Standard Terms of Use of the Emporiki Trade information and export solutions

Definitions | Condition of use | Conditions of sale | Claims | Courts with jurisdiction

Definitions

Emporiki Trade information and export solutions: a set of contents and services offered respectively by EMPORIKI BANK OF GREECE S.A., having its registered offices at 11 Sofokleous Street, Athens, 102 35 (Greece), hereinafter referred to as EMPORIKI BANK, and EXPORT ENTREPRISES SA, having its registered office at 99, bd Haussmann 75008 Paris FRANCE, for the purpose of exploring export markets for Greek SMEs, hereinafter referred to as EPORT ENTREPRISES.
The Site: information and export solutions proposed by EMPORIKI BANK and EXPORT ENTREPRISES under the name EMPORIKI TRADE are described below. The general usage conditions can be looked up on the Site.
Export Entreprise: the partner company of EMPORIKI BANK, specialised in international trade, manager of the Site, and offers and provides all of the services contained on the Site.
Client: Any Greek SME, association or any professional who has created a User Profile and who may use the Site’s free or fee-paying services. Each Client is represented by one or more Users, a natural person authorised by the Client to act for his account.
User: Any natural person accessing the Site and the services offered.
Estimate: refers to the document sent to the Client by e-mail in which the latter is informed as to the price and wait time for a service it has requested; an Estimate contains a hypertext link to the general sales conditions on the Site.
Client Secret Code: The Code which each User receives and which is delivered when a profile is validated. Such code allows an account to be assessed solely by the User who knows it.

A. Condition of use

A.1. Purpose of the Site

EMPORIKI TRADE aims to help professionals, i.e. companies, the self-employed, merchants, craftsmen, associations or any entity seeking information or services involving selling at a distance and international trade.
The Site provides assistance and rapid access to information on foreign markets through six sub-sections:
Country profiles : a database on 80 countries.
Market information : a sector-based market study search engine for professional.
Business alert : an automation service of the search engine to follow sectorial trends.
Database Assistance : a series of online services
Question & Answer assistance : a series of customized services.
International Trade Services : a series of international services for prospection.
The Site is the product of a partnership between EMPORIKI BANK and EXPORT ENTREPRISES. The services sold on the Site are offered by EMPORIKI BANK and EXPORT ENTREPRISES under their conditions set out in the respective general sales conditions.

A.2. Scope of application of the standard terms

This document constitutes the standard terms of use of the “EMPORIKI TRADE INFORMATION AND EXPORT SOLUTIONS” Site. Its purpose is to define the terms and conditions of User’s use of the Site.
EXPORT ENTREPRISES and EMPORIKI BANK reserve the right to alter the Standard Terms without notice.

A.3. Conditions for accessing the Site’s sections

EMPORIKI TRADE INFORMATION AND EXPORT SOLUTIONS may be accessed by consultation, 24 hours a day, with the exception of hours of interruption for updating or maintenance or if there are problems resulting from telecommunications operators. Access to the Site and the Site’s management is provided by EXPORT ENTREPRISES.

A.3.1 Access to the COUNTRY PROFILES section
Access to the COUNTRY PROFILES section is free and does not require any prior registration.

A.3.2 Access to the MARKET INFORMATION, DATABASES ASSISTANCE, BUSINESS ALERT AND QUESTION & ANSWER SERVICES sections
Access to these sections requires an access authorisation, an identifying account and the holding of a User name (hereinafter Identifier) and a password.
These identification elements can be obtain either by filling out a form identifying the legal entity on whose behalf it acts so as to handle and execute its orders or by asking directly to EMPORIKI BANK an access.
The provision of information requested on the form implies acknowledgement by the User that he is contractually authorised to take on the legal person for whom he acts within the scope of the orders he may place.
The User is required to indicate its complete identity and the position held in the legal entity on behalf of whom it acts.
If this information is inaccurate, incomplete or obsolete, EXPORT ENTREPRISES shall be entitled to refuse access to the reserved section or to suspend access to these sections.
After the approval of the form and acceptance of these Standard Terms, EXPORT ENTREPRISES will send the User - by email, within two business days following approval of the registration - the User’s Identifier and password, enabling access to the various sections.
The Identifier and password are personal and confidential. The User undertakes not to disclose them to a third party in any form whatsoever and for any reason whatsoever and to inform EXPORT ENTREPRISES of any use by an unauthorised third party and of any infringement of security that could result. Concerning the business alert the company will have to be a valide customer of the bank and will have to subscribe a yearly fee.

