Validity: 01, September 2016
These Terms describe the terms and the conditions applicable to any Individual and / or Organization ("User") that registers and / or interacts with the Site for whatever purpose or reason, from any fixed or mobile device and from any geographical location, registered or not registered to the Site. Pipingonline makes available a variety of products and services on the Site; the use of the Site and the use of any of its features and services is subject, in full, to these Terms.
The Associate of the Organization that registers the Organization with Pipingonline represents and warrants to have the authority to bind the Organization to these Terms and is jointly bound to Terms with the represented Organization. If the Individual that registers the Organization does not have such authority, then this Individual is bound to the Terms personally and acts on his / her own behalf.
Pipingonline.com can modify, amend and update the Terms at anytime and discretionally, without obligation to inform Users in whatsoever way, by updating this webpage. Any change is effective as published and applies, in full, to any new or existing User retroactively. The User that continues to use the Site is legally bound to the updated or amended Terms.
Users shall read the Terms at least monthly to learn about any change of the Terms. Furthermore, if any of the provisions and / or the changes of the Terms is unclear to the User, the User is responsible to seek clarification with Pipingonline (but Pipingonline has no obligation to provide such clarifications). In case the User does not accept or understand the Terms in full, the User shall not use the Site (as only possible remedy).
1. Site Usage
User shall use the Site in compliance with the Terms; User acknowledges and agrees that Pipingonline may block the access to the Site, without prior notice or any notice, to any User that violates or is suspected to violate the Terms.
Pipingonline further reserves the right to block the access to the Site to Users that may:
- be, or suspected to be, harmful to other Users, to Pipingonline and / or its subsidiaries, affiliates, business contractors, partners and to Third Parties;
- violate, or suspected to violate, any local or international Law and / or Regulation;
- hinder, or suspected to hinder, the reputation of Pipingonline;
Further, Pipingonline may block the access to the Site to Users that have registered with multiple identities or have provided wrong identities.
Pipingonline reserves the right to offer different features and functions to different Users and / or group of Users; further, Pipingonline reserves the right, without prior notice or any notice, to change or eliminate any of the features, products and services and to introduce new features, products and services.
By accepting these Terms, User acknowledges and agrees that in no event and in no case shall Pipingonline be liable to the User for any temporary or permanent inability to use the Site, whether due to disruption of the service, limited access to the service, breakdown of the service and its supporting hardware and software infrastructure, failures and bugs of the service, or due to changes to or termination of any features of the Site or otherwise. Further, in no case and no event shall Pipingonline be liable to the User for any delay, error or omission with respect to any communication or data / content exchanged, or supposed to be exchanged, on the Site; and in no event shall Pipingonline be liable to the User for any direct and indirect damage arising from the discontinued use of the Site and / or any potential loss of data, regardless the nature of such data.
Any Site content, such as, but not limited to, the texts, the theme, the product database, the product nomenclature and classification, the product codes and the codification principles, the data tables, the logo, the product icons, the explanatory videos, the animations and the images, as well as the source code, the workflow, the data model, the business model and the pricing plans and any other content and / or feature that give shape, individually and in combination, to the Pipingonline offering are owned by Pipingonline exclusively. None of such content can not be reproduced, replicated, engineered in reverse, duplicated, copied, sold, resold or otherwise exploited by any User or Visitor for any commercial or non commercial purpose without a prior written permission by Pipingonline.
Pipingonline is the exclusive owner of any Site enhancement and improvement of functionalities which results from suggestions submitted to Pipingonline by its Users and / or Visitors; no compensation is due by Pipingonline to any User or Visitor for any such suggestions and / or recommendations.
3. User's Created Content
Pipingonline is a B2B marketplace where buyers, suppliers finalize sales and purchase contracts by exchanging content and information online, via the services operated by the Site. By using the Site, Users acknowledge and agree that:
- Only the User that has created and transmitted the content, the data and / or the information to other Users, and not Pipingonline, is responsible, in full, for the truthfulness, the quality, the lawfulness and the accuracy of such content;
- Only the User that has received the content, the data and / or the information from other Users, and not Pipingonline, is responsible to assess, with due care and diligence, the truthfulness, the quality, the lawfulness and the accuracy of such content; User shall double check any content received on the Site, and shall bear all risks associated with the use of any such content;
- Pipingonline does not check or control the content, the data and / or the information transmitted and / or received by Users in any way, including the content exchanged by Users by online chat or email or webforms or otherwise, and is not therefore responsible for the truthfulness, the quality, the lawfulness and the accuracy of any content, data, information and / or proposal that Users exchange on the Site;
- Under no circumstances and case shall Pipingonline be liable, in any way, for any direct and / or indirect damages, claims, costs, of any nature, borne by any User which has trusted the content, the data, the information and / or the proposals received on the Site from any other User.
