Terms and Conditions
Mkt2 trade
Certificat N* : 497722
Vat IE 9808334M
Kandoy House , 2 Fairview Strand, DUBLIN 3, IRELAND
12 Helmet Row, ED1V 3QJ, LONDON, UNITED KINGDOM
Mkt2trade.com Websites
Use of Materials on Mkt2trade.com Websites
Unless otherwise specified, you may view and download the materials on these Websites for your personal, informational, commercial and non-commercial purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on these Websites in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose. Mkt2trade.com reserves all rights to its copyrights, trademarks and other intellectual property..
Use of Downloadable Software
Any software that may be downloaded from these Websites are licensed subject to the terms of the applicable license agreements. Except for rights granted pursuant to such license agreements, Mkt2trade.com and its licensors reserve all intellectual property rights, title and interest in such software.
Partner and other Third Party Descriptions
These Websites contain information concerning various third parties (often referred to as "partners") who offer products or services compatible with Mkt2trade.com products. This information is provided for your convenience only. Mkt2trade.com is not responsible for and does not warrant any third party product or service or the accuracy of any description.
Links to Other Websites
Mkt2trade.com provides certain links to other websites as a convenience to you. Mkt2trade.com does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. Mkt2trade.com is not responsible for the content of any site that may be linked to from Mkt2trade.com Websites.
Disclaimer of Warranty
Information on these Websites may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. Mkt2trade.com may make changes and/or improvements in the products and/or programs described on its Websites at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND MKT2TRADE.COM, ALL MATERIALS PROVIDED ON ITS WEBSITES ARE PROVIDED AS IS, WHERE IS, AND AS AVAILABLE. WE MAKE ABSOLUTELY NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
Limitation of Liability
IN NO EVENT SHALL MKT2TRADE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA LOSS OR DATA USAGE INCLUDING PERSONAL INJURY OR DAMAGES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, ITS WEBSITES OR ANY OTHER HYPERLINKED WEBSITES, EVEN IF MKT2TRADE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify us from and against any and all claims and damages of any kind (including attorneys' fees) resulting from your use of the Mkt2trade.com Websites, from your breach of any provision of the Terms of Use, Security Policy or Privacy Policy or from any actions you take. We reserve the right to report any wrongdoing by you, if we become aware of it, to the applicable government authorities.
Release
Mkt2trade.com does not get involved in Member-to-Member transactions, in the event that you have a dispute with one or more Members, you have agreed to release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the Mkt2trade.com Websites or such disputes. You waive the provisions of any state, province, or country law limiting or prohibiting a general release.
User Submissions/ Messaging
You are prohibited from posting or transmitting to or from these Websites any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. Mkt2trade.com may, but is not obligated to, monitor or review any areas on this Website where users transmit or post communications. Mkt2trade.com will have no liability for the content of any communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise. Mkt2trade.com and its administrators and moderators reserve all rights to remove any information deemed off-topic, unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. Mkt2trade.com and its administrators and moderators also reserve all rights to block or otherwise expel any user or member of Mkt2trade.com or its Websites who is deemed to have violated these terms including IP addresses or ranges of IP addresses at the discretion of Mkt2trade.com administrators and moderators. Mkt2trade.com may also prohibit users or members from utilizing these Websites if these users or members are in certain jurisdictions that are considered state sponsors of terrorism.
Export Control
By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws of the land where you reside, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: (i) to any national or resident including those of Cuba, Iraq, Iran, Sudan, Libya, Syria, North Korea, or to any other country embargoed or restricted by the U.S. (This list of countries is current as of May 2008 but is subject to change); (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. You are also agreeing not to download, transfer, export or re-export Mkt2trade.com products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses. In addition, you are also agreeing that you will not export any Confidential Information from the United States except in full compliance with all requirements of the International Traffic in Arms Regulations (ITAR), the Export Administration Act and all other applicable laws and regulations. In addition, you will avail yourself of the Government policies and Arms Control laws and regulations of the land where you reside and access these websites.
