All purchasing/sourcing departments and all professional buyers that want to improve their purchasing performance on:
“Globuyteam” refers to the service provided subject to these General Terms and Conditions and/or Globuyteam GmbH.
By logging on to Globuyteam, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using Globuyteam.
Globuyteam operates Globuyteam services under various top-level domains (Globuyteam.com, Globuyteam.de etc.), as well as various sub-domains and aliases of these domains. All Web sites on which Globuyteam provides Globuyteam services are hereinafter referred to as “Globuyteam Web sites.” These GTC shall govern the contract relationship between the User and Globuyteam, irrespective of which Globuyteam Web site the User is registered with or logged on to.
These general terms of use (the “Terms of Use”) set out the terms and conditions under which Globuyteam INTERNATIONAL provides an interactive on-line service consisting in making available to professionals (the “User”) a panel of services and tools intended to facilitate their search for commercial contacts and business matching.It is specified that in these Terms of Use the term User designates both Subscribers and simple visitorrs.
Simple visitors who do not subscribe to Globuyteam services will have no access to Globuyteam services, nor to the all information related to its Users.
The User enters into this agreement on the use of Globuyteam services with Globuyteam GmbH, Hohlenbaumstrasse 6, 8200 Schaffhausen, Schweiz. Additional contact information, commercial registry data, as well as the name of the authorized representative of Globuyteam GmbH can be found under “About This Site”.
Any use or viewing of services provided by the company Globuyteam on the Globuyteam Web sites assumes that the User agrees to comply with these Terms of Use.
All Users are considered to have read these Terms of Use and to have kept a copy of them. In this regard, Globuyteam recommends that the User reads these Terms of Use carefully, print a copy of them and keep them safe.
The services provided by Globuyteam are intended exclusively for persons of legal age. The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all Globuyteam Web sites.
Any User who does not agree to the terms of this agreement must stop browsing the Globuyteam Web sites as soon as possible and forego use of all services provided by Globuyteam on said site.
1.1 Globuyteam Web sites offers to registered Users (Subscribers) two options:
a) Services called "Membership" for professional buyers:
b) Services called "Membership" for professional suppliers:
1.2 Details about the applicable fees for the Memberships are set forth on the Globuyteam Web sites under "Pricing." Payments for the Memberships shall be due immediately after the subscription. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If Globuyteam is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. Globuyteam may deliver invoices to the User for the Memberships by email. In addition, Globuyteam may make said invoices available for download by the User in a dedicated area of the Globuyteam Web sites for a period of one (1) year from the date of invoicing.
1.3 Any use of the services and contents offered on the Globuyteam Web sites beyond the scope of options provided by Globuyteam requires the prior written consent of Globuyteam.
1.4 Globuyteam shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. Globuyteam is entitled to remove any illegal or prohibited data and/or information from Globuyteam Web sites without prior notice to the User.
1.5 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the Globuyteam Web sites. Globuyteam shall nonetheless endeavor to keep Globuyteam Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Globuyteam control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Globuyteam Web sites.
1.6 The User acknowledges that he/she has the skills and equipment (computer, software, telecommunications resources, etc.) necessary to access the services offered by the Globuyteam Web sites and undertakes to assume responsibility for the costs relating to this equipment (telecommunication costs, etc.).
Users who would like to become Subscribers and thereby access the services offered on the Globuyteam Web sites, must first fill in all the required fields on the registration form on the Globuyteam Web sites and accept these Terms of Use in accordance with the terms provided for in the registration procedure.
1.7 The User waives the right to hold Globuyteam responsible for the operation and exploitation of the Globuyteam Web sites.
Likewise, Globuyteam will not be held responsible in the event of failure, access denial, or poor conditions of use of the Globuyteam Web sites due to inadequate equipment, to interruptions attributable to the User's access provider, to Internet network congestion, and/or any other reason out of Globuyteam's control.
Globuyteam shall have no liability in whole or in part for indirect losses including, but not limited to, loss of data (including copies) or back-ups that Users could have made.
1.8 Globuyteam merely provides the User with a platform on which to establish contact with other Users, and only provides those technical applications that allow Users to contact one another. As regards content, Globuyteam does not take part in any communication between Users. If Users enter into agreements with one another over Globuyteam Web sites, Globuyteam shall not be a contracting party to these agreements. The Users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. Globuyteam shall not be held liable if Users are unable to contact one another over Globuyteam Web sites regarding such agreements. Furthermore, Globuyteam shall not be liable for breaches of duty in relation to agreements entered into between Users.
