Terms of service
This document describes the terms and conditions applicable to your access
and use of the website at Intermino.com and any other web domain operated
by Intermino (each a "Site", together the "Sites"). This document is a legally
binding agreement between you as the user(s) of the Sites (referred to as
"you", "your" or "User" hereinafter) and the Intermino entity listed in
paragraph 2.1 below (referred to as "we", "our" or "Intermino" hereinafter).
Last modified: January 10th, 2020
1. Application and Acceptance of the Terms
1.1 Your use of the Sites and Intermino services, software and products
(collectively the as the "Services" hereinafter) is subject to the terms and
conditions contained in this document as well as the privacy policy ("Privacy")
and any other rules and policies of the Sites that Intermino may publish from
time to time. This document and such other rules and policies of the Sites are
collectively referred to below as the "Terms". By accessing the Sites or using
the Services, you agree to accept and be bound by the Terms. Please do not
use the Services or the Sites if you do not accept all of the Terms.
1.2 You may not use the Services and may not accept the Terms if
(a) you are not of legal age to form a binding contract with Intermino, or
(b) you are not permitted to receive any Services under the laws of the
countries / regions including the country / region in which you are resident or
from which you use the Services.
1.3 You acknowledge and agree that Intermino may amend any Terms at any
time by posting the relevant amended and restated Terms on the Sites. By
continuing to use the Services or the Sites, you agree that the amended Terms
will apply to you.
1.4 If Intermino has posted or provided a translation of the English language
version of the Terms, you agree that the translation is provided for convenience
only and that the English language version will govern your uses of the
Services or the Sites.
1.5 You may be required to enter into a separate agreement, whether online or
offline, with Intermino or our affiliate(s) for any Service ("Additional
Agreements"). If there is any conflict or inconsistency between the Terms and
an Additional Agreement, the Additional Agreement shall take precedence over
the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an
authorized officer of Intermino.
2. Provision of Services
2.1 The Intermino legal entity that you are contracting with is Intermino
Group Limited, 20-22 Wenlock Road, London, UK.
2.2 You must register as a member on the Sites in order to access and use
some Services. Further, Intermino reserves the right, without prior notice, to
restrict access to or use of certain Services (or any features within the
Services) to paying Users or subject to other conditions that Intermino may
impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regionsand countries. No warranty or representation is given that a particular Service
or feature or function thereof or the same type and extent of the Service or
features and functions thereof will be available for Users. Intermino may in
our sole discretion limit, deny or create different level of access to and use of
any Services (or any features within the Services) with respect to different
Users.
2.4 Intermino may launch, change, upgrade, impose conditions to, suspend,
or stop any Services (or any features within the Services) without prior notice
except that, in case of a fee-based Service, such changes will not substantially
adversely affect the paying Users in enjoying that Service.
2.5 Some Services may be provided by Intermino affiliates on behalf of
Intermino.
3. Users Generally
3.1 As a condition of your access to and use of the Sites or Services, you agree
that you will comply with all applicable laws and regulations when using the
Sites or Services.
3.2 You agree to use the Sites or Services solely for your own internal purposes.
You agree that
(a) you will not copy, reproduce, download, re-publish, sell,
distribute or resell any Services or any information, text, images, graphics,
video clips, sound, directories, files, databases or listings, etc available on or
through the Sites (the "Site Content"), and
(b) you will not copy, reproduce,
download, compile or otherwise use any Site Content for the purposes of
operating a business that competes with Intermino, or otherwise
commercially exploiting the Site Content. Systematic retrieval of Site Content
from the Sites to create or compile, directly or indirectly, a collection,
compilation, database or directory (whether through robots, spiders, automatic
devices or manual processes) without written permission from Intermino is
prohibited. Use of any content or materials on the Sites for any purpose not
expressly permitted in the Terms is prohibited.
3.3 You must read Intermino Privacy Policy which governs the protection and
use of personal information about Users in the possession of Intermino and
our affiliates. You accept the terms of the Privacy Policy and agree to the use of
the personal information about you in accordance with the Privacy Policy.
