Terms & Conditions
Kompass.com is edited by Kompass International Neuenschwander
66 quai du Maréchal Joffre - 92415 Courbevoie Cedex (France)
Nanterre Corporate and Trade Register no B 395 162 738
Offices open from Monday to Thursday from 9:00 a.m. to 6:00 p.m., and on Friday from 9:00 a.m. to 12:00 p.m, excluding public holidays.
Site Publisher: Mr Bertrand Macabéo.
Tel. +33 (0)1 43 34 34 34
Or contact directly Kompass in your country by clicking here.
Kompass Online Services Terms & Conditions
Certain areas of the Kompass Website are freely accessible and by accessing those areas you agree to the relevant sections of this Agreement. Other Kompass Services can only be accessed following registration and may not be available to all users. By registering for the restricted areas of the Kompass Website and/or by using those Kompass Services, you agree to the sections of this Agreement that apply to those Kompass Services.
1. Kompass Services
1.1 This Agreement covers the following services offered by Kompass (together these are referred to as the "Kompass Services"):
(a) The Kompass Online Information Service ("the Kompass Information Service") is a business information service managed centrally by Kompass and includes the provision of business data and information compiled and organised using a method developed by Kompass ("the Kompass Data"), together with other information and related services. The Kompass Information Service is available under the "Directory" section of the Kompass Website. The Kompass Information Service includes information about the products and/or services of third parties and may permit access to information and services provided by third parties ("Third Party Content").
(b) The Kompass Requests for Quotation service (the "Kompass RFQ Service") enables the User to invite tenders from suppliers listed on the Kompass Website and is available under the "Request For Quotation" section of the Kompass Website. The User will be able to search for potential suppliers to its business using Kompass' product and service code classifications and then send a pre-formatted email to suppliers listed on the Kompass Website as matching the relevant criteria. The Kompass RFQ Service also enables the User to add or remove potential suppliers for such recipient emails. Replies to these enquiries will be by pre-formatted reply emails also.
(c) The Kompass tenders service (the "Kompass Public Tenders Service") enables searches for and retrieval of tenders published by the European Union Publications Office using Kompass' WF classifications and is available under the "Public Tenders" section of the Kompass Website. The Kompass Public Tenders Service also enables the User to create customer specific profiles which will then automatically trigger alert messages when new tenders are released that meet the User's criteria.
(d) The Kompass Easybusiness (the "Kompass Easybusiness") is a direct marketing application which enables the User to search the Kompass Data using specific criteria to display customised company lists. The User may also view company profiles and export/download such data using credit units. The look of the search page may be custom made by the User and the User may also add personal notes to such lists, subject to the terms of this Agreement. The User may also create its own users (the "Secondary Users"), follow up on statistics, such as what Secondary Users have done or searched for historically and provide credit units for Secondary Users to use when downloading or exporting data from the Kompass Easybusiness.
1.2 Kompass reserves the right to amend, modify or suspend the Kompass Services (or any part thereof) from time to time. This Agreement represents the entire agreement between the parties relating to the Kompass Services and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever which existed or may have existed between Kompass and the User. Kompass may modify this Agreement upon notice published over the Kompass Website.
2. Use of the Kompass Services
2.1 The User agrees not to copy (other than incidentally in the process of viewing), market, re-sell, distribute, retransmit, publish, compile a database, carry on any automated browsing or downloading or otherwise transfer or commercially exploit in any form any Kompass Data or Third Party Content received via or in connection with the Kompass Services other than for the internal purposes of its business.
2.2 For the avoidance of doubt, and without limitation, the Kompass Data or Third Party Content may not be used as part of any product or service or supplied to any third party in any way which competes with the business or products of Kompass or its franchised network.
2.3 Using the Kompass Data or the Kompass Services for "spamming" and/or unlawful unsolicited marketing is expressly prohibited - for example (and without limitation) the User must not use the Kompass Data and/or the Kompass Services to send unsolicited messages for the purposes of marketing or offering goods or services for sale. In particular the User agrees not to use the Kompass RFQ Service for the purpose of marketing its products and/or services (or those of any third party) to anyone. The Kompass Services shall not be used to send emails to any individuals other than the individual's corporate email addresses as listed on the Kompass Website.
