By participating in or using Connature marketplace, YOU ACCEPT AND AGREE TO THIS AGREEMENT AS APPLIED TO YOUR USE OF THE MARKETPLACE.
If you do not agree to and accept all the terms of this Agreement, you may not access or use the Connature marketplace.
Connature may amend this Agreement at any time by posting the amended terms on our Marketplace. All amended terms will automatically be effective immediately after they are initially posted on our Marketplace and delivered by E-Mail to all registered users. Your continued use of the Marketplace after such changes are posted will mean your agreement to such changed Agreement.
Unless otherwise indicated in this Agreement, the following terms shall be defined for the purposes of this Agreement as follows:
1.1 "Green" means the professional field that is identifyed by eco-sustainable and ethical procedures and processes;
1.2 "Business Day" means a day (other than Saturdays) on which banks are open for business in Italy;
1.3 "Buyer" means any person or company wishing to start a new bussiness contact or place a request or accept any offer of merchandise through the Connature Marketplace;
1.4 "Marketplace" means that Connature provides information and contacts about "Green" suppliers and buyers being a web space in which they can enter in contact and do business;
1.5 "Supplier" means any company manufacturing or selling green products being listed in the our marketplace or showcasing merchandise for purchase through Connature Marketplace.
1.6 "Connature" it's a company incorporated under the laws of the Republic of Italy and based in Trieste, Italy.
The access to Connature and its services is free for buyers and it's under an annual fee for suppliers. In both cases subscription is required. Our services are not available to minors.
Only suppliers joining the marketplace are charged with a fee that they choose between different options.
4. Connature is a Marketplace
4.1 Overview. Connature acts as a venue for companies and individuals to enter in contact with and to support the buying and selling products or raw materials processes, through our online services. Connature.com will not be deemed to take ownership of any merchandise sold through Connature and have any liability arising out of or in connection with the obligations of either supplier or buyer or in connection with any sale through Connature marketplace. This agreement will not be deemed to create any partnership, joint venture, or other joint business relationship between Connature and any other party.
4.2 Limited responsability. Connature has no control over any purchase or sale and is not responsible for the quality, safety, legality, or condition of the items listed, the truth or accuracy of the listings (or associated uploaded files), or the ability or capacity of any buyer or supplier to participate in the transactions. We cannot and do not control whether suppliers will complete the sale of items they offer or whether buyers will complete the purchase of items on which they agree to purchase.
In addition, you may face additional risks of dealing with foreign nationals, underage persons, or people acting under false pretense. We invite you to evaluate buyers and suppliers and we encourage you to act with due care.
4.3 Release. In the event that you have a dispute with one or more users or sellers, you fully release Connature from claims, demands, and damages (actual, consequential, and punitive) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You also waive any provision of any law limiting or prohibiting a general release.
4.4 Information Control. We cant'control the information provided by any users of Connature marketplace, even though we plan to control more and more deeply the green suppliers claims related to their offering. Information from any side may be inaccurate, mislabeled, or deceptively labeled. We expect that you will use and common sense when using the Marketplace.
4.5 Connature accepts just suppliers with certifications. To be part of the marketplace suppliers must have acquired at least one certification recognized on products, raw materials or processes. In order to check the real existence of certifications Connature can ask suppliers a copy of documents related to certifications acquired.
Exception to this rule exist just for recycled products for which nowdays just a few certification still exist.
In order to follow its quality and seriuousness standards Connature can request (to check the real existence) suppliers certifications by e-mail or by other possible tool. Connature reserves the right to not accept those suppliers in the marketplace that don't send or show their certifications when required.
5. Supplier's Warranties
Each supplier joining the Connature marketplace warrants as follows:
that all listing details provided will be accurate and complete and will accurately represent the conditions of the posted items at the expected sale date
that no posted item provided for sale on the marketplace will be fraudulent or counterfeit
that the supplier has the right, through actual ownership or otherwise, to provide any posted item for sale on the marketplace and to sell the item thanks to the marketplace
that the posted item(s) do not infringe any third-party's intellectual property rights
that the sale of posted item(s) is not subject to any embargo or ban, including any United Nations embargo or ban
that the supplier has disclosed all restrictions, laws or regulations regarding the sale of posted item(s)
6. Buyer's Warranties
Each buyer using the Connature marketplace warrants as follows:
that all listing details provided will be accurate and complete and will accurately represent your needs as of the purchase date
that all the personal data and addresses provided, are correct and you are fully entitled to make use of them for business purposes.
that the purchase of requested item(s) is not subject to any embargo or ban, including any United Nations embargo or ban
that you have disclosed all restrictions, laws or regulations regarding the purchase and sale of posted item(s)
The Buyer shall be responsible for the payment of any sales, transfer, turnover, value added, excise, custom duties or other taxes applicable to the sale or delivery of merchandise purchased thanks to the Connature marketplace. You acknowledge and agree that for all transactions that arise in connection with your use of this marketplace Connature does not take any responsibility to calculate, report, or remit sales or use taxes which may be assessed, due, or owing to the taxing authorities of any jurisdiction. You further acknowledge and agree that you are solely responsible for the calculation, collection, and remittance of any applicable taxes that may be incurred or assessed in connection with your use of the marketplace.
