These Terms of Use (hereafter referred to as the “Terms of Use”) set forth the basic terms and conditions of access and use that all users and visitors (hereafter referred to as the “User”) of this website must agree and commit to respect when accessing or using this website and its associated online services, (hereafter collectively referred to as the “Website”). This Website is managed by the European Centre for Certification and Privacy in Luxembourg and Archimede Solutions in Switzerland (hereafter collectively referred to as the “Service Provider”).

Condition of Use of the Website

The access to and use of this Website are conditional to the acceptation 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 dissemination, exploitation, or adaptation of content without the express and written consent of the right holders;
• Acknowledge that the term “Europrivacy” and "Interprivacy" and their logos are international trademarks registered in several jurisdictions and cannot be used without the written agreement of the European Centre for Certification and Privacy in Luxembourg;
• Ensure that any Content posted on the Website shall be accurate, courteous and respectful of law and third-parties’ rights such as copyrights;
• Authorise the Service Provider to edit, publish, modify, use, reuse, and delete the Content posted by the User on the Website;
• Acknowledge that the Service Provider does not endorse, sponsor, recommend or otherwise accept liability for Content posted by Users on the Website and for any links to third party websites (hereafter referred to as the “Linked Content”), including their resources, contents, services or privacy practices;
• 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 Policyoutlines 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.

Before providing content to the Website, the User shall ensure that such content is not infringing third-parties rights, including copyrights. By providing Content to the Website, the User authorises the Service Provider to edit, publish, modify, use, reuse, and delete the Content posted by the User on the Website.

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. 

Accounts Management and Responsibility

By creating an account on the Website, the Users take the exclusive and full responsibility for all activities and/or transactions performed through their account. They are responsible for maintaining their password secret and secure and for taking actions without delay in case of breach or unauthorised use of their account, including by immediately changing their password and notifying the Service Provider. The Service Provider will not be liable for any acts or omissions carried out in the name of the User or enabled by the User, including any damages of any kind incurred as a result of such acts or omissions.

Account and Access Suspension

Users who violate any provision of these Terms of Use or have a conduct that harm the reputation and goodwill of the Website, or its Service Provider may be excluded from the Website without any compensation or reimbursement. The Service Provider is authorised to suspend, disable, or delete User accounts and access (or any part thereof), and to restrict access to the Website. By default, such actions do not require any explanation by the Service Provider. Where measures are taken to block access to a service which has been purchased and paid by the User, the Service provider will inform the User.

Refund Policy

By default, all purchases on the Website are definitive. The Service Provider does not provide refunds after the completion of the purchase. The User shall, at their own responsibility, carefully read the service’s description before making a purchase.

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 Service Provider declines any responsibility or liability for the actions, products, services, and content provided by Users or by third-parties. Using User-generated Content and third-parties’ websites and services is at the User’s own risk

In no event shall the Service Provider be held liable for any loss of any User generated Content. The User is sole responsible to maintain appropriate backup of their content.

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.

Indemnification

The User agrees to indemnify and hold the Service Provider and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to the User content, use of the Website or any wilful misconduct by the User.

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, or alternatively by those of Geneva in Switzerland, whichever is addressed first in a litigation. These two jurisdictions shall serve as exclusive jurisdictions 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 12/11/2024)