- Suppliers are informed and agree that Pipingonline has no control over, and is not responsible for, the truthfulness, the quality and / or the accuracy of the purchase requisitions ("Requisitions") floated for bidding by buyers and that Pipingonline has no control over, and is not responsible for, the actual willingness and / or ability of such buyers to finalize purchase orders ("Purchase Orders") after having floated such Requisitions;
- Buyers are informed and agree that Pipingonline has no control over, and is not responsible for, the truthfulness, the quality and / or the accuracy of the technical and commercial bids ("Bids") submitted by suppliers in reply to their Requisitions and that Pipingonline has no control over, and is not responsible for, the actual willingness and / or ability of such suppliers to deliver the goods, in the quality and quantity promised in their Bids;
- Buyer and suppliers may leave comments and ratings on the Site about the performance of any other User; Users are informed and agree that Pipingonline does not control nor filters such feedbacks, ratings and opinions and is not responsible, in any way, for the feedbacks, ratings and opinions received from any User from any other User and for the feedbacks, ratings and opinions submitted by any User to any other User. Any consequence, damage, claim arising from feedbacks, ratings and opinions shall fall on the User that submitted such content, and not on Pipingonline.
By creating, transmitting and uploading content and information on the Site, User hereby grants Pipingonline a world-wide, non-exclusive, irrevocable, perpetual, transferable, and royalty-free, sub-licensable license to display, use and reuse, copy, distribute, publish and process any of such content without the need of any explicit or further consent, authorization, notice and without any right of compensation of whatsoever sort and nature (to the User and / or Third Parties). User also authorize other Users of the Site to store any such content received via the Site in the course of the transactions facilitated by the Site. Pipingonline may modify such content, provided the meaning of the content is not totally compromized.
User acknowledges and agrees that Pipingonline shall have the right (but not the obligation), discretionally, to refuse to publish (and to remove) any content at any time, for any reason or for no reason at all, with or without notice, uploaded by any User. Pipingonline may also terminate the access to the Site for any User who violates the Terms.
User acknowledges and agrees that Pipingonline may disclose the User content or identity if required by Law or if, in good faith, believes that the disclosure of content is necessary to comply with legal procedures, to enforce the Terms, to respond to claims related to the violation of Third Party rights or to protect the rights, the property, or the personal safety of Pipingonline, its Users and the public. Pipingonline reserves the right to cooperate with governmental authorities and/or injured Third Parties in the investigation of any suspected criminal or wrongdoing connected to the User. In no case and no event shall Pipingonline be liable for the direct and the indirect damages that may be caused by the disclosure of the User content or identity in the above cases. Further, User is aware that Pipingonline may discontinue its service and business and that User may consequently loose any content created, uploaded and / or received on the Site, with no obligation for Pipingonline to provide soft or hard copies of such content to any User.
User acknowledges and agrees that the Internet transmission of User created content may require codification of data to suit the protocols of the communication network.
4. Other Website Content
The Site may contain hyperlinks in the form of text links, banners or otherwise, to external websites and data sources. User acknowledges and agrees that Pipingonline.com does not control such websites, nor does monitor them or endorse and approve their content, products, services and information in any way.
Furthermore, User acknowledges and agrees that in no event and in no case shall Pipingonline be responsible and liable for any offensive, indecent, immoral or objectionable content published on the Site by any User, or published on the hyperlinked websites, as Pipingonline does not exercise any control or monitoring on the content published and / or exchanged among Users or published by external websites.
5. Registration and Accounts
The Organization shall assign the role of "Administrator" to one of its Associates to register on Pipingonline. The Administrator shall be an Associate of the Organization with the legal authority to bind the Organization to the Terms (Pipingonline is not supposed to check this requirement) and be older than 18 years (or higher, if requested by local Laws).
The Administrator signs up the Organization providing an email address and a password (which become the access credentials for the Organization as a whole). As the sign up process is completed, and Pipingonline has verified the provided data, the Organization becomes an active User on Pipingonline. The Administrator shall provide true, accurate, valid and complete information about the Organization and maintain such information true, accurate, valid, and complete over the course of time. Pipingonline is entitled to suspend Users that have provided untrue, inaccurate, invalid, or incomplete information at registration or after the registration or that register with multiple accounts. Pipingonline may also reject a registration and deactivate an account for any reason or no reason.
