Terms of services
The Simpplier website, accessible at the address https://www.simpplier.com , is published by Simpplier SAS registered in France under number 884 619 362 R.C.S. Paris, domiciled at 10 rue du Colisée, 75008 Paris. Email : firstname.lastname@example.org. Phone : + 33 6 81 96 22 16
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
THE SITE COMPRISE AN ONLINE PLATFORM THROUGH WHICH A SUPPLIER MAY PROPOSE LISTINGS FOR CONNECTIONS AND BUYERS MAY LEARN ABOUT AND REQUEST FOR SOURCING FROM THE SUPPLIERS. YOU UNDERSTAND AND AGREE THAT SIMPPLIER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BUYERS AND SUPPLIERS, NOR IS SIMPPLIER AN AGENT OR BROKER. SIMPPLIER HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, BUYERS AND OTHER USERS OF THE SITE OR ANY SALE AND PURCHASE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Simpplier, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Simpplier is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
“Simpplier Content” shall mean the Site, and all content, information, texts, images, links, and other materials displayed or made available on the Site, and all files within and attachments transmitted through the Site and all data within such files and attachments.
“Buyer” means the user who signs up as a buyer will be regarded as a prospective buyer or current buyer regardless of closing an actual purchase.
“Supplier” means the user who signs up as a supplier and lists their products. The action of listing their products will be regarded as a formal request for selling their products.
“Member” means all kinds of users who sign-up Simpplier.
“Member Contents” means all kinds of contents that the Member submit, list, input, and/or upload to Simpplier website.
“Listing” means an item or product that is listed by a Supplier with information of specifications and price quotations as available for sales, including photos and product specialties.
“Introduced Supplier” means a Supplier that is introduced by the Company to a Buyer.
“Transaction” means any or all the activities relating to sales and purchase of goods between the Supplier(s) and Buyer(s). It also includes, but is not limited to, exchanging samples, negotiating prices, receiving catalogues, visiting the site of the buyer or supplier, and making an agreement.
“Transaction Amount” means the total amount of the Transaction in aggregate.
“Collective Content” means Member Content and Simpplier Content.
The Buyer and the Company are sometimes individually referred to as a “Party” and sometimes collectively as “Parties.” Buyers are sometimes referred to as a “Receiving party” with regard to confidential information that will be received from the Company. Transaction Parties means both the Supplier and Buyers.
Entire Agreement: This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of Services by the Company to the Buyer, contains all of the agreements between the parties with respect to the rendering of such service, and governs any Schedules subsequently entered into between the Buyer and the Company. Both parties agree that no representations, inducements, promises, or agreements (oral or otherwise) have been made by any party or anyone acting on behalf of any party, which are not embodied herein; and that no other agreement, statement, or promise not contained herein shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by both parties. Should there be a conflict between the terms and conditions expressed herein and any Schedule(s) relating to this Agreement, then the terms and conditions detailed in the relevant Schedule will prevail.
This Agreement shall be governed by the laws of France without regard to conflicts of laws. The parties hereto agree that any dispute or controversy arising out of, relating to or concerning any interpretation, construction, performance or breach of this Agreement, shall be settled by arbitration to be held in Paris. The Arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Site in any manner, and each of your heirs, assigns, and successors. If you use the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the Site and Collective Content. In connection with your use of the Site, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Collective Content;
- use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access or use any information contained on the Site or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use our Site or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- register for more than one Simpplier Account or register for an Simpplier Account on behalf of an individual other than yourself;
- recruit or otherwise solicit any Finder or other Member to join third-party services or websites that are competitive to Simpplier, without Simpplier’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site or Collective Content;
- use the Site or Collective Content to find a buyer or supplier, in order to circumvent the obligation to pay any Service Fees related to Simpplier’s provision of the Services or for any other reasons;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Collective Content, or any individual element within the Site or Collective Content, Simpplier’s name, any Simpplier trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without Simpplier’s express written consent;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Simpplier or any of Simpplier’s providers or any other third party (including another user) to protect the Site or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Simpplier has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Simpplier may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Simpplier or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iii) protect the rights, property or safety of Simpplier, its users, or members of the public. You acknowledge that Simpplier has no obligation to monitor your access to or use of the Site or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Simpplier reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Simpplier, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
Accuracy of data
While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy and completeness of the material on the Site. We may make changes to the material on the Site, at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material.
The prices mentioned on the Site are reference prices subject to frequent changes. These prices always exclude all taxes and VAT.
Exclusion of representation and warranties
Information displayed on the Site may be from a variety of sources. All data and/or information (including Collective Content) contained in the Site is provided for informational purposes only.
This Website and the Collective Content are made available “as is” and “as available”, without any representation or warranty of any kind, whether express, implied or statutory, given by Simpplier and/or other relevant members of Simpplier in conjunction with the Site and the Collective Content, including but not limited to:
- a description or reference to a product or service in the Site (including any description or reference via hyperlink) does not imply endorsement by Simpplier and/or other relevant members of Simpplier of that product or service;
- Simpplier and/or other relevant members of Simpplier do not make any representation or warranty as to the quality, accuracy, reliability, currency, suitability or lack of defects or deficiencies of any third party websites, third party information, data, instructions, functionalities, features, services, products or other content (whether provided or offered in or through such third party websites or in or through the Site) and Third Party Content;
- Simpplier and/or other relevant members of Simpplier shall not be liable or responsible for any defects, deficiencies, errors, omissions or inaccuracies or any delays, defamation, libel, slander, misrepresentation, falsehood, obscenity, pornography, profanity, or any other objectionable, offensive, indecent or illegal material contained in any third party websites, third party information, data, instructions, functionalities, features, services, products or other content (whether provided or offered in or through such third party websites or in or through the Site) and Third Party Content; and
- any representation or warranty that the Site and/or any of the Collective Content will be provided uninterrupted, secure or free from errors, omissions, computer viruses or other malicious, destructive or corrupting code, agent, program or macros, or that any identified defect will be corrected;
- any representation or warranty of the security of any Collective Content transmitted by or to Users through the Site;
- any representation or warranty that the Collective Content transmitted or received through the Site by Users will not be accessed by unauthorized third parties and/or disclosed by Simpplier and/or other relevant members of Simpplier or their directors, officers, employees, representatives or agents to third parties purporting to be such Users or purporting to act under such Users’ authority (and Simpplier and/or other relevant members of Simpplier neither endorse nor assume any responsibility for the contents of such Users’ transmissions or communications through the Site and such Users are solely responsible therefor); and
- all representations and/or warranties, to the extent capable of being excluded under applicable law, are hereby expressly excluded by Simpplier and/or other relevant members of Simpplier, their licensors, dealers, distributors, representatives, agents, directors, officers and employees, and all third parties (if any) involved in the creation, production or delivery of the Site and/or any of the Collective Content.
In particular, but without prejudice to the generality of the foregoing, Simpplier and/or other relevant members of Simpplier, their licensors, dealers, distributors, representatives, agents, directors, officers and employees, and all third parties (if any) involved in the creation, production or delivery of the Site and/or the Collective Content, make no representations or warranties as to (and Users assume the entire risk as to):
- anything contained in, the performance of, or the results that may be obtained by using, the Site or any of the Collective Content;
- the consequences in connection with the downloading, installing or using of any of the Collective Content transmitted through the Site;
- the quality, accuracy, reliability or suitability for any purpose whatsoever of the Site or any of the Collective Content; and
- the standing, credit or otherwise of any person or entity mentioned in the Site or in any of the Collective Content.