Santander

TERMS AND CONDITIONS OF SANTANDER TRADE CLUB

Terms and Conditions of the Santander Trade Club

Welcome to Santander Trade Club! Its a new resource to be able to engage with fellow Santander clients in 12 countries! There are some rules that you must follow to obtain the best experience possible.

Santander Trade Club is a product of SantanderTrade.com. It is ruled by these terms of use, on top of the Terms of use of SantanderTrade.com. In case of conflict between the two the present terms of use supersede.

In practical terms

  • Santander Trade Club is a business community, please behave and respect the members: dont spam, dont steal, dont plagiarize, etc.
  • You are aware that we have the right to moderate, edit and remove contributions, and to remove your account or block your access to the website as we may deem necessary.
  • You are aware that the content you read on Santander Trade Club was posted by fellow members and may not have been reviewed or edited by the community manager at the time you read it.

I. Definitions and Functionalities of Santander Trade Club
II. General conditions of use of the service
1. Acceptance of the terms of use
2. No unlawful or prohibited use
3. Members obligations
4. The Community Manager
5. Communication Charter
6. Content Responsibility
7. Licensing and terms applying to Members generated Content
8. Third party services & promotional messages
9. No resale of service
10. General practices regarding usage and storage
11. Termination of Member access
12. Links
13. Indemnity; Disclaimer; Limitations of Liability
14. Trademark Information
15. Copyrights
16. General Information
17. Ownership
18. Violations
19. How To Contact Us

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Definitions and Functionalities of Santander Trade Club

Business Card: a Business Card presents the key details of a Company in the directory listing pages. The Community Manager can edit or remove elements from the Business Card if he may deem necessary.

Business Card data: Members fill in forms, posts links and upload files to create the Extended Business Card of their Company; these constitute the Business Card Data. The Extended Business Card is made available by clicking on “discover more” on the Business Card. It shows all details available about a Company. The Community Manager can edit or remove elements from the Extended Business Card if he may deem necessary.

Community Manager: The Community Manager has the position of building, growing and managing the online community of SantanderTrade Club. Santander has assigned the community management of Santander Trade Club to Export Entreprises, 1 rue de Stockholm F-75001 France. This service is performed in English, Spanish and Portuguese. They can be reached at community-manager@santandertrade.com

Company: Members list their company in Santander Trade Club. There might be several Members for one Company.

Content: Business Card Data, Messages, content posted on Santander Trade Club and all communications of/between Members constitute the Content.

Directory listing pages: this term refers to all pages of results that can be obtained after a search in the directory.

Favorites: Refers to the Members other Members have chosen to follow.

Member: Members are users of Santander Trade who have created a Business Card in Santander Trade Club. They act on behalf of their company.

Members messages: Any Member can send a Message to any other Member.

Opportunities: Santander Trade Club has an automatic matchmaking script that selects possible counterparts for each Member, based on products traded and topics of interest. We name this automatic selection “Opportunities”. Community Managers can select and feature possible Opportunities for a Member, based on products traded and topics of interest. We name this manual selection “Selected Opportunities”.

Promotional Messages: STC, Santander Trade and Santander banks, as well as third party BtoB vendors selected by the latter, may send promotional messages to Members. All promotional messages will not exceed one per week.

Santander Trade Club (or STC): Santander Trade Club is a feature of Santander Trade, proposed by Santander to its business clients and operated by Export Entreprises, 1 rue de Stockholm F-75001 France.

Vendors: STC may select BtoB vendors related to international trade services and propose their services inside STC and via Promotional Messages.

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General conditions of use of the service

Acceptance of the terms of use

Santander Trade Club may modify, alter or update these Terms at any time without prior notice, and such modifications shall be effective immediately upon posting of the modified Terms to SANTANDER TRADE CLUB unless provided otherwise. Any subsequent use of SANTANDER TRADE CLUB shall constitute such Members consent to the modification, alteration or update. If you do not want to register an account and become a member of SantanderTrade Club, do not enter into this Agreement, do NOT click “Become a member” and do not access, view, download or otherwise use any SantanderTrade Club webpage or services. By clicking “Become a member” (or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Become a member,” you also consent to use electronic signatures and acknowledge your click of the “Become a member” button as one.

