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Terms and Conditions

Register as a Seller at www.makinakonline.com

Arbitration notice:
These terms of service contain an arbitration clause a little later on. Except for certain types of disputes mentioned in that arbitration clause, you and MAKINAK ONLINE online agree that disputes between us will be resolved by mandatory binding arbitration, and you and MAKINAK ONLINE online waive any right to participate in a class-action lawsuit or class-wide arbitration. You have the right to opt out of arbitration as explained in that arbitration clause.

1.  Introduction

1.1 Property

The title holder and owner of the Service is Makinak Online, S.L. (hereinafter “MAKINAK ONLINE”), residing at C / Velázquez, 54 – 2nd Floor – 28001 Madrid (Spain), provided with CIF B02850808.

1.2 User Agreement

You agree that by clicking “Contract” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with MAKINAK ONLINE (even if you are using our Services on behalf of a company). If you do not agree to these terms of service (“TOS” or “User Agreement”), do not click “Contract” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this User Agreement at any time you can do so by closing your account and no longer accessing or using our Services.

1.3 Services

This User Agreement applies to www.makinakonline.com (“Site”) and other MAKINAK ONLINE-related sites, apps, communications and other services that state that they are offered under this User Agreement  (“Services”), including the offsite collection of data for those Services.

1.4 Privacy Policy

The collection, use and sharing of your personal data is subject to our Privacy Policy and updates.

1.4 Changes and/or updates of “Terms and Conditions”.

We may modify the User Agreement and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations

2.1 Who

To register as a seller with MAKINAK online, you agree that:

(a) You must be of legal age in your country.

(b) You will only have one MAKINAK ONLINE account, which must be in your real name.

Creating an account with false information or creating multiple/duplicate accounts is a violation of our terms and conditions, including accounts registered in the name of others or persons under the minimum age.

2.2 Your Account

You agree to: (a) use a strong password and keep it confidential; and (b) not transfer any part of your account. You are responsible for anything that happens through your account unless you close it or immediately report misuse by contacting us at info@makinakonline.com.

2.3 Payment

If you buy any of our paid Services (“Contract”), you agree to pay us the applicable fees and taxes and to additional terms specific to the Subscription. Failure to pay these fees will result in the termination of your Subscription. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
  • Our payment processor may store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services and to use to pay for other Services you may buy.
  • If you purchase a Subscription, your payment method automatically will be charged at the start of each Subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.4 Changes in Price and Subscription Plans

MAKINAK ONLINE may change its subscription plans and the price of our Services from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

2.5 Refunds

Payment obligations are non-cancelable and fees paid are non-refundable unless otherwise provided in this section.

If you choose to cancel your Subscription during a Subscription period, you may use the Subscription until the end of your then-current Subscription period or renewal period but will not be issued a refund for the most recently charged fees.

2.6 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (a) within the Service, or (b) sent to the contact information you provided us (e.g., email). You agree to keep your contact information up to date.

3. Rights and Limits

3.1. Your License to the Service

As between you and MAKINAK ONLINE, you own the content and information that you submit to the Services, and you are only granting MAKINAK ONLINE and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice or compensation to you or others.

These rights are limited in the following ways:

  • This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your information and content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services (“Third Parties”), solely for the purpose of providing such Services. Your content and information are made available to Third Parties only for processing and not storage.
  • You can end this license for specific content by deleting such content from the Services, or generally by terminating your account, except (i) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it, and (ii) for the reasonable time it takes to remove from backup and other systems.
  • While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  • Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You and MAKINAK ONLINE agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to MAKINAK ONLINE, you agree that MAKINAK ONLINE can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful.

3.2 Service Availability

We will not materially decrease the functionality of the Services during your Subscription period and continue to provide the Services till the end your Subscription period. We may change, suspend or discontinue our Services however this will not affect any ongoing Subscriptions and we will continue to provide the same level of service till the end of your Subscription period.

We don’t promise to store or keep showing any information and content that you’ve posted. MAKINAK ONLINE is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.4 Limits

MAKINAK ONLINE reserves the right to restrict, suspend, or terminate your account if you breach this User Agreement or the law or are misusing the Services.

3.5 Intellectual Property Rights

MAKINAK ONLINE reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

4. Confidentiality

We treat the content and information that you submit to the Services in accordance with this User Agreement (“Your Information”) as confidential. We will not, without your consent, use Your Information other than as provided in this User Agreement or disclose Your Information to any third party other than to our officers, directors, employees, agents, assigns, consultants, contractors, service providers, representatives or affiliated entities who need to access Your Information and who are required to protect the confidentiality of Your Information. We will use at least reasonable care to protect the confidentiality of Your Information.

Confidentiality obligations will however not apply to Your Information:

(a) that is known to us, prior to receipt from you, or is obtained from a source other than one having an obligation of confidentiality to you;

(b) that has become known (independent of disclosure by you) to us directly or indirectly from a source other than one having an obligation of confidentiality to you; or

(c) that has become publicly known or otherwise ceases to be secret or confidential, except through a breach of this section by us, including if you designate a Your Information as “public” or post such information or content in a public area of the Site.

5. Publicity Rights

You grant MAKINAK ONLINE the right to identify Yourself/Your organization as MAKINAK ONLINE customer on MAKINAK websites and/or marketing collateral and to include Your/Your organization’s use of the Services in case studies.