1.9 Group moderators are entitled to choose their members. They may freely choose whether or not a User may join their group.
2.1 Users must register prior to using any of the services on the Globuyteam Web sites.
2.2 The User warrants and represents that all of the data provided by the User is accurate, complete and true. The User shall report any changes in the registration data to Globuyteam without undue delay. The User shall not use pseudonyms or pen names.
2.3 The User warrants and represents that he or she is of legal age at the time of registration.
2.4 The User shall choose a password upon registration. The User is obliged to keep this password secret. Globuyteam shall not disclose the password to any third party and Globuyteam shall not ask for the User's password at any time.
2.5 By completing the registration process, the User consents to enter the agreement to use the services of the Globuyteam Web sites. Globuyteam accepts this offer by activating the Membership for the use of services on Globuyteam Web sites. The agreement takes effect with the aforementioned acceptance by Globuyteam.
2.6 Each User is entitled to register with Globuyteam only once, and the User may only establish one (1) User profile.
2.7 It is technically impossible for Globuyteam to determine with certainty whether any User registered with Globuyteam is in fact the person he or she represents to be. Therefore, Globuyteam assumes no liability for the actual identity of a User. Each User is solely responsible for checking the actual identity of another User. Globuyteam will not be held responsible for any alleged or actual identity theft. If the User thinks that someone is using his or her account or his or her identity, he or she must inform Globuyteam immediately by post. Subscribers suspecting unauthorised access to their password and/or unauthorised use of their account must inform Globuyteam as soon as possible of this, so that the latter may take appropriate measures. All Subscribers guarantee Globuyteam against any request with regard to actions or declarations made on the Globuyteam Web sites via their personal Subscriber account.
2.8 The User agrees to provide a real email address, of which he or she is the actual owner. The User waives any claim and/or legal action against Globuyteam if he or she does not to receive service messages from Globuyteam sent by email to the address he or she has provided.
2.9 In the event that the User misuses the login and authentication logins/passwords, Globuyteam reserves the right to terminate his or her account without prior notice. The User will be solely liable for the use of the login and authentication logins/passwords by third parties or for actions or statements made through his or her account, whether fraudulent or not. The User hereby agrees indemnify Globuyteam against any claim, fine or damages resulting from such misuse.
2.10 the Users is not allowed to make Globuyteam services available to unauthorized people through his/her subscription datas (login, password). References to an Unauthorised Person mean any person who is not a Subscriber, or an Authorised User.
2.11 When a User wishing to mentor a contact provides Globuyteam with his or her email address, he or she warrants having received this person's prior consent (actual or implied) authorizing their data to be used by Globuyteam. The Mentor is indemnifies Globuyteam, the person invited and any third party and for the consequences of providing their contact information to Globuyteam.
2.12 Globuyteam reserves the right to deactivate the accounts of Users who have not connected to the service for a period of 6 (six) months or more. In accordance with relevant distant selling legislation, the User is informed that he or she is entitled to a period of seven calendar days, from the date of subscription, to exercise his or her right of withdrawal without penalty and without cause. However, the right of withdrawal may no longer be exercised once he or she has accessed the features associated with this service.
2.13 Subscribers affirm and guarantee that their use of services provided by the Globuyteam Web sites is not and will not be contrary to public order, good morals, and laws and regulations in force.
If a User is registered at Globuyteam for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer:
3.1 Right of cancellation
The User may cancel registration for the Membership in writing (by letter) within two (2) weeks without stating a reason. The two-week period begins when membership is activated by Globuyteam, but not before the receipt of these instructions.
Furthermore, the User may cancel registration for the Membership in writing (by post) within two (2) weeks without stating a reason, after having changed its Membership. The two-week period begins when Membership is activated by Globuyteam, but not before the receipt of these instructions.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the aforementioned cases, the cancellation notice should be sent by post to Globuyteam GmbH, Hohlenbaumstrasse 6, 8200 Schaffhausen, Switzerland.
The User’s right of termination under section 6 shall not be affected by the User’s cancellation right under this section 3.