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No unlawful or prohibited use

This Site is provided solely as a convenience to you. By using STC, you warrant that you will not use STC, or any of the content obtained from STC, for any purpose that is unlawful or prohibited by these Terms.

Without limiting the generality of the foregoing, you agree not to:

  1. transmit through SantanderTrade Club any unlawful, harassing, libelous, abusive, tortuous, defamatory, vulgar, obscene, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable, threatening, or harmful material of any kind or nature; or material that encourages 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. impersonate any person or entity, including, but not limited to, a Santander Trade Club official or a Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  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 relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality agreements;
  4. upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. upload, post or otherwise transmit any material that contains 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;
  6. interfere with, attempt to gain unauthorized access to, or disrupt Santander Trade Club or computer systems hosting STC;
  7. violate any applicable local, state, national or international law;
  8. "stalk" or otherwise harass another;
  9. collect or store data about other Members;
  10. copy or transfer any part of STC
  11. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
  12. Interfere with another Members use and enjoyment of STC.
  13. If you violate any of these Terms, your permission to use Santander Trade Club automatically terminates.

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Members obligations

Members act on behalf of their company.

Santander Trade users must fill in their business card in order to access STC. They must:

  • provide true, accurate, current and complete Business Card Data
  • Maintain and promptly update their Business Card Data

Members are wholly and solely responsible for maintaining the confidentiality of their access credentials to Santander Trade and to Santander Trade Club; they are wholly and solely liable for all activities occurring there under. Santander Trade Club is not responsible for misuse or misappropriation of any Content a Member has posted on STC.

Community Managers encourage Members to respond to all requests, at least to acknowledge reception, but Community Managers shall in no case be held responsible for the lack of response. Repeated absence of response by a Member can be a reason for removing their account or blocking access to SantanderTrade Club as deemed necessary.
SantanderTrade Club cannot and will not be liable for any loss or damage arising from a Members failure to comply with this Section.

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The Community Manager

The Community Manager has the right to remove/add/make changes to any information on the website. This information refers to but is not limited to, Business Card Data, content information and Messages. The Community Manager has the right to limit the messages and the interaction of members. The Community Manager, acting under SantanderTrade Club, reserves the right, but has no obligation, to monitor disputes between members and to restrict, suspend, or close accounts if deemed necessary.

Contributions to SantanderTrade Club all contact including but not limited to messages and contributions made to SantanderTrade Club are handled by the Community Manager. By sending any form of communication to us, you have granted us rights and allow us to use it in anyway deemed necessary. Please make sure you don’t include confidential or infringing materials.

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Communication Charter

In order to ensure a high quality of service, messages exchanged between members can be reviewed by the Community Manager before being forwarded to the recipient. Only messages adhering to the Santander Trade Club communication charter will be validated and forwarded to the recipients.

The below tables provides an overview of the charter:

Type of messages

  • Unique message: Personalized message sent to one person
  • Target Campaign: Personalized or template message sent to between 1 -20 RELEVANT companies with a specific business goal
  • Partnership messages: Message sent between same companies providing the same service
  • Mass Campaign: Template message sent to many companies ( 20+ ) both relevant and non relevant with a specific business goal
  • Advertising: Sending messages explaining what you do to both relevant and non relevant companies. Message sent multiple times to same recipient

Guidelines for exchanging messages

  Unique Campaign Partnership Mass Campaign Advertising
Messages exchanged by companies with the same activity (wine – wine) / same activity family (wine – food)
Messages exchanged by companies from different business sectors but with a valid link
(wine – transport)
Messages exchanged by companies from different activities/ sectors
Mix of the first three message types above N/A N/A
Duplicate messages
starting from the third message

starting from the third message

starting from the third message

starting from the third message

starting from the third message

= message inclined to be accepted and validated

= message inclined to be declined and not forwarded to the recipient

Please note that the above tables are only guidelines. The Community Manager and Santander Trade Club have the final say in the validation of messages.

The Community Manager can be contacted for further information related to the Communication Charter.

