Subscription terms

REGISTRATION AND SUBSCRIPTION GENERAL TERMS AND CONDITIONS

In order to access the Advertisement placement service and other service and these special terms, Users must register. Users must be recognized as active members of the Manitou Group distribution network in order to subscribe. In case of validation and acceptance of the registration by Manitou BF, or any subsidiary substituted therefor, registered users shall receive codes and login information in order to accept the special subscription terms and thereafter access the for-pay subscription to the Advertisement placement service on the www.used.manitou.com website. 

Registration shall not be interpreted as a commitment on behalf of Users to pay or place Advertisements. 

Internet User: Any person looking for information regarding the sale of Used Equipment and who is neither an Advertiser nor a Subsidiary of Manitou BF, but who may be a purchaser.

Manitou Users: shall designate Manitou BF or one of its subsidiaries.

User: shall designate all the above-mentioned persons before registration.

Subscriber or Advertiser: Any dealer or seller approved by Manitou Group, or any subsidiary, acting in a professional capacity and placing an Advertisement on the www.used.manitou.com website having accepted these presents. 

Used Equipment: All construction and lifting equipment as well as agricultural and industrial equipment and directly or indirectly related spare parts.

Service: shall designate the services or content offered by Manitou BF to the Subscriber under the framework of its Subscription. 

Subscription: Any purchase of a batch of credits providing for using various site services.

The User hereby acknowledges and accepts that the name www.used.manitou.com used herein shall apply to all domain names and sites registered by Manitou BF for promoting Used Equipment from its distribution network.

The present Subscription General Terms and Conditions shall be strictly reserved for use of the Website by:

• Advertisers

• Manitou Users.

Taking out a Subscription with Manitou BF implies acceptance without reserve of the present General Terms and Conditions. 

By accepting the present Registration and Subscription General Terms and Conditions, Users acknowledge their capacity as one of the above-mentioned persons.

The purpose of the present General Terms and Conditions is to define the terms and conditions under which Subscribers may access and use the services offered on the www.used.manitou.com website. 

Manitou BF reserves the right to refuse a registration and refuse a subscription to any Users that do not fulfill the definition criteria for an Advertiser or Subscriber.

Manitou shall offer Subscribes, who so accept, a Subscription to the Services offered by the www.used.manitou.com website

Such Subscription shall allow Subscribers to access additional services, in relation to those available freely on the www.used.manitou.com website and for which they accept the General Terms and Conditions. 

The Subscription shall be made by filling out the form present on the Website and submitting any required documents. 

Any documentation other than the present General Terms and Conditions and on any media such as a leaflet or catalogue published by the www.used.manitou.com website shall be for informative purposes only. 

Users are hereby informed that there is a delay between the registration date and the date when they may access the Subscription.

After accepting the Special Terms and Conditions and receiving the applicable price sheets, validation of their means of payment, and reception of all required resources, Subscribers shall be responsible for managing their credits. 

Cookies must be accepted for any subscription.

In order to provide access to the Service, an individual subscription to the relevant portal is required. 

Subscribers shall provide correct contact information and any other information required for accessing Website Services and periodically update such information particularly with regards to any changes. 

Each individual subscription shall provide entitlement to a single access to the Service. 

The Service shall be directly accessible only using the Subscriber’s browser after validating the access codes. Subscribers are hereby reminded that the username and password provided are strictly personal; Subscribers shall keep them secret and not divulge them to third-parties.

Subscribers hereby acknowledge that Internet access does not provide security or confidentially guarantees and they shall be personally responsible for implementing the technical resources required for the integrity, authentication, and confidentiality of any information transmitted over the Internet. 

Subscribers shall ensure they have the electronic communications resources and the skills required to access the Website and view its pages. 

Subscribers are hereby reminded that they must have, at least, a personal computer connected to the Internet through an Internet Access Provider as well as so-called “Internet browser” software.

Advertisement placement is a for-fee service of the Subscription.

“Advertisement” shall designate the space reserved by Manitou BF for its subscriber dealers. This space shall be dedicated to the online publication of a single Used Equipment as defined in the General Terms and Conditions for Using the Website. 

Duration of the Advertisement’s online publication and automatic renewal: 

The Advertisement’s online publication duration shall be 30 calendar days. 

Preferably, Subscribers should draft Advertisements in English. In order to prevent any disputes later on, Manitou BF requests that Subscribers verify their Advertisements as soon as they are published. Manitou BF shall not exercise any editorial control over the Advertisements published using this Service and shall be solely responsible for compiling and presenting the Advertisements distributed via the Website. Manitou BF shall not guarantee the accuracy of the Advertisements published on the Website and shall not, under any circumstances, be held liable for the content or lack of truthfulness of the information included in the Advertisement Publishing Service. 

Advertisement: 

Each advertisement must offer a sole and unique equipment for sale.

The mandatory fields must be filled-in.