3.2 Premature lapse of the right of cancellation
The User’s right of cancellation lapses before the end of the right of cancellation period cited in section 3.1, in the following cases.
If Globuyteam has begun performing the Globuyteam services for which the User is registered with the express consent of the User, or
If the User has initiated the Globuyteam services for which the User is registered (e.g. in which the User has accessed the Globuyteam services that Globuyteam has made available to the User in accordance with the type of Membership chosen by the User at registration).
3.3 Consequences of cancellation
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains. If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to Globuyteam, then the User must reimburse Globuyteam for the corresponding value. The User must fulfill obligations for reimbursement within 30 days after dispatch of the cancellation notice. Any User may terminate his/her account at any time subject to a notice of thirty (30) days starting from the reception date by Globuyteam of the request for termination.
Users are solely responsible for the content published on or via the Globuyteam Web sites as well as for any element or information sent to another User. Globuyteam does not monitor this content, these elements or this information and cannot in any case be held responsible for it. Users refrain, within the framework of use of the services available on the Globuyteam Web sites, from engaging in acts of whatever nature that are contrary to the legislative and statutory provisions of the Swiss Confederation and/or threaten public order or the rights of a third party.
4.1 The User is obliged,
4.1.1 To provide only true and non-misleading statements in the User profile and in communications with other Users, and to refrain from using any pseudonyms or pen names.
4.1.2 To observe the following rules:
4.2 In particular, without this list being exhaustive and solely on the assessment of Globuyteam, Users is prohibited from:
4.3 Infringement of rules
In case of infringement by a User of one or more of these rules, Globuyteam reserves the right to terminate the contract unilaterally and without prior notification, to block the account(s) of the Users in question, to prevent the posting of all or part of a User's profile, and/or to block his/her access to all or part of the services, on a temporary or permanent basis, without any compensation. In any case, no reimbursement of sums paid by the User shall be made following the permanent deletion of an account by Globuyteam.
4.4 Other
The quality of the Globuyteam Web sites required by both Globuyteam and its Users implies compliance with a certain code of ethics in the expression and behavior of its Users, the respect for the rights of third parties, as well as the respect of the laws and regulations in force. In order to meet the requirements of quality, individual and ethical responsibility, each User may notify Globuyteam on the Globuyteam Web sites of any data (picture, text), behavior or words of another User which they believe infringe on laws and regulations in force, or harm the image or purpose of Globuyteam, the rights of third parties or morality. Consequently, Users acknowledge and accept that the data they provide, as well as their behavior or their words are subject to notification by other Users and to review and/or verification by Globuyteam, on the basis of objective criteria of evaluation.
Globuyteam reserves the right to modify the services offered on the Globuyteam Web sites and/or to offer services different from those offered at the time of the User's registration at any time.
Globuyteam reserves the right at any time to change or modify the pages of the Globuyteam Web sites, the services, prices and/or conditions of use applicable thereto.
These modifications shall become effective as soon as they are put online on the Globuyteam Web sites and will not constitute a cause for termination by a User of his/her Globuyteam subscription. Failing that, Users shall be deemed to have accepted these modifications by continuing to use the Globuyteam Web sites. Users are therefore invited to view the most recent online version on the Globuyteam Websites. A User's presence on the Globuyteam Websites implies his/her full acceptance of any revision or modification of the Globuyteam Web sites.
Globuyteam reserves the right to modify or end the offer of free services at any time, taking into account its legitimate interests and the reasonable expectations of its Users. Likewise Globuyteam reserves the right to change the tariffs for its paid services.
The latter may also choose to continue to use the service in question or not.
Continuation of use of the service one month after the tariff change proposal has been sent will mark acceptance of said tariff change.
6.1 The User may terminate without cause the Membership to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The User may deliver notice of termination by letter to Globuyteam. The termination notice shall include the registered name of the User and an email address of the User registered on the Globuyteam Web sites. The provisions shall not affect the right of both parties to terminate the agreement for good cause.
6.2 A good cause is defined as an event which makes it unacceptable for Globuyteam to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Globuyteam against the User's. A good cause includes any the following events:
6.3 In the event of a good cause notwithstanding Globuyteam's right to terminate the contract, Globuyteam is entitled to:
6.5 In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:
7.1 Globuyteam does not make any warranties or representations regarding any data and/or information provided or made available by any User on any of the Globuyteam Web sites or on any external websites linked to them. In particular, Globuyteam does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
7.2 The Globuyteam Web sites may contain hypertext links to websites managed by companies separate from Globuyteam over which Globuyteam has no control whatsoever.
