Welcome to use web services provided by Mascus (hereinafter referred
to as "we", "web sites", “services” or "Mascus". By accessing our web sites you
("you" or "User") agree to be bound by the terms and conditions of this User
Agreement. Please read them carefully.
April 26, 2006
1. General Provisions
www.mascus.com (mascus.com) is an
Internet based public marketplace that enables professionals to efficiently
find, buy and sell second hand vehicles and other heavy machinery ("Used
equipment"). Mascus.com provides you with the leading manufacturers' and
dealers' latest selections, machines from private sellers as well as useful
supplementary services. Mascus.com acts as a link between potential buyers and
sellers.
The principal purpose of these web sites is to display Used equipment
advertisements on the Internet. Any sale agreement on Used equipment that has
been advertised at the web sites is made solely between the buyer and seller.
Mascus is not a party to any such agreement. All information on particular piece
of Used equipment ("Information") originates from the seller and not Mascus.
Mascus is not responsible for and does not guarantee the performance or
suitability to any particular purpose of any such piece of Used equipment.
The material that appears on the web sites is given for informational
purposes only. Although we hope that all users of the web sites will act with
diligence and follow good practise, we cannot verify the Information they
supply. Before purchasing a piece of Used equipment or services you have read
about on our web sites, you should confirm with the seller any Information
(including the price) that is important to your purchasing decision. When buying
a piece of Used equipment please use your own judgement in the same way you
would when buying similar items through a newspaper advertisement.
Should you decide to purchase a piece of Used equipment, finance or
transportation service or any other item as a result of Information obtained
from your visit to Mascus web sites, your contracting party would not be Mascus
but the seller of such item.
2. Registration
To obtain access to Mascus services, you are required to a) give your contact
details and other personal information by filling in a registration form
provided online and b) agree to be bound by this User Agreement. Mascus retains
the information you provided so that you may use the web site without having to
re-enter your information. Only legally competent persons may register as a user
of the web sites.
By registering as a user you assure that the disclosed information is true
and accurate and that you will promptly update any changes to the information
under My Settings on the site. Mascus has the right to refuse any future use of
the web site if it has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete or if you do not follow the terms
and conditions of this User Agreement. Mascus may additionally resort to any
available legal remedies.
As part of the registration process you are requested to select a user name
and a password. It is your responsibility to preserve the confidentiality of the
user name and password and notify Mascus by e-mail () of any known or
suspected unauthorised use of the user name and password. Until receipt of such
notification you are responsible for all use of the user name and password.
3. Privacy
Mascus is committed to protecting the privacy of the users of its web site
and uses all reasonable efforts to ensure that the retained data is protected
against unauthorised access. No security system is impenetrable and therefore we
cannot guarantee the security of our database, nor can we guarantee that the
information you supply won't be intercepted while being transmitted to us over
the Internet.
Mascus has the right to use and disclose to third parties your user
information (e.g. user name and e-mail address) unless you specifically instruct
us otherwise. Information may be disclosed to parties that we believe might be
of interest to you, such as vendors of Used equipment related products and
services. Information is disclosed within the extent of applicable law.
By using the services you give your consent to these privacy provisions.
4. Advertising
By inputting or sending your advertisement to Mascus you request that the
advertisement be published on our services. A valid contract is made between
Mascus and the user once we have verified and accepted your advertisement copy.
It is the seller’s responsibility to specify where each advertisement is to be
published; at Mascus.com, on Mascus Plus (seller’s own used equipment on his own
homepage) and/or in the seller’s own intranet/extranet service. Mascus reserves
the right to reject or withdraw an advertisement at its discretion.
Mascus will contact you by e-mail if your advertisement for some reason is
not fit for publication. Mascus may deny access to the web site for users that
do not act professionally or in accordance with good practise. The preconditions
for publishing are evaluated individually for each advertisement.
Advertisements are individual and may contain only Information on one single
piece of Used equipment. It is your responsibility as the seller to give true
and complete product information on the piece of Used equipment and its
condition as well as all other details that might be relevant for a potential
buyer in accordance with applicable law, administrative statutes and good
business practise. You agree to be bound by the guarantee, price and other
information you have given on the advertisement.
When the piece of Used equipment has been sold it is your responsibility to
remove the advertisement from the web site(s). You are also responsible for
promptly answering all requests, messages and offers you receive as a result of
the advertisement.
Purchase offers received through the web site are not binding unless the
offer contains full details on the material substance of the transaction, such
as terms of delivery and payment.
When you submit an advertisement to Mascus for publication, you agree that
all intellectual property and ownership rights on the advertisement as it
appears on the web site are transferred to Mascus. We may edit, sort, copy and
publish the Information in whole or in part. Commercial or technical Information
may not, however, be edited.
We are not able to verify the truthfulness of any Information or statement
disclosed in the advertisements. Accordingly, you as the disclosing User shall
be responsible for any losses, expenses or other costs we incur as a result of
an untrue statement you deliberately made or provided.
