MouvTex | Terms of use

TERMS OF USE

Please read these Terms carefully before to start to use the Website and / or the Services.
These Terms are only available in the English language.

OUR AGREEMENT

This website is owned and operated by Mouvtex Company, a company registered in France (registration number 822.888.756 R.C.S Toulon) with registered office at La Seyne-sur-Mer. Our VAT number is FR81822888756.

These terms and conditions ( referred to as the Terms ), together with our Privacy policy, tell you the terms on which you may use the Mouvtex website located at www.mouvtex.com and our services ( collectively referred to as Services ). These Terms are a legally agreement between you as the user or member of our Website ( referred to as “ you “ or “ your “ or “ User “ or “ Member “and Mouvtex website ( referred to as “ we “, “ our “, or “ us ‘ or “ Mouvtex.com “ or “ Website “ ). By using the Website and/or Services, you confirm that you accept these Terms and that you agree to be bound by them. If you do not agree to these Terms, you must not use the website.

We may amend these Terms from time to time in order to update them, to reflect changes to the service or for legal, regulatory reasons. We will keep you informed and give you notice of any amendment to these Terms by posting the amended Terms on the website and stating in the amended Terms when they took effect. By continuing to use the Website and/or the Services, you agree that the amended Terms will apply to you.

Please visit www.mouvtex.com /privacy to read our privacy policy and to see how to use your personal information. By using the Website and/or the Services, you agree to the Terms of our Privacy policy, which forms part of these Terms and our agreement with you. If you have any questions, complaints or comments about the Service or these Terms, then please contact us by emailing us at contact@mouvtex.com.

SERVICES

Through the Website, Mouvtex.com provides electronic web-based platforms for exchanging textile information of products and services between Users and suppliers / service providers.

Services offer a search and comparison service of textile suppliers, textile products and service providers on the basis of the search criterions informed by the User. Mouvtex.com displays in the page of results all the textile suppliers, textile products and service providers found from the Mouvtex.com tool and Mouvtex.com gives its best to propose the most relevant results. Some results proposed by Mouvtex.com are matching with a deep hypertext link referring to the textile or service provider website. By clicking on this link, you will be redirected on the supplier or service provider website, on which you could contact directly them or book service chosen. You could also contact them directly through our website. Mouvtex.com does not enter into contractual relationship between the textile suppliers / service providers and you. Any query or consultation relating to products or service purchased must be directed to the corresponding textile supplier or service provider. About quotations, with your search criterions, Mouvtex.com shows your request on-line without your coordinate, and textile suppliers which will be able to offer such products will send to Mouvtex.com their quotations. After checking, on your personal account, you can look at theses quotations and contact directly the suppliers if you are interested.

The term of “ Textile suppliers “ includes Agents, Buying offices, manufacturers, trading companies, wholesalers, etc…. The term of “ Service providers “ includes Agents, express courier, forwarders, hotels, Inspection services, Press attaches, professional press, stylists / design services, trade shows, etc…. The publication of the textile supplier’s and service provider’s products and services shall not be considered as an affiliation to these companies neither a recommendation to buy their products and services.

Mouvtex.com.com will assist you in the search of products and services, by providing links for the procurement of products and/or services with Textile suppliers and / or Service providers. This agreement is subject to the terms and conditions of each Textile suppliers and / or Service providers. In order for you to review the terms and conditions of your corresponding Textile supplier and / or Service provider, you may contact them directly.

By using this Website to find products and/or services to purchase, you authorize Mouvtex.com to connect you with the procurement process from the corresponding Textile suppliers and /or Service providers.

If you sign up to use some Services, you will be asked to choose a password which, together with your email address ( which will be your username ), you will use to log in to Services. You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that are carried out under them. You may not share, assign or permit the use of your Member account, password or username, by another person outside of the Member’s own business entity. We will not responsible for losses suffered by you where your password or username is used by someone else (whether or not such use is fraudulent). You agree to notify us immediately by email to contact@mouvtex.com if you become aware of, or suspect any unauthorized use of, your password or username.

LINKS TO OTHER WEBSITES

This Website may contain links ( in the form of word link, banners, channels, advertisement or otherwise ) to other websites that are not managed by Mouvtex.com, and which are included for reference purposes only. Mouvtex.com does not exercise any control other these websites nor is it responsible for their content, products or services made available on such websites.

The inclusion of links of other websites does not imply that Mouvtex.com promotes, endorses, guarantees or recommends these sites. These links are only used as informative references, without any valuation of the content, ownership, services or products offered therein.

USERS RESPONSIBLITIES

You may not use the Website and may not accept the Terms if you are not a legal age to form a binding contract with Mouvtex.com.

