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Terms & Conditions
Kompass Online Services Terms & Conditions
Notice to users: Carefully read the following Terms and Conditions and the
Kompass Privacy Policy (which together comprise the "Agreement") which govern
the use by you ("the User" or "You") of the central Kompass website (currently located at www.kompass.com, tvk.kompass.com, www.kommarket.com and extranet.kompass.com) (the "Kompass Website") and the Kompass Services (as defined below) offered through it.
Certain areas of the Kompass Website are freely accessible and by accessing those areas You agree to the relevant sections of this Agreement. Other Kompass Services can only be accessed following registration and may not be available to all users. By registering for the restricted areas of the Kompass Website and/or by using those Kompass Services, You agree to the sections of this Agreement that apply to those Kompass Services.
Kompass International Neuenschwander SA. ("Kompass") and its franchised network comprising the Kompass Group ("We" or "Us") take your privacy seriously. The Privacy Policy contained at section 7 ("the Privacy Policy") explains the steps We take to ensure information about You is kept secure and confidential and You should read it carefully.
1. Kompass Services
This Agreement covers the following services offered by Kompass (together these are referred to as the "Kompass Services"):
(a) The Kompass Online Information Service ("the Kompass Information Service")
is a business information service managed centrally by Kompass and includes
the provision of business data and information compiled and organised
using a method developed by Kompass ("the Kompass Data"), together
with other information and related services. The Kompass Information Service is available under the "Directory" section of the Kompass Website. The Kompass Information Service includes information
about the products and/or services of third parties, and may permit access
to information and services provided by third parties ("Third Party
Content").
(b) The Kompass requests for quotation service (the "Kompass RFQ Service") enables the User to invite tenders from suppliers listed on the Kompass Website and is available under the "Request For Quotation" section of the Kompass Website. The User will be able to search for potential suppliers to its business using Kompass' product and product code classifications and then send a pre-formatted email to suppliers listed on the Kompass Website as matching the relevant criteria. The Kompass RFQ Service also enables the User to add or remove potential suppliers for such recipient emails. Replies to these inquiries will be by pre-formatted reply emails also.
(c) The Kompass tenders service (the "Kompass Public Tenders Service") enables searches for and retrieval of tenders published by the European Union Publications Office using Kompass' WF classifications and is available under the "Public Tenders" section of the Kompass Website. The Kompass Public Tenders Service also enables the User to create customer specific profiles which will then automatically trigger alert messages when new tenders are released that meet the User's criteria.
(d) The Kompass Extranet (the "Kompass Extranet") is a direct marketing application which enables the User to search the Kompass Data using specific criteria to display customised company lists. The User may also view company profiles and export/download such data using credit units. The look of the search page may be custom made by the User and the User may also add personal notes to such lists, subject to the terms of this Agreement. The User may also create its own users (the "Secondary Users"), follow up on statistics, such as what Secondary Users have done or searched for historically and provide credit units for Secondary Users to use when downloading or exporting data from the Kompass Extranet.
1.2 Kompass reserves the right to amend, modify or suspend the Kompass
Services (or any part thereof) from time to time. This Agreement represents
the entire agreement between the parties relating to the Kompass Services
and supersedes any and all prior promises, representations, agreements,
statements and understandings whatsoever which existed or may have existed
between Kompass and the User. Kompass may modify this Agreement upon
notice published over the Kompass Website.
2. Use of the Kompass Services
2.1 The User agrees not to copy (other than incidentally in the process of viewing), market, re-sell, distribute, retransmit, publish, compile a database, carry on any automated browsing or downloading or otherwise transfer or commercially exploit in any form any Kompass Data or Third Party Content received via or in connection with the Kompass Services other than for the internal purposes of its business.
2.2 For the avoidance of doubt, and without limitation, the Kompass Data or Third Party Content may not be used as part of any product or service or supplied to any third party in any way which competes with the business or products of Kompass or its franchised network.
2.3 Using the Kompass Data or the Kompass Services for "spamming" and/or unlawful unsolicited marketing is expressly prohibited - for example (and without limitation) the User must not use the Kompass Data or the Kompass Services to send unsolicited messages for the purposes of marketing or offering goods or services for sale. In particular the User agrees not to use the Kompass RFQ Service for the purpose of marketing its products and/or services (or those of any third party) to anyone. The Kompass Services shall not be used to send emails to any individuals other than the individual's corporate email addresses as listed on the Kompass Website
2.4 The User agrees to use the Kompass RFQ Service only for sending legitimate requests for quotation for its own business purchasing requirements. The User bears full responsibility for the content of legitimate requests for quotation circulated with the aid of the Kompass RFQ Service.