The Administrator manages the Organization on Pipingonline and can create new accounts and their access credentials, under the same User, for any other Associate requiring access to the services of the Site ("Child Users").
The Administrator and each Child User shall keep access credentials secret, choose secure passwords, update passwords regularly, log-out at the end of any work session, do not share the password with other Associates and / or Users and take any other initiative to protect the unauthorized use of the credential by malicious Third Parties. In no case and no event shall Pipingonline be liable to the User for any direct and indirect damage caused by the violation of the User account by any Third Party. It is responsibility of the User, and not of Pipingonline, to implement any hardware and software solution, and / or internal security procedure and / or access controls, to prevent such violations and the consequent possible unauthorized access to the account(s) by Third Parties.
6. Subscription Fees and Payments
Pipingonline offers a free trial period ("Free Trial") to any newly registered User (generally, 90 days). User shall subscribe and pay one of the paid-plans - and commit to pay any applicable transaction fee - to continue to use the Site at the end of the Free Trial.
The structure, the value and the duration (as well as any detailed condition) of the subscription fees ("Subscription Fees") and of the transaction fees ("Transaction Fees") are published, and kept updated as they are changed, on the pricing page of this Site. The amount of the fees published on the Pricing page of the Site has a general nature and reflect a "normal" usage of the functionalities of the Site for any given plan: Pipingonline reserves to charge extra fees to any User that generates an above average volume of activity on the Site. Pipingonline also reserves the right to apply different fees to different group of Users, depending on its marketing and commercial plans. Each plan may differ in terms of allowed Child Users or access to the functionalities of the Site. Pipingonline may change the services included in each plan by updating the conditions of the plans on the pricing page of the Site.
Unless otherwise indicated, Subscription Fees are due upon commencement of the subscription term in full and grant access, once paid, to the services of the Site; Transaction Fees are due as invoiced by Pipingonline. Transaction fees may be applied to buyers or suppliers, or both, as indicated on the pricing pages of the Site, and at the conditions set therein. Fees shall be paid in the currency elected by Pipingonline (currently, US dollars), and User shall borne any currency conversion expense if any.
User is informed and agrees that Pipingonline may block, permanently or temporarily, the access to the Site to any User with overdue payments.
If the User upgrades to an higher plan during the subscription term, any incremental charges pro-rated over the remaining period of the current term is charged to the User’s account and is due and payable as the upgrade takes place. The plan is charged at the upgraded value in any consecutive subscription term. No refunds or credits are due by Pipingonline if User elects to downgrade the initially subscribed plan. User is informed that the downgrade of the subscription plan may cause loss of content, loss of features and / or capacity of the service.
In case of fees paid by credit card online, the charges related to Subscription Fees are shown on the User’s credit card statements. In case a subscription plan is subscribed online, User hereby authorizes Pipingonline to bill the credit card in advance, on a periodic basis (yearly, unless otherwise stated on the pricing page of the Site), in accordance with the terms of the service plan until the subscription is terminated by the User according to the provisions set herein. Pipingonline uses a third-party credit card processing gateway to process credit cards and does not store, retain or use Users credit card information.
Either the User and Pipingonline may elect to terminate the account and the subscription as of the end of the then current subscription term by providing written notice, in accordance with these Terms, with a notice time of sixty (60) days before the expiry of the current subscription term. Unless the account and the subscription to the Site is so terminated, the subscription to the Site renews automatically for a subscription term equivalent, in time, to the then expiring subscription term (yearly, unless otherwise stated). Unless otherwise provided for in any form, the subscription charges applicable to the subscription for any such subsequent subscription term shall be the standard subscription charges for the service plan to which User has subscribed at the time such subsequent subscription term commences (hence the value of the charge may change if Pipingonline changes the price of the available plans).
No refunds or credits for subscription charges, or other fees or payments, shall be provided in case the User elects to terminate the subscription to the Site or to cancel the account prior to the end of the then effective subscription term. Following the termination or cancelation of the subscription to the Site and/or account, Pipingonline reserves the right to delete any User’s data and User is not granted any right to recover such data.
Pipingonline also has the right (but not the obligation) to suspend or terminate any account for any feature, product or service because of User inactivity for a certain period of time. This period is set at 90 days.
If a User terminates his/her subscription to the Service or cancels his/her account prior to the end of his/her then effective subscription term or Pipingonline effects such termination or cancelation, in addition to other due amounts, User shall pay immediately any then unpaid charges associated with the remainder of such subscription term or any fee related to the transactions that have been finalized online until the date of termination or cancellation. Such amounts shall not be due and payable in the event User has terminated the subscription as a result of a material breach of these terms by Pipingonline, provided that Pipingonline has not resolved such breach within ninety (90) days from the date of notification (notification shall be given within three business days from the date of the breach).
