Terms and Conditions

The User (Advertiser, Subscriber, or Visitor) is asked to carefully read the following Terms and Conditions and the Privacy Policy (which together comprise the Agreement) which regulate the use of the IndiPages Site throughout many national and international extensions (.it .com .net .ca etc...).

Some areas of the IndiPages Site are accessible without payment and, the moment in which a User accesses these areas, they agree to the relevant sections of this Agreement. Other IndiPages Services can only be accessed following registration and may not be available to all users. By registering for the restricted areas of the IndiPages Website and/or by using those IndiPages Services, User agrees to the sections of this Agreement that apply to those IndiPages Services.

1. IndiPages Services

1.1 The present Agreement concerns the Services offered by IndiPages and consists of providing data and commercial information together with other information and other services (IndiPages Services). The IndiPages Services also include information on products and services from third parties and may permit access to information and services provided by Third parties (Third Party Content).

1.2 IndiPages reserves the right to amend, modify or suspend the IndiPages Services (or any part thereof) from time to time. This Agreement represents the entire agreement between the parties relating to the IndiPages Services and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever which existed or may have existed between IndiPages and the User. IndiPages may modify this Agreement upon notice published over the IndiPages Website.

2. Use of IndiPages Services

2.1 The User should not (if not incidentally, during the process of viewing) copy or commercialize, re-sell, distribute, re-transmit, advertise ,carry on any automated browsing or downloading automatically or otherwise transfer or commercially exploit in any form any of the IndiPages data or Third Party Content received via or in connection with the IndiPages Services other than for the internal purposes of its business.

2.2 The User cannot use the IndiPages data or the Third Party Contents as part of whatever product or service provided to a third party in whatever way that is in connection with the activity or the products of IndiPages.

2.3 The use of IndiPages data or IndiPages Services is prohibited for the purposes of "spamming". The User must not use the IndiPages Data and Services to send non-requested messages with commercial aims or with offers of merchandise and services after payment. The IndiPages Data and Services must not, in any case, be used to send emails to any individuals other than to the individual's corporate email addresses as listed on the IndiPages Website.

2.4 The User agrees to use the IndiPages Services exclusively 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 IndiPages Services.

2.5 A maximum of two links or files for downloading can be attached to the legitimate requests for quotes issued using the IndiPages Services. 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 any such other file format as IndiPages decides is appropriate after an email request at the time.

2.6 The User agrees to promptly answer all responses received for all communications sent through the IndiPages Services.

2.7 Except when permitted by law, the User agrees not to reverse engineer, disassemble, alter or modify, the whole or any part of any software which is accessible via or in connection with the IndiPages Services.

3. How to Register

3.1 To register as a Private User with the IndiPages site, the User must fill in the registration form available online by providing their own personal data and their own commercial preferences as indicated in the same registration form; confirming registration, the User will receive in their own mailbox an email confirming the validity of the same email address indicated by the User on the registration form; a link of text in this aforementioned email, will provide the User with a free registration as a Private User in the database of the web site.

3.2 This free registration formula will permit the Private User to view only some of the data provided by the Advertisers presented on the website. The Private User, has the option of viewing the site in its totality by using the network marketing system instated by IndiPages, which requires the Private User to acquire new IndiPages Private Users. A Sponsor code number, reported in a standard email expressly sent to the Private User immediately after their registration and to send to other potential Private Users, with care and responsibility by the same Private User and with respect to the laws of Privacy enforced by their own Country and the Country of destination, will guarantee to the Private User the credit of the registration of new Private Users.

3.3 To see all of the data provided by the Advertisers, it is required to get at least 10 new IndiPages Private Users through the use of the standard sponsoring email. IndiPages reserves the right to deactivate or suspend temporarily or permanently the sponsoring procedure of other Private Users, at its own unobjectionable judgement. A Private User can sponsor other potential Private Users.

3.4 The Private User that has succeeded in getting at least 10 Private Users to register, will enjoy a life-long registration to IndiPages allowing them total access to all the data from all the Advertisers. GoTo S.r.l. IndiPages reserves the right to modify at any time the conditions of access and viewing of the data by the Private User, after having given previous written notice on the IndiPages website.



3.5 IndiPages reserves the right to send an email confirming their participation more than once in the span of one year and in any case, automatically, if the Private User has not performed an entrance into their own Control Panel at least once in 180 days. If the Private User undergoes a period of at most 30 days, subsequent to the 180 days, not performing at least one entrance to their own Control Panel, they will be automatically removed from the IndiPages database.

