Santander Spain

DESARROLLE SU NEGOCIO CON CLIENTES DE NUESTROS BANCOS ASOCIADOS EN TODO EL MUNDO

TERMS AND CONDITIONS OF SANTANDER TRADE

Please read these terms and conditions (hereinafter, the “Terms”) carefully before using this website, as they, together with any other documents mentioned herein, set out the terms on which you may make use of our platform “Santander Trade”, available on https://santandertrade.com (hereinafter, the “Platform”), whether as a guest or as a registered user.

 

Any person that accesses, browses or uses the Platform shall comply with, and be bound by, the Terms. Your use of the Platform implies Your acceptance, without any reservations, of all terms contained herein, and shall be equally valid to a written and signed agreement. If You disagree with the expressed terms, please do not access, browse or use the Platform.

 

For the avoidance of doubt, the term “use” includes, but is not limited to, accessing, browsing, inputting information and registering to use the Platform. Any reference to “You” or “Your” means you as a user of the Platform, whether as a registered user or as a mere visitor navigating the open sections of the same, and any reference to “We”, “Us” or “Our” is to BANCO SANTANDER, S.A.

I. IDENTIFICATION.

  • Owner: BANCO SANTANDER, S.A.
  • Address: Avda. de Cantabria S/N, 28660 Boadilla del Monte, Madrid
  • Tax I.D. No.: A-39000013
  • E-mail: assistance@santandertrade.com

 

II. PURPOSE AND SCOPE OF APPLICATION.

“Santander Trade” is a platform offered by BANCO SANTANDER, S.A., supplied and managed by Export Enterprises that aims to help companies with their internationalisation plan by means of providing its users, comprised mainly of Santander clients, a series of useful economic, market and regulatory tools, information and resources.

 

Additionally, amongst the services offered by Us on the Platform, You, as a registered user, may engage with fellow Santander clients and with Santander partner bank’s clients worldwide in search of business opportunities for Your company.

 

The current Terms regulate the access, browsing and use of the Platform, which is divided into four (4) main sections (hereinafter, the “Main Sections”):

 

  • Santander Trade Wall: the Platform homepage, where You may find a feed listing any new content in the Platform since Your last visit, as customised in accordance to Your profile and preferences.
  • Santander Trade Markets: the main informational section of the Platform, containing economic, market and regulation information to help You do business internationally.
  • Santander Trade Events: the section of the Platform where You may access online, offline and face-to-face seminars presented by experts in various fields of expertise on international trade.
  • Santander Trade Club: an online business community for Our business clients and clients of our worldwide partner banks, where You can connect to such other clients and engage with them in search of business opportunities.

 

Each of the above is subject to its own specific terms and conditions, in addition to certain general terms that apply across the same and govern Your general use of the Platform, regardless of the Main Section You use, and whether You access as a registered user or as a visitor. For clarity purposes, these Terms are divided into four (4) chapters: the general terms (hereinafter, the “General Terms”) and one chapter per Main Section of the Platform (hereinafter, the “Specific Terms”), except for the Santander Trade Wall, which is governed by the General Terms only.

 

Your use of each Main Section shall be governed by its Specific Terms and the General Terms. In this sense, the General Terms are intended to complement and complete the Specific Terms applicable to each Main Section. Where there is a conflict between the provisions of the Specific Terms and the General Terms, the Specific Terms shall supersede the conflicting provisions of the General Terms and apply to Your use of the relevant Main Section, and only as to Your use of the same. The General Terms shall continue to apply: (i) to Your use of the relevant Main Section in all provisions that do not generate a conflict with its Specific Terms, and (ii) generally to Your use of the Platform outside of such Main Section.

 

We reserve the right to modify the Platform’s presentation, settings and content, as well as the terms required for the mere access and/or use of the same. They shall be in effect from the time of their publication until their total or partial modification. From then on, the modified Terms will come into force and apply to Your use of the Platform.

 

In this sense, on occasion, particularly when necessary for technical reasons or business continuity, We may make changes to these Terms. The access and/or use of the Platform after these Terms have been applied and/or published imply Your acceptance of the same. We will notify You via email, or through the Platform, when there is a substantial modification of the Terms that majorly affects Your use of the Platform.

 

In any case, certain contents and/or services within the Platform may be subject to their own specific terms and conditions, in addition to the General Terms and the Specific Terms, and may only be available if You have expressly entered into the relevant agreement with Us for the provision of those services or the availability of those contents. The terms and conditions of those contents and/or services may replace, complete or, if necessary, modify these Terms as relevant and only as to Your use of such contents and/or services.

 

 

 

III. GENERAL TERMS.

 

1. ACCESS AND REGISTRATION.

Your access to the landing page that serves as a point of access to the Platform’s contents and Your navigation through the Platform do not require registration. Nevertheless, You fully accept and commit to comply with the Terms and any instructions or recommendations made available from time to time on the Platform.

Notwithstanding the above, certain tools, resources and information made available within the Platform are restricted and intended only for registered users.

 

In this sense, You may access the Platform as:

  • Unregistered user, with limited access to browse, view and use certain open tools of the Platform;
  • Registered user with limited access to certain restricted contents, as is the case of users that are not Santander clients; or
  • Registered user who is a Santander client, with access to the Platform’s tools, resources and information. Depending on Our validation of Your account, You may have:
    • Basic account: assigned to users that: are Santander clients and We have verified that they are indeed Santander clients and may access the Platform’s tools, resources and information except for the Santander Trade Club.
    • Premium account: assigned to users that are Santander clients, only once We have been able to verify, through any adequate means of Our choice, that they are indeed Santander clients. Such account allows the registered user to access the entirety of the Platform’s tools, resources and information, including the Santander Trade Club.

 

Please be aware that Our verification of Your condition as Our client may take some time. Although We will make Our best efforts to speed up the verification process, We cannot warrant that this process will be carried out within any particular timeframe and We shall not be liable to You or to any other third-party for any claimed delays in verifying Your condition as Our client.

 

User accounts are personal and do not necessarily represent Your company before Us.

 

Access credentials will either be allocated by Us or created by You, depending on the source from which You access the Platform for registration:

 

  • Santander Online banking. If You are a Santander client, You may access the Platform directly from Your Santander Online banking account. In this sense, this access acts as a single sign-on process which carries Your access credentials over to the Platform. This route grants the user full registered access as a premium account, although You will be required to create Your access credentials for the Platform (the so-called “Direct Access”).
  • Invitation by Us. On occasion, We may extend invitations to Our clients and non-clients, via e-mail, to join the Platform. In this case, We will provide You an access code and a link directing to the sign up screen within the Platform and require the creation of access credentials. This route grants the user full registered access as a registered client with limited access upon first access, until We can verify that You are indeed a Santander client. In doing so, We may require that You provide additional information and/or documentation.
  • Invitation by another user. On occasion, other registered users (Santander clients) may extend invitations to their company colleagues, via e-mail, to join the Platform. In this case, We will provide the invitee with an access code and a link directing to the sign up screen within the Platform and require the creation of access credentials. This route grants the user full registered access as a registered client with limited access upon first access and until We can verify that the registering user is indeed a Santander client. In doing so, We may require that the registering user provide additional information and/or documentation.
  • Homepage. You may register to use the Platform directly from its welcome page, where You can find any content available from time to time on the Platform, at Your discretion. In this case, You will be required to provide certain contact details, regarding both yourself as the registering user and the company that You represent, including, but not limited to, Your position within the company. If upon registration You identify Your company as a Santander client, You will be granted access as a registered user with limited access until We can verify this condition. In doing so, We may require that You provide additional information and/or documentation.

 

You must treat Your access credentials as confidential and not disclose them to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify Us at  assistance@santandertrade.com

 

We will not be liable for the accuracy or reliability of the data provided by Our users, thus each of You will be solely liable for any possible consequence, errors or failures arising from the provided data.

 

Passwords are confidential and non-transferable and shall be valid indefinitely until You modify Your password using the tools available to You on the Platform for this purpose. It shall be generated by You following Our password security guidelines as available from time to time. In any case, We have the necessary functionalities allowing You to modify Your password when You deem necessary.