As a general rule, the Pipingonline standard fees published on the pricing page of the Site do not include any tax, levy, duty or similar governmental assessments, including value-added tax, sales tax, use tax or withholding tax assessable and applicable by any jurisdiction outside the Pipingonline country of incorporation. Users, and not Pipingonline, are responsible to assess whether any such tax shall be charged by Pipingonline, and their values, and therefore added to the fees. Users, and not Pipingonline, shall verify the compliance of the Pipingonline invoices and charges with local fiscal Laws and Regulations. Shall some taxes be found applicable to the Pipingonline standard fees, such taxes shall be borne and paid by the User promptly upon receipt of the amended, or corrective, invoice from Pipingonline.
7. Rules of Conduct
By using Pipingonline, User hereby warrants and agrees to submit or provide true, accurate, current and complete information to be displayed on the Site and / or transmitted to other Users (such as Requisitions and / or Bids) and correct any defective information promptly as discovered.
Users may be allotted some telecommunication means, including but not limited to email account, audio or visual meeting facilities, making and replying to inquiries, etc. The User shall not use these facilities for junk mails, chain letters or spamming or for the transmission of any unlawful, harassing, abusive, threatening, harmful, vulgar, indecent, obscene or otherwise objectionable material of any kind. Abuses may result in the termination of the account.
User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable license to Pipingonline, to display, use and reuse any User information provided on the Site in accordance with the purposes of the Pipingonline service and to exercise the copyright, publicity, and database rights the User has in such material or information in any media known.
User hereby represents, warrants and agrees that it has obtained any necessary copyright or trademark, licenses and permission to publish information and content on the Site and that such content does not violate the copyright, the trademark, the trade secret or any other personal or proprietary right of any Third Party. User, and not Pipingonline, is responsible for any published content on the Site.
User agrees that any of the following circumstances is automatically considered a material breach of these Terms and may cause the termination of the User account by Pipingonline, at once:
- Use the Site in violation of any local, national, or international Law or Regulation;
- Violate any ordinance or regulation including, without limitation, those related to export control, consumer protection, unfair competition or false advertising;
- Upload, upload, email or transmit any information, data, text, files, links, chat, communication, or any other materials or any content that are unlawful, harmful, illegal, threatening, abusive, intruding Third Party privacy, slanderous, vulgar, racist, embarrassing or otherwise objectionable to any other User, Individual or entity;
- Collect or store personally identifying information related to other Users for unlawful or unauthorized purposes;
- Upload or transmit obscene, pornographic or sexually explicit content;
- Upload or transmit content harmful to minor;
- Impersonating any person or providing false information at registration;
- Upload or transmit any unsanctioned advertising, promotional materials, including junk mail, spam, chain letters or any unsolicited mass distribution of email;
- Spam the Site and its Users, even with the chat functionalities available online;
- Upload or transmit any data or material which contains computer viruses, troyan horses, corrupted files or any other similar destructive software and codes that may damage or have the effect of interfering with or intercepting any software or hardware system, data or personal information;
- Upload or transmit material that infringes on the intellectual property rights, copyright, patent, trademarks, trade secret or other rights of Third Parties;
- Act online or offline in any other manner judged by Pipingonline as unacceptable.
8. Disclaimer of Warranties & Limitation of Liability
Pipingonline makes no representations or warranties about the validity, the accuracy, the correctness, the reliability, the quality, the stability, the completeness or the vaiability of any information and / or content transmitted or received from / by Users on the Site. In particular, any content or information on the Site, either uploaded by Pipingonline or exchanged among Users, may contain inaccuracies or typographical errors, be defective, incomplete or not dependable. Information may be changed or updated without notice by any User or by Pipingonline.
User expressly understands and agrees that the use of any feature and service provided or available on the Site is at User's own risk and account. Pipingonline cannot foresee or anticipate technical or other difficulties that may hinder the availability of the service or the quality of the service. These difficulties may even result in loss of Users data or service interruptions of any sort and duration, at any time. Also, User is informed and agrees that any material or information downloaded, or otherwise obtained through the Site, may damage the User server or computers and generate massive loss of data of any nature. User, and not Pipingonline, is responsible for any such adverse event and shall implement any measure to minimize the risk of data loss (example regular back ups of any database and application in use within the User).
