Term of use
The m-hub platform (“Platform” or “m-hub”) is an application directed to the users and to the companies of the different stages of the manufacturing supply chain, including but not limited to the injection molding industry, (hereinafter referred to as “Companies”) owned and managed by M-HUB S.r.l., with its premises in Treviso (TV), 31100 Italy, Via Castelmenardo n. 55, VAT code 06728820157 (“M-HUB”) and includes information (the “Content”) and services, which include, but are not limited to:
- allowing the Companies’ visibility towards customers and other Companies;
- sharing, managing and updating technical specifications of machines (including but not limited to injection molding machines, hereinafter called IMM);
- searching available machines on the basis of the specific technical characteristics or upon their availability;
- sharing Contents with customers and suppliers;
- facilitating the exchange of technical information;
- providing networking opportunities between different Companies within the supply chain;
- further services which shall be rendered available within the Platform from time to time;
(collectively the “Services”);
The User is entitled to link its own account to the Company to which he/she is linked by an employment, work or collaboration relationship. In case that the Company provides of an official User account (“Company’s Account”), any link by other Users to the Company shall be subject to the Company’s Account approval.
1. DEFINITIONS AND INTERPRETATION
- “Data Protection Law” means the applicable law regarding the processing, privacy, and use of Personal Data, as applicable to the User, M-HUB relating to the services provided to the Users, including:
- applicable Italian laws and regulations including i.e. D. Lgs. 196/2003 and its subsequent amendments and additions;
- applicable laws and regulations of the European Union, i.e. Reg. EU 2016/679 (“GDPR”);
- “M-HUB” means M-HUB S.p.A. which provides the Services or any one or more of them from time to time;
- “Losses” means all reasonable losses, costs, expenses, damages and liabilities (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered by any person, whether or not foreseeable;
- words importing the singular shall include the plural (and vice versa), words importing gender include any gender;
- a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality;
- a reference to a party includes its personal representatives, successors or permitted assigns;
- any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. GENERAL PROVISIONS
3. REGISTRATION AND MEMBERSHIP
- Registration Information. As above mentioned, in order to have access to the Platform the User will be required to set-up an Account by registering the requested data. In registering and providing such data, the User represents and warrants that:
- a) the provided information is true, accurate, current, and complete (apart from optional items) as required by the registration form (“Registration Data”);
- b) with reference to the payable Services which could be implemented by m-hub, payment information, including, but not limiting the generality of the foregoing, credit card numbers and expiry date, banking information for automatic withdrawal from bank account, or any other payment information required for payment of fees shall be conditioned to User’s specific consent (“Payment Information”), it being understood that all Payment Information which will be requested to the User will be considered for the sole purpose of providing the Services.
- Membership Restriction. Only subjects aged over 18 years may subscribe to the Platform.
4. M-HUB SERVICES
- Purpose. m-hub’s purpose is to give to the User the opportunity to build and to develop a community through the Platform.
- The Platform provides the following Services:
- Companies’ researching (customer/supplier) on the basis of:
- Core Business;
- Field of Application;
- Machines and Auxiliaries (availability of Machines for Sales/Try-out/Production).
- Companies’ researching (customer/supplier) on the basis of:
- Digitalization of technical specification in order to:
- allow the researching of the activities provided by the companies searched from the Users;
- improve the Companies’ visibility on the market;
- ease the simulation activities and the process set-up so to reduce design mistakes and speed up the design process;
- increase project compliance, reducing costs and L.T..
- Digitalization of technical specification in order to:
5. USER’S UNDERTAKINGS AND LIABILITIES
- The User is fully accountable for the accuracy, completeness, truthfulness of the contents and information published on the Platform. Therefore, m-hub is not accountable for damages deriving from the incorrect use and/or the use of incorrect information provided and uploaded on the Platform by the User and all legal consequences arising therefrom shall be solely borne by the User.
- The User is required to fulfill the hereinafter mentioned obligations in order to ensure a proper use of the Platform:
- providing correct and accurate information at the registration;
- providing the rightful information about the company linked to the User, its asset and organization (i.e. location, VAT code, scope of activity);
- providing a correct uploading of information (i.e. about services, products, assets, etc.) on the Platform;
- ensuring that the information provided by the User are updated, accurate and true;
- being in possession of all the requirements provided by law in order to (i) be able to upload information and products on the Platform (copyright, etc.); (ii) ensure that the information provided are in compliance with Intellectual Property Right (IP); (iii) ensure data confidentiality, it being understood that m-hub does not perform any check and inspection on the content uploaded by the User; (iv) be able to upload information about the Company.
