Terms & Conditions of Ecommerce Operations
TERMS AND CONDITIONS
These are our General Terms and Conditions. These General Terms and Conditions apply to all our products and websites, the EcommerceWiki, Safe.Shop, Scamadviser and Ecommerce Foundation. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
Article 1: Identity of the trader
The name of the trader is Ecommerce Foundationworking under the trading name Ecommerce Foundation and Safe.Shop, based in The Netherlands, with its principal place of business at Entrada 123, 1114AA, Duivendrecht, Netherlands, and registered with the Chamber of Commerce under registration number 66717809.
We offer different services which are as follow: Research: with our monthly ecommerce reports; EcommerceWiki: a knowledge portal for ecommerce professionals; Safe.Shop: the Global Ecommerce Trustmark, Legal.Safe.Shop: where legal documents to set up an online website are available in different languages and legistations. We also organize events such as VIP dinners, study trips and conferences.
Article 2. Definitions
2.1 Website: the Websites of Ecommerce Foundation, to be found on www.ecommercewiki.org , www.ecommercefoundation.org, www.safe.shop, www.legal.safe.shop www.scamadviser.com and all of its subdomains.
2.2 Client: the natural person or corporation who enters into an agreement with Ecommerce Foundation and/or is registeredon the Website.
2.3 Agreement: any arrangement or agreement between Ecommerce Foundation and the Client of which the General Termsand Conditions are an integral part.
2.4 General Terms and Conditions: the General Terms and Conditions to be applied to all the services and products the Ecommerce Foundation offers.
2.5 Specific Terms and Conditions: those specific Terms and Conditions to be applied exclusively for one of the products or services Ecommerce Foundation offers.
2.6 Services: all the services provided on any of our websites which include, the Ecommerce Trustmark logo, Legal documents, Ecommerce Reports, Dinners, Trips and Events and the articles, reports and ecommerce courses offered on the Ecommerce Wiki website.
Article 3. Applicability of the General and Specific Terms and Conditions
3.1. The General Terms and Conditions apply to all offers, agreements and deliveries of Ecommerce Foundation, unless explicitly agreed otherwise.
3.2 The specific terms and conditions apply specifically to the offer, agreement and deliveries that it is intended to.
3.3 Deviations from these Terms and Conditions is possible only by means of written confirmation by Ecommerce Foundation
3.4 Any written contract/agreement between user(s) 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 4. Specific Terms and Conditions of www.safe.shop
Article 4.1 Definitions
4.1.1 Application Form: the form on the website of Safe.Shop or one of its Trust Partners which a Merchant may submit to apply for Certification.
4.1.2 Certification: the (annual) process of certifying a Merchant’s compliance with the applicable requirements, depending on the Level of Certification applied for.
4.1.3 Certification Fee: the (annual) fee which a Merchant is required to pay for (annual) Certification, corresponding with the Level of Certification applied for by the Merchant.
4.1.4 Certifying Partners: our authorized Law Firms that entered into an agreement with us in order to perform the certification according to National Law and in some cases the Global Code of Conduct certification.
4.1.5 Reseller Partner: authorized associations, organizations, companies or personas that are allowed to distribute and market the Safe.Shop Trustmark in their approved territory.
4.1.5 Code of Conduct: the Global Ecommerce Code of Conduct is a set of rules created by several experts to protect your consumer rights. You can find it here: https://safe.shop/uk-en/consumers/the-code-of-conduct
4.1.6 Merchant: any online business eligible to apply for Certification.
4.1.7 Trustmark: the mark or logo provided by Safe.Shop to indicate that the Merchant has been approved by Safe.Shop as a reliable online shop.
4.1.8 Trust Partner: another company that promotes and/or sells the Safe.Shop Trust Mark and/or certifies merchants for the Trust Mark.
4.1.9 Yearly payment: amount owed to Safe.Shop on a yearly base
4.1.10 Badge: additional services that can be added to the Trustmark Membership.
4.1.11 National Law Badge: certification done by any of the Certification Partners or Safe.Shop, that establishes the compliance with certain national regulations by any of the Merchants.
