Terms of Use

 

THESE “TERMS OF USE” CONCUR TO THE ACQUISITION OF AN ICATALOGUE SERVICE SUBSCRIBER CUSTOMER DISCIPLINE. THESE TERMS OF USE ARE BINDING BETWEEN SERVICE SUPPLIER AND USER.

BY ACCEPTING THESE TERMS, CLICKING ON THE RELEVANT CHECKBOX, USING THE ICATALOGUE SERVICE OR SUBSCRIBING A CONTRACT RELATED TO THESE TERMS, YOU ACCEPT THEM IN FULL. IF YOU ARE ABOUT TO ACCEPT THESE TERMS ON BEHALF OF A COMPANY OR ANOTHER LEGAL ENTITY, IT MEANS YOU ARE ENTITLED TO LEGALLY REPRESENT SUCH COMPANY OR LEGAL ENTITY. IF YOU ARE NOT ENTITLED TO DO SO OR DO NOT AGREE WITH THE ICATALOGUE TERMS OF USE YOU MUST NOT ACCEPT THEM AND YOU MUST NOT USE THE ICATALOGUE SERVICE.

You must not enter or demand access to the iCatalogue service if you are a direct competitor of ours without our specific written authorisation to do so.

 

CONTENT INDEX

1.     Foreword

2.     Definitions

3.     Contract Legal Entities

4.     Service activation requirements

5.     General terms and conditions

6.     Platform access mode

7.     Liability limitations

8.     iCatalogue Partners

9.     Third party services and use of APIs

10.   Intellectual property

11.   Account cancellation

  

1.     FOREWORD

The “Catalog Management” service going by the name of “iCatalogue” is ruled by the following “Terms of Use”, which define the conditions for the use of such service, supplied through a system based on the following IT components:

  •  “platform”, accessible via web;
  • an “application" for “tablet" devices.

The present “Terms of Use” are subject to changes at any time and in any part: the use of the service involves the acceptance of the current terms and all their following changes. 

 

2.     DEFINITIONS

A few of the terms in use in the present document are defined here below:

PLATFORM  :  is the IT platform named iCatalogue, dedicated to the handling of the "catalog management" and  "order taking" activities, accessible only via web.

APP  : it is the iCatalogue Tablet application ( there are two types, depending on the type of platform activation required: SFA or MYAPP).

SUPPLIER  : it is the “Owner” Company and/or “Licensor” in charge of  - by territorial competence -  the full management of the iCatalogue service on a specific geographical area.  In the following “Point nr. 3” of the present “Terms of Use” document the various iCatalogue service supplier companies in the respective geographical areas are listed. USER  : it is the “Service Contract” subscriber company.

CATALOG MANAGER : it is the person in charge of the service by USER (usually the person with the platform access credentials).

APP USER  : who actually uses the “APP” (usually Sales Reps, Resellers, End-users and/or Customers of USER).

  

3.     CONTRACT LEGAL ENTITIES

The international iCatalogue sales organisation requires the subscription of the contract, by USER, with the SUPPLIER of the iCatalogue service competent by territory.

Listed below are the various iCatalogue SUPPLIER companies, with geographical competence area and relevant applicable law. 

SUPPLIER is the Company managing the iCatalogue service  in a territory, with reference to the USERS legal domicile country.

  

 

If you are resident in: You are subscribing contract with: The address is: Applicable law: Competent Court of Law
Italy Femar Consulting Srl

51, Via Garibaldi

25087 Salò (Brescia)

legal@icatalogue.it

Fax: +39.0365.555867

Italian Law

Brescia

ITALY

China, Japan,

Taiwan, 

Singapore,

Australia, Corea

Malaysia,

New Zealand.

iCatalogue APAC Ltd

16, Science Park

East Avenue

Sha Tin (Hong Kong)

legal@icatalogue.hk

Fax +852.6011.7283

Common Law

Londra

UNITED KINGDOM

Germany,

North America, Canada,

Middle East

Africa,

other countries.

iCatalogue Gmbh

28, Lerchenweg

83123 Amerang (Bayern)

legal@icatalogue.com

Fax +49.1234.56789

German Law

München

GERMANY

 

 

4.     SERVICE ACTIVATION REQUIREMENTS

Each USER may use the iCatalogue service only after having read, in all their parts, and accepted via web (“online acceptance”) the present “Terms of Use”.

In addition to the acceptance of the “Terms of Use”, the acceptance of the “Service Contract” is also required: signing and/or accepting the “Service Contract” implies its full approval and regular subscription by USER.  

