Terms and conditions

European Payments Council's Newsletters Website

TERMS AND CONDITIONS OF USE

1. INTRODUCTION

   This System is operated by the European Payments Council, AISBL, a non-for-profit association, incorporated and registered in Belgium, whose headquarters is located at Avenue de Tervueren 12 (Second floor), B-1040 Brussels, Belgium.

2. CONTENT AND RIGHTS

   1. Links to other web sites

      You may be able to link to other web sites by means of hyperlinks published on the System. These other web sites are owned and operated by third parties and the EPC has no control over them or their content. The fact that the EPC includes hyperlinks on the System or within the information provided on the System does not mean that EPC approves of or endorses any third party web sites to which they will link you, the owners or operators of those web sites or the content of those web sites. EPC accepts no liability for any statements, information, products (including, without limitation, software) or services that are published on or may be accessible through any web sites owned or operated by third parties. Those web sites may also be subject to separate legal terms and conditions.

   2. Content submitted by third parties

      System users (including you) will be allowed to submit content and information to the System ("Third Party Content"), some of which will then be published on the System. EPC does not inspect or evaluate any Third Party Content before it is published on the Website and can give no warranties as to the accuracy, completeness, legitimacy, or appropriateness thereof. The EPC does not approve of or endorse any Third Party Content, nor does any of it necessarily represent the EPC views or opinions. All third parties able to submit Third Party Content to the System will be required to adhere to these terms and conditions and specifically, without limitation, the Acceptable Use Requirements of Section 2.3.

      The EPC may, in its sole discretion, take such steps as it may deem appropriate to remove or restrict access to any Third Party Content which, in its reasonable opinion, contravenes any of the terms of this Agreement (including, without limitation, the Acceptable Use Requirements in Section 2.3.

      The EPC undertakes to use reasonable endeavours to investigate any complaints that any Third Party Content contravenes the provisions of this Agreement and, specifically (without limitation) the Acceptable Use Requirements set out in Section 2.3.

      To the extent that you submit any Third Party Content, you hereby: (i) grant the EPC the right to publish the same on the System and to allow third parties to have access thereto for so long as the EPC deem fit; (ii) agree that the EPC shall be entitled to remove any such Third Party Content where the EPC is entitled or required to do so, either under this Agreement, at law or by a court or other establishment of competent jurisdiction; (iii) indemnify the EPC against any loss, damage, claims or liability arising as a result of your breach of or failure to comply with the Acceptable Use Requirements set out in Section 2.3.

   3. Acceptable use requirements

      You may not upload, post or submit to or distribute or otherwise publish through the System any content or information which: (i) restricts or inhibits any other user from using the System; (ii) is threatening, abusive, defamatory, obscene, offensive, or otherwise unlawful (or which may be reasonably considered to be so); (iii) constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law; (iv) infringes the rights (including, without limitation, intellectual property rights such as copyright, trade marks and patents) of third parties; (v) contains a virus or other harmful component; (vi) contains advertising of any kind; or (vii) constitutes or contains false or misleading indications of origin or statements of fact.

      When you upload, post or submit to or distribute or otherwise publish through the System any content or information, you shall use all reasonable endeavours to ensure that such content or information is accurate, complete and up-to-date.

      You may, in addition, not use the System for any illegal purpose.

   4. Rights in the System

      All rights in the System and in the content published on the System are owned either by the EPC or made available to EPC under licence by third parties.

      The System and all content published on the System (other than Third Party Content) is protected by copyright in the Belgium and other countries. All trade marks and devices displayed on the System (excluding any trade marks and devices included in any of the Third Party Content) are owned by the EPC and/or EPC licensors, and may be registered in many jurisdictions across the world. Save as provided below, any use or reproduction of these trade marks and/or devices is prohibited.

      You may view the content published on the System and you are welcome to print hard copies of material on it for your personal or internal business purposes. You will also be entitled to download certain files from the System made available for this purpose, which you may then use for your personal or internal business purposes. All other copying is strictly prohibited.

3. SECURITY

   You should be aware that the Internet, being an "open network", is not completely secure. If you choose to send any electronic communications to the EPC by means of the System or if you submit any content or information for publication on the System (whether by means of e-mail or through forms made available on the website), you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.

   The EPC will use all reasonable endeavours to ensure that the System is reasonably secure. However, the EPC cannot guarantee that any information displayed on the System has not been changed or modified through malicious attacks.

4. NO WARRANTIES

   The System is provided "as is" and the EPC gives no warranties in respect thereof. Specifically, but without limitation, the EPC does not warrant that:

   1. you will be able to use the System or that it will continue to be made available in its current or any other form;

   2. the System or any software or material of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your equipment or fit for any purpose. It is your responsibility to use suitable anti-virus software on any software or other material that you may download from the System and to ensure the compatibility of such software or material with your equipment; or

   3. any content or information published on the System is accurate or complete.

   Any warranties which would otherwise be implied by law (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded.

5. LIMITATION OF LIABILITY

   The EPC will not be liable to you, whether for negligence, breach of contract or otherwise, for any loss or damage of whatsoever nature suffered by you (including, without limitation, direct loss or damage, indirect or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of anticipated savings, loss of data or loss of profit), arising from:

   1. any computer virus or other malicious routine transmitted through the System;
   2. your use or inability to use the System at any time and any error in the provision of the System;
   3. your use of and/or reliance on other web sites to which you have gained access by means of hyperlinks published on the System;
   4. any inaccurate information published on the System; or
   5. your reliance on any information published on the System. You should note specifically that information published on the System may not be appropriate for your specific purposes or circumstances, and you should always, before acting thereon, obtain independent, professional advice.

   Although the EPC use reasonable endeavours to monitor information submitted to the System at regular intervals, it is not practicable for the EPC to do so on a continuous basis. You hereby acknowledge that we may not have actual knowledge of all information submitted to or made available through the System at any given point in time.

6. PRIVACY

   You agree that the EPC may process personal information about you that we collect through or in connection with the System in accordance with the EPC Newsletter Privacy policy.

7. TERMINATION

   The EPC may terminate this Agreement immediately if you breach any of the provisions hereof, in which event will also revoke your right to access and use the System. The EPC will not be liable for any loss, damage, claims or liability arising as a result from such termination and your inability to use the System as a result thereof.

8. GENERAL

   If any part of the Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall to that extent be severed from the remainder of the Agreement, which shall continue to be valid and enforceable.

   You shall not assign or transfer or purport to assign or transfer any of your rights or obligations under this Agreement without EPC's prior written consent. The EPC shall be entitled to assign or transfer all or any of its rights and/or obligations under this Agreement to any of EPC association members or EPC bodies located anywhere in the world without requiring any further consent from you.

   The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.

   The Agreement is governed in accordance with the laws of Belgium. The courts of Belgium shall have jurisdiction over any dispute arising out of your use of the System or of the Agreement.

9. CONTACT US

   If you have any queries in relation to this Agreement, you can contact the European Payments Council by email to secretariat@europeanpaymentscouncil.eu or at the following address: European Payments Council, AISBL, Avenue de Tervueren 12 (Second floor), B-1040 Brussels, Belgium.