Terms & Conditions
INTRODUCTION TO TERMS AND CONDITIONS
These terms and conditions apply between all Users of this Website (including but not limited to Members), and EURATRA, the owner(s) of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of EURATRA Products and Services, including but not limited to Membership subscriptions and Events and the placing of advertising with EURATRA. Please read these terms and conditions carefully, as they affect your legal rights.
1. Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the EURATRA Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 EURATRA reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2. Definitions and interpretations
2.1 Throughout this terms and conditions, the following words will have the following meanings set against them:
“Advertising” such individual media advertising campaign or program of advertising that is purchased by the Client from EURATRA;
“Advertisement” including display, classified, inserts, directories, banners, mini-sites, button Advertisements and any other announcement designed to publicly promote activities including Campaigns and Programs;
“Advertising Agency/Agent” - individual or company instructed to act on behalf of the Client as an agent;
“Content” any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Copy Date” Agreed deadline to supply advertising materials by;
“Client” any individual or company purchasing Advertising from EURATRA;
“Directories” shall mean the Members Directory and Suppliers Directory collectively;
“Member(s)” Users who have an active subscription to a Membership Product;
“Members Directory” the directory of Members profiles
“Membership Product(s)” Services and Content offered to Members in a subscription upon registering as a Member;
“Membership” a Members subscription to a Membership Product;
“Products” physical copies of content in print form or otherwise including print copies of Reports and copies of the Magazine;
“Report(s)” individual articles and reports available for download or viewing via the Website which may be subject to the payment of a one off fee, or available only as part of a Membership subscription;
“Series Booking” two or more adverts booked in advance, in one order;
“Services” collectively or individually as appropriate, any product or service provided by EURATRA including but not limited to any services listed on the Website, Reports, Advertising, Products, Membership Products;
“Start Date” agreed date from which the first advertisement will be placed;
“Subscriber” the individual or company that orders a subscription product;
“Suppliers Directory” the directory of Supplier profiles;
“User”, “Users”, “you” Any and all persons who access the Site and services provided by EURATRA, including but not limited to Members;
“Website” the website owned by EURATRA with the url: http://www.euratra.com/ and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
2.2 In these terms and conditions, unless the context requires a different interpretation:
2.2.1. the singular includes the plural and vice versa;
2.2.2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
2.2.3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
2.2.4. 'including' is understood to mean 'including without limitation';
2.2.5. reference to any statutory provision includes any modification or amendment of it;
2.2.6. the headings and sub-headings do not form part of these Terms and Conditions.
3. Intellectual property and acceptable use of Content
3.1 Content is available via EURATRAand this Website on a free of charge basis as part of a Membership subscription
3.2 All Content included on the Website, unless uploaded by Users, Members or Partners or as stated otherwise, is the property of EURATRA our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission;
3.3 EURATRA hereby grants to the User a non-exclusive worldwide license for the duration of the Membership or in the case of a User who is not a Member, until EURATRA may choose to revoke such license, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User's own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
3.4 Notwithstanding any other rights or remedies available to it, EURATRA shall have the right to terminate any license granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this license.
Without prejudice to any rights granted herein, EURATRA reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
3.6 Users (whether in their capacity as Members or Users) are able to upload content or postings content at various places on the Website including via blogs, on the forums and comments sections, as well as the content they include on Member Profiles and in doing so Users grant to EURATRA a free of charge, worldwide perpetual license in all media in such User Content. For the avoidance of doubt, Members acknowledge and confirm that all information they supply in their Member profile will be viewable by all Users of the Website;
4. Prohibited use of the Site by Users
4.1 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
4.2 With regard the uploading, or posting of Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
4.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
4.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
5. Availability of the Website and Disclaimers
5.1 The Website and Services are provided "as is" and on an "as available" basis. EURATRA gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, EURATRA provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. EURATRA is under no obligation to update information on the Website.
5.2 Whilst EURATRA uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, EURATRA give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
5.3 EURATRA accepts no liability for any disruption or non-availability of the Website.
5.4 EURATRA reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6. Limitation of Liability
6.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
6.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
6.3 To the maximum extent permitted by law, EURATRA accepts no liability for any of the following:
6.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
6.3.2 loss or corruption of any data, database or software;
6.3.3 any special, indirect or consequential loss or damage.
7. Website Content and Services
7.1 Except as otherwise expressly agreed to by EURATRA in writing, information regarding EURATRA products and Services is subject to change without notice.
7.2 Information about EURATRA Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by EURATRA with respect to any product or service unless otherwise expressly agreed to by EURATRA in writing.
7.3 Without limiting the generality of the foregoing, EURATRA hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
8. Third Party Content
8.1 This Website makes available certain Content that has not been created by EURATRA either via hyperlinks which may take Users to websites not controlled or maintained by EURATRA, or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums ("Third Party Content").
8.2 Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
8.3 Third Party Content is not the responsibility of EURATRA, and Users acknowledge and confirm that EURATRA has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore EURATRA cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of EURATRA.