8. System Integrity
You may not use any device, software, or other routine to interfere or attempt to interfere with the proper working of Connature or any activities being conducted on our marketplace. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password (if delivered to you) with any third parties nor use your password for any unauthorized purpose. You are solely responsible for all use of and for protecting the confidentiality of your email address, the validation code, and your password. You may not share your email verification number or your password with any third parties nor use such number or password for any unauthorized purposes.
9. User Information
"User Information" is defined as any information you provide to us or other users in the registration, shopping, or listing process, in any public message area (including any registration or request form) or through any e-mail link. You are solely responsible for your User Information, and we act as a passive conduit for your online distribution and publication of User Information.
User Information (or any items listed therein):
will not be false, inaccurate or misleading
will not be fraudulent or involve the sale of counterfeit or stolen items
will not infringe any third-party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition anti-discrimination, or false advertising)
will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing
will not be obscene, indecent, or pornographic or contain child pornography
will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
You agree that Connature.com has the right for any reason in its sole discretion, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time any material and content, including but not limited to User Information and Listing Details (as defined below) anywhere on the Marketplace, including but not limited to auctions, E-Mail, and other information or buying/selling services. Despite this right, Connature does not and cannot review all materials posted to the Marketplace by Users.
YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONNATURE MARKETPLACE IS AT YOUR OWN RISK AND WITHOUT ANY WARRANTY OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR CAUSE, OR NON-INFRINGEMENT. YOU UNDERSTAND THAT YOU ASSUME ALL RISKS WITHOUT RECOURSE TO CONNATURE IN CONNECTION WITH THE MERCHANDISE PROCURED THROUGH THE CONNATURE MARKETPLACE.
12. Limitation of Liability
IN NO EVENT WILL CONNATURE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLAR DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR MARKETPLACE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
You hereby agree to indemnify, defend, and hold us harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with a breach of your obligations, representations, and warranties provided in this Agreement. You also agree to hold us harmless for all liability, claims, damages, and costs, including reasonable legal fees, arising out of or in connection with any errors, malfunctions, or defects in connection with the Connature Marketplace.
14. General Compliance with Laws
You will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and listing, purchasing and selling items, including but not limited, to the laws of jurisdictions of each of the Buyer and Supplier. You will abide by all such laws including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or international embargo.
15. User Responsibilities and Requirements
You are responsible for all agents acting or purporting to act on your behalf. You are responsible for the actions and statements of all users who access the Connature Marketplace using your registration code.
You shall not post on our Marketplace or sell through our Marketplace any item that could cause us to violate any applicable Law, including, without limitation, any export control, consumer protection, unfair competition, anti-discrimination, false advertising, criminal law, money laundering prohibition, embargo or United Nations resolution with respect to any embargo. You shall not post or transmit any bulk-emails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by this Agreement). You will not harvest, collect, or otherwise use the information of other users for any commercial purposes, except as expressly permitted by this Agreement. A violation of these restrictions constitutes an immediate breach of this Agreement.
16. Intellectual Property Rights
You recognize and agree that you have no rights in or to the whole of or any part of the trade names "Connature" "Connature.com", or "ConnatureMarketplace" nor to any of the Connature Marketplace components or processes. You will not, except as otherwise permitted by this Agreement disclose, make use of, or otherwise infringe our intellectual property or any derivatives thereof. You agree that upon any violation of this covenant, Connature will suffer irreparable harm and will be entitled to injunctive relief against any further violation, in addition to any other damages to which Connature may be entitled. This covenant is independent of any other covenant, term, or condition of this Agreement and shall survive the expiration or termination of this Agreement. You further recognize and understand that but for your giving this covenant, Connature would not have entered into this Agreement.
17. Termination and/or Modification of Services
We may, in our sole discretion, add, delete, or modify some or all of our services at any time. Connature reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Marketplace, including but not limited to content, features, or hours of availability. Connature may impose limits on certain features of the Marketplace or restrict your access to part or all of the Marketplace without notice or penalty.
Except as explicitly stated otherwise, any notices will be given by email to the E-Mail address you provided during the registration process (in your case), or such other address as the party shall specify. Notice will be deemed to be sent 72 hours after the message is sent by e-mail, unless the sending party is notified that the E-Mail address is invalid.
19. Legal Fees
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement or any of the provisions hereof, the prevailing party therein will be entitled to recover from the non-prevailing party, in addition to any other relief to which such prevailing party may be entitled, reasonable legal fees, costs, and any other necessary disbursements.
20. Governing Law
This Agreement will be construed and enforced in accordance with the laws of Italy.
21. General Provisions
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either you or Connature to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. All provisions in this Agreement regarding representations, warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of this Agreement.
22. No Assignment, Resale, or Unauthorized Commercial Use
You agree not to resell, assign, or transfer your rights or obligations under this Agreement without the written consent of Connature. You also agree not to make any unauthorized commercial use of any Connature services.
23. Force Majeur
Connature will not be responsible in any manner for any loss or damage occurring as a result of forces beyond its control, including, without limitation, any act of God, natural catastrophe, war, pestilence, labor dispute, telecommunications disruption, or any other matter, cause or thing which such parties do not directly control.
25. Entire Agreement
This Agreement constitutes the entire Agreement between you and Connature.com. No other representations or warranties are made, save for those contained within this Agreement.