This document is to present you our General Terms and Conditions (called “GTCs”) when using www.projectsmartexplorer.com and www.2b1stconsulting.com websites operated by the 2B1st Consulting SAS Company.
In the text below, the words “we”, “us” or “our” shall refer to the “www.projectsmartexplorer.com” and “www.2b1stconsulting.com” websites and the “2B1st Consulting SAS” company operating these websites.
The GTCs Version 0.1 was updated on January 30th 2012 and replaces all previous ones. These changes are to reflect new regulations or new services and are registered in Paragraph 14 below. They become effective immediately for any new purchase of report and new subscription or to the next subscription renewal.
These GTCs are applicable to your purchase of reports, subscription and use on line and off line of the information and data provided by the www.projectsmartexplorer.com and www.2b1stconsulting.com websites irrespectively of the communication tool (laptop, PC, tablet, smartphone, or any other device) you use to access them. It can be for private use or business purpose, you agree on these GTCs in connecting to these www.projectsmartexplorer.com and www.2b1stconsulting.com websites. Therefore if you do not agree or are not entitled by your company to agree on these GTCs you should not use the www.projectsmartexplorer.com and www.2b1stconsulting.com websites nor all their related information and data, then you shall proceed to the cancellation of your purchase or subscription in respect with instructions described in Paragraph 10 below.
In the case of exceptional circumstances we may have to cease to provide information and data services, we shall have no further obligation to you for all purchases of reports of information and data. Regarding the subscriptions, we will offer you a refund of the unexpired period of your subscription in respect with instructions described in Paragraph 10 below.
2. Products and Services
The “Market data” are published information, available from multiple sources, but gathered together and up dated regularly to facilitate the understanding of the market trends. These “Market data” are available as a service by subscription and all associated rights.
The “Smart data” result from a deep analysis of the “Market data” and complex calculations by the expert system called “ProjectSmartExplorer” developed and operated by the 2B1st Consulting SAS Company. All the information, data and software used or produced by the expert system “ProjectSmartExplorer” are covered by the corresponding copyrights. These “Smart data” are only packaged under the form of reports and sold as products. Therefore the “Smart data” reports are not refundable in any circumstances as soon as you purchased them and downloaded them from the websites. In the case you would benefit from additional services for the best use of these reports from www.projectsmartexplorer.com and www.2b1stconsulting.com websites, you agree that the reports themselves are not refundable in any circumstances as definitively acquired by you through your purchase regardless of these additional services.
We invite individuals and companies that use www.projectsmartexplorer.com and www.2b1stconsulting.com information and data without appropriate permissions from us to contact us on firstname.lastname@example.org or helpdesk@2B1stconsulting.com to discuss the corresponding license.
- as a registered Subscriber, you should have access to the “Market data” as many times and during the period you registered for;
- as a Purchaser of “Smart data” reports, you can view the “Smart data” you selected in the www.projectsmartexplorer.com website and that you purchased. Then you can edit your reports of these “Smart data” in the format and according to the multiple parameters you have also selected on the website. In addition to the purchase of these reports, we will propose you services to make the best use of these reports. In no case the reports are refundable.
3. Copyright Policy
All the information and data available on www.projectsmartexplorer.com and www.2b1stconsulting.com websites are protected by the Copyright law and therefore must be used accordingly. This Copyright law applies as well to the softwares developed by 2B1st Consulting SAS to produce these information and data and to make them available to you, on-line or off-line, through our products and services.