3.4 Intermino may allow Users to access to content, products or services
offered by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise), API or otherwise to such third parties web sites. You are
cautioned to read such web sites terms and conditions and/or privacy policies
before using the Sites. You acknowledge that Intermino has no control over
such third parties web sites, does not monitor such web sites, and shall not be
responsible or liable to anyone for such web sites, or any content, products or
services made available on such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the
computer systems or networks of Intermino and/or any other User nor to gain
unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity
of Intermino feedback system, such as leaving positive feedback for yourself
or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material ("User
Content") on the Sites or providing any User Content to Intermino or our
representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free,
and sub-licensable (through multiple tiers) license to Intermino to display,
transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate,
create derivative works, and otherwise use any or all of the User Content in any
form, media, or technology now known or not currently known in any manner
and for any purpose which may be beneficial to the operation of the Sites, the
provision of any Services and/or the business of the User. You confirm and
warrant to Intermino that you have all the rights, power and authority
necessary to grant the above license.
4. Member Accounts
4.1 User must be registered on the Sites to access or use some Services (a
registered User is also referred to as a "Member" below). Intermino maintains
the exclusive right to approve membership requests at our sole discression.
Except with Intermino approval, one User may only register one member
account on the Sites. Intermino may cancel or terminate a Users member
account if Intermino has reasons to suspect that the User has concurrently
registered or controlled two or more member accounts. Further, Intermino
may reject Users application for registration for any reason.
4.2 Upon registration on the Sites, Intermino shall assign an account and
issue a member ID and password (the latter shall be chosen by a registered
User during registration) to each registered User.
4.3 A set of Member ID and password is unique to a single account. Each
Member shall be solely responsible for maintaining the confidentiality and
security of your Member ID and password and for all activities that occur under
your account. No Member may share, assign, or permit the use of your Member
account, ID or password by another person outside of the Members own
business entity. Member agrees to notify Intermino immediately if you
become aware of any unauthorized use of your password or your account or
any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including
without limitation, posting any company or product information, clicking to
accept any Additional Agreements or rules, subscribing to or making any
payment for any services, sending emails using the email account or sendingSMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or
allowing multiple users outside of your business entity to use your account
(collectively, "multiple use"), may cause irreparable harm to Intermino or
other Users of the Sites. Member shall indemnify Intermino, our affiliates,
directors, employees, agents and representatives against any loss or damages
(including but not limited to loss of profits) suffered as a result of the multiple
use of your account. Member also agrees that in case of the multiple use of
your account or Members failure to maintain the security of your account,
Intermino shall not be liable for any loss or damages arising from such a
breach and shall have the right to suspend or terminate Members account
without liability to Member.
5. Members Responsibilities
5.1 Each Member represents, warrants and agrees that
(a) you have full power
and authority to accept the Terms, to grant the license and authorization and to
perform the obligations hereunder;
(b) you use the Sites and Services for
business purposes only; and
(c) the address you provide when registering is the
principal place of business of your business entity. For purposes of this
provision, a branch or liaison office will not be considered a separate entity and
your principal place of business will be deemed to be that of your head office.
5.2 Member will be required to provide information or material about your
entity, business or products/services as part of the registration process on the
Sites or your use of any Service or the member account. Each Member
represents, warrants and agrees that
(a) such information and material
whether submitted during the registration process or thereafter throughout the
continuation of the use of the Sites or Service is true, accurate, current and
complete, and
(b) you will maintain and promptly amend all information and
material to keep it true, accurate, current and complete.
5.3 Upon becoming a Member, you consent to the inclusion of the contact
information about you in our Database and authorize Intermino and our
affiliates to share the contact information with other Users or otherwise use
your personal information in accordance with the Privacy Policy.
5.4 Each Member represents, warrants and agrees that
(a) you shall be solely
responsible for obtaining all necessary third party licenses and permissions
regarding any User Content that you submit, post or display;
(b) any User
Content that you submit, post or display does not infringe or violate any of the
copyright, patent, trademark, trade name, trade secrets or any other personal
or proprietary rights of any third party ("Third Party Rights"); and
(c) you have
the right and authority to sell, trade, distribute or export or offer to sell, trade,
distribute or export the products or services described in the User Content and
such sale, trade, distribution or export or offer does not violate any Third PartyRights.
