Marketeo.com terms and conditions

I. GENERAL PROVISIONS

1. Definitions

Terms used in these terms and conditions shall mean as follows:

• Marketeo.com

  E-commerce platform operated by MARKETEO.COM S.A. registered in Poland, with its registered office in Bydgoszcz at ul. Wojska Polskiego 8.
  Whenever in these terms and conditions a reference is made to Marketeo.com, it shall also include MARKETEO.COM S.A., also referred to as e-commerce platform, advertisement market platform, global e-commerce platform, internet advertisement market platform, advertisement market website, general e-commerce platform.
  Marketeo.com has been created for producers and distributors with a specific assortment on their permanent offer. Platform users can add company information and detailed descriptions of assortment they offer. The mission of Marketeo.com is to create a product base which will serve as a comprehensive source of information for potential buyers.

• GOODS / OFFER

  Object, service or right, which may be the subject of offer in accordance with terms and conditions.

• USER

  Natural person, legal person or an organizational unit without a legal personality, which, having gone through the registration procedure, has access to the services offered by Marketeo.com and can use the platform both as a seller and as a buyer.

• SELLER

  User offering Goods for sale on the Marketeo.com platform, irrespective of the type of offer.

• BUYER

  User who wishes to purchase a specific object or service on Marketeo.com, irrespective of the type of offer.

• ACCOUNT

  A user account held by Marketeo.com under a unique name (login). Such account is a source of data on user details and information on its activities on Marketeo.com.

• REGISTRATION

  Account creating procedure.

• TERMS AND CONDITIONS

  The present terms and conditions of MARKETEO.COM S.A.

2. Terms and conditions of using Marketeo.com

• 2.1.

• Users can be either natural persons over the age of 18 with a full legal capacity, legal persons or organizational units without a legal personality but having the capacity to make binding commitments and to acquire rights on their own behalf.

• 2.2.

• In order to register, natural persons should fill in the registration form by providing the following: full name, full mailing address together with the country and region (province), e-mail address, mobile phone number, name by which the person intends to be recognised on Marketeo.com (login) and the password (Private Account). Natural persons using Marketeo.com by reason of running a business activity are also obliged to give the name of the company under which they are doing business.

• 2.3.

• Registration of a legal person and organizational unit, mentioned in 2.1 herein, as well as any activities of those entities in Marketeo.com can be made by a person who is authorised by those entities to undertake on their behalf any Registration-related activities and excercise any rights and obligations of the User. In order to register, the person should fill in the registration form by providing the following: full name, e-mail address, mobile phone number, full company name of the registered entity as well as its registered address, country and region (province), name under which the entity intends to be recognized in Marketeo.com (login) and password. Upon registration, the User is obliged to state the type of the registered entity, i.e. „Natural person” or „ Company”. New user registration is free. It enables the User to add product offers and to use the internal instant messenger. In order to register, you must fill in the registration form and then choose user name and password.

• 2.4.

• After completing the registration form and confirmation of correctness of the data included therein, a message indicating the manner of confirmation of Registration will be sent to the e-mail address provided. Upon confirmation of Registration, an agreement between the registered entity and Marketeo.com is concluded. The subject matter of this agreement shall be the sevices provided by Marketeo.com in compliance with the Terms and conditions.

• 2.5.

• The User may terminate the agreement without stating the reason by making an appropriate declaration in electronic form or in writing. The User shall not be entitled to terminate the agreement if the User was ivolved in any activity violating terms and conditions of Marketeo.com and in legally justified cases.

• 2.6.

• MARKETEO.COM S.A. may refuse to register or prevent the User from using Marketeo.com unless the User authenticates the data mentioned in art. 2.2. and 2.3.

• 2.7.

• Where Registration has been successfully completed, Marketeo.com creates a user account with a name (login) indicated in the registration form. The User is given access to the Account in Marketeo.com by entering the name and password (Logging in).

• 2.8.