Online publication of a photograph shall only be allowed on the sole condition that it accurately illustrates the Advertisement and consequently corresponds exactly to the machine described in the Advertisement in its current status. The photographs and logos used must present the equipment for sale. Photos and logos from the manufacturer’s or other publications and Internet sites are strictly prohibited. The Seller must hold the copyright or a license for the photos or logos included in the Advertisement.

Including Internet sites or advertising is prohibited without express permission from Manitou BF or any subsidiary substituted therefor.

The Website offers publication for Advertisements SOLELY regarding used equipment. The sale of new equipment is therefore prohibited.

• Advertisement content must be sincere. Subscribers shall act in good faith with regards to Manitou and site Users.

• Should the Equipment be sold during the publication period, the Subscriber shall directly remove the Advertisement. 

Advertisement promotion: This option shall provide for promoting an Advertisement on the site in accordance with several methods described in the Special Terms and Conditions.

The Advertisement promotion option is a for-fee service and may only be used by purchasing credits for your customer account. Credits shall be deducted for each promotion.

Regardless of the method selected, Manitou BF reserves the right to remove the Advertisement at any time for non-compliance with the Terms of Use and the Registration and Subscription Terms and Conditions.

Subscriptions shall be granted without valuable consideration.

Only the purchase of credits shall be a for-fee service. Subscribing to services shall be performed according to a lump-sum pricing system consisting of purchasing batches of credits online. A credit may be used to place an Advertisement and one or more credits may be used for other options offered by the Subscription service. A credit shall be valid for one year from the invoice date. Subscribers are hereby informed that Subscription service management and in particular Subscription invoicing is entrusted to the Belgian subsidiary: Manitou Bénélux.

Payment Terms: In order to purchase credits, the following means of payment shall be used: 

§ Bank card and online payment: Subscribers must provide their card number and expiry date (input via a secure site, using data encryption) 

Subscribers shall warrant that they are fully authorized to use the payment card to pay for the Subscription. The following payment cards shall be accepted: MasterCard, Visa. In principle, the Subscriber’s bank account shall be debited as soon as the online subscription is made. 

Securitization: with regards to online Subscription payments, it is hereby specified that the Website is subject to a securitization system. It is hereby specified that Manitou BF or any subsidiary substituted therefor in Subscription service management does not have access to Subscribers’ bank details. Subscribers are hereby informed that Ogone, Manitou BF’s service provider and expert in online secure payments, may transmit personal and payment data to any third-party whose participation is required in order to correctly process the payment

Price: The Advertisement price shall be provided in euros before tax, and shall be subject to applicable taxes. All orders, regardless of origin, shall be payable in euros. The price shall correspond to the purchase of credits used to access one or more services or to a corresponding batch.

Manitou BF reserves the right to revise its prices. Credits shall always be invoiced on the basis of the applicable rate sheet at the time the order is recorded. However, if the rates are modified, the price of an Advertisement shall always be equal to one credit regardless of the latter’s purchase price. Before each credit purchase, the current rates shall be provided to the Subscriber in order to ensure the latter has been informed of any modification.

Invoicing:

Advertisement Placement Service invoicing shall be electronic. Invoices shall be sent to Subscribers for each new purchase upon order payment. The references provided for issuing the invoice shall be the Subscriber’s sole responsibility, if there is an error or change in the e-mail address for invoicing. If there is a change in the e-mail address, the Subscriber shall immediately modify its personal information.

Manitou BF or any subsidiary substituted therefor, in whole or in part, for operating the Service(s) reserves the right to cancel any Subscriber order if there is a payment dispute without the latter being capable of claiming any compensation whatsoever for any reason whatsoever.

The data recorded by the payment system shall constitute proof of the financial transactions

Manitou BF offers an optional rating service for the Equipment offered for sale by Subscribers. Such ratings consist of categorizing the Used Equipment’s status so that Internet Users may have a general idea of the machine’s status. 

In order to rate Used Equipment in an Advertisement, Subscribers must complete a training course provided by Manitou BF or any subsidiary substituted therefor except for the first level: Reference One. All attributions of a Rating to Equipment for sale must comply with Manitou BF’s requirements. 

Rating descriptions are available on the Website for informational purposes.

As long as the training course as not be completed, the Ratings Service shall not be available to Subscribers. Manitou BF, or any subsidiary substituted therefor, may, at any time, conduct a verification of the information included in the Advertisement. In cases of non-compliance, Manitou BF may suspend or prohibit access to the www.used.manitou.com website without giving rise to damages or claims for reimbursement by Subscribers.

