1.2 You may not use the Site or the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with exportgate.gr, or (b) you are not permitted to receive any Services under the laws of Greece or other countries/regions including the country/region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that exportgate.gr may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If exportgate.gr has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with exportgate.gr or our affiliates for certain Services (hereinafter referred to as “Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of exportgate.gr.
2.1 The exportgate.gr contracting entity that you are contracting with is Eurobank Ergasias S.A..
2.2 You must register as a member on the Site (hereinafter referred to as the “Member”) in order to access and use certain Services. Furthermore, exportgate.gr reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that exportgate.gr may impose in our discretion.
2.3 No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for all Users. Exportgate.gr may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Exportgate.gr may launch, change, upgrade, impose conditions to, suspend or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service such changes will not substantially adversely affect the paying Users in enjoying that Service.
2.5 Certain Services may be provided by exportgate.gr’s affiliates on behalf of exportgate.gr.
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private business purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings etc available on or through the Site (the “Site Content”) and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with exportgate.gr or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from exportgate.gr is prohibited. Use of any content or materials of the Site for any purpose not expressly permitted in the Terms is prohibited.
3.4 Exportgate.gr may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using them. You acknowledge that exportgate.gr has no control over such third parties' web sites, does not monitor such web sites and shall not be responsible or liable to anyone for such web sites or any content, products or services made available on such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of exportgate.gr and/or of any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of exportgate.gr’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to exportgate.gr or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free and sub-licensable (through multiple tiers) license to exportgate.gr to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works and otherwise use any or all of the User Content in any form, media or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to exportgate.gr that you have all rights, power and authority necessary to grant the above license.
4.1 User must be registered on the Site to access or use certain Services (a registered User is also referred to as a “Member”). Except with exportgate.gr’ s approval, each User may register only one Member account on the Site. Exportgate.gr may cancel or terminate a User’s Member account if we have reasons to suspect that the User has concurrently registered or controlled two or more Member accounts. Furthermore, exportgate.gr may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, exportgate.gr shall assign an account and issue a Member ID and password (the latter shall be chosen by the registered to be User during registration) to each registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify exportgate.gr immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including, without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any Services, sending private messages etc) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other people or allowing multiple users outside your business entity to use your account (collectively "multiple use") may cause irreparable harm to exportgate.gr or other Users of the Site. Member shall indemnify exportgate.gr, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, exportgate.gr shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without any liability to Member.
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.2 Member will be required to provide information and/or material about your entity, business and/or products/services as part of the registration process on the Site or your use of any Services or the Member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Services is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
5.6 Each Member further represents, warrants and agrees that you shall:
5.7 Member may not use the Services and Member account to engage in activities which are identical or similar to exportgate.gr’s activities.
5.8 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee, (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referee without need to obtain your consent.
5.9 Member agrees to provide all necessary information, materials and approval and render all reasonable assistance and cooperation necessary for exportgate.gr’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in or suspension or termination of the provision of any Service, exportgate.gr shall not be liable for any loss or damages arising from such delay, suspension or termination.
5.10 Member acknowledges and agrees that exportgate.gr shall not be required to actively monitor nor exercise any editorial or verification control whatsoever over the content of any message or material or information created, obtained or made accessible through the Services or Site. Exportgate.gr does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member or included on the Site in any way. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.11 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
6.1 Exportgate.gr reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject exportgate.gr or our affiliates to liability or is otherwise found inappropriate in exportgate.gr’s opinion.
6.2 If any Member breaches any Terms or if exportgate.gr has reasonable grounds to believe that any Member is in breach of any of the Terms, exportgate.gr shall have the right to impose a penalty against the Member or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Exportgate.gr shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by exportgate.gr. The penalties that exportgate.gr may impose include, among others warning, removing any User Content that the Member has submitted, posted or displayed, imposing restrictions on the User Content that the Member may post or display or imposing restrictions on the Member’s use of any features or functions of any Service for such period as exportgate.gr may consider appropriate in our sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
6.4 Exportgate.gr reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, exportgate.gr may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party or as a result of a subpoena or other legal action. Exportgate.gr shall not be liable for damages or results arising from such disclosure and Member agrees not to bring any action or claim against exportgate.gr for such disclosure.
6.5 If a Member is in breach of the Terms, exportgate.gr also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of dishonest or fraudulent activities, exportgate.gr also reserves the right to disclose the records of such breach to our affiliates. Such exportgate.gr affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions and publish the records about the Member’s breach of the terms on the websites operated or controlled by such exportgate.gr affiliates.