4.1.12 Review system: means the technology provided by Safe.Shop which enables the Member to collect and manage Customers’ ratings and display a summary of these ratings directly on the Website(s) according to the Specifications of Service
4.1.15 Algorithm of Scamadviser: more than 40 technical factors which analyses the reliability of an online website
4.1.16 Trustscore: Scamadviser score based on the Scamadviser algorithm
4.2 Usage of the Trustmark
4.2.1 There are four membership models in order to obtain the Trustmark: Freemium, Silver, Gold and Platinum.
4.2.3 In the paid versions (Silver, Gold and Platinum) online shops will be checked by Safe.Shop or one of our authorised Legal Trust Partners for their compliance to our Global Code of Conduct and or National law.
4.2.5 There are additional badges that the Merchant can purchase to obtain more legal certainty and or security (https://www.safe.shop/uk-en/online-shops/trust-badges. These badges will be delivered by Safe.Shop.
4.2.6 For the National Law badge third parties will be involved, being these our authorized Certifying Trust Partners. The assessment by which the National Law Badge will be approved or not, will be delivered by our Certifying Trust Partners. Ecommerce Foundation takes no responsibility on the assessment the Certifying Trust Partner delivers.
4.2.7 Reseller Partners and Certification Partners are bound by these terms and conditions however, the applicability of these terms and conditions are subject to the bilateral partnership contracts which will prevail in case of contradiction with these terms and conditions.
4.3 For Merchants
4.3.1 The amount of Merchant’s yearly payment obligation is based on Merchant’s Application Form.
4.3.2 Safe.Shop or any of its approved Reseller Partners will invoice the Merchant for the yearly amount. Monthly payments will not be accepted. Merchant agrees to electronic invoicing.
4.3.3 Invoiced amounts are due and payable within fourteen (14) days after the invoice date. If Merchant fails to pay an invoice in full within the payment term, then upon expiry of this term the Merchant is automatically in default with respect to the due amount, without any notice of default being required. If payment is not made in full within the payment term, Merchant will be liable to pay interest at the statutory interest rate on the outstanding sum as from the first day after the final date for payment, plus a sum of twelve euros and fifty cents (€12.50) administration fees, without the any notice of default being required. In such a case the Merchant will also be liable to pay for all judicial and extrajudicial (collection) costs actually incurred by Safe.Shop, including, but not limited to, the fees of attorneys, bailiffs and debt collection agencies.
4.3.4 The claim for payment becomes immediately enforceable if the Merchant is declared insolvent, applies for a moratorium, or any attachment is secured upon its property, or dies, becomes bankrupt or its business is wound up.
4.3.5 All prices quoted by Safe.Shop on the website are in euros and exclusive VAT unless explicitly specified otherwise.
4.3.6 On request of Safe.Shop, Merchant shall enable Safe.Shop to determine whether the information provided by Merchant is (still) accurate, e.g. by providing supporting information, or granting the required permission, authorization or proxy to obtain or verify this information from the authorities or another third party.
4.3.7 Upon Merchant’s receipt of notice by or on behalf of Safe.Shop that Merchant has successfully completed the Certification, Merchant shall integrate the Trust Mark on its website in accordance with instructions provided by or on behalf of Safe.Shop.
4.3.8 Merchant is at all times solely responsible for compliance with the requirements of the applicable Level of Certification. Safe.Shop has the right to remove the Trust Mark from the Merchant’s website, or adjust the Level of Certification, at any time, without any warning and with immediate effect when:
· Merchant does not fully comply with the requirements for the Level of Certification corresponding with the Trust Mark;
· Safe.Shop terminates the contract with a legitimate reason
· Merchant is in default on a payment obligation
4.4 Exclusion catalogue:
This exclusion catalogue collects all the types of Merchants that will be excluded from the possibility of adopting our Trustmark on their site. Ecommerce Foundation at all times has the right to decide weather a website is allowed to obtain the Safe.Shop Trustmark or not.
The excluded websites are as follows:
1. Products that are legally prohibited from sale.
2. Problematic erotic products: Media, diagrams and other content are problematic when considered by the average observer to be pornographic or obscene.
