General Terms & Conditions Service

 

INDEX

 

1.   Content of the Service

2.   Platform’s ownership

3.   Terms applicability

4.   Disclaimer submission procedure

5.   Terms of use and service duration

6.   Conclusion, validity and Contract’s archiving methods

7.   Supplier’s Responsibility and Indemnity

8.   Limitation of responsibility and Faculty of the Company

9.   Imputable appearance

10. Link and malware

11. Right to privacy

12. Industrial and intellectual property

13.  Right to withdraw

14. Limitations on the content of publications

15. Jurisdiction, Applicable Law and Competent Court

16. Validity of the present General Terms and Conditions

17. Changes

18. Definitions

 

 

1. Content of the Service

  1. WTC Services S.r.l.s., Social Security Number and VAT Registration Number 14561821001, with registered address in 00195 Roma (RM), via Filippo Corridoni n. 15 ("The company") is the owner of the website www.worldtradecontacts.com ("Website").
  2. www.worldtradecontacts.com aims to promote and advertise, among its worldwide users, the business of companies and professionals who will join the Website ("Suppliers").
  3. The Company, through its Website, intends to put the Suppliers in contact either with each other and with any party interested in the products and / or services offered by the Suppliers and in fact, the Company  makes available to the Suppliers who intend to use a service ("Service") which allows to publish the Company’s Name, Address, Mail Address, Telephone, Social Contacts and Product Categories processed by the Suppliers ("Product").
  4. Once the specific disclaimer is obtained from the Supplier, the Product will be published on the Website and it will be forwarded only to users of the Website, who have made an express request and to whom the payment of a contribution in favor of the Company may be requested. It’s being understood that some percentage will be due and / or recognized to the Supplier.
  5. The Serviceis a mere data publication and no fee is expected, thus the present contract between the companyand the Supplieris to be understood as free and without any relationship of subordination between agencies. If the Supplieris a individual, so far, for everything which is not specified in the presentGTC, reference is made to thePrivacy Policywritten in implementation of the U.E. Regulation 2016/679 (G.D.P.R.)

2. Platform’s ownership

  1. The company is the sole owner of the web platform through which the Service is managed, as well as all the relative rights related to the exploitation of the platform itself.

3. Terms applicability

  1. These General Terms and Conditions of Service apply exclusively to Suppliers who intend to use the Service and who have provided a specific disclaimer for the publication of the Product.
  2. It can only be concluded by mutual consent or by causes expressly permitted by the Law.

4. Disclaimer procedure

  1. The disclaimer, whose text will be as follows: "We hereby authorize the publication on www.worldtradecontacts.com of my Business Name, Address, Email Address, Phone, Social Contacts and Products Categories processed by us and we agree that WTC Service S.r.l. makes this data visible to the users of www.worldtradecontacts.com. At the same time, we prohibit its use in any other context that is not linked and / or connected to the service provided by www.worldtradecontacts.com. We also declare that the use of the data supplied by us is free of charge and that, at any moment, we can exercise the right to be forgotten on the material indicated above by written disclosure to WTC Service S.r.l. with registered address in 00195 Roma (RM), via Filippo Corridoni n. 15. Under Article 13 e 14 G.D.P.R., we disclose that the provided personal data must be processed lawfully and correctly, using both paper and electronic means. We also declare to be aware of the legislation and relative regulations in this regard." will be retabled to the Supplier during registration and must be expressly accepted by the Supplierflagging in the appropriate space.
  2. The disclaimer can be intended as expressly accepted even through the full acceptance of these GTC.
  3. A specific consent may also be required for the acceptance of the disclaimer only if, once the disclaimer has been flagged, the Company will be authorized, under the Law and the Contract, to publish the Product on the Website and make it visible to the users who have asked for it.

5. Terms of use and service duration

 

  1. The use of the Service is free of charge for Suppliers and allows the visibility of the Product on the Website to  the users who will expressly request it to The Company.
  2. The Service shall be considered as indefinite time.

6. Conclusion, validity and Contract’s archiving methods

  1. The Contract ends when the Company receives the disclaimer and a clear supplier’s authorization to publish the Product.
  2. Under Article 12, Decreto Legislativo n. 70/2003, the Company informs the Supplier that the Service and / or each Product is digitally stored on the Company server, in full compliance with the confidentiality and security criteria.

