REGISTRATION: RULES FOR USER CONDUCT AND USE OF THE “SERVICE”
You need to be at least 18 years old to register for and use the Service.
If you are a user who signs up for the Service, will create a personalised account, which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorised use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorised use of your member name, password and/or account.
Registration (Individual) - Activation of a profile requires approval by confirming a link in your e-mail, submitted when you first enter your contact information. Only after confirmation by the user, the account is validated.
Registration (Legal Entity) - Each Dealer will receive a phone call from our administrator within 5 (five) business days for confirmation and verification. In case of a missed contact during a periodic telephone call, SM is entitled to close the account.
INACTIVE USER ACCOUNT:
Unless you are entitled to a refund of credit, we reserve the rights to terminate and delete your free account if you have not logged in to your account for a period longer than 12 (twelve) months. As a result, your contractual relationship with us will be canceled and you will no longer be able to use the deleted account. We will delete the account after a preliminary notice of 30 (thirty) days to the email address you specified during registration, allowing you to indicate that you want to continue using your account. Our right to Erasure will leave you unaffected by your right to re-register with a free account if you want to use our service in the future
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
POSTING AND CONDUCT RESTRICTIONS:
When you create your own personalised account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User content that you make available or access through your use of the Service is solely your responsibility.
The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
RESTRICTION AND TERMINATION OF SERVICE
You acknowledge and agree that SM may set limits from time to time in regards to the use of the Service, including the maximum number of days in which the content will be maintained by the Service, the maximum number and size of Publications, e-mails, messages or other content that may be transmitted or stored by the Service and the frequency with which you can access the Service or the ad portal. You acknowledge and agree that SM is not responsible for the deletion or non-storage of content maintained or delivered through the advertising portal or the Service. You acknowledge and agree that SM reserves the right at any time to modify or terminate the Service (or any part thereof) with or without notice, and that SM shall not be liable to you or to any third party for any such change, suspension or termination of the Service.
SM may provide a translated English version of T&C in all languages, listed in the platform if necessary. You understand and agree that any translation of the terms in other languages can be provided only for your convenience and that the English version governs the terms of your relationship with SM. In addition, if there are discrepancies between the English version of the terms and any translation, The English version of the terms prevail.
USER QUICK SERVICE:
Queries and questions of users regarding different issues shall be communicated by SM as soon as possible. You can submit your queries on web portal and within given days, your query shall be answered.
ONLINE CONTENT DISCLAIMER
"Premium" status –with anadditional cost for aperiod, valid 10 (ten)days.
"Top status"-with an additional costfor a period valid 30 (thirty) days.
Publish ads at no additional cost up to 3 (three) pcs with active status.
To be register as a user in the advertising portal is completely free. By using the “service”, you will see listings, you can contact sellers or send inquiries. The publication of individual advertisements or banners in the advertising portal and through the “service” is an additional charged service in SM. Fees charged for published advertisements shall be determined in accordance with the current price list. Unless otherwise agreed, the publication of an advertisement always depends on the advance payment of the fee for the advertisement in question. Ads are always paid by bank transfer. No advertisement will be published until it is fully paid. Contract customers who offer their (used) heavy vehicles and/or machines will receive invoices in accordance with the pricelists or the client agreement.
Any fees paid under this Agreement will not be refunded in case that any content is removed from the “service” for breach of these terms or any other reason beyond the control of SM. In addition, amounts for unused limit and credits are not refundable.
In case of prepayment of a package and if there is a need for an upgrade plan there will be a possibility to upgrade it with higher, the sum of the value of the original is retained.
SM is an advertising portal, and acts as a place to enable all users who follow these terms and conditions to offer, sell, buy and rent (used) heavy duty vehicles and machines published on the advertising platform. SM is not responsible for the state or origin of the equipment and does not accept any warranty or post-warranty service of the goods. By accepting these T&C you declare that you are using the Service and the advertising platform at your own risk and responsibility. SM does not receive a commission from the sale or rental of any of the published ads, has no control over any stage of the initial negotiations until the finalization of the transaction, and in this sense assumes no responsibility for its correctness and loyalty buyers or sellers.
You acknowledge and agree that SM is not responsible for your interactions with organizations and/or individuals in the advertising portal or through the Service. Any payment and delivery of goods and services and any other terms of warranties or representations relating to any interaction you may have with other organizations and/or individuals are solely between you and such organizations and/or persons. You agree and acknowledge that SM is not responsible for any loss or damage resulting from such transactions or interactions. In case you have a dispute with one or more users, you release SM, its employees, agents and representatives from any claims.
SM provides you with a limited, temporary, non-exclusive right to access and use the Service for personal use. This license, provided herein, does not include advertisements or references to lists of listings, such as homes for sale, work, services, or service providers to classify listings or redirect to other competing sites. The right to use the Service does not allow you to use your advertising page or provide hyperlinks to other pages of materials other than the publication of used equipment in the Service, (for example, for use in personal blogs or other personal or public online media, as well as competing websites). SM may limit the number of posts displayed on the platform or block your ad profile. The use of the Service outside the scope of access permissions specified in these terms shall immediately terminate any permission or license granted herein. To collect, aggregate, copy, duplicate, display, or use data about the service or any content provided through the Service for other purposes (including commercial purposes) not specified herein, you must first obtain permission from SM.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party web site(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the ”Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, software or content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers the Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company’s designated copyright agent at S-Machinery Ltd:
1. The date of your notification;
2. A Physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. (c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;
4. Your name, address, telephone number, and email address, a statement that you consent to the laws of the EU and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and business names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to S-Machinery Ltd. Opting out may prevent you from receiving messages regarding the Company or Special Offers.
The service, is provided “as is,” without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. you assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
LIMITATION OF DAMAGES; RELEASE
to the extent permitted by applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
(a) the use, disclosure, or display of your user content;
(b)your use or inability to use the service;
(c) the service generally or the software or systems that make the service available; or
(d) any other interactions with the company or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you. If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
ADDITIONAL TERMS OF PAYMENT AND USE
User cannot exceed the maximum permitted number of ads according to its contract. In case you exceed the limit in your package, SM will notify you immediately and you will receive an offer with an appropriate quantity. In case the offer does not meet your needs, you may request the individual one. SM services immediately issue an invoice upon account activation and needs to be paid before inventory is posted. Invoices will be sent monthly as of the starting date of the contract.
In case you don’t pay the requested order within thirty (30) days, the order will be canceled. In case of payment after the specified period, the amount will be calculated only if there are no differences found in the price list of SM. Otherwise, an additional fee or refund may be charged upon cancellation of the order. After the minimum contract period of three months, your agreement will be automatically renewed for the period initially agreed. You have the right to terminate the contract in accordance with this clause.
SM reserves the right to change fees at any time after preliminary notice. You have the right to terminate the contract in accordance with this clause. The contract can be terminated by both parties in writing after thirty days notice period. Payment for all services used and accepted until the date of termination is mandatory.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.