Globuyteam does not assume any liability as to the content of these sites or to the content to which these sites have links.
The presence of hypertext links to these sites does not signify that Globuyteam approves in any way whatsoever the content of these sites.
Globuyteam is not responsible for any modifications or updates concerning said sites. Globuyteam is not responsible for the sending of information from said sites, or for the malfunction of the latter.
These links to these sites are offered to Users solely for their benefit. Users are solely responsible for any transaction performed with third parties, including advertisers featured on the Globuyteam Web sites, including with regard to delivery operations and payment for goods and services.
7.3 The User has to report any activities of any other User which violate applicable laws adn/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at all Globuyteam Web sites.
Queries regarding agreement with Globuyteam or regarding Globuyteam services can be sent by the customer to Globuyteam using the contact form available at all times on all Globuyteam Web sites, or by sending a fax or letter.
9.1 Globuyteam shall not be held responsible for any false or misleading statements made by a User. Globuyteam disclaims all responsibility related to any communications between Globuyteam Users, on Globuyteam or during meetings between Users and/or non Users, as a result of the use of its site and services.
9.2 In the event that the responsibility of Globuyteam is alleged due to failure by a User to meet his or her obligations under the terms of the law or under the current terms of use, the aforementioned User promises not to hold Globuyteam responsible for any judgment against him/her, this guarantee covering both fines that might be paid as well as attorney's fees and legal costs the User may have to pay.
9.3 The total aggregate liability of Globuyteam in connection with the use of the Globuyteam services (other than for death or personal injury caused by Globuyteam negligence) shall not exceed the actual direct damages, excluding any loss of profit or loss of business suffered by the Subscriber, or the amount paid by the Subscriber for the Service, during the annual subscription period in which the damage occurred, whichever is the lesser. Globuyteam shall have no liability for indirect or consequential loss or damage.
9.4 The liability of Globuyteam for interruptions to availability of the the Globuyteam services caused by circumstances within its control shall not exceed the amount paid by the Subscriber for access to the Service during the period of non-availability. The only obligation of Globuyteam in respect of interruptions caused by circumstances outside its control shall be to use all reasonable efforts to have the Service reinstated.
10.1 The User shall indemnify and exempt Globuyteam from all actions, including damage claims, asserted by other Users or third parties against Globuyteam resulting from an infringement of their rights by the contents posted by the User on Globuyteam Web sites. Furthermore, the User shall indemnify and exempt Globuyteam from all actions, including damage claims, asserted by other Users or third parties against Globuyteam resulting from an infringement of their rights regarding the use of the services on Globuyteam Web sites by the User. The User assumes all reasonable costs Globuyteam incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by Globuyteam, are hereby unaffected.
10.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at Globuyteam 's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of Globuyteam Web sites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Globuyteam.
11.1 Globuyteam recognizes that any data provided by the User to Globuyteam is extremely important to the User, and Globuyteam shall therefore be particularly sensitive in handling such data. Globuyteam shall comply with all applicable legal provisions regarding data protection. In particular, Globuyteam shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on Globuyteam 's treatment of the User's data are set forth in the Data Protection Policy of Globuyteam accessible from each of the Globuyteam Web sites.
11.2 Users may make certain information or contents available on the Globuyteam Websites. The User is wholly responsible for all such information and contents, including any decision to disclose personal information including but not limited their ethnic origin or nationality. By providing such data on the Globuyteam Websites, the User concerned demonstrates his/her explicit wish and, consequently, consent to the processing of this "sensitive" data by Globuyteam and freely accepts exclusive responsibility for doing so. The data that may be stored on Globuyteam is exclusively intended to help the User build his or her professional network. The User has a right of access, rectification and deletion of his or her data. The User can exercise this right by writing to following address:
Globuyteam GmbH
Hohlenbaumstrasse 6
8200 Schaffhausen
Switzerland
11.3 Globuyteam uses the information provided by the User for the various services. All precautions have been taken to store the User's data in a secure environment.
