Terms of Service

Terms of Service

Updated 01 September 2020

Background information

This e-business platform is managed by Projectmaterials.com, a trade brand owned by Tecnos SA, a limited liability company located in Via Balestra 10, Lugano Switzerland.

Throughout the site, the terms “we”, “us” and “our” refer to Projectmaterials.com and Tecnos SA as a single entity and collectively. Projectmaterials.com offers the services of the platform, including any information, and tools available to you, provided you accept all of our terms, conditions, policies, and notices unconditionally.

By visiting our site, or using our services, you expressly agree to be bound by the terms of use stated herein (called “Terms of Use”, “Terms of Service” or just Terms), including any additional term, condition and policy referenced by hyperlink or just mentioned on any page. Our Terms apply to any user of the platform, including without limitation users who are visitors, registered users, and content creators.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all the Terms set forth, then do not access the platform and refrain from using any of our services.
Any new feature added to our platform will also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for possible changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1 Eligibility

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents or employees to use this site. You may not use our online Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws and export control laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Account. We reserve the right to refuse service to anyone for any reason at any time.

User Accounts that have not been logged into for a period of time may incur a maintenance fee per month, at the discretion of Projectmaterials, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User’s profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, file storage, message transmission, general administrative matters and message, and other storage costs.

We reserve the right to close an Inactive Account and permanently delete all content in case the monthly data storage fees are unpaid. We reserve the right to close an account with nil or negative funds.
We may display your company or business name, logo, images or other media as part of the Projectmaterials Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing. If you do not consent the publication of your personal image or company logo, you should refrain from registering to Projectmaterials.

2 Data transmission

You understand that your content (except for credit card information), may be transferred unencrypted over the internet and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Communication with other users on Projectmaterials must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, workspace, direct message sending, and other communication channels provided on the Website.
Projectmaterials may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management, and other related purposes. We reserve the right to suspend or ban users that violate our communication policies.

3 Information accuracy

We are not responsible if information made available or published on this site is not accurate, complete or current. The information on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4 Service changes

Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5 Subscription fees

Projectmaterials offers a free trial period (“Free Trial”) to any newly registered User (generally, 30 days). User shall subscribe and pay one of the paid-plans, and commit to paying any applicable transaction fee, to continue to use the Site at the end of the Free Trial.
The structure, the value and the duration (as well as any detailed condition) of the subscription fees (“Subscription Fees”) are published and kept updated as they are changed, on the pricing page of this Site. The amount of the fees published on the Pricing page of the Site has a general nature and reflect a “normal” usage of the functionalities of the Site for any given plan: Projectmaterials reserves to charge extra fees to any User that generates an above-average volume of activity on the Site.
Projectmaterials also reserves the right to apply different fees to different group of Users, depending on its marketing and commercial plans. Each plan may differ in terms of functionalities of the Site. Projectmaterials may change the services included in each plan by updating the conditions of the plans on the pricing page of the Site.

Unless otherwise indicated, Subscription Fees are due upon commencement of the subscription term in full and grant access, once paid, to the services of the Site. Fees shall be paid in the currency selected by Projectmaterials (currently, US dollars), and User shall be borne any currency conversion expense if any.
The user is informed and agrees that Projectmaterials may block, permanently or temporarily, the access to the Site to any User with overdue payments.
If the user upgrades to a higher plan during the subscription term, any incremental charges pro-rated over the remaining period of the current term is charged to the User’s account and is due and payable as the upgrade takes place. The plan is charged at the upgraded value in any consecutive subscription term. No refunds or credits are due by Projectmaterials if User elects to downgrade the initially subscribed plan. User is informed that the downgrade of the subscription plan may cause loss of content, loss of features and/or capacity of the service.

In case of fees paid by credit card online, the charges related to Subscription Fees are shown on the User’s credit card statements. In case a subscription plan is subscribed online, User hereby authorizes Projectmaterials to bill the credit card in advance, on a periodic basis (yearly, unless otherwise stated on the pricing page of the Site), in accordance with the terms of the service plan until the subscription is terminated by the User according to the provisions set herein.

Projectmaterials uses a third-party credit card processing gateway to process credit cards and do not store, retain or use Users credit card information.
Either the User and Projectmaterials may elect to terminate the account and the subscription as of the end of the then-current subscription term by providing written notice, in accordance with these Terms, with a notice time of thirty (30) days before the expiry of the current subscription term.
Unless the account and the subscription to the Site are so terminated, the subscription to the Site renews automatically for a subscription term equivalent, in time, to the then expiring subscription term (yearly, unless otherwise stated).

