Legal Notice
General
By accessing
and using www.atradius.com or any of the mentioned sites
of Atradius at the world wide web (hereinafter: jointly and individually
referred to as the “Web Site”) you agree to be bound by the following Terms and
Conditions of Use of Atradius N.V. and its affiliated companies and
subsidiaries (hereinafter: jointly and individually referred to as
"Atradius") without limitation or qualification.
Atradius may change these Terms and Conditions of Use at any time without
notice. Changes will be posted under “Legal Notice”. Your use of the Web Site
after any changes have been posted will constitute your agreement to the
modified Terms and Conditions of Use and all of the changes. Therefore, you
should read these Terms and Conditions of Use from time to time for changes.
Atradius will use reasonable
efforts to provide accurate information on this Web Site. This information is
for general guidance on matters of interest only. The application and impact of
this information can vary widely based on the specific facts involved. Given
the changing nature of laws, rules and regulations, and the inherent hazards of
electronic communication, there may be delays, omissions or inaccuracies in
information contained in this Web Site. All information on this Web Site is
provided "as is".
It is your responsibility to
evaluate the accuracy, completeness and usefulness of any opinions, advice,
services or other information provided. All information contained on any page
set up by an entity of Atradius is distributed with the understanding that the
authors, publishers and distributors are not rendering legal, accounting or
other professional advice or opinions on specific facts or matters and
accordingly assume no liability whatsoever in connection with its use. You
should consult your own legal or tax advisor with respect to your personal
situation.
Ownership and Operations
This Web Site is owned and
operated by Atradius. Atradius controls and maintains this Web Site and makes
no representation that the information provided on or via this Web Site is
appropriate or available for use in all locations. When using this Web Site,
you are responsible for compliance with local laws that apply to users of the
world wide web.
Copyright
All copyright and other
intellectual property rights in all text, images, sound, software and other
materials on this Web Site are owned by Atradius or are included with
permission of the relevant owner.
Intellectual Property
Atradius, or the relevant
owner, retains all rights (including copyrights, trademarks as well as any
other intellectual property rights) in relation to all information provided on
or via this Web Site (including all texts, graphics and logos). You may not
copy, download, (re)publish, distribute, modify, post, transmit or reproduce
any of the information contained on this Web Site in any form or by any means
including but not limited to electronic, mechanical photocopying or recording without
the prior written consent of Atradius or the relevant owner. You agree that the
material and content contained within or provided by Atradius on this Web Site may
be printed out and/or downloaded for your own personal use only but may not be
used for commercial purposes or distributed commercially.
Password Policy
Your use of certain portions
of the Web Site requires a password. As part of the registration process, you will
receive from Atradius a user ID and a temporary password, which password you
can change to one of your own. You will also provide Atradius with accurate,
complete and up-to-date information. Anyone with knowledge of your password can
gain access to the restricted portions of the Web Site and the information
available to you. Accordingly, you must keep your password secret. By agreeing
to these Terms and Conditions of Use, you agree to be solely responsible for
the confidentiality and use of your respective password, as well as for any
communications entered through a website using your password. You will also
immediately notify Atradius if you become aware of any loss or theft of your
Password or any unauthorized use of your password. Atradius reserves the right
to delete or change a password at any time and for any reason.
Data Protection
Atradius is not obligated to
monitor any transmission made through the respective web pages and newsgroups.
However, Atradius has the right, but not the obligation, to monitor any
transmission made to and from this Web Site.
Atradius
takes reasonable steps to safeguard the security of any information you input
or send to Atradius in connection with this Web Site by using secure services
and encryption technology where Atradius deems appropriate, however, Atradius accepts
no responsibility for any damages that you may suffer as a result of the loss
of confidentiality of such information.
Privacy Policy
Please see Atradius Privacy
Policy for a summary of personal data collection by Atradius and use practices
with respect to the Web Site. By using the Web Site, you consent to collection
and use of personal data by Atradius as outlined therein.
Submitting
information for publication
By submitting any material to Atradius
for publication on the Web Site you do so in the knowledge that Atradius may
copy, modify, distribute or create a derivative work from that content in any
form. You warrant that the material is fit for publication and agree to
indemnify Atradius if any third party takes action against Atradius in relation
to the material that you submit. You warrant that you believe Atradius may
publish the material you submit and/or make use of it or any concepts described
in it in Atradius’ products or services without liability and you agree not to
take action against Atradius in relation to it. Atradius does not audit or
verify the truth or accuracy of any such information. You agree that Atradius shall
have the right to disclose your identity to any third party who is claiming
that any material posted or uploaded by you to the Web Site constitutes a
violation of their intellectual property rights or of their right to privacy.