A.4. The services offered on the Site:

The services offered on the Site by EMPORIKI BANK are reserved for Greek SMEs and professionals.
They are carried out by EMPORIKI BANK or EXPORT ENTREPRISES, under their sole responsibility and in the respective conditions of sales and usage of the Site, as set out by its standard terms and conditions.

A.5. Liability of Export Entreprises and Emporiki Bank as a result of use of the Site

Neither EXPORT ENTREPRISES nor EMPORIKI BANK may be held liable in any way whatsoever for any direct or indirect harm, such as a loss of Clients, commercial losses, operating losses, loss of profit, deterioration of corporate image, or for any harm which could have been prevented from happening if the Client had acted with reasonable haste to this end, which may result from the use of the Site.
Neither EXPORT ENTREPRISES nor EMPORIKI BANK will be held liable for the information displayed on the Site as a result of an act of malice by a third party on the IT system and waive any liability concerning inconveniences, technical incidents, viruses and other problems that could result from the use of the electronics and telecommunications.
Neither EXPORT ENTREPRISES, nor EMPORIKI BANK will be held liable in case of force majeure. The following are considered as examples of cases of force majeure, in addition to those normally accepted by case law: any delay, non-fulfilment or improper fulfilment of one of its obligations following a partial or complete strike, internal or external to one or other of the parties having an impact on the activity of said party, war, riot, insurrection, storms, floods, blocking of transport or communications, and, more generally, any event outside the sole control of the party that is the victim of this unforeseeable event or force majeure.
Connection to the Site entails knowledge and acceptance of the characteristics and limits of the Internet, notably as regards technical performance, the risks inherent to any connection and transmission on the Internet, the absence of protection of certain data against possible diversion or theft and the risks of contamination by possible viruses circulating on the network. Accordingly, EMPORIKI BANK and EXPORT ENTREPRISES cannot under any circumstances be held liable for the following, among others:

• the transmission and/or receipt of any data and/or information on the Internet, of telephone liaison problems,

• for any malfunction of the Internet network preventing the smooth execution/functioning of the Site,

• the defect of any receiving equipment or communications lines,

• problems sending and/or the loss of any electronic mail and, more generally, the loss of any data,

• the functioning of any software program,

• the consequences of any virus, computer bug, anomaly, or technical defect

• human or electrical errors,

• any technical, hardware or software defect of any kind whatsoever having prevented or limited the possibility of consultation of the Site and having damaged the system of a User.
In addition, EXPORT ENTREPRISES and EMPORIKI BANK shall not be held liable for the information, commercial offers or other contents of the sites to which they have established links.
Finally, neither EXPORT ENTREPRISES nor EMPORIKI BANK shall be held liable for the information displayed on the Site as a result of an act of malice of a third party on the IT system; and waive all liability concerning inconveniences, technical incidents, viruses and other problems that result from the use of electronics and telecommunications.
Neither EXPORT ENTREPRISES nor EMPORIKI BANK can be held responsible for any direct or indirect damage, any loss of any type whatsoever suffered by the User or the Client as a result: (I) of the responses provided to Clients, (II) the Site’s temporary unavailability, (III) its possible suspensions or interruptions for any cause whatsoever, including in case of defect or suspensions for maintenance, (IV) the awareness or use of the Password or Client secret code by unauthorised persons,(V) the exceeding of the time frames announced by EXPORT ENTREPRISES or by its partners and correspondents to provide a reply, (VI) in case of a force majeure.
Neither EMPORIKI BANK nor EXPORT ENTREPRISES may be held liable for any direct or indirect damage resulting from interruption, a malfunction of any kind whatsoever, or from any direct or indirect damage caused to the IT equipment of a User and to the data stored there, that result in any way whatsoever from a connection to the Site or from the consequences that may result from its personal, professional or commercial activity.
It is the responsibility of each User to take all appropriate measures in order to protect its own data and/or software programs stored on its IT equipment against all attacks. The connection of any person to the Site takes place under his/her entire responsibility.

