United Kingdom

5 Upper Montagu Street

London W1H 2AG

Tel +44 20 3287 2407

Company no 07022539

Italy

Via Frua 6

Milano 20146

Tel +39 02 8973 0658

P.IVA 09695750969

 

China

Chaoyang

Beijing

Tel +86 18801495721

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© 2019 Business e via Italy

Terms and Conditions of Business e Via Italy

The following are terms and conditions (“T&C”) governing the use of the Service, as defined in the article 2 herebelow. By accepting these T&C, you acknowledge you are entering into a binding agreement between you and Business e via Italy (“BEV”), owner of the businesseviaitaly.com website and with registered office in Via XX Settembre, 24 - 20123 Milan, Italy

 

By accessing or using the Platform and the Service, as defined in article 2 herein below, the user acknowledges and accepts this T&C, without any limitation or qualification. Please read them carefully.

 

BEV offers a Service addressed to professionals (individuals and companies) only. The User declares and engages to use the Platform and the Service within its professional activity exclusively.

 

1. Definitions

a. "Application": means User’s submission to BEV of the form, available on the Site, duly completed with all the obligatory details.

b. "Account": means each User authorized by BEV to use the Platform.

c. "Buyer": means the User who has specified its preference to use the Platform in order to purchase (or propose to purchase) Products/Services.

d. “Buying Request”: means Buyer’s post, published on the Platform, containing the description of the Products/Services object of his business interest.

e. “Confidential Information”: means the proprietary information provided or made available by the Disclosing Party to the Receiving Party that has or could have commercial value or other utility in the business in which the Disclosing Party operates.

f. “Disclosing Party”: means the owner of the Confidential Information provided to the Receiving Party.

g. “Match Fee”: means the amount, fixed by BEV and agreed with the Proposing User, that the User shall pay in order to see the details of the Proposing User (i.e. the Seller/the Buyer who has published the offer/request on the Platform).

h. “Platform”: means the businesseviaitaly.com website, owned by BEV.

i. “Products/Services”: means the products and/or services that the Seller or the Buyer wants to sell or buy respectively through the Platform.

j. “Proposing User”: means the Seller/the Buyer who has published the offer/request on the Platform.

k. “Receiving Party”: means the User who receives the Confidential Information from the Disclosing Party.

l. “Sale Offer”: means the offer that the Seller makes available to other Users and containing a peculiar description of the Products/Services that the Seller wants to propose for sale through the Platform.

m. “Seller”: means the User who has specified its preference to use the Platform to sell its Products/Services.

n. “Service”: means the specific services provided by BEV and related to the possibility to make business relationships between professionals by using the Platform.

o. “Success Fee”: means the amount that the User shall pay in case of the conclusion of the transaction and that is variable according to its value.

p. “User”: means each professional who joins the Platform and uses the Service.

q. “View More”: the request made by the User to receive additional information on a specific Sale Offer or Buying request posted by another User.

 

2. Our Service

 

2.1 The Platform provides introduction/connection services between professionals in order to help enhancing their business (e.g. cooperation, import, export) with/to/from the Italian market.

 

3. Request for a BEV Account

3.1 The Service is accessible by professionals only, accepted by BEV in accordance to articles 4 and 5 below. The Service is therefore not accessible to “consumers” as defined by Directive 2011/83/UE.

3.2 In order to request access to the Platform, the User has to submit its application to BEV providing the business information requested on the Platform (company name, address, company registration number, country of incorporation, main business, contact details). The User is moreover required to specify its preference to use the Service as a “Buyer” or a “Seller”, as well as to provide a general company description to be published in the “public section” of the Platform.

3.3 BEV will review the Application and shall have the faculty -not the obligation- to approve, at its sole discretion, the requesting party’s access to the Platform.

3.4 In case of authorization, BEV will send a confirmation email to the User and the credentials necessary to access the Platform and to insert a personal password.

3.5 All the information provided for the Application shall be accurate, correct, true and complete.

4. Approval as a Seller

a. In order to publish a Sale Offer on the Platform, the User is required to fill-in the dedicated form, available on the Platform, providing a detailed description of the offered Products/Services.

b. In order to be published, Sales Offers shall be approved by BEV at its sole discretion and shall not, directly or indirectly, mention the company name, address, brand and/or any other element which may in any way disclose the identity and/or the brand and/or specific products of the Seller. During the review of the Sale Offer, BEV may contact the User to ask more detailed information on the Sale Offer.

c. Once the offer is approved, it will be published on the Platform and will be visible by all the Users.

d. The Seller herein authorises BEV to provide its contact details to any Buyer that will request, through the Platform, additional details regarding the Sale Offer. Therefore, upon receipt of a Buyer’s View More request, BEV will:

make its platform available for first communications between the parties (such as chat/Webex platform) with BEV assisting the first meetings and, if requested further meetings.

e. In case of successful outcome of the match, BEV shall be entitled to the commissions as defined in article 6 of these T&C.