You have the right to cancel the advertisement for any reason at any time.
If an accepted advertisement for some reason does not appear on the web site
at all you shall be entitled to a refund of the advertisement price unless the
omission is caused by unforeseen circumstances beyond our reasonable control or
because of your breach of this Agreement. Our liability for breach of contract
or negligence shall not exceed an amount equal to the price of the
advertisement.
5. Prices and Terms of Payment
You may register as a user of the web site(s), read advertisements, contact
the seller, place purchase offers and Want ads free of charge.
Placing an individual advertisement on Mascus.com site is subject to charge
as specified in a price list that is valid at the time. The applicable rate of
VAT will be added to all prices.
Payments for advertisements are made through web banks or by credit card.
Links to such banks are available on the home page of Mascus.com. No
advertisement will be published before due payments have been made. Contract
customers that advertise their Used equipment at a regular monthly basis, are
invoiced for the services in use. Club Mascus membership fees are invoiced
before the start of the period.
6. Product Information
Mascus wants to draw your attention to the fact that all Information on a
piece of Used equipment advertised in the web sites originates entirely from the
seller of such Used equipment. The seller alone has evaluated and given his
opinions on the condition of this piece of Used equipment. The evaluation is
therefore not made by any impartial third party and Mascus does not take any
responsibility for the truthfulness or accuracy of such evaluation.
7. Intellectual Property Rights
All content such as text, graphics, software and other material of the web
site as well as the arrangement and compilation of such content are the property
of Mascus and protected by Finnish copyright laws. All use including
distribution, publication, reproduction, display or other exploitation of the
content on the web site is strictly prohibited unless expressly authorised in
writing by us.
8. Indemnity and Limitation of Liability
The contents of the site is provided "as is" and "as available". No warranty,
either express or implied, is made in relation to the accuracy, reliability or
contents of the site. Mascus will indemnify errors in services that are liable
to charge if the error was caused by negligence on our part. We will either
correct such error or indemnify the direct damage caused by the error. The
choice between these remedies is to be made at our sole discretion and in any
case the indemnification is limited to the price paid for the advertisement.
Mascus cannot be held liable for any indirect damages whatsoever or damages
caused by circumstances beyond our reasonable control or originating from the
User or any third party.
We do not warrant that the site or the servers that provide it are free of
errors, viruses or other harmful components. We reserve the right to alter the
site or withdraw access to it at our sole discretion.
Within the web site you may find links or references to third party materials
and websites. While we encourage you to consult such websites, we assume no
responsibility for material created or published by such sites and the presence
of such links does not indicate approval or endorsement of any material or
product information contained on any linked site.
9. Availability
Mascus may at any time delete, modify or supplement the content of the web
site without prior notice. We reserve the right to terminate, change, suspend or
discontinue any aspect of the web site in whole or in part at our sole
discretion. The web site may be temporarily unavailable for maintenance or other
reasons.
10. Amendments to Agreement
Internet is an evolving medium. Mascus may change the terms of this User
Agreement from time to time in which case we will post the revised terms on the
web site. By continuing to use this service following such changes you agree to
be bound by the amended User Agreement.
11. Feedback
If you have any comments or improvement suggestions regarding the web site,
please forward your comments and/or a copy of the material you believe to be
inaccurate to the address (), along with an
explanation of your objection or suggestion.
12. Invalidity of Provisions
If any provision or provisions of this User Agreement shall be held to
unenforceable, such provision shall be enforced to the fullest extent permitted
by applicable law.
13. Force Majeure
A party may delay performance of an obligation under this Agreement if it
cannot perform the obligation because of an event that is beyond its reasonable
control and was not reasonably foreseeable when the Agreement was made. This
event includes but is not limited to the following: strike, lockout,
telecommunications failure, fire, theft, water damage, sabotage and
vandalism.
14. Term and Termination
These terms and conditions come into effect when you accept them and they are
in force until further notice. Mascus.com may at any time and at its sole
discretion deny access to the web site from a User that does not follow these
terms and conditions or disturbs other users or the web site itself.
15. Headings
The headings of the clauses in this Agreement shall not be deemed to be part
thereof or be taken into consideration in the interpretation or construction
thereof.
16. Governing Law and Jurisdiction
This User Agreement and the relationship between the user and Mascus shall be
governed by and interpreted in accordance with the laws of Finland excluding its
rules for choice of law. All disputes that cannot be solved amicably shall be
finally settled by the district court of Helsinki, Finland.
17. Information on Alma Media Interactive Oy - Mascus
Head Office
Address: Alma Media Interactive Oy - Mascus, PO Box 979,
Aleksanterinkatu 9, 00101 Helsinki, Finland
E-mail:
Tel: +358 10
665 000
Fax: +358 10 665 2034
Domicile: Helsinki, Finland
Business
identity code: FI15059048