The use of these information and data without our permission may therefore infringe our copyrights which can result in personal and corporate liability. To prevent you to breach our GTCs and Copyright law and to allow you for a good practice of these information and data we invite you to use the following instructions:
For permitted use,
“ProjectSmartExplorer” and “2B1st Consulting” are registered Trade Marks so all the uses of the information and data issued from the expert system “ProjectSmartExplorer” and market studies or other tools developed by 2B1st Consulting SAS are permitted as long as they are not used to create a product or service that reduces the need for users or other third parties to pay for “ProjectSmartExplorer” and “2B1st Consulting” content directly. Theses information and data shall not be replicated without the written permission from 2B1st Consulting SAS. If you want to do so, you shall proceed as following after checking the compatibility of your communication tool:
- as a registered Subscriber, you may download and record the subscribed “Market Data” in your PC, laptop, tablet, smartphone, or any other device for your personal use, print copies on paper for your personal use, share these “Market data” through emails on individual address basis but not group of email addresses;
- as a Purchaser of “Smart data” reports, you may download and record the purchased “Smart data” reports in your PC, laptop, tablet, smartphone, or any other device for your personal use, print copies on paper exclusively for your personal use. To share these “Smart data” reports through printed copies or any electronic link and emails without violating this Copyrights Policy we recommend you to contact us directly on email@example.com or helpdesk@2B1stconsulting.com before proceeding in order to buy the appropriate license to your intended use.
As soon as you forward information and data to a Third Party in the conditions described above, you commit in doing so, as a registered Subscriber of “Market data” or Purchaser of “Smart data” reports, to
- display “ProjectSmartExplorer” and “2B1st Consulting” logos without altering the appearance of the logos
- create link to the www.projectsmartexplorer.com and www.2b1stconsulting.com websites without misrepresenting our websites nor presenting false information nor breaching any relevant law and regulation
As a registered Subscriber of Market data or Purchaser of Smart data reports, you cannot:
- use the information and data issued from the www.projectsmartexplorer.com and www.2b1stconsulting.com websites for any unlawful purpose or other than as set out in the “Permitted Use” Paragraph above, unless you buy the appropriate license from us
- share your user name and password (which includes PINS) with anyone else. A password is for one person’s use. Sharing a password means to create a product or service that reduces the need for users or other third parties to pay for “ProjectSmartExplorer” and “2B1st Consulting” content directly. Therefore password sharing is a breach of our GTCs and violation of this Copyright Policy.
- copy, publish, republish or redistribute any information and data issued from www.projectsmartexplorer.com and www.2b1stconsulting.com websites to third parties in any way other than as described in the “For permitted use” Paragraph above.
- remove the copyright or trade mark notice from any copies of information and data issued from www.projectsmartexplorer.com and www.2b1stconsulting.com websites made under these terms and conditions.
- create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any information and data issued from www.projectsmartexplorer.com and www.2b1stconsulting.com websites
- turn around or attempt to turn the parameters set in respect with your access rights
- We shall considered as unauthorized copy of our information and data and softwares any use of these information, data and software avoiding to pay for the respective value of these information, data and software.
- Violating this rule intentionally or unintentionally is exposing you to all consequential damages.
- To prevent such a situation or if you have any doubt about what you are permitted or not we invite you to contact us immediately on firstname.lastname@example.org or helpdesk@2B1stconsulting.com in order to buy the appropriate license to your intended use.
All information and personal data received by you from your use of the www.projectsmartexplorer.com and www.2b1stconsulting.com websites will be used by 2B1st Consulting SAS in respect with your privacy and with applicable laws and regulations.
We commit to ask you the only necessary information to perform the delivery of the products and services that you have subscribed to or purchased and for the payment in secured conditions of these products and services. Typically this information covers the following details:
- Name and First name
- Company name and Job title
- Email address and Cell phone number
- Credit card information for payment and credit
- Statistics about your usage of our websites in order to improve our service performances
We commit not to transfer, share or make any trading activities with Third Parties with your personal data, unless you would have requested us otherwise.
Since we may use these information and personal data to contact you, it is your responsibility to update them and maintain changes on the applicable www.projectsmartexplorer.com and www.2b1stconsulting.com websites pages.
We may also use this information at any time, to monitor the compliance with our GTCs and Copyrights.