5. Approval as a Buyer

a. The User - in order to publish a description of Products/Services that he is willing to buy - is required to fill-in the dedicated form, available on the Platform, providing a detailed description of the offered Products/Services.

b. In order to be published, Buying Requests shall be approved by BEV at its sole discretion and shall not, directly or indirectly, mention the company name, address, brand and/or any other element which may in any way disclose the identity of the Seller. During the review of the Buying Request, BEV may contact the User to ask more detailed information on the Sale Offer.

c. Once the offer is approved, it will be published on the Platform and will be visible by all the Users.

d. The Buyer herein authorises BEV to provide its contact details to any Seller that will request, through the Platform, additional details regarding the Buying Request. Therefore, in case of a Seller’s View More ______ regarding the Buying Request, BEV will:

make its platform available for first communications between the parties (such as chat/Webex platform) with BEV assisting the first meetings and, if requested further meetings.

e. In case of successful outcome of the match, BEV shall be entitled to the commissions as defined in article 6 of these T&C.

 

6. Fees and payment terms

6.1 Joining the Platform is free so as Users’ consulting of other Users’ publications.

6.2 After selecting the “View More” button related to a specific offer/request, the User will be required to pay the Match Fee for the amount, from time to time shown with reference to every specific offer/request, in order to receive to see the identity of the other User the match has been made with as well as more detailed descriptions of the offer/request.

6.3 The value of the “View More” option referred to any offer/request is discretionally fixed by BEV

6.4 The requested information shall be available after successful outcome of the payment. Failure to pay the Match Fee will result in the impossibility to see the identity of the other User the match has been made with.

The User will be required to pay the Success Fee in the event of successful outcome of the contact made through the Platform. Terms and conditions of the Success fee shall be agreed between the User and BEV before publication of any Sale Offer or Buying Request

6.5 The User shall give a notice to BEV about the successful outcome of the deal and the transactions within and not later than twelve (12) months since the outcome itself.

6.6 The Service also provides the possibility for Users to choose among a variety of packages including different services. For prices and other information about the packages, please refer to the dedicated section of the Platform.

 

7. Use of the Service

7.1 The User is responsible for the usage of its Account and shall therefore:

a. keep the ID and password secure and confidential;

b. not tempt to access to another User’s Account;

c. not permit other Users and/or third parties to use its Account;

d. not sell, trade or transfer your Account to any third party;

e. not copy or transfer any part of the Service.

7.2 The User shall inform BEV immediately on any unauthorized use of the Account and/or any infringement of laws or security regulations.

7.3 The User agrees to strictly observe the following “DOs”:

a. comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws and regulatory requirements;

b. provide accurate information to us and keep it updated;

c. provide the real name and correct information about the company;

d. use the Service in a professional manner and for business purposes only.

7.4 The User agrees to strictly observe the following “DON’Ts”:

a. act in an unlawful, abusive, dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;

b. disclose information that you do not have the right to disclose, in accordance with article 10 herebelow;

c. infringe intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other rights;

d. copy or use the information and content of others available on the Service, except as expressly authorized.

7.5 BEV grants the User a non-exclusive, limited, non-sub-licensable and revocable license to use the Service, the Platform, the content and information owned by BEV within the limit of what stated in the T&C hereby.

7.6 BEV generally does not review content provided by the other Users. The User agrees that BEV is not responsible for other Users’ content or information or for any damages as result of the use of or reliance on it.

7.7 BEV reserves the right to limit the use of the Service and the Platform by Users. BEV also reserves the right to restrict, suspend, or terminate the User’s Account if there is any suspect of breach of the T&C hereby, applicable laws or other regulations by the User itself.

 

8. Intellectual property rights

BEV reserves all its intellectual property rights related to the Service and the Platform. Trademarks, Service marks, graphics and logos used in connection with the Service and the Platform are trademarks or registered trademarks of BEV. In the event of any type of infringement, BEV will take into consideration the proper legal actions in order to pursue the violation occurred, as well as any loss or damage suffered.

 

9. Privacy policy / Use of Cookies

The User acknowledges and agrees that BEV may access, store, disclose and use any information that the User provides. Any treatment of your data and information will be carried out in accordance with the applicable laws and regulations. Please refer to the Privacy Policy / Use of Cookies section at this link www.businesseviaitaly.com/privacypolicycookies.

 

10. Non-disclosure / Non-Circumvention

10.1 Non-disclosure

a. Receiving Party agrees that it shall:

i. not disclose to any third party and not use the Disclosing Party’s Confidential Information in any way, for its own benefit or the benefit of any third party;

ii. carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in article 10 hereby.

b. Receiving Party shall protect the confidentiality of the Confidential Information of the Disclosing Party using precautions that are at least as stringent as it takes to protect its own Confidential Information.

c. The following shall not be considered as Confidential Information and therefore as excluded from the article hereby:

i. information publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party;

ii. information discovered or created by the Receiving Party before disclosure by Disclosing Party;

iii. information that is disclosed by Receiving Party with Disclosing Party's prior written approval.

d. The provisions of article 10 hereby shall survive the termination of the use of the Service and the Platform, and the Receiving Party's duty to hold Confidential Information in confidence shall remain in effect for three years from registration.