2.4 The User agrees to use the Kompass RFQ Service only for sending legitimate requests for quotation for its own business purchasing requirements. The User bears full responsibility for the content of legitimate requests for quotation circulated with the aid of the Kompass RFQ Service.
2.5 A maximum of two links or files for downloading can be attached to the legitimate requests for quotation issued using the Kompass RFQ Service. The size of any such attachment may not exceed two megabytes and shall be in one of the following formats: doc, xls, pdf, fig, jpg or such other file format as Kompass may consent to upon application by way of email specifically requesting the same.
2.6 The User undertakes to answer promptly all responses received to all communications sent through the Kompass Services.
2.7 Except to the extent permitted by law, the User agrees not to reverse engineer, decompile, disassemble, alter or modify the whole or any part of any software which is accessible via or in connection with the Kompass Services.
Kompass grants to the User (for so long as the User has a valid subscription (where relevant) with us a personal, non-exclusive, non-transferable licence ("the Licence") to access and use the Kompass Services and the Kompass Data for internal purposes only upon the Terms and Conditions of this Agreement. The User shall not assign, dispose of, sub-license, or otherwise transfer its rights granted by this Agreement and in particular the User shall not allow any person (other than, where the User is a body corporate or business partnership, its duly authorised employees or in the case of Kompass Easybusiness, its Secondary Users and the User shall procure that such individuals/Secondary Users accept and adhere to these Terms and Conditions) to use or have access to the Kompass Data without the prior written permission of Kompass or the relevant Kompass Franchise/Partner. Any enquiries regarding multi or group use should be sent to Kompass or the relevant Kompass Franchise/Partner.
4. Ownership and Intellectual Property Rights
4.1 The User acknowledges that it shall not acquire any rights in the Kompass Data, Kompass Services or other data compiled through the User's use of the Kompass Services. The User further acknowledges that the Kompass Data forms a valuable body of information and that the copyright, trade marks and all other intellectual property rights in or relating to the Kompass Services and the Kompass Data are and shall remain the property of Kompass or its Franchises/Partners as the case may be or, in the case of Third Party Content, its licensors. The User shall not alter or remove any copyright symbol or any other identification or information concerning the authorship or ownership of any of the Kompass Data. To the extent that any court of competent jurisdiction holds that the User does have rights to such Kompass Data, Kompass Services or other data compiled through the User's use of the Kompass Services the User grants to Kompass a non-exclusive, royalty free, perpetual licence to access and use for whatever purpose such data.
4.2 Kompass and the Kompass logo are registered trade marks and must not be reproduced for any reason.
4.3 The User shall not modify, adjust or alter any part of the Kompass Services and shall not use software to access the Kompass Services without permission or use software that will corrupt the Kompass Services in any way.
5.1 The User acknowledges that it must use its own skill and judgment when using the Kompass Services and that it uses the Kompass Service at its own risk. Any use to which the User puts information obtained from or through the Kompass Services (including, without limitation, all tenders submitted using or obtained from the Kompass Services) shall be the responsibility of the User.
5.2 The User hereby indemnifies Kompass against any loss, damage or liability whatsoever which may arise directly or indirectly from the use of the Kompass Data or the Kompass Services by the User including, without limitation, in respect of all tenders and other information provided as part of the Kompass Services, any action or claim by any supplier to which requests for quotation are submitted or any regulatory fines.
5.3 The User acknowledges that Kompass has no control over the content of tenders made available over the Kompass Public Tenders Service and as such Kompass accepts no liability for the currency, usefulness or any inaccuracy of the Kompass Public Tenders Service and any tenders or other information made available as part of that service.
5.4 The User acknowledges that the Kompass Services may not identify relevant tenders or suppliers or may identify tenders or suppliers that are not relevant to the User. The User shall use its own skill and judgment to evaluate the results of the Kompass Services and it shall not hold Kompass responsible for any internal or external costs (including, without limitation, all external consultancy and internal management costs) incurred as a result of utilising and responding to incorrect/irrelevant tenders or acting on any other information obtained from the Kompass Services. Furthermore, the User shall not hold Kompass liable for lost business opportunities or any other potential losses resulting from relevant tenders or suppliers failing to be identified by the Kompass Services.