 

7. Supplier’s Responsibility and Indemnity

  1. The Supplier is totally and exclusively responsible for the use of the Service (to be understood as referring to the Product as communicated to the Company and then published on the Website) and it is, therefore, the only guarantor and responsible for the goods and services offered through the Service as well as the correctness, completeness and lawfulness of the advertisements and their behavior within the Service.
  2. The Supplier guarantees the availability and / or the ownership of the good / service object of the Product listed on the Website.
  3. The Supplier also warrants that the Product as published on the Website does not violate any copyright or industrial property rights or any other third-party rights. In the case of a dispute by third parties regarding the Product, the Supplier takes full responsibility and undertakes indemnity towards the Company from any damage, loss or expense.
  4. The Supplier undertakes indemnity towards the Company from any liability action that may be brought against the latter due to the above stated responsibilities and breaches of contract or regulations directly or indirectly related to the execution of this contract.

8. Limitation of responsibility and Faculty of the Company

  1. The Company doesn’t guarantee in regards to the content, the completeness and correctness of the published Product or with regard to the published data, nor with regard to the information subsequently provided by the Supplier, nor with reference to the number or quality of the results obtained through the Service.
  2. In any case, the Company reserves at any time the right to evaluate, approve, eliminate or prevent the insertion or the right to inhibit the consultation or the contact in case, at its own discretion, the use of the Service by the Service refers to particular product category or may be considered detrimental to the rights or prerogatives of the Company or third parties, in such cases it may be the Company's right not to accept registration requests or to temporarily suspend or permanently deny access to Website also through the revocation and / or disabling of the Identification Codes, to the Supplier that does not ensure sufficient guarantees of reliability regarding the contents of the present conditions, or that has incurred in default and / or other contractual conditions that may be applicable, or if  he has or he is willing to use the Website illegally and / or in bad faith. In the evaluation of the above measures, the Company will abide by a good faith and reasonableness criteria.
  3. It is understood that even in the case of evaluation and approval of the Company’s Product, the Company does not give any guarantee regarding the content, the completeness and correctness of the same.
  4. The Company is also unrelated to any negotiations arising from the use of the Service and therefore does not guarantee the goodness or the outcome of those, therefore no request for restitution, compensation, repair and / or refund for any reason may be addressed against the Company.
  5. The Service is offered through the website www.worldtradecontacts.com, its related m-website and mobile applications that may contain banners / links to other Internet Websites or applications that are not under the control of the Company; the publication of the above stated banner / link does not imply approval or endorsement by the Company of the relative Websites and their contents, nor it implies any form of guarantee on the part of the Company which therefore assumes no responsibility.
  6. The Supplier recognizes, therefore, that the Company is not responsible for the truthfulness, correctness, completeness, respect for intellectual and / or industrial property rights, or for their possible opposition to public order, good manners and / or morals.
  7. The Company under any circumstances cannot be considered partially or completely responsible for the exchange of communications between the Suppliers and the users of the Website and from negotiations arising between them. Company cannot be considered responsible for damages resulting from the failure to provide the Service subject of this contract due to the wrong or non-functioning of electronic means of communication for reasons outside the sphere of its foreseeable control. As an example, but not exhaustive, the malfunctioning of servers and other electronic devices, even if they are not part of the Internet, malfunctioning of installed software, computer viruses, as well as actions by hackers or other users having access to the network.

 

9. Imputable appearance

  1. The Client agrees to apply to the operations carried out through the use of the Identification Codes, however, attributable to his activity and to the manifestations of will and / or consent expressed within the Website, the principle of imputable appearance, pursuant to which the Client will always respond to the use, even abusive, of the Identification Codes that can be attributed to him. Therefore, the Company may legitimately consider the Client, identified with his Identification Code, to be bound by all the above stated manifestations of will and / or consent.
  2. The Client undertakes to take every precaution necessary to guarantee the secrecy and correct use of the Identification Codes. The Client will be exclusively responsible for any activity carried out through the use of the above stated Identification Codes.

