Terms of Use
The website www.ERGOMAN.net (referred hereinafter as “Website”) has been designed and developed by ERGOMAN S.A. (referred hereinafter as “ERGOMAN”). The Website provides information and/or services and/or products to the visitors/users of the Website.
This Website will only be used by users/visitors having full active legal capacity. The visitor/user of this Website must read carefully these Terms of Use before using this Website. If s/he does not agree, s/he should refrain from using or visiting this Website. Otherwise, it is presumed that s/he fully accepts and consents to the terms hereinafter set forth, which apply to the whole content of this Website. The user/visitor may not modify or distort these Terms of Use and any specific terms of service. If the use of any service provided under this Website is governed by specific terms of use, such terms shall apply in conjunction with these Terms of Use. In case of conflict, the specific terms of use of each service shall always prevail.
At any time, ERGOMAN may temporarily discontinue the operation of this Website and amend its terms and conditions of use. Visitors/users are obliged to check for any amendments made to these Terms of Use. Continuing the usage of the Website after any such amendments shall mean that the visitors/users accept those modified terms and conditions. Otherwise they should refrain from using/visiting this Website.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The entire Website content (including but not limited to: texts, graphics, information, data, drawings, illustrations, trademarks, distinctive signs, names, logos, product and services names, company names etc.) is the intellectual property of ERGOMAN or its suppliers-partners, is governed by all applicable national, EU and international intellectual property law provisions and is available to its users solely for non commercial, non-profitable personal use.
The user/visitor may not copy, duplicate, transfer, save, alter, reproduce, transmit, distribute, lease, publish, execute, download, translate, modify in any way, disclose, disseminate or make use of the Website content in any other way or means, for commercial or other purposes, in part or collectively, without ERGOMAN’s prior written consent. ERGOMAN reserves any legal and/or contractual right it may have against third parties, other than those explicitly referred to in this section.
Any and all other trademarks, distinctive signs, product names, company names, graphics and logos on this Website are registered trademarks and intellectual property rights of third parties; they belong to their lawful owners, are their own responsibility and their displaying on the Website does not and should not be considered as transferring or licensing or granting the right to use thereof.
HYPERLINKS TO THIRD PARTY WEBSITES
In no event is ERGOMAN liable vis-à-vis the visitor/user for the content/services provided by third party websites, the hyperlinks or advertisements thereof that are posted on the Website, nor does it guarantee the availability thereof, or is liable for any damage that may be incurred as a result of their usage, since the visitor/user accesses such third party websites at his/her own risk. Issues that may be incurred upon accessing /visiting third party websites to which this Website transfers to are subject to the exclusive responsibility of the respective websites and the visitor/user should address any issues to them.
PERSONAL DATA
ERGOMAN respects its website users’ personal data. Please consult the Personal Data Protection Policy, available at personal data privacy protection which states and explains the company’s website user rights and obligations regarding its content.
RESPONSIBILITIES / VISITOR/USER OBLIGATIONS
If the visitor/user wants to subscribe to the service(s) of this Website, s/he agrees to:
• provide true, accurate, valid and complete information regarding the details requested on the applications for the creation of an account which will enable access to the contents/services of this Website.
• maintain his/her registration details true, accurate, up-to-date and complete.
The visitor/user of the Website is responsible for choosing and not disclosing his/her secret codes, username and password s/he uses to access Website pages. The user will be solely responsible for any theft, loss or disclosure in any other way of the username and password s/he uses to access his/her account. The visitor/user agrees to promptly notify ERGOMAN regarding any unauthorised use of the account thereof and any actual and/or potential security breach. The visitor/user is solely responsible for accessing his/her account and for logging out after every session.
ERGOMAN makes every possible endeavour to ensure that the Website operates smoothly, but in no event does it guarantee that the operation of this Website will be uninterrupted and/or trouble-free. Therefore, ERGOMAN does not bear any responsibility for any damage that may be incurred to the visitors/users of this Website, which is related to the operation of the Website. The visitor/user accepts that ERGOMAN may modify and/or discontinue, temporarily or permanently, all or part of the Website given that the availability and operation of the Website can be affected by communication networks, the great number of visitors/users trying to access the website concurrently or other reasons beyond ERGOMAN’s reasonable control or reasons that are caused by chance or force majeure events. Therefore, ERGOMAN assumes no liability for any damage (whether incidental, consequential, contractual or other, including negligence) arising from the use of this Website or the inability of the users to gain access to, the termination of all or part thereof, the delay in the interruption of its services or the loss of content thereof. ERGOMAN stresses to the visitor/user that s/he should make daily backups of data they enter in the Website and in the services provided or served through the Website.
The visitor/user will abstain from any unlawful, contrary to business ethics, illegal and abusive use of the contents and services of the Website and will not act or fail to act in a way that could cause damage or malfunction to the Website or third parties, or affect or put at risk the provision of services by ERGOMAN.
By way of example, and not as a limitation, visitors/users agree that when using the Website, they will not:
• Cause damage to any third person, whether adult or minor.
• Transmit or gain access to content that infringes upon any third party right or violates the law or the business ethics.
• Gain access, disseminate, edit, modify and, in general, infringe in any way upon the personal data of other users/visitors or third parties.
• Jeopardise the safety of the Website.
The user/visitor will be solely responsible for using this Website and for any damage suffered by the user/visitor or any third party arising out of or relating to the aforementioned use. The user/visitor will also indemnify, defend and hold ERGOMAN harmless from any claims which may arise by any third party as a result of using this Website.
In the event of any unlawful or prohibited use as such is determined by these Terms of Use and the applicable law, the visitor/user will indemnify ERGOMAN for any incidental and/or consequential damages suffered as a result of the aforementioned actions.
The visitor/user will bear sole responsibility for all communications with third service providers who advertise on the Website and for any commercial transactions that may result therefrom.
COOKIES
This Website may use cookies for the purpose of identifying the visitor/user. Please seek information on the Cookie Policy page which states and explains how the cookies are used in this website.
PASSWORDS
To access certain services or log in to certain web pages, ERGOMAN may request the users’ personal details to allocate a Password to them. Such personal details must be true, accurate, complete and valid. ERGOMAN must be notified in writing in the event of any change in these details. Users are liable for all actions they perform using the Password and they are required to promptly notify ERGOMAN of any unauthorised use of this Website and of any actual or potential security breach. ERGOMAN will not disclose these personal data to third parties. ERGOMAN will not be held liable for any failure or damage caused by the arbitrary or illegal use of the Password by third parties, through sharing with others, or for any other reason and retains the right to claim damages from the user if ERGOMAN suffers any damage as a result of the arbitrary or illegal use of the Password. If there is a breach of these Terms of Use, ERGOMAN will be entitled to refuse to allocate a Password or cancel the allocated password or terminate the provision of these services to the user and decline any current or future use of www.ergoman.net.
APPLICABLE LAW – JURISDICTION – FINAL PROVISIONS
These terms and conditions are governed by the Greek Law provisions, as currently in force, and are construed in accordance with the doctrine of good faith and business ethics and provided that the right being exercised serves its normal economic and social purpose. If a term is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms of Use will remain in full force and effect. No failure by ERGOMAN to exercise any of its rights under these Terms of Use will constitute or be deemed a waiver of those rights.
Any dispute arising out of or in relation to the implementation of these Terms of Use will be submitted to the exclusive jurisdiction of the competent Greek courts.