ECCP WEBSITE TERMS OF USE

The access to and use of this Website are conditional to the acceptance by the User of these Terms of Use. Before using the Website, the User shall first read the Terms of Use. By continuing to use and access the Website, the User expresses its consent to the Terms of Use, which constitutes a contractually binding agreement between the User and the Service Provider. Users who do not agree to abide by these Terms of Use are not authorised to access or use this Website and its associated services.

Where a User is accessing the Website on behalf of a legal entity, such access and use do not create any right for this legal entity towards the Service Provider. The User shall ensure that the Terms of Use are adequately communicated, understood, and respected by its legal entity.

Applicable Terms and Conditions 

These Terms of Use specifically focus on the default User interaction with the Website and the Service Provider. They are complemented by distinct and complementary terms and conditions, namely:

• The “Data Protection, Privacy, and Cookies Policy” that clarifies the privacy and cookies policy applicable to the processing of personal data on this Website;
• The “Europrivacy Welcome Pack and Online Services Terms and Conditions” that apply to the subscription to and/or purchase of Welcome Packs and/or online services provided through this Website;
• The “Europrivacy General Terms and Conditions” that apply to the use of Europrivacy and related schemes: Interprivacy, Europrivacy extensions, etc. 

These complementary documents are hereafter referred to as the “Complementary Terms and Conditions”.

Mandatory User Commitment 

By accessing and using the Website, the Users expressly recognise and commit to: 

• Abide by these Terms of Use, and, where applicable, to the Complementary Terms and Conditions;
• Accept the Website and associated services on an “as is” and “as available” basis and renounce any claim towards the Service Provider with regards to the Website content and quality;
• Respect the content of the Website as being subject to intellectual property rights, including copyrights prohibiting any copy, sharing, reuse or adaptation of content without the express and written consent of the right holders.
• Acknowledge that the terms “Europrivacy”and “Interprivacy” and their logos are international trademarks registered in several jurisdictions and cannot be used without the written permission of the European Centre for Certification and Privacy in Luxembourg.  
• Comply, where applicable, with the Complementary Terms and Conditions.

Prohibited Uses 

The Users are prohibited from using the Website or its content:  

• to commit, directly or indirectly, any unlawful or harmful act; 
• to harm individuals or communities; 
• to interfere, circumvent, or affect the security of the Website, Service Provider, Users, or third-parties;
• to submit false or misleading information; 
• to infringe upon or violate intellectual property rights. 

Territorial and Organisational Scope 

Within the limits of the law, these Terms of Use are applicable by default to all Users and legal entities they represent, regardless of their location, organisational affiliation, and role. 

Data Protection and Privacy Policy, including Cookies Policy 

The Data Protection, Privacy, and Cookies Policy outlines the purpose and the applicable policy for processing personal data related to the Website and constitutes an integral part of these Terms of Use. 

Intellectual Property Rights 

By default, the information, documentation, and content made available through this Website are subject to intellectual property rights and cannot be reused, copied, shared, or transmitted to third parties by the User without the right owner’s express written agreement. All trademarks, service marks, graphics and logos used in connection with this Website are in principle intellectual properties belonging to the Service Provider or to third parties. 

Neither these Terms of Use, nor the use and access to the Website, nor the purchase of services on this Website constitute a transfer of any intellectual property rights or license to the User. All rights, titles, and interests in and to such property will remain solely with the initial right owners.  

Liability Limitations 

The Website aims at facilitating sharing of information and its Content is provided “as is” and “as available”, with no implicit warranty. Warranties are limited to those explicitly formulated in clear and express written wording.  

The limitation of liability of the Service Provider applies by extension to its affiliates, officers, directors, employees, agents, suppliers or licensors and is applicable to any person for  any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the Service Provider has been advised as to the possibility of such damages or could have foreseen such damages.  

To the maximum extent permitted by applicable law, the aggregate liability of the Service Provider and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to twice the amount actually paid by the User to the Service Provider during the civil year when the first event or occurrence giving rise to such liability happened. The limitations and exclusions also apply if this remedy does not fully compensate the User for any losses or fails of its essential purpose. 

Access to the Content and Services 

Some Websites Services may be subject to fees, subscriptions and/or to specific conditions, including Complementary Terms and Conditions. Except otherwise specified in writing, access rights granted to a User are personal and not transferable. 

Severability 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. 

Dispute Resolution and Fora 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be exclusively governed by the substantive and procedural laws of Luxembourg. This jurisdiction shall serve as an exclusive jurisdiction and fora for any actions or litigations related to the Website. The User hereby submits to the personal jurisdiction of such courts and waives any right to a jury trial in any proceeding arising out of or related to this Agreement. 

Changes and Amendments 

The Service Provider reserves the right to modify these Terms of Use at any time, effective upon posting of an updated version of these Terms of Use on the Website. When an update is completed, the Service Provider will revise the updated date at the bottom of this page. Continued access and/or use of the Website by a User after any such changes shall constitute a renewed consent of the User to such changes.  

Contacting the Service Provider 

If you would like to contact the Service Provider about any matter relating to these Terms of Use, or the associated Policies, you may do so by writing to the address of the Service Provider provided on the Website and/or by sending a message via the contact form on the Website. 

(Last updated 10/10/2022)