A.6. Right of ownership on the information

The use of the Site does not constitute a right of ownership on the data made available. Users and Clients consult the Site for their own account. All of the information, data, texts, tables, photographs and graphics contained on the Site constitute a database for which, based on current legislation, EXPORT ENTREPRISES and EMPORIKI BANK hold the rights of ownership.
Accordingly, the Client and Users undertake to only use the data, information and replies that they have obtained by the Site for their internal needs, not to communicate the same to third parties, whether free of charge or for a fee, and not to commercialise them, directly or indirectly. Failure to comply with this condition will give rise to the termination of the User account and identification, without prejudice to any action for damages that EXPORT ENTREPRISES or EMPORIKI BANK could initiate against the violator.

A.7. Assistance

All information concerning EMPORIKI TRADE INFORMATION AND EXPORT SOLUTIONS and the use of the services offered on the Site, etc., can be obtained by sending an e-mail to: question@emporiki.gr

A.8. Site maintenance

EXPORT ENTREPRISES reserves the right to suspend one, some or all of the services and contents the Site offers, for reasons related to maintenance or any other aspect, without this giving any right or claim for compensation, any such claim being without legal founding.

A.9. Right of access to the computerised file

The information communicated by the Client will be processed by automated means by EMPORIKI BANK.
They are collected by EXPORT ENTREPRISES in order to enable it to process and fill the Client’s orders. Information that is critical is indicated by an asterisk on the Site’s pages. This information is transmitted to EMPORIKI BANK, which may use the same for the purposes of commercial prospecting.
The Client is entitled to access and rectify information concerning him.
Should he wish to exercise this right, he will send a letter to EMPORIKI BANK 11 Sophocleous Street 10235 Athens Greece.
If his grounds are legitimate, he may also oppose the processing of information concerning him.

A.10. Installation of a Cookie

In the case of a subscription, a cookie might be planted in the User's computer. The cookie records information relating to the computer's browsing on the Site (the pages you have looked up, the date and time of your visit, etc.) which EXPORT ENTREPRISES will be able to read when you pay subsequent visits. In the case in point, it contains the information provided within the context of the subscription. The length of time during which this information is stored in the User's computer is 365 days.
The User may oppose the registration of cookies by configuring his browser as follows:

For Microsoft Internet Explorer 7.0:1. choose the “Tools” menu (or We wish (netparadise.fr) to install a cookie in your computer. A cookie does not enable us to identify you. In general, it records information concerning the browsing of your computer on our Site (the pages that you have consulted, the date and time of the consultation, etc.) which we may read during your subsequent visits. In this case, it contains the information that you have just provided us. Accordingly, during your next visit you will not need to once again fill out the form that we provided you. This information is kept in your computer for 365 days. We inform you that you may oppose the registration of cookies by configuring your browser as follows:

For Microsoft Internet Explorer 6.0: 1. choose the menu "Tools" , then "Internet Options”
2. click on “Confidentiality".
3. select the desired level using the cursor.

For Microsoft Internet Explorer 5: 1. choose the menu "Tools" , then "Internet Options".
2. click on "Security".
3. select "Internet" then "Personalise the level" (or "Custom Level").
4. find "cookies" and choose the right option for you.