A high speed Internet connection is required to use the service properly (example ADSL or higher). Users are responsible, and not Pipingonline, to secure and maintain the appropriate network connections to access the Site smoothly, including but not limited to, a “browser” software that supports the protocols used by Pipingonline and computers with appropriate computational speed and memory. Pipingonline is not obliged to notify Users the fixes or the enhancements to the Site, as they are implemented, nor is liable for any compromise or theft of data, including Users data of whatsoever sort and nature, resulting from the transmission of data across computer networks or telecommunications facilities (including but not limited to the Internet) while accessing the Site. Pipingonline assumes no responsibility for the reliability and / or the performance and / or stability of any connections used by Users to access the Site and the actual performance of the Site.
Pipingonline expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with reference to the products made available through the Site by any User to any other Users or Visitor. Pipingonline makes no warranty that:
(a) the features, products and services made available by the Site by Users meet other User's requirements and expectations, in nature, quantity and quality,
(b) The service provided online is available in an uninterrupted, timely, secure, or error-free manner,
(c) the result and / or the business goals that may be obtained by using the Site are accurate, dependable, profitable and / or reliable,
(d) The quality of any products, services, information, or other material purchased or obtained by User through the features and services of the Site meets User's expectations.
User expressly understands and agrees that Pipingonline shall not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, resulting from:
(a) the use or the inability to use the Site,
(b) any defect in the products, the samples, the data, the information and / or the services purchased or obtained by a User using the Site,
(c) the unauthorized access to or alteration of any User's transmission, data or private information by Third Parties
(d) any wrongdoing of any User of the Site,
(e) any material, data or information uploaded by Users and / or Third Parties and made available, or not, to other Users.
Further, Pipingonline makes no representations whatsoever about the accuracy and the truthfullness of any information obtained by other website which Users may access via links available on the Site. When a User accesses a website other than Pipingonline, via a link available on Pipingonline, User acknowledges and understands that such website is totally independent from Pipingonline and that Pipingonline has no control over the quality and the quantity of the content on such website, and that the existence of links to other websites on Pipingonline does not mean that Pipingonline endorses or accepts any responsibility for the content, the use, and / or products and services made available through such web Site in any manner whatsoever.
IN NO EVENT AND NO CASE SHALL PIPINGONLINE BE LIABLE TO ANY USER AND / OR THIRD PARTY FOR ANY DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES IN RELATION WITH THE USE AND / OR THE CONSULTATION OF THE SITE AND THE INFORMATION THEREIN AVAILABLE, FOUND, OR EXCHANGED AMONG USERS, OR AVAILABLE ON ANY OTHER WEBSITE LINKED WITH PIPINGONLINE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF SALES AND PROFITS, LOSS OF MARKETSHARE, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS AND / OR ANY DATA AND ANY POSSIBLE DAMAGING EVENT ARISING FROM THE USE OF THE SITE.
ANY INFORMATION, FEATURE, PRODUCT AND SERVICE AVAILABLE ON THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to specific Users. IN THESE JURISDICTIONS, PIPINGONLINE.COM ’S ONLY LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Pipingonline shall not be liable to the User for delays or failures in performance or disruption of the content, features or services of the Site resulting, directly or indirectly, from Acts of God, forces or causes beyond its reasonable control, including but not limited to, internet failures, telecommunications or any other equipment failures, electrical power failures, labor disputes, riots, disturbances, fires, flood, storms, explosions, acts of war, governmental actions, orders of domestic or international courts.
9. Intellectual Property Rights and Marks
Users and Pipingonline maintain all rights, title and interest in and to all the respective patents, inventions, copyrights, trademarks, workflows and processes, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”).
The rights granted to Users to use the Service under these Terms do not convey any additional rights in the Service to Users, or in any Intellectual Property Rights associated therewith. All rights, title and interest in and to the Service and all hardware, software and other components of, or used to provide the service, including all related Intellectual Property Rights, shall remain with and belong exclusively to Pipingonline.
Pipingonline shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the service or otherwise use any suggestions, enhancement requests, recommendations or other feedback received from Users.
Pipingonline, and Pipingonline’s other product and Service names, and logos used or displayed on the Site are registered or unregistered trademarks of Pipingonline (collectively, “Marks”), and Users may only use such Marks to be identified as Subscribers to the Service; Users shall not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Pipingonline, its Services and / or products.