• The Account includes the data provided by the User in the registration form. In the case of any subsequent changes to the data, the User should update the data forthwith using the relevant form available on Marketeo.com website. It is prohibited to remove the data mentioned in art. 2.2. and 2.3. while using the services provided by Marketeo.com. It is further prohibited to provide false or incomplete data. A different e-mail address must be attributed to each Account.

• 2.9.

• The User may hold more than one Account. However, such Accounts must not be used to undertake any activities violating the provisions of the present Terms and conditions. It is particularly unacceptable to:
  1. Use the Account to libel,
  2. Make false or illegal offers,
  3. Hide under a different account, trying to cover illegal activities on Marketeo.com,
  4. Use Accouts to engage in illegal activities.

• 2.10.

• In cases where the User violates terms and conditions, the operator of the Marketeo.com website reserves the right to delete the User's account. The User is obliged to update contact details forthwith following each change thereto. It is prohibited to delete contact details while using the services provided by Marketeo.com.
  Upon registration, the User consents to place and process the User's personal information by MARKETEO.COM S.A. The User has access to its personal data and can change it at any time through the websites of MARKETEO.COM S.A. The User may request to delete its personal data from the database. MARKETEO.COM S.A. may refuse to delete personal data in legally justified cases.

• 2.11.

• Registration on Marketeo.com requires complete contact information to be entered (street, phone, fax, WWW, contact person). After registration, the account obtains the status of a free account.

  Free account

  Internal communication among the users.

  Adding of unlimited number of advertisements.

  Visible contact information of the vendor.

  A user who has decided to switch over from free to PRO Account has to pay a charge.

  According to the information contained in the section PROMOTING.

  PRO Account

  Individual company profile templates.

  Additional communicators facilitating fast contact with the vendor.

  The possibility to add motion pictures in the company profile.

  Company authentication and verification confirmed by the logo (displaying of the logo when the company and offer are being presented).

  Presentation of recently added offers on the platform’s homepage.

  Complex photo gallery of the offer.

  Go from offer presentation to the user’s online store by clicking on the "Go to the online store" button.

  Presentation in the leader module in the catalogue of companies (the most active companies within the last 7 days).

  Individual positioning in the most popular internet search engines (Google, Onet, WP, Yandex, Yahoo).

  No visible advertisements of your competition.

• 2.12.

• The User may not use other users' Accounts or provide access to its own Account to other persons, except in cases where access to Company Account is provided to persons duly authorised by the User to act on its behalf. The User should keep secret its account password.

• 2.13.

• Użytkownik korzystający z MARKETEO.COM, akceptując tym samym regulamin MARKETEO.COM wyraża zgodę na przetwarzanie danych osobowych w celach marketingowych, wyraża zgodę na przetwarzanie danych dotyczących korzystania z serwisów, usług i funkcjonalności świadczonych przez MARKETEO.COM S.A, wyrażam zgodę na publiczne udostępnianie danych osobowych w katalogu firm przez MARKETEO.COM S.A. z siedzibą w Bydgoszczy przy ul. Wojska Polskiego 8, w szczególności na otrzymywanie informacji handlowych pochodzących od MARKETEO.COM S.A. oraz innych osób. MARKETEO.COM S.A. informuje, że zgodnie z art. 24 ust. 1 pkt 3 i 4 ustawy z dnia 29 sierpnia 1997 r. o ochronie danych osobowych, podanie danych jest dobrowolne, a ponadto każdemu użytkownikowi przysługuje prawo dostępu do treści swoich danych oraz ich poprawiania.

II. OFFERS AND SERVICES

3. Adding business offers

• 3.1.

• Adding business offers is possible only after prior registration in platform users database. Adding offers is free and it can be done by using the Add offer link. All newly-added offers will be subject to moderation and then displayed in the categories selected by the User.

• 3.2.

• Offers whose content or graphics contain contact details (e-mail, telephone, website, address, instant messenger details – Gadu-gadu, Skype, Yahoo, QQ, AOL AIM, ICQ) will be sent back to the User requesting their removal. Offers incorrectly placed or placed in a wrong category will be sent back to the User requesting their correction, whereas offers with the content prohibited by the law, such as vulgar, offensive or infringing upon the rights of MARKETEO.COM S.A. or other persons or violating the rules of social conduct shall be removed.