For Netscape 6.X et 7. X: 1. choose the menu "Edit">"Preferences"
2. Confidentiality and Security
3. Cookies.

For Netscape Communicator 4.X: 1. choose the menu "Modify">"Preferences"
2. click on the option "Advanced"
3. "Cookies".

For Opéra 6.0 or higher: 1. choose the menu "File">"Preferences"
2. Privacy.
"Tools"), then "Internet Options" (or "Internet Options"). 2. click on "Confidentiality" (or "Confidentiality")
3. select the desired level using the cursor.

For Microsoft Internet Explorer 5: 1. choose the menu "Tools" , then "Internet Options".
2. click on "Security".
3. select "Internet" then "Personalise the level" (or "Custom Level")
4. find "cookies" and choose the right option for you.

For Netscape 6.X et 7. X: 1. choose the menu "Edit">"Preferences"
2. Confidentiality and Security
3. Cookies

For Netscape Communicator 4.X: 1. choose the menu "Modify">"Preferences"
2. click on "Advanced"
3. "Cookies".

For Opéra 6.0 and above: 1. choose the menu "File">"Preferences"
2. Privacy.

B. Conditions of sale

B.1. Scope of application of the standard terms

These Standard Terms of Sale (hereinafter referred to as the “Standard Terms”) apply to all of the services offered on the Site EMPORIKI INTERNATIONAL by EXPORT ENTREPRISES, defined below, whether free of charge or fee-paying.
Free services are subject to a special attention : in order to avoid all abuse, EXPORT ENTREPRISES keeps the right to limit its answers or to offer estimates to its Users who would use free services without any link to its needs.
The Site proposes many services operated by EXPORT ENTREPRISES under the Standard Terms.
The consultation and order of services entails full and complete acceptance of these Standard Terms.
EXPORT ENTREPRISES reserves the right to alter the Standard Terms without notice.

B.2. The services offered on the site by EXPORT ENTREPRISES

The services offered on the Site by EXPORT ENTREPRISES are reserved for Greek SME’s.

B.2.1 The online services : DATABASES ASSISTANCE AND QUESTION&ANSWER ASSISTANCE
The online services enable the User to carry out an initial search on the economic environment and the conditions for marketing in different countries. They are free or fee-paying.
The access to those online services are limited to 9 services per year and per Client.

B.2.2 The services of commercial prospection : International Trade Services
This section reserved for profiled Users proposes 3 different fee-paying services:

• Emporiki Export Target
• Emporiki Qualified Databases
• Emporiki Business Trips. These services are operated under their own Terms of use.

B.3. Terms and Conditions

B.3.1 Free services
Certain free services may be accessed directly online. For the other free services, which cannot be accessed directly online, the User must select the service in question, provide the information requested to enable his/her request to be defined and click on “order”. By clicking on the “order” button during the order process, the User declares that he fully and unreservedly accepts these Standard Terms.
The contract with EXPORT ENTREPRISES is thus validly concluded.

B.3.2 The fee-paying services
Each fee-paying service displays a fixed price on the Site, or a proposed estimate which the User receives by e-mail.
The prices of the services include all taxes, excluding any carriage costs.

• Fixed price services
To order fee- paying services where the price is fixed, the User must select the service in question on the Site and then click on “order”.
By clicking on the “order” button during the order process, the User declares that he fully and unreservedly accepts these Standard Terms. The contract is then duly concluded with EXPORT ENTREPRISES.

• The estimate
For personalised services, offered by EXPORT ENTREPRISES after the User has sent his request by e-mail, EXPORT ENTREPRISES sends the User, within two business days of his/her request, by e-mail, an estimate indicating the price, the conditions and the estimated time frame for the rendering of the services.
To confirm the order, the User may use either the link to the order page contained in the e-mail sent to him, or the “my account” section directly on the Site EMPORIKI INTERNATIONAL.
By clicking on the “order” button during the order process, the User declares that he fully and unreservedly accepts these Standard Terms. The contract is then duly concluded with EXPORT ENTREPRISES.