To get access to the “Market data” or purchase “Smart data” reports, you will have registered. This registration as Subscriber of “Market data” or Purchaser of “Smart data” reports is for a single user only as described in the Products and Services Paragraph above. This registration will provide you ID, code and password in accordance with what you subscribed or purchased.
You are responsible to keep these details confidential for your own use; therefore multiple users on a network or within an organization are not allowed to use the same ID, code or password.
We may cancel or suspend your access rights at any time without further obligation to you if you create or attempt to create additional direct or indirect access for the benefit of others or turn around our access control process to get access to unauthorized information and data.
You are responsible for preventing unauthorized use of your personal registration details and in the case you would notice such a practice as a result of a security breach or a theft or any unauthorized use of your details, you must notify us immediately by e-mailing us on email@example.com or helpdesk@2B1stconsulting.com.
6. Forums or blogs content and intellectual property
The www.projectsmartexplorer.com and www.2b1stconsulting.com websites provide platforms of discussions such as forums and blogs that allow interaction between users and between users and 2B1st Consulting experts.
While you will keep ownership of the copyright of the information and data you post on these forums and blogs, you accept www.projectsmartexplorer.com and www.2b1stconsulting.com websites on unlimited time to publish, re-use, archive, modify, delete or commercially exploit these information and data on the base of a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license without any requirement to pay you for this and with or without attribution to you.
You are responsible for all the content of any information and data you posted on the www.projectsmartexplorer.com and www.2b1stconsulting.com websites, therefore in posting any information and data on these forums and blogs you commit on the points below
- not infringe the copyright or other rights of any third party
- not post or link any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication or any confidential or insider information of another party which have the purpose of affecting the price or value of any share or other investment.
- not post or link disrespectful, threatening, abusive, libelous, indecent or otherwise unlawful content to affect any person or entity including the 2B1st Consulting SAS employees or other forums and blogs participants.
In the case you breach the points above in posting your information and data on the forums and blogs of the www.projectsmartexplorer.com and www.2b1stconsulting.com websites, you are financially responsible to us for any claim against us by any third party.
We cannot fully monitor all the information and data posted by the users on the forums and blogs of the www.projectsmartexplorer.com and www.2b1stconsulting.com websites, therefore we cannot guarantee the accuracy, integrity or quality of these information and data even though they might be misleading, untrue or offensive. But that also the purpose of these forums and blogs to identify these potentially misleading, untrue, offensive, unlawful, infringing information and data to review them and decide to remove them or not. When you detect such information and data; we thank you in advance to notify them to us immediately on firstname.lastname@example.org or helpdesk@2B1stconsulting.com.
7. Third Party advertising, sponsorship and on line Services
The www.projectsmartexplorer.com and www.2b1stconsulting.com websites may contain advertising, sponsorship and links to other Internet websites or online and mobile services provided by independent third parties. These advertisers, sponsors and on line or mobile services providing third parties are responsible for ensuring that material submitted for inclusion on of the www.projectsmartexplorer.com and www.2b1stconsulting.com websites complies with international and national law. 2B1st Consulting SAS is not responsible for any error or inaccuracy in advertising, sponsorship or on other internet websites material.
8. Our Commitments
Our goal and value proposition
Through the www.projectsmartexplorer.com and www.2b1stconsulting.com websites, the 2B1st Consulting SAS Company intends to develop Processes and Tools to facilitate your business pursuit, speed up your growth and sustain your profitability. These Processes and Tools concentrate the best expertise of decades experienced specialists in their respective industrial sectors to provide you a prospective view of your business, alert you on the key competences requested to perform in these markets, help you to adjust your resources to your ambitions.
In that respect our value proposition is to help you to be First to know, First to capture, First to win business opportunities.
Our means and deliverables,
To do so, the 2B1st Consulting SAS Company develops and maintains the following types of expertise:
- the survey and collection of “Market data” to guarantee you the most advanced information and data related to the selected business sectors. These “Market data” are available through subscriptions.