• 3.3.

• The operator of the Marketeo.com platform shall not be liable for sellers' behaviour, goods and services offered by them, and the operator does not intermediate in direct sales, taking into account the provisions explicitly set out in item 5 of Terms and conditions.

• 3.4

• Goods or services which are to be included in MARKETEO.COM S.A. must be described in detail. The person placing the offer shall be liable for any errors or inconsistencies of such description. The brand and other information regarding the origin of goods and the manufacturer, which are included in the description, must be complete, accurate and must not mislead other users.
  Goods are to be placed in the category they best fall under. It is prohibited to place offers in a wrong category (intended for different sort of goods).

• 3.5

• Images must not contain contact details, website addresses, content regarded as offensive or any other elements violating Terms and conditions.

4. Prohibited goods

• 4.1.

• Any offer must not include objects, services and rights, trading of which violates the law in force or third party rights (in particular copyrigths and other intellectual property rights), as well as placing of which may be regarded as violating good practice.

• 4.2.

• Notwithstanding the provisions of art. 3.1, it is not allowed to offer objects marked as prohibited in Annex 1 to Terms and conditions.

• 4.3.

• Objects mentioned in art. 3.1. and 3.2. may not be offered together with other Goods as a free bonus (free of charge).

• 4.4.

• Placing certain types of Goods in offer involves additional requirements, set out in Annex 1 to Terms and conditions.

5. Services relating to using the Account

• 5.1

• Message notices from other contractors can include the following: inquiries concerning the company's business activity, business advertisements and the information published. The messages must not include the content which is against the law, is regarded as vulgar or offensive, or which infringes upon the rights of MARKETEO.COM S.A. or other persons, or violating the rules of social conduct.

• 5.2

• The number of business offers added is unlimited. The advertisement rejected by the moderator must be corrected by the User within 24 hours of their placement in the client panel in: „Advertisements to correct”. This refers to item 3.2.

• 5.3.

• Any User is entitled, if required, to be reminded its password to user profile by entering e-mail address used in the registration process. MARKETEO.COM S.A. reserves the right to verify the User, including but not limited to telephone call.

• 5.4.

• Adding opinions on the User. Opinions including content which is against the law, is regarded as vulgar or offensive, or infringes upon the rights of MARKETEO.COM S.A. or other persons, or violating the rules of social conduct, shall be removed.

• 5.5.

• Adding comments to Business Blogs. Comments which contain any contact data or content which is against the law, is regarded as vulgar or offensive, or infringes upon the rights of MARKETEO.COM S.A. or other persons, or violating the rules of social conduct shall be removed. This refers to item 2.11.

• 5.6.

• Newsletter. By subscribing to the newsletter service the User will receive information on latest offers added to selected categories of Marketeo.com. The newsletter is free of charge. The User may at any time cancel the subscribed categories. Newsletter messages cover the following sections: advertisement market, offers, catalogues of companies, business blogs from selected categories.

• 5.7.

• Inquiries. The User should ensure that inquiries from its Account are not made thoughtlessly, in error or without acquainting oneself with and understanding the consequences of making an offer according to the present Terms and conditions and provisions of Polish law.

III. THE ROLE OF MARKETEO.COM

6. General provisions

• 6.1.

• Marketeo.com acts as an intermediary and is not liable for Users' behaviour, inadequate performance or failure to perform duties under the agreements or transactions concluded with other users. Marketeo.com is neither liable for the consequences of activities undertaken by Users and third parties which violate the provisions of the present Terms and conditions. MARKETEO.COM S.A. in particular shall not be liable for the quality, safety or legitimacy of advertised and sold Goods, authenticity and correctness of the information provided by Users, Sellers' capacity to sell the Goods and solvency of Users making offers to buy. MARKETEO.COM S.A. shall not be liable for users' failure to make an agreement.

• 6.2.

• MARKETEO.COM S.A. does not check the Goods offered. It, however, reserves itself the right to change the category of the Goods or remove the offer altogether, of which the User shall be informed.