Nevertheless, whether the Equipment is rated or not, Manitou BF shall not be deemed a stakeholder in the Used Equipment Sales Contract. Manitou BF shall not be held liable for statements regarding machine status or the rating associated with the Subscriber’s offer. The associated rating shall not be provided as a guarantee but only for informational purposes. Any contract signed through the www.used.manitou.com website shall be solely between the Purchaser and the Seller. Manitou BF shall only publish the Advertisement on its www.used.manitou.com

Subscribers shall ensure, among other things, that the information contained in the Advertisement:

• is not false, imprecise, or misleading; 

• is not fraudulent and does not involve the sale of counterfeit or stolen items; 

• does not contravene copyrights, patents, trademarks, industrial secrets, other intellectual property rights, or third party confidentiality or personal data protection rights; 

• does not contravene any law or regulation (including, without limitation, those governing export controls, consumer protection, unfair competition, discriminatory practices, or misleading advertising); 

• is not defamatory, denigrating, malicious, or slanderous; 

• does not include obscene or pornographic content; 

• does not contain viruses, computer code, files, or programs, intended to interrupt, damage, or surreptitiously intercept any computer system, data, or personal information.

Manitou BF reserves the right to purely and simply refuse, without specifying the reasons, an Advertisement whose nature, text, or presentation appears to contravene its moral or commercial interests, of which it shall be sole judge, without any other obligation than reimbursing any sums paid by Subscribers minus any costs paid by Manitou BF for publication.

Moreover, Subscribers shall guarantee, indemnify, and compensate Manitou BF for any damage, loss, loss of opportunity, legal proceeding, liability, and costs incurred if it is found liable with regards to a third party as a result of an Advertisement published in violation of the rules contained in the present General Terms and Conditions.

Users shall provide all assistance and cooperation in order to facilitate the execution of the services performed by Manitou BF.

Manitou BF shall provide a flexible, open-ended, renewable service.

Manitou BF shall respond, in so far as possible, to any request for information from Users.

Manitou BF may conduct any selective verifications regarding the truth of the information provided by the Subscriber without, nevertheless, being held liable for the truth of such information.

Manitou BF shall train its subscribers for optimal use of the services provided by the Subscription.

Subscribers hereby expressly acknowledge and accept that Manitou BF shall only be held liable, under the terms hereof, for a best effort obligation and that no one may guarantee the correct operation of the Internet as a whole. Manitou BF may not be held liable for any indirect, incidental, or ancillary damages directly or indirectly related to the use of the Services or the impossibility of using them, and in particular, delays, interruptions, or errors in transmission, loses, alterations, or disappearance of data, contamination by viruses, loss of profits, operating losses, or lost opportunity. Manitou BF provides Subscribers with the following contact information: used@manitou.com allowing Subscribers to provide notification of any event which may be deemed litigious of which they may become aware, or any remark which may provide for improving the Service. 

A Subscriber’s Subscription may only be terminated by sending a registered letter, return receipt requested to the following address: Service Marketing – 430 rue de l’Aubinière – 44158 Ancenis Cedex. No reimbursement may be claimed. 

The Subscription may also be terminated by Manitou BF, or any subsidiary substituted therefor, at any time should the Subscriber fail to perform one of its obligations hereunder or under the Specific Terms of Use for a service fifteen days after mailing a registered letter, return receipt requested, providing notification of the breach, such as abnormal or fraudulent use of the Service.

The Subscription’s termination shall remove access to the Services offered. 

Service suspension: Manitou BF, or any subsidiary substituted therefor, hereby reserves the right to suspend the Service in case of emergency, force majeure, or a serious violation of the Terms of Use.

For any information or questions, Manitou BF or Manitou Benelux Customer Service may be reached at the number indicated on the invoice sent to the Subscriber or by e-mail at used@manitou.com

Changes and Releases: Manitou BF reserves the right to change the Subscription General Terms and Conditions.

Contract transferability: Subscribers shall refrain from transferring all or part of the contract to a third-party without the prior express written agreement of Manitou BF or any subsidiary substituted therefor. 

Subcontracting: Manitou BF may call upon any subcontractors with regards to performing the Service without requesting the Subscribers’ agreement. 

Force majeure: Manitou BF or Manitou Benelux and any third party participating in providing the Service shall not be held liable in cases of impairments or delays in executing their obligations pursuant to the General Terms and Conditions, resulting from causes beyond their control, and in particular unforeseeable circumstances, force majeure, acts of civilian and military authorities, fires, flooding, earthquakes, riots, wars, acts of sabotage, network failures, electronic file coding errors, software limitations, the inability to obtain telecommunications services, or acts of government, in so far as the relevant parties make all due effort to attenuate the effects resulting from said situations. 

Applicable Law: The General Terms and Conditions, all acts and operations deriving from these presents as well as the rights and obligations of the Parties to these presents shall be governed and interpreted in accordance with French law.

Jurisdiction: Should the Parties be unable to settle their dispute regarding the execution or interpretation hereof or the execution of the Subscription related hereto within thirty (30) days following written notification addressed to one of the Parties by the other by registered letter, return receipt requested, the dispute shall be brought before the Commercial Court of Nantes.