3. Products relating to National Socialism, racism or xenophobia, including where these are not illegal.
5. Fake certificates and IDs: In addition to forged official documents, this also applies to fake certificates and qualifications.
6. Extra-terrestrial plots of land and similar rights: This covers any offers to purchase plots of land and similar rights in outer space, as such transactions are not legally possible.
7. Cryptocurrency websites, investment services and financial services.
8. Products that pose a health risk. Psychoactive substances that are offered for the purpose of consumption for intoxication are considered problematic.
4.6.1 To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website (https://www.scamadviser.com/account/register )or directly on the Safe.Shop website ( https://www.safe.shop/uk-en/join-now)
4.6.2 During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password.
4.6.3 The Client must keep its login credentials, user name and password strictly confidential. Ecommerce Foundation cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
4.6.4. If the Client knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Ecommerce Foundation accordingly so as to allow Test to take appropriate measures.
4.7.1 To the fullest extent permitted by law, the rights (including all intellectual property rights) in any material, information, notifications, reviews, articles or other types of communication (hereinafter referred as “content”) created on the Website by the Users are owned by the Users. We may however freely use and transfer the content. Our non-exclusive access to freely use the content applies irrevocably without any time limitation and without territorial limitations.
4.7.2 Users are liable for the content they publish on the Website using our Review System.
4.7.3 Users warrant that all content posted on the Website using our Review System is correct and true (where they state facts) or genuinely held (where they state opinions).
4.7.4 The published content must relate to a company or an organisation from which the User has purchased or can otherwise document using the company's or organisation's products or services.
4.7.5 You may not publish any content regarding companies to which you have personal or professional relations.
4.7.6 Your Submission will be made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission will also be made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for Safe.Shop promotional purposes.
4.7.7 Users must not publish any content on the website which:
· is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane,
· is of a marketing nature or marketing purposes,
· has sexist, political or racial character,
· violates other people's rights, including any intellectual property rights,
· is offensive or in any way breaches any applicable local, national or international law or regulation,
· violates these User Terms, including the User Guidelines,
· has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes),
· is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
Any comment that violates any of the above, will be either modified or deleted manually. Our right to delete will not be conditioned on an explanation, although we will strive to inform the User about the deletion and the reason hereof.
4.7.8 User contributors of content warrant in every context that the content is lawful and in compliance with the User Terms. If we receive notice or otherwise become aware that the content violates current legislation and/or the User Terms, we may delete the content without any notice, and we - dependent on the character of the violation - may inform the violated party and/or the authorities of the violation.
4.7.9 The User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the User's content.
4.7.10 The User must guarantee to indemnify us for any claims which may be made against us as a consequence of the User's violation of the User Terms or current legislation. The User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the content of the User.
4.7.11 We may at any time request information about the content from the User, including documentation supporting the information included in the content. The User must e.g. document that the Content is based on an actual buying experience in an actual customer relation to the company to which the Content relates.
4.7 Duration and termination with the Agreement between Safe.Shop and Merchant
4.7.1 The agreement between Safe.Shop and the Merchant will be of one (1) year duration with no possibility of withdrawal until that year has expired.
4.7.2 From the moment this subscription is concluded it remains in force for the remainder of the same calendar year. After this period, the Agreement is automatically renewed with successive terms of one (1) year, unless either party provides notice of termination to the other party at least one (1) month
Article 5. Specific Terms and Conditions of www.legal.safe.shop
5.1 The result of the generators depends on the answers you have filled in, therefore we advise to carefully go through the questions from the generator. You are responsible for determining whether the relevant document or advice fits your situation.
5.2 When you place an order, you enter into an agreement with Ecommerce Foundation and Juridox .
5.3 The documents are based in different Laws from different countries and provided in different languages. If you want to use these documents and advice outside the selected country, this is at your own risk.
You can access a "document folder" via our platform. This is an overview of your generated documents and advice, including the results of the advisory wizard. The document folder is protected against unauthorized persons by means of the user name and password. You must keep the password strictly confidential. Ecommerce Foundation assumes that everything that happens from your user account after registration with your username and password, is done under your supervision.