• 6.3.

• MARKETEO.COM S.A. may remove an offer in the case where activities related thereto violate the provisions of the present Terms and conditions or the law in force, or have an adverse impact on on the good name and reputation of MARKETEO.COM S.A. The removed offers may not be restored.

• 6.4.

• MARKETEO.COM S.A. may suspend for a definite or indefinite period of time one, several or all Accounts of the User in the event that the User's activities violate the provisions of Terms and conditions, have an adverse impact on the good name and reputation of MARKETEO.COM S.A. or negatively affect MARKETEO.COM S.A. in any other way, or, in justified cases, when an Account requires additional data verification, as set out in art. 2.2. or 2.3. regardless of whether the Account is suspended or not, the User shall be fully liable for its activities which constitute the basis for suspending the Account, in particular the liability for damages towards MARKETEO.COM S.A.

• 6.5.

• The User whose Account is suspended may not, within that time, register again in Marketeo.com without prior consent of MARKETEO.COM S.A.
  MARKETEO.COM S.A. may refuse to register the User again even if the User's Account was suspended in the past.

• 6.6.

• User removal. MARKETEO.COM S.A. reserves itself the right to suspend the Account of the User who violates any of the provisions of the present Terms and conditions. This includes in particular spamming, advertising competitive websites or using words commonly regarded as offensive.
  MAKRETEO.COM S.A. reserves itself the right to suspend the Account of the User whose activities will be deemed as damaging to Marketeo.com.

• 6.7.

• Changes to Terms and conditions. MARKETEO.COM S.A. reserves itself the right to review the contents of the present Terms and conditions and to start a new version of Marketeo.com services. This refers to item 7.

• 6.8.

• Disputes. Any disputes relating to the services provided by MARKETEO.COM S.A. on the basis of the present Terms and conditions shall be resolved by Polish common courts of proper jurisdiction.

IV. ADVERTISING

7. Publication of advertising content

• 7.1.

• MARKETEO.COM S.A. shall not be held liable for the contents of published advertising. The Ordering Party shall be fully responsible for the violation of any interests of MARKETEO.COM S.A. or of any third party using the services of MARKETEO.COM S.A. or any other third party whose interests have been violated due to the contents of the advertisement.

• 7.2.

• MARKETEO.COM S.A. reserves the right to refuse and suspend the presentation of advertisements without specifying a reason, in particular if there is justified suspicion that its contents or the contents of the target website are against the law or the principles of community life or violate or may violate the legitimate rights of third parties.

• 7.3.

• MARKETEO.COM S.A. reserves the right to refuse and suspend the presentation of advertisements on the websites of MARKETEO.COM Group also in case the contents or form of advertising are in conflict with the policy or interests of MARKETEO.COM Group or violate or may violate the conditions of Confidentiality Policy mandatory in MARKETEO.COM S.A.

• 7.4.

• Sending materials by the customer to MARKETEO.COM S.A. for the purpose of preparing a creative concept or putting information in the portal shall be treated by MARKETEO.COM S.A. as confirmation that the customer holds copyrights to these materials.

V. FINAL PROVISIONS

8. Changes to Terms and conditions

• 8.1.

• MARKETEO.COM S.A. may review Terms and conditions and start a new version of the services provided by Marketeo.com. Such review shall take effect within the time specified by MARKETEO.COM S.A., which may not be shorter than 7 days of publication of the reviewed Terms and conditions in Marketeo.com. However, the said changes shall not apply to the offers placed before they took effect.

• 8.2.

• With the first logging in Marketeo.com, the User, upon the said changes taking effect, shal be notified of the said changes and the possibility to accept them. Refusal to accept the said changes shall be equivalent to terminating the agreement with MARKETEO.COM S.A. with consequences set out in art. 10.1.

9. Termination of the agreement

• 9.1.

• The User may at any time terminate the agreement with MARKETEO.COM S.A. (concerning a specific Account) by e-mail or letter. Such termination shall include the declaration of termination of the agreement, and then confirmation of the entered data – name (login) and password.

