These General terms and conditions for use of the Website (“Terms”) are an agreement between you and ECR AG, and govern your use of the Website, unless any special function is accompanied by a separate license, in which case the separate license shall govern.
BY ACCESSING OR USING THE WEBSITE YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS AND/OR USE THE WEBSITE.
In these Terms, “Website” means the ECR AG’s website located at: https://ecredits.com/ or any of its subdomains or subpages (collectively, the “Website”). “User”, “you” or “your” refers to the person, company or organization that visits our Website, and “ECR AG”, “we”, “us” or “our” refers to ECR AG, Aeulestrasse 74, 9490 Vaduz, Liechtenstein.
PLEASE NOTE THAT THESE TERMS GOVERN SOLELY YOUR USE OF THE WEBSITE AND DO NOT GOVERN ANY FURTHER ENGAGEMENT BETWEEN ECR AG AND YOU. INFORMATION ON THE WEBSITE ARE FOR YOUR GUIDANCE ONLY. BEFORE ANY FURTHER LEGALLY BINDING RELATIONSHIPS, WE WILL ENTER INTO SEPARATE AGREEMENT, CLEARLY STATING OUR SCOPE OF WORK AND OUR TERMS OF ENGAGEMENT.
2. Use of website
You are provided with access to this Website in accordance with these Terms. You agree to use the Website in a manner that does not cause harm to us, other users or third parties. We reserve the right to terminate or restrict your access to the Website without prior notice if you violate these Terms or if you abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if we have reason to believe that you are engaged in illegal activity or compromise other users’ or our data security or privacy.
3. License to use the website
4. Restriction of use
Your right to use the Website is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Website or any component of it, except as expressly authorized by us as described in this section. Failure to comply with any of the provisions set forth herein may, at ECR AG’s sole discretion, result in the termination of your use of the Website and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by ECR AG, you may not:
- use the Website and general information on the Website such as contact information, text, graphics, photos, videos, files, logos, data compilations, links, documentation, know-how, specifications materials, designs, and other features obtained from or through the Website (collectively, the “Content”) for any illegal, immoral, unlawful and/or unauthorized purposes;
- use the Website and/or Content for non-personal or commercial purposes;
- interfere with or violate other users’ rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Website and retrieve, index and/or data-mine information;
- interfere with or disrupt the operation of the Website or the servers or networks that host the Website, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
- take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
- bypass any measures we may use to prevent or restrict access to the Website;
- create a database by systematically downloading and storing all or any of the Content from the Website;
- transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or any Content except to the extent explicitly permitted in these Terms or any applicable supplemental legal notices;
- use any network monitoring or discovery software to extract information about usage, individual identities, or users;
- copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website or any Content, except to the extent explicitly permitted by us,
- use the Website for any purpose for which the Website is not intended; and/or
- infringe and/or violate any of the Terms.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, IP addresses, and traffic information.
5. Reservation of rights
6. Intellectual property
The Intellectual Property Rights in Website and the materials on or accessible via it belong to ECR AG, its affiliates or its licensors. This Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website). ”ECR AG” and ECR AG logo are trademarks, which belong to ECR AG, and they may not be used, copied or reproduced in any way without written consent from ECR AG. All trademarks not owned by ECR AG are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. For these purposes “Intellectual Property Rights” includes the following, but is not limited to (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
7. Compliance with law
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any actions conducted on or through the Website.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your computer and/or your Personal Information.
9. Links to third party websites
Our Website may include links to third party websites. If you use any links made available through the Website to reach other websites not maintained by ECR AG, you will leave our Website. The linked sites are not under the control of ECR AG and we are not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that site. We provide these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by ECR AG of the linked website, nor does it imply that the linked website recommends, approves of, or endorses ECR AG.
Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. You further acknowledge and agree that ECR AG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource.
10. Availability and modifications
The Website availability and functionality depends on various factors, such as communication networks. ECR AG does not warrant or guarantee that the Website will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
ECR AG reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Website (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Website may be changed, extended in terms of content and form or removed at any time without any notice to you. In the event of modification, your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check our Terms regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website and must not access and/or use the Website. You agree that ECR AG shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Website or the Content included therein. You hereby agree that ECR AG is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
11. Limitation of liability and warranties disclaimer
Except as expressly provided in these Terms, we make no representations and we disclaim any and all warranties of any kind, expressed or implied, to the fullest extend permissible under applicable law about the suitability, reliability, availability, timeliness and accuracy of the Information, Content, Third Party links made available on our Website for any purpose. Our Website, Information and related graphics are provided on “as is” basis, without warranty of any kind.
TO THE EXTENT LEGALLY PERMISSIBLE, THE WEBSITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. ECR AG WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.
The information we place on the Website may include inaccuracies or typographical errors. To the maximum extent permitted by applicable law, in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages, loss of use, data, profits, goodwill or reputation, personal injury or expense of any nature, arising out of or in connection with
(i) your access and use of the Website
(ii) your inability to use the Website
(iii) any information or Content contained on the Website
(iv) any your information or material transmitted over the Website; whether based on contract, tort, negligence, strict liability or otherwise.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; therefore, the above limitation does not apply to users in such jurisdiction. If you are not satisfied with the Website or if you do not agree to these Terms, your only and exclusive remedy is to stop accessing/using our Website.
In connection with Your use of the Website You may provide us with suggestions, ideas, reviews, comments, and questions or other information and/or material regarding the Website (“Feedback”). After providing the Feedback to us you continue to retain any Intellectual Property Rights to the Feedback that you may have and you grant us and our partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that you also give to us, without charge, the right to commercialize your Feedback in any way and for any purpose. We have no liability for any loss or damage suffered by you as a result of the disclosure or use of such Feedback.
You agree not to provide us with Feedback that is subject to a third-party license that requires us to license the Website or the material contained therein to third parties because we include your Feedback in the Website. Further, we do not solicit or wish to receive any Feedback from you that is deemed confidential or proprietary, unless specifically so requested by us. Any Feedback that you submit to us will be deemed non-confidential or non-proprietary, unless we have specifically stated otherwise. We are not responsible for Feedbacks of third parties or any materials that are provided by you and/or third parties.
13. Termination and right to refuse
ECR AG reserves the right to refuse the access to Website to anyone at any time. We may cease providing you with all or part of access to Website at any time for any reason, including, but not limited to, if we reasonably believe that:
(i) you have violated our Terms,
(ii) you create risk or possible legal exposure for us; or
(iii) our provision of the Website to you is no longer commercially or socially viable.
We will make reasonable efforts to notify you about the termination through the e-mail address provided by you the next time you contact us.
14. Governing law, dispute resolution
Any dispute between the parties will be governed by these Terms in accordance with the laws of Liectenstain, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. All disputes or claims arising out of or in connection with these Terms, including but not limited to its breach, termination, validity, nullity or any other disputes or claims arising out of or in connection with these Terms, Website, shall be settled in front of applicable court in Vaduz, Liechtenstein.
- Entire Agreement
- No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
- Force Majeure
ECR AG shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
We may transfer, assign or delegate the Terms and its rights and obligations without consent.
- Collection of data
16. Contact and complaints
©ECR AG (August 2019)