Legal notice, terms of use
Legal notice
Publisher:
Export Entreprises SA :
Société Anonyme [Public limited company] with capital of EUR 801,823.68Headquarters: 1 rue de stockholm 75008 - Paris
Registered with the RCS Paris under the SIREN No: 950571224
Telephone: +33 1 55 27 25 25
Publication director: Etienne Vauchez, Director General of Export Entreprises
Contact us: info[at]export-entreprises.com (replace "at" by @)
The information you provide through electronic correspondence is intended for internal use only and will not be published nor passed onto third parties.
You have the right to access, modify, rectify and delete data concerning you (pursuant to article 34 of the French Data Protection Act (Loi Informatique et Libertés).
To do so, please contact: info[at]emporikitrade.com (replace at with @).
Terms of use of the Emporiki Trade
1. Definitions
2. Purpose of the Emporiki Trade
3. Coverage of Terms of use
4. Conditions of access to the Services
5. Subscription to the Business Alert service
6. Acceptance of receiving promotional materials from Emporiki Bank
7. Liability of EXPORT ENTREPRISES SA
8. User password
9. Ownership of information
10. Assistance
11. Site Maintenance
12. Right of access to a digital file
13. Claims
14. Jurisdiction
Preamble
Emporiki Bank and its subsidiaries have chosen EXPORT ENTERPRISES SA as a service provider to provide their Clients with information relating to import and export operations that the latter has collected from its partners.
Any use of this internet website constitutes unconditional acceptance, by all the Clients of the Emporiki Bank companies, of the particulars contained in these Terms of Use.
1. Definitions
• "Emporiki Trade ": the name of the website concerned by these Terms of Use (hereinafter the “Site”), owned by Emporiki Bank and its subsidiaries.
• Client : any company or any professional Client of one of the companies of Emporiki Bank Group using the free services of the “EmporikiTrade” website; each Client is represented by one (or several) User(s), physical person(s) authorized by the Client to use the Site on his behalf. In order to access the services of the Site, the User must complete the Identification Form.
• User : any physical person performing functions for a Client to whom has been issued a User password.
• Identification Form: a document completed by the User, which allows him to log on to the Site and access its services.
• User password: a secret code which the User has chosen to access the services offered on the EmporikiTrade Site and to preserve exclusive rights of access to his own User profile.
• User Profile: All information relating to a User, including information characterizing the activity of the Client, his User name and the memory space and directories made available to the User by EXPORT ENTERPRISES SA.
• Directory: memory space allocated to the User on the EmporikiTrade Site, where he can receive answers to his questions; the directory is also called the EmporikiTrade MAIL [MESSAGERIE].
• Subscription Form: online form to subscribe to the “Business Alert” [VEILLE] service, a personalized information Business Alert service available to the users of EmporikiTrade, which allows them to receive, through their EmporikiTrade MAIL service, market research studies and sector memos related to their industry sector and concerning specific geographical areas.
• Partner: companies other than EXPORT ENTERPRISES SA involved in the production of information or services offered by the Site.
2. Purpose of the Emporiki Trade
The sole objective of EmporikiTrade is to help independently acting professionals, that is to say companies, self-employed persons, merchants, craftsmen, or any other entities that seek to develop their overseas business. It consists of two parts:
- Freely accessible information: Atlas of countries, Modules, Glossary, News;
- Information and services requiring registration: Sector information, Business Alert, Services, the access to which is limited to “Clients,” that is to say to companies or professionals who have previously logged on to the Site.
Emporiki Bank and its subsidiaries therefore allow their Client to access information provided by EXPORT ENTREPRISES SA.
All information available on the EmporikiTrade Site is for informational purposes only and the response periods given by EXPORT ENTERPRISES SA are indicative. Emporiki Bank and its subsidiaries shall not be held liable for the content of information provided on the Site or response periods of EXPORT ENTERPRISES SA. The Client remains solely responsible for the use of this information and the results thereof. It is his responsibility to verify the relevance of the information provided before its use.
Identification becomes effective once the Client has completed the mandatory input fields and confirmed his identification. EXPORT ENTERPRISES SA reserves the right to refuse access to the Site if “identification” is inaccurate or incomplete.
The access to EmporikiTrade is restricted to informed and qualified professionals. EXPORT ENTERPRISES SA reserves the right to deny access to a Client who is not a professional, or who has completed his Identification Form using false information.
3. Coverage of the Terms of Use
These Terms of Use apply to all domain names registered by "EmporikiTrade," as well as to any service offered by Export Entreprises SA. All services of the Site are free of charge and subject to close attention: in order to avoid abuse, EXPORT ENTERPRISES SA reserves the right not to respond to users who would use the free services in a way that is inappropriate or unrelated to their actual needs.
