These general terms and conditions of use in combination with currently applicable legislation govern access to and navigation on the website of MovingDealz LLC (hereinafter the “MovingDealz website”). Users are requested to read these general terms and conditions of use carefully before using the MovingDealz website. By using the MovingDealz website, users agree to be bound by the general terms and conditions of use as displayed on the site at the moment they access it. Failure to accept these terms and conditions will mean that use of the MovingDealz website is forbidden.
Within these general terms and conditions of use, “MovingDealz” shall refer to the MovingDealz Group, comprising MovingDealz International SA, its subsidiaries and other associated or contracting companies. These general terms and conditions of use shall apply alongside the general terms and conditions of sale, any specific terms and conditions and the purchase order covering the products and services offered by MovingDealz.
MovingDealz shall not be responsible for the correctness, exhaustiveness or up-to-date nature of the data and/or programs, information or content (the “Information”) available on the MovingDealz website. The Information is provided “as is” without any express or implied warranty, including but not limited to warranties as to the possibility of sale, fitness for purpose and absence of breach of the intellectual property of third parties.
Under no circumstances may MovingDealz or its associated companies be held liable for any direct, indirect, special, consequential or other loss or damage caused by the use of or reliance on the Information located on the MovingDealz website or on any other website to which that site forwards, including but not limited to failure to make a gain, interruption to business and loss of programs or other data, even where MovingDealz has expressly warned of the risk of such loss or damage.
Users shall be responsible for any content they place on the MovingDealz website.
Users undertake to refrain from placing any content on the MovingDealz website that:
- is liable to constitute a breach of public order or to breach legal provisions, including those against defamation, the protection of minors, and minorities;
- is pornographic or degrading in nature;
- breaches the rights of third parties, including any intellectual property rights, copyrights, or the right to privacy, or that belittles or denigrates the activities or reputation of an advertiser or of any company.
- MovingDealz may therefore not be held liable for the content of any messages or information posted by users or for the content of the information of third parties online, even if that information is accessible via the MovingDealz website. However, MovingDealz reserves the right (which it may exercise at its free and unfettered discretion) to examine, modify or delete any content that MovingDealz considers to be illegal, defamatory, derogatory, offensive or otherwise inappropriate.
- Via hypertext links or other links, users can access other websites that are not part of the MovingDealz website. MovingDealz may not be held liable and extends no warranty in respect of the websites that users can access from the MovingDealz website. By accessing a website that does not form part of the MovingDealz website, users acknowledge and accept that MovingDealz has no control over any content and information on that website. Users are responsible for protecting their computer equipment against viruses, worms Trojan horses and all other elements of a destructive nature.
- MovingDealz products and services, together with any content referred to on the MovingDealz website and all elements of the MovingDealz Group’s visual identity, are registered trademarks, protected by intellectual and industrial property rights held by MovingDealz or its associated companies. Similarly, the products, services and company names mentioned on the MovingDealz website are protected by intellectual and industrial property rights. These elements may not be used without the express written permission of MovingDealz.
- Gathering content and information from the MovingDealz website through the use of robots or any other means is prohibited.
- MovingDealz shall be entitled to modify these general terms and conditions of use at any time, without informing the user. The updated version of the general terms and conditions of use shall come into effect at the moment it is displayed on the MovingDealz website and users shall be deemed to have accepted the latest version displayed by virtue of using the MovingDealz website. Users therefore accept to consult the MovingDealz website on a regular basis. .
- The reproduction, modification or distribution of any or all of the MovingDealz website in any form and in any manner whatsoever is prohibited without the express, written permission of MovingDealz.
Creating a user account
Some sections of the MovingDealz website are accessible solely to users having created a user account to enable them to benefit from MovingDealz’ services. As part of the creation of their user account, users must provide a certain amount of information about themselves and must choose a username and password. Users undertake to provide full, accurate and up-to-date information, and to make any necessary modifications to that information to ensure it remains up-to-date. MovingDealz reserves the right to suspend or withhold permanently the use of MovingDealz services if any piece of information provided by a user proves to be inaccurate, incomplete or not up-to-date. Users are solely responsible for keeping their password confidential. Users acknowledge and accept that their account is strictly personal and that communicating their password to third parties is prohibited. Users are wholly liable for any use of their usernames and passwords, whether or not they have authorised that use. Users undertake to inform MovingDealz immediately of any unauthorised use of their usernames and passwords. If they fail to inform MovingDealz of this, they may access solely those parts of the MovingDealz website that do not require the creation of a user account.