 

You shall make diligent use of Your password and shall not make it available to any third party. You shall be responsible for keeping adequate custody of Your access credentials. You shall be liable for any illicit use of the Platform by any illegitimate third party who accesses the Platform using Your password.

 

2. INTELLECTUAL PROPERTY RIGHTS.

All intellectual property rights over the Platform, the information and materials contained therein, including but not limited to, the Platform and the Main Sections, texts, photographs or illustrations, logos, any and all Santander Trademarks, as well as any brands, trademarks, logos or other distinctive signs of any third person outside the Santander Group, graphs, designs, interfaces and any other information, content or services available through the Platform are owned by Us or have been licensed to Us accordingly by their corresponding owner. In this sense, You acknowledge and accept that the Platform, including any of its contents, are managed and offered directly by Export Enterprises, S.A., a French company registered with the RCS Paris under the SIREN code number 950571224 and with registered office at 1 rue de Stockholm, F-75008 Paris (France), which is specialised in international trade and provides all services available from time to time on the Platform.

 

Your use of the Platform and/or any of its contents, regardless of their type or form, shall in no case involve any waiver, transmission, license or transfer, whether in whole or in part, of the mentioned intellectual property rights. You are granted a right to use the Platform and its contents and/or services for the purposes of information and management of the services provided by Us and in accordance with the Terms, together with any other documents referred to herein or applicable to any of such services available through the Platform.

 

References to Santander Trademarks, as well as any brands, trademarks, logos or distinctive signs of any third person outside the Santander Group or trade names or other signs in the Platform, including any Main Section, carry the implicit prohibition regarding their use without Our consent or that of their lawful holder. Access, navigation and use of the Platform does not grant You any right over such Santander Trademarks, as well as any brands, trademarks, logos or distinctive signs of any third person outside the Santander Group or commercial names, including logos.

 

We expressly reserve all intellectual property rights over the Platform and its contents and services. Particularly, We do not allow modification, copy, reproduction, communication, transformation or distribution in any media or form, in whole or in part, of the Platform or any of its content for any public or commercial purpose, except under Our prior, explicit and written authorization.

 

Moreover, it is forbidden to remove or manipulate copyright indications or any other credit that may identify Platform content right holders, as well as technical protection devices, digital prints or any protective mechanism or information incorporated to the Platform.

 

In the event that You submit or send Us information of any kind through the Platform, You acknowledge, warrant and accept that You have the necessary rights to do so, and that such information does not infringe intellectual property rights of any third party, and that such information is not confidential or detrimental to third parties. In this sense, You grant us a licence to use the information provided through the Platform, as necessary in order to provide You the requested services and/or contents.

 

You acknowledge and accept that You will be liable for the information that You provide, including its accuracy, and shall indemnify Us and hold Us harmless for all damages, losses and costs (including, but not limited to, reasonable attorney fees and costs) related to all third-party claims, charges and investigations caused by: (i) Your failure to comply with these Terms, including, without limitation, Your submission of information, data or materials of any kind that violate third-party rights or applicable laws; (ii) any content You submit to the Platform, and (iii) any activity in which You engage on or through the same.

 

If You suspect or are informed about the existence of any illicit or illegal content, including content that could infringe intellectual property rights of third parties, please notify Us through the following e-mail address in order to ensure that we can take appropriate measures: assistance@santandertrade.com.

 

We reserve the right to refuse or delete any content from the Platform or to terminate a Member’s account in accordance with Section 6 Termination of these General Terms.

 

Similarly, if You consider that the Platform or any Main Section infringes Your own intellectual property rights, or any other rights, please send Us an e-mail to the address indicated above, with the following information:

 

  • Identification of the claimant and its representative, including contact information.
  • Relevant documentation that supports Your claim, identifying the holder of the infringed rights.
  • Detailed account of the rights that have been supposedly infringed by Us or any of Our users, as well as their precise location within Our Platform.
  • An express statement declaring that the content has been used without consent from its right-holder.

 

3. HYPERLINKING.

3.1 LINKS TO OTHER WEBSITES.

In the event that the Platform, including any of its Main Sections, displays hyperlinks to other websites by means of buttons, links, banners or embedded content, We inform You that, unless otherwise specified, these are managed and under the control of the relevant third parties. We have no control or means, whether technical or human, to monitor, control or approve the information, contents, products or services provided by other platforms that may be linked from the Platform. In any case, such hyperlinks may not be taken as Our indication or recommendation to visit the linked websites in any way.

 

Consequently, We cannot be held liable for any aspect of the linked website, including, but not limited to, its performance, access, data, information, quality, reliability of products and services, any links available in the website and/or any of its contents in general.

 

In this respect, if You have factual knowledge that third parties are engaging in illegal or immoral activities through any of these websites, You should immediately notify Us in order to remove the relevant hyperlink from the Platform.

 

In any case, the establishment of any kind of hyperlink in the Platform to another website does not imply any type of relationship, collaboration or dependency between Us and the owners of the third-party website.

 

3.2 LINKS TO THE PLATFORM FROM OTHER WEBSITES.

We do not allow linking to the Platform, including any of its Main Sections, from websites that include content or information that is in any way illicit, illegal, degrading or obscene, or that in general contravene the law, morality, public order or generally accepted social standards.

 

We have no control nor human or technical resources to access or approve the information, contents, products and services provided by other websites that may establish links to Our Platform. We shall not be liable for any aspects related to the website that contains the link, including, but not limited to, aspects relating to its operation, access, data, information, reliance and quality of its products and/or services, its own links and/or any of its contents in general. The existence of any links to Our Platform does not imply any type of relationship, collaboration or dependency between Us and the owners of the third-party website.

 

4. USE OF THE PLATFORM.

It is expressly forbidden to use or access the Platform, including any of its Main Sections, for illegal or non-authorised purposes. In particular, the following actions are not allowed:

 

  1. Use of the Platform in any manner that may cause damages, interruptions, inefficiencies or defective functioning of the Platform or the device of a third party;
  2. Use of the Platform for the transmission, installation or publication of any virus, malicious code or any other harmful file designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or system;
  3. Use of the Platform for the collection of personal data;
  4. Use of the Platform in any unlawful manner or in a manner which promotes or encourages illegal activity;
  5. The unauthorised access to any section of the Platform, to any systems or networks connected to the Platform, or to the server/s used by Us or Our provider/s, as well as access to the products and/or services offered through the Platform through piracy or hacking, password mining or any other illegitimate means;
  6. The breach or the attempt to breach the security or authentication measures of the Platform or any network that is connected to the Platform, as well as the security or authentication measures associated to the content that is hosted in the Platform;
  7. Performing an action that may cause an unnecessary or disproportionate load on the Platform, or which may damage, disable or overburden its infrastructure, or the systems and networks used by Us or Our provider/s, as well as the systems and networks connected to the Platform;
  8. Carrying out any action that causes a disproportionate or unnecessary saturation in the Platform or in the systems or networks used by Us or Our provider/s, as well as in the systems and networks connected to the Platform.

 

Failure to comply with any of the aforementioned obligations may entail the application of any measures that We may deem necessary or merely convenient, without the obligation to compensate You for any damages which may arise as a result.

 

In any case, You expressly accept that users of the Platform are the only ones responsible for the use of the Platform and its contents.

 

We expressly reserve the right to suspend, block, modify, restrict or temporarily or permanently interrupt Your access, navigation and/or use of the Platform, with or without prior notice, if We notice that You are infringing any of the provisions detailed in the Terms or any other applicable terms.