Applicable Laws
These Websites are controlled by Mkt2trade.com from its offices in Dublin, London. Mkt2trade.com makes no representation that materials at its Websites are appropriate or available for use outside of its locations and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this Website shall be governed by the substantive laws of the government of Ireland, excluding its principals as to conflicts of law or the European Convention on contracts for the International Sale of Goods. Any dispute arising out of or in connection with the use or access or otherwise related to its websites shall be finally settled by a competent court in Dublin, Ireland.
In addition, your use of the Mkt2trade.com websites represents your agreement that you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Websites, and that your quoting and purchasing of products and services and your posting and retrieval of information (including without limitation those governing, unfair competition, antitrust, and false advertising). You also acknowledge that we have an express policy of complying with all applicable laws, including but not limited to antitrust laws, and that the operation of the Website is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the Website in violation of any antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive activities. You are also responsible for paying all applicable fees, duties and taxes you may incur as a result of conducting business via the Websites.
Buyers and Suppliers
Buyers including Engineers, Sourcing Professionals and all others registering as Buyers and sourcing on Mkt2trade.com represent that they are the owners of the intellectual property placed on the Mkt2trade.com Websites for sourcing or that they have the full authority to do so including to place drawings on the Websites which are then disseminated to the supplier community. Mkt2trade.com does not guarantee that quotes will be received by Buyers sourcing RFQs.
Suppliers and all others registering as Suppliers and providing quotes on Mkt2trade.com further represent that they will respect the intellectual property of the Buyers including abiding by the confidentiality agreements and non-disclosure agreements specified by Buyers.
Paid Suppliers also agree that they receive membership accounts in their own name or their companies name and that these are single user accounts which may not to be used by multiple persons. Named companies may transfer accounts in the event that an employee originally assigned an account is no-longer in that position due to reassignment or no-longer works for the company. Companies purchasing a multi-user account may utilize their accounts for named users only.
Buyers and Suppliers are responsible for performing their own due diligence on one another prior to soliciting quotes or providing quotes or awarding work and transacting business. This due diligence may take forms not provided by the Mkt2trade.com Websites.
Service Warranty
The use of the Mkt2trade.com Websites may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications (including but not limited to circumstances such as: acts of sabotage, embargo, war, closing by governmental authorities, strikes, interruptions of telecommunications, floods, lightning, fire, earthquakes, viruses or other electronic impediments, or intentional or accidental errors committed by Users). Users acknowledge that Mkt2trade.com is not responsible for any delays, failures or other damage resulting from such limitations and that while every effort is made to provide industry standard uptimes of its, this is not guaranteed and furthermore Mkt2trade.com reserves to the right to interrupt service for scheduled or unscheduled maintenance or to fix bugs and errors as they occur.
Notices
You shall provide any required notice to us by e-mail to support@mkt2trade.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient).
Communications
When you agree to use any Mkt2trade.com services, or send emails to us, you are communicating that you consent to receive communications from us. We will communicate with you by email, fax or by posting notices on this site or through other Mkt2trade.com services. You agree that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement that such communications be in writing.
Ownership
You retain exclusive ownership rights over Your proprietary business data, information and strategy as well as the data or other information entered on the Mkt2trade website as part of conducting its business on the Mkt2trade website. Mkt2trade reserves the right to collect information from activity on the website. In addition, Mkt2trade reserves the right to aggregate and analyze such information, and create meta data (meta data is data that describes data). In no event will You or Your specific data, information and strategy and or any other information relating specifically to You be identifiable. Any such meta data is the property of Mkt2trade.
Other General Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Changes to these Terms of Use
Mkt2trade.com may at any time revise these Terms of Use by updating this posting and without directly informing you. You are bound by any such revisions. Mkt2trade.com reserves all rights pertaining to its Websites. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Mkt2trade.com websites.
This Legal Information and Terms of Use was last updated February 25, 2015.