THE INDUSTRIAL DIRECTORY
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GENERAL SERVICE CONDITIONS

1. Purpose

This document regulates the Conditions of the service agreement between the party subscribing to the Service, hereinafter the Client, and Mecalux (UK) Ltd., hereinafter Mecalux, under which information will be inserted in the Logismarket Industrial Directory, hereinafter the Service.

The purpose of these Conditions is to regulate:

  • The insertion of information about the Client and its products and/or services in the Industrial Directory owned by Mecalux, accessible via www.logismarket.co.uk (hereinafter: Portal).
  • Access to and use of the Portal by the Client.

These Conditions will be available in English and will be sent with the email sent by Mecalux to the Client confirming the Service subscribed.

The General Conditions to be applied to the Service subscribed by the Client will be those accepted at the time of signing the agreement.

Only the General Service Conditions currently in force will be available on the Portal. Mecalux reserves the right to modify these General Conditions.

2. The Service Contract

For the purposes of this document, the term Contract includes both these General Service Conditions and the Special Conditions.

The Special Service Conditions correspond to the characteristics of the Service, its price, the means of payment and payment terms chosen by the Client at the time of subscribing to the service on the Portal or those stated in the Order Form accepted by the Client.

The Service allows the Client to insert its products and/or services with images, videos, audio, PDF files and prices on the Portal. The different references that a product or service may comprise will be considered to be variants of such products and services. Products or services will be listed up on the basis of the information supplied by the Client, under the sole and exclusive responsibility thereof.

The Client states that it is fully informed of the content of Service it subscribes.

By placing the Order the Client accepts and is bound by the terms of this Contract. If the person who accepts these terms does so in the name of another person, of a company or another legal entity, he/she states and guarantees that he/she has full authority to bind that person, company or legal entity.

Provision of the Service is conditional upon final approval of the Contract by Mecalux, who will first validate the information and content provided by the Client. The Service Contract is deemed to come into force when Mecalux sends confirmation thereof to the Client by email.

Refusal by Mecalux to approve the Service Contract will not in any event give rise to any right to compensation.

3.- Services that can be subscribed

The Client may subscribe to the following services:

Annual Premium Subscription Service
This Service comprises:

  • Highlighted presence on the Portal.
  • Priority in lists of companies and products.
  • Possibility of advertising an unlimited number of products.
  • Unlimited leads for 12 months.
  • 4 months of random banner.
  • Payment of a flat rate.

Annual Plus Subscription Service
This Service comprises:

  • Inclusion in the list of companies and products.
  • Possibility of advertising up to 200 products.
  • Unlimited leads for 12 months.
  • Payment of a flat rate.

Pay Per Lead (PPL) Service
This Service comprises:

  • Inclusion in the list of companies and products.
  • Possibility of advertising up to 200 products.

Under this type of Service, the Client can access the number of leads (requests) stipulated in the Mecalux package subscribed. A "Lead" is any request for information and/or an estimate generated via the Portal's web contact form and received by a Client from a user.

The duration of the Service is determined by the number of leads, that is to say, until the Client uses up the number of leads subscribed.

The Client can manage its leads via the Portal.

The management options available to the Client include the possibility of rejecting the leads within 48 hours following receipt of the request, not including Saturdays and Sundays.

The Client can reject a lead on the following grounds:

  1. It is spam.
  2. It is a duplicated/repeated request.
  3. It is a company or a private individual offering services.
  4. It is a student or association requesting information for a study project.
  5. The Client does not have the products or services indicated in the request.
  6. The Client does not offer the service in the country indicated in the request.
  7. It is a test.

Mecalux reserves the right to reject any leads that it considers invalid, and to refuse to accept the rejection of a lead by the Client if the justification is not considered valid.

Trial service

Mecalux may grant the Client access to the Service free of charge under the terms and for the period indicated by Mecalux.