B.4. Payment, validation of the payment and invoicing

After validation of its order, the User must then choose a means of payment: cheque, transfer or credit card.
The order is only considered effective after receipt and effective collection of the payment.
The corresponding invoice will be sent to the Client by mail.

B.4.1. Delivery of the service ordered
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.

B.4.2. 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.

B.4.3. 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.

B.4.4. 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 the mail.

B.5. EXPORT ENTREPRISES liability

The whole of the services offered by the Site, mentioned in these general terms and conditions, are developed and performed by EXPORT ENTREPRISES under its sole responsibility.
EXPORT ENTREPRISES responsibility in the production of services, publishing of memos on market trends, publishing of information on the international MARKET INFORMATION and in the links (re-routing) offered is as follows:
EXPORT ENTREPRISES undertakes to use all means at its disposal to provide complete, reliable and up-to-date information.
However, given the difficulties of accessing information, the diversity of information sources, the delay, absence or bad conditions for publication, advertising, updating or translating of the information in question, the instability of laws, regulations and, more generally, of all applicable standards, the responses and information provided by EXPORT ENTREPRISES to Clients and users are provided for information purposes only and cannot in any way give rise to EXPORT ENTREPRISES´s liability or that of its partners or correspondents, in case of incomplete or outdated information or reply.
In the event that the Client holds EXPORT ENTREPRISES liable for any proven fault of EXPORT ENTREPRISES in supplying the information, the Client cannot claim compensation other than the reimbursement of the service.
The Clients and Users are solely responsible for the questions they ask and for the use they make of the information and replies obtained.
EXPORT ENTREPRISES, EMPORIKI BANK and their partners undertake to maintain the confidentiality of Clients’ requests.
Finally, EXPORT ENTREPRISES cannot be held liable in case of force majeure. The following are considered as examples of cases of force majeure, in addition to those normally accepted by case law: any delay, non-fulfilment or improper fulfilment of one of its obligations following a partial or complete strike, internal or external to one of the parties having an impact on the activity of said party; war, riot, insurrection, storms, floods, blocking of transport or communications, and, more generally, any event outside the sole control of the party that is the victim of this unforeseeable event or force majeure.
If a case of force majeure or an unforeseeable event prevents the rendering of the Service and, in particular, prevents access to the Site and the supply of the services contained therein during more than 30 consecutive days, each of the parties shall be free to terminate this contract without notice and by registered mail with return receipt.

B.6. Right of ownership on the information

Use of the Site does not constitute a right of ownership on the data made available.
The Users and Clients consult the Site for their own account.
All information, data, texts, tables, photographs and graphs provided by EXPORT ENTREPRISES as part of the services offered by EMPORIKI TRADE on the Site constitute a database for which, based on current legislation, EXPORT ENTREPRISES holds the property rights.
Accordingly, the Client and Users undertake to only use the data, information and replies that they have obtained by the Site for their internal needs, not to communicate the same to third parties, whether or not for consideration, and not to commercialise them, directly or indirectly. Failure to comply with this condition will give rise to the termination of the User account and identification, without prejudice to any action for damages that EXPORT ENTREPRISES could initiate against the violator.

C. Claims

Any claim concerning the use of the Site must be submitted in writing and by registered mail with return receipt within one month to the following address: EXPORT ENTREPRISES, 99 bd Haussmann 75008 Paris FRANCE.

D. Courts with jurisdiction

This document is governed by Greek law. In the event of a dispute concerning the interpretation, implementation and application of any one of this document’s provisions and in the absence of an amicable agreement between the Client and EMPORIKI BANK, the courts of Athens shall have sole jurisdiction to hear the dispute.

 

Done in Paris (FRANCE), December 2006