Welcome to the UBB Trade Club Connecting your company with selected counterparts around the world
1. Preamble: Welcome!
Welcome to the UBB Trade Club Internet Platform – an Internet-based Platform, which offers access to business information to UBB business clients through the “Trade Club” module, as well as access to specialized market and trade information through the “Trade Resources” module.
UBB Trade Club (The Platform) enables UBB business clients to connect and exchange information amongst themselves, and also with clients of other banks. Upon registration and use of the Platform you agree to and should abide by the General Terms herein.
Please, note that access to the Platform and registration, as further described hereinafter, is subject to approval by UBB.
Business Card: A business card presents the key details of the UBB business client. The Community Manager can edit or remove elements from the business card at any moment, at his/her own discretion, without being obliged to provide argumentation.
Company Card: The Community Manager shall be entitled, at his/her own discretion, to generate an information card for the UBB business client by including therein information about the business client, which is publicly available in freely accessible sources. Unless otherwise provided for herein, the rules shall be applicable to the information card and the information therein as well.
Business Card Data: Information, links to Internet pages and files, shared by UBB business clients in the Business card for the purposes of presenting his/her/its company. The Community Manager can edit or remove elements from the card at any moment, at his/her own discretion, without being obliged to provide argumentation.
Company Card Data: Information about the Client, which is publicly available in freely accessible sources, such as, but not limited to, ID code, name /company/, seat, scope of activity, classification, etc.
Community Manager: The Community Manager manages UBB Trade Club in accordance with the provisions herein. This service is being performed in English. He/she can be reached at firstname.lastname@example.org.
Business client: A UBB business client which has completed the registration process and has been approved by UBB to use the Platform. The Platform may be used by one Business client through several users.
Content: data from the Business Cards and the Company Cards, communications of/between business clients/Users, Opportunities and/or all other data, published in the Platform.
Controller: Shall have the meaning as defined in the GDPR.
Data Subject: Shall have the meaning as defined in the GDPR.
EE or Export Enterprises: Export Enterprises SA, Société Anonyme with capital of EUR 1.000.370 and headquarters at 1, rue de Stockholm - Paris. Registered with the RCS Paris under SIREN No: 950571224.
GDPR: Regulation 2016/679 of the European Parliament and of the Council dated 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
UBB: United Bulgarian Bank AD, registered in the Commercial Register with the Registry Agency to the Ministry of Justice of the Republic of Bulgaria under Company ID (UIC) 000694959.
UBB Trade Club Platform (the Platform): An Internet Platform, developed and operated by Export Enterprises on behalf of UBB, providing the capability for UBB business clients, observing these General Terms, through the “Trade Club” module to connect and exchange information amongst themselves and with clients of other banks, and through the “Trade Resources” module to gain access to specialized market and trade information, segmented by country and region. The Platform works in conjunction with similar Platforms, developed and operated by Export Enterprises for other banks within KBC Group and the other banks participating in the “Trade Club Alliance” led by Banco Santander, Spain.
Matchmaking Suggestions: Through the “UBB Trade Club” module, the Platform provides an automatic matchmaking script that selects possible counterparts for a company, based on products traded and topics of interest. This automatic selection is named “Automatic suggestions”. Additionally, the Community Manager can select and feature possible Matchmaking Suggestionsfor a Company, based on products traded and topics of interest. This manual selection is named “Community Manager’s selection”.
Opportunity: An Opportunity is a request for offers posted within the Platform by a User and made available to other Users.
Personal Data: Shall have the meaning, as defined in the GDPR.
Personal Data Processor: Shall have the meaning, as defined in the GDPR.
General Terms: The present terms and conditions.
User: Natural person that is a representative of a business client, registered in the Platform, and acts on behalf and for account of the business client.
User's Message: A communication sent from one User to another User in the UBB Trade Club.
Third parties: Persons and entities, approved by UBB, which may place promotional messages in the Platform.
II GENERAL PROVISIONS
1. Access to the Platform
The Platform is exclusively accessible for UBB business clients. Upon initial and each subsequent access to the Platform by any user, acting on behalf and for account of the business client, he/she/it shall be deemed to have accepted these General Terms.
UBB shall retain its right to amend these General Terms at any time without prior notice, and such amendments shall be effective immediately upon their posting in the Platform, unless provided for otherwise. Any subsequent access to and use of the Platform shall constitute such User's consent to the amendments.
When first accessing the Platform the user shall have to enter the required information in the registration form. If this information is inaccurate, untrue or outdated, UBB shall be entitled to discontinue the access to the Platform.
