TELEHOUSE INTERNATIONAL CORPORATION OF EUROPE LTD
TELEHOUSE MARKETPLACE TERMS OF USE
The Telehouse Marketplace for Telehouse International Corporation of Europe Limited (“Telehouse”) or “we”, henceforth “Telehouse Marketplace”, is an online website that provides a platform to communicate and discover new possible connections to discuss the possibility for cross connection in Telehouse. Use of Telehouse Marketplace is subject to the Telehouse Privacy Policy https://www.telehouse.net/privacy-policy and Website Terms and Conditions, together with any other terms of use acceptable for Telehouse and made available.
Telehouse may impose different terms and conditions from to time to time and your continued use of the Telehouse Marketplace indicates your unequivocal acceptance of those terms and conditions.
You may withdraw your participation in Telehouse Marketplace by writing to: [email protected]
By using the Telehouse Marketplace you agree to be bound by all terms below and referenced herein (“Terms”).
“You” “your” denote your company, for whom you undertake, warrant and represent, through accepting the Terms, you have actual authority and capacity to act for and on their behalf, without restriction, and are able to bind them in full as specified below without restriction or any limit whatsoever.
- Description of Marketplace
Telehouse Marketplace enables you to communicate with other company to enhance your cross connection in Telehouse.
Telehouse Marketplace provides you with access to:-
- search different types of company that may be listed on Telehouse Marketplace; and,
- view a profile of different types of company listed on Telehouse Marketplace; and,
- contact a relevant company listed on Telehouse Marketplace via the contact form available in Telehouse Marketplace.
By signing up and having your account on Telehouse Marketplace, you agree and accept that we may:
- promote your company by listing details of it agreed with you, on Telehouse Marketplace; and,
- edit your company profile
- receive enquiries related to your company made through the contact form on Telehouse Marketplace and we may interact with relevant enquirers for any purpose and any reason whatsoever.
- Capacity
By completing information for your company and for such information to be listed on Telehouse Marketplaceon Telehouse Marketplace, we take this as your confirmation to us that you have capacity and authority to act on your behalf and on behalf of your organisation.Through completion of the relevant information contained on a contact form on Telehouse Marketplace, we take that as confirmation for us that the relevant enquirer has the required capacity and authority to enquire for and on their own behalf as well as on behalf of their organisation if completing the form for their organisation. Telehouse will process enquiries made on contact forms and information contained in genuine inquiries will be delivered to the relevant company that you confirm on the contact form in Telehouse Marketplace that you are contacting.
Any misrepresentation of any nature will entitle Telehouse to immediately terminate your access and raise proceedings against you to the fullest extent of any loss, whether direct or indirect, under these terms or through operation of the governing law of these Terms, whatsoever and howsoever arising.
- Permitted use
By accessing Telehouse Marketplace, you agree to these Terms, and you grant a paid-up, revocable, royalty-free licence to Telehouse to use and display copyrighted and trademarked information (such as company summaries or contact information, any photographic or web content including any metadata, or trademarked logos) that you submit to Telehouse Marketplace.
By signing up to use Telehouse Marketplace, you undertake, warrant and represent that you have the proper capacity and authority to grant such licence to Telehouse, and that such licensing for use on Telehouse Marketplace will in no way harm, damage reputation or breach any party’s intellectual property rights howsoever and whenever arising, and that in the event of any claim against Telehouse that you will indemnify Telehouse in full including all reasonable and associated professional services fees associated with Telehouse either reviewing the defence or defending itself against any such claim.
Telehouse owns without restriction any and all content within Telehouse Marketplace, and any derivative or associated rights relating to Telehouse Marketplace – whenever or howsoever associated.
Unauthorised reproduction, copying or use of Telehouse Marketplace is strictly prohibited without Telehouse written consent, or agreement, and may be subject to specific terms and conditions for a licence fee, at the absolute discretion of Telehouse.
- Marketplace content
By having a contactable account on Telehouse Marketplace, Telehouse will provide you with access to your company page to edit your profile, on Telehouse Marketplace, and by providing information for your profile, you undertake, warrant and represent to Telehouse that such submission will comply with the above 2.Permitted Use.
Telehouse has the right to review any company page put forward for entry on to the Telehouse Marketplace prior to publication, and to reject entries that are not deemed suitable for the Telehouse Marketplace. Telehouse may at its discretion make non-binding suggestions for improvements for any rejected company pages.
