Terms and conditions of Ecommerce Foundation
These Terms and Conditions apply to all services offered by Ecommerce Foundation. These services include, but are not limited to, the Ecommerce Benchmark, the Ecommerce Wiki, the Ecommerce Reports, the National Ecommerce Reports, study trips and custom research. We refer to these services collectively as the “Services”. Using the Services constitutes acceptance of these terms and conditions.
Deviations from these Terms and Conditions is possible only by means of written confirmation by Ecommerce Foundation.
Any written contract/agreement between user(s) (such as curators and Ecommerce Foundation will prevail over these Terms and Conditions. In the case of conflict between any separate written agreement between the parties and these Terms and Conditions the former will prevail.
Article 1. Use of the service
1.1 To use some of the Services, you first need to register. After completing registration, you can directly log into your account and use the service.
1.2 You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Ecommerce Foundation may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Ecommerce Foundation that someone else knows your password.
1.3 Ecommerce Foundation processes your personal data. You give your consent for all forms of processing within the scope of the service. Although the personal data we process will be treated with utmost confidentiality, we cannot guarantee the security of your data disclosed by using the Services.
1.4 By downloading reports or other content from the EcommerceWiki, you give your consent to the Ecommerce Foundation to share your personal data with the third parties of whom you have downloaded said reports or other content.
2.1 It is not permitted to use the Services for any purpose that violates Dutch or other applicable law or regulation. This includes the storage or transmission of data using the Services that is slanderous, libelous or racist, or to publish information that is not based on truth. Negative publications are permitted but only if supported by factual evidence.
2.2 In addition, it is forbidden to
• use indecent language;
• publish information where it is unwanted (off topic);
• publish information that is pornographic or erotic (even if legal under applicable law);
• assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
violate the privacy of third parties, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications; and to do anything that violates the applicable web etiquette.
2.3 Should Ecommerce Foundation discover that you violate any of the above, or receive a complaint alleging the same, then Ecommerce Foundation may intervene to end the violation.
2.4 If you fail to comply with the obligations set out in these Terms and Conditions, or otherwise act in a way which Ecommerce Foundation considers to be inappropriate, Ecommerce Foundation shall be entitled to give written warning. Any failure to comply or other misconduct after the warning has been issued will either result in removal from the Services or termination of any collaboration between you and Ecommerce Foundation. A warning will remain valid for as long as Ecommerce Foundation considers necessary.
2.4 If in the opinion of Ecommerce Foundation the continued functioning of the computer systems or network of Ecommerce Foundation or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Ecommerce Foundation may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Ecommerce Foundation in particular is entitled to change your contributions at its own discretion.
2.5 Ecommerce Foundation is at all times entitled to file a criminal complaint for any offenses committed through or using the Services. In addition Ecommerce Foundation is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these Terms and Conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
2.7 Ecommerce Foundation gives users the possibility to publish information (Content) throughout its Services. Ecommerce Foundation or its curators are not obliged to moderate the Content. If any user of the Services or visitor of the websites discovers Content (as mentioned in this Article and in Article 2.9) that is contrary to the provisions of Dutch law, public order or morality, or other legal provisions, such as a breach of intellectual property rights of third parties, he must notify Ecommerce Foundation. Ecommerce Foundation will investigate the complaint and will take measures if needed.
2.8 Ecommerce Foundation publishes own Content, such as reports, research (data) or investigation results. Ecommerce Foundation makes a reasonable effort to constitute the Content, but cannot guarantee that the Content is used for the purpose as referred to.
2.9 Ecommerce Foundation will use content and information from third parties. This content and information will be published with their consent and if possible with reference of the source.
Article 3. Availability and maintenance
3.1 Ecommerce Foundation makes no promises regarding availability of the Services.
3.2 Ecommerce Foundation actively maintains the Services. Maintenance can take place at any time, even if this may negatively impact the availability of the Services. Maintenance is announced in advance whenever possible.
3.3 Ecommerce Foundation may from time to time adapt the Services. Your feedback and suggestions are welcome but ultimately Ecommerce Foundation decides what adaptations to carry out (or not).
3.4 Ecommerce Foundation has the right to seize a Service without prior notification. By using the Services you agree that Ecommerce Foundation is under no obligation to return any information provided by you during your use of the Services. Furthermore, in the event Ecommerce Foundation terminates a Service, you agree that Ecommerce Foundation is under no obligation to offer a refund or any other type of compensation.