Once the user has completed the form, the Platform shall generate identification data for user access. This data is intended only and solely for access to the Platform by the user, as the latter shall not be entitled to disclose it to third parties, and in case of third parties’ becoming aware of such data, the user shall have to inform immediately UBB. UBB provides 24/7 access to the Platform, as it shall not be responsible for the site access suspension, resulting from reasons beyond its control, as well as in the cases of preventive maintenance and support of the Platform and/or the equipment related to it. UBB shall not be held liable for any losses, damages or lost benefits, arising from the lack of access to the Platform, regardless of the reason.
B. Termination of the access to the Platform and the deactivation of a User's profile
UBB shall be entitled to terminate and/or restrict the access to the Platform and/or to deactivate a user's profile, representing a business client, at any time without providing an explanation for its decision.
In addition to the above, UBB shall be entitled to discontinue the access of a business client to the Platform with a 1-month notice to the user, sent to the email address, used by the User upon registration to the Platform, without providing an explanation for its decision.
A User's request for termination will result in deactivation but not necessarily deletion of the account.
In case of access termination for whatever reason, UBB shall reserves its right to either delete or not the User account at its sole discretion, as well as to either delete or not any content at its sole discretion.
2. Information about personal data processing
Accessing the services offered through the Platform shall require the Personal Data of the User. This Personal Data shall be processed for the purpose of User registration, administration of the services and enabling communication amongst business partners via the Platform. Personal Data to be processed shall be limited to user name and email address.
UBB shall be responsible for processing the Personal Data in UBB Trade Club. Together with other banks, using EE developed and operated platforms to set up their own trade clubs/communities/groups, banks shall act jointly as Community Controllers of the trade clubs. Export Enterprises, an EU-based company, shall act as Personal Data Processor. Export Enterprises manages the Platform and shall process Personal Data only in accordance with UBB's instructions.
Other users and other banks, connected to the Platform, may be recipients of User’s Personal Data. In this case, Personal Data may be transferred to countries outside the European Economic Area, and UBB shall have to accept the standard European contractual clauses with such third countries.
More information on how UBB processes personal data, and in particular Data Subject rights, is available in the UBB AD Information on the Processing of Personal Data document, available at www.ubb.bg.
3. Platform General Content
Any information in this Platform, unless explicitly stated, shall not constitute an offer, solicitation to conclude a contract, or a binding obligation on the part of UBB, nor shall it be regarded as a recommendation for concluding a deal and/or taking on or refraining from certain behavior. The information shall not be considered or used as professional advice from UBB and it shall not take into account the individual requirements of the business client or User.
4. Liability of UBB
Any services, accessible via or through the Platform, are being offered by EE or third parties. UBB shall not be a party to any respective legal relationships between Platform Users, shall not warrant and shall disclaim any responsibility for any damages and/or foregone earnings as a result of non-performance of any obligations whatsoever by a business client and/or Platform User to another business client and/or Platform User and/or to a third party. UBB shall disclaim any responsibility for the accuracy, relevance and reliability of information on the Platform, posted by Users or available on other websites, outside UBB’s control.
5. Intellectual and industrial property rights
Applicable to Platform content shall be the provisions of the Bulgarian legislation on copyright, and intellectual and industrial property. Examples of Platform content shall be texts, images, photos, movies, databases, graphics and tables, any arbitrary general graphical and/or textual presentations, methods, processes, functions and software, used for Platform functioning purposes. Business clients and Users shall not have the right to copy and/or reproduce Platform content without UBB’s explicit written permission to do so on a case-by-case basis.
Business clients and Users shall be entitled to use Platform data and information, as well as section headings therein, exclusively for their own internal purposes and shall not share them with third parties, whether for a consideration or free of charge, and shall not have the right to register the terms “Trade Club” or “Trade Resources” under any top-level domain name.
Use of Platform data, such as meta-tags or commands in HTML language, which even though not altering visuals or formatting of a certain command, instruct electronic agents or search engines to improve search results, shall be prohibited.
6. Availability of the Platform
In case of issues with Platform access and/or use, Users may send a message to the “Contact us” Section, available on the Platform homepage. UBB shall not assume responsibility for any damage incurred due to the lack of accessibility to Platform services or as a result of damage, caused by viruses, corrupted files, errors, omissions, interruptions of service, deletion of content, problems with the network, providers or telephone connections and/or telematics connections, unauthorized access, data manipulation, or by malfunction and/or faulty function of User’s electronic devices.
