Terms of Use
Macarne Customer Portal
1. Scope
These Terms and Conditions (the “Terms”) set forth the general terms and conditions governing the use of Macarne’s(“Macarne”) customer portal.
2. The Portal
Macarne operates a website available at https://www.macarne.com (the “Portal”) which allows a customer (the “Customer”) that procures or intends to procure services from Macarne (“Services”) to access and manage its Services.
3. Account
- 3.1 A Customer may register an account in the Portal by providing the information requested in the registration form. An individual who registers a Customer in the Portal warrants and guarantees that they are legally authorized to act on behalf of the Customer.
- 3.2 Macarne will endeavor to confirm a new account as soon as possible from its registration in the Portal and may request additional information or documents during the confirmation process. Macarne may at its sole discretion refuse to confirm the account. A Customer account approved by Macarne is referred to below as a “Customer Account.”
- 3.3 Macarne will email the Customer’s representative the login and password to the Customer Account. The Customer should protect its login credentials and reveal them only to its approved representatives. The Customer may use its initial Customer Account to create further Customer Accounts and thereby set the access rights for each Customer Account. The Customer is responsible for updating the representative information in the Portal and for ensuring that no unauthorized persons have access to its Customer Account(s), for example by removing Customer Accounts when a previous representative is no longer authorized to use the Portal.
- 3.4 The Customer guarantees that its representatives registered in the Portal are authorized to access the information in the Portal and to act on behalf of the Customer in relation to all matters that can be handled in the Portal (including, but not limited to, accepting changes to these Terms on behalf of the Customer). The Customer agrees that all activity conducted in the Portal using the Customer’s Customer Account(s) shall be deemed to have been carried out by the Customer and be binding on the Customer
- 3.5 The Customer declares that the information provided in the Customer Account registration form is true and up to date.
- 3.6 A Customer Account may be held by several Customers jointly. When reference is made to “Customer” in these Terms, that reference shall be deemed to include all Customers holding the Customer Account in question.
4. Charges
The Portal is provided free of charge by Macarne.
5. Availability of the Portal
- 5.1 Macarne strives to have the Portal available 24/7/365. However, Macarne does not guarantee any level of availability.
- 5.2 Macarne may perform planned maintenance on the Portal which may affect its availability. Macarne will strive to carry out planned maintenance at a time that minimizes any interference with the Portal.
6. Fraud
The Customer shall not use the Portal for any fraudulent or unlawful purposes and shall ensure that there are adequate safeguards in place to prevent others from doing so. The Customer is solely responsible for any fraud that occurs and any charges arising as a result of such fraud.
7. Term and Termination
- 7.1 Macarne provides the Customer access to the Portal at its sole discretion. Macarne may change the Portal, discontinue the Customer’s access to the Portal, or terminate the provision of the Portal at any time without notice or liability to the Customer.
- 7.2 The Customer can request to terminate its access to the Portal at any time, upon written notice to Macarne. Macarne will use reasonable efforts to terminate the Customer’s access promptly following receipt of the request.
8. Users of the Portal
By logging into a Customer Account, the individual using the Customer Account:
- (a) guarantees that they are authorized by the Customer holding the Customer Account to access the information in the Portal and to act on behalf of the Customer in relation to all matters that can be handled in the Portal (including, but not limited to, accepting these Terms on behalf of the Customer);
- (b) agrees to only use the Portal in accordance with these Terms; and
- (c) agrees to personally indemnify, and hold Macarne harmless, against any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to any claims from the Customer or other third parties related to (i) their use of the Portal and/or the information available in the Portal or (ii) their breach of these Terms.
9. Limitation of Liability
- 9.1 The Portal is provided on an “as available” and “as is” basis, meaning that
- (a) Macarne shall not be liable to pay any damages in connection with any loss or damage sustained by the Customer due to any degradation in quality, incorrectness, or incompleteness of information in or unavailability of the Portal, regardless of the cause or duration thereof. Macarne does not guarantee that the Portal is secure nor does Macarne guarantee any specific quality or fitness for any purpose of the Portal.
- 9.2 Macarne shall under no circumstances be liable to the Customer for any indirect damages or consequential loss, such as, for example but not limited to, loss of profits or anticipated savings. Macarne shall not be liable to the Customer for any loss or corruption of data or loss of goodwill.
10. Force Majeure
In no event shall the Customer have any claim or right against Macarne for any failure of performance if such failure is caused by or results from causes beyond the reasonable control of Macarne (a “Force Majeure Event”), including, but not limited to, a fiber cut caused by a third party or other occurrences recognized as Force Majeure Events under applicable law.
11. Personal Data
- 11.1 Macarne may process the Customer representatives’ business contact information (such as name, phone number, and email address) registered in the Portal for the purposes of providing Services and the Portal to the Customer. The Customer warrants that all data subjects concerned by data registered in the Portal by the Customer have given their consent to such processing.
- 11.2 To the extent Macarne processes personal data, Macarne will comply with applicable data protection legislation and will take reasonable measures against unauthorized access to or unlawful processing, accidental loss, or damage of personal data.
12. Applicable Law and Disputes
- 12.1 These Terms shall be governed by the laws of the United States, and all disputes concerning the Terms shall be adjudicated in US Courts.
- 12.2 For the avoidance of doubt, all Services provided by Macarne to the Customer shall solely be subject to the law and dispute resolution method set out in the applicable agreement for the Service in question.
13. Notices
- 13.1 Notices under these Terms shall be made by email to:
- (a) notices addressed to the Customer – to the email address specified in the Customer Account;
- (b) notices addressed to Macarne – to support@macarne.com.
14. Amendments
Macarne may change these Terms at any time. The current version of the Terms is always available in the Portal.