Thank you for visiting the MOBILITY INNOVATION MARKETPLACE (the "Marketplace"), a platform offered by the EIT URBAN MOBILITY that promotes the dissemination of innovative products and services focused on the urban mobility sector.
The Marketplace intends to be an online B2B site where stakeholders of the urban mobility sector can showcase their mobility-related products and services to potential visitors and registered users (the "Opportunities") and it is not intended for consumers.
The Marketplace is made available to visitors so that they can, at their own risk and criteria, navigate through the site and find information about services, insight articles, city challenges provided by EIT Urban Mobility as well as information about products and best practices provided by Registered Users of the site.
The content provided herein sets forth the terms and conditions governing visitors’ (the “Non-registered User(s)”) and registered users’ (the "Registered User(s)") use the site and other services provided by the Marketplace (collectively referred to as our "Marketplace Services"). Non-registered Users and Registered Users shall be collectively referred to as “User(s)”.
In these terms and conditions (the "Terms and Conditions"), you will find information regarding; (i) How the Marketplace works and how to use it (ii) how we protect your privacy and data; (iii) what you can and cannot do, and; (vi) how we manage User accounts. Therefore, before using any of our Marketplace Services, please read these terms and conditions that are relevant to you so that you understand your legal rights and obligations, as well as the conditions, limitations and exclusions that apply to you.
By using any of our Marketplace Services (including browsing through our website), you agree to comply with all of these Terms and Conditions, which will give rise to a contract between you and the EIT UM (the "Agreement"). The formalities for entering into the Agreement are as follows:
- The contracting process is concluded by using the Marketplace and/or creating a User account.
- Archiving and accessibility of the electronic document: we archive the electronic document in which the Agreement is formalized. You can access it and we will provide it to you upon request by sending an email to the address that appears as contact in the following section, called "Identification”.
- Identifying and correction of errors in the introduction of data: our procedure to create a User account allows you to check and correct errors by sending an email to the address mentioned in Section 2.
The Marketplace is offered by EIT KIC Urban Mobility, S.L., (“EIT UM”, “we”, “us”) established in “Ca l’Alier”, Pere IV, 362, Barcelona 08019, Spain, VAT number B67513630, registered within the Companies House of Barcelona at Volume 47,116, Sheet 96, Page B-541,668, Inscription 1.
If you wish to contact us, the Marketplace, our e-mail address is: email@example.com.
This document establishes the conditions under which the Marketplace makes available to Non-Registered and Registered Users different Opportunities offered by different Registered Users whom you can contact directly through the site.
4. Operations of the Marketplace
The Marketplace provides different functionalities such as: (i) Account Creation (as described in section 5 below); (ii) Content Creation (as described in section 6.1 below); (iii) Subscription to Newsletter (as described in section 7 below), and; (iv) Contact messages (as described in section 8 below).
The Marketplace allows Users to consult and contact directly with the Opportunities created by other Registered Users through the present Marketplace site. The transactions made through the Marketplace are concluded directly between the Registered Users, in compliance with the precepts and other legal requirements in force at any time, and without the involvement of EIT UM. The Marketplace does not assume the position of an agent/distributor/representative of the Registered Users offering Opportunities, nor of reseller of the same offered by the Registered Users through the Marketplace.
The Opportunities advertised in the Marketplace are the sole responsibility of the Registered Users, especially with regard to their ownership, quality, safety, origin, guarantee and compliance with the applicable legislation.
5. Account Creation & User access
The Marketplace provides information without the prior requirement of registration. However, some of the Opportunities and information are only intended for Registered Users and become only accessible once they have logged in to their personal Marketplace account (the “Account”).
To do so, Non-registered Users must create an account using their email address and a password. Users agree to enter true, accurate and updated information as part of the account creation process.
The relevant identifiers, for which Registered Users shall be responsible at all times, must be entered at the time of opening a session and Registered Users must not under any circumstances disclose them or allow them to be used by third parties. Registered Users undertake not to create or use accounts other than the account they initially created, whether under their own identity or that of a third party.
Registered Users undertake to inform the Marketplace of any fraudulent use of their identifier and/or password by a third party, as soon as they become aware of it, through an e-mail to EIT UM, as provided in Section 2. Registered Users agree to hold EIT UM harmless in the event that the Marketplace or third parties suffers any damage or harm or incurs any expense as a result of another person's access to a Registered User's Account information on the Marketplace Services.
Moreover, Registered Users will be able to submit Opportunities to the Marketplace once they have their account profile completed with all the information there requested (cf. 6. Content).
The Marketplace reserves the right to restrict and suspend any Registered User's access to the Marketplace at its sole discretion.
6.1 Content Creation
Registered Users, who have completed the information requested in their Account profile, may submit information for publication to the EIT UM for review and, if the review results in a positive evaluation, the information provided by the Registered User is published on the Marketplace as an Opportunity.
When providing content while using our Marketplace Services, Registered Users grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any intellectual property rights they have in that content in connection with the promotion of the Marketplace Services.