No trial mode service activations will be provided. The payment of the activation fee and the first instalment by USER are always required to activate the iCatalogue service. USER must inspect the technical specs of the iCatalogue service and get informed about the functionalities it offers (information available on the iCatalogue website). No additional function (not officially acounted for on the iCatalogue website) is warranted, unless specified in detail and especially agreed upon in written form ( and on payment of specific additional costs).

 

5.     GENERAL TERMS AND CONDITIONS

You have to be of legal age to be a USER and access the iCatalogue service.

Basic technical support is available only to  the USER’S CATALOG MANAGERS.

Technical support is not directly available to APP USERS. USER may not use the iCatalogue service to publish or distribute illegal content, or in any case use iCatalogue in contrast with the laws of the country in which it is used.   

  

6.     PLATFORM ACCESS MODE

The access to the service takes place through the use of “username” and “password” credentials.

The service may be used from any web access point, but as long as a CATALOG MANAGER is logged on no other CATALOG MANAGER may log into the iCatalogue platform using the same credentials.

USER commits to keeping the iCatalogue platform access credentials as strictly confidential and is responsible for their custody.

USER will thus be the only responsible for any damage caused by third party use through its credentials.

USER commits in any case to immediately inform SUPPLIER about any theft, loss or any form of misappropiration of login and password by a third party.  

USER also commits to , abiding by the Privacy  Code, to change the “password”  at least once every 6 months using the platform’s “change password” function.

During registration, SUPPLIER must provide updated, complete and accurate information and references (especially e-mail address). USER must in no way try to bypass or tamper with the console’s access nad authentication.

It is expressly forbiden to USER to access the service through programs or methods other from those released and managed by SUPPLIER; the attempt to violate the service’s security or execute hacking or reverse engineering is illicit behaviour.

USER must timely notify SUPPLIER in case of unauthorised access to the service or its functionalities, or any security breach.   

 

7.     LIABILITY LIMITATIONS

USER uses the iCatalogue service, provided by SUPPLIER, taking all responsibilities resulting from its use.

Supplier is not chargeable for any damage or inefficiency coming from unauthorised access through the credentials assigned to USER.

In no case may SUPPLIER be held responsible for direct or indirect damage related to:

  • accidental loss of data;
  • loss of opportunities;
  • profit loss;
  • data insertion costs and ensuing non-use of service;
  • functionalities required and/or considered useful or essential by USER, but not officially available on the iCatalogue website and/or agreed upon in detail in written form at the time of “service Contract” subscription.  

Certain jurisdictions do not accept total limitation or exclusion of liability for accidental damage: in such case the maximum liability of SUPPLIER may never exceed EURO 500 (Euro Fivehundred).

  

8.   ICATALOGUE PARTNERS

SUPPLIER may avail itself of the sales and project cooperation of certain companies qualified in the following fields:

  • information systems integration;
  • digital communication.

SUPPLIER selects, qualifies, trains and certifies such companies defining them as “iCatalogue Partners”.

Each iCatalogue Partner may provide USER with project, graphic modelling, software and/or third party services integration services.
 
Contractualisation and invoicing – only for project, training and consulting services – takes place between USER and iCatalogue Partners in full autonomy and with complete non-involvement and absence of control by SUPPLIER: for such reason SUPPLIER may not be held responsible for any inefficiency whatsoever, lack of service and/or negligence of an iCatalogue Partner.

The only required condition for the start-up of project activities on the platform by an “iCatalogue Partner” is the activation of the platform itself. 

 

9.     THIRD PARTY SERVICES AND USE OF APIs

Through the use of APIs (application Programming Interfaces) you may allow third party services to exchange data with the iCatalogue platform.

The use of third party services is ruled only and exclusively by the relevant “Service Terms” and possible “service Agreements” available from the providers of such services.

SUPPLIER is not responsible for the malfunctioning of such services and/or cancellation and7or partial or total loss of data caused by data aligning sessions with third party services.

Enabling third party services, USER is expressly allowing SUPPLIER to send USER’s data to the requesting service.

  

10.     INTELLECTUAL PROPERTY

Intellectual property of the iCatalogue platform and iCatalogue tablet applications belongs to SUPPLIER.

Intellectual property of third party software components possibly adopted by the iCatalogue platform remains to the legitimate owners. 

 

11.     ACCOUNT CANCELLATION

You have to be of legal age to be USER and access the iCatalogue service.

Each USER may use the provided service only after having read in all its parts and having expressly accepted via web (“online” acceptance) the present “Terms of Use”. 

 

 

These Terms of USE were last updated on 02.08.2014.

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