5.4 Our Trust Partners are the ones who create the template documents for www.legal.safe.shop. Our Trust Partners are all law firms that have been carefully selected and which will provide their maximum effort s to keep all the legal documents up-to-date.
5.5 We have a 100% satisfaction guarantee. If you are not satisfied with the document or advice, you have the option to request a refund within 30 days after placing your order. You must of course have paid and we appreciate it if you give us the opportunity to repair any shortcomings. If you claim this scheme, you may no longer use the document or advice.
5.6 If Ecommerce Foundation or one of its Trust Partners at your request (which you can indicate during the ordering process) perform additional work, this will be done at the rate stated in the offer. For example, it is possible to have the document or advice generated by you checked by a lawyer. It is also possible to make an additional work request. An additional work request always runs through the Trust Partner of the relevant document or advice. You will then also enter into a separate agreement with the Trust Partner. In this case, the general terms and conditions of the relevant knowledge partner also apply. You can not appeal to Ecommerce Foundation for the results of the additional work request. Of course we want all Trust Partner to deliver quality. If you are not satisfied, we would appreciate it if you inform us about this.
5.7 Payment can be made via the payment methods that are displayed during the ordering process.
You agree with electronic invoicing. The invoice will be made available in PDF and sent to you by e-mail.
Article 6. Specific Terms and Conditions of www.ecommercewiki.org
6.1.1 Curator: curators will be carefully selected by our EcommerceWiki team to write articles and to be responsible for the changes that other users may add to the topic for which they are writing. Every curator will only be responsible for 1 topic.
6.1.2 Reports: the country Ecommerce reports created by the Ecommerce Foundation, or other Ecommerce related company reports uploaded by anyone registered.
6.1.3 Courses: Ecommerce courses created by the Ecommerce Foundation which explain from the basics of Ecommerce to more expert Ecommerce topics.
6.1.3 Content: reports, articles and courses.
6.1.4 Services: download our reports, articles or courses or add events.
Article 6.2 Registration process
6.2.1. To use our services, you first need to register. You must not provide any false or inaccurate information whether during the registration process or otherwise. After completing registration thanks to the email sent to your email address, you can directly log into your account and use the service.
6.2.2 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.
6.2.3 Registration is an indispensable requisite in order to download our reports, articles or courses or add events.
6.2.4 If you agreed during the registration process, Ecommerce Foundation will process your personal data. Ecommerce Foundation takes care of your personal data, for more information about on how we process your data, please visit https://www.ecommercefoundation.org/privacy
6.3.1 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.
6.3.2 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.
6.3.3 Should Ecommerce Wiki discover that you violate any of the above, or receive a complaint alleging the same, then Ecommerce Wiki may intervene to end the violation.
6.3.4 If you fail to comply with the obligations set out in these Terms and Conditions, or otherwise act in a way which Ecommerce Wiki considers to be inappropriate, Ecommerce Wiki 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 Wiki. A warning will remain valid for as long as Ecommerce Wiki considers necessary.
6.3.5 If in the opinion of Ecommerce Wiki the continued functioning of the computer systems or network of Ecommerce Wiki 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 Wiki may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Ecommerce Wiki in particular is entitled to change your contributions at its own discretion.
6.3.6 Ecommerce Wiki is at all times entitled to file a criminal complaint for any offenses committed through or using the Services. In addition Ecommerce Wiki 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.
6.3.8 Ecommerce Wiki gives users the possibility to publish information (Content) throughout its Services. Ecommerce Wiki 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 Wiki. Ecommerce Wiki will investigate the complaint and will take measures if needed.
6.3.9 For the avoidance of doubt, the Ecommerce Wiki claims no intellectual property rights with respect to any of the content that you elect to provide to the Ecommerce Wiki website, including your profile and any materials you voluntarily elect to upload to the website. However, by choosing to make your web pages and related content available on the Ecommerce Wiki in a form that is intended to be shared publicly, you hereby grant to Ecommerce Foundation a non-exclusive license (with rights of sublicense) to reproduce, prepare derivative works, publicly display, publicly perform, and distribute any and all such web pages and content as part of the Service, and you agree to allow all registered users and other individuals who access and use the Ecommerce Wiki website, to access, view, publicly display, comment upon, review, share your related content (or any portions of any of the foregoing) as part of or otherwise in connection with the Service.