7. Procedures for Platform use
In addition to the above paragraph, UBB shall declare also that Platform content cannot be completely or partially copied, reproduced, republished, loaded, transmitted, forwarded or disseminated in any form whatsoever without prior written authorization from UBB; however, Users shall be entitled to print, download and view part of Platform content in line with these General Terms and subject to compliance with the legislation on intellectual and industrial property.
Likewise, Platform content may not be fully or partly disseminated through communication channels, such as the Internet, television or radio systems or any other system without UBB’s prior written authorization.
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Platform, and access to the Platform or Platform content without the explicit written consent of UBB.
Users shall be the only ones, bearing responsibility for the use of the website and its content. Therefore, UBB cannot be deemed liable in any way whatsoever, if the User avails illegally of the website or of its content.
8. Obligations of Platform Users
All Users with access to the Platform shall declare implicitly their being of legal age and agreement not to use the Platform and the materials contained therein for illicit purposes, contrary to applicable legislation and/or in violation of third-party rights, and to abide by these General Terms of Platform Use.
Users shall not have the right to:
(a) modify, breach, disable or damage existing security features of the Platform;
(b) intervene in any way in Platform navigation or in services use through, but not limited to, overloading the system or the Platform itself or disseminating viruses;
(c) gain access to services, offered by a platform other than the Platform homepage;
(d) attempt to circumvent Platform security measures or to disrupt the network in which it occurs by accessing data that are not specifically intended for the User or probing the security of other networks (e.g. by "port scanning");
(e) carry out any form of network monitoring to intercept data that is not specifically designated for individual Users;
(f) send unsolicited emails including "junk mail" or other advertising materials to persons, who did not specifically request them. In particular, Users shall be explicitly forbidden to send unwanted mass emails ("bulk mail"), including commercial e-mail, messages about promotions or information on political or religious surveys;
(g) send or receive information and/or content that is technically harmful (including, but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupt data or other malicious software or harmful data); this can cause unwarranted interferences, incidents or attacks; can aim to intercept, or attempt to intercept communications, transmitted via telecommunication systems; is intended for any type of fraudulent purposes.
All Users agree to inform UBB if they detect or become aware of any of the above circumstances, by filling in the web form under "Contact us" Section on Platform homepage.
9. Linking and framing
Without UBB’s prior written authorization, it shall not be permitted to create links with Platform homepage or even with internal and/or additional pages (i.e. "Deep Links"), or to introduce or present Platform content on another Portal ("Framing").
To obtain such a written authorization, interested parties shall have to submit a separate application by filling in the web form under "Contact us" Section on the homepage. Provided the application for creating a link is approved, the applicant shall receive a non-exclusive and non-transferable license for the use of the term "Trade Resources" solely for the purpose of providing a hyperlink from the Internet presence of the respective holders of rights of the Platform, as any other use shall be explicitly excluded.
Any violation of the terms laid down in this paragraph shall also be punished according to relevant laws as unfair competition.
When you log into this Gateway, you accept that we can place cookies on your computer or on any other device that you use for accessing the Platform.
A cookie is a small text file by the platform you visit, which is stored on your hard disk. The text file contains information and is, among other things, used for supporting visitor's use of the respective Gateway.
There are two types of cookies. The first type, which is called a persistent cookie, stores a file on your hard disk for a certain period. The other type, which is called a session cookie, is only stored temporarily during the time you visit a site.
With regard to the Platform, we use both types of cookies to help us make our visit statistics more reliable and to increase the functionality for our Users.
Platform services shall be conditional to you accepting the use of session cookies. These cookies enable your use of Platform's services and disappear when you log off.
If you decline acceptance of cookies, you can change the security settings of your browser (Internet Explorer, Firefox, Chrome, etc.).
11. Changes or additions to the Platform
UBB shall have the right to replace, add, modify and/or amend the Platform and/or Platform Content at any time without prior notice and at its own discretion. This may lead to a temporary or permanent loss of access to the Platform and/or Platform Content, and in such an event, UBB shall not be held liable.
12. Governing law and jurisdiction
These General Terms shall be governed by Bulgarian legislation and any disputes in connection therewith shall be referred for resolution to the competent Bulgarian court in the city of Sofia. Sofia.
Notices regarding Platform use shall have to be sent in writing as registered mail with acknowledgment of receipt to the following address: Export Enterprises, 1 rue de Stockholm F-75008 Paris, FRANCE
III PROVISIONS, APPLICABLE TO THE PLATFORM’S UBB TRADE CLUB MODULE
In addition to the above, the following provisions shall apply to the Platform’s UBB Trade Club module.