Article 4. Intellectual property
4.1 The Services, the accompanying software, trademarks, trade names (whether registered or unregistered), proprietary rights in domain names, knowhow, confidential information and Content as mentioned in Article 2.8, as well as all information and images on the website are the intellectual property of Ecommerce Foundation. None of these items may be copied or used without prior written permission of Ecommerce Foundation, except and to the extent permitted by mandatory law.
4.2 All submissions, ideas, remarks or other information you store or process using the Services is and remains your property (or the property of your suppliers or licensors). Ecommerce Foundation receives an unlimited license for use of this information for other services of Ecommerce Foundation.
4.3 The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of your use of the Services. Ecommerce Foundation may decide to adapt or remove the information in order to improve and/or expand the information.
4.4 You represent and warrant that all submissions, ideas, remarks and other information you submit by using the Services are current, accurate and true. You alone are responsible for the accuracy and truthfulness of all submissions, ideas, remarks and other information you submit by using the Services. You shall indemnify and hold harmless Ecommerce Foundation against any losses, costs and expenses arising from a breach of this warranty.
4.5 If you send information to Ecommerce Foundation, for example a bug report or suggestion for improvement, you grant Ecommerce Foundation a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6 In case Ecommerce Foundation discovers your contributions have been copied by third parties in combination with contributions of others, then Ecommerce Foundation is authorized to take legal action against such copying under its own or your name. All costs will be borne by Ecommerce Foundation but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing Ecommerce Foundation to act against copying of (substantially) all contributions to the Services.
4.7 Information (Content) you store or process (publish Content on the EcommerceWiki or in reports) using the Service is and remains your property (or the property of your suppliers or licensors). Ecommerce Foundation receives an unlimited license for the use of this information, including the right to sell (sublicense) the information to third parties, the right to use this information for other services of Ecommerce Foundation and the right to modify and/or delete the information.
4.8 The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Ecommerce Foundation may decide to adapt or remove the information.
4.9 Content you download or copy (such as reports) may only be used for private use.
Article 5. Compensation for the service
5.1 You may use some of our Services for free. However, to use other functionalities of the Services, a payment (in advance) may be required. This, for instance, applies to the functionalities designated as “Premium Benchmark” and “Custom Benchmark”.
5.2 Payment is possible by making a wire transfer to the account of Ecommerce Foundation, or as explained further on the website. A payment term of 30 days applies unless otherwise specified.
5.3 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
5.4 Credits are not refunded.
Article 6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence, Ecommerce Foundation is not liable for any direct damages.
6.2 Ecommerce Foundation in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption. In particular, Ecommerce Foundation shall in no event be held liable for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of its computer system’s infrastructure. Furthermore, Ecommerce Foundation will in no event be held liable for any errors or omissions contained in the contents of its Services.
6.3 Ecommerce Foundation is in no event liable for any damages whatsoever that hold connection or are related to the Content and/or Reports published by Ecommerce Foundation or users on the Services. Users of the Services indemnify Ecommerce Foundation against all claims by third parties.
6.4 Damages may only be claimed if reported in writing to Ecommerce Foundation at most two months after discovery.
6.5 In case of force majeure Ecommerce Foundation is never required to compensate damages suffered by you. Force majeure includes disruptions or unavailability of the Internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated. You can terminate the agreement with a notice period of two months.
Article 8. Changes to terms
8.1 Ecommerce Foundation may change or add to these Terms and Conditions as well as any prices at any time.
8.2 Ecommerce Foundation shall announce through the service changes or additions at least thirty days before their taking effect.
8.3 If you do not want to accept a change or addition, you may terminate the agreement until the date the changes take effect. Use of the Services after the date of effect shall constitute your acceptance of the changed or added-to Terms and Conditions.
Article 9. Miscellaneous provisions
9.1 Dutch law applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the Services shall be brought before the competent Dutch court for the principal place of business of Ecommerce Foundation.
9.3 For any clause in these Terms and Conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Services shall be sufficient provided that the authenticity of the sender can be established with sufficient certainty and that the integrity of the statement has not been compromised.
9.4 The version of any communication of information as recorded by Ecommerce Foundation shall be deemed to be authentic, unless you supply proof to the contrary.
9.5 In case any part of these Terms and Conditions is declared legally invalid, this shall not affect the validity of the whole of the agreement. In such an event, the parties shall agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6 Ecommerce Foundation is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of the Services or the associated business activities.