8.4 EURATRA cannot and does not confirm each User's identity, whether or not they are a Member. EURATRA allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
8.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release EURATRA (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Users may become EURATRA Members in order that they may gain access to additional content (including Third Party Content) and EURATRA Services in accordance with the various Membership tiers as defined on the Website, in consideration for agreement from Users to participate as a Member.
9.3 Free Membership commences upon registration, and shall continue until Member gives notice pursuant to clause 9.5 below.
9.4 Any subscriptions to Membership Products are deemed to commence from the date of receipt of User's completed order, registration form or online registration.
9.5 Members may cancel their membership at any point throughout their subscription. To cancel any Membership Product, Members must inform EURATRA in writing by emailing firstname.lastname@example.org or by writing to EURATRA, Juliasgata 117-1801, 42251 HisingsBacka, Sweden.
10. Media Purchasing
All media and advertising placed with EURATRA shall be subject to the following:
10.1 All Advertisements are accepted subject to EURATRA's approval of the copy and to the space being available.
10.2 EURATRA reserves the right to omit or suspend any Advertising (or part thereof) at any time for if EURATRA holds the belief that publication may be unlawful, defamatory, put EURATRA into disrepute, in breach of any Advertising Standards Agency (or like body) regulation or code, put it in breach of contract or infringes the copyright off a third party in which case no claim on the part of any Client for damage or breach of contract shall arise.
10.3 If EURATRA considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Client will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond EURATRA's control. Every care is taken to avoid mistakes but EURATRA cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions. In any event the Client acknowledges and confirms that its sole remedy for such inaccuracies in Advertisements will be for EURATRA to use its reasonable endeavors to remedy such inaccuracies upon notice from the Client, where practicable. For the avoidance of doubt the Client accepts that Advertisements which have gone to print cannot be altered.
10.4 The Client warrants that the Advertisement does not contravene any Act of Parliament nor is it in any other way illegal or defamatory or an infringement of any other party's rights. Country of origin of goods advertised must be shown in advertisements if so required by statute or statutory or other regulations.
10.5 The Client will indemnify EURATRA fully in respect of any claim made against EURATRA arising from EURATRA's publication of any Advertisement or part thereof arising from a breach of any term, condition, undertaking or warranty given hereunder or otherwise to EURATRA. EURATRA may consult with the Advertiser as to the way in which such claims are to be handled, and may require the Client to enter as a party to any claim.
10.6 Advertisement rates are subject to revision at any time and orders are accepted on condition that, in the case of Advertising placed within an issue of the Magazine, that the price binds EURATRA only in respect of the next issue to go to press. In the event of a rate increase, the Client will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
10.7 If a Client cancels the balance of a contract for the placement of Advertising, the Client relinquishes any right to any series discount to which they may previously have been entitled and Advertising will be paid for at the then current rate card.
10.8 Accounts are due for settlement within 30 days of the commencement of publication of the Advertising. In the event of any account becoming overdue, EURATRA reserves the right both to suspend Advertising until such time as the sum owing is paid and to reduce any commission otherwise allowed to Advertising Agencies.
10.9 Advertisement copy should be supplied by the Client in accordance with the mechanical data stated on the rate card. Charges will be made to the Client or his Agent where the printers are involved in extra production work owing to acts or defaults of the Client or his Agent. These charges will be at the rate agreed prior to commencement of Advertising.
10.10 If copy instructions are not received by agreed Copy Date no guarantee can be given that proofs will be supplied nor corrections made and EURATRA reserves the right to repeat the most appropriate copy, or insert a house advertisement for which the Client will be invoiced.
10.11 Total amount payable, by the Client, within the 30-day period, Series bulk discount purchases must be paid in one payment, 30 days after invoice, unless otherwise stated.
10.12 In the case of the Client failure to make complete payment within 30 Days of the invoice date occurred, cumulative monthly interest, at a rate of 10% per month from the invoice date, will be added to the amount. If at any time legal fees and costs are incurred as a result in obtaining payment from the Client, those costs will be charged back to the Client.
10.13 Client's materials which may be delivered to EURATRA including but not limited to property and artwork are held by EURATRA at Client's risk and should be insured by them against loss or damage from whatever cause. EURATRA reserves the right to destroy all artwork, which has been in his custody for twelve months from the date of its last appearance.
Subscription to EURATRA and all services are free of charge but prices for any of EURATRA services or products are subject to change with prior notice. EURATRA aims to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
12.1 Dependence on EURATRA Services: The contents of any of EURATRA Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall EURATRA be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify EURATRA against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
12.3 Force Majeure: If by reason of labor dispute, strikes, inability to obtain labor or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such EURATRA is unable to perform in whole or in part its obligations set forth in these terms, then EURATRA shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make EURATRAliable to any other party.
12.4 Users may not transfer any of their rights under these terms and conditions to any other person. EURATRA may transfer their rights under these terms and conditions where EURATRA reasonably believes Users rights will not be affected.
12.5 These terms and conditions may be varied by EURATRA from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
12.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
12.8 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
12.9 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.