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Welcome to the Banco BPM YouLounge Trade Club (also called YouLounge), an online service offered to you by Banco BPM.
YouLounge is a networking platform allowing business clients of Banco BPM to connect with one another or with business clients from other connected banks. YouLounge connects with trade clubs of other banks to form the trade club alliance.
The platform running both solutions is developed, maintained and powered by third party service providers.
Please note that access to the Website and registration as further defined and described hereinafter is subject to approval by Banco BPM.
Applicable Laws: means all national, provincial, local and municipal legislation or subordinate legislation, ordinances, regulations, by-laws, rules and/or other laws of any relevant Regulatory Authority and any other instrument having the force of law as may be issued and in force from time to time as well as common law, all as relating to or connected with the activities contemplated under this Agreement and as updated from time to time;
Affiliates: means in relation to Banco BPM, a subsidiary or a holding company of that Party, or any subsidiary of the holding company and all of its subsidiaries;
Business Card: A business card presents the key details of a Company in the directory listing pages of YouLounge. The Community Manager can edit or remove elements from the business card as deemed necessary.
Business Card Data: Users fill in forms, post links and upload files to create or amend the extended Business Card of their Company in YouLounge; these constitute the Business Card Data. The extended Business Card is made available by clicking on "discover more" on the Business Card. It shows all details available about a Company. The Community Manager can edit or remove elements from the extended Business Card as deemed necessary.
Community Manager: The Community Manager has the position of building, growing and managing the online community of YouLounge. This service is performed in English.
Company: Users list their Company in YouLounge. There might be several Users for one Company. These users will be nominated by a person who has a related party relationship on a business account with the bank
Content: means Business Card Data, User Messages, or any other type of content posted on YouLounge and all communications of/between Users constitute the Content of YouLounge. For the sake of clarity, any reference to content of the website, hereinafter, includes Content unless otherwise specified or otherwise required in the light of the specific context.
EE or Export Enterprises: Export Entreprises SA, Société Anonyme with capital of EUR 1.000.370 with headquarters at 1, rue de Stockholm - Paris. Registered with the RCS Paris under the SIREN No: 950571224.
Group means Banco BPM and any of its Affiliates, as constituted on the Effective Date and as amended or reconstituted from time to time.
Banco BPM : BANCO BPM GRUPPO BANCARIO with registered office at Piazza F. Meda, 4 – 20121 Milano– Italy.
YouLounge : YouLounge is a website, developed and operated by EE for Banco BPM, offering a community based solution to business customers of Banco BPM . YouLounge gives access to communities of other Banks that also make use of the "Trade Club" white labeled platform solution offered by EE under their own brands.
Opportunities: YouLounge has an automatic matchmaking script that selects possible counterparts for a Company, based on products traded and topics of interest. This automatic selection is named "Opportunities". The Community Manager can select and feature possible Opportunities for a Company, based on products traded and topics of interest. This manual selection is named "Selected Opportunities".
Personal Information: means information about an identifiable, natural person and where applicable, a juristic person, including, but not limited to information about: race; gender; sex; pregnancy; marital status; nationality; ethnic or social origin; colour; sexual orientation; age; physical or mental health; well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial, criminal or employment history; any identifying number, symbol, e-mail, postal or physical address, telephone number; location; any online identifier; any other particular assignment of the person; biometric information; personal opinions, views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
Process: means any operation or activity or any set of operations, whether or not by automatic means, concerning Data, including its collection, receipt, recording, organization, collation, storage, updating or modification, merging, linking, blocking, degradation, erasure or destruction retrieval, alteration, consultation, testing or use, dissemination or distribution by any means and "Processing” shall have a corresponding meaning;
User: natural person who is a registered user of YouLounge and who has created a Business Card. A user acts on behalf and for account of his or her Company. Unless otherwise specified or otherwise required in the light of the specific context, any reference to "you" or "User" should be read as a reference to the relevant Company.
User's Message: A communication sent from one User to another User in YouLounge .
Website: Means the web based platform encompassing YouLounge. Users can login to this platform with their UserID and can access the services.