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Content Responsibility

All information, data, text, software, audio/video content (including sound, graphics, and still or moving images, etc.), or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated.

This means that the Member, and not STC, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via STC. No Member shall transmit Content or otherwise conduct or participate in any activities on SantanderTrade Club that, in the judgment of STC, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscene material, or the permissible uses of intellectual property.Members may enter into correspondence with or engage into business with Companies, Members or Vendors based on the products or services descriptions posted on STC. Any such correspondence or business, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Members, Companies and Vendors. SantanderTrade Club assumes no liability, obligation or responsibility for any part of any such correspondence, promotion and business.

SantanderTrade Club reserves 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 does not fulfill the Purpose of the website or that violates the Terms or may be otherwise illegal.

Under no circumstances will SantanderTrade Club be liable in any way for any Content, including, but not limited to, liability for any 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 to, or emailed or otherwise transmitted via STC.

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Licensing and terms applying to Members generated Content

When Posting Content, the submitting Member retains ownership of his Content and, in exchange for being permitted to use SantanderTrade Club and benefit of the services offered through STC, grants to Santander Trade Club a worldwide, royalty-free, perpetual, irrevocable license to publish such Content there from with links to full content in SantanderTrade Club, let other Members print, view, access it in their web browser while accessing SantanderTrade Club, and/or to incorporate it in other services related to SantanderTrade Club and made it available to the Members in any form, media, or technology now known or later developed such as Apps, RSS feeds, etc.

Subsequently SantanderTrade Club hereby sublicenses to Members and other third parties the right to print, view, and perform such Content and Site Material solely within a Web browser while accessing SantanderTrade Club for their personal use.

If you think someone has stolen or misused your intellectual property on STC, please report to community-manager@santandertrade.com.

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Third party services & promotional messages

Members allow STC, Santander Trade, Santander bank as well as third party Vendors selected by them, to providing them with notices, promotions for their own products and services. Santander Trade Club is not responsible for these third-party activities, only the Vendor involved is.

SantanderTrade Club offers various third party services including but not limited to the selling of advertising space and the webinars service. SantanderTrade Club accepts no responsibility or liability for these services.

SantanderTrade Club may include links to third party web sites (“Third Party Sites”) on https://en.santandertrade.com/club, and elsewhere. You are responsible for evaluating whether you want to access or use a Third Party Site or service. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not.

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No resale of service

You agree not to sell, resell, or offer for any commercial purposes, any portion of STC, access to STC, other Members Content, STC material or access to Santander Trade Club without the express written consent of STC.

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General practices regarding usage and storage

SantanderTrade Club may establish general practices and limits concerning the use of STC. SantanderTrade Club has no responsibility or liability for the deletion or failure to store any messages or other communications or other Content maintained or transmitted by Santander Trade Club and reserves the rights to mark as “inactive” and archive or delete accounts and/or Content that are inactive for an extended period of time.

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Termination of Member access

SantanderTrade Club retains the right, at its sole discretion, to determine whether or not a Members conduct is consistent with these Terms and may terminate said Members account and access to SantanderTrade Club if that Members conduct is found to be inconsistent with same or for any other reason.

STCs termination of any Members access to SantanderTrade Club may be effected whether with or without notice and, on such termination, SantanderTrade Club may immediately deactivate or delete said Members account and/or bar any further access to such files. Santander Trade Club shall not be liable to any Member or other third party for any termination of that Members access or account hereunder. In addition, a Members request for termination will result in deactivation but not necessarily deletion of the account. SantanderTrade Club reserves the right to delete, or not delete, a Members account at STCs sole discretion, as well as to delete, or not delete, Content at STCs sole discretion.