4. How to Advertise

4.1 To register as an Advertising User in the IndiPages site, the User must complete the on-line registration module consisting of fields that are both mandatory and optional related to the field of work that is intended to be advertised on the website. Confirming registration, the Advertising User will receive an email to their own electronic mailbox to ascertain the validity of the email address provided in the registration module; clicking on the text link present in the aforementioned email, the Advertising User will be registered for free in the database and will be placed at the "start-up" level. At this point they can decide to increase the visibility of their own company by purchasing a higher level advertising formula .

The only exemption for payment for higher advertising formulas is by the network marketing service activated by IndiPages that allows the Advertising User to procure other Advertisers to the website. The Advertising User, if interested in activating the network marketing, can make use of a standard sponsoring email, containing their own "Sponsor code number", to send to other potential Advertisers but respecting the Privacy laws in accordance with their own Country and the Country of destination and, in any case, will exonerate IndiPages from whatever type of responsibility relating to the said email. The greater the number of new registered Advertisers thanks to the use of the sponsor code number of the Advertising User, the better will be the Advertising User's attained level of visibility. An Advertising User can only sponsor other potential Advertising Users.

4.3 The Advertising User will have 15 days available, starting from the date of registration to the website, to be able to send sponsoring emails and to get as many Advertisers as possible registered.

4.4 IndiPages reserves the right, at its own unobjectionable judgement, to deactivate or suspend temporarily or permanently the sponsoring procedure to other potential Advertising Users.

4.5 The achievement of any level of visibility has a duration equal to 365 days from the date of payment or from the achievement of whichever level attained thanks to network marketing; at the end of the said period the Advertising User will update their own data and may renew their own subscription for another period of 365 days by clicking on the "Increase visibility" menu option, paying the corresponding fee for the preselected formula or obtained through network marketing, or by purchasing another advertising formula.

4.6 The Advertising User with a subscription who decides not to pay the planned sum for the renewal of the subscription will not be deleted from the database but will be returned to the "start-up" level.

4.7 IndiPages reserves the right to send an email confirming their participation more than once in the span of one year and in any case, automatically, if the Advertising User has not performed an entrance into their own Control Panel at least once in 180 days. If the Advertising User undergoes a period of at most 30 days, subsequent to the 180 days, not performing at least one entrance to their own Control Panel, they will be automatically removed from the IndiPages database.

4.8 The Advertising User (Subscriber or Advertising User) who has not undergone completing in the Control Panel the fields of the menu options marked with a green asterisk will not be able to access all of the data provided by the other Advertising Users.

5. Licence of Use

5.1 IndiPages grants the User a personal licence, non exclusive and non transferable to access and use the IndiPages Services and Data for internal purposes only upon the terms and conditions of this Agreement. The User shall not transfer, release, give a sub-license or transfer in other means its own rights given by this Agreement and, in particular, the User shall not allow any person (other than when the User has a company, its own corporate body or business partner, or its duly authorized employees) to use or have access to the IndiPages data without the prior written permission from IndiPages.

6. Ownership and Intellectual Property Rights

6.1 The User acknowledges that the IndiPages data forms a valuable body of information and that the copyright, the trademarks and all other intellectual property rights in or relating to the IndiPages Services and Data are and shall remain the property of GoTo S.r.l. 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 IndiPages Data.

6.2 IndiPages and the IndiPages logo are registered commercial trademarks and must not be reproduced for any reason.

6.3 The User shall not modify,adjust or alter any part of the IndiPages Services and shall not use software to access the IndiPages Services without permission,or use software that will corrupt the IndiPages Services in any way.

7. Liability

7.1 The User acknowledges that it must use its own skill and judgement when using the IndiPages Services and that it uses the IndiPages Service at its own risk. Any use to which the User puts information obtained from or through the IndiPages Services (including, without limitation, all tenders submitted using or obtained from the IndiPages Services) shall be the responsibility of the User.

7.2 The User hereby indemnifies IndiPages against any loss, damage or liability whatsoever which may arise directly or indirectly from the use of the IndiPages Data or the IndiPages Services by the User including, without limitation, in respect of all tenders and other information provided as part of the IndiPages Services, any action or claim by any supplier to which requests for quotations are submitted or any regulatory fines.

7.3 The User acknowledges that IndiPages does not have control over the information available on the IndiPages site and in consequence IndiPages accepts no liability for the currency, usefulness or any inaccuracy of the IndiPages Service and any offers or other information made available as part of that service.

