Welcome to use web services provided by Mascus (hereinafter referred to as "we", "web sites", “services” or "Mascus". By accessing our web sites you ("you" or "User") agree to be bound by the terms and conditions of this User Agreement. Please read them carefully.

April 26, 2006

1. General Provisions

www.mascus.com (mascus.com) is an Internet based public marketplace that enables professionals to efficiently find, buy and sell second hand vehicles and other heavy machinery ("Used equipment"). Mascus.com provides you with the leading manufacturers' and dealers' latest selections, machines from private sellers as well as useful supplementary services. Mascus.com acts as a link between potential buyers and sellers.

The principal purpose of these web sites is to display Used equipment advertisements on the Internet. Any sale agreement on Used equipment that has been advertised at the web sites is made solely between the buyer and seller. Mascus is not a party to any such agreement. All information on particular piece of Used equipment ("Information") originates from the seller and not Mascus. Mascus is not responsible for and does not guarantee the performance or suitability to any particular purpose of any such piece of Used equipment.

The material that appears on the web sites is given for informational purposes only. Although we hope that all users of the web sites will act with diligence and follow good practise, we cannot verify the Information they supply. Before purchasing a piece of Used equipment or services you have read about on our web sites, you should confirm with the seller any Information (including the price) that is important to your purchasing decision. When buying a piece of Used equipment please use your own judgement in the same way you would when buying similar items through a newspaper advertisement.

Should you decide to purchase a piece of Used equipment, finance or transportation service or any other item as a result of Information obtained from your visit to Mascus web sites, your contracting party would not be Mascus but the seller of such item.

2. Registration

To obtain access to Mascus services, you are required to a) give your contact details and other personal information by filling in a registration form provided online and b) agree to be bound by this User Agreement. Mascus retains the information you provided so that you may use the web site without having to re-enter your information. Only legally competent persons may register as a user of the web sites.

By registering as a user you assure that the disclosed information is true and accurate and that you will promptly update any changes to the information under My Settings on the site. Mascus has the right to refuse any future use of the web site if it has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or if you do not follow the terms and conditions of this User Agreement. Mascus may additionally resort to any available legal remedies.

As part of the registration process you are requested to select a user name and a password. It is your responsibility to preserve the confidentiality of the user name and password and notify Mascus by e-mail () of any known or suspected unauthorised use of the user name and password. Until receipt of such notification you are responsible for all use of the user name and password.

3. Privacy

Mascus is committed to protecting the privacy of the users of its web site and uses all reasonable efforts to ensure that the retained data is protected against unauthorised access. No security system is impenetrable and therefore we cannot guarantee the security of our database, nor can we guarantee that the information you supply won't be intercepted while being transmitted to us over the Internet.

Mascus has the right to use and disclose to third parties your user information (e.g. user name and e-mail address) unless you specifically instruct us otherwise. Information may be disclosed to parties that we believe might be of interest to you, such as vendors of Used equipment related products and services. Information is disclosed within the extent of applicable law.

By using the services you give your consent to these privacy provisions.

4. Advertising

By inputting or sending your advertisement to Mascus you request that the advertisement be published on our services. A valid contract is made between Mascus and the user once we have verified and accepted your advertisement copy. It is the seller’s responsibility to specify where each advertisement is to be published; at Mascus.com, on Mascus Plus (seller’s own used equipment on his own homepage) and/or in the seller’s own intranet/extranet service. Mascus reserves the right to reject or withdraw an advertisement at its discretion.

Mascus will contact you by e-mail if your advertisement for some reason is not fit for publication. Mascus may deny access to the web site for users that do not act professionally or in accordance with good practise. The preconditions for publishing are evaluated individually for each advertisement.

Advertisements are individual and may contain only Information on one single piece of Used equipment. It is your responsibility as the seller to give true and complete product information on the piece of Used equipment and its condition as well as all other details that might be relevant for a potential buyer in accordance with applicable law, administrative statutes and good business practise. You agree to be bound by the guarantee, price and other information you have given on the advertisement.

When the piece of Used equipment has been sold it is your responsibility to remove the advertisement from the web site(s). You are also responsible for promptly answering all requests, messages and offers you receive as a result of the advertisement.

Purchase offers received through the web site are not binding unless the offer contains full details on the material substance of the transaction, such as terms of delivery and payment.

When you submit an advertisement to Mascus for publication, you agree that all intellectual property and ownership rights on the advertisement as it appears on the web site are transferred to Mascus. We may edit, sort, copy and publish the Information in whole or in part. Commercial or technical Information may not, however, be edited.

