These Terms and Conditions of Use (the “Terms of Use”) apply strictly and solely to the use of the CEN and CENELEC Shared Digital Infrastructure (the “Portal”).
The portal is provided by CEN and CENELEC, with registered offices at Rue de la Science 23, 1040 Brussels, Belgium.
The Portal is hosted and administered by the CEN and CENELEC Management Center (hereinafter referred to as “CCMC”), on behalf of CEN and CENELEC.
CEN and CENELEC reserve the right to update these Terms of Use at any time without further notice.
Purpose and use of the Portal
The Portal is designed to provide the CEN and CENELEC Members (the “User”) with the possibility to offer digital standardisation-related services and/or to collaborate on the development of digital standardisation-related services. “User” means the legal entity or individual person creating an account to access and/or use the Portal. The Portal is aimed at increasing the digitalization and overall efficiency of standardisation-related operations and workflows across the CEN and CENELEC Memberships (the “Services”).
User can access to and rely on the Portal to obtain information about the CEN and/or CENELEC Members’ digital services. The Portal serves as a mere information-sharing tool to facilitate communication, collaboration, and resource-sharing outside the Portal, strictly and exclusively in relation to the Services. User understands and agrees that CEN and CENELEC will not get involved, directly or indirectly, in the monitoring or execution of the Services described in the Portal. Notwithstanding this, CEN and CENELEC may be involved as strictly and solely necessary to enhance user experience with the Portal.
User agrees that the Portal shall be accessed and/or used by User for sharing non-commercially sensitive information only, in relation to the Services. Using the Portal for other purposes is prohibited, including, but not limited to, the sharing of business or financing models, trading conditions, market data or strategic information. The Portal shall not be used for discussing matters relating to the sales and distribution of European standards or other technical publications of CEN or CENELEC.
User agrees that the Portal serves exclusively as an information-sharing tool, designed for the benefits of the CEN and CENELEC Members exclusively to streamline their workflows and operations. The Portal is not intended to offer functionalities allowing for direct engagement or arrangement, whether contractual or not, between any CEN and/or CENELEC Members. Any and all types of communications or activities, based on or resulting from any information and materials made available on the Portal, shall take place outside the Portal only.
Website registration
User agrees to provide valid, complete, and accurate details upon creating an account. Having regard to the purposes for which any such account details may be processed in accordance with clause 1 above and its sub-clauses, User undertakes to take every reasonable effort to erase or rectify any such details in a timely manner if they are subject to any change.
By creating an account, User grants CEN and CENELEC permission to contact User using its account details.
CEN and CENELEC reserve the right to block User’s account or to limit access to all or some of the functionalities of the Portal, if CEN and/or CENELEC find, based on reasonable grounds, that such account is being misused.
System access, security and confidentiality
The Portal provides each User a secure environment that limits access to view only User-specific information. Both process controls and software security tools have been implemented to ensure that the confidentiality of User information is protected.
Users are solely and entirely responsible and required to manage their user account credentials, and to protect access to the Portal, including any data and/or documents that may be made available on the Portal.
If a User discovers a possible lapse in security, it shall contact CEN and CENELEC or CCMC without delay at: itsupport@cencenelec.eu.
System availability: modification or suspension of the Portal
As a mere auxiliary tool, the Portal is not considered material or necessary to the standard-setting processes at CEN and/or CENELEC. It is not connected with and does not influence, directly or indirectly, the development and/or distribution of CEN and CENELEC publications.
User hereby accepts that the Portal may not be available from time to time for maintenance or failure of third party telecommunications and computer systems. In addition, CEN and/or CENELEC reserves the right to modify the settings and functionalities of the Poral, as well as to change, suspend or terminate User’s access privileges or the Portal as such, at any time and at the sole discretion CEN and/or CENELEC.