5.5 The User acknowledges that Kompass has no control over the content of emails sent using the Kompass RFQ Service, their attachments or any responses thereto and as such Kompass accepts no liability for any of the same. The User additionally acknowledges that Kompass and the Kompass RFQ Service are solely facilitating business between the User and suppliers and that Kompass will have no contractual involvement in any transaction between the User and any supplier. Accordingly, the terms and conditions of any supply and any dispute between the User and any supplier are solely the User's responsibility.
5.6 The Kompass Data is collected by use of questionnaires, proof lists and in depth interviews with the companies listed in the Kompass Data. Much of the Kompass Data is provided to Kompass by third parties. The accuracy and completeness of the information collected depends on the co-operation of the listed companies. Although Kompass undertakes to use all reasonable endeavours to ensure that the information is as accurate as is commercially possible, Kompass accepts no liability for the currency, usefulness or any inaccuracy of the Kompass Data.
5.7 The Kompass Services are made available on an "as is" basis without any warranties, terms or conditions of any kind, including (without limitation) warranties, terms or conditions as to satisfactory quality, merchantability, fitness for purpose or compliance with any description or generally as to the quality of the Kompass Services, the Kompass Data, Third Party Content or any information obtained using the Kompass Services whether express or implied, statutory or otherwise which are hereby expressly excluded to the fullest extent permitted by law.
5.8 Due to the nature of interactive services and the Internet generally, Kompass gives no warranty or commitment that use of the Kompass Services will be free from interruptions or errors and Kompass shall have no responsibility or liability in respect of or arising out of any communications or network defects, delays or failures (whether temporary or otherwise) while using the Kompass Services.
5.9 No guarantee is given that emails sent or received using the Kompass Services will be free from viruses or bugs. The User is responsible for ensuring that no bugs or viruses attach to such emails and shall be solely responsible for any loss of data or corruption of any supplier's system to which such email is sent.
5.10 Clicking on certain links within this site might take the User to other sites and Kompass shall have no responsibility or liability of any kind for the accuracy or content of any information or any other aspect of any such sites.
5.11 Kompass shall under no circumstances be liable to the User in respect of any claim by the User for indirect or consequential loss or damage (including loss of profits data, contracts, revenue or goodwill), whether or not caused through negligence, relating to the Kompass Data or any other information provided or received as part of the Kompass Services (including, without limitation, any results of invitations to tender), or its use by the User. Kompass shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
5.12 The liability of Kompass shall in no event exceed the actual price paid for the Chargeable Services (as defined below).
6. Fees and Security
6.1 If the User wishes to access certain parts of the Kompass Services which are not freely available to all users ("Chargeable Services"), the User will be required to pay non-refundable fee(s) to Kompass (or as otherwise directed by Kompass) for access/subscription units on the basis and at the rates specified by Kompass from time to time.
6.2 The User may be offered the opportunity of paying for access to the Kompass Services by sending credit card details over the Internet. Like any other communication system, there are risks of interception attached to sending information over the Internet. Although Kompass has taken all normal precautions to minimise the risk of interception, the User acknowledges that any information is sent at the User's own risk and that Kompass shall have no liability for the security of this information while it is being transmitted.
6.3 In accessing any of the Chargeable Services, the User shall comply with any additional terms and conditions for that service issued from time to time by Kompass.
6.4 The User will protect the Chargeable Services and any Kompass Data available over them from access by unauthorised third parties and will follow all instructions relating to the security of the Chargeable Services issued by Kompass. In accessing any Chargeable Services or any of the Kompass Services which require registration, the User will use any password or user identification (ID) or user name issued by Kompass. The User accepts that it is responsible for the use of any such security measures and warrants that it will keep any such password, user identification or user name or any other security mechanism or device confidential and will not disclose it to any other person.
7.1 The information we collect
We will only collect personal information about you given by you when you register with us or contact us for information. If you are just browsing on this site, there is no need for you to disclose any personal information, such as, your name, your contact details or details about your credit/ debit card which we need for the operation of our billing systems. We will always let you have a copy of all personal information we have about you should you request it, subject to such charges as we are permitted to make under relevant data protection legislation. You are able to update and amend your personal information on-line at any time through the "Members Area" section of this site.