Cookies & Form
Cookies: One or more “cookies” will be stored on the hard disk of all computers connected to the MovingDealz website. A “cookie” is a small file sent by a server consulted by a user and saved on the user’s hard disk.
The “cookies” sent by the MovingDealz website are not designed to identify the persons connecting to it. They save information about the navigation on the website made from the computer on which the “cookie” is stored. […] undertakes to use this information for statistical purposes only, including to determine MovingDealz’ website traffic. “Cookies” are in no way intended to be used to make use of nominative personal data concerning the persons connected to the website/the application.
In particular, we measure the number of pages viewed, the number of visits, and the activity of visitors on the website and their return frequency, via the internal solutions of MovingDealz and its partners. Persons connecting to the MovingDealz website may also elect not to have “cookies” stored on their hard disk by modifying the options of their software and their internet navigation on their computer:
Navigation with Internet Explorer 5 (Microsoft): Click on “Tools”, “Internet Options”, Security”, “Custom Level”; in the drop-down menu, go to “Cookies”, select “Allow cookies that are stored on your computer”; choose “Ask me” to be asked each time or “Deactivate” to refuse all cookies;
Navigation with Internet Explorer 6, 7 or 8 (Microsoft): Go to “Tools”, “Internet Options”, “Confidentiality”, and choose the level of confidentiality you require;
Navigation with Firefox: Click on “Tools”, “Options”. In “Privacy”, untick “Accept cookies”.
However, MovingDealz hereby informs subscribers to the services proposed via its website, as well as internet users, that if the browsers installed on their computers are configured to refuse “cookies”, access to some services may be impaired or even impossible.
Some pages of the MovingDealz website require personal identifying information to be communicated for the purpose of ordering a product or a service or for registering with MovingDealz. In this regard, users are encouraged to fill out a form on the MovingDealz website when creating their user account and return that form to MovingDealz via the website.
MovingDealz will collect this personal identifying information for the purpose of performing commercial transactions.
Description of MovingDealz’ services
The MovingDealz information service is a service providing information on companies. It is managed centrally by MovingDealz International Neuenschwander SA and comprises the communication of data and information on companies compiled and organised via a method designed by MovingDealz (hereinafter the “MovingDealz data”) together with other associated information and services. The MovingDealz information service is available in the “Directory” section acting as a search engine for the MovingDealz website. The MovingDealz information service includes information on the products and/or services of third parties and may grant access to information and services provided by third parties.
The order of indexing for the companies involved was compiled by MovingDealz via its nomenclature. This nomenclature is the exclusive property of MovingDealz S.A. and is available in over 60 countries and in 24 languages.
In addition to the corporate indexing service, the MovingDealz package also provides access to advertising/visibility services. MovingDealz markets its advertising space either on its own behalf or via a Real Media distribution partner.
Moreover, MovingDealz is attached to the Google media sales house, with the latter managing and distributing AdWords and Google Display campaigns on behalf of third parties with a MovingDealz account.
Finally, the MovingDealz package makes it possible to purchase and subscribe to data packages including data extraction as part of its canvassing solution using the EasyBusiness tool, as well as to access direct marketing solutions.
MovingDealz grants the User a personal, non-exclusive and non-transferrable licence (hereinafter the “Licence”) to use the EasyBusiness service package and to consult the data of MovingDealz for internal purposes only in accordance with the provisions of these general terms and conditions of use and the general terms and conditions of sale. Users may not transfer, code, grant sublicenses or transmit in any other manner the rights granted to them under these general terms and conditions of use and the general terms and conditions of sale, and in particular, users must not allow any person (with the exception of duly authorised employees, where the user is a legal person or a commercial association)to use or consult the data of MovingDealz without obtaining the prior written permission of MovingDealz or the MovingDealz franchise/partner concerned. Any requests for information on multiple or joint use must be sent to MovingDealz or to the MovingDealz franchise/partner concerned.