5.5 Each Member further represents, warrants and agrees that the User
Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or
harassing, obscene, objectionable, offensive, sexually explicit or harmful to
minors;
d) not contain information that is discriminatory or promotes discrimination
based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Terms or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation
those governing export control, consumer protection, unfair competition, or
false advertising) or promote any activities which may violate any applicable
laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which
includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall:
a) carry on your activities on the Sites in compliance with any applicable laws
and regulations;
b) conduct your business transactions with other users of the Sites in good
faith;
c) carry on your activities in accordance with the Terms and any applicable
Additional Agreements;
d) not use the Services or Sites to defraud any person or entity (including
without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your
affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation
those which would constitute a criminal offence, give rise to civil liability, etc)
or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate Intermino
various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that
have the effect of damaging, interfering with, intercepting or expropriating any
software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or
networks used by Intermino and/or any user of the Sites or gain unauthorized
access to such data, systems or networks;
k) not engage in any activities that would otherwise create any liability for
Intermino or our affiliates.
5.7 Member may not use the Services and member account to engage inactivities which are identical or similar to Intermino e-commerce marketplace
business.
5.8 If Member provides a business referee, Member represents, warrants and
agrees that you have obtained all necessary consents, approvals and waivers
from your business partners and associates to
(a) act as your business referee;
(b) post and publish their contact details and information, reference letters and
comments on their behalf; and
(c) that third parties may contact such business
referees to support claims or statements made about you. You further warrant
and agree that all reference letters and comments are true and accurate and
third parties may contact the business referees without the need to obtain your
consent.
5.9 Member agrees to provide all necessary information, materials and
approval, and render all reasonable assistance and cooperation necessary for
Intermino provision of the Services, evaluating whether Member has breached
the Terms and/or handling any complaint against the Member. If Members
failure to do so results in delay in, or suspension or termination of, the provision
of any Service, Intermino shall not be obliged to extend the relevant service
period nor shall be liable for any loss or damages arising from such delay,
suspension or termination.
5.10 Member acknowledges and agrees that Intermino shall not be required
to actively monitor nor exercise any editorial control whatsoever over the
content of any message or material or information created, obtained or
accessible through the Services or Sites. Intermino does not endorse, verify or
otherwise certify the contents of any comments or other material or
information made by any Member. Each Member is solely responsible for the
contents of their communications and may be held legally liable or accountable
for the content of their comments or other material or information
5.11 Member acknowledges and agrees that the Services may only be used by
businesses and their representatives for business use and not for individual
consumers or for personal use.
5.12 Member acknowledges and agrees that each Member is solely responsible
for observing applicable laws and regulations in its respective jurisdictions to
ensure that all use of the Site and Services are in compliance with the same.
6. Breaches by Members
6.1 Intermino reserves the right in our sole discretion to remove, modify or
reject any User Content that you submit to, post or display on the Sites which
we reasonably believe is unlawful, violates the Terms, could subject Intermino
or our affiliates to liability, or is otherwise found inappropriate in Intermino
opinion.
6.2 If any Member breaches any Terms or if Intermino has reasonable grounds
to believe that any Member is in breach of any the Terms, Intermino shallhave the right to impose a penalty against the Member, or suspend or
terminate the Members account or subscription of any Service without any
liability to the Member. Intermino shall also have the right to restrict, refuse or
ban any and all current or future use of any other Service that may be provided
by Intermino. The penalties that Intermino may impose include, among
others, warning, removing any product listing or other User Content that the
Member has submitted, posted or displayed, imposing restrictions on the
number of product listings that the Member may post or display, or imposing
restrictions on the Members use of any features or functions of any Service for
such period as Intermino may consider appropriate in our sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member
would be considered as being in breach of the Terms in any of the following
circumstances:
a) upon complaint or claim from any third party, Intermino has reasonable
grounds to believe that such Member has willfully or materially failed to
perform your contract with such third party including without limitation where
the Member has failed to deliver any items ordered by such third party after
receipt of the purchase price, or where the items Member has delivered
materially fail to meet the terms and descriptions outlined in your contract with
such third party,
b) Intermino has reasonable grounds to suspect that such Member has used a
stolen credit card or other false or misleading information in any transaction
with a counter party,
c) Intermino has reasonable grounds to suspect that any information provided
by the Member is not current or complete or is untrue, inaccurate, or
misleading, or
d) Intermino believes that the Members actions may cause financial loss or
legal liability to Intermino or our affiliates or any other Users.
6.4 Intermino reserves the right to cooperate fully with governmental
authorities, private investigators and/or injured third parties in the investigation
of any suspected criminal or civil wrongdoing. Further, Intermino may disclose
the Members identity and contact information, if requested by a government or
law enforcement body, an injured third party, or as a result of a subpoena or
other legal action. Intermino shall not be liable for damages or results arising
from such disclosure, and Member agrees not to bring any action or claim
against Intermino for such disclosure.