The EmporikiTrade site offers many services: some of these are produced by EXPORT ENTERPRISES SA; others are made available by Export Entreprises SA but produced by third parties, partners of EXPORT ENTERPRISES SA; some may be offered on the "EmporikiTrade" website directly by partners of EXPORT ENTERPRISES SA.
These Terms of Use, which can be accessed from the different webpages of the Site by clicking on the link Terms of Use (or TOU), take precedence over any form of paper document; EXPORT ENTERPRISES SA reserves the right to modify these Terms without notice.
4. The conditions of access to "EmporikiTrade"
The Site can be accessed 24 hours a day, except for periods of downtime due to updates or maintenance or in cases of technical problems, particularly of telecommunication operators. The service interruption is not subject to any form of compensation.
EXPORT ENTERPRISES SA carries out research and processes requests from users during weekdays and during normal working hours in France, from Monday to Friday from 9 am to 6 pm.
4.1. Once a Client has activated the service, EXPORT ENTERPRISES SA carries out the required research and makes every effort to deliver a result within the announced timeframe. EXPORT ENTERPRISES SA will make every effort to meet planned deadlines. However EXPORT ENTERPRISES SA shall not be held liable for exceeding the time indicated, either by itself or by its partners and correspondents.
EXPORT ENTERPRISES SA reserves the right to refuse a request from a Client if it appears, a priori, that its own resources, partners and correspondents will not be able to meet the Client's request.
Moreover, if during the processing of a request it appears that the resources, partners and correspondents of EXPORT ENTERPRISES SA will not be able to meet to the Client's demand, it is the responsibility of EXPORT ENTERPRISES SA to inform the Client as soon as possible. In case EXPORT ENTERPRISES SA stops the research, the Client cannot request any compensation from EXPORT ENTERPRISES SA.
4.2. The delivery of the results:
Upon validation of the payment, EXPORT ENTREPRISES will commence the requested search.
The execution time frames are given for information purposes only.
EXPORT ENTREPRISES shall do its utmost to keep to the stated estimated time frames.
However, EXPORT ENTREPRISES cannot be held liable in case it fails to keep to the time frames given by it or by its correspondents.
EXPORT ENTREPRISES reserves the right to refuse a request for a Client if it turns out that neither its own resources nor its correspondents are able to satisfy the Client’s request. In this case, EXPORT ENTREPRISES shall notify the Client of its refusal, by e-mail, as quickly as possible, after the order’s validation. In addition, if, during the handling of a request, it turns out that the resources or correspondents of EXPORT ENTREPRISES are unable to reply to the Client’s request, EXPORT ENTREPRISES undertakes to inform the Client as quickly as possible.
If the search is abandoned by EXPORT ENTREPRISES, the amounts paid by the Client shall be returned to the latter, although the Client cannot request any other compensation. The reply is sent to the Client by e-mail, to the address indicated on the identification form. Receipt of this message, deemed as acknowledgment of receipt, shall be understood as delivery of the requested service.
For the purchase of printed transport or customs documents, the order is sent by mail, at the User’s expense.
4.2.1 Exemption of EMPORIKI BANK´S liability
The services ordered by the Client from EXPORT ENTREPRISES are rendered by EXPORT ENTREPRISES under its sole and entire responsibility.
Under no circumstances may EMPORIKI BANK be held liable as a result of failures to perform by EXPORT ENTREPRISES in rendering the services offered on the Site or as a result of information provided by EXPORT ENTREPRISES.
4.2.2 The payment
EXPORT ENTREPRISES proceed then to the receipt of the payment of the service, by receipt of a cheque or debit of a credit card.
4.2.3 Invoicing
Once the payment done by one of the means exposed above, EXPORT ENTREPRISES then edit a invoice indicating the service, its price, the VAT applicable, the delivery date, the date and the mean of payment. This invoice is send to the Client by email.
5. Subscription to the BUSINESS ALERT service
Subscription is free of charge. The User indicates, using keywords or choosing from a dropdown menu, which sector(s) of activity (or product details) and which countries he is interested in.
6. Acceptance of receiving promotional materials from Emporiki Bank
You accept to be contacted by Emporiki Bank for Emporiki Bank products offers.
7. The liability of EXPORT ENTREPRISES SA *
(*) in the production of services, the edition of the contents and the links (re-routings) offered by the site:
EXPORT ENTREPRISES SA will make every effort to provide complete, reliable and up-to-date information. However, given the difficulties of accessing information, difficulties connected to the variety of information sources, to the delays, absences and poor conditions of publications and advertising, issues of updating and translating the information concerned, the instability of legal frameworks, of regulation and all kinds of norms more generally, the results and information supplied by EXPORT ENTREPRISES SA to the Clients and Users are only indicative and cannot in any case give rise to liability of either EXPORT ENTREPRISES SA or any of its partners or correspondents, in cases when information or results are found to be incomplete or outdated.
In addition, EXPORT ENTREPRISES SA shall not be held responsible for information, commercial offers and other contents of the websites to which the site has created links.