 

5. REPRESENTATIONS AND WARRANTIES. OUR LIABILITY.

We cannot warrant the reliability, usefulness and veracity of all the information, services and/or content available on the Platform, nor the usefulness or veracity of the documentation provided therein. As a consequence, We cannot warrant and shall not be liable for:

 

  1. The continuity of the contents and services available on the Platform;
  2. The absence of errors on the Platform and/or its services;
  3. The absence of virus and/or any other damaging components in the Platform or the server providing the Platform;
  4. The invulnerability of the Platform or the security measures adopted;
  5. Possible security errors or breaches that may be caused as a consequence of Your access to the Platform using an infected device;
  6. Third party breaches that may affect You and other users of the Platform, and any other websites and/or systems operated by Us;
  7. The lack of usefulness or the malfunction of any of the contents of the Platform;
  8. The damages or losses caused by any person who violates the Terms, whether caused to themselves or to third parties;
  9. Intellectual property infringements by third parties;
  10. Use by third parties of elements owned by Us that may be deceptive as to such third parties’ identification;
  11. Delays, erasure, erroneous delivery or failure to save communications from You or personal configurations of the Platform;
  12. Decisions taken by You as a result of information provided through the Platform, nor any damages caused to You or third parties as a consequence of actions taken based solely on information contained in the Platform;
  13. The content of Your communications sent via the Platform, the use of which is subject to all applicable laws and regulations;
  14. Damages caused to Your equipment or that of third parties during Your use of the Platform;
  15. Damages of any nature that may arise from the access or use of the contents of the Platform;
  16. Failures in the functioning of the Platform or of any of its services as a result of circumstances beyond Our reasonable control;
  17. Consequences arising from a defective functioning of Your web browser or the use of outdated versions of the same;
  18. The illicit, negligent, fraudulent use of the Platform or its contents or services by its users, or any use that is contrary to the Terms, good faith and/or public order;
  19. Damages of any kind caused to You as a result of failures or disconnections of telecommunications networks or any other electronic systems that cause a suspension, cancellation or interruption of the services and/or which affect the availability of the Platform, at any time.

 

Additionally, We shall in no case be liable for any losses or damages of any kind arising, directly or indirectly, from Your failure to read these Terms. You, as a Registered User, are sole liable for any losses and damages of any kind arising from the transmission, diffusion, storage, availability, reception, obtention or access to the Platform and for all Your actions within or related to the same.

 

We reserve the right to deny access to a service for any reason and/or to interrupt the service, whether in whole or in part, at any time and without prior notice.

 

Access to the Platform does not imply any obligation by Us to control the absence of virus or any other damaging component. It is Your responsibility, in any case, to equip Your systems and devices with appropriate tools to detect and disinfect such damaging components.

 

Notwithstanding the above, We have adopted all necessary measures, within Our reasonable control and possibilities and within state-of-the-art, to warrant the functioning of the Platform and to reduce system failures to a minimum, both from a technical perspective and regarding the contents published on the Platform.

 

We cannot warrant the reliability, lawfulness and usefulness of the contents provided by third parties through the Platform. If You become aware of the existence of any content that is illegal, unlawful or which infringes third party rights, please notify Us immediately so that appropriate measures can be taken.

 

We shall not be liable for the veracity, integrity or outdated characteristics of the information published on the Platform by sources other than Us. This also applies to information contained in other platforms or websites that are linked to from the Platform. We shall not be liable for any damages that could be caused by the use of said information.

 

We shall not be liable for any delay or failure to comply with Our obligations under these Terms if the delay or failure arises from any cause that is beyond Our reasonable control, such as: force majeure, problems when accessing the Internet, technological problems beyond Our diligent and reasonable management, actions or omissions of third parties, amongst others. In all the aforementioned cases, which are beyond Our reasonable control and due diligence, there will be no compensation for You for damages or losses, to the extent permitted by applicable law.

 

You agree to indemnify Us and hold Us harmless for all damages, losses and costs (including, but not limited to, reasonable attorney fees and costs) related to all third-party claims, charges and investigations caused by: (i) Your failure to comply with these Terms, including, without limitation, Your submission of content that violates third-party rights or applicable laws; (ii) any content You submit to the Platform, and (iii) any activity in which You engage on or through the Platform.

 

6. TERMINATION.

We reserve the right to terminate Your account and Your access to the Platform at any time when We determine, suspect or confirm that Your use of the same, or any of the tools, information and/or resources made available through the Platform, constitute a breach or non-compliance of these Terms, the Law or generally accepted moral and social standards.

 

Termination by Us, whether for convenience or cause, shall not entitle You to compensation of any kind, and We shall not be liable to You or any other third party for such termination.

 

You may also choose to cease using the Platform voluntarily, at any time, whether for convenience or following any issue related to the Platform; in which case You may request for deactivation of Your account using the means provided by Us on the Platform to this effect. Deactivating Your account shall be Your sole and exclusive remedy for any claim related to the Platform and Us in relation with the same.

 

You expressly acknowledge and accept that deactivated accounts, whether for convenience, for cause or as a consequence of termination by Us, are not necessarily deleted. We may, at our discretion, choose to delete Your account following deactivation, and We shall not be liable to You or to any third party for this circumstance.

 

7. DATA PROTECTION.

All the personal data provided by You during Your use of the Platform will be processed and used by Us in accordance with our Privacy Policy https://santandertrade.com/en/club/data-privacy, which must be expressly accepted by You in order to be allowed to use the Platform.

 

8. MISCELLANEOUS.

The headings contained herein are merely informative and do not affect, qualify or encourage interpretation of the Terms. We may modify terms and conditions established herein, in whole or in part. The changes will be published on the Platform similarly to how the Terms are made available to You.

 

If You breach these Terms, We may suspend or restrict Your use of the Platform, and may even cancel Your assigned user automatically and without prior notice, and such actions shall not entitle You to any kind of compensation. We may inform and collaborate with the competent authorities if We detect any infringement of applicable law or if We suspect that You are committing any criminal offence.

 

Similarly, in the event that You breach these Terms and We take no action against You, We will not be considered to have waived Our rights in respect of Your breach and We shall still be entitled to use Our rights and remedies in any other situation where You breach the Terms.

Specific products and/or services available on the Platform may be governed by their own terms and conditions, as available. In such cases, such other terms and conditions shall take precedence over these Terms, which shall only complement and complete the former.

 

If any of the Terms is disallowed or found to be ineffective by a competent court or regulator, such ineffectiveness shall not affect the remaining provisions, which shall continue to apply.

 

9. GOVERNING LAW AND JURISDICTION.

This Platform, including Your use of the same, and particularly these Terms shall be subject to and interpreted and enforced in accordance with Spanish law.

 

For all disputes, actions or claims that may arise regarding the interpretation and application of these Terms, You and We agree to submit to the exclusive jurisdiction of the Courts of the city of Madrid (Spain), with express and voluntary waiver to any other jurisdiction.

 

 

IV. SANTANDER TRADE MARKETS.

Your use of this Main Section of the Platform shall be governed by the Specific Terms hereby stated and the previously detailed General Terms. Where there is a conflict between the provisions of the Specific Terms and the General Terms, the Specific Terms shall supersede the conflicting provisions of the General Terms and apply to Your use of this Main Section, and only as to Your use of the same.

Capitalised terms that are not expressly defined in this chapter regarding the Santander Trade Markets shall have the meaning ascribed to them in the general provisions of these Terms above.

 

1. ABOUT SANTANDER TRADE MARKETS.

Santander Trade Markets is a non-transactional online section offered by Us as part of Our Santander Trade services, by means of which You will be able to browse the Platform and search for certain information (which in any case will be merely informative) from different databases and tools available on Our Platform, supplied and managed by Export Enterprises.

 

The information available from time to time in Santander Trade Markets will mainly refer to economic, market, customs and regulation information in order to help You do business at the international level. Content of this Main Section is divided as follows:

 

  1. Analyse Market Trends, where You can collect market information and select the most promising target countries for Your products and services.
  2. Reach Out Business Counterparts, where You can identify new business opportunities using databases of importers and exporters worldwide.
  3. Manage Shipments, where You can optimize customs procedures, costs and trade compliance for Your international shipping.
  4. Currency Analysis, where You can analyse currency markets, manage exchange rates and minimize risks.
  5. Bank With Us, where You can make the most of Your available capital and find solutions to trade at an international level.
  6. Establish Overseas, where You can learn how to operate a business abroad and manage international investments.