- an expert system consolidating years of engineering or industry experience to produce “Smart data” through reverse engineering calculations to provide you information and data with consistent accuracy all along the life cycle of the project until it goes into execution. The high added value of these “Smart data” makes them available only by purchasing reports.
- the most advanced Information Technologies to provide you on line access to the www.projectsmartexplorer.com and www.2b1stconsulting.com websites easy to use and intuitive through all communication platforms (laptop, PC, tablet, smartphone and other mobile device)
- a senior and multi-disciplines consultancy team to optimize your benefit of the proposed information and data, assess and upgrade the competences of your teams to identify the best opportunities, perform in project pursuits, develop profitable and sustainable growth, get access to new markets to become market leader.
Considering that you are the most knowledgeable person or company in your business, our commitment is to extend your visibility on business opportunities years ahead of the most critical decisions are made in the investments and the selection of the supply chain. In practice it means that:
- we commit to provide you permanently up dated “Market data” to tell you where the business is. As the market is continuously moving these “Market data” are available on line under the form of periodic subscriptions. These subscriptions are refundable or renewable in the conditions described in the Paragraph Pricing, Taxation, Renewal, Payment, Cancellation and Refund below.
- we commit to deliver you “Smart data” calculated on budgetary basis to help your go – no go decision at the earliest stage of each project. If the accuracy of our calculation may improve during the life of the project until the corresponding equipment come into bidding phase, the budgetary basis necessary to decide and organize the pursuit will remain the same +/-20%. For this reason these “Smart data” are only available under the form of reports to be one time purchased on line and therefore are not refundable.
- When purchasing “Smart data” reports, you may subscribe to additional services to help you tracing your business opportunities. The additional services to the “Smart data” reports include at your choice:
The subscription to these additional services to the “Smart data” reports must be made in the same time as the purchase of the “Smart data” reports and at the conditions of that day of purchase. These additional services to the “Smart data “ reports are refundable or renewable in the conditions described in the Paragraph Pricing, Taxation, Renewal, Payment, Cancellation and Refund below
- we commit to upgrade constantly the www.projectsmartexplorer.com and www.2b1stconsulting.com in accordance to the last skill of art of the Information Technologies to improve continuously our services performances and friendly use of these websites. In that purpose we may proceed to any change at any time and we commit to preserve your access rights while proceeding.
- We commit to appoint only the most experienced and knowledgeable experts for any consultancy task, these tasks being related to business development, competences assessment and development, Processes &Tools diagnostic and continuous improvement
We commit to deploy all our reasonable efforts and expertise to provide you the most consistent prospective view of your business in the sectors you selected and by a closed loop feedback to identify and promptly remedy any source of failure of the www.projectsmartexplorer.com and www.2b1stconsulting.com websites and to correct any misleading information and data. In the case you would detect any dysfunction or misleading information or data, we thank you in advance to alert us immediately on email@example.com or helpdesk@2B1stconsulting.com . This is our only commitment in provision to use the www.projectsmartexplorer.com and www.2b1stconsulting.com websites.
9. Limitations to our Commitments and Liabilities
As a registered Subscriber to the “Market Data” or Purchaser of “Smart data” reports, we limit our financial responsibility to you from direct damages arising from your use the information and data issued from the www.projectsmartexplorer.com and www.2b1stconsulting.com websites in respect with these GTCs to the price you paid for your subscription or report. If you have not paid for these subscriptions or reports, we will not accept any loss or damage compensation.
All the information and data available “as is” and “as available basis” on line from www.projectsmartexplorer.com and www.2b1stconsulting.com websites through subscription or purchase of reports are to provide you a better view of the market at a certain point of time and to help you in your go – no go decision. Since the projects nature and decision of investments or allocation of job may change at any time at the initiatives of the owners of these projects and decisions makers, 2B1st Consulting SAS cannot be taken responsible at any time of these changes. In the case you should have specific requirements we invite you to contact us on firstname.lastname@example.org or helpdesk@2B1stconsulting.com to check how a customized survey or market analysis could be developed.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) information and data issued from the www.projectsmartexplorer.com and www.2b1stconsulting.com websites are at your own responsibility and entered into at your own risk. Any information and data issued from the www.projectsmartexplorer.com and www.2b1stconsulting.com websites is classified as ”real time” and may have changed by the time it reaches you.
