will not be published.
7.3. It is absolutely forbidden to offer or request services that violate the law or are contrary to morality and common decency or are discriminatory in nature. The Company may intervene at its sole discretion whenever it deems it to be necessary, reserving the right to close the Account and/or cancel the Offer and/or the Response to the Offer and/or act in any appropriate forum to protect its own rights and those of the Subscribers, as well as to report such conduct to the competent authorities.
7.4. Except as permitted by applicable laws, the Subscriber shall not post Offers or submit Responses to Offers that require the disclosure of information concerning (i) racial or ethnic origin, (ii) political beliefs, (iii) religious or philosophical beliefs, (iv) trade union membership, (v) physical or mental health (vi) sexual life, (vii) the commission of crimes or the existence of legal proceedings against Subscribers or other third parties.
7.5. The Company assumes no obligation to publish Offers and reserves the right to cancel Offers or Responses to Offers that it deems, in the exercise of its discretion, to be inconsistent with these Conditions.
8. Agreements and Assignments
8.1. The Portal is solely for the purpose of publishing Offers, with the option for Subscribers to submit Responses to Offers, publicly and/or by private means, as from time to time made possible by the Portal. Subscribers authorize the Company to disclose their contact information to other Subscribers in the event of contact between Offer and Response to the Offer. It is understood that the Company is completely uninvolved in the negotiation of any agreements between Subscribers and/or between Subscribers and any third parties, the provision of any services between Subscribers and/or between Subscribers and any third parties, and that no liability is assumed or may otherwise be imputed to the Company with respect to such negotiations and/or services, including but not limited to any pre-contractual, extra-contractual and contractual liability.
9. Intellectual Property
9.1. The Subscriber and the User acknowledge and recognize that all industrial and intellectual property rights relating to software, algorithms, interfaces, texts and any other material or content of the Site and the Portal are the exclusive property of the Company or third parties. The use of the aforementioned materials and content may in no case imply the acquisition by the Subscriber and/or the User of any right of ownership or use, other than what is explicitly provided for in these Conditions. By way of example and without limitation, text, graphics, logos, buttons, icons, images, typefaces and fonts, audio files, digital content and data collections shall be deemed to be included in the provision of this Article. It is not permitted to use crawlers, robots, data mining systems or the like, for the acquisition or extraction of any part of the contents of the Site and/or the Portal, without the prior written consent of the Company.
9.2. The Company is the exclusive owner of the INGEDING trademark.
9.3. The Subscriber and/or the User declare that they have the ownership, or otherwise have the availability, of the intellectual property rights related to the content submitted by them to the Company for the creation of the Account and personal profile, as well as for the publication of the Offer and/or the Response to the Offer. The Subscriber and/or User warrant that such content does not violate these Conditions or any applicable provision of law and that it does not infringe in any way on the rights of third parties. The Subscriber and/or User agrees to hold the Company harmless from any action brought by third parties against the Company, in any way connected with the materials provided by the Subscriber and/or User.
9.4. By submitting to the Company, through the Portal, photographic material (including images depicting the Subscriber), text and/or other content, the Subscriber and/or the User grant the Company, free of charge, a non-exclusive license, with the right to grant sub-licenses and/or transfer it, to use the aforementioned content, including any trademarks owned by the Subscriber and/or the User. By way of example and without limitation, the Company may reproduce, publish, modify, adapt, translate, distribute and display in any part of the world such content and/or trademarks through any means of communication, provided that such activities are aimed at the performance of the activities referred to in these Conditions and/or at the advertising of the Site and/or the Portal and/or the Company's activities.
10. Withdrawal and Closure of the Site and/or Portal
10.1. The Subscriber may, at any time and for any reason, close its Account through the procedure available in the specific section of the Portal. In this case, no refund of the annual contribution will be due, despite the fact that the Subscriber has not enjoyed the entire period of subscription.
