Terms and Conditions
GENERAL CONDITIONS 1.DEFINITIONS For the purposes of this code, terms as follow are intended with the meaning indicated below; it's assumed that plural terms have to be also meant in their singular acceptation and vice versa. Subscriber shall mean any natural subject that subscribed to the contract proposal. Application shall mean the application denominated trade4industry available on main and widespread portal operating system and mobile system (i.e. Smartphone and Tablet) of service Provider's ownership; GCC shall mean the present contract and its general conditions; Contract shall mean contract proposal along with GCC; Service provider or Service Supplier shall mean SC_EDIT, via S. Maurizio 1, 10091 Alpignano (Turin) entered into italian companies registration list, VAT company n°09295630017, with legal head office in Alpignano; Offers shall mean discounts, free gifts or other offers which subscriber intends to propose the Users on his products/services; Portal shall mean web portal host on site www.trade4industry, of Provider's ownership; Proposal shall mean subscription module undersigned by Subscriber; Services shall mean (i) profile placement on the web Portal, (ii) free access by Subscriber to data management with specific credit system and (iii) profile visualization by Subscriber, through Application; User shall mean end users visiting Portal and/or using the Application; Profile shall mean virtual space host in Portal, viewable from User through the Application and reserved for Subscriber to spread Profile to Users. 2.CONCLUSION OF THE CONTRACT 2.1. Proposal is revocable by the Subscriber within 30 days from the date of subscription. 2.2. Contract is meant to be concluded if, within the deadline provided for by clause 2.1, the Provider notifies in writing the acknowledgment of the Proposal for acceptance, or begins the furniture of services. 2.3. In case of non acceptance by the Provider, this will return, within the deadline provided for by clause 2.1, the amount possibly paid by the Subscriber. 2.4. The date of subscription is the one provided for by the contract. 3. SUBJECT-MATTER OF THE CONTRACT 3.1. The Provider undertakes to supply services to the Subscriber within the deadline provided for by clause 2.1, on condition of acceptance of the Proposal by the Provider according to clause 2.2. 3.2. In case of acceptance, the Supplier will send via e-mail to the Subscriber, within the deadline provided for by clause 2.1, opening data access to Portal. 4. SERVICES 4.1. The Subscriber, through the Portal, will access to his/her Profile, modifying its contents for their spread to Users. 4.2. Compilation of the Profile is under Subscriber's responsibility and will be visible to Users only at the end of on-line compilation procedure. 5. SUBSCRIBER OBLIGATIONS 5.1.The Subscriber undertakes to provide accurate and complete data. 5.2.The Subscriber undertakes to integrate his website with the icon/link to trade4industry' s Portal, for the purpose of making recognisable the subscription to Portal's Application. Upon termination of Contract's effects, the Subscriber will immediately remove trade4industry®'s network icon/link. 5.3. The Subscriber undertakes not to use the Application, the Portal: (a)with modality, formality or finality not allowed from relevant laws and regulations; (b)with non-commercial goals; (c)with spamming activities or similar, with pyramid schemes, such as chain letters and similar; (d)to spread worms or other kind of technologies that could, even potentially, damage Application, Portal, Services, Showcase, Users or third party; 5.4. Furthermore, the Subscriber undertakes not to: (a)Carry out any activity that could compromise the security of Application, Portal, Services, Showcase, Users or that could elude security measures adopted to prevent or limit the access to Application, Portal, Services, Showcase, Users, nor carry out any other activity that could cause an overload of technological infrastructures that support Portal, Application or Showcase; (b)Copy, reproduce, alter, modify or spread contents published by Subscribers without their expressed consent and within agreed modalities; (c)Upload or spread contents of inappropriate, slanderous, vulgar, or discriminatory nature that affect any third part's rights or that might be unsuitable to the network represented from the Application and the Portal, not use, within communication with other Subscribers or Users, slanderous, obscene, aggressive, inappropriate, or discriminatory language; (d)Upload or insert on the Portal or on the Showcase, with whatever methodology or process, contents, images, photos, videos, music files, texts, illustrations, brands, distinctive trademarks, logotypes, prototypes, or any other information protected by intellectual property of third part, of which Subscriber has not right of use. (e)Upload contents that involve personal data of third part (including images or audio files that may be produced therefrom) nor sensitive data ( such as data provided to reveal racial and ethnical origin, religious, philosophical or any other belief, political opinion, affiliation to political parties, trade unions; religious, philosophical, political, union associations and organizations , as well as personal data provided to disclose health status and sexual life). 5.5. Should the Subscriber become aware of a breach of the agreement by other Subscribers, he/she undertakes to inform the Provider without undue delay. 6. LICENSE AND WARRANTIES 6.1. With the uploading and/or dispatch of contents on the Showcase, the Subscriber grants the Provider an unlimited, never-ending, free and non-exclusive license to the publication of such contents and the right to carry out all operations and elaborations that are necessary and aimed to such publication, including storage. 6.2. The Subscriber declares and guarantees: (a)To be titular or in charge of the processing of contents uploaded and/or dispatched on the Showcase; (b)That the publication of such contents on the Showcase does not constitute a breach of rights, including that of intellectual property, of third part. 7. SERVICE PROVIDER'S POWERS 7.1. Service provider can modify and/or substitute the denomination of Portal's dominion without liability obliges in favour of the Subscriber or Subscriber's right to resolution of the contract. 