7.4 The User agrees that the IndiPages Services may also not identify Advertisers or interested providers or identify Advertisers or providers that may not be interesting to the User.The User must use their own judgement and ability for evaluating the results of IndiPages Services and shall not hold IndiPages responsible for any costs, internal or external (including, without limitation, all external consultations and internal management costs) sustained for having used or responded to offers from providers not related or incorrect or to be based on any information obtained through the IndiPages Services. The User must not hold IndiPages responsible for the loss of business or for any other loss derived from lack of recognition by IndiPages Services of important offers from the providers.

7.5 The User agrees that IndiPages is not in any way responsible for control of content of emails sent using the IndiPages Services,either on their attachments or any responses and that as such IndiPages accepts no responsibility for any of these.The User agrees that the scope of IndiPages is solely that of facilitating business between the User and suppliers and that IndiPages 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.

7.6 Much of the IndiPages Data is provided to IndiPages by Third Parties, usually the IndiPages Advertisers. The accuracy and completeness of the information collected depends on the co-operation of the listed companies. Although IndiPages assumes the responsibility of doing its utmost to assure that the information is, from the commercial point of view, the most accurate possible, IndiPages does not accept any responsibility that the Data provided by IndiPages are updated, useful or accurate.

7.7 The IndiPages 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 IndiPages Services or the IndiPages Data or Third Party Content or any information obtained using the IndiPages Services whether express or implied, statutory or otherwise which are hereby expressly excluded to the fullest extent permitted by law.

7.8 Due to the nature of the interactive services and the Internet in general, IndiPages gives no warranty or commitment that use of the IndiPages Services will be free from interruptions or errors, and Goto S.r.l. IndiPages 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 IndiPages Services.

7.9 No guarantee is given that emails sent or received using the IndiPages 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.

7.10 Clicking on certain links within this site might take the User to other sites and IndiPages 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.

7.11 IndiPages 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 IndiPages Data or any other information provided or received as part of the IndiPages Services (including, without limitation,any results of invitations to tender),or its use by the User.IndiPages 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.

8. Fees and Security

8.1 If the User wishes to access certain parts of the IndiPages Services which are not freely available to all users, the User will be required to pay non-refundable fee(s) to IndiPages (or as otherwise directed by IndiPages) on the basis and at the rates specified by IndiPages from time to time.

8.2 Users may be offered the opportunity of paying for access to the IndiPages 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 IndiPages has taken all normal precautions to minimize the risk of interception, the User acknowledges that any information is sent at the User's own risk and that IndiPages shall have no liability for the security of this information while it is being transmitted.

8.3 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 IndiPages.

8.4 The user must protect the Chargeable Services and any IndiPages data available through them, from the access by unauthorized third parties, and will follow all instructions relating to the security of the Chargeable Services issued by IndiPages. In accessing any Chargeable Services or any of the IndiPages Services which require registration, the User will use their password, their user identification (ID) or their username issued by IndiPages. The User accepts all responsibility for the use of any such security measures and warrants to keep any such password, user identification or username or any other security measure or device confidential and will not disclose it to any other person.

8.5 The chargeable Services will be billed in accordance with the Italian fiscal legislation and with the European Union Directive on the electronic commerce relative to the value added tax (VAT - IVA in Italian) regime applicable to "on-line services" (Directive 2002/38/CE of the Council). Pertaining to the purchases effectuated by companies located in the European Union (except Italy) they will be exempted from the VAT on condition that the purchasers have a valid VAT number. Purchases from Italy will be subjected to the payment of the Italian VAT. Companies and Individuals in countries not belonging to the European Union are exempt from the VAT. Consequently if the purchaser is not located in the European Union, it so happens that the client must pay taxes or customs for the importation of goods and services from Italy. The purchaser is responsible for ensuring that the importation of said goods and services are not contrary to the laws in force in the country of destination. Individuals located in the European Union will be subjected to the payment of the Italian VAT.

8.6 We will write your invoice in Italian; however, the goods and services purchased may be indicated on an invoice that is also in English or other languages. In case there are misunderstandings and/or objections, the Italian text of our invoices is predominantly accurate to the translation in English or in whichever other eventual translations.

9. Privacy Policy

9.1 The Privacy policy for the IndiPages Users is applied in conformity to Italian law DLGS 196/2003 -art.13

9.2 (Information gathering) We learn of your personal information (Your Data) only when you provide them at the beginning of your registration or when you contact us to receive information. If you are on our site only in passing it is not necessary to disclose any personal information, as for example your name, your contact information or even your credit card information, which we need to use in our billing system. Upon your request, formulated either in Italian or English, we will always let you have a copy of all personal information we have about you, after we receive a payment as we are permitted to make under relevant data protection Italian legislation.