This Service comprises:

  • Inclusion in the list of companies and products.
  • Possibility of advertising up to 25 products.
  • Unlimited leads for the period indicated by Mecalux.

Mecalux will send the Client a message confirming approval of the Service and the start date and duration thereof, as well as the other characteristics of the Service subscribed. When the subscribed Service is renewed, the start date will be the day following expiry of the term of the previous contract; in the case of the PPL Service, the duration of the Service will be limited by the number of leads subscribed.

4. Operation of the Service

4.1. Quality of the information

The Client shall enter complete and up-to-date information about itself, its products and services on the Portal. The Client must immediately update the information on the Portal when any changes occur.

The Client guarantees that any information entered on the Portal will be true and accurate, meeting appropriate standards of morality, public order and civil conduct; in no event can the information be offensive, unlawful, confusing, outdated or ambiguous to other clients and users of the Portal, and it must not violate the law, in particular, the advertising Act and the intellectual and industrial property Act, or third party rights. In accordance with the provisions of this Contract, Mecalux reserves the right to remove any content that does not meet these requirements.

T

he Client must provide Mecalux with all the material or content required for the provision of the Service, in accordance with the technical specifications requested by Mecalux. The Client guarantees that it holds all the rights to the content to be published on the Portal.

The Client knows and accepts that the information supplied will be entered with information about other clients' products and services that are potential competitors, and that in the end, it is up to the user to decide whom to contact.

The information sent to Mecalux by the Client for publication on the Portal regarding its company and the products and/or services that it provides must be written in the language of each country subscribed.

4.2. Continuity of the Service

Mecalux will do its utmost to maintain continuity of the Service. Nevertheless, any type of operation, test, control and/or maintenance will be freely chosen and performed by Mecalux at any time. Mecalux will endeavour, whenever possible, to notify the Client by means of an announcement on the Portal that a maintenance operation or other activity that might affect the Service has been programmed. Mecalux will also be entirely free to modify the transmission and monitoring capacity or other technical resources or services used.

For its part, the Client agrees to the incorporation of new services that Mecalux may introduce at any time. In this case, the Client may withdraw from the Services that have been amended. Withdrawal from the Service will take effect as soon as Mecalux notifies the Client by electronic means.

4.3. The Portal

The logical grouping and the systems used for searching for products or services will be determined by Mecalux at its sole discretion and will be protected in accordance with applicable regulations governing intellectual and industrial property and privately-owned databases. Product lists will be updated periodically as new Clients join the Portal with their respective products and services. The Client also recognises and accepts that product list may be replaced or removed at any time at the sole discretion of Mecalux.

5. Responsibility of the Client

The Client shall be exclusively responsible for making appropriate use of the Portal and of any user names or access codes such as passwords that are provided to access the Service; accordingly, it cannot use the Portal for any unlawful purposes or any that are contrary to those set forth in the Contract.

The Client shall be responsible for the choice, loss, theft or unauthorised use of user names and access codes and shall at all times bear the costs and other economic consequences that may derive therefrom. It shall also undertake not to obstruct the correct operation of the Service, and in particular not to unduly overload the bandwidths or any other technical element susceptible to damage.

The Client further undertakes not to transmit to or through the Portal any element that could damage, intercept or totally or partially interfere with the Portal.

The Client must not publish images or any content over which it does not hold the required rights or, in the absence thereof, for which it has not obtained the relevant permission from the rights holder. The Client shall be solely responsible for any claims filed by third parties against Mecalux as a consequence of the publication of such content. The Client shall hold Mecalux harmless from any claim, complaint, cost, loss, lawsuit or sanction that may be brought by a third party or even public bodies deriving from their unauthorised use of third party rights on the Portal.

6. Data protection, commercial communications and use of cookies

In the event that Mecalux gathers personal data from the Client or from its employees and partners, such data will be incorporated in a file owned by Mecalux and used for the purpose of managing and maintaining the contractual relationship and informing the Client about the Service.