 

2. DEFINITIONS.

“Company” means any company represented by users of the Santander Trade Markets. Each Company may be represented by several users who are natural persons duly authorised by the corresponding Company to act by and on its behalf.

“Content” means the economic, market, customs and regulation information as well as any content in general posted on the Santander Trade Markets and all communications by and between You and EE via the Santander Trade Markets.

“EE” or “Export Enterprises” means Export Enterprises, S.A., a French company registered with the RCS Paris under the SIREN code number 950571224 and with registered office at 1, Rue de Stockholm, Paris (France). Export Enterprises is a company specialised in international trade which administers the Platform and provides any and all services available therein. The reference to “services” includes “personalised services”, which are governed by the specific conditions of use of each one of them and described below.

Estimate/Quote” means the document or fee sent by EE to the Company through an e-mail to the authorised User, in which the Company is informed of the price, conditions and waiting time for the provision of a particular service upon the User’s request. Each Estimate/Quote contains a hyperlink to the EE general conditions of use.

Personalised Services” means those services which require the provision of certain information in order to provide Users with those services. In this sense, Users will have to select the relevant service and submit the required information to formulate the specific request by means of a click. With the request and/or confirmation of the request of a Personalised Service, the User expressly accepts the applicable Specific Terms, as well as the General Terms, without any reservation, thus formalizing the relationship with EE. Export Enterprises, S.A. reserves the right to change or amend the terms and conditions set out herein without prior notice.

“Registered Users” means individuals who have registered to use the Platform through a specific form and, in doing so, have provided the required personal and professional information and are duly authorized to access on behalf of the Company to which they belong. Registered Users have access to all content and services on the Platform, except where expressly provided otherwise by any provision of the General Terms or the Specific Terms.

“Santander Trade Markets” means the Main Section of the Platform, offered by Us and managed by Export Enterprises, that serves as a set of databases and informative tools with the aim to help Users do business worldwide, as well as to explore export markets.

Santander Trademarks” means any and all brands, registered trademarks or distinctive signs of BANCO SANTANDER, S.A. and/or any of its subsidiaries or companies within its Group.

User” means any natural person that accesses or uses the Santander Trade Markets by and on behalf of a Company, provided that he is duly authorised to do so by the corresponding Company, and without being a Registered User.

 

3. ACCESS TO SANTANDER TRADE MARKETS.

In order to access the Santander Trade Markets, You acknowledge that You must comply with the specific requirements applicable to each Content available in the Santander Trade Markets and which are detailed below.

 

In certain cases, access will be free of restrictions (where You may access the relevant tools as a visiting User) but, in other cases, You will need to be a Registered User, and even a Santander client (for example, in order to request any Personalised Services), in accordance with the provisions to that effect in the General Terms.

 

For avoidance of doubts, those Registered Users that are Santander clients will have access to all Contents, databases, tools and Personalised Services offered by Us through Santander Trade Markets. For such purpose, those Registered Users will have to access to Santander Trade Markets through their online bank service (that is, the Platform’s supernet) or through log in in santandertrade.com.

 

4. USE OF SANTANDER TRADE MARKETS AND CONTENTS.

Santander Trade Markets, its Contents and any information related to thereof are made available and managed directly by Export Enterprises, S.A., which is specialised in international trade and provides all services available from time to time on the Platform, under agreement with Us. Santander Trade Markets is made available to You for informational purposes only.

 

You acknowledge and accept that EE’ business opening hours are from Monday to Friday between 9:00 am and until 18:00 pm (time zone reference: GMT+1).

 

When You desire to be provided with certain specific information in Santander Trade Markets and to that effect You request a Personalised Service, You acknowledge that EE may not be able to process Your request until, at least, forty-eight (48) hours later, thus You should not expect to receive the requested information before that term. The specific period of time between the moment when You request and EE provides You with the desired information depends on the specific request. You acknowledge and accept that We, including EE, make no warranties with regards to any specific term in this regard.

 

In any case, the provision of the Personalised Service is dependent on Your full compliance with any and all Terms of the Platform. In the event that We believe or EE believes that Your use of the Contents available from time to time in this Main Section is contrary to the Terms of the Platform (including the General Terms and the corresponding Specific Terms), We and EE reserve the right to limit or restrict the response to Your proposed request. Likewise, We reserve the right to make some or all of the Contents available in Our Santander Trade Markets restricted to Registered Users only, at Our discretion and based on criteria stated in these Terms at any time.

 

You understand, acknowledge and accept that any use You make of any Contents and materials made available on this Main Section of the Platform is at Your own risk, and neither We nor Export Enterprises, S.A. are responsible for the Content of the Platform and any particular content or service, including the Personalised Services, made available to You on the same. Moreover, We shall in no case be liable to You for the accuracy of any information provided by any third-party as a consequence of Your use of any Content available in this Main Section.

 

Likewise, You acknowledge and accept that, in some cases, access and/or use of any or all of Our Santander Trade Markets Contents will be free of charge or subject to an Estimate/Quote. In the latter cases, the price may be shown directly on the reserved area of the corresponding service on the Main Section (fixed-price services) or may be sent to You by email (Estimate/Quote). The prices include all applicable taxes, but in no case will include shipping costs.

 

With the request and/or confirmation of the request of a Personalised Service the User expressly accepts the applicable Specific Terms, as well as the General Terms, without any reservation, thus formalizing the relationship with EE.

 

The Estimate/Quote sent to You, as a Registered User, will be valid for a period of up to two (2) months from its issuance by EE, which will include the corresponding invoice. In case You finally accept the Estimate/Quote, You will have to pay the economic amount of the corresponding invoice by (credit) card. Otherwise, if EE does not receive the corresponding sum within the aforementioned period of time, You will be deemed to have withdrawn Your request. Once payment has been received from EE, it will initiate the research request made by You.

 

You expressly acknowledge and accept that the response times or deadlines indicated by EE are only estimates, although EE will make its best efforts to comply with the estimated deadlines. However, neither EE nor Us will be liable if the deadlines are not ultimately fulfilled. We make no warranties, and EE offers no warranties, with regards to specific deadlines.

 

Similarly, EE reserves the right to reject any application from a Company if it is unable to process or execute such application by only using its personal and material resources. In such event, EE will promptly notify the Company of its rejection by email after the application has been submitted and accepted by the pertinent Company. Likewise, if EE is unable to meet the Company’s requirements while its application is being processed, EE also undertakes to promptly notify the Company of such circumstance.

 

In the event that EE abandons the research for any reason whatsoever, the price paid by the Company will be refunded in full, without the Company having the right to claim compensation of any kind for such circumstance. Obtaining a refund will be Your and the Company’s sole remedy for this circumstance.

 

The response to the application raised by the Company will be sent by email to the electronic address indicated in the ID form. Receipt of the response shall be understood as proof of receipt of the service requested from EE.

 

In the event that any response to a query must be sent by postal mail, the Company shall be responsible for all costs involved (including shipping costs).

 

In any case, We shall not be liable for typographic errors nor for Your computer or software failure during Your access or use of any of the Contents available from time to time in Our Santander Trade Markets.

 

You may send any complaint or comment You may have about the Contents or other services provided by EE, in writing, to the following postal address Export Entreprises, 240 rue de Rivoli F-75001 Paris | France or by email to the following address managed by Export Enterprises: community-manager@santandertrade.com.

 

​​​​​​​4.1 ANALYSE MARKET TRENDS.

Market analysis tools allow Users to search industry and country information, as well as some tailored services in order to support Your global ambitions.

 

Particularly, this section includes information regarding: (i) the best countries for doing business by means of a map which displays a series of key indicators; (ii) import and export flows of specific products between two countries; (iii) details of the import or export volumes for a specific product in any country of the world; (iv) an export calculator; (v) target market information scanner; (vi) market trends, and (vi) access to approximately 25,000 market reports.

 

This section also includes, as a Personalised Service, the possibility to create an industry alert with the features You freely decide, which will be notified by EE where appropriate through the e-mail provided by You at the time of registration in the Platform.

