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Competition Guidelines

Elemica requires that all activities conducted via the e-commerce services and functionalities provided by Elemica fully comply with the letter and spirit of all applicable competition laws. These Guidelines are designed and intended to ensure such compliance. In some cases, the requirements of these Guidelines may exceed the strict requirements of the law, to ensure full compliance with those laws. Each capitalized term in these Guidelines is defined in the Privacy Policy (posted at www.Elemica.com) unless the term is otherwise defined in these Guidelines.

These Guidelines apply to the conduct of Elemica, Inc., including its subsidiaries, and its officers and employees (collectively “Elemica”). They also apply to the activities of all entities utilizing the e-commerce services and functionalities provided by Elemica, including buyers and suppliers (collectively, “Participants”). Elemica continues to further develop and improve its e-commerce services and functionalities and may not have established operational policies for all services and functionalities. Subject to any restrictions expressly stated in these Guidelines, Elemica reserves the right to revise or expand these Guidelines as it deems necessary to reflect new services and functionalities. Elemica will provide conspicuous notice at www.Elemica.com of any such revisions.

1.    Access to the Site

  • Elemica shall establish legitimate business criteria to control access to the services and functionalities that it offers, and shall apply them in a non-discriminatory manner. Access to the services and functionalities shall be open to qualified Participants and access shall not be denied based on whether the buyer or seller competes with any other participating buyer or seller, or on whether it buys or sells the same goods, materials and services elsewhere that it buys or sells via the services and functionalities offered by Elemica.
  • Elemica does not require buyers or suppliers to transact any minimum amount of business via the services and functionalities it offers or to otherwise use those services and functionalities on an exclusive or semi-exclusive basis.

2.    Bulletin Boards and Chat Areas

  • Bulletin boards, if established, will operate pursuant to appropriate rules, and will have a defined purpose and topic of discussion, approved by Elemica’s General Counsel. Posted messages will be required to relate strictly to the defined topic and may not contain Competitively Sensitive Information.
  • Competitively Sensitive Information means company-specific confidential information concerning current or future competitive actions, strategies and plans, including current or future pricing, bidding, costs, supply, demand, customers, suppliers, purchasing, and product design. Elemica shall not provide any Participant with Competitively Sensitive Information regarding any other Participants, except (i) as reasonably required to facilitate transacting over the Site between Buyers and Sellers; or (ii) in accordance with the policies described in the Privacy Policy. Buyers and Sellers shall not disclose or exchange Competitively Sensitive Information through the Site or in connection with any activity undertaken by the Participants over the Site, except in connection with legitimate transactions. Buyers will not have access on the Site to Competitively Sensitive Information of other Buyers.
  • Elemica will not establish, or permit the creation of, “chat” areas on the Site that would enable real-time discussions between Participants.
  • Elemica will be the sole owner of all transactional information related but not limited to aggregated buying, auctions, catalog transactions, or private area transactions. Elemica may analyze this information for its own purposes (e.g., to offer additional value or new services to its customers by studying the trends and preferences of its users). It is not the current intention of Elemica to sell, publish, or otherwise disseminate or provide access to such information to any person, including Members, Board Managers, Buyers, and Sellers. Elemica will not change that intention without first consulting counsel and ensuring the adoption of adequate safeguards to ensure that such sale or publication is consistent with legal and regulatory obligations.

3.    Aggregated Buying

  • Elemica may facilitate the aggregation of demand for certain goods, materials and services.
  • In facilitating aggregated purchases, Elemica shall not facilitate the aggregation of purchases that might enable a group to exercise unlawful, monopsony or anti-competitive buying power, or might enable a group to coordinate activity in selling final products. To avoid these concerns, Elemica places restrictions on the types and amounts of goods, materials or services for which aggregated purchases are facilitated and limits access to information regarding such aggregated purchases.

4.    Utilization of the Services and Functionalities

  • Suppliers should provide bids, quotes, information or otherwise offer goods, materials and services for sale via the services and functionalities offered by Elemica only if they have a good faith intention of selling them in connection with those services and functionalities. Buyers should accept bids, quotes or other information regarding materials and services for sale via the services and functionalities offered by Elemica only if they have a good faith intention of actually making a purchase or purchases in connection with those services and functionalities.
  • Only buyers and suppliers participating in a particular E-Sourcing Events, or other particular activities via the services and functionalities, and Elemica employees will have access to event or activity specific information.