10. Data Download
Unless expressly permitted by Pipingonline, it is strictly prohibited to download, copy, mirror, archive, intercept, reverse-engineer or redirect content from any page or database of this Site. Even if permitted by Pipingonline, the information downloaded from the Site does not give any title or any other rights thereto. Redistribution, making a derivative work from and any other commercial exploitation of any content on the Site or of any software downloaded from the Site are expressly prohibited. Using boots, spiders, other indexing means or any other device to copy any part of the Site or use of any technology or other means to hide User identity when accessing the Site (example Tor) are also strictly prohibited. Users also agree to generate on the Site a normal band load. Any violation may determine the termination of the account.
11. Compliance to US / EU Export Control
The Service which Pipingonline provide is subject to the U.S. and to the E.U. export control Laws, including embargo provisions with special territories. User agrees to comply with any and all of such Laws and regulations when using the Site. Users located in any jurisdiction in which the provision of the service is prohibited under the U.S. and the E.U. or under other applicable Laws or regulations shall not use the Site and shall not give, directly or indirectly, access to the Site to any government, entity or individual located in any prohibited Jurisdiction. User represents and warrants that:
(a) is not named on any U.S. government list of persons or entities which can not export or import the products available on Pipingonline,
(b) is not a national of, or a company registered in, any prohibited Jurisdiction,
(c) does not permit employees to access or use the Service in violation of any U.S. and E.U. export control Laws, prohibitions or restrictions.
12. General Conditions and Assignment
User agrees to indemnify and hold Pipingonline and its affiliates, executives, directors and employees, harmless from any claim or demand (including legal expenses and professional expenses) made by any Third Party due to, or arising out, of the User's breach of these Terms (and related provisions available on the Site, if any) or User's violation of any Law or the rights of any Third Party.
These Terms, and nothing else, constitute the entire agreement and understanding between Pipingonline and the User, superseding any previous agreement and / or understanding(s) or any other indication and information elsewhere collected or assumed by the User.
Headings used in the different sections of these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such parts or sections within these Terms.
Users may not, directly or indirectly, by operation of Law or otherwise, assign all or any part of these Terms or our rights under these Terms, or delegate the performance of duties under these Terms, to any Third Party without the Pipingonline written consent.
Pipingonline may, without Users’ consent, assign the rights arising from these Terms to any other company designated by Pipingonline or to any Successor or Third Party, provided that any such Successor agrees to fulfill the obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms shall be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective Successors and Assigns.
Pipingonline failure to enforce at any time any specific provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
13. Relationship Among the Parties
Pipingonline and the Users are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties in any manner and for any reason.
All notices to be provided by Pipingonline to Users under these Terms shall be delivered in writing either:
(a) by recognized delivery service, courier or mail to the contact mailing address provided by Users upon registration; or
(b) by electronic mail (email) to the electronic mail address provided by Users upon registration; or
(c) by banner notices on the website or the chat messaging system implemented on the Site.
User may miss notices in case the email address provided at registration is outdated; it is User responsibility, and not Pipingonline's, to keep any contact information up to date not to miss notices and communications. Such notices are intended as given, as marked as "sent" (or similar) on any Pipingonline email client.
Users shall give any notice to Pipingonline in writing by registered letter to the following address: Pipingonline SA Via Balestra 33 6900 Lugano Switzerland. Pipingonline does not accept communications received from Users by other means (example: email).
15. Governing Law
This Terms and the overall relation between Pipingonline and Users are subject to the Laws of Switzerland (Court of Lugano).
If any provision in these Terms is held by a Court of competent jurisdiction to be unenforceable, such provision shall be modified by the Court and interpreted so as to best accomplish the original provision to the fullest extent permitted by Law, and the remaining provisions of these Terms shall remain into full effect.
Validity: 01, September 2016
1. Personal Information and Public Information
Pipingonline considers the following information as Private Information:
- Users' transactional data and information, such as floated Requisitions, submitted Bids and Purchase Orders including all their details (price, commercial terms, volumes and alike), comments or tags and any other information uploaded, transmitted, received, processed by Users while using the Site;
- Information provided for the purpose of subscribing to paid Services, including credit card information, card holders, pin codes, expiry dates etc;
- Information related to the utilization of the Site by Users, and any Associate within the User Organization, including but not limited to log files, activity reports, IP addresses, chat communications, emails, information provided via contact forms and alike, as well as User track and trace information;
- Organization turnover, workforce and bank accounts;
- Contact details of the Associates of the Organization (Child Users).
As a general rule, Pipingonline does not share the Private Information of a specific User with other Users or Thrid Parties (except otherwise indicated by the Terms and this Policy).