6.5 If a Member is in breach of the Terms, Intermino also reserves the right to
publish the records of such breach on the Sites. If such breach involves or is
reasonably suspected of involving dishonest or fraudulent activities, Intermino
also reserves the right to disclose the records of such breach to our affiliates.
Such Intermino affiliates may impose limitation on, suspend or terminate the
Members use of all or part of the services provided by such affiliates to the
Member, take other remedial actions, and publish the records about theMembers breach of the Terms on the websites operated by or controlled by
such Intermino affiliates.
6.6 Intermino may, at any time and in our reasonable discretion, impose
limitations on, suspend or terminate the Members use ofany Service or the
Sites without being liable to the Member if Intermino has received notice that
the Member is in breach of any agreement or undertaking with any affiliate of
Intermino and such breach involves or is reasonably suspected of involving
dishonest or fraudulent activities. Intermino shall have the right to publish the
records of such breach on the Sites. Intermino shall not be required to
investigate such breach or request confirmation from the Member.
6.7 Each Member agrees to indemnify Intermino, our affiliates, directors,
employees, agents and representatives and to hold them harmless, from any
and all damages, losses, claims and liabilities (including legal costs on a full
indemnity basis) which may arise from your submission, posting or display of
any User Content, from your use of the Sites or Services, or from your breach of
the Terms.
6.8 Each Member further agrees that Intermino is not responsible, and shall
have no liability to you or anyone else for any User Content or other material
transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate,
defamatory, offensive or illicit material and that the risk of damage from such
material rests entirely with each Member. Intermino reserves the right, at our
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by the Member, in which event the
Member shall cooperate with Intermino in asserting any available defenses.
7. Transactions Between Buyers and Sellers
7.1 Through the Sites, Intermino provides electronic web-based platforms for
exchanging information between buyers and sellers of products and services.
Intermino additionally provides electronic web-based transaction platforms for
Members to place,accept, conclude, manage and fulfill orders for the provision
of products and services online within the Sites subject to the terms of the
Intermino Transaction Services Agreement. However, for any Services,
Intermino does not represent either the seller or the buyer in specific
transactions. Intermino does not control and is not liable to or responsible for
the quality, safety, lawfulness or availability of the products or services offered
for sale on the Sites or the ability of the sellers to complete a sale or the ability
of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing with
people acting under false pretences. Intermino uses several techniques to
verify the accuracy of certain information our paying Users provide us whenthey register for a paying membership service on the Sites. However, because
user verification on the Internet is difficult, Intermino cannot and does not
confirm each Users purported identity (including, without limitation, paying
Members). We encourage you to use various means, as well as common sense,
to evaluate with whom you are dealing.
7.3 Each User acknowledges that it is fully assuming the risks of conducting
any purchase and sale transactions in connection with using the Sites or
Services, and that it is fully assuming the risks of liability or harm of any kind in
connection with subsequent activity of any kind relating to products or services
that are the subject of transactions using the Sites. Such risks shall include, but
are not limited to, mis-representation of products and services, fraudulent
schemes, unsatisfactory quality, failure to meet specifications, defective or
dangerous products, unlawful products, delay or default in delivery or payment,
cost mis-calculations, breach of warranty, breach of contract and transportation
accidents. Such risks also include the risks that the manufacture, importation,
export, distribution, offer, display, purchase, sale and/or use of products or
services offered or displayed on the Sites may violate or may be asserted to
violate Third Party Rights, and the risk that User may incur costs of defense or
other costs in connection with third parties assertion of Third Party Rights, or in
connection with any claims by any party that they are entitled to defense or
indemnification in relation to assertions of rights, demands or claims by Third
Party Rights claimants. Such risks also include the risks that consumers, other
purchasers, end-users of products or others claiming to have suffered injuries
or harms relating to products originally obtained by Users of the Sites as a
result of purchase and sale transactions in connection with using the Sites may
suffer harms and/or assert claims arising from their use of such products. All of
the foregoing risks are hereafter referred to as "Transaction Risks". Each User
agrees that Intermino shall not be liable or responsible for any damages,
claims, liabilities, costs, harms, inconveniences, business disruptions or
expenditures of any kind that may arise a result of or in connection with any
Transaction Risks.