Finally, EXPORT ENTREPRISES SA shall not be held liable for information which will be posted on the Site because of a malicious act of a third party against its computer system and is not responsible for the disadvantages, technical incidents, viruses and other problems resulting from the use of electronics and telecommunications.
EXPORT ENTERPRISES SA shall not be held responsible in any way whatsoever for any direct or indirect damages, for any kind of harm suffered by the User or the Client due to: (i) the responses provided to clients, (ii) the temporary unavailability of the EmporikiTrade website, (iii) its possible suspensions or interruptions for any reason whatsoever, including technical problems or suspensions for the reasons of maintenance, (iv) other unauthorized persons becoming aware or using the User’s password, (v) the exceeding of the response periods announced by EXPORT ENTERPRISES SA, or by its Partners and correspondents, (vi) a force majeure.
Clients and Users are solely responsible for the questions they formulate and for their use of the information and results provided.
EXPORT ENTERPRISES SA and its partners undertake to keep their Clients’ requests confidential. Finally, neither party can be held liable in case of a force majeure. Are considered as force majeure, beyond the habitual legal definition, any delays or improper performance of its obligations as a result of a partial or total strike, internal or external to either one of the parties affecting the activity of the said party, war, riots, civil unrest, storms, floods, transport or telecommunications blockages, and more generally any event beyond the control of the party that is victim to these unforeseeable circumstances or to a force majeure.
If a force majeure or unforeseen circumstances prevent the running of the Service and in particular no longer allow access to the Site and the provision of services contained therein for more than 30 consecutive days, each party would be free to terminate this contract without notice and by a registered letter with a return receipt. In this case, the User password will be deleted from the database by EXPORT ENTERPRISES SA.
8. The User password
Each User has a confidential and personal “password” by which he identifies himself on the Site.
The password is placed under the sole responsibility of the User, who must take all necessary steps to preserve its confidentiality; he shall not disclose it to third parties, including other Users or any other person working for the Client.
9. Ownership of information
Subscription or identification does not constitute a right of ownership to the information provided. Users and Clients consult “EmporikiTrade” on their own behalf. EXPORT ENTERPRISES SA has the necessary permissions to use all rights concerning the information, data, texts, tables, photographs and graphics available on the EmporikiTrade website.
Accordingly, the Client and Users agree to use the data, information and responses received by the "EmporikiTrade" service solely for their own internal needs, to not communicate them to others, free of charge or otherwise, and not to sell them, directly or indirectly. Failure to comply with this requirement shall result in the cancellation of the subscription and identification, without prejudice to any claim for damages that EXPORT ENTERPRISES SA could bring against the offender.
10. Assistance
Full information about the site, the use of its services, etc. can be obtained by sending an email to: info(at)emporikitrade.com (replace “at” with ).
Regarding the information for banking solutions an email can be sent to this address: emporikitrade@emporiki.gr
11. Site Maintenance
The company EXPORT ENTERPRISES SA reserves the right to terminate all or part of the contents and services provided by the site, for maintenance reasons or otherwise, without it being subject to compensation.
12. Right of access to a digital file
Any Client can request EXPORT ENTREPRISES SA to provide him with the information that concerns him and have it corrected if need be, pursuant to the French Data Protection Act of 6the January 1978 [(Loi relative à l’informatique, aux fichiers et aux libertés)]. He accepts to be contacted through email by Emporiki Bank to receive products offers. He may also disallow the said information from being treated, by writing to EXPORT ENTREPRISES SA, 1 rue de stockholm, 75008 Paris.
12.1 Management of cookies
The EmporikiTrade website places a cookie in the User’s computer. This cookie stores information about the User’s behavior on the Site (pages viewed, date and time of visit, etc.) and stores information that the user entered during his visit. The user will not need to enter it again at a later visit. This information is held in your computer for the period of one (1) year.
The user may prevent “cookies” from being saved on the computer by configuring the browser as follows:
For Mozilla Firefox:
- Select the "Tools" menu and then "Options"
- Click on the "Privacy"
- Find the "Cookies" menu and select the desired option
For Microsoft Internet Explorer:
- Select the "Tools" menu and then "Internet options"
- Click on the "Privacy"
- Select the desired level using the cursor
For Opera 6.0 and later versions:
- Select the "File" menu and then "Preferences"
- Click on "Privacy"
13. Claims
All claims must be sent in writing and by post to EXPORT ENTREPRISES SA, 1 rue de stockholm, 75008 Paris.
14. Jurisdiction
This agreement is governed by Greek law; in case of a dispute regarding the interpretation, performance and fulfillment of any of the provisions of this agreement and in the absence of a mutual agreement between the Client and EXPORT ENTERPRISES SA, claims will be referred to courts in Athens as the only courts recognized as competent to address the dispute.
Written in Paris, 27th March 2012
Copyright © EXPORT ENTREPRISE SA