• 9.2.

• For important reasons, the agreement may be terminated by MARKETEO.COM S.A. with the notice in electronic form (sent to the e-mail address provided during registration) or by telephone by the representative of MARKETEO.COM S.A.

• 9.3.

• In the case where the agreement is terminated on the basis of the decision of MARKETEO.COM S.A., the User may not register in the platform again without prior consent of MARKETEO.COM S.A.

10. Privacy policy

• 10.1

• MARKETEO.COM.S.A. collects and processes the personal data provided by Users in compliance with the law in force and in line with the privacy policy. This refers to items 10.04. do 10.11.

• 10.2

• Users' personal data is disclosed to other users only in cases provided for in Terms and conditions and in other justified cases, after prior consent of the person concerned. This refers to item 2.

• 10.3

• The User undertakes not to disclose to third persons information on other Users, which the User received from MARKETEO.COM S.A. by reason of using the e-commerce platform, unless the User obtained a prior consent of the User to whom the data relate. The information received from MARKETEO.COM S.A. may be used by the User for Account updating purposes.

• 10.4.

• MARKETEO.COM S.A. places particular emphasis on privacy policy. MARKETEO.COM S.A. excercises due care and dilligence while selecting and applying adequate technical and organizational means ensuring protection of the processed data. In particular MARKETEO.COM S.A. protects the data fom disclosure to unauthorized persons as well as from its processing with violation of existing legal regulations. MARKETEO.COM S.A. controls the data processing process on an ongoing basis and restricts access to the data to the largest extent possible, granting relevant authorisations only when they are necessary for proper operation of the website.

• 10.5.

• The basis for personal data processing is the consent of Users as well as a statutory declaration of consent to personal data processing necessary for provision and settlement of MARKETEO.COM S.A. services within Marketeo.com.

• 10.6.

• Providing any personal data is voluntary. Providing the data mentioned in items 2.2. i 2.3. of Terms and conditions is necessary to conclude with MARKETEO.COM S.A. an agreement on provision of services as part of Marketeo.com. The User has access to its data and can make changes thereto at any time.

• 10.7.

• Additionally, occassionally, by means of surveys sent by e-mail or made available diectly at Marketeo.com, MARKETEO.COM S.A. collects demographic and profile data from Users (such as education, age, earnings). This data is used to analyse Users' preferences and adjust the MARKETEO.COM S.A. offer to their expectations as well as for statistical analyses and for the purpose of creating a collective user profile submitted to marketing partners of MARKETEO.COM S.A. Disclosure of this data is always voluntary and the User may at any time cancel survey subscription.

• 10.8.

• There are occasional competitions organized by Marketeo.com. Contact data of those Users who take part in such competition is used to properly conduct the competition, e.g. to notify of win. Apart from that, User's contact data is used to promote subsequent business offers. The User may at any time cancel the subscription for receiving information on discounts/promotion.

• 10.9.

• Users' data may be disclosed to entities authorised to receive such data pursuant to the law in force. This includes relevant judicial authorities.

• 10.10.

• MARKETEO.COM S.A. enables Users to review and modify personal data on terms and conditions set out in item 2.8. hereof. MARKETEO.COM S.A. provides Users with the possibility to delete their personal data from the database in the case of termination of agreement as set out in item 2.5. hereof as well as in other cases if so stipulated by exisiting legal regulations. MARKETEO.COM S.A. may refuse to delete the User's data in cases where the User has not settled all amounts due to MARKETEO.COM S.A. or the User's behaviour on Marketeo.com violated Terms and conditions or the law in force, and when this data is necessary to explain these circumstances and determine User liability.

• 10.11.

• MARKETEO.COM S.A. uses IP addresses collected during internet connections for technical purposes relating to server administration. Furthermore, IP addresses are used for collecting general statistical and demographic information (e.g. on the region from which the connection was established).

11. Severability

In the event that any provision of the present Terms and conditions becomes null and void as a result of valid court decree, the remaining provisions remain in full force and effect.