Pipingonline considers public information ("Public Information"):
- any public data provided by User to sign up with the Site, such as details of the Organization such as company name, e-mail address, shipping and invoicing addresses, telephone and fax numbers, website addresses, quality and product certifications, manufacturing facilities, patents, product portfolio, marketing brochures, reference lists, demographic information;
- any encoded or anonymized information such as aggregated data about the usage of Site by groups of Users or aggregated data related to group of transactions.
Pipingonline may share Public Information about a specific User with other Users or Third Parties, either to deliver its services and for marketing purposes.
2. Usage of Private Information
Pipingonline.com uses Private Information to:
- Operate the service;
- Customize Users' experience;
- Enable Users to login and use the service;
- Create statistical data about the usage of the service;
- Deliver marketing, operational and service communications;
- Improve the content and the functionality of the service.
2.2 Sharing of Private Information
By using the Site, User acknowledges and agrees that Pipingonline may share Private Information with:
- Third Parties to provide, maintain, and improve the service, such as with providers that deliver specific services as financial institutions, credit card transaction providers, shipping agents, inspection agencies, online communication services, telephone services and hosting providers;
- Third Parties that manage advertising campaigns, contests, special offers, or other events or activities or marketing events in connection with the Pipingonline services;
- Third Parties involved with the sale of company stock or assets, or the financing, the acquisition, the divestiture or the dissolution of all or a portion of the Pipingonline business or any related company;
- Governmental agencies, If disclosure is necessary to comply with applicable Laws, Regulation, legal process, or governmental request or to enforce the Terms, the applicable agreements or policies or to protect the security and / or the integrity of the Pipipingonline Users and service from harmful or illegal activities;
Pipingonline Agents, Sub-contractors and Providers receiving Private Information shall use such information in accordance with the terms set in this Policy.
3. Means of Collection of Private Information
Pipingonline collects Private Information from multiple sources:
Information Provided by Users
This type of personal information is collected when Users sign up with Pipingonline or execute transactions on the Site. Pipingonline also collects Private Information when Users upload or send information to, or through, the service, participate in contests or promotions offered by Pipingonline or its partners, respond to surveys, or otherwise communicate with other Users or Pipingonline online or offline.
Pipingonline gathers and stores, directly or indirectly, specific Site usage details (at User level) in log files. Such information includes IP addresses as well as browser details, ISP data, referring/exit pages, operating system, date/time stamp, and click stream data. Pipingonline collects this information to track the usage of the service and its web pages, to improve the service for individual Users or all Users, to analyze trends, to administer and maintain the Service or to track the usage of various features within the Service.
Pipingonline also uses web beacons, which are tiny graphics with a unique identifier, similar in function to cookies, that are capable to track the online movements and clicks of Users. Pipingonline typically places web beacons on the HTML pages and on the outgoing emails to learn which content has been visualized by Users, how many times and when. This allows Pipingonline to assess the effectiveness of its marketing campaigns as well as to operate and improve the service for the benefit of the existing and the future Users. Users can generally opt out such tracking via browser settings or by unsubscribing to emails.
Links to other websites
Pipingonline may capture Private Information when User clicks on the links to external websites or applications. Users shall be aware that Pipingonline does not monitor, control, determine, and is not responsible for, or endorses, the Privacy practices of the websites and the applications operated by such Third Parties, linked to Pipingonline. Users, and not Pipingonline, shall read the policies of such linked websites and applications and determine whether they can be accepted or not. This Policy applies only to the Private Information collected by Pipingonline, and not by other websites.
Pipingonline offers publicly-accessible blogs and / or forums and may capture Private Information as the User creates content in such pages. Users shall be aware that any information provided on such platforms may be read, collected, and used by other Users and Visitors that have access to the related pages. User shall contact Pipingonline to have specific information removed from such blogs and forums; Pipingonline is not always in a position to delete such content nevertheless.
Pipingonline may also collect information about Users from Third Parties, including but not limited to Third Party verification Services, credit bureaus, mailing list providers, and publicly available sources. In some circumstances, depending on the nature of Services available in a particular country, this information may include tax and financial information.
4. User rating
Pipingonline has implemented a rating system to help Users track and observe the performance of other Users. In particular:
(a) buyers can rate the performance of suppliers as the delivery has been completed,
(b) buyers are rated automatically based on the % of the Requisition lines that have been converted into Purchase Orders.
By using the Site, Users agree that Pipingonline may publish such ratings including the contact information of the specific Associate of the User that has submitted the rating.
5. Security of Information
Pipingonline has implemented reasonable software and hardware measures to protect the Private Information of its Users. However, as no internet, e-mail and network connection is fully secure, even when the latest technologies are adopted, Users shall share Private Information with due caution on the Site and take any necessary measures to protect sensitive data. Users shall also protect the access credentials of its Associates, and implement internal procedures in such sense, to minimize the risk of unauthorized access to Private Information by Third Parties.