The Marketplace respects the intellectual, industrial and similar property rights of third parties and, consequently, prohibits the Registered Users of our Marketplace Services to reproduce, distribute, communicate publicly, make available, transform, download, or transmit in any other way any element that infringes third parties' rights.
The Registered Users will indemnify EIT UM against any third-party claim related to her/his contents and Opportunities as part of the Marketplace Services.
The Registered User must have enough legal capacity to enter into binding contracts related to the uploaded Opportunity.
By submitting information, as part of the Content Creation process, the Registered User, accepts to be contacted by EIT UM and to receive contact messages by other Users through the Marketplace (cf. 8. Contact Messages).
6.2 Non validation of the Content by Marketplace
EIT UM has no control over the accuracy or correctness of any of the Opportunities developed by Registered Users or third-party content developed and/or uploaded to our Marketplace nor any obligation to verify and confirm the correctness the content of such Opportunities or any other content posted on its Marketplace Services.
The Marketplace shall at all times act as a servant and hereby disclaims any responsibility or liability for any content, data or Opportunity uploaded or included by Registered Users.
In addition, although Marketplace attempts to provide reliable data, it cannot promise that the Opportunities and content provided through the same will always be available, accurate, complete and up to date. Registered Users therefore agree not to hold the Marketplace nor the EIT UM responsible for any inaccuracies that may appear in the content and/or Opportunities provided and acknowledge that the Marketplace is not responsible for examining or guaranteeing the content and/or Opportunities provided.
In this regard, Registered Users represent and warrant that: (i) for all such content provided , they own or otherwise control all necessary rights to do so and meet obligations under this Agreement; (ii) the content of such Opportunities or other content is accurate and truthful; (iii) the use of any such content and Opportunities (including derivative works) by Marketplace, Registered Users, or other in contract with us, and in compliance with this Agreement, does not and will not infringe any rights of any third party, whereby you are guaranteed peaceful use under the terms of the Agreement.
Marketplace will have the right to remove any Opportunity or content in case of violation of the rights of a third party of these Terms and Conditions and/or in case of breach of its legal obligations and shall also have the right to approve and publish or reject and take down content submitted by a Registered User, at its sole discretion, based on its own evaluation criteria defined by the EIT UM.
Marketplace takes no responsibility and assumes no liability for any content provided by Registered Users or any third party.
6.3 Notification of Unlawful Content or Infringement of Intellectual Property Rights
If Registered Users believe that their intellectual property rights have been infringed, please provide Marketplace with written notice of same to the email provided in Section 2 with the following information:
- Identification of the works claimed to have been infringed.
- Any supporting documentation as, for instance, registered intellectual property rights.
Marketplace will, upon receipt of a notice may act but it is not obliged to remove the allegedly offending content or disable public access to same.
7. Subscription to Newsletter
With regard to Registered Users, Marketplace may send, according to the legitimate interest offered by the Law of Information Society Services and Electronic Commerce (“LSSICE”), our Newsletter and e-mails which may contain invitations to events, trade fairs, news, etc.
In relation to Non-Registered Users, we may send to them our Newsletter and e-mails which may contain invitations to events, trade fairs, news etc., only if they haven given to us their prior consent.
Any User can contact other Registered User and Marketplace administrator by completing the Marketplace's contact form. Users agree to enter true, accurate and updated information when making use of the contact message form.
9. Exclusion of Liability
Neither the Marketplace nor EIT UM are the owners of any of the Opportunities offered in its Marketplace Services (this does not refer to the website area identified as “Our Services”), and therefore, is not a party in the eventual contracting transaction that may take place between Registered Users, nor reviews, tests, analyses, endorses, recommends or validates the Opportunities that the Registered Users offer through the Marketplace Services, so neither the Marketplace nor the EIT UM will be liable, neither directly, nor indirectly, nor subsidiarily for the damages of any nature derived from the use and contracting of the Opportunities of the Registered Users, as well as for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the same.
By way of example, and in no case limited, neither the Marketplace nor the EIT UM will not be liable for the damages of any nature derived from:
- The use that the Registered Users make of the Opportunities offered through the Marketplace Services
- The contents, information, opinions and manifestations of any User or third parties related to the Opportunities, which are communicated or exhibited through the Marketplace Services
The possible loss of Registered Users’ data due to causes not attributable to the Marketplace Services
The access of under-age children to the contents included in the Marketplace Services
The unavailability, errors, access failures and lack of continuity of the Marketplace Services
The failures or incidences that may occur in the communications, deletion or incomplete transmissions of the Opportunities
The EIT UM will only and exclusively answer to Registered Users for the Marketplace Services that it provides by itself and for the contents directly originated, being limited, as a maximum, to the amount of the Fees (as described in section 7 below) collected directly from the Registered Users, with exclusion in any case of liability for indirect damages or loss of profits.