11.4 None of the information entered by the User and that relates to the User will ever be communicated to a third party, neither sold nor exchanged.
11.5 The User may change or delete at any time all his or her information by directly accessing the Globuyteam Web sites.
11.6 Due to the nature of a website, some non-personal data may be collected such as the version of the browser (Netscape, Internet Explorer, etc...), of the operating system (Windows, Mac, Linux, etc...) and the IP address of the User.
11.7 Globuyteam uses cookies when the User visits Globuyteam Websites, so that he or she does not have to enter the same information every time he or she accesses a page. The User may deactivate the use of cookies by changing the preferences in his or her Internet browser. In this case, certain Globuyteam features may no longer be available.
Users may request that information about them that is inaccurate, incomplete, ambiguous, outdated or the gathering, use, communication or saving of which are prohibited, be corrected, completed, clarified, updated or removed. On closure of a Subscriber’s account and for the purpose of evidence, data about him/her may be saved and archived confidentially by Globuyteam. In order to improve the quality of its service and to better meet the requirements of its Users, Globuyteam may have cause to gather personal data about Users, mainly through the use of cookies.
The User grants expressly to Globuyteam a free non-exclusive worldwide right of use enabling Globuyteam to reproduce, disseminate and publish content stored, transmitted or put on line on and by the Globuyteam Web sites with the aim of promoting the service and associated sites. In this regard, the User guarantees to Globuyteam that he/she has obtained beforehand the rights needed for this use.
Consequently, all Users acknowledge that:
More generally, Globuyteam cannot guarantee and does not promise any particular result from use of the Globuyteam Web sites, nor can it guarantee the User against risks inherent in use of the Internet and networks, in particular regarding confidentiality of data exchanged.
Globuyteam reserves the right, at its sole discretion, to reject, refuse to publish or remove any content put on line on the Globuyteam Web sites, as well as restrict, suspend or cancel access by a User to all or part of the services offered at any time and in particular in the event of non-compliance by the User with his/her obligations as set out in this document.
The Terms of Use are governed in French.
The User accepts that any dispute be settled before the courts of the Swiss Confederation. In the event of disputes or claims coming from the User, Globuyteam or a third party, relating to use of the Globuyteam Web sites, only the version of these Terms of Use that is accessible on the Globuyteam Web sites will have binding force between the parties, whatever the date of the disputed facts.
In the absence of an amicable solution, any dispute liable to arise between the parties with regard to the formation, performance, interpretation or termination-setting aside of this document will be under the exclusive jurisdiction of the Courts under the jurisdiction of the Tribunal of Zurich including in the event of a summary proceeding, petition or more than one defendant.
The version in the French language will be used in the case of any dispute or claim arising from the meaning of any term or these terms and conditions of sale and use.
The trademarks, logos, graphics, photographs, animations, videos and texts included on the Globuyteam Websites are the intellectual property of Globuyteam or its partners and may not be reproduced, used or represented by third parties without the express authorization of Globuyteam or they will be prosecuted.
Usage rights are only granted by Globuyteam under digital format on Users’s computer for the purpose of viewing the pages accessed by User’s browser. Hardcopy printing is authorized for exclusive private purposes. Any other use is prohibited without the prior consent of Globuyteam. Users are specifically prohibited from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and/or distributing in any manner whatsoever the services, pages from the Globuyteam Web sites or the computer codes of the items making up the services and the Globuyteam Web sites.
Globuyteam is licensed to use the intellectual property rights associated with the content provided by Users for the purpose of communication on the Globuyteam Web sites. This license specifically grants Globuyteam the right to reproduce, represent, adapt, translate, digitize, use for advertising, commercial or non commercial purposes, to sub-license or surrender any of User’s content (information, description, etc.).
Users expressly authorize Globuyteam to modify the aforementioned content to respect the graphic appearance of the Globuyteam Web sites or other communications media cited above and/or make it compatible with its technical performance requirements or the formats of related media.18.1 Globuyteam reserves the right to amend these GTC at any time, without giving reasons.
18.2 Unless otherwise stated in these GTC, the User may submit all notices to Globuyteam using the contact form provided on each of the Globuyteam Web sites or by letter. Globuyteam may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her User account.
18.3 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
18.4 The place of performance under these GTC shall be Globuyteam 's main place of business.
18.5 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Globuyteam.