 

All the above aim to help You discover the economy, politics and trade profiles of more than 190 countries in order to select the most attractive territories for Your business.

 

You acknowledge and agree that, unless expressly agreed otherwise in these Terms or directly in the Platform, the Contents available from time to time in this section are of restricted access, so they will be available only and exclusively to Registered Users, as specified in the General Terms, and to which effect the provisions of the General Terms will be fully applicable. Similarly, certain Contents (such as the Personalised Services available in this section) may be available only and exclusively to Santander clients, so You may not be able to access and use them if You are not a current Santander client.

 

Likewise, You also acknowledge and accept that those services related to target market information scanner, as well as market trends, are for a fee to be established at EE’s discretion depending on the specific request.

 

​​​​​​​4.2 REACH OUT NEW BUSINESS COUNTERPARTS.

This section contains databases to help You identify new potential partners and verify their stability, as well as find tenders worldwide.

 

For finding new business counterparts, You will be able to: (i) find importers in key countries (such as Latin America in general, China, India, Russia, the United States and United Kingdom, amongst others); (ii) find suppliers worldwide; (iii) access business directories; (iv) access online marketplaces directories; (v) blacklisted companies; (vi) search for international trade shows, professional associations and a large number of private and public tenders opportunities, and (vii) access potential client lists and buy individual company financial reports (for which You need to be a Registered User and pay the corresponding fees).

 

For the purpose of verifying business counterparts, You will be able to access financial reports and blacklisted companies and vessels. This information is for Your guidance only and does not substitute an in-depth analysis and evaluation of any company or business counterpart’s actual situation. We offer no warranties regarding the reliability, suitability, accuracy, validity and fitness for any particular purpose of such information.

 

This section also includes, as a Personalised Service, the possibility of creating a list of trade contacts, as well as a service for the sale of individual company financial reports.

 

You acknowledge and agree that, unless expressly agreed otherwise in these Terms or directly in the Platform, the Contents available from time to time in this section are of restricted access, so they will be available only and exclusively to Registered Users, as specified in the General Terms and to which effect the provisions of the General Terms will be fully applicable.. Similarly, certain Contents may be available only and exclusively to Santander clients, so You may not be able to access and use them if You are not a current Santander client (such as the Personalised Services available in this section).

 

Likewise, You also acknowledge and accept that services related to financial reports as well as to potential clients lists are for a fee to be established at Our discretion depending on the specific request.

 

​​​​​​​4.3 MANAGE INTERNATIONAL SHIPMENTS.

This section contains different tools that may be helpful for You to safely ship Your goods worldwide and hence organise shipments overseas. Particularly, this section includes online services that may help You comply with customs, standards and local regulations, as well as calculate and optimise shipping costs.

 

In this sense, and regarding trade compliance, this section includes information related to: (i) shipping documents; (ii) import and export controls; (iii) labelling rules, and (iv) trade compliance standards. Regarding customs calculation, this section includes information related to: (i) customs duties; (ii) export price calculator; (iii) landed cost calculator; (iv) measurement converter; (v) HS customs classification, and (vi) local customs classification.

 

You acknowledge and agree that, unless expressly agreed otherwise in these Terms or directly in the Platform, the Contents available from time to time in this section are of restricted access, so they will be available only and exclusively to those Registered Users, as specified in the General Terms and to which effect the provisions of the General Terms will be fully applicable. Similarly, certain Contents may be available only and exclusively to Santander clients, so You may not have access nor be able to use them if You are not a current Santander client.

 

Likewise, You also acknowledge and accept that services related to labelling rules as well as to standards of trade compliance are for a fee to be established at Our discretion depending on the specific request.

 

​​​​​​​4.4 CURRENCY ANALYSIS.

This section contains online services with information regarding the value of more than 147 currencies, as well as a converter or information about the exchange rate, records of average rates over recent years, exchange rate regime and level of instability of any of such currencies.

 

All the above with the purpose of You hedging against any currency risks.

 

​​​​​​​4.5 BANK WITH US.

This section contains information about Our international services and products for Your international operations.

 

In this sense, Our bank helps companies to expand worldwide, assisting them with incoming and outgoing payments and with setting up abroad. By means of this section, We offer You a global reach not only in the area of international transactions (this is, incoming and outgoing payments) but also in expanding Your business worldwide.

 

Particularly, this section includes, regarding banking solutions in Spain, information about: (i) payment and collection; (ii) financing; (iii) risk coverage; (iv) solutions; (v) local international desk, and (vi) local commercial network.

 

Regarding international trade guide, this section includes information about: (i) payment means; (ii) financing operations; (iii) risk management; and (iv) Incoterms 2010.

 

​​​​​​​4.6 ESTABLISH OVERSEAS.

This section contains information related to resources and services useful for Your investments. In this sense, within this section You may find information that may be helpful when creating, running and operating a company abroad. Likewise, You may find practical tips for setting up in a new country.

 

For such purposes, this section includes country information so You can discover legal environments, tax systems and business practises before launching a company in any of the listed 190 countries. Likewise, You can get information on foreign investments and expatriation.

 

Regarding banking services by Us worldwide, You can get a full range of practical information and Personalised Services to assist You with setting up a company abroad.

 

5. GENERAL RULES OF CONDUCT.

By registering to access any Content of Santander Trade Markets, You agree to comply with these rules of conduct and, particularly, You acknowledge and accept that Santander Trade Markets is a set of databases and informative tools that we offer our Users and Registered Users to hopefully help them do business worldwide, as well as to explore export markets.

 

You will be liable for any use that You may make of any Content available from time to time in this Main Section. In this sense, this Main Section is provided solely with informative purposes. By using this Main Section, You warrant that You will not use the Contents for any purpose that is or should be deemed to be unlawful or prohibited by the Terms.

 

You are aware that the Contents available in Santander Trade Markets may not have been reviewed or edited by Export Enterprises at the time You read them.

 

Users (including Registered Users) must have broad authority and enough power to act by and on behalf of their Companies for the purposes stated herein.

 

Registered Users are wholly and solely responsible for maintaining the confidentiality of their access credentials to the Platform and to Santander Trade Markets, being wholly and solely liable for all activities occurring hereunder.

 

Neither Us nor Export Enterprises shall be held responsible for the lack of response to a specific application. Likewise, We shall not be held liable for any loss or damage arising from a User’s failure to comply with these Specific Terms.

 

The Contents offered in this Main Section do not substitute legal, financial and business advice, which each User or Registered User should seek individually from local advisors to analyse their specific scenario. The Contents are simply offered as guidance tools. Your use of the information on the Platform is at Your own risk and We offer no warranties regarding the same and will not be liable for any consequences, claims, losses or damages arising from Your use of such information.

 

6. INTELLECTUAL PROPERTY.

All intellectual property rights over the Contents, Santander Trade Markets and any other content related to this Main Section that take place or which are made available on the Platform, including, but not limited to, texts, photographs or illustrations, logos, brands and/or Santander Trademarks, graphs, designs, data and other materials displayed or made available on the Contents, are owned by Us or have been licensed to Us accordingly by their corresponding owner (including EE).

 

Use of the Santander Trade Markets and its Contents is limited to Your personal use only, and may not be copied, distributed, made available, communicated, sublicensed, transferred or otherwise divulged to third parties for commercial purposes or financial gain, or use the same in any other media or location. Santander Trade Markets and its Contents, including any other contents related to the same, are exclusive for Registered Users on the Platform, unless expressly stated otherwise in these Terms or on the Platform itself.

 

Your use of Santander Trade Markets and its Contents shall in no case involve any waiver, transmission, license or transfer, whether in whole or in part, of the mentioned intellectual property rights. You are granted a right to use Santander Trade Markets and its associated Contents only as set forth in these Terms and, particularly, for internal purposes. Failure to comply with this provision will result in the User account and ID related to such account being suspended, without prejudice to the right of EE to claim due compensation for any damages caused.