7.4 Users are solely responsible for all of the terms and conditions of the
transactions conducted on, through or as a result of use of the Sites or
Services, including, without limitation, terms regarding payment, returns,
warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits,
handling, transportation and storage.
7.5 User agrees to provide all information and materials as may be reasonably
required by Intermino in connection with your transactions conducted on,
through or as a result of use of the Sites or Services. Intermino has the right
to suspend or terminate any Users account if the User fails to provide the
required information and materials.
7.6 In the event that any User has a dispute with any party to a transaction,
such User agrees to release and indemnify Intermino (and our agents,affiliates, directors, officers and employees) from all claims, demands, actions,
proceedings, costs, expenses and damages (including without limitation any
actual, special, incidental or consequential damages) arising out of or in
connection with such transaction.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY
Intermino ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS
AVAILABLE" AND "WITH ALL FAULTS", AND Intermino HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,
PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS,
CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, Intermino MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY,
CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES;
Intermino DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE,
IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE
AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE
SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Intermino MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY
PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Sites is done
at each Users sole discretion and risk and each User is solely responsible for
any damage to Intermino computer system or loss of data that may result
from the download of any such material. No advice or information, whether oral
or written, obtained by any User from Intermino or through or from the Sites
shall create any warranty not expressly stated herein.
8.4 The Sites may make available to User services or products provided by
independent third parties. No warranty or representation is made with regard to
such services or products. In no event shall Intermino and our affiliates be
held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and save Intermino, our affiliates,
directors, officers and employees harmless, from any and all losses, claims,
liabilities (including legal costs on a full indemnity basis) which may arise from
such Users use of the Sites or Services (including but not limited to the display
of such Users information on the Sites) or from your breach of any of the terms
and conditions of the Terms. Each User hereby further agrees to indemnify and
save Intermino, our affiliates, directors, officers and employees harmless,
from any and all losses, damages, claims, liabilities (including legal costs on afull indemnity basis) which may arise from Users breach of any representations
and warranties made by User to Intermino, including but not limited to those
set forth in Section 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save Intermino, our
affiliates, directors, officers and employees harmless, from any and all losses,
damages, claims, liabilities (including legal costs on a full indemnity basis)
which may arise, directly or indirectly, as a result of any claims asserted by
Third Party Rights claimants or other third parties relating to products offered
or displayed on the Sites. Each User hereby further agrees that Intermino is
not responsible and shall have no liability to you, for any material posted by
others, including defamatory, offensive or illicit material and that the risk of
damages from such material rests entirely with each User. Intermino reserves
the right, at our own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you
shall cooperate with Intermino in asserting any available defenses.
8.7 Intermino shall not be liable for any special, direct, indirect, punitive,
incidental or consequential damages or any damages whatsoever (including
but not limited to damages for loss of profits or savings, business interruption,
loss of information), whether in contract, negligence, tort, equity or otherwise
or any other damages resulting from any of the following.
a) the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services purchased or
obtained from a User or any other third party through the Sites;
c) violation of Third Party Rights or claims or demands that Users manufacture,
importation, export, distribution, offer, display, purchase, sale and/or use of
products or services offered or displayed on the Sites may violate or may be
asserted to violate Third Party Rights; or claims by any party that they are
entitled to defense or indemnification in relation to assertions of rights,
demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any
User;
e) statements or conduct of any User of the Sites; or;
f) any matters relating to Services however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of
Intermino, our employees, agents, affiliates, representatives or anyone acting
on our behalf with respect to each User for all claims arising from the use of the
Sites orServices during any calendar year shall be limited to the greater of
(a)
the amount of fees the User has paid to Intermino or our affiliates during the
calendar year and
(b) US$1,000. The preceding sentence shall not preclude the
requirement by the User to prove actual damages. All claims arising from the
use of the Sites or Services must be filed within one (1) year from the date the
cause of action arose.
8.9 The limitations and exclusions of liability to you under the Terms shall applyto the maximum extent permitted by law and shall apply whether or not
Intermino has been advised of or should have been aware of the possibility of
any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall Intermino be held liable for any delay or
failure or disruption of the content or services delivered through the Sites
resulting directly or indirectly from acts of nature, forces or causes beyond our
reasonable control, including without limitation, Internet failures, computer,
telecommunications or any other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor
or materials, fires, flood, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals or non-performance of
third parties.