2.5 A maximum of two links or files for downloading can be attached to the legitimate requests for quotation issued using the Kompass RFQ Service. The size of any such attachment may not exceed two megabytes and shall be in one of the following formats: doc, xls, pdf, fig, jpg or such other file format as Kompass may consent to upon application by way of email specifically requesting the same.
2.6 The User undertakes to answer promptly all responses received to all communications sent through the Kompass Services.
2.7 Except to the extent permitted by law, the User agrees not to reverse engineer, decompile, disassemble, alter or modify the whole or any part of any software which is accessible via or in connection with the Kompass Services.
3. Licence
Kompass grants to the User (for so long as the User has a valid subscription (where relevant) with Us) a personal, non-exclusive, non-transferable licence ("the Licence") to access and use the Kompass Services and the Kompass Data for internal purposes only upon the terms and conditions of this Agreement. The User shall not assign, dispose of, sub-license, or otherwise transfer its rights granted by this Agreement and in particular the User shall not allow any person (other than, where the User is a body corporate or business partnership, its duly authorised employees or in the case of Kompass Extranet, its Secondary Users and the User shall procure that such individuals/Secondary Users accept and adhere to these Terms and Conditions) to use or have access to the Kompass Data without the prior written permission of Kompass or the relevant Kompass Franchisee. Any enquiries regarding multi or group use should be sent to Kompass or the relevant Kompass franchisee.
4. Ownership and Intellectual Property Rights
4.1 The User acknowledges that it shall not acquire any rights in the Kompass Data, Kompass Services or other data compiled through the User's use of the Kompass Services. The User further acknowledges that the Kompass Data forms a valuable body
of information and that the copyright, trade marks and all other intellectual
property rights in or relating to the Kompass Services and the Kompass
Data are and shall remain the property of Kompass or its franchisees
as the case may be or, in the case of Third Party Content, its licensors.
The User shall not alter or remove any copyright symbol or any other
identification or information concerning the authorship or ownership
of any of the Kompass Data. To the extent that any court of competent jurisdiction holds that the User does have rights to such Kompass Data, Kompass Services or other data compiled through the User's use of the Kompass Services the User grants to Kompass a non-exclusive, royalty free, perpetual licence to access and use for whatever purpose such data.
4.2 Kompass and the Kompass logo are registered trade marks and must
not be reproduced for any reason.
4.3 The User shall not modify, adjust or alter any part of the Kompass
Services and shall not use software to access the Kompass Services without
permission, or use software that will corrupt the Kompass Services in
any way.
5. LIABILITY
5.1 The User acknowledges that it must use its own skill and judgement
when using the Kompass Services and that it uses the Kompass Service
at its own risk. Any use to which the User puts information obtained
from or through the Kompass Services (including, without limitation, all tenders submitted using or obtained from the Kompass Services) shall be the responsibility of the User.
5.2 The User hereby indemnifies Kompass against any loss, damage or liability whatsoever which may arise directly or indirectly from the use of the Kompass Data or the Kompass Services by the User including, without limitation, in respect of all tenders and other information provided as part of the Kompass Services, any action or claim by any supplier to which requests for quotations are submitted or any regulatory fines.
5.3 The User acknowledges that Kompass has no control over the content of tenders made available over the Kompass Public Tenders Service and as such Kompass accepts no liability for the currency, usefulness or any inaccuracy of the Kompass Public Tenders Service and any tenders or other information made available as part of that service.
5.4 The User acknowledges that the Kompass Services may not identify relevant tenders or suppliers or may identify tenders or suppliers that are not relevant to the User. The User shall use its own skill and judgement to evaluate the results of the Kompass Services and it shall not hold Kompass responsible for any internal or external costs (including, without limitation, all external consultancy and internal management costs) incurred as a result of utilising and responding to incorrect/irrelevant tenders or acting on any other information obtained from the Kompass Services. Furthermore, the User shall not hold Kompass liable for lost business opportunities or any other potential losses resulting from relevant tenders or suppliers failing to be identified by the Kompass Services.
5.5 The User acknowledges that Kompass has no control over the content of emails sent using the Kompass RFQ Service, their attachments or any responses thereto and as such Kompass accepts no liability for any of the same. The User additionally acknowledges that Kompass and the Kompass RFQ Service are solely facilitating business between the User and suppliers and that Kompass will have no contractual involvement in any transaction between the User and any supplier. Accordingly, the terms and conditions of any supply and any dispute between the User and any supplier are solely the User's responsibility.
5.6 The Kompass Data is collected by use of questionnaires, proof lists
and in depth interviews with the companies listed in the Kompass Data.
Much of the Kompass Data is provided to Kompass by third parties. The
accuracy and completeness of the information collected depends on the
co-operation of the listed companies. Although Kompass undertakes to
use all reasonable endeavours to ensure that the information is as accurate
as is commercially possible, Kompass accepts no liability for the currency,
usefulness or any inaccuracy of the Kompass Data.