Personal information comprised in the Kompass Data can be upgraded and amended by the relevant individual sending an email to email@example.com
7.2 Purposes for which we use information about you
We collect information about you so that we can inform you of new offers, products and services which may be of interest to you, to help us improve and personalise our services and any services provided to you through our website. We also need to process your personal information in order to operate our accounting and billing systems and system administration.
We may store certain personal information and use this to offer you personalised services, information and offers through our services. Once you have given consent, you can of course ask us to stop providing such services to you at any time through the "Members Area" section of this site.
Your information may be processed by third parties under contract with us in order to perform our arrangements with you.
7.3 Passing on information about you
We may disclose information obtained from you to third parties as part of aggregate but not individual statistics to potential advertisers, for example number of users, typical ages, locations.
In certain circumstances we may need to disclose information about you if you breach this Agreement. We may also disclose or access your account if required to do so by law or any other Governmental body.
Keeping information about you secure is very important to us. However, no data transmission over the Internet can be guaranteed to be totally secure. As a result, whilst we strive to protect your personal information, we cannot ensure or warrant the security of any information which you send to us whilst it is being sent and you send such information at your own risk.
7.6 Transferring your information abroad
Information supplied by you to us whether submitted by you via this or other web sites will only be transferred to other countries by us or our agents for the purpose of performing contractual obligations owed by us to you.
7.7 Automated Decisions
Part of the Kompass Website and our billing process are automatic and we may process your personal information as part of our billing process.
The practices outlined above represent current (as of August 2009) data protection practices. To keep up with rapid technological change We may from time to time review and revise these practices and amend these Terms and Conditions accordingly.
8. User material and conduct
8.2 You are prohibited from posting or transmitting to or from this Kompass Website any material:
(a) for which you have not obtained all necessary licences and/or approvals;
(b) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in the jurisdiction under which these Terms and Conditions are governed or any other country in the world; or
(c) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.3 You may not misuse the Kompass Website (including, without limitation, by hacking, transmitting any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation).
8.4 Kompass will fully co-operate with any law enforcement authorities or court order requesting or directing Kompass or members of the Kompass Group to disclose the identity or locate anyone posting any material in breach of this Agreement.
It is the responsibility of the User to ensure that it is complying with the national laws of any state relating to the access of the Kompass Data. For example, in Germany personal data must only be accessed where the User has a legitimate interest in doing so and records must be kept of the grounds for the legitimate interest. In other countries individuals may be able to make an entry on a register prohibiting them from being contacted with unsolicited marketing messages by telephone or fax.
10.1 Personal Data
The Connection by Kompass Service (hereafter the "Service") is a service provided by Kompass and its provider, IntelligenceFocus (the "Provider"), to Kompass advertisers (the "Kompass Advertisers") who subscribed the Connection by Kompass service, for referencing the data of legal entities that access the Site, in order to determine how many and which are the visitors which access the company profile of our Advertisers. We may monitor the traffic of this Internet Website for that purpose.
Data about the visitors acquired through this monitoring (IP address, and day and hour of the visit on the Site) is only related to legal entities (no IP address related to individuals is processed); it is gathered by our Service Provider with available data from Internet registries (corporate name of the company and publicly available DNS (Domain Name Service) information) (the "Data") and then communicated to Kompass Advertisers together with some additional Kompass data (such as tenders received and audience statistical data).
This Data is processed by Kompass and its Service Provider (which may be located outside the European Union), for the sole purpose of the Service and communicated to the Kompass Advertisers only, to the exclusion of any other purpose. Data is treated as confidential by Kompass and its Provider and is not communicated to any other recipient.
At any moment you are entitled, subject to terms and conditions of any applicable law, to access your personal data and to ask for their modification, erasure or blocking by contacting our service in charge of personal data protection at the following email address firstname.lastname@example.org.
Kompass Advertisers may use Data provided by you or obtained through the Service for marketing reasons, for example to inform you about their products or services. As provided by applicable law, you have at any moment the right to object to the use of your Data for marketing reasons by contacting the concerned Kompass Advertiser and by informing Kompass (at the above mentioned email address), for that purpose.