 

10.2 Non-Circumvention

a. During the usage of the Service, Receiving Party shall not to/try to contact directly or indirectly the Disclosing Party before BEV assigns and consequently approves the match.

b. Receiving Party acknowledges and agrees that all communications regarding the potential transaction with the Disclosing Party, requests for clarifications and any other related information shall be submitted or directed to the Disclosing Party and not directly with any other third party.

c. Receiving Party shall not use Confidential Information to the detriment of the Disclosing Party and to use it only in connection with its evaluation of the potential transaction.

 

11. Disclaimer of warranties

11.1 Except where expressly provided otherwise, the Service, the Platform and any other tools associated therewith are provided solely “as are” and are for use as contracted herein. BEV hereby disclaim all express or implied warranties and representations, including all warranties of merchantability, fitness for a purpose, accuracy of data, performance, non-infringement and any other warranty arising from the usage of the Service and in connection with the T&C hereby. BEV does not warrant that the Service and the Platform will be uninterrupted, error-free, virus-free or secure.

11.2 BEV does not have any obligation to verify the identity of the Users joining the Platform, nor does it have any obligation to monitor the use of the Service and the Platform by other Users. BEV therefore disclaims all liability for any type of misuse of the information and is not responsible for the delivery of the messages or content sent through the Platform.

 

12. Limitation of liability

12.1 To the extent permitted under law, BEV shall not be considered liable to the User or others third parties for any special, incidental, punitive indirect, exemplary, or consequential damages or for lost revenue, lost profits, cost of replacement of services, loss of technology, loss of data, interruption or loss of the use of the Service in connection with the T&C hereby.

12.2 In no event shall the liability of BEV exceed, in the aggregate for all claims, an amount that is ____.

12.3 The foregoing limitation of liability shall apply regardless of whether such liability arises from any claimed based upon contract, warranty, tort, strict liability or otherwise and whether or not BEV has been advised of the possibility of such loss or damage.

 

13. Indemnity obligations

The User acknowledges and agrees to defend BEV, at its own expenses, any claim or action against BEV brought by a third party to the extent that such claim or action arises from a) the User failure to comply with or violation of any applicable law or regulation; b) the User infringement of any third party’s intellectual property right; c) any activity the User engages by using the Service. The User shall therefore indemnify and hold BEV harmless from and against liability incurred by BEV that is specifically attributable to such claim or action and for all related damages, loss and costs (including, but not limited to, reasonable legal fees and costs).

 

14. Service availability

BEV, at its discretion, may change, suspend or end the Service, or modify and change prices prospectively for all or part of the Service. These changes shall be effective upon their posting on the Platform or by direct communication to the User unless otherwise noted.

 

15. Termination

15.1 In general, the Service and the Platform are provided for an indefinite period. BEV is authorized, at its sole discretion, to suspend or interrupt the Service and/or the Platform at any time with a prior notice sent to the User.

15.2 The User may termite the use of the Service and the Platform and, consequently, will lose the right to access and use the Service.

15.3 Articles 8, 10, 11, 12 e 13 shall survive termination and therefore be considered in force between BEV and the User.

 

16. General

16.1 Severability

If any provision of the T&C is found to be illegal, void, or unenforceable, that provision will be modified as to make it enforceable and effective to the maximum extent possible in order to pursue the intention of the provision itself. The illegality, invalidity and unenforceability of the provision will not in any case affect the remaining provisions of the T&C.

16.2 Changes

BEV reserves the right to modify, supplement or replace the provisions of the T&C. Any amendment will be posted on the Platform and/or notified to the User and will require a new acceptance by the User itself in order to continue using the Service and the Platform.

16.3 Communications

All the communication addressed to BEV shall be sent as follows:

a. By mail: Via XX Settembre, 24 20123 Milano, Italia

b. By email: info@businesseviaitaly.com

BEV does not guarantee that communications sent through other ways will be correctly received.

16.4 Language

The T&C hereby are provided in English.

16.5 Governing law and exclusive venue for disputes.

The T&C hereby shall be governed by and construed solely and exclusively in accordance with the laws of Italy. Any action or proceeding arising from or relating to the T&C and/or the use of the Service and/or the Platform will be brought before the court of Milan.

16.6 Entire agreement.

The User agrees that the T&C hereby constitutes the entire, complete and exclusive agreement between the User and BEV regulating the Service and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of the T&C. The User also may be subject to additional terms and conditions that may apply when the User purchases and uses other BEV services made available from time to time by BEV itself.