6. Hosting and Data Transfer
Pipingonline is based in Switzerland, but the Site may be hosted at providers located in other countries. When User access the Site and transmits or upload information and content on the Site, User agrees to let Pipingonline process such content in territories which may be different from Switzerland or the User's own country. User further represents to have the authority to provide such consent.
7. Opt-out Marketing Communications
User may opt out any marketing communication by unsubscribing from the mailing list or contacting Pipingonline by email.
8. Deletion of Private Information
Users may request the deletion of Private Information. By requesting the deletion of Private Information, User may loss the ability to use the service. Pipingonline is anyway entitled to keep the Private Information for a period of 10 years from the date of the request.
9. Data Retention
Pipingonline is entitled to retain Private Information for a period of 10 years from the date of termination of the account by User, or from the date of request of cancellation of Private Information or from the date of the User's latest access to comply with its legal obligations related to data conservation, to maintain accurate accounting, to resolve disputes and enforce its Terms. However, Pipingonline may decide to erase User's Private Information before the termination of such period if necessary.
10. Policy Update
Pipingonline may change this Policy from time to time. Pipingonline, may, but is not obliged to, notify Users in case of changes by publishing the update on this webpage. Users shall review this Policy regularly. The continued use of the Site constitutes User's agreement to be bound to the latest version of the Policy. If User does not accept the Policy, or any of its changes and amendments, shall stop to use the service and terminate the account.
11. Assign and Transfer
Pipingonline may assign or transfer this Policy, and the User Private Information to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with Pipingonline.
In case of questions, User is invited to contact Pipingonline at firstname.lastname@example.org
PIPINGONLINE.COM DATA SECURITY
Validity: 01, September 2016
Pipingonline.com protects customer's data security as a key business imperative.
1. Approach to Security
Pipingonline has implemented a robust software and hardware architecture to maximize the chances to protect User's data and Private Information.
2. Access control
User sign in the Site by providing an email and a password. Users shall protect their passwords with due care to prevent the risk unauthorized accesses. The service is automatically logged off after 20 minutes of inactivity for security reasons.
3. Access security
Pipingonline keeps Users' access logs to track and prevent possible anomalies. Users shall cooperate with Pipingonline to make sure access credentials are not intercepted by Third Parties.
4. Vulnerability management
Pipingonline uses industry-recognized, enterprise-class security solutions to identify, analyze, and swiftly mitigate potential vulnerabilities. Firewalls and antivirus software protect our servers from malicious attacks.
5. Servers security
Pipingonline.com servers are hosted on Tier III, SSAE-16, or ISO 27001 compliant facilities located in Switzerland. Such facilities feature 24-hour security, biometric access control, video surveillance and physical locks. The facilities are powered by redundant power, each with UPS and backup generators. All systems, networked devices, and circuits are constantly monitored by the provider of the hosting service.
6. Network security
Our network is protected by redundant layer 7 firewalls, best-of-class router technology, regular audits, and network intrusion detection that monitors for malicious traffic and network attacks. Network security scanning gives us deep insight to identify of out-of-compliance systems. A security incident event management (SIEM) system gathers logs from all network systems and creates triggers based on correlated events.
7. Transmission security
All communications with pipingonline.com servers may be encrypted using industry standard SSL. For email, our product supports Transport Layer Security (TLS), a protocol that encrypts and delivers email securely, mitigating eavesdropping and spoofing between mail servers.
Validity: 01, September 2016
A cookie is a small file temporarily placed on the Users' hard drive. The main purpose of a cookie is to allow a web server to identify the computer of a specific User, as well as the used web browser, and optmize User experience. Pipingonline uses session and persistent cookies to display the most likely needed information promptly and support the User. Cookies do not Pipingonline to access the computers of its Users, and do not allow Pipingonline to collect personal information from the target computer. Session cookies disappear from the computer as the web browser is closed or the computer is turned off. Persistent cookies remain on computers after the web browser is closed or the computer is turned off.
The cookies we use or may use can be grouped as follows:
- Essential cookies: these are cookies critical for the Service to function. We use these cookies to keep Users logged into the Service and remember relevant information when he/she returns to the Service;
- Functional cookies: We use functional cookies to track Users activities, understand preferences and improve experience. These cookies can also be used to remember customizable configurations of the service;
User may request more detailed information about the nature of the cookies used by Pipingonline by sending an email to: email@example.com