Regarding the “Smart data” resulting from the calculation of the expert system “ProjectSmartExplorer”, the purpose is to help you in a go – no go decision at the very early stage of the project, and to trace business opportunities along the potential supply chain. In that purpose the accuracy of these “Smart data” must be considered as budgetary estimation on future prospect and may evolve along the different phases of the project until it reaches the bidding phase for execution. Our value is to help you to trace all these changes during this prospecting phase but our commitment ends on that bidding phase. Our “Smart data” cannot be used as a reference during the bidding phase for award and execution and you agree that the final price of award of the equipment may be different from the budgetary estimation provided in the “Smart data” reports.
In the case you would be interested in an evaluation for the bidding phase until final price of award we encourage you to contact us on email@example.com or helpdesk@2B1stconsulting.com for this specific evaluation. This specific evaluation will be then governed by a dedicated contract with Specific Terms & Conditions (STCs) to replace these GTCs.
In these conditions and under the provision of the applicable laws and regulations, 2B1st Consulting SAS disclaims all warranties, representations, conditions and duties, except of good faith, of any kind including warranties of satisfactory quality or merchantability for a particular purpose.
As a company, 2B1st Consulting SAS is taking all the necessary measures to detect and eliminate viruses or any kind of contaminating agent, but we cannot commit on any warranty or representation and take any liability that the www.projectsmartexplorer.com and www.2b1stconsulting.com websites might be used by Third Parties to contaminate your system or destroy properties.
As a company, 2B1st Consulting SAS is not liable and is not taking any consequential damages of any kind, in addition it is not supporting any financial responsibilities for matters beyond its control and for the use by Third Parties of the information and data provided by the www.projectsmartexplorer.com and www.2b1stconsulting.com websites.
The limitation of commitment and liabilities of this Paragraph 8 applies to all Employees, Directors and President of 2B1st Consulting SAS and its affiliates.
10. Pricing, Taxation, Renewal, Payment, Cancellation and Refund
From the website www.projectsmartexplorer.com we offer the subscription to “Market data” and the purchase of reports of “Smart data” and additional services as defined in Paragraph Our Commitments.
The prices of the “Market data” subscriptions and the prices of the “Smart data” reports and associated services are posted clearly on the web page where you should sign-up. You agree to pay the fees at the rates notified to you at the time you take out your subscription or purchase your report. You also agree to be charged in Euros.
For the “Market data” subscriptions, we will inform you in advance of your renewal of any price increase. We may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the trial period. No more than one trial per subscriber is allowed in any twelve month period
For the “Smart data” reports, the prices can change at any time because of price increase or discount operations without any advanced notice. In case of discount operations following recent purchases, no refund of the difference will be accepted.
For the additional services to the purchase of “Smart data” reports, the prices are applicable at the date of purchase of the “Smart data” report and if subscribed in the same time as the purchase of the corresponding “Smart data” report. We may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the trial period. No more than one trial per subscriber is allowed in any twelve month period
Taxation and other costs;
Our prices are submitted to any applicable local taxes that will be added on our prices to build your payment. By taxes we mean the amount that may be added on our products and services according to the local regulation and law. Depending on the location of purchase, the advertised price may include or not these taxes, such as and not limited to:
- Value Added Tax (VAT) is applicable to the EU countries as well as Switzerland, Norway and South Africa.
- Sales Tax is applicable in USA
- Harmonized Sales Tax (HST) is applicable in Canada
- Good & Services Tax (GST) is applicable in Australia, Canada, Singapore
- Consumption Tax is applicable in Japan
This list is not limitative or definitive; therefore we reserve the rights at any time to apply taxes as required by the local regulation and law.