The Client expressly authorises Mecalux to process its data for the purpose of providing information about other products or services that Mecalux may offer by means of email messages, and to pass on its personal data to other companies of the Mecalux business group for the aforementioned purposes. If Mecalux does not receive a negative response from the Client, within a period of one month from the time the Client subscribes to the Service, it will be understood that he gives consent for his personal data to be processed for the aforementioned purposes.

The Client can exercise the rights of access, correction, cancellation and objection by sending an email to: info@logismarket.co.uk. Likewise, and by the same means, the Client can object to the sending of commercial communications by email.

The Client expressly guarantees that before supplying Mecalux with personal data on its employees and partners for the purposes of management of the Service, it has informed them of the content of this clause and that said employees and partners have given their express and full consent.

For its part, the Client undertakes to process any personal data that it may obtain via the Portal, including, but not limited to, data contained in the emails sent by the users from the Portal, in accordance with the applicable legislation on personal data protection. Furthermore, it undertakes not to use such data for any purpose other than to simply respond to requests for information, unless otherwise authorised by the user.

The Client shall hold Mecalux harmless from and shall compensate it for any claim, cost, damage, loss or sanction that may derive from breach of the obligations herein.

The Portal can use its own or third party "cookies" in order to facilitate navigation and offer a personalised and smoother service. "Cookies" are small text files that the server places in preconfigured system folders.

The cookies that Mecalux can install, described in the Cookies Policy, are associated exclusively with anonymous user profiles and do not allow access to personal data or data stored on the Portal user's hard drive. The Client can configure its browser to block cookies or can destroy them at will. Disabling "cookies" may reduce the quality and speed of the Service.

By accepting these conditions, the Client accepts the Mecalux Cookies Policy.

7. Limitation of liability

The Portal is an on-line Industrial Directory, and as such it is a medium on which Clients advertise their products and services and establish commercial contacts.

The commercial obligations arising between the Clients and their contracting parties are the exclusive competence of the parties concerned, and Mecalux as owner of the Portal has no part in such transactions.

As owner of the Portal, Mecalux is simply an intermediary between the Portal user and the Clients who offer their products and services via the Portal. Furthermore, Mecalux declares that it is not empowered to sell products and services for and on behalf of the Client; that is to say, in no event can Mecalux make commitments in the name of its Clients.

The Portal contains links or connections to third party websites not managed by Mecalux. Such links or connections are included only by way of reference. Mecalux has no control over those websites, nor is it responsible for their content; the links or connections included in the Portal are offered solely for reference purposes, and as such Mecalux does not evaluate the content, services or products offered by third parties accessed via the links.

Accordingly, Mecalux assumes no liability that may derive from any untruthful, incomplete, out-of-date or inaccurate content or information from its Clients that is included in and maintained on the Portal, or any content reached via the links on the Portal. In no event will Mecalux be responsible for any information provided by Clients or for product or service contracts entered into.

Mecalux undertakes to make all necessary efforts to guarantee the availability and continuity of the website and of the services linked to it; however, Mecalux cannot guarantee correct, uninterrupted and error-free operation at all times. Likewise, it does not control or guarantee the absence of viruses or other harmful elements in the content or services provided via the website.

Without prejudice to the foregoing provisions, Mecalux will not be liable for any type of direct or indirect damage or loss that may derive from the Service, either wholly or in part.

8. Intellectual and industrial property rights

The compilation - understanding as such the collection, arranging and setting up - of all the content on the Portal is the exclusive property of Mecalux and is protected by national and international regulations on industrial and intellectual property.

The Client must not use the Portal for purposes other than subscribing to the Service and those permitted by Mecalux.