10. Intellectual Property Rights
10.1 Intermino is the sole owner or lawful licensee of all the rights and
interests in the Sites and the Site Content. The Sites and Site Content embody
trade secrets and other intellectual property rights protected under worldwide
copyright and other laws. All title, ownership and intellectual property rights in
the Sites and Site Content shall remain with Intermino, our affiliates or
licensors of the Site Content, as the case may be. All rights not otherwise
claimed under the Terms or by Intermino are hereby reserved.
10.2 "Intermino" and related icons and logos are registered trademarks or
trademarks or service marks of Intermino Group Limited, 20-22 Wenlock
Road, London, UK, in various jurisdictions and are protected under applicable
copyright, trademark and other proprietary rights laws. The unauthorized
copying, modification, use or publication of these marks is strictly prohibited.
10.3 Intermino may have independent third parties involved in the provision
of the Services (e.g., the authentication and verification service providers). You
may not use any trademark, service mark or logo of such independent third
parties without prior written approval from such parties.
11. Notices
11.1 All legal notices or demands to or upon Intermino shall be made in
writing and sent to Intermino personally, by courier or certified mail at our
main office address. The notices shall be effective when they are received by
Intermino in any of the above-mentioned manner.
11.2 All legal notices or demands to or upon a User shall be effective if eitherdelivered personally, sent by courier, certified mail, by facsimile or email to the
last-known correspondence, fax or email address provided by the User to
Intermino, or by posting such notice or demand on an area of the Sites that is
publicly accessible without a charge. Notice to a User shall be deemed to be
received by such User if and when.
a) Intermino is able to demonstrate that communication, whether in physical
or electronic form, has been sent to such User, or
b) immediately upon Intermino posting such notice on an area of the Sites
that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures and other
communications that Intermino sends to you electronically satisfy the legal
requirement that such communication should be in writing.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire
agreement between you and Intermino with respect to and govern your use of
the Sites and Services, superseding any prior written or oral agreements in
relation to the same subject matter herein.
12.2 Intermino and you are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such
provision shall be deleted and the remaining provisions shall remain valid and
be enforced.
12.4 Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
12.5 Intermino failure to enforce any right or failure to act with respect to any
breach by you under the Terms will not constitute awaiver of that right nor a
waiver of Intermino right to act with respect to subsequent or similar
breaches.
12.6 Intermino shall have the right to assign the Terms (including all of our
rights, titles, benefits, interests, and obligations and duties in the Terms to any
person or entity (including any affiliates of Intermino). You may not assign, in
whole or part, the Terms to any person or entity.
12.7 The Terms shall be governed by the laws of United Kingdom, without
regard to its conflict of law provisions. The parties to the Terms hereby submit
to the exclusive jurisdiction of the courts of London, UK.
Privacy policy
This Privacy Policy applies to all products and services provided by us and sets
out how we may collect, use and disclose information in relation to the
websites at Intermino.com and any other web domain operated by Intermino
(each a "Site", together the "Sites"). This Privacy Policy is subject to the
acceptance of the Terms of Service of Intermino, as published on our Sites.
You are contracting with Intermino Group Limited, 20-22 Wenlock Road,
London, UK (referred to as "we", "our" or "Intermino" hereinafter).
The Sites are predominantly used by business entities to facilitate electronic
commerce and such business use does not generally involve the collection of
personal information of individuals. Intermino recognizes the importance of
privacy as well as the importance of maintaining the confidentiality of personal
information.
(Last modified: January 10th, 2020)
A. COLLECTION OF INFORMATION
1. Your privacy is important to us and we have taken steps to ensure that we do
not collect more information from you than is necessary for us to provide you
with our services and to protect your account.
2. Information including, but not limited to, user name, address, phone number,
fax number and email address ("Registration Information") may be collected at
the time of user registration on the Sites.
3. In connection with any transaction and payment services or services under
buyer protection schemes we provide on the Sites, information, including but
not limited to, bank account numbers, billing and delivery information,
credit/debit card numbers and expiration dates and tracking information from
cheques or money orders ("Account Information") may be collected to, among
other things, facilitate the sale and purchase as well as the settlement of
purchase price of the products or services transacted on or procured through
the Sites.
4. We record and retain details of users’ activities on the Sites. Information
relating to such transactions including, but not limited to, the types and
specifications of the goods, pricing and delivery information and any trade
dispute records ("Activities Information") may be collected when sale and
purchase transactions are conducted on or facilitated through the Sites.