Any claim or dispute that may arise between Users of the Marketplace Services shall be settled between them, being obliged to hold Marketplace completely harmless, notwithstanding which Marketplace will make its best efforts to provide Users with a prompt and satisfactory solution.
The use of the Marketplace Services is free of charge. The Opportunities accepted by EIT UM have no initial expiration date.
EIT UM reserves the right to add a fee to the Marketplace Services in the future. Any future fees will be communicated to Registered Users thirty (30) days in advance before the change in fee conditions. At that time, the Registered User will be provided with the updated fees and shall accept those if she/he intends to continue using the respective Marketplace Services. In case the fees are not accepted by the Registered Used, the Marketplace may remove the uploaded content.
11. Ethics and Commitment
In order to provide a safe space for innovation and collaboration on our Marketplace, we are expecting professional, responsible and respectful behaviour by all Users to help ensure a safe environment with trustworthy Opportunities: be excellent to each other, show empathy, and help make this a safe space to explore equitable solutions for a better urban mobility future.
Therefore, the rules set out below must be followed, so as not to cause any harm to others. To that end, you agree to (the "Eligibility Requirements"):
- Linking on behalf of and/or representing private companies or public entities in which you are not employed or to which you do not belong
- Publishing false, inaccurate, misleading, defamatory or libellous content
- Posting, listing or creating content or Opportunities in inappropriate categories or areas of the Marketplace
- Violating or circumventing any law, third party rights or our legal terms or policies, or those relating to your User Account
- Using our Marketplace Services without lawful authority or having been suspended, temporarily or indefinitely, from using our Marketplace Services or having been denied, temporarily or indefinitely, access to your user account
- Manipulating any content of the Marketplace for which you are not expressly authorised
- Collecting information about Users without their prior consent
- Transferring your registration account and User ID to a third party without having acquired our prior express written consent
- Distributing or publishing viruses, spam, unsolicited or bulk electronic communications or making use of any other technology that may harm the Marketplace or the interests and/or property of Users
- Infringing intellectual and industrial property rights and others of a similar nature
- Commercialising any Marketplace Service or any associated content without having acquired our prior express written consent
- Providing the content of the Opportunities advertised and offered with due truthfulness and accuracy
- The content of Marketplace's policies and applicable laws, if any
Acknowledge and authorise Marketplace to:
- Review the advertised Opportunities for the purpose of completing, deleting or correcting the information provided therein
- Provide optional recommendations for consideration in creating content and/or Opportunities, which may be based on aggregate visits and performance history of similar Opportunities. To enhance the recommendation experience, you agree that Marketplace may display the page impressions and performance history of your advertised Opportunities, including your data, to other Users
- Respect our intellectual property rights
By using Marketplace, you represent and warrant that you comply with the Eligibility Requirements set forth above and that you will not use the Marketplace in any manner that may violate any applicable law or regulation.
Marketplace Users violating these rules may be sanctioned or expelled from the Marketplace without a refund at the discretion of the Marketplace administrator, and appropriate legal action will be taken against violators where applicable.
The Marketplace reserves the right to modify the content of these terms and conditions at any time and to close any User Account at its sole discretion.
Marketplace owns and uses its own trademarks. These trademarks may not be reproduced or otherwise used or distributed without the prior written permission of EIT UM.
The copyright and all other rights in all of the materials included in the Marketplace are owned by EIT UM or the materials are used with the permission of the rights owner. All rights are reserved.
o part of the Marketplace may be used, adapted, reproduced, distributed, communicated without prior written permission from EIT UM.
Users must ensure that the data they provide during the registration process are correctly entered, truthful and accurate. Marketplace declares that the personal data of Users obtained through their use of the Marketplace Services will be processed in accordance with the applicable Spanish and European laws, and in accordance with the principles of good faith, legality, transparency and confidentiality.
If Marketplace provides you with information about another User, you agree that you will use the information only for the purposes for which it has been provided to you. You may not assign, disclose, sell or distribute a User's information to a third party unless you obtain the express written consent of the specific User.
Neither Party shall assign, transfer, charge or deal with, in any manner whatsoever, the benefit of, or any rights or interests arising under this Agreement, except with the prior express written consent of the other Party.
All communications, notices or representations shall be sent by e-mail to the address set out in paragraph 2 of this Agreement.
13.3 Partial invalidity
If any provision of this Agreement is declared wholly or partially invalid or unenforceable, such invalidity or unenforceability shall only affect that provision or that part of it which is invalid or unenforceable, and the Agreement shall survive in all other respects, such provision or part of it being deemed not to be included.
13.4 Subsequent amendments
Any acts inconsistent with or tacit or express acquiescence in such acts shall not alter or modify the terms of this Agreement unless otherwise agreed in writing.
The Agreement is drawn up in English.
14. Applicable Law and Competent Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with Spanish law, and any dispute relating to these Terms and Conditions shall be subject to the jurisdiction of the Courts and Tribunals of the City of Barcelona, Spain.
These Terms & Conditions have been updated: 25/10/2021