5.7 The Kompass Services are made available on an "as is" basis without any warranties, terms or conditions of any kind, including (without limitation) warranties, terms or conditions as to satisfactory quality, merchantability, fitness for purpose or compliance with any description or generally as to the quality of the Kompass Services, the Kompass Data, Third Party Content or any information obtained using the Kompass Services whether express or implied, statutory or otherwise which are hereby expressly excluded to the fullest extent permitted by law.
5.8 Due to the nature of interactive services and the Internet generally,
Kompass gives no warranty or commitment that use of the Kompass Services
will be free from interruptions or errors, and Kompass shall have no
responsibility or liability in respect of or arising out of any communications
or network defects, delays or failures (whether temporary or otherwise)
while using the Kompass Services.
5.9 No guarantee is given that emails sent or received using the Kompass Services will be free from viruses or bugs. The User is responsible for ensuring that no bugs or viruses attach to such emails and shall be solely responsible for any loss of data or corruption of any supplier's system to which such email is sent.
5.10 Clicking on certain links within this site might take the User to
other sites and Kompass shall have no responsibility or liability of
any kind for the accuracy or content of any information or any other
aspect of any such sites.
5.11 Kompass shall under no circumstances be liable to the User in respect
of any claim by the User for indirect or consequential loss or damage
(including loss of profits data, contracts, revenue or goodwill), whether or not caused through
negligence, relating to the Kompass Data or any other information provided or received
as part of the Kompass Services (including, without limitation, any results of invitations to tender), or its use by the User. Kompass shall
not be liable, and shall not otherwise be deemed to be in breach of
this Agreement, for any failure to perform (or delay in performing)
any of its obligations hereunder caused by circumstances beyond its
reasonable control.
5.12 The liability of Kompass shall in no event exceed the actual price paid for the Chargeable Services (as defined below).
6. Fees and Security
6.1 If the User wishes to access certain parts of the Kompass Services
which are not freely available to all users ("Chargeable Services"),
the User will be required to pay non-refundable fee(s) to Kompass (or
as otherwise directed by Kompass) for access/subscription units on the
basis and at the rates specified by Kompass from time to time.
6.2 The User may be offered the opportunity of paying for access to the
Kompass Services by sending credit card details over the Internet. Like
any other communication system, there are risks of interception attached
to sending information over the Internet. Although Kompass has taken
all normal precautions to minimise the risk of interception, the User
acknowledges that any information is sent at the User's own risk and
that Kompass shall have no liability for the security of this information
while it is being transmitted.
6.3 In accessing any of the Chargeable Services, the User shall comply with any additional terms and conditions for that service issued from time to time by Kompass.
6.4 The User will protect the Chargeable Services and any Kompass Data available over them from access by unauthorised third parties and will follow all instructions relating to the security of the Chargeable Services issued by Kompass. In accessing any Chargeable Services or any of the Kompass Services which require registration, the User will use any password or user identification (ID) or user name issued by Kompass. The User accepts that it is responsible for the use of any such security measures and warrants that it will keep any such password, user identification or user name or any other security mechanism or device confidential and will not disclose it to any other person.
7. Privacy Policy
7.1 The information We collect
We will only collect personal information about You given by You when you register with us or contact us for information. If You are just browsing on this site, there is no need for You to disclose any personal information, such as, your name, your contact details or details about your credit/ debit card which We need for the operation of our billing systems. We will always let You have a copy of all personal information We have about You should You request it subject to such charges as We are permitted to make under relevant data protection legislation. You are able to update and amend your personal information on-line at any time through the "Members Area" section of this site.
Personal information comprised in the Kompass Data can be upgraded and amended by the relevant individual sending an email to webmaster@kompass.com.
7.2 Purposes for which We use information about You
We collect information about You so that We can inform You of new offers, products and services which may be of interest to You, to help us improve and personalise our services and any services provided to You through our website. We also need to process your personal information in order to operate our accounting and billing systems and system administration.
We may store certain personal information and use this to offer You personalised services, information and offers through our services. Once You have given consent You can of course ask us to stop providing such services to You at any time through the "Members Area" section of this site.
Your information may be processed by third parties under contract with
Us in order to perform our arrangements with You.
7.3 Passing on information about You
We may disclose information obtained from You to third parties as part of aggregate but not individual statistics to potential advertisers, for example number of users, typical ages, locations.
In certain circumstances We may need to disclose information about
You if You breach this Agreement. We may also disclose or
access your account if required to do so by law or any other Governmental
body.