7.2. Whenever the Provider observes breaches to those originally agreed in the contract by the Subscriber, the Provider will, at his/her own incontestable discretion and without liability obliges in favour of the Subscriber or Subscriber's right to resolution of the contract: (a)Remove the content from the Showcase; (b)Suspend Showcase's publication and Services providing; (c)Annul the Showcase from the Portal; (d)Terminate the Contract; (e)Deny the Subscriber further accesses or registrations to the Portal; (f)Undertake any possible action for his/her own safeguard, including actions undertaken in order to obtain compensation, against the Subscriber. 7.3. The Provider will modify, suspend or interrupt, in whatever moment and at his/here complete discretion, the Application and/or the Portal and/or the Services. Of such modifies, suspensions or interruptions will be given specific communication by means of insertion of adequate announcement on the Portal. In such a case, the Subscriber will have the right to rescind the contract within 15 days from the insertion of such adequate announcement, sending a notification by means of registered letter to the Provider; such termination becomes effective after 30 days from the reception by the Provider. Following such rescission, the Provider will give back to the Subscriber, pro-rata aside by unexpended period of time, detracted 60% of such pro-rata, the amount paid for the furniture of Service. 8. MALFUNTIONS 8.1 Whenever, for causes not ascribable to Provider, the Portal presents malfunctions or its practicality ceases at all, the Provider can move the Showcase on another web site with contents similar to the Portal or pointed towards the same category of Users without liability obliges in favour of the Subscriber or Subscriber's right to resolution of the contract. 8.2. Provider won't be considered responsible for mistakes, omissions, interruptions, cancellations, deficiencies, operative or broadcasting delays, breakdown of lines of communication, theft, demolition, unauthorised access, or alteration of whatever content dealing with the Application, the Portal, Services or the Showcase. 8.3. Provider won't be considered responsible in relation to whatever problem or technical inconvenience to networks or phone lines, online processing systems,server or provider, IT equipment, software, e-mail or software mistakes that could invalidate the functionality of the Application, Services or that of the Showcase. 9. LIABILITY OF THE SUBSCRIBER 9.1. The Subscriber declares to be aware of the regulations relevant in the field of advertisements; furthermore, he/she declares to fulfill every obligation prescribed therein. 9.2. The Subscriber has the sole responsibility of truthfulness, lawfulness, accuracy and right to the employment of information and contents on the Showcase, as well as of data and information spread to other Subscribers or to Users. 9.3. The Subscriber will keep the Provider relieved from any responsibility, request, demand, even compensatory, expense or cost, that could be moved by third part with reference to information and contents on the Showcase, notwithstanding Subscriber's liability of damages caused to the Provider. 9.4. The Subscriber will keep the Provider relieved from any responsibility, request, demand, even compensatory, expense or cost, that could be moved by Users with reference to offers, notwithstanding Subscriber's liability of damages caused to the Provider. 10. DURATION 10.1. The contract shall remain in effect for 12 months from the effective date of subscription of the Proposal. 10.2. The Provider has the right to terminate the contract at any time, sending to the Subscriber a notification by means of registered letter or Certified e-mail with 15 days of advance notice. In such circumstances, the Provider will give back to the Subscriber, pro-rata aside by unexpended period of time, the amount paid for the furniture of Service. 11. EXPRESS TERMINATION CLAUSE 11.1. According to Italian law the Provider has the right of withdrawal whenever the Subscriber is defaulting in relation to liabilities expressed in Clause 5 (SUBSCRIBER OBLIGATIONS). 12. CONTRACT ASSIGNMENT 12.1. The Subscriber is not allowed to assign the contract or credits derived from it to third part without prior written authorization of the Provider. 12.2. The Subscriber gives from now his/her consent in order that the Provider assign to Third Part the contract, in any time even by means of company's or branch of company's cession, or conferment of company or branch of company. 13. NOTIFICATIONS 13.1. Each notification turned to the Provided shall be carried out by means of registered letter to the following address: SC-EDIT, Via S: Maurizio 1, 10091 Alpignano (Turin) [ ]or by means of Certified e-mail to trade4industry: email@example.com 13.2. Notifications turned to the Subscriber will be carried out to addresses specified in the Contract. 14. PROCESSING OF PERSONAL DATA 14.1. The Provider declares that processing of Subscriber's personal data will be carried out pursuant to Article Italian law and the Subscriber gives his consent to processing of his/her personal data, even in electronic form. 15. FINAL DISPOSITIONS 15.1. Attachments constitute an integral part of the contract. 15.2. The Contract nullifies and substitutes any other previous verbal or written agreement between parts with the same subject-matter. 15.3. Whichever modification to the Contract must be agreed upon between parts in written form. 15.4. The potential behavioural tolerance in case of breach of contract's instruction does not represent a renounce of rights ascribable to breached instructions, nor the right to demand the full compliance of all terms and conditions here envisaged. 16. COMPETENT COURT AND APPLICABLE LAW 16.1. The Contract is exclusively governed by Italian Law.