1) Acceptance of the terms and conditions of use
Berk Wada Private Enterprise, a public company
The website is hosted by berkwada.com.
In order to use the services provided by berkwada.com, should these services be free, you hereby undertake to comply with these terms and conditions of use (hereinafter referred to as the “Terms and Conditions of Use”).
2) Description of the services
(a) The directory
Berkwada Private Enterprise provides an online B2B directory service
The berkwada.com website provides its Users with a set of tools enabling them to communicate directly with their chosen contact, notably via an integrated email service sent to a single contact at a time.
Each User undertakes to strictly adhere to the terms and conditions of use of these tools described below. Failure to do so will result in the User being refused further access to these tools and functionalities.
(c) Online Sale
The online sales service enables website Users to subscribe and, if the situation so requires, pay the subscriptions offered by berkwada.com directly on its Internet site
3) Use of the services
The User of the berkwada.com website acknowledges and guarantees being a company with a legal existence and business activity, and marketing lawful products.
The User of the berkwada.com website undertakes to communicate and transmit true, exact and full information and to regularly update this information.
The User undertakes to use all the berkwada.com website services available in an adequate and non-abusive way and especially undertakes not to interfere with the correct operation of the berkwada.com website in any way whatsoever.
The User must ensure that they do not improperly overload the bandwidths and/or do not transmit elements that may damage, intercept and/or interfere with all or part of the berkwada.com website.
The User may not:
- engage in any decompilation, inverse engineering or dismantling of the Directory and its associated services or in any attempt to discover their source code;
- tamper with or disrupt the operation, communication or any operation related to the Directory and its associated services during use;
- duplicate, reproduce, copy, modify or create any by-product from the Directory and its associated service.
4) Privacy and personal data protection policy
Berkwada.com recognizes the importance that must be given to the protection of personal data.
Berkwada.com makes every effort to apply a strict policy on the protection of personal data that consists, in particular, of high levels of security for products and services offered directly by the berkwada.com website in an attempt to best protect information concerning an identified or identifiable person gathered on the berkwada.com website.
These privacy regulations apply to all the services offered by Berk Wada Private Enterprise on the berkwada.com website and all its language versions.
The company that has a paid or free advertisement in the Directory grants Berk Wada Private Enterprise the non-exclusive, worldwide right and free use of its brand names, logos, trading name and any other content included in the Directory advertisement allowing Berk Wada Private Enterprise to reproduce, publish and disseminate them on its website, on the websites of its partners and on third party websites. This right is granted for the entire period the advertisement is published in the Directory.
The company that has an advertisement in the Directory guarantees that they hold all the rights authorizing them to grant Berk Wada Private Enterprise the above-mentioned rights and guarantees that they do not prejudice the rights of any third party.
6) Intellectual property rights
All editorial elements and content of the Berk Wada Private Enterprise website (notably trademarks, texts, graphics, logos, animations, etc.) are the exclusive property of Berk Wada Private Enterprise , with the exception of elements contributed by Berk Wada Private Enterprise partners or other sites accessible via the Berk Wada Private Enterprise website.
All rights of reproduction or representation of the site berkwada.com are reserved for all countries and for all media, present and/or future.
The User acknowledges that the downloading of addresses and information from the Berk Wada Private Enterprise website, especially for the purposes of constituting a database is prohibited.
With regard to the database making up the Directory and its associated services, the User acknowledges and accepts that the data comprised therein is legally protected and, in accordance with the aforementioned legal provision, shall refrain from:
- extracting, reusing, storing, reproducing, representing or stocking, directly or indirectly, in any medium whatsoever, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the contents of the databases on the Directory and any of its associated services,
- systematically and repeatedly extracting or reusing any qualitatively or quantitatively non-substantial part of the contents of the databases on the Directory and its associated services, that are accessed during operations that obviously go beyond the normal terms and conditions of use of a directory.
The company that has an advertisement in the Directory is fully responsible for the Contents to which its gives access via the advertisements put on line in the Berk Wada Private Enterprise website and/or links to exterior sites.
Insofar as Berk Wada Private Enterprise is unable to monitor all the content of the Internet sites linked to the Berk Wada Private Enterprise website, the User acknowledges that Berk Wada Private Enterprise may not be held responsible for any products, services and/or information available on and/or from such Internet sites
Berk Wada Private Enterprise may not be held liable for any direct or indirect damage that may arise from the use of the Berk Wada Private Enterprise website for any reason whatsoever.
Berk Wada Private Enterprise declines all responsibility for the malfunction of the Berk Wada Private Enterprise website, for incompatible operation in conjunction with any other product, hardware or software and/or any possible loss or distortion of data.
Some Berk Wada Private Enterprise website pages contain links to other external Internet pages that have no partnership with berkwada.com.
Berk Wada Private Enterprise strongly recommends that its Users carefully read the personal data protection policy of each Internet site that they consult.
Berk Wada Private Enterprise may not under any circumstances be held responsible for the exchanges between Users and companies present on the Berk Wada Private Enterprise website or for any future business relationship that may be established between them, Berk Wada Private Enterprise being a third party in these relationships.
Berk Wada Private Enterprise is unable to offer any absolute guarantee of security, insofar as the Internet is an open network that is, by its very nature, sensitive to such risks.
Berk Wada Private Enterprise guarantees that its services comply with its security policy and may not be held liable in the event of a malfunction in the exterior network.
Under no circumstances shall the liability of Berk Wada Private Enterprise be invoked for any prejudice and/or direct or indirect damage suffered by the User resulting from any interruption or malfunction of any kind, from the suspension and/or termination of the connection to the Berk Wada Private Enterprise website.
The User of the website hereby declares that it is aware of the said risks and accepts them.
The User undertakes to keep strictly confidential any login name and password chosen and communicated to Berk Wada Private Enterprise.
Their use is deemed to have been made only by the User.
9) Equipment and connection charges
It is the User’s responsibility to install the appropriate equipment in order to be able to connect to the Berk Wada Private Enterprise website.
All costs relating to equipment, connection and transmission necessary for the use of the Directory and its associated services shall be borne exclusively by the User.
Moreover, the User shall take all appropriate measures to protect their own data and/or software stored on their computer equipment from any loss or damage.
The User is wholly liable for the connection.
The User is also informed that certain company telephone numbers recorded free of charge on
berkwada.com may be displayed with a premium-rate number.
In this case, information shall be given about the detail and total price of the call.
Berk Wada Private Enterprise reserves the right to close the berkwada.com website (or some of its services) at any time with prior notice of thirty (30) days before closure takes effect.
Berk Wada Private Enterprise may, at any time, suspend and forbid access to the Berk Wada Private Enterprise website of any User infringing the terms and conditions of use and more generally any legislation and/or regulation that may be applicable.
11) Effective date and period of validity of the terms and conditions of use
The Berk Wada Private Enterprise terms and conditions of use apply from the moment the User logs onto the berkwada.com website.
They take precedence over all previous terms and conditions and may be modified at any time by Berk Wada Private Enterprise.
In this event, the modifications made shall become immediately effective from the moment that they are put on line.
12) Customer service
Berk Wada Private Enterprise provides you with a customer service available via: firstname.lastname@example.org
13) Attribution of jursidiction – settlement of disputes
In the event of any major dispute between the User and berkwada.com, the parties agree to seek an amicable solution.