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GENERAL TERMS AND CONDITIONS

SUBJECT MATTER AND SCOPE

The following document sets forth the general terms and conditions that govern the use of, and access to, the www.forginx.com domain, as well as all responsibilities deriving from its use.

These general terms and conditions apply to FORGINX and to each and every platform user.

By making use of the website, the user accepts the terms and conditions set by FORGINX, which are always made available to users.

Notwithstanding the above, FORGINX reserves the right to establish special conditions that govern the use of services targeting platform users.

INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

FORGINX is holder of the industrial and intellectual property rights of the web platform, and the owner or holder of any license regarding the image, industrial and intellectual property rights of the contents pubished in said platform.

Allowing users to access and navigate the page does nor imply a waiver, transfer, license or granting (in part or in full) of said rights on the part of FORGINX.

Users are to be considered liable whenever they violate the rights of third parties (especially in the case of royalties). In this case, the user must absolve FORGINX of all responsibility and in no case can FORGINX be considered liable for this.

HOW TO USE FORGINX

FORGINX is an online meeting place for customers and suppliers in the field of open die forging. It allows both parties to carry out business activities and reach commercial agreements, following the terms and conditions set by the users themselves.

In order to access FORGINX, you have to register first. The user has to provide his/her own data and make sure the information is correct and copmlete.

As part of the registration process, the user will be given a password. He/she is then responsible of making a good and dilligent use of the web page and its services, and of keeping the password confidential. The user is equally responsible for any misuse a third party does of the web if it results from an unappropiate use or loss of the authorised user's password. In the event the user looses or forgets his/her password, the platform has all necessary mechanisms to recover it.

In order for the registration to be successful, the user has to accept the general terms and conditions. This confirmation is done through the activation of the user account.

FORGINX is not forced to accept all registration requests, which must be verified one by one. If the company refuses the registration of a given user, all data he/she provided will be blocked.

FORGINX will not make use of any personal data unless it is strictly necessary for the provision of its services. Storing or processing user data for any purposes other than the ones previously mentioned is strictly prohibited. Moreover, FORGINX cannot make use of said data when representing third parties.

Third parties representing registered users cannot make use of FORGINX.

The user declares he/she has the right to freely upload all data and contents he/she submits to the web. Moreover, the user declares this information does not breach any intellectual or property rights, and does not infringe any patent, trademark, copyright, commercial secret or third party rights. In addition, the user also declares that the information he/she provides is not confidetial or detrimental to third parties.

The user acknowledges he/she is solely liable and shall hold FORGINX harmless for any damage caused by any communication supplied personally or in their name. Said responsibility covers, without restriction, the accuracy, legality, originality and ownership of the information given.

The user must keep his/her data updated. Moreover, he/she acknowledges that, for as long as he/she is registered in FORGINX, he/she will continuously receive work-related offers and proposals from other users.

FORGINX does not guarantee the veracity or accuracy of the data submitted by its platform users. As a result, FORGINX cannot be held responsible or liable for such data.

The user claims he/she has the right, authority and legal capacity to sign the present contract and declares he/she will fulfill all obligations therein. If, while using FORGINX, the user infringes any provision set forth in the present document, or violates the current legislation, he/she must stop making use of this service and close his/her account.

The user agrees to only upload content he/she is the owner of, and of which he/she has the necessary viewing rights.

Parties must comply with all confidentiality, privacy and personal data protection agreements and may not disclose any personal information unless the other party duly authorises them to do so.

Users are solely responsible for the products they put up for sale in FORGINX. FORGINX does not offer any kind of guarantee and accepts no responsibility for the products advertised in its web platform.

Also, FORGINX cannot guarantee the solvency of its users.

FORGINX cannot guarantee the continuity of the web platform. Neither can it certify that the web page, web site or server is free from errors, software viruses or any other potentially harmful items. FORGINX will warn its users in advance of any forseeable system errors or preventive maintenance work.

However, FORGINX does declare it has put in place all IT mechanisms at its disposal to try and prevent any serious breakdown from happening.

HYPERLINKS

FORGINX will assume no responsibility for the contents of web pages accessible by means of hyperlinks published in the platform. The fact that there are links connecting one web to another does not imply that there exists any type of relation, collaboration or dependence between FORGINX and the owner of the second web portal.

Whenever hyperlinks are used, FORGINX checks that their content does not give rise to any civil or criminal liability under the law. However, FORGINX is not obliged to constantly check said contents.

FORGINX will assume no responsibility for any services provided by third parties and advertised through the web site, or those for which FORGINX only acts as a facilitator.

DATA PROTECTION

In accordance with Spanish Act 15/1999 of 13 December on Personal Data Protection, all data collected by the FORGINX platform must be incorporated into a personal data file owned by FORGINX and duly registered at the Spanish Data Protection Agency.

FORGINX is responsible for the file

FORGINX users have the right to access, amend, modify or cancel the personal data they provided by sending a letter addressed to FORGINX, in accordance with the provisions set forth in article 25.1 of the Spanish Act on Data Protection. They may also send an e-mail to the following address: privacy@forginx.com.

FORGINX will not share any personal data with third parties unless it is strictly necessary for the provision of the requested service.

Registered users expressly allow FORGINX to send them, by traditional or electronic means, information on products, services or special offers linked to the platform's business activity.

In compliance with the current legislation on advertisements and other commercial communications via e-mail , FORGINX will set up an e-mail account for users to exercise their right of opposition.

PRICES AND PAYMENTS

The following payment methods for each of the different categories are allowed::

  • Bank transfer to the account set by FORGINX
  • A valid credit card accepted by FORGINX
  • Direct bank debit

All business transactions are conducted in a secure server environment under protocol SSL, guaranteeing the safety and confidentiality of all data.

Should you have any doubts or queries regarding the payment policy, please contact us by calling (+34) 986 138 618 or send an e-mail to the following address: account@forginx.com

CLAIMS AND CUSTOMER SERVICE

FORGINX will not be liable for any dispute that arises between platform users. FORGINX is to be considered a website whose obligations are set forth in the general terms and conditions.

Should you have an doubts or queries on the invoicing, functionality, or any of the services offered by FORGINX, please send us an e-mail to customer@forginx.com, or make use of the “click-to-call” service.

If the claims or complaints affect products or services provided by companies other than FORGINX, but offered through ts platform, FORGINX will pass on the complaints to each of the companies involved. It will also send the user a copy of every message sent, so that he/she can directly exercise his/her rights.

TERM AND AMENDMENT

This agreement is valid for a year. However, if it is not cancelled at least two months in advance of its expiry date, it will be automatically extended for a further year.

FORGINX may modify the present Terms and Conditions (partly or in full) by publishing them at any time and notifying users by means of some sort of letter or communication.

APPLICABLE LAW AND JURISDICTION

All provisions set forth in the present agreement are governed by the Spanish legislation. In case of a dispute arising out of the interpretation of these Terms and Conditions, the user agrees to submit them to the exclusive jurisdiction of the courts of Pontevedra, renouncing to any other general or special jurisdiction that might apply.