2. No unlawful or prohibited use
UBB Trade Club is provided solely as a convenience to you. By using UBB Trade Club you warrant that you shall not use UBB Trade Club, or any of the Content obtained from UBB Trade Club, for any purpose that is unlawful or prohibited by these General Terms.
Without limiting the generality of the foregoing, you shall agree not to:
2.1. transmit through UBB Trade Club any unlawful, harassing, libelous, abusive, tortuous, defamatory, vulgar, obscene, privacy invasive, hateful, or racially, ethnically or otherwise objectionable, threatening, or harmful material of any kind or nature; or material encouraging conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
2.2. impersonate any person or entity, including but not limited to, a UBB Trade Club official or User, or falsely state or otherwise misrepresent your affiliation with a person or entity;
2.3. upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relations, such as insider information, proprietary and confidential information, learned or disclosed as part of employment relationships or under confidentiality agreements;
2.4. upload, post or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party;
2.5. upload, post or otherwise transmit any materials that contain software viruses or any other computer code, files or programs, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2.6. interfere with, attempt to gain unauthorized access to, or disrupt UBB Trade Club or computer systems, hosting UBB Trade Club;
2.7. violate any applicable local, state, national or international law;
2.8. "stalk" or otherwise harass anybody else in any manner whatsoever;
2.9. copy or transfer any part of UBB Trade Club;
2.10. promote or provide information about illegal activities, advocate physical harm or injury of any group or individual, or advocate any acts of cruelty to animals; and
2.11. obstruct the use of UBB Trade Club by another User.
3. Obligations of Users
Users shall undertake to:
Users shall be entirely and solely responsible for maintaining the confidentiality of their access credentials to UBB Trade Club; they shall be entirely and solely liable for all activities, carried out thereunder. UBB shall not be held responsible for misuse or abuse of Content, posted by Users on UBB Trade Club.
The Community Manager shall encourage Users to respond to all requests, at least to acknowledge receipt, but in no case shall the Community Manager be liable for the lack of response. Repeated absence of a User response can be a reason for removing User account or blocking access to UBB Trade Club, as deemed necessary.
UBB cannot and shall not be liable for any loss or damage, arising from a User's failure to comply with this Section.
4. The Community Manager
The Community Manager shall have the right to remove/add/make changes to any information on the UBB Trade Club. This information shall refer to, but shall not be limited to, Business/Company Card Data, Opportunities, Content information and User's Messages. The Community Manager shall have the right to limit the messages and the interaction among members. The Community Manager, acting under UBB Trade Club, shall reserve the right, but shall have no obligation, to monitor disputes between Users and to restrict, suspend, or close Users’ accounts, if deemed necessary.
Each User shall agree that User's Messages may be read by the Community Manager for reasons of verifying compliance with the General Terms.
5. Communication Charter of UBB Trade Club
Tables below provide an overview of the Charter:
GUIDELINES FOR EXCHANGING MESSAGES:
YES = Message inclined to be accepted and validated
NO = Message inclined to be declined and not forwarded to the recipient
|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|
UBB and the Community Manager shall reserve their right to also introduce and apply other rules and/or guidelines on message posting and exchange.
The Community Manager can be addressed for clarifications, related to the sending of messages.
6. Responsibility for the Content
All information, data, text, software, audio/video content (including sound, graphics and photo or video materials, etc.), or any other materials whatsoever, regardless of whether publicly posted or privately transmitted, shall be the sole responsibility of the User, from whom such Content originates.
Users (outside UBB Trade Club) may enter into correspondence with or engage into business with Companies or Vendors, based on the product/service descriptions, posted on UBB Trade Club. Any such correspondence or business, including the delivery of and the payment for goods and services, as well as any other terms, periods, warranties or representations associated with such a correspondence or promotions, shall be the sole responsibility of the respective Users, Companies and Vendors. UBB shall not assume any liability or obligation for any part of such correspondence, promotion and business.
UBB shall retain the right to refuse, modify or delete any Content, including but not limited to Content of which it becomes aware and deems, in its sole discretion, that it does not fulfill the purpose of the Platform or violates the General Terms or may be contradictory to applicable legislation.
Under no circumstances shall UBB be liable in any way whatsoever for any Content, including but not limited to, liability for eventual errors or omissions in any Content, or for any loss or damage of any kind, incurred as a result of the use of any Content posted or emailed or otherwise transmitted via UBB Trade Club.