Article 6.4. Availability and maintenance
6.4.1 Ecommerce Wiki makes no promises regarding availability of the Services.
6.4.2 Ecommerce Wiki 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.
6.4.3 Ecommerce Wiki may from time to time adapt the Services. Your feedback and suggestions are welcome but ultimately Ecommerce Wiki decides what adaptations to carry out (or not).
6.4.4 Ecommerce Wiki has the right to seize a Service without prior notification. In the Ecommerce Wiki terminates a Service, you agree that Ecommerce Wiki is under no obligation to offer a refund or any other type of compensation.
Article 7. Specific Terms and Conditions of www.ecommercefoundation.org
7.1.1 Ecommerce Reports: reports made by the Ecommerce Foundation which study and analyse the ecommerce in a certain country or region
7.1.2 Content: research data, reports, investigation results made publish by the Ecommerce Foundation.
7.1.3 Light version of the report: shorter version of the report which can be downloaded for free.
7.1.4 Full version of the report: full version of the report that can be purchased.
7.1.5 C-Levels: CEO, COO, CFO, CMO, CIO, CSO, CCO, CDO
7.1.6 Ecommerce reports by the Ecommerce Foundation:
7.6.1 The Ecommerce Foundation makes country and region-based ecommerce reports throughout the year. These reports are available in 2 versions, the light version and the full version.
7.6.2 The reports are available for download via our Ecommerce Wiki website for the light version of the report, and via the Ecommerce Foundation website for the full version.
7.1.1 Use and ownership of the reports
Subject to compliance with these Website General and Ecommerce Foundations ‘specific Terms and Conditions, permission is granted to download and use the materials (information or software) available on the Ecommerce Wiki website or the Ecommerce Foundation website. The permission to use the materials is by the grant of a licence, and under this licence you may not:
· modify the materials;
· remove any copyright notice or other ownership notations from the materials
· attempt to decompile or reverse engineer any software contained on the Ecommerce Wiki or Ecommerce Foundation websites; or
· transfer the materials to another person, company or organisation, or offer, share or reproduce the materials in any kind of service, public forum, internet site or by any other mechanism or to otherwise make the materials available for generation of revenue.
This licence shall automatically terminate if you contravene any of these Website Terms and Conditions and may be terminated by the Ecommerce Foundation at their discretion. Upon termination you will no longer be permitted to use the Website or to download and use materials from it.
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.
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.
7.2.1 We work together with sponsors for our ecommerce reports. These sponsors are carefully selected by our sales team. The general conditions of our relationship with every sponsor will be covered by bilateral contracts. The applicability of these terms and conditions are subject to the contracts which will prevail in case of contradiction with the terms and conditions.
7.2.2 Sponsors are not allowed to distribute or use our reports in a different way than the one established in the bilateral contract.
7.2.3 Sponsors must treat the data we provide them in a legitimate way and that is compliant with the European Regulation on Data Protection or any other Data Regulations depending on the country they are based on.
7.2.4 Invoiced amounts shall be due and payable within 30 days of receipt of invoice. Ecommerce Foundation shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment
7.3 Events, dinners and study trips
7.3.1.Dinners: we organize different dinners throughout the year for C-level participants.
In order to attend to this dinner, you will receive an email invitation with your name. This invitation is individual, and it cannot be transferred to another person. In case you would like someone else within your company to take your place, you will have to inform us within at least 1 weeks’ notice from the date of the dinner.
Attendance to the dinner can be cancelled with at least 2 days in advance of the day of the dinner.
7.3.2 Study trips: we organize study trips aimed at c-levels to different locations throughout the year.
Every study trip has their own specific terms and conditions which we advise you to check before entering into a contract with us. These conditions will be available upon request.