10. Link and malware

  1. While periodically checking the content of web pages linked from the Website or reachable by advertising banners (and / or other advertising spaces) that may be present on the Website, the Company has no responsibility for the contents of the same.
  2. Despite the regular monitoring of the Website, the Company cannot guarantee that it is free of viruses or other potentially harmful programs. Before accessing the network and carrying out any operation, including, in particular, downloading documents and software, the Supplier must always adopt the most up-to-date protection measures.

11. Right to privacy

  1. Except in the cases imposed by the Law or by the provisions of the Public Authorities, and except for the Service subject of this contract for which the Supplier has granted appropriate authorization and release to the Company, the Parties mutually undertake, in the absence of explicit authorization issued for this purpose, not to disclose to third parties and for the duration of this contract, all the Confidential Information of any nature communicated between the Parties under the present contract, except for those that are already legitimately in the public domain or coincide with the object of the contract itself as documents (in electronic and paper format), news, projections, estimates, knowledge, industrial and intellectual property (including ideas, concepts, procedures, methods, know-how and / or technical information), data of any kind, technical-industrial and commercial experience, marketing and advertising programs, commercial data, evidence or other secrets related to the Parties (above stated "Confidential Information").
  2. The Parties, recognizing the discretion of the Confidential Information, ensure that their use is carried out according to the methods and means strictly necessary for the performance of this contract, they avoid the use of the same for unauthorized purposes and / or different from those deriving from this Contract and they adopt all the security measures necessary for their protection. Thus, the Supplier prevents any unauthorized disclosure of the Confidential Information by its directors, employees, agents, collaborators or consultants.
  3. In particular, it is expressly forbidden to: (i) disclose and communicate in any way or form the Confidential Information; (ii) copy and / or reproduce, in whole or in part, the Confidential Information except for operational requirements strictly related to the performance of this Contract; (iii) disclose the Confidential Information to third parties without the prior written consent of the other Party; (iv) make announcements and / or communications to the public regarding the Contract without the prior written consent of the other Party, except for announcements and mandatory communications according to the Law (the text of which must in any case be promptly submitted to the Company and must be agreed with the latter before communication).
  4. The confidentiality obligations set out in this Article shall bind the Parties for the duration of the Contract and for the next 5 years after any termination and in any case until the Confidential Information maintains an economic / commercial value depending on their secrecy. In any case, at the end of the Contract the Parties will have to return all the Confidential Information received under the contract, including documents, materials and / or products.
  5. In the case that the communication of sensitive data is required by order of the judicial authority or other competent authorities, the obliged Party shall be obliged to give prior notice to the other.

 

12. Industrial and intellectual property

  1. The Supplier acknowledges that, with the exception of the Products, the brands and distinctive signs, contents, information, programs, layouts, texts, images, photographs, videos and databases used by the Company, as well as any and all technical and creative solutions contained and / or adopted by the Company on the Website are protected by a proprietary right and they are the sole property of the Company, unless otherwise indicated in writing, and in any case agreed with those entitled.
  2. It is strictly forbidden to use the Website if it is not connected to the purposes pursued by the Company and if it is against  the provisions of these GTC’s.

13. Right to withdrawal

  1. Pursuant to the second paragraph of Article 1373 of the Codice Civile Italiano, the Supplier has the right to withdraw from this contract, without any penalty and without specifying the reason.
  2. In the case that the Supplier decides to exercise the right to withdrawal, he must notify the Company registered letter with return receipt, to be sent to the following address 00195 Rome (RM), via Filippo Corridoni n .15. It’s the date of shipment to the Post Office, evidenced in the relative stamps on the receipts, the valid proof between the Parties.
  3. The right to withdrawal cannot affect the services that have already been performed. Therefore, the withdrawal will not be valid and the Supplier cannot claim anything from the Company for Products communicated to the Website users before the correct receipt of the notice of withdrawal by the Supplier.
  4. In case of the exercise of the right to withdrawal, if it complies with the provisions of this contract, as well as those of the Law not derogated from the same, the Company will obscure the Product from the Website within the following 40-day terms from the receipt of withdrawal notice (in case of Italian Supplier) - 60 days from the receipt of withdrawal notice (in case of European Supplier) - 90 days from receipt of notice of withdrawal.
  5. With the receipt of the Supplier communication to withdrawal, the parties are released from mutual obligations except the ones provided in the previous stated points.