All information and details provided by you to us ( including when you sign up to use Services ) are true, accurate and up to date in all respects and at all times.

You will at all times comply with the restrictions on your use of the Website and any other obligations, in each case as set out in these Terms.

You will at all times comply with, and will only use the Website in a manner consistent with, all applicable local, national and international laws and regulations.

You will not use the Website and/or Services if such use are not legal in your jurisdiction.

You agree that, in using the Website, you will not :
- Use the Website and/or the Services for any unlawful purpose;
- Use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;
- Authorize, encourage or assist any other person to copy, reproduce, download, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software ( including source code ), databases and other technology that forms part of the Website;
- Copy, reproduce, download, re-publish, sell, distribute or re-sell any information, text, images, graphics, directories, files, databases or listings, etc… available on or through the Website.
- Copy, reproduce, download, compile or otherwise use any Website Content for the purposes of operating a business that competes with Mouvtex.com or otherwise commercially exploiting the Website Content systematic retrieval of Website Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory ( whether through robots, spiders, automatic devices or manual processes );
- Access or attempt to access the accounts of Members or to penetrate or attempt to penetrate Services security measures

To use any content or materials on the Website for any purpose not expressly permitted in the Terms is prohibited.

You agree to compensate us fully for any costs or loss whatsoever that we suffer as a result of your breach of these Terms, including, without limitation, your breach of clause.

MEMBERS ACCOUNTS

User must be registered on the Website to access or use some Services ( a registered user is also referred to as a “ Member “ ). One User may only register one Member account on the Website. We may cancel or terminate a Member account if we have reasons to suspect that the Member has concurrently registered or controlled 2 or more Member accounts. Further, we may reject User’s application for registration for any reason.

Member agrees to provide all information and materials as may be reasonably required by Mouvtex.com. We have the right to suspend or terminate any Member’s account if the Member fails to provide the required information.

Member agrees that all activities that occur under your account ( including without limitation , posting any company or product information, sending emails using the email account ) will be deemed to have been authorized by the Member.

Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account, may cause irreparable harm to Mouvtex.com or other Users of the Website. Member shall indemnify Mouvtex.com against any loss or damages ( including but not limited to loss of profits ) suffered as a result of the multiple use of your account or Member’s failure to maintain the security of your account. Mouvtex.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.

MEMBER’S RESPONSIBILITIES

You agree that, in using the Website, you will not impersonate any other person ( living or dead ) misrepresent your connection with a person or entity or provide false or otherwise misleading information ( or fail to provide information which has the same effect ).

Each Member represents, warrants and agrees that he has full power and authority to accept the Terms. You use the Website and Services for business purposes only and the address you provide when registering is the principal place of your business entity.

Member will be required to provide information about his entity, business or products / services as part of the registration process on the website or his use of any Services or the member account. Each Member represents, warrants and agree that such information whether submitted during the registration process, thereafter throughout the continuation of the use of the Website and / or Services is true, accurate, current and complete and you will maintain and promptly amend all information to keep it true, accurate, current and complete.

Upon becoming a supplier or service provider Member, you consent to the inclusion of the contact information about you in our Database and authorize Mouvtex.com to share the contact information with other Users or otherwise use your personal information in accordance with our Privacy Policy.

You shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display. You agree that any User Content that you submit, post or display does not violate any of the copyright, patent, trademarks, trade name or any other personal or proprietary rights of any third party. You agree you have the right and authority to sell, trade, distribute or export the products or services described in the User Content and that not violate any third party rights.

You agree that the User Content that you submit, post or display shall :
- Be true, accurate, complete and lawful;
- Not contain information that is defamatory, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Not violate any applicable laws and regulations ( including without limitation those governing export control, consumer protection, unfair competition or false advertising ) or promote any activities which may violate any applicable laws and regulations
- Not contain any link directly or indirectly to any other websites which includes any content that may violate the Terms;

You agree that you shall :
- Carry on your activities on the Website in compliance with any applicable laws and regulations;
- Carry on your activities in accordance with the Terms and any applicable additional agreements;
- Conduct your business transactions with other Users or Members in good faith;
- Not use the Website and / or Services to defraud any person or entity;
- Not involve attempts to copy, reproduce, exploit or expropriate Mouvtex.com various proprietary directories, databases and listings;
- Not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Not involve any scheme to undermine the integrity of the data, systems or networks used by Mouvtex.com and /or any User or gain unauthorized access to such data systems or networks.