Anti-Hacking provision
You expressly agree
not to: (i) use or attempt to use any "deep-link,"
"scraper," "robot," "bot," "spider,"
"data-mining," "computer code" or any other automated
device, program, tool, algorithm, process, or methodology or manual process
having similar processes or functionality, to access, acquire, copy, or monitor
any portion of the Web Site, any data or content found on or accessed through
the Web Site or any other content without the prior express written consent of
Atradius; (ii) obtain or attempt to obtain through any means any materials or
information on the Web Site that have not been intentionally made publicly
available either by their public display on the Web Site or through their accessibility
by a visible link on the Web Site; (iii) violate the restrictions in any robot
inclusion headers on this Web Site or in any way bypass or circumvent any other
measure employed to limit or prevent access to the Web Site or its content;
(iv) violate the security of the Web Site or attempt to gain unauthorized
access to the Web Site, data, materials, information, computer systems or
networks connected to any Atradius server, through hacking, password mining or
any other means; (v) interfere or attempt to interfere with the proper working
of the Web Site or any activities conducted on or through the Web Site,
including accessing any data, content or other information prior to the time
that it is intended to be available to the public on the Web Site; (vi) take or
attempt any action that, in the sole discretion of Atradius, imposes or may
impose an unreasonable or disproportionately large load or burden on the Web
Site or Atradius’ infrastructure.
Disclaimer, no
warranties and exclusion of liability
Atradius disclaims any
representations or warranties of any kind, whether expressed or implied,
including but not limited to implied warranties of merchantability and fitness
for a particular purpose of (INCLUDING BUT NOT LIMITED TO) any information contained
on or provided via this Web Site and/or any service described or promoted on
this Web Site, including warranties with respect to infringement of any patent,
copyright, or other rights of third parties.
Atradius shall not be liable
for any injury, loss, damage or expense arising out of any access to or use of
this Web Site or any site linked to or from this Web Site, including, without
limitation, any loss of profit, indirect, incidental or consequential loss. Atradius
furthermore shall not be liable for persons, property damage or especially
direct, indirect, incidental, consequential, immediate or subsequent (pecuniary)
loss.
While Atradius has used its
discretion, best judgment and all reasonable efforts in maintaining a
virus-free Web Site, it declines any liability for persons, property damage or
especially direct, indirect, incidental, consequential, immediate or subsequent
(pecuniary) loss which may result from transmission or downloading of computer
viruses. Atradius cannot be held liable for hardware damage, loss of data,
alteration of data, or downtime.
Indemnity
You agree to indemnify and
hold harmless Atradius, its licensors and suppliers, all of its affiliated
companies and subsidiaries and all of their respective officers, directors,
employees, shareholders, legal representatives, agents, successors and assigns,
from and against any damages, liabilities, costs and expenses (including
reasonable attorneys’ and professionals' fees and court costs) arising out of
any third party claims based on or related to your use of the Web Site or any
breach by you of these Terms and Conditions of Use.
Severability
clause
If any part of these terms and
conditions is found to be illegal or unenforceable, this will not affect the
validity or enforceability of the remainder of these terms and conditions. Any term
or condition which is invalid or unenforceable is in this case to be understood
as such that its intended purpose is still fulfilled as far as possible.
Linked Sites
You may, through
hypertext or other computer links, gain access to web sites operated by persons
other than Atradius. Such hyperlinks are provided for your reference and
convenience only, and are the exclusive responsibility of such web sites'
owners. You agree that Atradius is not responsible for the content or operation
of such web sites, and that Atradius shall have no liability to you or any
other person or entity for the use of third party web sites. Except as
described below, a hyperlink from this Web Site to another web site does not
imply or mean that Atradius endorses the content on that Web site or the
operator or operations of that site. You are solely responsible for determining
the extent to which you may use any content at any other web sites to which you
link from this Web Site. Atradius assumes no responsibility for the use of
third party software on the Web Site and shall have no liability whatsoever to
any person or entity for the accuracy or completeness of any outcome generated
by such software.
Applicable law
and place of jurisdiction
By accessing this Web Site you
agree that the laws of The Netherlands shall apply to all matters arising from
or relating to the use and contents of this Web Site or information provided to
you via this Web Site. You also agree to submit to the exclusive jurisdiction
in first instance of the District Court of Amsterdam, The Netherlands with
respect to such matters.
© Atradius Credit Insurance N.V., 2009 v.01.
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