5. From time to time, we collect information about our users and prospective
users during trade shows, industry events and other functions. The information
we may collect at these locations may include, but is not limited to, user name,
address, phone number, fax number and email address ("Event Information").
6. We record and retain records of users buying and browsing activities on our
platform including but not limited to IP addresses, browsing patterns and buyer
behavioural patterns. In addition, we gather statistical information about the
Sites and visitors to the Sites including, but not limited to, IP addresses,
browser software, operating system, software and hardware attributes, pages
viewed, number of sessions and unique visitors (together "Browsing
Information").
7. Registration Information, Account Information, Activities Information, Event
Information and Browsing Information generally relate to business entities and
are together referred to as business data ("Business Data"). Insofar and only
insofar as they constitute personally identifiable data of living individuals, such
information are together referred to as personal data ("Personal Data").
8. It is mandatory for users of the Sites to provide certain categories of
Business Data and Personal Data (as specified at the time of collection). In the
event that users do not provide any or sufficient Business Data and/or Personal
Data marked as mandatory, we may not be able to complete the registration
process or provide such users with our products or services.
B. USE OF PERSONAL DATA
If you provide any Personal Data to us, you are deemed to have authorised us
to collect, retain and use that Personal Data for the following purposes:
1. verifying your identity;
2. verifying your eligibility to register as a user of the Sites;
3. processing your registration as a user, providing you with a log-in ID for the
Sites and maintaining and managing your registration;
4. providing you with customer service and responding to your queries,
feedback, claims or disputes;
5. to facilitate communication between buyers and sellers on the Sites;
6. performing research or statistical analysis in order to improve the content
and layout of the Sites, to improve our product offerings and services and for
marketing and promotional purposes;
7. subject to obtaining your consent under applicable laws, we may use your
name, phone number, residential address, email address and fax number
("Marketing Data") to provide notices, surveys, product alerts, communications
and other marketing materials to you relating to goods and services offered by
us on the Sites including paid and free membership, a "Membership" and
collectively, the "Memberships") the value added services ancillary to the
Memberships, and other products and services offered by us from time to time
to members of the Sites;
8. if you voluntarily submit any information to the Sites for publication on the
Sites through the publishing tools, including but not limited to, Company Profile
and any discussion forum, then you are deemed to have given consent to the
publication of such information on the Sites ("Voluntary Information");
9. making such disclosures as may be required for any of the above purposes
or as required by law or in respect of any claims or potential claims brought
against us.;
C. DISCLOSURE OF PERSONAL DATA
1. You further agree that we may disclose and transfer your Personal Data to
service providers engaged by us to assist us with providing you with our
services (including but not limited to data entry, database management,
promotions, products and services alerts, delivery services, payment extension
services, and membership authentification and verification services) ("Service
Providers"). These Service Providers are under a duty of confidentiality to us
and are only permitted to use your Personal Data in connection with the
purposes specified above, and not for their own purposes (including direct
marketing).
2. You agree that we may disclose and transfer your Personal Data to other affiliated companies within the Interemino Group including but not limited to
the listed below for the purposes specified above:
- Intermino Group Limited
- Intermino.com DOO Beograd
3. When necessary we may also disclose and transfer your Personal Data to our
professional advisers, law enforcement agencies, insurers, government and
regulatory and other organisations for the purposes specified above.
4. Any Personal Data supplied by you will be retained by us and will be
accessible by our employees, any Service Providers engaged by us and third
parties referred to above, for or in relation to any of the purposes stated above.
5. All Voluntary Information may be made publicly available on the Sites and
therefore accessible by any internet user. Any Voluntary Information that you
disclose to us becomes public information and you relinquish any proprietary
rights (including but not limited to the rights of confidentiality and copyright) in
such information. You should exercise caution when deciding to include
personal or proprietary information in the Voluntary Information that you
submit to us.
6. We may share your Account Information with banks or vendors to enable
your transactions on the Sites to be completed. In addition, we may use your
Account Information to determine your credit-worthiness and, in the process of
such determination, we may need to make such Account Information available
to banks or credit agencies. While we have in place up-to-date technology and
internal procedures to keep your Account Information and other Personal Data
secure from intruders, there is no guarantee that such technology or
procedures can eliminate all of the risks of theft, loss or misuse.
