EIGA – European Industrial Gases Association AISBL
Effective since 18 April 2018
Revision 6 September 2021
1. INFORMATION ABOUT EIGA
1.1 The website https://www.eiga.eu/ (hereafter: the “Website”) is managed and operated under the responsibility of:
EIGA – European Industrial Gases Association AISBL (hereafter: “EIGA”),
30 Avenue de l’Astronomie
B – 1210 Brussels
Belgian business registry (BCE) number: BE-0439.385.452
1.2 The Website provides information about the activities of the association and access to the technical publications developed by the association (hereinafter: the “Service”).
3. ACCESSIBILITY AND OPERATION OF THE WEBSITE
3.1 EIGA will, insofar as possible, ensure that the Website is up-to-date and remains accessible to a normal number of Users. EIGA does not guarantee that the functions of the Website will be available without interruption or error, that defects are immediately corrected or that the server that makes them available is free of viruses or other harmful components.
3.2 EIGA cannot be held liable for loss or damage, of whatever nature, which is the result of suspension, interruption, (technical) disruption, delay, difficult accessibility and / or termination of the accessibility of the whole or a part of the Website or viruses or other harmful elements that are present on the Website.
3.3 If the User finds an error, virus or other harmful elements on the Website, he/she is requested to communicate it to EIGA at the following address: email@example.com or firstname.lastname@example.org, so that the necessary measures can be taken. EIGA advises the User in any case to install firewalls, antivirus and other necessary security software on his computer to prevent damage.
3.4 EIGA reserves the right to suspend or stop the Website in whole or in part, at any time, without justification and without prior information.
4. USE OF THE WEBSITE
4.1 The User agrees to use the Website only in accordance with its purpose, to the exclusion of any other purpose.
4.2 The User is obliged to ensure that all information he communicates is accurate and up-to-date.
4.3 The User agrees to use the Website in good faith and to respect the prevailing legislation, and in particular to refrain from: – sending to EIGA false or misleading content (and update this content, if necessary, to ensure that it does not become false or misleading), or communication that occurs as obscene, racist or xenophobic, insultingly illegal, deceptive, intrusive, offensive, harmful, violent, threatening, harassing,slanderous, infringing on intellectual property rights or any of these things;
– providing e-mail addresses or other types of content to EIGA without the prior consent of the persons involved;
– sending to EIGA any content that violates the rights of a third party or damages them in any way (intellectual property rights, privacy, trade secrets, …);
– sending to EIGA any content that refers to illegal websites or websites with inappropriate content;
– sending to EIGA any content that is in contravention if EIGA’s the Antitrust Compliance Programme
– using the Website for sending unsolicited spam, pyramid schemes or similar fraudulent processes;
– circumventing technical protection measures for documents and multimedia;
– taking any action that may adversely affect the proper functioning of the Website, the Service, including the use of computer viruses, ramsomware or mass mailing;
– gaining (or attempting to gain) unauthorized access to (a part of) the Website or equipment (hardware and software) used for the proper functioning of theWebsite;
– using of a false name, a pseudonym or use of the identity of someone else or of an entity; – using of the Website for purposes other than those described in these Terms ofUse.
4.5 The User uses the Website entirely at his/her own risk. The Website, the components and all information, software, facilities and associated services are offered as they are, subject to availability without any form of guarantee (explicit or implicit) and within the limits of the applicable legislation.
4.6 EIGA cannot be held responsible for any loss or damage (direct, indirect, tangible or intangible) arising from the use of the Website and its components or the inability to use the Website in whole or in part.
4.7 The User is obliged to inform EIGA immediately in writing if he / she becomes aware of inappropriate behaviour or prohibited use related to the Website, by sending an e-mail to email@example.com or firstname.lastname@example.org.
5. LINKS TO AND ON OTHER WEBSITES
5.1 Links to other Websites can be displayed on the Website. These third-party Websites are not operated by EIGA, which cannot be held liable for their operation, content and use. Unless expressly stated otherwise by EIGA on the Website, the existence of such links does not imply any approval by EIGA regarding these Third-Party Websites or the use that could be made of them, nor any association or partnership with the operators of this Website(s).
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Website and its components (trademarks, logos, graphics, photos, animations, videos, music, texts, etc.) are the property of EIGA. They are protected by intellectual property rights (including copyright, design rights, trademarks, etc.) and may not be reproduced, used or distributed without the prior written consent of EIGA (unless specified otherwise in specific publications) or, as the case may be, the relevant right holder, under a penalty of infringement of copyrights and / or models and / or trademarks, punishable by three months to three years and a fine of 100 to 100,000 euros or one of these fines only.
6.2 EIGA grants to the User a license, non-exclusive, non-transferable, for an indefinite period and at any time and without giving reasons, to gain access to the content of the Website, to view it and only download it for display purposes. The User may also print a copy of the content displayed on the Website for his personal needs, provided that he does not modify the content of the Website in any way and keeps all the mentions of authorship and origin of the Website. Reproduction is therefore only permitted for strictly personal purposes within the meaning of article XI.190 5 ° of the Belgian Code of Economic Law. Unless specified otherwise in specific publications, publications accessible from the Publication webpage may be downloaded and reproduced for non commercial purposes, provided the Association is acknowledged as the source.
6.3 Any use of the Website and its components that are not covered by this article is strictly prohibited.
7.1 Every claim / complaint of the User with regard to the Website will be communicated in writing within eight (8) calendar days after it has become known that there is a reason to do so. The absence of any dispute in accordance with the aforementioned rules implies unconditional acceptance by the User of the fact that gives rise to the claim and, de facto, the definitive waiver of any claim under this point.
9. VALIDITY OF CONTRACTUAL CLAUSES
9.2 The nullity, invalidity or unenforceability of some of the provisions implies by no means the invalidity of all provisions. The provision that is wholly or partially invalid, void or unenforceable is considered unwritten. EIGA undertakes to replace this provision by another who, as far as possible, pursues the same goal.
10.1 The material contained on this Website and all technical publications of EIGA or under EIGA’s name, including Codes of practice, Safety procedures and any other technical information contained in such publications were obtained from sources believed to be reliable and are based on technical information and experience currently available from members of EIGA and others at the date of their issuance. While EIGA recommends reference to or use of its publications by its members, such reference to or use of EIGA’s publications by its members or third parties are purely voluntary and not binding. Therefore, EIGA or its members make no guarantee of the results and assume no liability or responsibility in connection with the reference to or use of information or suggestions contained in EIGA’s publications. EIGA has no control whatsoever as regards, performance or non-performance, misinterpretation, proper or improper use of any information or suggestions contained in EIGA’s publications by any person or entity (including EIGA members) and EIGA expressly disclaims any liability in connection thereto. EIGA’s publications are subject to periodic review and users are cautioned to obtain the latest edition.
11. APPLICABLE LAW AND COMPETENT COURT
11.3 Before commencing legal proceedings, the User and EIGA will aim to resolve the dispute amicably. That is why they will first contact, where appropriate and necessary, a mediator, arbitration or any identify another alternative dispute resolution method.