Europrivacy Websites – Terms and Conditions
This website is managed by the European Centre for Certification and Privacy and Archimede Solutions (hereafter referred to as the “Operator”).
These Europrivacy Website Terms and Conditions set forth the terms and conditions of use that all users and visitors (hereafter referred to as the “User”) of this website must agree and commit to respect when using this website and its online services (hereafter collectively referred to as the “Website”). These Website Terms and Conditions specifically focus on the interaction with this Website. Other Europrivacy services, such as deliverance of certification, are subject to the Europrivacy General Terms and Conditions.
Condition to Use the Website
In order to use this Website, the User must agrees to comply with these Terms and Conditions. It constitutes a contractually binding agreement (hereafter referred to as the “Agreement”) between the User and the Operator. If the User is accessing the Website on behalf of a legal entity, it shall ensure that the latter will understand and respect the Terms and Conditions when using the Website. If a User does not agree to abide by the terms of this Agreement, it shall not use or access the Website.
The Users of this website shall expressly recognize and commit to:
- Abide to these Website Terms and Conditions;
- Respect the content of the website as being subject to strict intellectual property rights and copyrights prohibiting any copy, sharing, reuse or adaptation without the express and written consent of the right holders;
- Acknowledge that the term “Europrivacy” and its logo 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.
- Comply with and respect the “Europrivacy General Terms and Conditions” when delivering Europrivacy related services or using Europrivacy certificates.
Purpose of this Website
The Website aims at providing information on Europrivacy activities and services, which may include:
- Registration, authentication and access rights management;
- Facilitating access to information, resources, tools, events and service providers;
- Enabling Users to interact with each other and/or with partners;
- Delivering training courses, exams and certifications;
- Providing access to registry of certificates in order to authenticate and prevent forgery of delivered certificates;
- Membership, partnership, and administrative management of Users, including where applicable invoicing, billing and accounting;
- Improving users experience and the quality of delivered services;
- Authenticating, securing, and collecting statistics on remote connections.
Data Protection Policy
Where a User withdraws consent or request the deletion of personal data, the Operator will proceed accordingly. Nevertheless, it shall be acknowledged that some personal data may be retained after consent has been withdrawn or deletion requested, if such retention is required by a legitimate purpose such as:
- legal and administrative obligations, including with regards to accounting and VAT;
- enabling the authentication of delivered trainings and certificates;
- documenting and archiving delivered services;
- potential legal claims.
Access to the Content and Services
Some Website services may be subject to fees, subscriptions and/or to specific conditions. Except otherwise specified in writing, access rights granted to an individual and the associated content are personal and not transferable.
Accounts and Membership
The User who creates an account on the Website is responsible for maintaining the password secret and secure. The Users are fully responsible for all activities and/or transactions performed by their account. They must immediately notify the Operator of any unauthorized use of their account or any breach of security. The Operator will not be liable for any acts or omissions carried out or enabled by the User, including any damages of any kind incurred as a result of such acts or omissions.
Account and Access Suspension
Whenever the Operator determines that a User has violated any provision of this Agreement or had a conduct that harm reputation and goodwill, the Operator may suspend, disable, or delete User accounts (or any part thereof) and block the corresponding email address and Internet Protocol address to prevent further registration. More generally, the Operator can decide to suspend and block access to Users and to IP addresses that have been identified non complying with the present Website Terms and Conditions or as a source of risk for the Website and/or the Operator.
Intellectual Property Rights
The information, documentation, content, designs made available through this Website are subject to intellectual property rights and cannot be reused, copied, shared, or communicated to third parties. All trademarks, service marks, graphics and logos used in connection with this Website are by default intellectual properties belonging to the Operator or to third parties. Neither this Terms and Conditions, nor the use or purchase of services on this platform, transfer any intellectual property rights to the User. Being granted access and/or using the Website does not confer any right or license to reproduce or otherwise use any Website content or related intellectual property rights. All rights, titles, and interests in and to such property will remain solely with the initial right owners.
Links to Third-party Websites and Services
Although this Website may link to other websites and service providers, the Operator does not warrant the offerings of any third-party businesses or websites. The Operator declines and does not assume any responsibility or liability for the actions, products, services, and content provided by third-parties. Using third-parties’ websites and services is at the User’s own risk.
The User is prohibited from using the Website or its content: (a) for any unlawful or harmful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable international or national law and regulations; (d) to infringe upon or violate the Operator’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may negatively affect the Website or of any other service; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any other websites or online service.
Since our Website offers mainly non-tangible and irrevocable goods, the Operator does not provide any refunds after a product or a service has been purchased, which the User must acknowledge prior to purchasing any product or service on the Website. Please make sure that you have carefully read the service’s description before making a purchase.
Limitation of liability
The Website and its content are provided as is, with no implicit warranty. Warranties are limited to those explicitly formulated in clear and express written wording.
The Operator is not responsible for User generated content residing on the Website. In no event shall the Operator be held liable for any loss of any User generated Content. The User is sole responsible to maintain appropriate backup of its content.
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): 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 Operator 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 Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by the User to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate the User for any losses or fails of its essential purpose.
The User agrees to indemnify and hold the Operator 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.
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.
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 Switzerland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Switzerland, and you hereby submit to the personal jurisdiction of such courts. The User hereby waives any right to a jury trial in any proceeding arising out of or related to this Agreement.
Changes and amendments
The Operator reserves the right to modify these Terms and Conditions relating to the Website at any time, effective upon posting of an updated version of these Terms and Conditions on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its services you agree to be bound by these Terms and Conditions. If you do not agree to abide by the terms of this Agreement, you are not authorized to use this Website and its services.
If you would like to contact us concerning any matter relating to these Terms and Conditions, or the associated Policies for the Europrivacy Websites or Services, you may do so via the contact form on the Website.
(Last updated 02/09/2020)