B. TERMINATION OF USER'S OR COMPANY'S ACCOUNT AND ACCESS
The termination of any User's access to the Website may be effected without notice and, on such termination, Banco BPM may immediately deactivate or delete said User's account and/or bar any further access.
The user will have access to the site for as long as their account/s remain active and their KYC status remains complaint. Any deviation from the above will result in termination of the service without prior notice.
Banco BPM retains the right, at its sole discretion, to terminate a Company's access to the Website. This termination will be effected with a one month's notice without the need to provide any reason. Upon expiry of this period, the access of each User acting on behalf of the Company will be terminated.
Banco BPM shall not be liable to any User, Company or other third party for any termination hereunder.
A User's request for termination will result in deactivation but not necessarily deletion of the account.
In case of termination of an access for whatever reason, Banco BPM reserves the right to delete, or not delete, a User's account at its sole discretion, as well as to delete, or not delete, Content at its sole discretion.
Banco BPM shall be responsible for the control of the Personal Information on YouLounge. When accessing the Website, the User's Personal Information is necessary for the provision of the services offered through the platform. The Personal Information will be Processed for the purpose of registration of User ID’s, customization and administration of the services, notification of opportunities for User’s Company and information about related banking services. The Processed Personal Information includes the User’s Company information.
Other Users and other banks that are connected to YouLounge will not receive User’s Personal Information unless the User shares the Personal Information themselves or an opportunity match is made.
Users consent to Banco BPM collecting their Personal Information from users and where lawful and reasonable, from public sources for fraud and compliance purposes, as well as the purposes set out below.
If a User gives Banco BPM Personal Information about or on behalf of another person (including, but not limited to shareholders, principal executive officers, trustees and beneficiaries), the User confirms that he/she is authorized to: (a) give Banco BPM the Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically any cross-border transfer of Personal Information into and outside the country where the products or services are provided; and (c) receive any privacy notices on their behalf.
Users further consent to Banco BPM Processing their Personal Information:
More information on how Banco BPM processes Personal Information, is available in the Banco BPM Privacy Statements which are available on the Group’s website or on request.
If you are unsure about your tax or legal position because your Personal Information is Processed in countries other than where you live, you should get independent advice.
Any information on this Website, unless explicitly stated, does not constitute an offer, solicitation to conclude a contract, or a binding obligation, by Banco BPM and is not a recommendation or specification for import / export transactions by a Company. The information is not to be considered or used as professional advice from Banco BPM and does not take into account the individual requirements of the Company or User.
Any services accessible via or through the Website are offered by Banco BPM. Banco BPM expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, Banco BPM makes no warranty and assumes no liability that:
Banco BPM can't be held liable for any damage (direct or indirect) suffered by a User or a Company as a result of or caused by, or by the use or consultation of, any goods, products, services, information or other material offered through or via the Website.
Although the information presented on the Website is updated, the content is not exhaustive and is not to be regarded as exhaustive. The material contained in the Website should be considered "as described", with the possible consequence that it is inappropriate and/or not adequate for the Company's and/or User's specific needs and interests.
Therefore Banco BPM does not guarantee the reliability of the information contained in the Website and cannot be held accountable for:
Hyperlinks with Internet presence of third-party right holders, for example third party websites, may also be on the Website, regardless of the entity placing such links. In such a case, the hyperlinks have the sole function of facilitating Users to navigate, without the content of the Website and the information presented on the homepage of the third-party website being related, and therefore are entirely outside the area of responsibility of Banco BPM . In addition, the presence of such links may not be taken as an indication or recommendation of Banco BPM to visit the linked web pages in any way. In this context it should be noted that Banco BPM does not control such websites or the information on these websites display, with the result that Banco BPM cannot be held liable in any way for the content, regulations, truth, accuracy and adequacy of the materials, information or the services presented on these third-party pages.
Users take full responsibility for information they may share directly with other Users without Banco BPM ’s consent. The User indemnify Banco BPM against any claim and damages which Banco BPM may suffer in respect of information shared with other Users outside the paramaters of YouLounge .