7. Copyright infringements
UBB shall respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on UBB Trade Club in a way that constitutes copyright infringement, you may notify UBB with the following information in writing:
7.1. documented evidence that you have directly requested the infringing User to remove the concerned material and/or abort the infringing activities;
7.2. the electronic or physical signature of the copyright owner or the person authorized to act on owner's behalf;
7.3. identification of the copyrighted work that you claim to have been infringed;
7.4. identification of the material that you claim to be infringing, and sufficient information to permit UBB to locate the material, including the full URL.
7.5. your name, address, telephone number, and email address.
7.6. a statement by you that you have reasonable grounds to believe the disputed use is unauthorized by the copyright owner, its representative, or the law;
7.7. a statement that the above mentioned information is accurate and that you are the copyright owner or you are authorized to act on the copyright owner's behalf.
After receiving a claim of infringement, UBB shall investigate and take appropriate actions within reasonable limits and on a best effort basis.
8. Licensing and terms, applicable to Content, generated by the User
When posting Content, a business client shall retain its rights over the Content and shall grant UBB a worldwide, royalty-free, perpetual, irrevocable license to publish such Content with links to the full content in UBB Trade Club, shall let other Users print, view and access such Content via their web browser, while accessing UBB Trade Club, and/or incorporate it in other services, related to UBB Trade Club and make it available to the Users in any form, media, or technology known at present or developed later, such as Apps, RSS feeds, etc.
UBB shall hereby grant to business clients and Users the right to print, view, and use the Content of UBB Trade Club (with the exception of User's Messages) solely within a web browser while accessing UBB Trade Club for their personal use.
If you consider that someone has abused your intellectual property on UBB Trade Club, please report to email@example.com.
9. Third party services and promotional messages/links
Users shall allow UBB, as well as third parties, selected by UBB, to provide them with notices and promotions for their respective products and services. UBB shall not be responsible for these third-party activities.
UBB, as well as other Users or third parties, may provide links to other websites ("Third Party Sites"). UBB shall exercise no control whatsoever over such Third Party Sites and web-based resources, nor shall it be held liable for the availability or the accuracy thereof, nor for the content, advertising, products or other materials thereon. UBB shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any business client and/or User in connection therewith. Your access and use of third-party websites, including information, materials, products and services therein, shall be solely at your own risk.
10. General practices, regarding usage
UBB may establish general practices and limits, concerning the use of UBB Trade Club. UBB shall bear no responsibility or liability for the deletion or failure to store any messages or other Content, maintained on or transmitted through UBB Trade Club.
UBB shall not bear responsibility for the timeliness, deletion, mis-delivery or failure to store any User's communications or personalization settings. The User shall understand and agrees that any material and/or data, downloaded or otherwise obtained through the use of the service, is being done at the User's own discretion and risk, and that each User shall be solely and ultimately responsible for any damage to his/her computer system or loss of data, resulting from the download of any such material.
UBB shall explicitly disclaim any and all warranties of any kind, whether direct or indirect, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, UBB shall make no warranty that:
UBB shall not be liable for any damage, loss and lost profits, such as, but not limited to damage from loss of goods, property, profits, reputation, data as a result of User’s use or impossibility to use UBB Trade Club or services thereon; as a result of goods or services, purchased or received, or messages received, or transaction entered into as a result of UBB Trade Club matchmaking suggestions and opportunities; resulting from any unauthorized access to or alteration of your transmissions or data; or from statements or conduct of any third party on UBB Trade Club; or from any other matter, relating to UBB Trade Club.
As noted above, UBB does not and cannot control all the actions of website Users, Vendors or third parties. UBB shall not guarantee uninterrupted or secure access to UBB Trade Club. Scheduled and preventive maintenance, as well as emergency maintenance may temporarily interrupt services or access to UBB Trade Club.
The foregoing disclaimers of warranty and limitations to liability shall apply without limitation to any damage or injury, caused by operational failure, error, omission, interruption, deletion, defect, delay in an operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset whatsoever, whether arising out of breach of contract, tortious behavior, negligence or any other commission or omission on the part of UBB.
You agree to indemnify UBB for all damage, sustained by UBB as a result of third-party claims and charges, arising out of your violation of the provisions of these General Terms and/or your use of UBB Trade Club.
In the event of disagreement with these General Terms, you have the right to close your account at any time.
13. How to contact us
United Bulgarian Bank AD, Head Office, 89B, Vitosha Blvd., 1463, Sofia, Bulgaria.