The cancellation conditions of GI Travel / ANVR are applicable to the trips.
Full refund of cancellation is only available with previous notice of 2 months before departure.
Disclaimer: We reserve the right to cancel any of our events, trips or dinners at any time. In case this happens, the Ecommerce Foundation will not be held responsible for any of the transportation tickets, hotel reservations, or any other expense from the attendee related to this event.
Article 8.Specific Terms and Conditions of www.scamadviser.com
8.1 Usage of the website
8.1.1 The user will type in the full URL of a website on the search bar and ScamAdviser will scan the website automatically in more than 40 technical aspects that define the possibility of a site being a legitimate and safe website. With this, it will give a TrustScore which will determine the reliability of this website.
8.1.2 The Ecommerce Foundation is in no way related to any of the websites generated via our search. We are not able to help users in any matter related to their relation with the specific website they searched for.
8.2.1 To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website (https://www.scamadviser.com/account/register )
8.2.2 During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password.
8.2.3 The Client must keep its login credentials, user name and password strictly confidential. Ecommerce Foundation cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
8.2.4. If the Client knows or has reason to suspect that its login details have become available to unauthorized parties, it will be required to change its password as soon as possible and/or to notify Ecommerce Foundation accordingly so as to allow Test to take appropriate measures.
9.1 Limited Warranties
9.1.1 We do not warrant or represent:
· the completeness or accuracy of the information published on our website;
· that the material on the website is up to date; or
· that the website or any service on the website will remain available.
9.1.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.1.3 To the maximum extent permitted by applicable law and article 9 of these terms and conditions, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
9.2. Limitation of liability
9.2.1 The materials in any of ourWebsites are provided “as is”. Ecommerce Foundationmakes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or suitability for a particular purpose. Further,Ecommerce Foundationdoes not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on any of the Ecommerce Foundation’s Websites otherwise relating to such materials or on any websites linked to these Websites. The materials are intended for information only and are not intended by themselves to be relied on when making operational or business decisions.
9.2.2Ecommerce 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.
9.2.3We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.2.4We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.2.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.2.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.2.8 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ECOMMERCE FOUNDATION, NOR ANY OF THE DIRECTORS, EMPLOYEES, TRUST PARTNERS, LICENSORS, CUSTOMERS, AGENTS OR REPRESENTATIVES OF ECOMMERCE FOUNDATION OR ANY OF ITS AFFILIATES, SHALL HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF ANY OF OUR SERVICES* (INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE AND/OR SOFTWARE), AND THE ENTIRE COST AND RISK OF YOUR USE OF THE SERVICE AND/OR INABILITY TO USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR REAL OR PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, YOU COMPUTER HARDWARE AND/OR SOFTWARE) RESIDES SOLELY AND EXCLUSIVELY WITH YOU.)
Article 10. Copyright and Intellectual property provisions
10.1 The content available for downloading is copyrighted. The copyright on any of our products belongs to Ecommerce Foundation. Any total or partial reproduction and/or representation of any of this content shall subject the Customer to legal proceedings in accordance with the current provisions laid out in the Dutch Copyright Act (2015).
10.2 The Services, the accompanying software, trademarks, trade names (whether registered or unregistered), proprietary rights in domain names, know how, 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.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 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.
10.8 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.
10.9 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.
10.10 Content you download or copy (such as reports) may only be used for private use.
Article. 11 Amendment
11.1 Ecommerce Foundation may amend these Terms and Conditions and any applicable prices or fees at any time. Minor changes or additions (excluding prices) have immediate effect, without notification being required. Ecommerce Foundation shall announce non-minor amendments (including price changes) at least thirty (30) days before taking effect.
11.2 If a client or merchant objects to any amendment, the parties will enter into consultation with each other. If client/ merchant chooses not to accept the changes or additions, it may terminate the Agreement until the moment the changes and/or additions take effect. Termination will never result in any repayment obligation for Ecommerce Foundation.
Article 12. Use of personal data
Article 13. Interpretation of the agreement
13.1 Dutch Law applies to this agreement.
13.2 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.
13.3 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.
13.4 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.
13.5 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.