Banco BPM owns all intellectual property, proprietary information and/or content published on or in relation to the Website.
All trade marks, domain names, business names, company names, logos, devises, inscriptions, word marks and/or any other form of intellectual property on our Website, belong to Banco BPM or other parties that maintain business relations of different types with Banco BPM. Nothing on our Website is a license (permission) or right to use the aforementioned intellectual property, for any purpose. Therefore, the reproduction and/or adapataion and/or use of same is strictly prohibited in any form or type without express authorisation from Banco BPM and/or the respective legal owner thereof.
You may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise to the Website or any subsidiary pages, without our prior written consent, which consent is at Banco BPM ’s sole discretion.
Even if any content on the Website is not confidential or there is no copyright in it, Banco BPM owns such content.
Although Banco BPM is using innovative solutions to maintain the Website accessible at all times and free of any defects, it declares that the computer systems used for access could be inaccessible, incompatible, or not free from defects, viruses and/or other malfunctions. Consequently, anyone accessing the Website recognises and accepts explicitly that its use is "in its present condition, subject to availability".
If any issues arise while on the Website, Users can send an email to the section "Contact us" available on the homepage of the Website. Banco BPM does not assume responsibility for any damages incurred due to the lack of accessibility to the Website services or as a result of damage caused by viruses, corrupted files, errors, omissions, interruptions of service, deletion of content, problems with the network, providers or telephone connections and/or telematics connections, unauthorised access, data manipulation, or by malfunction and/or faulty function of the electronic devices of the User himself.
The User agrees to use the data and information exclusively for its own internal purposes and not to share it - neither for payment nor free of charge - with third parties or market it directly or indirectly. Failure to comply with this condition will result in deactivation or deletion of the account and the username, subject to any legal action that Banco BPM could take for the purpose of obtaining compensation claims against the subject who committed the transgression.
The content of the Website may not be fully or partly distributed through communication channels such as the Internet, television or radio systems or any other system without prior written authorization from Banco BPM .
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Website, access to the Website or content without the express written consent of Banco BPM .
The Users are the only ones responsible for the use of the Website and its content. Therefore Banco BPM cannot be considered in any way liable if the User utilizes the Website or its content illegally.
All Users who access the Website declare, implicitly, to be of legal age and agree to:
In addition, all Users who access the Website agree not to use it themselves or allow a third party to use it in order to:
All Users agree to inform Banco BPM if they uncover or become aware of any of the above circumstances by filling in the web form under "Contact us" on the homepage of the Website.
It is not permitted without prior written authorization from Banco BPM to create links with the homepage or even internal and/or additional pages for the Website (i.e. "Deep Links"), or to introduce or present the content of the Website on another website ("Framing").
In order to obtain such written authorization, the interested parties must submit a separate application by filling in the web form under the "Contact us" section on the homepage. Provided the application for creating a link is approved, the applicant will receive a non-exclusive and non-transferable license for the use of the term YouLounge solely for the purpose of providing a hyperlink from the Internet presence of the respective rights holders to the Website, and any other uses are expressly excluded.
A violation of the terms provided in this paragraph will also be punished according to relevant laws as unfair competition.
When you enter this Website, you accept that we can place cookies on your computer or any other device that you use for accessing the Website.
A cookie is a small text file which is stored on your hard disk by the website you visit. The text file contains information and is, among other things, used for supporting the visitor's use of the relevant website.
There are two types of cookies. The first type, which is called a persistent cookie, stores a file on your hard disk for a certain period of time. The other type, which is called a session cookie, is only stored temporarily during the time you visit a site.
With regard to the Website we use both types of cookies to help us make our visit statistics more reliable and to increase the functionality for our users.
A condition for being able to use the Website's services is that you have accepted the use of session cookies. These cookies enable you to carry out the Website's services in a simple and smooth way and will disappear when you log off.
If you do not want to accept cookies, you can change the security settings of your browser (Internet Explorer, Firefox, Chrome, etc.).
