“MYTILINEOS S.A.” (the “Company”) has created the website http://www.protergia.gr in order to provide information and services to its users.
The use of the website http://www.protergia.gr is subject to the present terms and conditions (the “Terms”), which users are requested to read carefully and conform to. The use of the website http://www.protergia.gr implies the unconditional acceptance of the present terms and conditions.
The Company may, for any reason and without prior notice, change these Terms. The Company will make every possible effort to indicate any changes in the Terms by means of a notice on the home page. The use of this website by the users implies their acceptance of the Terms as in force.
Where the use of any service on this website is subject to further specific terms and conditions, such terms and conditions are considered to form a uniform whole with the present ones, however in cases of conflicts the specific terms and conditions applicable to each service shall prevail.
Minors are prohibited from using this site, which is addressed exclusively to adults. Nevertheless, if minors visit this site of their own free will or use services which may be considered unsuitable for them, the Company bears no responsibility.
1.1. The Company is not liable under any circumstances for any claims of a legal nature or for any direct or indirect damage or costs which may result from the operation or otherwise and the access to, use of or navigation in the Company’s website or from downloading material, text and other data contained in it, including, but not limited to, damages caused by viruses, program bugs, human error, any computer system or hardware, software, program malfunction or any other error, omission or transmission delay due to the computer or the network connection.
1.2. The Company shall take all necessary steps to ensure the good operation of this website, without however guaranteeing that its operation will be continuous and without errors or problems of any other technical nature.
1.3. As a result of ongoing developments, the information contained in this website may not always be fully up to date and for this reason information is provided on an “AS IS” and “AS RELEASED” basis. The Company shall make every effort to ensure that the information and in general the content made available though this website is clear, accurate and complete and, as far as this is possible, up to date. In any case, the Company bears no liability whatsoever to the user of this website for any loss which the user may sustain due to lack of clarity, accuracy and completeness and/or to the information provided not being up-to-date.
The Company makes reasonable efforts to ensure the maintenance and availability of its website. Users nevertheless acknowledge that the Company may modify and/or discontinue, temporarily or permanently, the operation of its entire website or of part of it, with or without prior notice to the users, as availability may be affected by the users’ equipment, other communication networks, the large number of users attempting to use the Company’s website or other causes. The Company therefore bears no liability for any type of damage (actual or consequential, unintentional, contractual or other) resulting from the use of the website or the failure of users to access it, from the discontinuation of the operation of the entire website or of part of it, from delays, non-delivery, interruption or poor reception quality of its services or from loss of its content or the existence of errors. In any case, the Company reserves the right to interrupt, temporarily or permanently, the operation of its entire website or of part of it, for maintenance or upgrade purposes or for any other reason.
2. INTELLECTUAL PROPERTY RIGHTS – PROHIBITION OF USE
2.1. All items, information and data contained in the Company’s official website, including without limitation the Company’s business name, distinctive title, trademarks, specifications, images, photographs, texts, drawings, services provided and all types of files in general in connection with the products/services offered by the Company are the Company’s intellectual and industrial property and are protected by the relevant provisions of the Greek and community law on intellectual property.
2.2. The names of Company products/services and the business name, distinctive title, trademarks, logos, specifications etc. contained in this website are protected by the relevant provisions of the Greek and Community law.
2.3. Access to the above via the Company’s website under no circumstances implies the transfer or assignment of a usage license or right. All copying, reproduction, distribution, transfer, downloading or other use of the contents of the Company’s website is explicitly prohibited, unless the Company’s prior written consent is given.
2.4 Users acknowledge and agree that they shall make lawful and appropriate use of this website. In the event that the use of this website is unlawful and/or contrary to the present Terms, the users concerned are obliged to indemnify the Company for all damages sustained. The Company’s failure to exercise its relevant rights does not imply a waiver of such rights.
2.5 The model application forms contained in the Company’s website and the services and products provided as a result of their submission may be replaced / modified / cancelled at any time by the Company at its discretion. The website users/visitors are prohibited from modifying or falsifying the model application forms contained in the website. Where it is established that such action has taken place, the Company reserves the right to take legal action against the liable parties and to claim compensation for all damages sustained.
3. WEBSITES AND CONTENT OF THIRD PARTIES
4.1. DESCRIPTION OF INFORMATION COLLECTED BY THE COMPANY
4.1.1. Aggregate Information: Information is collected jointly with many commercial organisations for monitoring the use of this website. Personally identifiable information IS NOT collected as part of this procedure. Normally, information is collected regarding the number of visitors and the initial domain name of the Internet Service Provider. This information is used to understand the visitors’ use of the website and may be shared with other companies and other third parties
4.1.2. Personal Data
(a) In certain cases, in order for the user to have the right to access specific content of the website, the Company may request the user to register by filling in an on-line application form, stating his/her personal details (which are considered to be “personal data” and are protected as such, in accordance with the laws in force), such as name, email address, country of residence and other information. The aforementioned information and data are submitted voluntarily by the user as part of the registration procedure. Users may request a modification of such communication details at any time by contacting Protergia Customer Support by phone at 18311 or by sending an e-mail to email@example.com.