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Links

SantanderTrade Club, Members or Vendors may provide links to other websites. SantanderTrade Club exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability nor the accuracy there of or the content, advertising, products or other materials thereon. SantanderTrade Club shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any Member in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

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Indemnity; Disclaimer; Limitations of Liability

EACH MEMBERS USE OF SANTANDER TRADE CLUB IS AT HIS OR HER SOLE RISK. SANTANDER TRADE CLUB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SANTANDER TRADE CLUB ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBERS OWN DISCRETION AND RISK AND THAT EACH MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SANTANDER TRADE CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, SANTANDER TRADE CLUB MAKES NO WARRANTY THAT:

  • (i) SANTANDER TRADE CLUB OR ANY GOODS OR SERVICE THEREON WILL MEET YOUR REQUIREMENTS,
  • (ii) ANY MEMBER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
  • (iii) THE QUALITY OF ANY CONTENT, GOODS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY MEMBER FROM ANY OTHER MEMBER OR ANY VENDOR WILL MEET HIS OR HER EXPECTATIONS,
  • (iv) ANY ERRORS IN THE CONTENT AND IN THE SOFTWARE WILL BE CORRECTED.

SANTANDER TRADE CLUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODS, PROPERTY, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SANTANDER TRADE CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MEMBERS USE OR INABILITY TO USE SANTANDER TRADE CLUB OR SERVICES THEREON; RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH STC, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON STC; OR ANY OTHER MATTER RELATING TO STC. IN NO EVENT SHALL STCS TOTAL CUMULATIVE LIABILITY TO ANY MEMBER OR OTHER PARTY UNDER THESE TERMS AND CONDITIONS OR OTHERWISE EXCEED $1,000.

This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

  • Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose;
  • Not apply to any damage that SANTANDER TRADE CLUB may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY MEMBER FROM OR THROUGH SANTANDER TRADE CLUB SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MOREOVER NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN SANTANDER TRADE CLUB AND ANY MEMBER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS AND CONDITIONS EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SANTANDER TRADE CLUB DOES NOT AND CANNOT CONTROL ALL THE ACTIONS OF SITE MEMBERS, VENDORS OR LINKED THIRD PARTIES. SANTANDER TRADE CLUB RESERVES THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO ITS ATTENTION TO THE APPROPRIATE AUTHORITIES. SANTANDER TRADE CLUB DOES NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO STC. OPERATION OF SANTANDER TRADE CLUB MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE STCs CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO STC.

THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY STC.

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with these Terms and Conditions, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through STC.

IF YOU ARE DISSATISFIED OR HARMED BY SANTANDER TRADE CLUB OR ANYTHING RELATED TO STC, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

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Trademark Information

Santander Trade, Santander and the logos included in this website are registered trademarks, service marks and products and service names; they may not be used by any third parties without the express written consent of Banco Santander, S.A.

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Copyrights

Santander Trade Club responds promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on Santander Trade Club in a way that constitutes copyright infringement, you may notify Santander Trade Club by providing our copyright agent with the following information in writing

  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owners behalf;
  2. identification of the copyrighted work that you claim has been infringed;
  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Santander Trade Club to locate the material, including the full URL.
  4. your name, address, telephone number, and email address.
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owners behalf.

If Santander Trade Club receives such a claim, Santander Trade Club reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a Members account in accordance with Section 9.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is reachable at: community-manager@santandertrade.com

After receiving a claim of infringement, Santander Trade Club will investigate and take appropriate actions as required under the DMCA and other applicable intellectual property laws.

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General Information

The Terms and the relationship between each Member and Santander Trade Club shall be governed by the laws of the State of New York, United States of America without regard to its conflict of law provisions and each party agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of New York, state of New York. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Should a Member object to any Terms or any subsequent modifications thereto or become dissatisfied with Santander Trade Club in any way, the Members only recourse is to immediately discontinue use of STC. Santander Trade Clubs failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Santander Trade Club in writing. Each Member and Santander Trade Club agree that any cause of action arising out of or related to use of Santander Trade Club must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

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Ownership

Santander Trade Club is owned by Banco Santander, S.A. and operated by Export Entreprises, 1 rue de Stockholm F-75008 Paris | FRANCE

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Violations

Please report any violations of the Terms (except for claims of intellectual property infringement) to community-manager@santandertrade.com

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How To Contact Us

If you have questions or comments about these terms and conditions please contact us online at community-manager@santandertrade.com or by physical mail at:

  • Head office: Export Entreprises, 1 rue de Stockholm F-75008 Paris | France
  • Main office: Export Entreprises, 240 rue de Rivoli F-75001 Paris | France

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