In the framework of the Service, our Advertisers enter into an agreement with us, in which they undertake to treat the Data as confidential and to use it in full compliance with any applicable law, notably with personal data regulation. However, Kompass has no power or control on its Advertisers which remain free to determine how this Data will be used and which shall be regarded as the Data Controller within the meaning of the applicable privacy legislation. Kompass and its Provider act only as processors for Kompass Advertisers and therefore cannot warrant the manner in which its Advertisers handle the Data and do not accept any liability in that respect.
By visiting this Website, you agree with the above mentioned services and principles.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies set by Kompass or its Provider if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of Kompass Website and services that depend on cookies.
10.3 Web beacons or clear GIFs
Web beacon, also called clear GIF, is a transparent graphic image (usually 1 pixel x 1 pixel) used in combination with cookies to help people running websites to understand the behaviour of their visitors.
The use of a web beacon allows the site to record the simple actions of the visitor. They typically contains a number of instructions, or tags' that then ask the website's server to send you further content (such as an image or a block of text that changes frequently). When a user's browser requests information from a website in this way certain simple information can also be gathered, such as: the IP address of your computer; time the material was viewed; the type of browser that retrieved the image; and the existence of cookies previously set by that server. This is information that is available to any web server you visit. Web beacons do not give any "extra" information. They are simply a convenient way of gathering the simplest of statistics and managing cookies.
Turning off the browser's cookies will prevent web beacons from tracking your specific activity. The web beacon may still record an anonymous visit from your IP address, but unique information will not be recorded. When they are used in conjunction with cookies they can be rendered ineffective by either opting out of cookies or by changing the cookie settings in your browser.
10.4 Opt out method
We offer visitors of our Website a means for controlling the use of session information with respect to the Connection by Kompass Service using cookies. If, at any time you do not wish to allow your visit session information to be aggregated and analyzed by Kompass and its Provider in the framework of the Service, you may utilize the following opt out mechanism: Click here to disallow Kompass and its Provider tracking on this computer
The User shall be solely responsible for obtaining, operating and maintaining all necessary computer hardware and software, modems and telecommunication links which it requires to access the Kompass Service.
Kompass may terminate the Kompass Services (or any of them) at any time.
Without prejudice to any other rights or remedies, Kompass may at any time suspend the Kompass Services (or any of them) or terminate this Agreement with immediate effect if the User is in breach of any of its obligations under the Agreement or if the User goes into bankruptcy, liquidation or administration, makes a voluntary arrangement with its creditors or becomes insolvent or has a Receiver appointed. Kompass will under no circumstances be liable to refund all or part of any fee (if any) in the event of the suspension of the Kompass Service or termination of this Agreement. On termination of this Agreement the User will immediately destroy all copies of the Kompass Data it has acquired by use of the Kompass Service and will immediately cease using the Kompass Services, although the User shall be permitted to continue using the information (including all/any tenders) it has acquired by use of the Kompass RFQ Service or the Kompass Public Tenders Service prior to termination..
13.1 Any notice given under this Agreement must be in writing and delivered by hand, first class post, email or facsimile to the relevant party to the address given by Kompass on this site or the address given by the User on registration.
13.2 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
13.3 Neither party shall be liable for any delay in performing its obligations if such delay is caused by circumstances beyond its reasonable control.
13.4 Each party hereby confirms that in relation to the Kompass Services it has not relied on any promises, representation, agreements, statements, understandings other than those set out in this Agreement and shall have no liability in relation to the same unless made fraudulently.
14.1 The User will treat as confidential and keep secret all information contained in or concerning the Kompass Services and the method developed by Kompass to compile and organise the Kompass Data. The User will not disclose such information to any third party, except to the extent that it is required to do so by law, or to the extent that the information is public knowledge.
14.2 This section will remain in full force and effect after termination of this Agreement.
15. Governing Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of England and Wales (excluding laws governing the conflict of laws) and the parties submit to the jurisdiction of the English Courts. This will not prevent Kompass from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of this Agreement, the Kompass Services, or the Kompass Data in any other jurisdiction throughout the world.
In respect of any translation of the Kompass.com Terms and Conditions of Use which has been carried out, in the event of there being any contradiction in the meaning or interpretation of any of the clauses of these Terms and Conditions, the version in the English language shall prevail.