You agree that, in using the Website, you will not :
- Recruit or otherwise encourage any Member to join another service similar to our Services;
- Sell, pass-on or refer any inquiries from Member to any other person ( whether registered with the Service or otherwise );
- Access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate Services security measures;
- Advertise or promote third party products or services ( other than your own company ).

Member may not use the Services and member account to engage in activities which are identical or similar to Mouvtex.com.

Member acknowledges and agrees that Mouvtex.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or information created, obtained or accessible through the Website and / or Services. Mouvtex.com does not endorse, verify or otherwise certify the contents of any comments or other information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other information.

MEMBERSHIP TERM AND CANCELLATION.

Mouvtex.com reserves the right in our sole discretion to remove, modify or reject any Member Content that you submit to, post or display on the Website which we reasonably believe is unlawful, violates the Terms, could subject Mouvtex.com to liability, or is otherwise found inappropriate.

If any Member breaches any Terms or if we have reasonable grounds to believe that any Member is in breach of any Terms, we shall have the right to impose penalties against the Member, or suspend or terminate the Member’s account of any Services without any liability to the Member. Mouvtex.com shall also have the right to restrict, refuse or ban any and all current of future use of any Services that may be provided by Mouvtex.com. The penalties that we may impose include, among others, warning, removing any products listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the Member’s use of any features or functions of any Services for such period as we may consider appropriate in our sole discretion.

Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
- Upon complain or claim from any third party, we has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party;
- If we have reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, misleading;
- If we believe that the Member’s actions may cause financial loss or legal liability to Mouvtex.com.

Each Member agrees to indemnify Mouvtex.com and to hold us harmless, from any and all damages, losses, claims, and liabilities which may arise from your submission, posting or display of any User Content, from your use of the Website, or from your breach of the Terms.

Each Member further agrees that Mouvtex.com is not responsible, and shall have no liability to you or anyone else for any user Content or other material transmitted over the Website, including fraudulent , untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with us in asserting any available defenses.

LIMITS ON OUR LIABILITY

Mouvtex.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the suppliers to complete a sale or the ability of Users to complete a purchase.

Each User agrees that Mouvtex.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any transaction risks.

In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify Mouvtex.com from all claims, demands, actions, proceedings, costs, expenses and damages ( including without limitation any actual special, incidental or consequential damages ) arising out of or in connection with such transaction.

To the maximum extent permitted by law, the Services provided by Mouvtex.com are provided “ as is “, “ as available “ and “ with all faults “, and we hereby expressly disclaim any and all warranties of condition quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions and undertakings are hereby excluded.

To the maximum extent permitted by law, Mouvtex.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the website. We does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and / or use of products or services offered or displayed on the Website does not violate any third party rights, and we make no representations or warranties of any kind concerning any product or service offered or displayed on the website.

Any material downloaded or otherwise obtained through the Website is done at each User’s sole discretion and risk and each User is solely responsible for any damage to Mouvtex.com computer system or loss of data that may result from the download of any such material.

Each User hereby agrees to indemnify and save Mouvtex.com from any and all losses, claims, liabilities which may arise from such User’s use of the website or Services ( including but not limited to the display of such User’s information on the website ) or from your breach of any of the Terms and conditions of the Terms.

Each User hereby further agrees to indemnify and save Mouvtex.com from any and all losses, damages, claims, liabilities ( including legal costs on a full indemnity basis ) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the website. Each user hereby further agrees that Mouvtex.com is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.

Mouvtex.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever ( including but not limited to damages for loss of profits or savings, business interruption, loss of information ), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following :
- The use or the inability to use the Website or Services;
- Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the website;
- Violation of Third Party Rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and / or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- Unauthorized access by third parties to data or private information of any User;
- Statements or conduct of any User of the website;

The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Mouvtex.com has been advised of or should have been aware of the possibility of any such losses arising.

FORCE MAJEURE

Under no circumstances shall Mouvtex.com be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces of causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, fires, flood, storms, acts of god, orders of domestic or foreign courts or tribunals or non-performance of third parties.

INTELLECTUAL PROPERTY RIGHTS

Mouvtex.com is the sole owner of all rights and interests in the Website and the Website content. The Website and Website Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and Website Content shall remain with us. All rights not otherwise claimed under the Terms or by us are hereby reserved.

GENERAL

Subject to any additional agreements, the Terms constitute the entire agreement between you and Mouvtex.com with respect to and govern your use of the Website and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

Mouvtex.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

Headings are for reference purposes only and in no way definite, limit, construe or describe the scope or extent of such section.

Mouvtex.com failure to enforce any right or failure to act respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Mouvtex.com right to act with respect to subsequent or similar breaches.

Thank you for using our Website and Services.

These Terms were last updated on 01 May 2019.

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.