We are not able to verify the truthfulness of any Information or statement disclosed in the advertisements. Accordingly, you as the disclosing User shall be responsible for any losses, expenses or other costs we incur as a result of an untrue statement you deliberately made or provided.

You have the right to cancel the advertisement for any reason at any time.

If an accepted advertisement for some reason does not appear on the web site at all you shall be entitled to a refund of the advertisement price unless the omission is caused by unforeseen circumstances beyond our reasonable control or because of your breach of this Agreement. Our liability for breach of contract or negligence shall not exceed an amount equal to the price of the advertisement.

5. Prices and Terms of Payment

You may register as a user of the web site(s), read advertisements, contact the seller, place purchase offers and Want ads free of charge.

Placing an individual advertisement on Mascus.com site is subject to charge as specified in a price list that is valid at the time. The applicable rate of VAT will be added to all prices.

Payments for advertisements are made through web banks or by credit card. Links to such banks are available on the home page of Mascus.com. No advertisement will be published before due payments have been made. Contract customers that advertise their Used equipment at a regular monthly basis, are invoiced for the services in use. Club Mascus membership fees are invoiced before the start of the period.

6. Product Information

Mascus wants to draw your attention to the fact that all Information on a piece of Used equipment advertised in the web sites originates entirely from the seller of such Used equipment. The seller alone has evaluated and given his opinions on the condition of this piece of Used equipment. The evaluation is therefore not made by any impartial third party and Mascus does not take any responsibility for the truthfulness or accuracy of such evaluation.

7. Intellectual Property Rights

All content such as text, graphics, software and other material of the web site as well as the arrangement and compilation of such content are the property of Mascus and protected by Finnish copyright laws. All use including distribution, publication, reproduction, display or other exploitation of the content on the web site is strictly prohibited unless expressly authorised in writing by us.

8. Indemnity and Limitation of Liability

The contents of the site is provided "as is" and "as available". No warranty, either express or implied, is made in relation to the accuracy, reliability or contents of the site. Mascus will indemnify errors in services that are liable to charge if the error was caused by negligence on our part. We will either correct such error or indemnify the direct damage caused by the error. The choice between these remedies is to be made at our sole discretion and in any case the indemnification is limited to the price paid for the advertisement.

Mascus cannot be held liable for any indirect damages whatsoever or damages caused by circumstances beyond our reasonable control or originating from the User or any third party.

We do not warrant that the site or the servers that provide it are free of errors, viruses or other harmful components. We reserve the right to alter the site or withdraw access to it at our sole discretion.

Within the web site you may find links or references to third party materials and websites. While we encourage you to consult such websites, we assume no responsibility for material created or published by such sites and the presence of such links does not indicate approval or endorsement of any material or product information contained on any linked site.

9. Availability

Mascus may at any time delete, modify or supplement the content of the web site without prior notice. We reserve the right to terminate, change, suspend or discontinue any aspect of the web site in whole or in part at our sole discretion. The web site may be temporarily unavailable for maintenance or other reasons.

10. Amendments to Agreement

Internet is an evolving medium. Mascus may change the terms of this User Agreement from time to time in which case we will post the revised terms on the web site. By continuing to use this service following such changes you agree to be bound by the amended User Agreement.

11. Feedback

If you have any comments or improvement suggestions regarding the web site, please forward your comments and/or a copy of the material you believe to be inaccurate to the address (), along with an explanation of your objection or suggestion.

12. Invalidity of Provisions

If any provision or provisions of this User Agreement shall be held to unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law.

13. Force Majeure

A party may delay performance of an obligation under this Agreement if it cannot perform the obligation because of an event that is beyond its reasonable control and was not reasonably foreseeable when the Agreement was made. This event includes but is not limited to the following: strike, lockout, telecommunications failure, fire, theft, water damage, sabotage and vandalism.

14. Term and Termination

These terms and conditions come into effect when you accept them and they are in force until further notice. Mascus.com may at any time and at its sole discretion deny access to the web site from a User that does not follow these terms and conditions or disturbs other users or the web site itself.

15. Headings

The headings of the clauses in this Agreement shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof.

16. Governing Law and Jurisdiction

This User Agreement and the relationship between the user and Mascus shall be governed by and interpreted in accordance with the laws of Finland excluding its rules for choice of law. All disputes that cannot be solved amicably shall be finally settled by the district court of Helsinki, Finland.

17. Information on Alma Media Interactive Oy - Mascus

Head Office
Address: Alma Media Interactive Oy - Mascus, PO Box 979, Aleksanterinkatu 9, 00101 Helsinki, Finland
E-mail:
Tel: +358 10 665 000
Fax: +358 10 665 2034
Domicile: Helsinki, Finland
Business identity code: FI15059048

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