6. Disclaimer and Limit of Liability

6.1 No Warranty

MAKINAK ONLINE and its affiliates make no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, MAKINAK ONLINE and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

6.2 Exclusion of Liability

To the fullest extent permitted by law (and unless MAKINAK ONLINE has entered into a separate written agreement that overrides this user agreement), MAKINAK ONLINE, including its affiliates, will not be liable in connection with this user agreement for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.

MAKINAK ONLINE and its affiliates will not be liable to you in connection with this user agreement for any amount that exceeds the total fees paid or payable by you to MAKINAK ONLINE for the services during the term of this user agreement, if any.

6.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 6 are part of the basis of the bargain between you and MAKINAK ONLINE and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if MAKINAK ONLINE or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this User Agreement and to the extent that they are typical in the context of this User Agreement.

7. Governing Law and Dispute Resolution

Once MAKINAK ONLINE receives a complaint from a customer, it may initiate various actions that may include the removal of the information or product in question and the removal of repeat infringers where appropriate. All such actions shall be taken without admission of liability and without prejudice to any right, action or defense that may be available to the customer, all of which are expressly reserved. The foregoing includes the right of MAKINAK ONLINE to refer the claim to the parties that have provided the allegedly infringing content.

MAKINAK ONLINE includes on the website information on the different types of subscription plans, detailing in Annex I prices and conditions.

The contracting parties voluntarily and expressly submit to the conditions expressed in this contract and the general conditions of the existing legislation in Spain.

8. How to Contact Us

You can contact us by e-mail at info@makinakonline.com.

ANNEX I

Types of contracts:

NEW MACHINERY

1. NEW USER REGISTRATION:

a. Plan Started:

    • 2.400€/year.
    • Taxes not included.
    • 3 months free for new registered sellers.
    • The user only has 5 spaces to advertise new machinery, second hand or stock machinery (Km. 0) or industrial services.
    • When registering the user provides MAKINAK ONLINE with the chosen payment method (Credit Card or SEPA).
    • The full annual fee is charged on the day following the completion of the three-month free trial period.
    • Once registered, the seller will not be able to cancel the subscription until the end of the annuity from the date of registration. The registration itself constitutes a binding contract between MAKINAK ONLINE and the registered seller.
    •  

b. Plan Pro:

    • 4,800 €/year.
    • Taxes not included.
    • 3 months free for new registered sellers.
    • The user has unlimited sales spaces to advertise new machinery, second-hand machinery or stock (Km. 0) or industrial services.
    • When registering the user provides MAKINAK ONLINE with the chosen payment method (Credit Card or SEPA).
    • The full annual fee is charged on the day following the completion of the three months free trial period.
2. RENEWAL OF THE REGISTRATION:

a Plan Started:

    • The renewal of the registration contract will take place automatically on the day following the expiration date of the current annuity. The user will receive an e-mail one month before the expiration date reminding him/her to cancel the subscription renewal before the expiration date. Failure to do so will result in automatic renewal.
    • The renewal fee is 3.200€/year. Taxes not included.

b Plan Pro:

    • The renewal of the registration contract will take place automatically on the day following the expiration date of the current annuity. The user will receive an e-mail one month before the expiration date reminding him/her to cancel the subscription renewal before the expiration date. Failure to do so will result in automatic renewal.
    • The renewal fee is 6,400€/year. Taxes not included.

SECOND HAND MACHINERY

1. NEW USER REGISTRATION:

a. Plan 1 Sales Space:

    • 20€/month.
    • Taxes not included.
    • The user only has 1 space to advertise second hand machinery.
    • When registering the user provides MAKINAK ONLINE the chosen payment method (Credit Card or SEPA).
    • The payment of the full monthly fee is made at the time of registration.
    • Once registered, the seller may not cancel the subscription until the end of the monthly payment from the date of registration. The registration itself constitutes a binding contract between MAKINAK ONLINE and the registered seller. 
2. RENEWAL OF THE REGISTRATION:

a. Plan 1 Sales Space:

    • The renewal of the registration contract will take place automatically on the day following the expiration date of the current monthly payment. The user will receive an e-mail one week before the expiration date reminding him/her to cancel the subscription renewal before the renewal date. Failure to do so will result in automatic renewal.
    • The renewal fee is 20€/month. Taxes not included. 

INDUSTRIAL SERVICES

1. NEW USER REGISTRATION:

a. Services Plan:

    • 480/year.
    • Taxes not included.
    • The user has unlimited spaces to advertise the provision of industrial services.
    • The full annual fee is charged at the time of registration.
    • Upon registration the user provides MAKINAK ONLINE with the chosen payment method (Credit Card or SEPA).
    • Once registered, the seller may not cancel the subscription until the end of the annuity from the date of registration. The registration itself is constitutive of a binding contract between MAKINAK ONLINE and the registered seller.

2. RENEWAL OF THE REGISTRATION:

a. Services Plan:

    • The renewal of the registration contract will take place automatically on the day following the expiration date of the current annuity. The user will receive an e-mail one month before the expiration date reminding him/her to cancel the subscription renewal before the expiration date. If the user does so, the subscription will be automatically renewed.
    • The renewal fee is 720€/year. Taxes not included
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