 

Modification, copy, reproduction, communication, transformation or distribution of Santander Trade Markets and its associated Contents, in any media or form, in whole or in part, for any public or commercial purpose, is expressly prohibited, except under Our prior, explicit and written authorization.

 

Moreover, it is forbidden to remove or manipulate copyright indications or any other credit that may identify content right holders, as well as technical protection devices, digital prints or any protective mechanism or information incorporated to the Platform in order to protect the Santander Trade Markets and their associated Contents.

 

You acknowledge and accept that You will be liable for the information that You provide, including its accuracy, and shall hold Us harmless from any claim arising from the use of such information.

 

We reserve the right to refuse or delete any content from the Platform or to terminate a Member’s account in accordance with Section 6 Termination of the General Terms.

 

7. LIMITATION OF LIABILITY.

By accessing Santander Trade Markets, You accept that We are not liable for any system failure that may delete or fail to transmit or store any communications or Content available from time to time in Santander Trade Markets.

 

You acknowledge and accept that Your use of Santander Trade Markets is at Your own risk. Therefore, neither Us nor Export Enterprises or other providers and partners make any representations that the Contents contained in Santander Trade Markets are appropriate or authorized for use by all States or any other professional membership or credentialing organizations. If a User chooses to access a specific Content, he does so on his own initiative and risk, being solely responsible for compliance with any and all applicable laws.

 

You acknowledge and accept that the Contents are for general informative purposes and are not intended to provide You with legal, financial or business advice or counsel. Neither Us nor Export Enterprises make no warranty regarding the accuracy of the Contents and assume no obligation to update any of the Content or any other information contained therein.

 

You acknowledge that We merely provide Companies with the access to Our Santander Trade Markets. Separately, EE supplies the Contents available from time to time in the Platform and any other Personalised Services You may require, for which EE is fully responsible. Therefore, any incidents relating to the Contents or any Personalised Services must be resolved directly between You and EE. Under no circumstances shall We be held responsible for any such incidents.

 

Without prejudice to the foregoing, EE agrees to use its best efforts and all personal and material resources at its disposal in order to provide complete, updated and reliable information. In any event, taking into account the existing difficulties in accessing certain information resources, the disparity of resources, the delays, absences or lack of publications, advertising, translation or updating of such information, as well as the regulatory uncertainty or variety, including in general all the standards concerned, any and all responses, Contents and information supplied by EE are provided merely for informative purposes and cannot under any event engage the liability of EE or its partners or agents if such information or responses prove to be incomplete, inaccurate or obsolete.

 

If EE is deemed to be responsible for any proven error while supplying information under this Main Section, the Company cannot claim any compensation other than reimbursement of the price paid, if any, for the provision of a service or information.

 

In any case, You acknowledge that Contents are published merely for informative purposes and are published as they have been provided by the relevant source.

 

In line with the foregoing, Companies and their Users (including Registered Users) are solely responsible for any queries or requests raised within the framework of this Main Section, as well as the use they make of the information and responses obtained. We and EE undertake to keep confidential any queries that You may raise within the framework of this Main Section.

 

Finally, neither We nor EE shall be liable in the event of force majeure or, in general, in any event which is beyond the exclusive or reasonable control of Us or EE that may prevent or hinder access to the Santander Trade Markets or the provision of any of the services included in the Contents. If such event lapses for a period of thirty (30) consecutive days, either party may terminate the existing contract.

 

 

 

V. TRADE CLUB.

Your use of this Main Section of the Platform shall be governed by the Specific Terms hereby stated and the previously detailed General Terms. Where there is a conflict between the provisions of the Specific Terms and the General Terms, the Specific Terms shall supersede the conflicting provisions of the General Terms and apply to Your use of this Main Section, and only as to Your use of the same.

Capitalised terms that are not expressly defined in this chapter regarding the Santander Trade Club shall have the meaning ascribed to them in the general provisions of these Terms above.

 

1. ABOUT SANTANDER TRADE CLUB.

Santander Trade Club is a non-transactional online community offered by Us, supplied and managed by Export Entreprises, as part of Our Santander Trade services, that serves as a point of discovery and contact between Members regarding their respective Companies.

 

In order to access the Santander Trade Club, You must be a Registered User and a Santander client (or client of any of Our Partner Banks). Members of the Santander Trade Club are those Registered Users who have a Premium account, which means that they are Santander (or Partner Bank) clients and We have already verified this condition, granting them full access to the Platform.

 

2. DEFINITIONS.

“Business Card” means a virtual card that presents to Members the key details of a Company in the Directory Listing Pages. The Community Manager may edit or remove elements from the Business Card as deemed necessary.

“Business Card Data” means the Company information that: (a) is available to Us due to the Company being a Santander client, and (b) is input by Members on the Santander Trade Club by filling out forms. Information input by Members constitutes the Extended Business Card of each Company, which can be consulted by clicking on “discover more” on the respective Business Card. The Community Manager can edit or remove elements from the Extended Business Card if he may deem necessary without prior notice.

“Community Manager” means the natural or legal person or persons to whom We assign the role of managing the Santander Trade Club. The Community Manager helps build, grow and manage the online community of Santander Trade Club.

“Company” means a company that has been listed in the Santander Trade Club by the respective user, who represents the Company. Each Company may be represented by several users, who are natural personas authorised by the Company to act on its behalf.

“Content” means the Business Card Data, Messages, content in general posted on the Santander Trade Club by Members and all communications by and between Members via the Santander Trade Club.

“Directory Listing Pages” means any and all result pages that can be obtained after a search within the directory.

“EE” or “Export Enterprises” means Export Enterprises, S.A., a French company registered with the RCS Paris under the SIREN code number 950571224 and with registered office at 1, Rue de Stockholm, Paris (France). Export Enterprises is the Community Manager of Santander Trade Club.

“Member” means a Registered User customer of Banco Santander holding a Premium account, who has created a Business Card in the Santander Trade Club or helped feed a Company’s Business Card with additional Business Card Data. Each Member acts on behalf of their Company, having been authorised to do so by the latter.

“Messages” means any message sent by a Member to another Member via the Santander Trade Club. Any Member can send a Message to any other Member.

“Opportunities” means the selection of potential counterparts for each Company Member that can be consulted in the respective “Opportunities” section within the Santander Trade Club. This selection is automatically generated through an algorithm which customises the selection for each Member, based on their interests and profile. Additionally, Members may specifically request specific Opportunities (e.g. based on specific markets, countries, etc.) to the Community Manager, We name this manual selection “Selected Opportunities”. At any given time, We may include other companies that are not registered in Santander Trade Club but which We consider may be of interest to Members. The Business Card Data made available regarding these companies may not be as complete as the Business Card Data for registered Companies, and contact tools within the Santander Trade Club may be limited. You can add to Your contact list and as soon as they become Club Members you will be notified.

“Partner Banks” means banks worldwide that have been selected by Us to participate in the Trade Club Alliance and whose admission has been agreed by the rest of the member banks for complying with the required quality standards.

Trade Club Alliance (TCA)”: The TCA is an initiative spearheaded by the Santander Group aimed at creating a trustworthy digital community where trust-worthy companies can find valued partners with capacity to carry out cross-border business.

Santander Trademarks” means any and all brands, registered trademarks or distinctive signs of BANCO SANTANDER, S.A. and/or any of its subsidiaries or companies within its Group.

“Promotional Messages” means any message from Us, Our Partner Banks and/or Vendors, through which any of these subjects offers their services to Members.

“Registered Users” means individuals who have registered to use the Platform through a specific form and, in doing so, have provided the required personal and professional information. Registered Users have access to all content and services on the Platform as a premium account (detailed in the General Terms, paragraph 1 – “Access and Registration”).

“Santander Trade Club” (STC) offered by Us and supplied and managed by Export Enterprises, that serves as an online business community for Santander clients and certain Partner Bank clients worldwide, where they can connect and engage between themselves.

“Vendors” means any B2B company offering international trade services that has been selected by Us to offer such services to Members within the Santander Trade Club and via Promotional Messages.