- immediately informing M-HUB in case of a security breach (i.e. unauthorized access through User’s password, etc.);
- take all proper measures in order to avoid any spread of the password (such as, but not limited to, give access to the Account to others, or transfer it to anyone else).
- The User shall be responsible for the security of the account and password and for all of the activities and operations on the Platform. In any event of breach by the User to the above-mentioned undertakings, m-hub shall be entitled to suspend or to cancel the Account with immediate effect.
6. USE OF THE DATA AND INFORMATION SHARED BY THE USER
- The User is entitled to add in the Platform all its data relating to its Account and to the company to which the User is linked, including any business and technical information relating to the company (“Data and Information”).
- The Data and Information shall be:
- Public by Default: any Data and Information relating to the name and address of the Company, including all the information provided in the Company Account;
- Private by Default: all the information provided by the User in the Platform, which are not Public by Default (such as, but not limited to personal Account data, and machine technical information).
- Shared: all the information provided by the User in the Platform and shared by the same User with other Users (“Shared Users”). In such case the User acknowledges that any Shared User is authorized to subsequently share the Shared Data and Information with further Users.
- The User shall be entitled to share in the Platform the data relating to the geolocation of the electronical device (such as smartphone, laptop or the like) by means of which the User connects to the Platform.
- The User shall be anytime entitled to render Private by Default any Shared Data and Information at its own discretion: in such case m-hub shall promptly revoke any sharing of such Data and Information with other Users.
7. INTELLECTUAL PROPERTY (IP)
- If the User uses content and information covered by intellectual property rights of M-HUB (for example, images, designs, videos, or sounds) (“IP Rights”), those IP Rights remain of M-HUB’ sole property. The User shall not own such IP Rights and shall not be entitled to have further uses of the IP Rights.
- The logos, layout designs, layouts, texts, pictures, graphics etc. on the Platform are protected by copyright, trademark rights and other proprietary rights at law. Without the consent of the relevant right holder, none of the foregoing shall be directly or indirectly distributed, used, or rewritten or redistributed for the purposes of publication, or used for any other purpose.
- 8.1. The User agrees that its use of Services is at its own risk, and that they are being provided to the User on an “as is” and “as available” basis. Accordingly, to the extent permitted by applicable law, M-HUB excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- In addition, to the extent permitted by applicable law, M-HUB is not liable, and the User agrees to hold it harmless, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content provided by the User (directly or indirectly) using the Services;
- the use of or the inability to use our Services attributable to the User;
- delays or disruptions in Services;
- viruses or other malicious software obtained by accessing or linking to the Services;
- glitches, bugs, errors, or inaccuracies of any kind in the Services;
- damage to hardware device from the use of any Service;
- M-HUB has the right, at its sole discretion, to update and add new features to its Services, and also the right to stop providing to Users its own Services. In case of amendment of any Content or Services, the continued use of Services constitutes an express acceptance of those amendments.
9. EXCLUSION OF LIABILITY
- m-hub may suspend or terminate the Platform itself and/or the User’s access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all Data and Information. Please ensure that you regularly create backup files for your content, m-hub shall not be liable for compensating or indemnifying the User or any third party in any way for such change, suspension or termination.
- m-hub may also suspend or disable the Account if it will be required to do so in order to comply with the applicable law or with an order of any public authority or if it deems it proper in order to safeguard the correct use of the Platform.
- At any time, the User is entitled to disable and to cancel its own Account, as well as the Company is entitled to cancel the Company’s Account by filling the proper form, which is made available by m-hub in the Platform. The cancellation or disabling of the Account and /or the Company’s Account means the irreversible expiry of all Data and Information uploaded in m-hub. In any case of cancellation or disabling of the Account, the User shall not be entitled to any refund of fees paid hereunder.
14. APPLICABLE LAW AND JURISDICTION
- These General Terms and Conditions are governed by the Italian Law and any dispute arising out of, or in connection with, these General Term of Use, its interpretation, validity and/or performance shall be subject to the exclusive jurisdiction of the Court of Treviso.
- These Terms of Business are written in both Chinese and English. Should there is any discrepancy, the English version shall prevail.