Users acknowledge that the data of MovingDealz constitutes a rich ensemble of information and the copyrights, trademarks and all other intellectual and industrial property rights in MovingDealz services and MovingDealz data remain the property of MovingDealz or of its franchises/partners, as appropriate, or of third parties for content provided by such third parties. User may not modify or delete the symbols for copyright or other identifying marks taken from the MovingDealz visual identity, or any information concerning property rights to MovingDealz data.
The MovingDealz brand and the MovingDealz logo are registered trademarks and must not under any circumstances be reproduced without the express written permission of MovingDealz.
Except where legally permissible, users must not decompile, disassemble, change or modify any software in full or in part that is accessible via or pertains to MovingDealz services.
MovingDealz information sources
MovingDealz invests in data collection every year. Our main sources of information are the owners or managers of companies and public registers such as trade and companies registers, courts and bankruptcy registers.
MovingDealz data protection
MovingDealz is governed by local legislation concerning MovingDealz data protection and the regulatory authorities of the countries in which we operate. We have appointed a MovingDealz data protection officer for each country and for each market. The responsibilities of this data protection officer include monitoring conforming and drawing up procedures, as well as acting as privileged contacts with local authorities to ensure the protection of MovingDealz data.
MovingDealz data quality
MovingDealz takes adequate measures to guarantee the quality of its service, including contacting companies directly and performing a quality control process when gathering MovingDealz data, above and beyond the quality control at the end of the collection process.
MovingDealz has a company policy and written procedures governing the gathering, reliability, quality, updating and communication to third parties of MovingDealz data. Our employees are governed by strict confidentiality rules. MovingDealz also places great stead in the professional secrecy to which some professions are subjected.
Procedure for access and correction by companies
Where the owner or manager of a company contacts MovingDealz regarding a potential error in MovingDealz data, we will act quickly to correct that error or misleading information as soon as we are informed of it.
Companies may have the information concerning them stricken from the company marketing lists published by MovingDealz. This deletion must be requested in writing by a duly-authorised representative. For any such requests, please contact our Customer Service by e-mail at the following address: info@MovingDealz.com.
Data protection and Freedoms
In accordance with Law 78-17 of 16 June 1978 as amended on data protection, files and freedoms, real persons shall have the right to access, oppose and amend data and information concerning them by contacting our department at the following address: info@MovingDealz.com.
MovingDealz gathers information and date on real persons as part of the creation of user accounts, for sales administration purposes.
Personal data collected as part of the creation of CLIENT user accounts for sales administration purposes may be used by MovingDealz and its partners for commercial purposes, within the limits imposed by applicable legislation, such as by informing you of new products and services from MovingDealz and/or its affiliated companies or of any change to existing products and services. Any real persons concerned may exercise their right to object to their data being used for canvassing purposes at any time by contacting the department stipulated in the paragraph above.
Subscribing to paid services and payment
In order to benefit from MovingDealz’ paid service, users must log in to their user account, select the packages they require and fill in the subscription form.
Subscriptions can be taken out for semi annual or annual services (depending on the option chosen in the subscription form the user fills out). Semi annual and annual subscriptions are renewable tacitly for periods of the same duration, until the service is terminated in accordance with the conditions set out in the general terms and conditions of sale.
Payment for the service is done automatically via a secure solution (System pay) and all invoices issued can be viewed in the user’s user account.
If users subscribe to access to paid services, they must agree to the MovingDealz general terms and conditions of sale.
Warning concerning the products and services presented on the MovingDealz website
Access to the products and services described on the MovingDealz website may be subject to restrictions governing certain persons or in certain countries. None of the products or services presented on the MovingDealz website will be provided by MovingDealz to a person if the law of that person’s country of origin, or of any other country affecting them, forbids it. Users are requested to ensure that they are legally entitled to connect to this website in the country from which their connection is made.