14. Limitations on the content of publications

  1. The Supplier undertakes not to falsify his identity and to comply with all the applicable legal provisions as well as these General Conditions, which the Supplier accepts and review before inserting the Product.
  2. In this regard, the Supplier acknowledges and accepts that the Product is published and that it is compulsorily disclosed in a clear text - visible to the users authorized by the Company - the information related to the Product, and in particular the Company Name, Address, Email Address, Phone, Social Contacts and Product Categories.
  3. The Supplier also undertakes not to use the Service for the publication, transmission, exchange of illicit, vulgar, obscene, libelous, defamatory, offensive, or, in any case, infringing the rights of others or messages inciting to the hate and racial or religious discrimination.
  4. In addition, the Supplier undertakes not to use the Service to violate the intellectual or industrial property rights of the Company or third parties.

15. Jurisdiction, Applicable Law and Competent Court

  1. Relations between the Company and Suppliers are governed by the Italian law and jurisdiction, according to which the present General Conditions must also be interpreted.
  2. The Parties shall submit all disputes arising from these GTC’s or related to them, including those related to its interpretation, validity, effectiveness, execution and resolution, to the mediation with an accredited Forensic Conciliation Body, chosen by an agreement between the same Parties. The Parties will try a mediation before commencing any judicial proceedings.
  3. In the case that the mediation fails, all disputes arising from this contract or connected to it will be devolved to the exclusive jurisdiction of the Court of Rome.

 

16. Validity of these General Conditions

  1. These General Terms and Conditions of Service will be considered applicable, where compatible, also in case of further, different and specific agreements related to paid services. However, the Company may unilaterally make changes to these General Conditions at any time by notifying them on its web platform.

 

 

17. Changes

  1. These conditions may be subject to change. In case of substantial changes, the Company will notify the Supplier by publishing them with the maximum evidence on its webpages or by email or other means of communication.

 

18. Definitions

The following meaning is given to the expressions conventionally indicated with a capital letter

and bold italics (both singular and plural):

  • General Terms and Conditions of Service (or "GTC’s"): contractual conditions under which the Company governs, by virtue of electronic negotiation, relations with subjects defined as Suppliers;
  • The Company: WTC Services S.r.l.s., Social Security Number and VAT Registration Number 14561821001, with registered office in 00195 Roma (RM), via Filippo Corridoni n. 15.
  • Website: Internet site accessible at the URL www.worldtradecontacts.com;
  • Supplier: subject who concludes the contract with the Company.
  • Registration: the operation that involves the issue of credentials ("Identification Codes"), represented by a User ID (in the form of an alphanumeric code) and a Password (in the form of an alphanumeric code), which allow the access to a personal area (login). The Registration has the function of identifying the Client during his/her purchases made over time and it allows a better usability of the Website, also through the access to the personal area;
  • Parties: Company and Supplier;
  • Service: mere publication of data in a free form;
  • Product: service object of the Service (specifically, Business Name, Address, Mail Address, Telephone, Social Contacts and Product Categories treated by Suppliers). All the information related to the Products collected in the relative form cannot be considered compulsory for the Company except in the forms and procedures provided by the present GTC’s.
  • Contract: agreement for the trade of one or more Products finalised electronically between the Parties, according to the present GTC’s. The Contract is considered concluded in the location where the Company has its registered office;
  • Confidential Information: records, documents (in electronic and paper format), news, projections, estimates, knowledge, intellectual property (including ideas, concepts, procedures, methods, know-how and / or technical information), data of any nature, technical-industrial and commercial experience, evidence or other secrets inherent to the Parties that at the time of disclosure or delivery are in any case identified as confidential, provided or to be provided, verbally or writing, by administrators , employees, intermediaries or consultants of the same Parties in relation to this contract. The Confidential Information does not include: (i) all information and data relating to the Service and / or Product object of this Agreement as well as all data and / or information connected to them; (ii) information and data in the public domain at the time when they were disclosed to the Company (iii) which become known to the public by means of publications or other means, except in case of violation of this Agreement by the Supplier; (iv) that they were already in the possession of the Company at the time of their communication by the Supplier provided that such information was not acquired directly or indirectly in violation of these GTC’s; (v) they are legitimately received by the Company from third parties, provided that they are not third parties who received such information, directly or indirectly, from the Company.