Accuracy of information
The information provided to Users through the Portal is derived from various sources, including, but not limited to, internal systems of CEN and/or CENELEC. While any data provided in the Portal may generally be considered accurate, there is the possibility that update timing of the information database or regular working cycles may introduce discrepancies in the information held by CEN and/or CENELEC and the content or materials available on the Portal. User hereby accepts that information provided through the Portal may not be fully up-to-date.
Whilst CEN and CENELEC take all reasonable efforts to provide User with any relevant or necessary information, CEN and CENELEC cannot guarantee the accuracy thereof. Any discrepancies that may be noticed by User shall be reported without delay to CCMC at: sdi@cencenelec.eu.
Intellectual Property
CEN and CENELEC retain all rights, title, and interest in and to the Portal, including all copyrights or related rights, domain names, moral rights, trademarks, trade secrets and other Intellectual Property rights.
Clause 6.1 shall not apply to third-party Intellectual Property rights.
No warranty, limitation of liability
The Portal, or any information or materials contained therein, is provided “as is” and “as available”. The entire risk as to satisfactory quality, performance, accuracy, and effort is with the User. To the maximum extent permitted by applicable law, CEN and CENELEC disclaim all warranties or conditions, either express or implied, statutory, fitness for a particular purpose or otherwise, including, but not limited to: warranties or conditions against infringement of any third party intellectual property rights; warranties or conditions relating to the accuracy, completeness, reliability or validity of any data or materials available in the Portal; warranties or conditions that access to or use of the Portal will be uninterrupted or error-free. There are no warranties that extend beyond the face of these Terms of Use.
User agrees that, without limiting to the foregoing, CEN and CENELEC shall not be held responsible or liable for any activities or services, in any form or by any nature, of any CEN and CENELEC Members, arising out of, based on, or resulting from the access to or use of the Portal.
The Portal may contain links to websites, including third party websites or web applications. User hereby agrees that CEN and CENELEC shall not be held responsible or liable for the accuracy, completeness, lawfulness, validity or reliability of any data, materials or information provided in such websites. If User decides to access any third-party website linked to the Portal, User does this entirely at its own risk. CEN and CENELEC shall have no liability for the content or services offered by any third party documents, websites, web applications or otherwise.
Any reference to the Services in the Portal does not mean or imply that said Services are subject to an endorsement, recommendation and/or favouring by CEN and CENELEC. CEN and CENELEC do not attest to the fitness, relevance or effectiveness of the Services shown in the Portal.
Under no circumstances shall CEN and CENELEC be held responsible or liable for any loss or damage, whether direct or indirect, consequential, special, incidental, or otherwise, arising out of, based on, or resulting from any access to or use of the Portal or its interruption. The exclusion of damages under this section is independent of any exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise determined to be unenforceable.
The above exclusions and/or limitations apply irrespective of whether the damages arise from a breach of contract, tort, breach of warranty, negligence, omission, or any other cause of action, to the extent that such exclusions and limitations are not prohibited under Belgian law.
CEN and CENELEC shall not be held responsible or liable for any loss or damage caused due to any unauthorised use of User’s account due to User’s disclosure of account details or for any damage or consequence arising out of or resulting from any incorrect input provided by User.
The Portal is provided for information purpose only. If User is not satisfied with the Portal or the Terms of Use thereof, User’s sole and exclusive remedy is to not access or to stop the use of the Portal.
Protection of Personal Data
CEN and CENELEC remain committed to protecting User’s privacy in compliance with Regulation (EU) 2016/679. User agrees that CEN and CENELEC can process any personal data as per the Privacy Notice.
Processing Activities are those required to manage the Portal.
If User has more questions regarding the processing of personal data in connection with the Portal, User may contact the CEN and CENELEC Data Protection Officer at: dataprivacy@cencenelec.eu
Governing law and disputes
User agrees that all matters relating to the access to or the use of the Portal shall be governed and construed in accordance with the laws of Belgium, without regard to conflict of law rules. The competent courts of Brussels shall have exclusive jurisdiction to settle any disputes which may arise out of or in relation to the Portal and its Terms of Use.
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