Banco BPM can replace, add, modify and/or amend the Website and/or its contents as well as its implemented technology at any time without notice and at its own discretion. In this context Banco BPM discloses that such activities may result in a temporary or permanent loss of access to the Website and/or its content and Banco BPM will not be held liable for any loss to any Company content.
In practical terms as for YouLounge:
YouLounge is provided solely as a convenience to you. By using YouLounge you warrant that you will not use YouLounge, or any of the Content obtained from YouLounge, for any purpose that is unlawful or prohibited by these Terms or Use.
Without limiting the generality of the foregoing, you agree not to:
The Community Manager encourages Users to respond to all requests, at least to acknowledge reception, but the Community Manager shall in no case be held responsible for the lack of response. Repeated absence of response by a User can be a reason for removing their account or blocking access to YouLounge as deemed necessary.
Banco BPM cannot and will not be liable for any loss or damage arising from a User's failure to comply with this Section.
The Community Manager has the right to remove/add/make changes to any information on YouLounge. This information refers to but is not limited to, Business Card Data, Content information and User's Messages. The Community Manager has the right to limit the messages and the interaction of members. The Community Manager, acting under YouLounge , reserves the right, but has no obligation, to monitor disputes between Users and to restrict, suspend, or close accounts if deemed necessary.
All information, data, text, software, audio/video content (including sound, graphics, and still or moving images, etc.), or any other materials whatsoever, whether publicly posted or privately transmitted, is the sole responsibility of the User from whom such Content originated.
This means that each User, and not Banco BPM, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via YouLounge. Users may (outside YouLounge) enter into correspondence with or engage into business with Companies or Vendors based on the products or services descriptions posted on YouLounge. Any such correspondence or business, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Users, Companies and Vendors. Banco BPM assumes no liability, obligation or responsibility for any part of any such correspondence, promotion and business. It is the sole responsibility of each Company to investigate its commercial counterparty in accordance with normal business practices.
Under no circumstances will Banco BPM be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted to, or emailed or otherwise transmitted via YouLounge.
The User commits themselves not to direct claims to any other bank connected to the platform in regard to damage incurred as a result of any of the circumstances mentioned above.
Banco BPM responds promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on YouLounge in a way that constitutes copyright infringement, you may notify Banco BPM with the following information in writing:
After receiving a claim of infringement, Banco BPM will investigate and take appropriate actions within reasonable limits and on a best effort basis.
When posting Content, the submitting User retains ownership of his Content and, in exchange for being permitted to use YouLounge and benefit of the services offered through YouLounge, grants to Banco BPM a worldwide, royalty-free, perpetual, irrevocable license to publish such Content there from with links to full content in YouLounge, let other Users print, view, access it in their web browser while accessing YouLounge, and/or to incorporate it in other services related to YouLounge and make it available to the Users in any form, media, or technology now known or later developed such as Apps, RSS feeds, etc.
Subsequently Banco BPM hereby grants the right to Users and Vendors the right to print, view, and perform such Content (excluding User's Messages) solely within a web browser while accessing YouLounge for their personal use.
Banco BPM may establish general practices and limits concerning the use of YouLounge. Banco BPM has no responsibility or liability for the deletion or failure to store any messages or other communications or other Content maintained or transmitted by YouLounge.
The use of YouLounge is at the User's sole risk. YouLounge is provided on an "as is" and "as available" basis and Banco BPM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User's communications or personalization settings. User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at User's own discretion and risk and that each User will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material.
Banco BPM expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, Banco BPM makes no warranty that:
As noted above, Banco BPM does not and cannot control all the actions of site Users, Vendors or linked third parties. Banco BPM reserves the right to report any malfeasance that comes to its attention to the appropriate authorities. Banco BPM does not guarantee continuous uninterrupted or secure access to YouLounge. Operation of YouLounge may be subject to interference from numerous factors outside Banco BPM 's control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to YouLounge.
The foregoing disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by Banco BPM .
The User commits itself not to direct claims to any other bank connected to the platform in regard to damage incurred as a result of any of the circumstances mentioned above.
You may close your account at any time and such termination shall be your sole and exclusive remedy.