9.3 (Use of data) )We collect information about our Users so that we can inform them of new offers, products and services which may be of interest to them, to help us improve and target 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. Your information may be processed by third parties under contract with us in order to fulfill our arrangements with you.

9.4 (Transferring your data) 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, and locations. We may store certain personal information and use this to offer you personalized services, information and offers through our services. 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.

9.5 (Security of data) 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, while we strive to protect your personal information, we cannot ensure or warrant the security of any information which you send to us while it is being sent, and you send such information at your own risk.

9.6 (Cookies) We may use cookies on the site to make it easier to use.

9.7(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.

9.8 (Automated Decisions) Part of the IndiPages 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 data protection practices. To keep up with rapid technological change we may from time to time review and revise these practices .

9.9 (Information in accordance with Italian state law DLGS 196/2003 - art. 13 ) Here also are the rights recognised under art. 7 of the law 196/2003:

To obtain the confirmation of the existence or not of the personal details with regard to you , the up-dating, the rectification, the inclusion of Data, the cancellation, the transformation into an anonymous form or the blocking of information treated in a way which violated the Italian law.

To dispute in whole or in part, for legitimate reasons, to treatment of your personal Data, even if it is in accordance to the aims of the information gathering, in this case we will not be able to provide you with any further services.

All the rights in accordance with Italian state law DLGS 196/2003 - art. 13 are exercised, with written request in Italian or English , addressed to the Manager of information treatment, also through someone appointed to represent you or your company, will be provided with the appropriate reply and without delay.

We point out that the Manager of Information is GOTO S.r.l. located in Porto Recanati (MC) Italy, CAP 62017, Via Del Sole 10/A, where is also stored the update directory of the persons or categories to whom the data may be communicated.

You can update or change on line your personal information at whatever time, through the "Update on line" section of this site.

Your personal data, in conclusion, may be updated or emended by sending an email in Italian or English to privacy@indipages.com

10.Data

It is the responsibility of the User to ensure that it is complying with the national laws of any country relating to the access of the IndiPages Data.

11.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 IndiPages Service.

12.Termination

12.1 IndiPages may terminate the IndiPages Services (or any of them) at any time and without cause by giving prior written notice on this website

12.2 Without prejudice to any other rights or remedies, IndiPages may at any time suspend the IndiPages 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. IndiPages will under no circumstances be liable to refund all or part of any fee (if any) in the event of the suspension of the IndiPages Service or termination of this Agreement. On termination of this Agreement the User will immediately destroy all copies of the IndiPages Data it has acquired by use of the IndiPages Service and will immediately cease using the IndiPages Services, although the User shall be permitted to continue using the information (including all/any tenders) it has acquired by use of the IndiPages Services prior to termination.

12.3 The acceptance of the present Agreement authorizes Goto S.r.l. IndiPages to send by email, fax, sms, mms, commercial mail, advertising or information to the address and/or to the addresses provided by the User at the time of registration. The User can at any time request not to receive any further emails, faxes, sms, mms, mail of this type but will be automatically removed from the database and the list of IndiPages Advertisers; this applies also to Private Users and Advertisers with a subscription or in payment, without IndiPages being held accountable for any form of compensation also in relation to the payment services eventually purchased, already active or to be activated.

13. General laws

13.1 As expressly stated in the preceding articles,any notice given in relation to this Agreement must be in writing and delivered by hand, first class post, email or fax to the party in question to the address given by IndiPages on this site or the address given by the User at the time of registration using Italian or English.

13.2 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

13.3 Neither party shall be liable for any delay in performing its obligations if such delay is caused by circumstances beyond its reasonable control.

13.4 Each party hereby confirms that in relation to the IndiPages 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.

14.Confidentiality

The User will treat as confidential and keep secret all information contained in or concerning the IndiPages Services, and the method developed by IndiPages to compile and organize the IndiPages 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.

This clause will remain in full force and effect after termination of this Agreement.

15. Governing Law and Disputes

In the case of a dispute between User and IndiPages, the parties agree to come to an amicable decision. In the lack of an agreement the parties hereby submit to the Macerata (Italy) Courts to resolve any dispute.

This Agreement shall be governed by and construed in accordance with the laws of Italy and the parties submit to the jurisdiction of the Italian Courts. This will not prevent IndiPages from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of this Agreement, the IndiPages Services, or the IndiPages Data in any other jurisdiction throughout the world.

The Italian text of the present Agreement is overriding with respect to whichever translations eventually effectuated.