10.2. The Company may, at any time terminate - in whole or in part - the functionalities related to the Site and/or the Portal, giving notice to the Subscriber pursuant to Article 13. In the event that the functionality of the Site and/or Portal is terminated in its entirety, the Company will be obligated to return to the Subscriber that portion of the annual fee related to the period of subscription not enjoyed. It is understood that no other sum shall be due to the Subscriber, for any reason whatsoever, and that the Company shall have no other charges other than those expressly provided for in this Article.
10.3. The Company shall not be obligated to refund the annual fee in the event of cancellation or non-renewal of the Subscriber's Account provided for in Article 3.3. and in all other cases where such cancellation or non-renewal is otherwise related to the breach of these Conditions.
10.4. In the event of the Subscriber's withdrawal or otherwise termination of the Account, for whatever reason this occurs, any Offers posted on the Portal by the Subscriber will be made inaccessible through the Site/Portal, while the related data may be retained for the period indicated in the privacy policy available on the Site/Portal.
11. Limitation of Liability
11.1. The Company does not make any form of evaluation or selection of (i) the profiles of Subscribers and/or their skills; (ii) the suitability of Subscribers with respect to specific Offers; and/or (iii) the Offers.
11.2. The Company shall not be responsible in any way and for any reason and/or cause for (i) the statements published by the Subscribers; (ii) the continuation of contacts between the Subscribers and/or the interruption of negotiations related to reaching an agreement; (iii) the failure or non-achievement of an agreement between the Subscribers (iv) any failure of the Subscribers to comply with the provisions of the law and in particular with labor, social security and safety regulations by the Subscribers.
11.3. The Company does not act and cannot under any circumstances be considered as an employer with respect to any Subscriber or other relationship between Subscribers and/or Users, or between them and any third parties.
12. Processing of Personal Data
12.1. In the processing of personal data for the purposes of the management of the Site and the Portal, the Company complies with applicable legislation, in particular Legislative Decree 196/2003 (Privacy Code) and EU Reg. 679/2016 (General Data Protection Regulation). The information with respect to the processing of personal data of Users and Subscribers is made available in the appropriate section of the Site.
13. Communications
13.1. For the purposes set forth in these Conditions, communications will be sent in electronic form. Each notice, information or other communication sent and received in electronic form satisfies the requirement of written form when required by law, unless mandatory rules require a different mode of communication.
13.2. All communications from the Subscriber to the Company shall be sent by e-mail to the following address: contact@ingeding.it
13.3. All communications from the Company to the Subscriber will be sent by e-mail to the address indicated by the Subscriber in the registration form, or to the address subsequently indicated by the Subscriber by modification of its personal profile.
14. Assignment
14.1. The Company reserves the right to transfer, assign or dispose - at any time and without the need for any notice and/or authorization - of all or any of its rights or obligations under these Conditions, provided that the rights of the User and the Subscriber are not affected in any way.
14.2. The Company reserves the right to appoint third parties with the management of the Site and/or Portal - at any time and without the need for any communication and/or authorization from the Subscriber.
14.3. The Subscriber or User shall not assign or transfer in any way their rights or obligations under these Conditions without the written permission of the Company.
15. Modification of the Conditions
15.1. The Company reserves the right to update and/or modify these Conditions at any time.
15.2. Any amended Conditions shall be applicable and binding on Users and Subscribers from the time of their publication.
16. Applicable Law and Jurisdiction
16.1. These Conditions are governed by and shall be construed in accordance with the Italian law, with the exclusion of its conflict of law rules.
16.2. Any dispute concerning these Conditions and/or in any case the use of the Portal shall be under the exclusive jurisdiction of the Court of Rovereto, Italy, with the exclusion of any alternative jurisdiction.
17. Final Provisions
17.1. Each provision of these Conditions will be dealt with separately and independently of the others. The invalidity, nullity or otherwise ineffectiveness of any of the provisions of these Conditions will not affect the validity or effectiveness of the remaining provisions.
17.2. Failure or delay of the Company to exercise any of its rights under these Conditions shall not constitute a waiver of such right.
17.3. The Company is not required to keep a record of the Conditions in force over time. The Subscriber and User shall save or print a copy of these Conditions for their own future reference.
Last update: March 23, 2022