 

3. ACCESS TO SANTANDER TRADE CLUB.

As described above, in order to access the Santander Trade Club, You must be a Registered User on the Platform (or apply for registration) and a Santander client.

In this sense, when You register, as described in the General Terms, You will initially be granted with access to the Santander Trade Platform regardless of whether You are a Santander client or not. Once We confirm you are a Santander customer and fulfil the quality requirements to become a Club Member, you will be granted to access to the Santander Trade Club.

 

Please be aware that this verification may take some time. Although We will make Our best efforts to speed up the verification process, We cannot warrant that this process will be carried out within any particular timeframe and We shall not be liable to You, the Company or any other third-party for any claimed delays in verifying Your condition as Our client .

 

4. USE OF THE SANTANDER TRADE CLUB.

Within the Santander Trade Club, Members can access contact information (Business Card Data) for Companies of their interest and exchange Messages with other Members to set up potential business opportunities between them.

 

In order to enable this purpose, We have made available the necessary tools that allow Members to engage between them and to access Business Card Data for Companies of their potential interest.

 

These tools include a private message exchange system that allows Members to send Messages to other Members to potentially set up business opportunities between them and an Opportunities wall that, for each Member, displays those Companies that may be of their interest given their profile.

Additionally, Members may receive Promotional Messages from Us, Our Partner Banks and Vendors.

 

​​​​​​​4.1 OPPORTUNITIES.

The Santander Trade Club is set up to help Members easily find potentially interesting Companies. In this sense, We have enabled a tool that suggests a series of Opportunities to each Member, that is, Companies that, due to their location, market operations, sector, activity and interests, amongst others, may be of interest to that particular Member or Company. These Opportunities are shown in an “Opportunities” wall within the Santander Trade Club.

 

Any suggestions found within the Opportunities are made automatically, using an algorithm that is set up to find potential “matches” for Your Company given the Company’s activity, Your interests and other parameters that You may indicate.

 

Additionally, You may request tailored Opportunities for a specific activity, market, sector or location. In this case, the Community Manager will take Your choices into account and tailor the suggestions for You.

 

Selecting the Opportunities shown to You is a purely automatic process and We have no part in this selection. We cannot warrant that any suggestions made to You via the Santander Trade Club will suit Your expectations, interests, business plans or otherwise.

 

We endeavour to offer premium services to Members and, in this spirit, We conduct the corresponding quality and solvency evaluations prior to admitting Companies into the Santander Trade Club, but these evaluations are based solely on the information provided by the Companies themselves and Our Partner Banks, and on occasion may also include information that is publicly available. We cannot warrant that this information reflects a Company’s real situation, nor that the results of Our evaluations will always reflect the Company’s situation. These evaluations do not substitute legal, financial and business advice, including business plan evaluations and risk assessments.

 

Our role is to manage the Santander Trade Club community and provide a means for Companies worldwide to contact each other to set up potential business opportunities, and We shall in no case be liable for any losses or damages of any kind arising out of any engagement made with a Company contacted via the Santander Trade Club.

 

​​​​​​​4.2 MESSAGES.

Members can contact other Members using Our private message exchange system and engage in a conversation via the Santander Trade Club. The Content included in these Messages may be monitored by Our Community Manager in order to ensure that the community guidelines and rules of conduct are observed by all Members.

 

In this sense, the information that is transmitted to the recipient of a Message sent by another Member via the Santander Trade Club is limited to the Content of the actual Message sent and the identification of the Company that the Member represents. No personal or identification information will be forwarded to the recipient, unless the sender includes any such information within the Message text.

 

When exchanging or directing Messages towards other Members, You should be aware that certain Messages or activities may be restricted. Particularly, We do not allow spamming or advertising within the Santander Trade Club and We may limit Your activity if We detect that You are engaging in any of these practices.

 

To understand what is considered spamming and advertising, please take into account the following guidelines for the following types of Messages:

  • Unique Message: personalised Message sent to one (1) Member.
  • Target Campaign: personalised or template Message sent to several Members -between one (1) and twenty (20)- pertaining to relevant Companies with a specific business goal.
  • Partnership Messages: Messages sent between Companies providing the same services.
  • Mass Campaign: template Messages sent to more than twenty (20) Companies, both relevant and non-relevant, with a specific business goal.
  • Advertising: Messages sent to: (i) both relevant and non-relevant Companies explaining Your Company’s activity and/or business goal, and (ii) one (1) same recipient repeatedly.

 

  • GUIDELINES FOR EXCHANGING MESSAGES:

Where:

 

YES = Message inclined to be accepted and validated

NO = Message inclined to be declined and not forwarded to the recipient

 

 

 

Unique

Campaign

Partnership

Mass Campaign

Advertising

Messages exchanged by Companies operating within the same sector (e.g. wine – wine) or related sectors (e.g. wine – food)

YES YES YES YES YES

Messages exchanged by Companies from different business sectors but with a valid link between them (e.g. wine – transport)

YES YES YES YES YES

Messages exchanged by Companies operating within different sectors

YES NO NO NO NO

Mix of the first three Message types above

N/A

NO

N/A

NO NO

Duplicate Messages

NO
starting from the third Message

NO
starting from the third Message

NO
starting from the third Message

NO
starting from the third Message

NO
starting from the third Message

 

In any case, please note that the above guidelines are merely indicative and do not reflect any specific reality. We, together with the Community Manager, will have final say in the validation of Messages. You may contact the Community Manager for further information and/or validation in the following e-mail address: community-manager@santandertrade.com

 

Santander Trade Club has no responsibility or liability for the deletion or failure to store any messages or other communications or other Content maintained or transmitted by Santander Trade Club and reserves the rights to mark as “inactive” and archive or delete accounts and/or Content that are inactive for an extended period of time.

 

​​​​​​​4.3 COMMUNITY MANAGER.

The Community Manager has been assigned the role of managing the Santander Trade Club, which includes removing, adding and modifying information made available on the Platform (particularly Business Card Data, Content and Messages) and settling or monitoring exchanges and disputes between Members.

 

For example, following any suspicious or forbidden activity, You may find that Your interaction with other Members and Your ability to send Messages to other Members have been limited, disabled or restricted, or even that Your account has been suspended.

In this sense, any Content submitted by You to Santander Trade Club as a Member is managed by the Community Manager, who shall be entitled to use such Content as necessary within the purposes of the Santander Trade Club, as described in the Terms.

 

Additionally, as indicated above, Messages may be reviewed or monitored by the Community Manager before being forwarded to the recipient. This is only done as part of Our desire to offer Our users the best possible services and quality. This monitorisation merely verifies that Messages comply with community guidelines and rules of conduct, and does not imply a validation of the contents of the Messages themselves.

By sending any form of communication to Us, you have granted Us rights and allow Us to use it in anyway deemed necessary. Please make sure you don’t include confidential or infringing materials.

 

​​​​​​​4.4 PROMOTIONAL MESSAGES.

By accessing the Santander Trade Club, You consent to receive Promotional Messages from Us, Our Partner Banks and third-party Vendors that You may select between those available on the Platform. These Promotional Messages include notices and promotions related to each subject’s own products or services. Each subject is responsible for their own Promotional Messages, and particularly We do not offer any warrant or guarantee regarding Promotional Messages sent to You by third parties, including Partner Banks and Vendors, and We shall in no case be liable for any aspect of the same, regardless of their presence in the Santander Trade Club.

 

5. MEMBER CONTENT.

Any Content submitted by Members using the Santander Trade Club, including any information, data, text, software, audiovisual content, or any other materials whatsoever, whether posted publicly or privately, or submitted to Us by a Member, is the sole responsibility of the Member from whom such Content originated. As such, Members shall be liable for all their Content within the Santander Trade Club, whether posted, uploaded, emailed or otherwise transmitted.

Particularly, Members warrant and represent that they have the necessary rights and authorisations to transmit the Contents, including those contained in Messages and Company Business Cards, which are considered Company information.