7. We may provide statistical information to third parties, but when we do so,
we do not provide personally-identifying information without your permission.
8. We have established relationships with other parties and websites to offer
you the benefit of products and services which we do not offer. We offer you
access to these other parties and their websites either through the use of
hyperlinks to these sites from the Sites or through offering "co-branded" sites
in which both we and other parties share the same uniform resource locator,
domain name or pages within a domain name on the Internet. In some cases
you may be required to submit personal information to register or apply for
products or services provided by such third parties or co-branded partners. This
Privacy Policy does not apply to these third party sites or co-branded sites. The
privacy policies of those other parties may differ from ours, and we have no
control over the information that you submit to those third parties. You should
read the relevant privacy policy for those third party sites and co-branded sites
before responding to any offers, products or services advertised by those
parties.
D. RIGHT TO ACCESS/CORRECT PERSONAL DATA
Under applicable laws, you may have the right of access to personal
information held by us and to request correction of the information.
If you have any questions regarding this Privacy Policy or if you wish to access
or correct your Personal Data, you may send your request in writing to the
following address:
Legal affairs
Intermino Group Limited, 20-22 Wenlock Road, London, UK
In accordance with the applicable laws, we reserve the right to charge you a
reasonable fee for the processing of any data access or correction request.
E. COOKIES
We use "cookies" to store specific information about you and track your visits
to the Sites. It is not uncommon for websites to use cookies to enhance
identification of their users.
A "cookie" is a small amount of data that is sent to your browser and stored on
your computer hard drive. A cookie can be sent to your computer hard drive
only if you access the Sites using a computer. If you do not de-activate or erase
the cookie, each time you use the same computer to access the Sites, our web
servers will be notified of your visit to the Sites and in turn we may have
knowledge of your visit and the pattern of your usage.
Generally, we use cookies to identify you and enable us to
i) access your Registration Information or Account Information so you do not
have to re-enter it;
ii) gather statistical information about usage by users;
iii) research visiting patterns and help target advertisements based on user
interests;
iv) assist our partners to track user visits to the Sites and process orders;
v) track progress and participation in promotions.
You can determine if and how a cookie will be accepted by configuring the
browser which is installed in the computer you are using to access the Sites. If
you choose, you can change those configurations. By setting your preferences
in the browser, you can accept all cookies or you can choose to be notified
when a cookie is sent or you can choose to reject all cookies. If you reject all
cookies by choosing the cookie-disabling function in your browser, you may be
required to re-enter information on the Sites more often and certain features of
the Sites may be unavailable.
F. MINORS
The Sites and their contents are not targeted to minors (those under the age of
18) and we do not intend to sell any of our products or services to minors.
However, we have no way of distinguishing the age of individuals who access
our Site. If a minor has provided us with personal information without parental
or guardian consent, the parent or guardian should contact our Legal
Department at the address set out in paragraph D above to remove the
information.
G. SECURITY MEASURES
We employ commercially reasonable security methods to prevent unauthorised
access to the Sites, to maintain data accuracy and to ensure the correct use of
the information we hold.
For registered users of the Sites, your Registration Information and Account
Information (if any) can be viewed and edited through your account, which is
protected by a password. We recommend that you do not divulge your
password to anyone. Our personnel will never ask you for your password in an
unsolicited phone call or in an unsolicited email. If you share a computer with
others, you should not choose to save your log-in information (e.g., user ID and
password) on that shared computer. Remember to sign out of your account and
close your browser window when you have finished your session.
No data transmission over the internet or any wireless network can be
guaranteed to be perfectly secure. As a result, while we try to protect the
information we hold for you, we cannot guarantee the security of any
information you transmit to us and you do so at your own risk.
H. CHANGES TO THIS PRIVACY POLICY
Any changes to this Privacy Policy will be communicated by us posting an
amended and restated Privacy Policy on the Sites. Once posted on the Sites the
new Privacy Policy will be effective immediately. You agree that any information
we hold about you (as described in this Privacy Policy and whether or not
collected prior to or after the new Privacy Policy became effective) will be
governed by the latest version of the Privacy Policy.
I. YOUR FEEDBACK
We welcome your input regarding our Privacy Policy and any comments on the
services we provide to you. You may send us your comments and responses bypost to: Customer Matters, Intermino Group Limited, 20-22 Wenlock Road,
London, UK.