General terms 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 general terms of use and policies contained herein and any applicable appendices and /or other documents or relative amendments designated by M-HUB from time to time. (collectively, the “General Terms of Use”) are binding upon an individual member or a corporate member and its officers, directors, employees and agents (collectively, the “User”, or referred to hereinafter as “You”).

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.

The User should read each clause of General Terms of Use carefully, including those exemption clauses that exempt or restrict the lability of M-HUB or the Platform and the restrictions on the User’s rights. The use of this Platform is hereby offered to the User conditional upon the User’s acceptance of the terms, conditions, policies and notices contained herein; User’s acceptance constitutes User’s agreement to all such terms, conditions, and notices.

Therefore, by accepting these General Terms of Use, in order to have access to the provided Content and Services, the User shall register itself on the Platform by providing its own personal data and to create an ID and a password (“Account”).

 

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:
    1. applicable Italian laws and regulations including i.e. D. Lgs. 196/2003 and its subsequent amendments and additions;
    2. 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;
  • In these General Terms of Use, the following rules of construction apply:
    1. words importing the singular shall include the plural (and vice versa), words importing gender include any gender;
    2. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality;
    3. headings and titles are for convenience only and shall not affect the construction or interpretation of these General Terms of Use;
    4. a reference to a party includes its personal representatives, successors or permitted assigns;
    5. 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

  • Acceptance. By filling the registration form and accepting these General Terms of Use the User agrees, without limitation or qualification, to be bound by, and to comply with, these General Terms of Use and any other posted guidelines or rules applicable to any Content or Services.
  • Modification of Terms. m-hub reserves the right in its sole discretion to change periodically the terms, conditions, and notices under which the use of the Platform is offered, including, but not limited to, the General Terms of Use herein and the m-hub’s privacy policy (“Privacy Policy”) available at https://www.m-hub.com/privacy-policy/.
    Therefore, the User is accountable for regularly reviewing these General Terms of Use. Any change in the terms, conditions, and notices will be effective immediately as of the date of the change. If User does not agree to any change or modification, it shall immediately stop using the Services provided by m-hub.
    However, in case of amendments having as object these General Terms of Use the User is entitled to revoke with immediate effect its acceptance of these General Terms of Use by disabling its Account. All the data registered by the User in the Platform will be cancelled within a reasonable lapse of time from the date in which the Account has been disabled.
  • Additional Terms. Any new Service which will be provided within the Platform shall be subject to this General Terms of Use as well as to additional terms specific to said new Services (“Additional Terms”). In case that the Additional Terms shall include a financial impact on their nature (i.d. expenses and costs connected to specific Services) the User shall be required to accept the Additional Terms forthwith upon notice of change to terms, conditions. In case that the User shall deny its acceptance to the Additional Terms, its Account will be downgraded by excluding the Services for which the acceptance of the Additional Terms is needed. In case that the Additional Terms shall not include a financial impact to the User, the User’s continued use of the Platform after receipt of the notice of the Additional Terms, shall imply the User’s acceptance of the Additional Terms.

 

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.
  • Privacy. All information about personal data collection and privacy are available at https://www.m-hub.com/privacy-policy/ and are provided in compliance with Data Protection Laws. M-hub shall protect User’s personal information according to the Privacy Policy.

 

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:
      • Technologies;
      • Core Business;
      • Field of Application;
      • Location;
      • Machines and Auxiliaries (availability of Machines for Sales/Try-out/Production).
    • 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..

 

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:
    1. providing correct and accurate information at the registration;
    2. providing the rightful information about the company linked to the User, its asset and organization (i.e. location, VAT code, scope of activity);
    3. providing a correct uploading of information (i.e. about services, products, assets, etc.) on the Platform;
    4. ensuring that the information provided by the User are updated, accurate and true;
    5. 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.
    6. immediately informing M-HUB in case of a security breach (i.e. unauthorized access through User’s password, etc.);
    7. 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).
    8. complying with these General Terms of Use;
  • 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. Disclaimer

  • 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:
    1. the content provided by the User (directly or indirectly) using the Services;
    2. the use of or the inability to use our Services attributable to the User;
    3. delays or disruptions in Services;
    4. viruses or other malicious software obtained by accessing or linking to the Services;
    5. glitches, bugs, errors, or inaccuracies of any kind in the Services;
    6. 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

  • The User hereby agrees to indemnify, defend, and hold harmless m-hub and m-hub’s subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, agents, representatives and approved and permitted licensees and assigns from any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by m-hub in any action or proceeding between m-hub and an affiliate or between any third party and m-hub or otherwise from and against any and all claims and expenses, including attorneys’ fees), arising out of your use of the Services, including but not limited to your breach of these General Terms of Use or arising out of a breach of your obligations, representation and warranties under these General Terms of Use, provisions of law or regulatory provisions or third-party rights.

 

10. Termination

  • 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.
  • In case of breach of these General Terms of Use, M-HUB may suspend or permanently disable User’s access to the Account.
  • 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.

 

11. Privacy Policy

  • m-hub collects and uses personal data in order to provide the Services described above. All information about data collection are available in Privacy Policy at https://www.m-hub.com/privacy-policy/.

 

12. Assignment

  • The User may not assign or transfer any of its rights and obligations arising under these General Terms of Use or other agreement with M-HUB without the prior written consent of M-HUB.
  • Subject to any applicable laws or regulations, M-HUB reserves the right to assign and transfer the whole or any part of its rights and obligations under these General Terms of Use provided M-HUB has given the User at least 30 calendar days’ prior notice (unless it is reasonably impracticable to do so in the circumstances). For the purpose of any such assignment or transfer, M-HUB may disclose information about the User to any prospective assignee or transferee, provided that M-HUB shall use its reasonable endeavors to procure that such prospective assignee or transferee is placed under an obligation of non-disclosure equivalent to that in Privacy Policy. In case of assignment, M-HUB shall be responsible also for the transfer of the obligations set out in the Privacy Policy and all those activities which will be required, time to time, by Data Protection Law.

 

13. Severance

  • If any provision or part-provision of these General Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of the General Terms of Use.

 

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.

 

15. Language

  • These Terms of Business are written in both Chinese and English. Should there is any discrepancy, the English version shall prevail.