6.6 Exportgate.gr may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if exportgate.gr has received notice that the Member is in breach of any agreement or undertaking with any affiliate of exportgate.gr and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Exportgate.gr shall have the right to publish the records of such breach on the Site. Exportgate.gr shall not be required to investigate such breach or request confirmation from the Member.
6.7 Each Member agrees to indemnify exportgate.gr, our affiliates, directors, employees, agents and representatives and to hold them harmless from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services or from your breach of the Terms.
6.8 Each Member further agrees that exportgate.gr is not responsible and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Exportgate.gr reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with exportgate.gr in asserting any available defenses.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY EXPORTGATE.GR ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND EXPORTGATE.GR HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS ARE HEREBY EXCLUDED.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPORTGATE.GR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; EXPORTGATE.GR DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND EXPORTGATE.GR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
7.3 Exportgate.gr does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services displayed by Users on the Site or the ability of above mentioned Users to complete a potential sale or the ability of above mentioned Users to complete a potential purchase or generally the ability of above mentioned Users to complete any other transaction.
7.4 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Because user verification on the internet is difficult, exportgate.gr cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you may be dealing.
7.5 In the event that any User has a dispute with any party to a transaction related in any way to the Site and/or the Services, such User agrees to release and indemnify exportgate.gr (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
7.6 Exportgate.gr has taken all the necessary measures for the security and protection of its systems. Although exportgate.gr undertakes to upgrade its protection systems and to use antivirus programs, it cannot in practice guarantee the absence of viruses and it is not liable in case of damage to the equipment, the software or the files or any other damage sustained by Users due to a virus. We particularly highlight the fact that exportgate.gr does not have an antivirus checking tool regarding videos, files e.tc. that Users upload, thus if you do download such videos, files e.tc. you do it at your own risk.
7.7 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to exportgate.gr’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from exportgate.gr or through or from the Site shall create any warranty not expressly stated herein.
7.8 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall exportgate.gr and our affiliates be held liable for any such services or products.
7.9 Each User hereby agrees to indemnify and save exportgate.gr, our affiliates, directors, officers and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save exportgate.gr, our affiliates, directors, officers and employees harmless from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to exportgate.gr, including but not limited to those set forth in Section 5 hereunder.
7.10 Each User hereby further agrees to indemnify and save exportgate.gr, our affiliates, directors, officers and employees harmless from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products or services offered or displayed on the Site. Each User hereby further agrees that exportgate.gr is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Exportgate.gr reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with exportgate.gr in asserting any available defenses.
7.11 Exportgate.gr shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
7.12 Notwithstanding any of the foregoing provisions, the aggregate liability (that under no circumstances will it cover loss of profits) of exportgate.gr, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to exportgate.gr (if any) or our affiliates (if any) during the calendar year. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
7.13 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not exportgate.gr has been advised of or should have been aware of the possibility of any such losses arising.
8.1 Under no circumstances shall exportgate.gr be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
9.1 Exportgate.gr is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with exportgate.gr, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by exportgate.gr are hereby reserved.
9.2 "Exportgate.gr" and related icons and logos are registered trademarks or trademarks or service marks of Eurobank Ergasias S.A. and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.3 Exportgate.gr may have independent third parties involved in the provision of the Services. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
10.1 All legal notices or demands to or upon exportgate.gr shall be made in writing and sent to exportgate.gr personally, by courier, certified mail or facsimile to the following address: Eurobank, Corporate Transaction Banking, 16 Laodikeias St & Nimfaiou, 11528 Athens, Greece. The notices shall be effective when they are received by exportgate.gr in any of the above-mentioned manner.
10.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to exportgate.gr or by posting such notice or demand on an area of the Site that is publicly accessible. Notice to a User shall be deemed to be received by such User if and when:
10.3 You agree that all agreements, notices, demands, disclosures and other communications that exportgate.gr sends to you electronically satisfy the legal requirement that such communication should be in writing.
11.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and exportgate.gr with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
11.2 Exportgate.gr and you are independent and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
11.3 Each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.
11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11.5 Exportgate.gr’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of exportgate.gr’s right to act with respect to subsequent or similar breaches.
11.6 Exportgate.gr shall have the right to assign the Terms (including all of our rights, titles, benefits, interests and obligations and duties in the Terms) to any person or entity (including any affiliates of exportgate.gr). You may not assign, in whole or part, the Terms to any person or entity.
11.7 The Terms shall be governed by the laws of Greece without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Greece.