(b) The user acknowledges and consents that the Company may, as per the above, keep a record of and process personal data of the users, which shall come to its knowledge through the website at http://www.protergia.gr for the purposes of creating, promoting, supporting and implementing its transaction with the user, with the users acknowledging and accepting the keeping of a record and the processing of their personal data for the aforementioned purposes. In this case, the recipients of the record’s data for the purposes of creating, promoting, supporting and implementing the transaction between the Company and the user may be the Company’s employees, companies affiliated with it (within the meaning of article 42(e) of Law 2190/1920, as in force), as well as third parties collaborating with the company for providing of the services in connection with the record and for serving the relevant needs of the company / transaction (advertising companies, market research companies, the Regulatory Authority for Energy, credit rating agencies assessing the creditworthiness of Company customers, companies responsible for collecting overdue payments from t Company customers etc.). The Company does not disclose or publicise the personal data of users to persons other than the abovementioned potential recipients.
(c) Users retain the rights of articles 11, 12 and 13 of Law 2472/1997, i.e. the right to information, the right of access and the right to object, in connection with the keeping of a record and the processing of their personal data. In accordance with the law on the protection of personal data, every user is entitled to know whether personal data relating to him/her are being processed or have been processed by the Company and to submit at any time objections to the processing of data relating to him/her, such objections to contain a request for a specific action, including, but not limited to, a request for correction, temporary non-use, locking, non-transfer or deletion.
(d) The Company bears no responsibility to the user of its website for cases involving the use of the personal data of the user concerned, which the latter has declared to third natural or legal persons through a hyperlink to the website of such third parties which is available on the Company’s website or the use by the users of products/services of third parties through the Company’s website.
4.1.4 The Company may use the information it collects and/or receives in order to avoid illegal activity or activities that pose a threat to the Company’s network or put at risk the provision/availability of its website.
4.2. Communication with the Company
The user accepts that he may occasionally receive via e-mail or by post information on the products or services of the Company and its business partners (e.g. latest news updates). If the user does not wish to receive such information, he/she may choose not to receive them by advising accordingly the Company at any time via e-mail at firstname.lastname@example.org, by phone at 18311 or by post at the following address: 11 Marinou Antypa Street, P.C. 141 21 N. Heraklion, Attica.
5. USERS’ OBLIGATIONS
5.1 The capacity of user of this website is personal and thus the user must not share it with other individuals. If the Company has provided the user with a “user name” and/or an “access code” (“password”), the latter is obliged to keep these safe and treat them as secret. Furthermore, the user acknowledges and accepts the following: (i) that he/she shall notify the Company as soon as he/she establishes that an unauthorised disclosure or use of his/her user name and/or access code has taken place; and (ii) that he/she is responsible for any loss or damage that may arise from such unauthorised disclosure or use.
5.2 The user is responsible for providing all equipment needed to access the website and is held liable to third parties for all relevant charges payable to them in connection with the provision of access to the website (e.g. telephone charges and Internet Service Provider charges).
5.3 The user agrees to use this website only in accordance with the present Terms. Where the use of this website by the user results in loss or damage to any third party which subsequently takes legal action against the Company claiming compensation, the user shall be liable for indemnifying the company for all losses and/or damages resulting from such a claim. For granting access to certain services, the Company may request users to provide personal information in order to issue them with a relevant access code. Such personal information must always be true, accurate, valid and complete. Users are responsible for all transactions carried out using their access code and are obliged to inform the Company immediately of any unauthorised use thereof and of any security breach (even a presumed one). The company is not liable for any damage or loss which may result from the arbitrary or unlawful use of the access code by third parties as a result of such code being leaked or for any other reason, and retains the right to seek compensation from the user in the event that it sustains damages from the said arbitrary or unlawful use of the access code. The Company retains the right to refuse to issue an access code or to cancel an access code that has been issued or to terminate the provision of such services to the user and refuse any current or future use of the website in the event of breach of these Terms.
5.4 The users of this website undertake:
5.4.1 Not to use the website for attempting to access the systems/networks of the Company or of third parties;
5.4.2 Not to use the website for pursuing a business activity or other activities;
5.4.3 Not to use the website for causing disruption, harassment or undue concern to any third party or for sending false messages; and
5.4.4To inform the Company immediately of any changes that affect their registration data. It is the users obligation to ensure that their registration data are kept up to date.
For all questions and clarifications regarding the Company’s website and the products/services of the Company which are provided through it, users may contact the Company via e-mail at email@example.com, by phone at 18311 or by post at the following address: 11 Marinou Antypa Street, P.C. 141 21 N. Heraklion, Attica.
7. GENERAL PROVISIONS
7.1 If any clause of the above Terms is deemed invalid or non-enforceable, this shall not affect the validity and enforceability of the remaining clauses.
7.2 These Terms represent the entire agreement between each user and the Company and govern access to and use of the website by the users. These terms prevail over any other written agreement between each user the Company in connection with the use of this website.
The present Terms are interpreted in accordance with the Greek law. The Courts of Athens are designated as the Courts having jurisdiction over the resolution of all disputes.