7.4 Security
Keeping information about You secure is very important to us. However,
no data transmission over the Internet can be guaranteed to be totally
secure. As a result, whilst We strive to protect your personal information,
We cannot ensure or warrant the security of any information which You
send to us whilst it is being sent, and You send such information at
your own risk.
7.5 Cookies
We may use cookies on the site to make it easier to use. For further
information see our FAQ's on Cookies.
7.6 Transferring your information abroad
Information supplied by You to Us whether submitted by You via this
or other web sites will only be transferred to other countries by Us
or our agents for the purpose of performing contractual obligations
owed by us to You.
7.7 Automated Decisions
Part of the Kompass Website and our billing process are automatic and We may process your personal information as part of our billing process.
The practices outlined above represent current (as of April 2006) data protection practices. To keep up with rapid technological change We may from time to time review and revise these practices and amend these Terms and Conditions accordingly.
If you have any questions relating to the Privacy Policy or how
we use the personal information we have about you, please contact: webmaster@kompass.com.
8. USER MATERIAL AND CONDUCT
8.1 Other than personally identifiable information, which is covered under the Privacy Policy any material You transmit or post to this Kompass Website will be considered non-confidential and non-proprietary. Kompass will have no obligations with respect to such material. Kompass and members of the Kompass Group will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
8.2 You are prohibited from posting or transmitting to or from this Kompass Website any material:
(b) for which You have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the jurisdiction under which these Terms and Conditions are governed or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.3 You may not misuse the Kompass Website (including, without limitation, by hacking, transmitting any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation).
8.4 Kompass will fully co-operate with any law enforcement authorities or court order requesting or directing Kompass or members of the Kompass Group to disclose the identity or locate anyone posting any material in breach of this Agreement.
9. Data
It is the responsibility of the User to ensure that it is complying
with the national laws of any state relating to the access of the Kompass
Data. For example, in Germany personal data must only be accessed where
the User has a legitimate interest in doing so and records must be kept
of the grounds for the legitimate interest. In other countries individuals may be able to make an entry on a register prohibiting them from being contacted with unsolicited marketing messages by telephone or fax.
10. Equipment
The User shall be solely responsible for obtaining, operating and maintaining
all necessary computer hardware and software, modems and telecommunication
links which it requires to access the Kompass Service.
11. Termination
Kompass may terminate the Kompass Services (or any of them) at any time and without cause by giving the User thirty (30) days prior written notice.
Without prejudice to any other rights or remedies, Kompass may at any
time suspend the Kompass Services (or any of them) or terminate this Agreement with immediate effect
if the User is in breach of any of its obligations under the
Agreement or if the User goes into bankruptcy, liquidation or administration,
makes a voluntary arrangement with its creditors or becomes insolvent
or has a receiver appointed. Kompass will under no circumstances be
liable to refund all or part of any fee (if any) in the event of the
suspension of the Kompass Service or termination of this Agreement. On
termination of this Agreement the User will immediately destroy all copies of the Kompass
Data it has acquired by use of the Kompass Service and will immediately cease using the Kompass Services, although the User shall be permitted to continue using the information (including all/any tenders) it has acquired by use of the Kompass RFQ Service or the Kompass Public Tenders Service prior to termination..
12. General
12.1 Any notice given under this Agreement must be in writing and delivered
by hand, first class post, email or facsimile to the relevant party
to the address given by Kompass on this site or the address given by
the User on registration.
12.2 The headings in this Agreement are for convenience only and shall
not affect the interpretation of this Agreement.
12.3 Neither party shall be liable for any delay in performing its obligations
if such delay is caused by circumstances beyond its reasonable control.
12.4 Each party hereby confirms that in relation to the Kompass Services it has not relied on any promises, representation, agreements, statements, understandings other than those set out in this Agreement and shall have no liability in relation to the same unless made fraudulently.
13. Confidentiality
13.1 The User will treat as confidential and keep secret all information
contained in or concerning the Kompass Services, and the method developed
by Kompass to compile and organise the Kompass Data. The User will not
disclose such information to any third party, except to the extent that
it is required to do so by law, or to the extent that the information
is public knowledge.
13.2 This section will remain in full force and effect after termination
of this Agreement.
14. Governing Law and Disputes
This Agreement shall be governed by and construed in accordance with
the laws of England and Wales (excluding laws governing the conflict
of laws) and the parties submit to the jurisdiction of the English Courts.
This will not prevent Kompass from pursuing a claim for breach of contract,
copyright infringement or otherwise in respect of this Agreement, the
Kompass Services, or the Kompass Data in any other jurisdiction throughout
the world.
In respect of any translation of the kompass.com Terms and Conditions of Use which has been carried out, in the event of there being any contradiction in the meaning or interpretation of any of the clauses of these Terms and Conditions, the version in the English language shall prevail.