The Client authorises Mecalux to reproduce and disseminate, both in electronic format via the Portal and in printed catalogues and directories, each and every item of information, brands, labels, distinctive signs or logos and, in general, all the information supplied by it. This refers to the use of such elements on the Portal, in printed catalogues and directories; in campaigns and activities to promote the Portal; in any news and advertising media including: written press, Internet, fairs, information pamphlets and leaflets, indefinitely and with no geographical restrictions, even if the service has been terminated or the Service request is not approved by Mecalux for any reason, unless otherwise stated by the Client. For its part, Mecalux recognises that such authorisation does not imply that such content, brands, labels, distinctive signs or logos are assigned or licensed to it, and that the use it may make of them must always respect the rights of the Client.

The Client guarantees that the advertisement and its content or any information or material that may be accessed by Portal users comply with current regulations and, in particular, those relating to advertising, including e-advertising, and regulations on intellectual and industrial property.

9. Duration and termination

The term of the Service will be that indicated in the Special Conditions.

Once the period has ended, the Service may be renewed under the terms agreed by the Client and Mecalux.

If the service is not renewed at the end of the term of the Contract, Mecalux may retain the information on the Client and the Service under the terms indicated in the foregoing paragraph, at its entire discretion, for the time and on the conditions it sees fit, without this implying a renewal of the Service nor involving the payment of any consideration by the Client, nor the granting of rights in its favour.

In the event that Mecalux offers the Service free of charge, it will be for the period indicated by Mecalux. This period may be extended by Mecalux, at its discretion, according to the conditions and term determined by Mecalux. Without prejudice to the foregoing, Mecalux may modify or deem the trial period terminated at any time, with no liability on its part.

The Client may withdraw from the Service at any time. Mecalux will process the Client's request to withdraw and the Client will be informed of the date when it will take effect. In the case of withdrawal from a paid service, the Client must pay the agreed price in full.

Notwithstanding the liability for damages that may arise from the Client's failure to comply with the General Conditions or the Special Conditions governing its relationship with Mecalux, Mecalux reserves the right to remove all or part of the information entered by the Client on the Portal or to block access to it, without prior notice, if a third party informs Mecalux that it contains illegal content or violates third party rights. This remains without prejudice to the possibility of terminating the contract due to breach by the Client.

Mecalux reserves the right to interrupt the access to and use of the Portal and the provision of the Service by means of simple notification- by electronic or telematic means- to the Client breaching this Contract and, in general, any applicable regulations known to Mecalux. Mecalux may adopt these measures at any time without any liability or impairment of its rights and actions. In this case, Mecalux will have the right to withdraw the Service, and the Client must pay the agreed price in full.

Upon termination of the Service for any reason whatsoever, any obligation that either expressly or because of its very nature must remain in force, will continue to apply according to its own terms. In case of force majeure, the parties may either suspend implementation of this Contract until the event that has caused its interruption has finalised, or terminate the Contract by mutual agreement on the initiative of either of the parties, if the cause of the interruption lasts for a period longer than 30 days after notification of the event.

10. Transfer of rights and obligations

Mecalux is entirely free to transfer, subcontract or assign to Mecalux Group companies and to third parties of its choice, all or some of its rights and obligations under this contract, giving adequate advance warning to the Client.

The Client may never assign or transfer the rights and obligations deriving from this contract, wholly or in part, by any means, without the prior express written consent of Mecalux.

11. Applicable law and jurisdiction

This contract shall be construed and governed by English legislation. For any litigation deriving from the contract, both the Client and Mecalux submit to the jurisdiction and exclusive competence of the Courts and Tribunals of the city of Birmingham, expressly waiving any other jurisdiction to which they may be entitled.

12. Details of Mecalux Group company entering into the contract.

Mecalux (UK) Ltd, owner of the Portal

Tel.: 0121 3336 602
Email: info@logismarket.co.uk
Tax ID: GB-479506995
Address: Unit 9, Network Park Duddeston Mill Road, Saltley Birmingham B8 1AU

Registered in England (Company No. 2053742).

General Service Conditions updated July 2015.