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Terms And Conditions

Terms And Conditions


1. Generalities
Movership is owner to expand and to manage a platform of centralization to the data of the professional companies of the moving on a local scale, national and international aiming to optimize in cost and quantity the travels of these companies.
This platform centralizes the following data :
- Complete address and phone number of companies members
- Recording of the routes of companies and indication of the nature and the available volumes being able to be put in arrangement of to outsider companies
Any company of the sector of the moving regularly registered on the register of its siege can benefit from an access to this platform against payment of an annual fee.

2. Object of the contract
Under this contract, the company benefits from a regular access to the bank of datum with the aim of the organization of moving in association with the other companies members. The access right is not preferential right of access.

3. Access

The platform is accesible 24hours a day, except period of maintenance, repairing and optimization (Upgrading). On the other hand, for any information and/ or demand of assistance, the collaborators Movership are available on Monday to Friday from 7h30 to
18h00 only. The advisers Movership are not authorize to advise the members about their own computer system.

4. Ways of access

From his registration and the payment the user receives a procedure of access to te platform. The user accedes to the platform by his own informatique installation and by his own connections (phone connection and internet subsciption) ; the entry is not protected in the installations equip with previous version of Windows 7. In consequent, Movership shall not incur any responsabilities for the instalation and connection failures of the users.

5. Access right to the data and restriction

The user can register and attain, in principle, without limitation in the platform ; the use is limit to the seizure of given clean (respectable) and to the consultation of those of the other members. The user uses these data has purposes of development and of optimisation of his professional activity only ; that means, that the user of his data has purpose of use against the honest principle in commerciale material as well a in competion of advertising, recruitment of staff, establishment of statistics, competition are stricly forbidden.

6. Principle and amount of the fee
The access right and of use of the data centralize is subordinate to the preliminary payment of a periodic fee ; the period of fee is fix for a duration of one year. As a unique and exceptional title, the members registered for a period beginning with the launch of the platform and ending on December 31st, 2016 will be not subjected to the payment of a fee. From 1st January, 2017, the fee will be paid for a period of beginning year 1st January oft he calendar year and ending on December 31st o fit the same year. Movership reserves the right to increase oft he fee from years to years; any increase will belong notify tot he members before October 31st oft he period of current fee. For any membership occuring between January 1st and June 30th of the period of fee, the entire fee will be due; for any membership occuring between July 1st and December 31st oft he current year, a half-fee will be perceived. The fee is entirely due in case of temporary and/ or definitive suspension oft the access for violation of one of the clauses of the present genenral conditions. The interruption (s) of access because of maintenance, invoice of the fee is payable in the next thirty days the membership and beforehand in the previous thirty days the renewal of the period.

The amount of the annual fee is fixed to EUR 365 Free tax.

7. Rights and duties of the members

The present contract shall not confer some intellectual property in any way. The access right is limit in taking of the useful information(s). In peculiarity, the member is not authorize to transmit the data acquired on the platform on the others. In case of grouping of societies and/ or of company, the access right is limit to the society/ company written in the platform, for example, in case of grouping of three societies, three subscriptions are necessary.
The member undertakes irrevocably to respect the obligations ensuig from the present contract ; in particular, the member undertakes to supply exact information about his company name, his address, his representatives and his head office as well as all allowing information to develop its professional activity and to indicate any opposite behavior no ethics and without good faith. The member undertakes also to supply any news about his situation and his data. He agrees that the information about himself is kept by Movership during the time of his contract. Finally, the member agrees expressly that Movership can require some information about him to official organisms, authorities ; and special agencies in economics informations. The member undertakes to preserve a double of the data informations of Movership and indirect of the other members. Therefore, Movership incurs no responsability of the leader of the loss of these data.

8. Guarantees and responsabilities

Movership ensured that the platform is only intend to an appropriate utilisation. Movership doesn’t ensured the quality of the informations given by the members and doesn’t take the responsability if it is some wrong information. In the measure where the platform is only intended as a relationship of the members, Movership is not responsible of illegal actions facts and/ or mistakes doing by a member. Movership does not infer in the contract relationship made by them with Movership data base. Consequently, Movership is not responsible of contract violation doing by a member or co-member. However, Movership makes a commitment to immediately strike off of its files a member who makes a violation of these general conditions or if the member who makes a violation of these general conditions or if the member makes a non ethic commercial act. Movership is not responsible of the breakdown and dysfunction in computer installation of its members. Movership undertakes to use every useful means in computer security but Movership cannot guaranteed to its members of intrusions (like hair of Troy, virus and other illicit manipulations). It undertakes to do not say some informations to stranger of the platform to keep confidential. Movership is not responsible if some data are lost because of computer supports or servors. The member undertakes to often consult these general conditions so he recognize any changes if some come.

9. Membership and termination

The futur member register himself on the Movership platform by filling up the full electronic questionnaire which is submit to him. He becomes a member when he passes the require informations and when he approves these general conditions. Except particular case, the membership is granted for a falling duration 31 December of the current calendar year, the membership shall be automatically renew for a time of one year (from 1st January to 31 December) except termination come by writting and registered notify letter for an advance notice of two months, receive th 31st October of the current year by Movership. The fee is payable in 30 day following the registration on production of an invoice given by Movership and a one month fee (in advance) before the beginning of the renewal. Any violation of these instant ending of the membership without detriment of the complete payment of the fee.

10. Exceptional termination

Movership can procede to an immediate ending of the entry in these following cases:
Bankrupting of the membre
Violation of these general conditions
Unfair commercial behavior
Upper non-payment of 60 days after notification of a formal demand saying `the immediate termination without payment in 10 days following the notification of the putting lives`.

11. Termination

Movership practises the procedure of complaint. It means that Movership makes a commitment to register any complaint of a member against another member. In that specific case and if the complaint seems justified, it shall be sent to the denounce member to write a justification within 10 days (from the delay). In case of no justificatio and/or answer, Movership ask the member one more time. Any consecutive fault could take along the suspension and/or the termination of the access if grieve calls by the plaintive appears base. Movership does not remain been anxious to manage the complaints and to emit some decisions of them. Movership commit to not give any informations to others in personal reclamation procedure and Movership shall keep these informations confidential unless an legal authority ask them. Movership is not an arbitration authority, of jugement and/or of mediation. Nevertheless the procedure of reclamation, the responsability of Movership can not be to the plaintiff nor the betray person.

12. Application of present general conditions

The present general conditions are applicable to the members of their acceptance by them. The nullity of the one or other of the present clauses by virtue of a legislation not pulled the nullity of the other clauses. Movership reserved the right to modify any time the content of the present general conditions. However, only the modification of the amount of the fee will be subject to an electronic notification to be valid.

13. Applicable law and competence

The relation between Movership and his members are subjected to the Swiss law. The competence of the courts of the siege of Movership is expressly reserved.
Movership is a registered brand.


Crissier, July 2016

Contact

Movership - Elaia SA
Rue des Finettes 55,
1920 Martigny
Suisse
Tel : +41 27 346 00 60