You acknowledge and accept that any content on Telehouse Marketplace may either be inaccurate, out-dated, incomplete or insufficient and that any introducee may alter their information or any information shared with you in any way, shape or form, and you accept that Telehouse is not responsible for, not liable in any way for any published content, or information shared later after you submit a request via the contact form on our website, , and that neither you nor your introducee shall have any right of action or recourse under these Terms, whatsoever and howsoever arising – and that you explicitly waive any right to any rights under the law of any agreement that you hold with Telehouse or under the governing law of these Terms.
You further undertake, warrant and represent that you will not publish, adapt, use or share in any medium any information contained on Telehouse Marketplace, or anywhere else on www.telehouse.net, without permission in writing of Telehouse.
For the avoidance of any doubt, you undertake, warrant, and represent to Telehouse by using Telehouse Marketplace, to hold Telehouse harmless against any loss whatsoever that you might suffer or might be occasioned to any party to whom you may come into contact with either through Telehouse Marketplace, or otherwise as a result of any interaction with Telehouse whatsoever – including at any marketing or business development events hosted by or participated in by Telehouse, whether related to Telehouse Marketplace or not, and you expressly waive your right to any legal right to take action against Telehouse relevant to any such loss.
- Interactions with introducees from Telehouse Marketplace
Telehouse does not insist upon, but merely suggests, that all and any users of Telehouse Marketplace ought to undertake extensive due diligence prior to engaging in any business related activity with any introducee with whom interaction is made after you use the contact form on our portal.
- Liability
You agree through use of Telehouse Marketplace that any and all liability whatsoever and howsoever arising relevant to use of Telehouse Marketplace is, subject to any liabilities that cannot be restricted by law relevant to death or personal injury, your responsibility only and that Telehouse carried no liability for your use of Telehouse Marketplace whatsoever, whether under these Terms or related to these Terms, and that you expressly waive any rights in tort or law that you may have in relation to any loss occasioned by use of Telehouse Marketplace.
- Termination
Telehouse Marketplace, or your use of Telehouse Marketplace, can be terminated in part or in full or suspended by Telehouse for any reason whatsoever.
- Data Consent
By using Telehouse Marketplace, you consent to Telehouse processing any personal information uploaded or shared through the Telehouse Marketplace contact form, or consequently, and, you agree that Telehouse may share such contact information globally with Telehouse affiliates or with Telehouse’s parent company, KDDI Corporation and its affiliates.You can write to ask for the withdrawal of such consent at any time, and acknowledge that any such withdrawal may limit, suspend or terminate your right to use Telehouse Marketplace.
When you complete a contact form on Telehouse Marketplace to contact a relevant company listed there, Telehouse may share personal information (name, company name, job title, email address, phone number) with the relevant company inputted by you in the contact form on Telehouse Marketplace, subject to EU and UK GDPR as well as UK data protection laws currently in force and as amended from time to time.
Communication from you to us of any errors or corrections of personal data must be in writing.
You undertake, warrant and represent that any personal information shared with us is shared with the permission of the owner of that information.
You agree to indemnify Telehouse in full against any penalties under any rules, laws, regulations, codes or equivalent whatsoever, from any jurisdiction globally, against misuse of personal data that you share with Telehouse, against the wishes of the owner of the personal data – at any time, either before during or after participation by you in Telehouse Marketplace.
- Miscellaneous
No partnership is intended to be created or shall operate to create a partnership between you and Telehouse under these Terms, and there is neither any authorisation for either you nor us to act as agent, or to create an employer-employee relationship or similar.You do however consent to Telehouse receiving contact requests and then contacting parties with whom you wish to make contact, and agree that this form of contact by Telehouse does not create any further legal relationship between you and Telehouse even if any introduction is made.
Telehouse may assign, charge, novate, or transfer in any way any right or benefit howsoever arising under these terms at any time without restriction.
You may not assign, charge, novate or transfer in any way any right or benefit howsoever arising under these terms at any time without Telehouse’s written permission.
In the event that any of the above Terms are found to be either invalid or unenforceable, either in part or in full, the invalid or unenforceable part of any Term may be amended by Telehouse at any time and so as to ensure rectification of the relevant Term.
A person or entity that is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 (or equivalent legislation under any contracts between Telehouse and you) to enforce any of the Terms, save that KDDI Corporation and its affiliates may have a right at any time to do so.
By consenting to these Terms through your participation in Telehouse Marketplace, you irrevocably submit to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales to resolve any dispute, issue or controversy howsoever and whenever arising, in contract, or at law, relevant to the Terms.