1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept all terms and conditions in full;
accordingly, if you disagree with these terms and conditions or any part
of these terms and conditions, you must not use our website.
1.3 Upon registration, submission of any material or use of present
website, you will be asked to expressly agree to these terms and
conditions.
1.4 You must be at least [18] years of age to use our website; by using
our website or agreeing to these terms and conditions, you warrant and
represent to us that you are at least [18] years of age.
1.5 Our website uses cookies; by using our website or agreeing to these
terms and conditions, you consent to our use of cookies in accordance
with the terms of our privacy and cookies policy.
2. Copyright notice
Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright
and other intellectual property rights in our website and the material
on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use the services provided by a web browser,
subject to the other provisions of these terms and conditions as well as or privacy and cookies policy.
3.2 Except as expressly permitted by Section 3.1 or the other provisions
of these terms and conditions, you must not download any material from
our website or save any such material to your computer.
3.3 You may only use our website for purposes relating to ERKA Development
and all purposes served by the Company, and you must not use our website
for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you
must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or
indeed our whole website, at our discretion; you must not circumvent or
bypass, or attempt to circumvent or bypass, any access restriction
measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may
cause, damage to the website or impairment of the performance,
availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish
or distribute any material which consists of (or is linked to) any
spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit
or other malicious computer software;
(d) conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and
data harvesting) on or in relation to our website without our express
written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) use data collected from our website for any direct marketing
activity (including without limitation email marketing, SMS marketing,
telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through
our website, or in relation to our website, is non-misleading.
6. Your content: licence
6.1 In these terms and conditions, “your
content” means all works and materials (including without limitation
text, graphics, images, audio material, video material, audio-visual
material, scripts, software and files) that you submit to us or our
website for storage or publication on, processing by, or transmission
via, our website.
6.2 You grant to us a worldwide, irrevocable, non-exclusive,
royalty-free license to use, reproduce, store, adapt, publish, translate
and distribute your content in any existing or future media OR
reproduce, store and publish your content on and in relation to this
website and any successor website OR reproduce, store and, with your
specific consent, publish your content on and in relation to this
website.
6.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
6.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
6.5 You hereby waive all your moral rights in your content to the
maximum extent permitted by applicable law; and you warrant and
represent that all other moral rights in your content have been waived
to the maximum extent permitted by applicable law.
6.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
6.7 Without prejudice to our other rights under these terms and
conditions, if you breach any provision of these terms and conditions in
any way, or if we reasonably suspect that you have breached these terms
and conditions in any way, we may delete, unpublish or edit any or all
of your content.
7. Your content: rules
7.1 You warrant and represent that your content will comply with these terms and conditions.
7.2 Your content must not be illegal or unlawful, must not infringe any
person’s legal rights, and must not be capable of giving rise to legal
action against any person (in each case in any jurisdiction and under
any applicable law).
7.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark
right, design right, right in passing off, or other intellectual
property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the
commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information
which may be acted upon and could, if acted upon, cause illness, injury
or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive,
harassing, anti-social, menacing, hateful, discriminatory or
inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
8. Limited warranties
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
8.2 We reserve the right to discontinue or alter any or all of our
website services, and to stop publishing our website, at any time in our
sole discretion without notice or explanation; and save to the extent
expressly provided otherwise in these terms and conditions, you will not
be entitled to any compensation or other payment upon the
discontinuance or alteration of any website services, or if we stop
publishing the website.
8.3 To the maximum extent permitted by applicable law and subject to
Section 12.1, we exclude all representations and warranties relating to
the subject matter of these terms and conditions, our website and the
use of our website.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or
relating to the subject matter of these terms and conditions, including
liabilities arising in contract, in tort (including negligence) and for
breach of statutory duty, except to the extent expressly provided
otherwise in these terms and conditions.
9.3 To the extent that our website and the information and services on
our website are provided free of charge, we will not be liable for any
loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses,
including (without limitation) loss of or damage to profits, income,
revenue, use, production, anticipated savings, business, contracts,
commercial opportunities or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal
liability of our officers and employees and, having regard to that
interest, you acknowledge that we are a limited liability entity; you
agree that you will not bring any claim personally against our officers
or employees in respect of any losses you suffer in connection with the
website or these terms and conditions (this will not, of course, limit
or exclude the liability of the limited liability entity itself for the
acts and omissions of our officers and employees).
10. Breaches of these terms and conditions
10.1 Without prejudice to our other
rights under these terms and conditions, if you breach these terms and
conditions in any way, or if we reasonably suspect that you have
breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
10.2 Where we suspend or prohibit or block your access to our website or
a part of our website, you must not take any action to circumvent such
suspension or prohibition or blocking.
11. Variation
11.1 We may revise these terms and conditions from time to time.
11.2 The revised terms and conditions shall apply to the use of our
website from the date of publication of the revised terms and conditions
on the website, and you hereby waive any right you may otherwise have
to be notified of, or to consent to, revisions of these terms and
conditions
11.3 If you have given your express agreement to these terms and
conditions, we will ask for your express agreement to any revision of
these terms and conditions; and if you do not give your express
agreement to the revised terms and conditions within such period as we
may specify, we will disable or delete your account on the website, and
you must stop using the website.
12. Assignment
12.1 You hereby agree that we may
assign, transfer, sub-contract or otherwise deal with our rights and/or
obligations under these terms and conditions.
12.2 You may not without our prior written consent assign, transfer,
sub-contract or otherwise deal with any of your rights and/or
obligations under these terms and conditions.
13. Severability
13.1 If a provision of these terms and
conditions is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in
effect.
13.2 If any unlawful and/or unenforceable provision of these terms and
conditions would be lawful or enforceable if part of it were deleted,
that part will be deemed to be deleted, and the rest of the provision
will continue in effect.
14. Third party rights
14.1 A contract under these terms and
conditions is for our benefit and your benefit, and is not intended to
benefit or be enforceable by any third party.
14.2 The exercise of the parties’ rights under a contract under these
terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 These terms and conditions,
together with our privacy and cookies policy, shall constitute the
entire agreement between you and us in relation to your use of our
website and shall supersede all previous agreements between you and us
in relation to your use of our website.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with Greek law.
16.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Athens.
17. Our details
17.1 This website is owned and operated by ERKA DEVELOPMENT.
17.2 We are registered in Greece.
17.3 Our principal place of business is in Athens, France.
17.4 You can contact us:
(a) by post, using the postal address;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website