Unless otherwise provided for in any form, the subscription charges applicable to the subscription for any such subsequent subscription term shall be the standard subscription charges for the service plan to which User has subscribed at the time such subsequent Subscription term commences (hence the value of the charge may change if Projectmaterials changes the price of the available plans).
No refunds or credits for subscription charges, or other fees or payments, shall be provided in case the User elects to terminate the subscription to the Site or to cancel the account prior to the end of the then-effective subscription term.
Following the termination or cancelation of the subscription to the Site and/or account, Projectmaterials reserves the right to delete any User’s data and User is not granted any right to recover such data.
If a User terminates his/her subscription to the Service or cancels his/her account prior to the end of his/her then effective subscription term or Projectmaterials effects such termination or cancelation, in addition to other due amounts, User shall pay immediately any then unpaid charges associated with the remainder of such subscription term or any fee related to the transactions that have been finalized online until the date of termination or cancellation.
Such amounts shall not be due and payable in the event User has terminated the subscription as a result of a material breach of these terms by Projectmaterials, provided that Projectmaterials has not resolved such breach within ninety (90) days from the date of notification (notification shall be given within three business days from the date of the breach).
As a general rule, the Projectmaterials standard fees published on the pricing page of the Site do not include any tax, levy, duty or similar governmental assessments, including value-added tax, sales tax, use tax or withholding tax assessable and applicable by any jurisdiction outside the Projectmaterials country of incorporation. Users, and not Projectmaterials, are responsible to assess whether any such tax shall be charged by Projectmaterials, and their values, and therefore added to the fees. Users, and not Projectmaterials, shall verify the compliance of the Projectmaterials invoices and charges with local fiscal Laws and Regulations. Shall some taxes be found applicable to the Projectmaterials standard fees, such taxes shall be borne and paid by the User promptly upon receipt of the amended, or corrective, invoice from Projectmaterials.

6 Accuracy of billing and account information

We reserve the right to refuse subscriptions. In the event that we make a change to or cancel a subscription, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the subscription was made. We reserve the right to limit or prohibit subscriptions that, in our sole judgment, appear to be placed by unauthorized parties.
You agree to provide current, complete and accurate purchase and account information when publishing content on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

7 Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

8 Third party links

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9 Users’ comments and feedback

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10 Personal information

Your submission of personal information through the store is governed by our Privacy Policy set forth.

11Errors, inaccuracies and omissions

By using our Service, you acknowledge that there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
With reference to the content published on our website, you agree that:
• Projectmaterials does not review any users’ published content, including but not limited to, products and their features, requests for quote (RFQs), products reviews, user’s feedbacks, Company and user’s profiles. The User, and not Projectmaterials, is responsible to double check any content shown on the Site
• Under no circumstances and case shall Projectmaterials be liable, for any direct and/or indirect damages, claims, costs, of any nature, borne by any User which has trusted the content, the data, the information and/or the proposals received on the Site from other User
• User acknowledges and agrees that in no event and in no case, shall Projectmaterials be liable for any temporary or permanent inability to use the Site and its content, whether due to disruption of the Service, limited access to the Service, breakdown, failures and bugs, or due to changes to or termination of any features of the Site or otherwise
• When You provide content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right to use store, reproduce, adapt, modify, translate and display the content (including without limitation, creating and using derivative works) on Projectmaterials and to exercise all intellectual property rights associated with, or contained in, your content
• User hereby represents, warrants and agrees that it has obtained any necessary copyright or trademark, licenses and permission to publish content on the Site and that such content does not violate the copyright, the trademark, the trade secret or any other personal or proprietary rights of any Third Party
• We will not be responsible, or liable to any third party, for the accuracy of any User’s created content
• User acknowledges and agrees that Projectmaterials shall have the right, discretionally, to refuse to publish (and the right to remove) any content at any time, for any reason or for no reason at all, with or without notice, created and/or uploaded by any User on the Site
• The views expressed by users on our site or in your messaging communication do not represent our views or values and we may not monitor content
• User acknowledges and agrees that in no event and in no case, shall Projectmaterials be responsible and liable for any offensive, indecent, immoral or objectionable content published on the Site by any User, or published on the hyperlinked websites, as Projectmaterials may not exercise any control or monitoring on the content published and/or exchanged among Users or published by linked websites
Unless expressly permitted by Projectmaterials, it is strictly prohibited to download, copy, mirror, archive, intercept, reverse-engineer or redirect content from any page or database of this Site. Even if permitted by Projectmaterials, the information downloaded from the Site does not give any title or any other rights thereto (example product templates). Redistribution, making a derivative work from and any other commercial exploitation of any content on the Site or of any software downloaded from the Site is expressly prohibited. Using boots, spiders, scrapers, other indexing means or any other device to copy any part of the Site or use of any technology or other means to hide User identity when accessing the Site are also strictly prohibited (VPNs, Tor browser, etc).
Users also agree to generate on the Site an acceptable band load. Any violation may determine the termination of the account. We monitor attacks and hacking attempts, which represent criminal acts that will be persecuted.

12 Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13 Disclaimer of warranties and limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Projectmaterials.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14 Indemnification

You agree to indemnify, defend and hold harmless Projectmaterials.com and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15 Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

16 Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17 Entire agreement 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18 Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland, Court of Lugano, only.

19 Changes

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]