 

You, as a Member of the Santander Trade Club, acknowledge that this Content will be made available to other users of the Platform, including the Community Manager, other Members and Partner Banks in order to fulfil the purposes of the Santander Trade Club. Particularly, the Community Manager is a third-party company whom will have access to the entirety of the Content You transmit via the Santander Trade Club, as described in section 4 above (“Use of the Santander Trade Club”).

By transmitting any Content via the Santander Trade Club, You accept to share the Content with the abovementioned third parties.

You may not transmit any Content that infringes the General Rules of Conduct contained in section 6 below and in the General Terms, nor any Content that, in Our discretion, is likely to be prohibited by Law in any applicable jurisdiction. We will notify You if We detect that You have breached these Terms with regards to these Rules, identifying the infringement or non-compliance and, providing that the non-compliance may be remedied, We will urge You to do so. Nevertheless, We reserve the right to delete, take down or disable any Content that We consider infringes these Terms and/or any applicable Law.

 

You agree to indemnify Us and hold Us harmless for all damages, losses and costs (including, but not limited to, reasonable attorney fees and costs) related to all third-party claims, charges and investigations caused by: (i) Your failure to comply with these Terms, including, without limitation, Your submission of Content that violates third-party rights or applicable laws; (ii) any content You submit to the Santander Trade Club, and (iii) any activity in which You engage on or through the Santander Trade Club.

We cannot make any warrant with regards to Content made available by other Members. Any engagement or correspondence with other Members, Companies or Vendors via Santander Trade Club is made solely between the corresponding Members, Companies and Vendors and at each party’s own initiative and risk. We assume no liability or obligation with regards to such Content, manifestations, representations, warranties, obligations or otherwise, whether made available publicly or privately, and whether made within Santander Trade Club or outside the same.

 

We shall in no case by liable for any Content, including, but not limited to, liability for any errors or omissions in such Content, or for any loss or damage of any kind incurred as a result of the use of any Content published, submitted or otherwise transmitted by Members, Companies and Vendors via the Santander Trade Club.

 

6. GENERAL RULES OF CONDUCT.

By registering to access or participate in the Santander Trade Club, You agree to comply with these rules of conduct and, particularly, You acknowledge and accept that You will be liable for any comment, opinion, information, documentation or any other Content that you provide, publish or submit.

Particularly, regarding Your use of the Santander Trade Club and without limitation, You acknowledge and accept that:

 

  1. You must:
    1. provide true, accurate, current, updated and complete Business Card Data;
    2. keep the Business Card Data that You submit properly updated;
    3. be duly authorised by Your Company to act on its behalf for these purposes, particularly within the Santander Trade Club.

 

  1. You may not:
    1. copy, steal, plagiarise or otherwise misuse the Santander Trade Club and the Content submitted by other Members or any other third party;
    2. conduct illegal, illicit or abusive activities, including any activity that may constitute a breach or violation of applicable laws (whether local, national or international), generally accepted social and moral standards or public order;
    3. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    4. submit any Content, of any kind, that is of a confidential or proprietary nature, or regarding which You don’t have the necessary rights to do so, or which infringes any intellectual property rights, or any other similar rights, of any third party;
    5. collect or store data about other Members;
    6. stalk or otherwise harass another Member of the Santander Trade Club;
    7. promote or provide instructional information about illegal activities or promote physical harm, injury or any act of cruelty to any group, individual or animal;
    8. interfere, in any way, with another Member’s use of the Santander Trade Club.

 

  1. We may:
    1. moderate, edit and remove Your contributions within the Santander Trade Club;
    2. remove or suspend Your account or disable Your access to the Santander Trade Club as We deem necessary given Your conduct, including in the case of lack of activity and/or repeated failure to respond to Messages sent by other Members.

 

  1. Any Content available on the Santander Trade Club that has been submitted by other Members or by authorised third parties may not have been reviewed and/or approved by Our Community Manager.

 

  1. You are solely responsible for maintaining the confidentiality of Your access credentials to the Platform and to the Santander Trade Club, and consequently You are solely liable for all activities occurring thereunder using Your credentials or account.

 

7. INTELLECTUAL PROPERTY.

In line with the provisions on intellectual property contained in the General Terms, any Content submitted or published by You in the Santander Trade Club will remain of Your sole ownership and all intellectual property rights over the same shall remain vested in You.

Notwithstanding the above, You grant Us a worldwide, royalty-free, perpetual, irrevocable license over any such Content published or submitted by You, to use the Content in relation to the Santander Trade Club and the services offered by Santander Group. By virtue of this license, We shall be expressly entitled, without limitation, to publish Your Content on the Platform, to incorporate the Content in other services related to Our services in any means of exploitation, whether within the Platform or in any other means related to the services offered by Santander Group, and to let other Members access and use the Content for their own internal business purposes.

 

Particularly, You entitle Us to modify the presentation of the Content as necessary to suit the presentation of the Santander Trade Club and/or the relevant means of exploitation, and to display it, whether in whole or in part, in any such means of exploitation designated by Us in relation to Our services.

Regarding Content submitted by other Members, You are hereby allowed to make use of such Content, including the right to print, view and perform such Content within the Platform and solely within a web browser, for Your internal business purposes. It is expressly forbidden to make any use of the Content outside of the rights expressly granted

If You consider that any part of the Content infringes Your own intellectual property rights, please notify Us so that We can take the appropriate measures with regards to the infringing Content. Particularly, We will need You to provide Us with the following information:

  • Identification of the copyright owner and its representative, including full name, address, telephone number, e-mail address and electronic or physical signature;
  • Specific identification of: (i) the copyrighted materials that You claim have been infringed within the Santander Trade Club, and (ii) the Content that You claim infringes Your intellectual property rights;
  • Relevant documentation that supports Your claim;
  • An express statement declaring that the use of the Content is not authorised by the copyright owner, its agent or the law;
  • An express statement that the above information in Your notice is accurate and that You are the copyright owner or are authorised to act on the copyright owner’s behalf.

We reserve the right to refuse or delete any content from the Platform or to terminate a Member’s account in accordance with Section 6 Termination of the General Terms.

 

8. LIMITATION OF LIABILITY.

We cannot offer any warrant of reliability, accuracy, usefulness and veracity regarding the contents of the Santander Trade Club. The Santander Trade Club is an online community intended to help Companies with their international business plans, and whilst We endeavour to offer updated and accurate information, We cannot warrant that the information will be updated and accurate at all times, more so regarding Business Card Data or any other information provided by or obtained from third parties (including Members, Partner Banks, etc).

 

You acknowledge and accept that Your use of the Santander Trade Club, and particularly of any information regarding any Company shown in a Directory Listing Page or in the Opportunities wall, is at Your own initiative and risk. We do not offer any warranties of any kind, whether express or implied, particularly, but not limited to, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Santander Trade Club, its Content, any services offered by Us, by Partner Banks and/or by third-party Vendors or other Members will meet Your requirements or expectations.

By accessing the Santander Trade Club, You accept that We are not liable for any system failure that may delete or fail to transmit or store any Messages or other communications, Content or customisation settings submitted by You or by any other Member, Vendor or any other third party involved in the Santander Trade Club.

 

We shall in no case be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of goods, property, profits, goodwill, use, data or other intangible losses, resulting from: (i) any Member’s use or inability to use the Santander Trade Club or any of the services available on the same; (ii) any goods or services acquired, Messages received or transactions entered into through Santander Trade Club or as a result of an engagement with another Member via the Santander Trade Club; (iii) unauthorised access to or alteration of Your Messages, Content, data or activities within Santander Trade Club; (iv) statements or promises made, warranties offered and obligations assumed by any other Member or third party via the Santander Trade Club, and (v) any other action, omission or circumstance that is not directly made or offered by Us. We cannot control, monitor or supervise the actions of all Members, Vendors and third parties via the Santander Trade Club, therefore We assume no liability for the same.

 

We shall in no case be liable for any indirect, consequential, special or incidental damages under any provision of these Terms or arising out of any act or failure to act hereunder. To the extent permitted by applicable Law, Our total cumulative liability to any Member under these Terms is limited to $1,000.

 

Updated: 16th October 2019

 

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