In addition to any subscription or purchase of report and additional services, you are responsible for paying any fees for exchanges rates, banks fees and internet connection or other telecommunications charges that you may incur by accessing the www.projectsmartexplorer.com and www.2b1stconsulting.com websites or using the available services.
Renewal applies only to the “Market data” subscriptions, and unless you notify us before the end of your annual subscription period that you no longer wish to use the corresponding access rights, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used. We will notify you in advance of any changes to the price in your subscription that will apply upon renewal.
For the “Smart data” reports and their additional services, no renewal applies, but you may receive notice of new edition available for new purchase at any time.
The “Market data” subscriptions and the prices of the “Smart data” reports are sold on line exclusively with credit card, or corporate credit card, on a one-off payment. The credit cards accepted to perform this payment are presented clearly on the sign-up web page of the www.projectsmartexplorer.com website.
By submitting your payment details, you are making an offer to us to buy a subscription or a report. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription or report.
When you subscribe or purchase a report you commit that you are entitled to use those payment details in that purpose. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription or report and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these GTCs we will credit that refund to the card, including corporate card, you used to submit payment unless it has expired in which case we will contact you.
For your protection, any payment information such as your name, address, credit card details and other personal information will be kept safe and secure, as we take stringent measures to protect your information both online and offline and prevent unauthorized access. To do so we use an encrypted Internet connection based on……………… technology.
Cancellation and refund;
For the “Market data” subscription, you agree that once we have started providing any part of your subscription, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these GTCs. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period. You may notify us of your wish to cancel your subscription by contacting our Customer Services team at firstname.lastname@example.org.
For the “Smart data” report, you agree that once we have started providing you any part of that report, you do not have any right to cancel nor to ask for refund in any circumstances. Even in the exceptional circumstances where the www.projectsmartexplorer.com and www.2b1stconsulting.com websites would have to suspend or cease their activities, you agree that the “Smart data” report is definitively acquired by you since you purchased it and therefore not refundable.
As a company, 2B1st Consulting SAS reserves the right to suspend or terminate your subscription if you breach these GTCs, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances.
If however we terminate or suspend your subscription for any other reason and/or permanently cease to provide you the access to the www.projectsmartexplorer.com website, or cease to provide you the due subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription. Same condition applies to the additional services to the “Smart data” report while the “Smart data” report itself would remain non-refundable in any circumstances.
As a company, 2B1st Consulting SAS, located 62 rue Ferdinand Buisson, F-69003 Lyon, France, is the legal entity you will be contracting with for the subscription or purchase of any information and data issued from www.projectsmartexplorer.com and www.2b1stconsulting.com.
These GTCs apply for the benefit for any or all of the above entities who may rely on them and/or enforce them in their own right.
11. Choice of Law and Jurisdiction
These GTCs will be subject to French law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the tribunal of Lyon, France will (subject to the final paragraph in this Paragraph 10) have jurisdiction to settle any dispute which may arise out of, under, or in connection with these GTCs.
For the exclusive benefit of 2B1st Consulting SAS and to the extent possible in the applicable jurisdiction, 2B1st Consulting SAS will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these GTCs are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these GTCs or (if different) the country of your principal place of business.
You may not license or transfer any of your rights under these GTCs. We may transfer any of our rights or obligations under these GTCs to any company within the 2B1st Consulting SAS of companies but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.
If any provision of these GTCs is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these GTCs, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these GTCs does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
13. Corporate Information
The 2B1st Consulting SAS is registered company at the chamber of commerce of Lyon, France under the registration number: SIREN 540040086; VAT Intra Communautaire number is:FR80 540040086
14. Changes to General Terms and Conditions
These GTCs were published on January 30th 2012 and replace with immediate effect the GTCs previously published on January 16th 2012.