Revision date: 25 May 2018
Bold expressions in these Site Terms have meanings as follows:
External Site means any website not owned or operated by the Provider.
Provider means VALIPAT S.A. a Belgian Company with registered offices located on Rue de Livourne, 7, 1060 Brussels, Belgium, with Company Number 0806.735.439 and its subsidiaries (i.e. any company over which VALIPAT S.A. exercises a controlling power as defined in article 5 of the Belgian Companies Code), particularly ENVOY International Limited, a Scottish Company having its registered office at Delta House, Third Floor, 50 West Nile Street, Glasgow G1 2NP and registered under the number SC341761, and, unless the subject or context requires otherwise, includes any successor or affiliate of VALIPAT S.A. or ENVOY International Limited.
Services means the IP administrative services and IT functionalities offered by the Provider, possibly together with a subcontractor, including services in relation with:
Site means the www.delegateip.com, www.valipatenvoy.com websites operated by the Provider.
Site Terms means the terms and conditions generally regulating the use of the Site. Such Site Terms may be accessed through the Site.
User means a natural person who visits, accesses or uses the Site for any purpose.
2.1. The Provider may revise the Site Terms at any time by updating the posting of this document on the Site. Revised Site Terms come into force on the following day after their publication on the Site.
2.2. If any provision of the Site Terms is inapplicable or contrary to a mandatory statutory provision, such inapplicability shall not affect the validity or enforceability of the other provisions.
2.3. The Provider shall use its best endeavours to ensure uninterrupted access to its Site and to protect it with all reasonable means.
3.1. The Site contains information of a general nature. While the Provider strives to keep the Site accurate and current, errors may occur and information may become outdated. The Provider offers no guarantee as to the reliability of any text or image published on the Site. The Provider does not warrant that the Site and any information, software or other downloaded material will be uninterrupted, error-free, omission-free or free of viruses or other harmful components.
3.2. All information on the Site is provided "as is" without warranty of any kind including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
3.3. The Provider may extract and display information to the User originating from External Sites for the provision of the Services e.g. bibliographic details of an IP Right based on an online form completed by the User. The Provider has no liability or responsibility for the accuracy, authenticity, completeness or relevancy of such data, which is provided as made available from the External Sites, nor for the use of such data.
4.1. The Provider undertakes to process all personal data in compliance with the Belgian and European legal and regulatory requirements and, in particular, for natural persons, with the provisions of the General Data Protection Regulation 2016/679 of 27 April 2016.
4.2. The Provider is committed to respecting the privacy of the User, its orders and the use it makes of the Site.
4.3. For any further information in connection with the processing of User personal data, please refer to the Provider’s privacy statement available from our website.
5.1. The Site may contain links to External Sites. The Provider is not required to maintain or update the links and makes no warranties and accepts no liability in relation to material contained on External Sites.
5.2. Links to or from an External Site should not be construed as any endorsement, approval, recommendation or preference by the Provider of the owners or operators of the External Site, or for any information, products or services referred to on the External Site unless expressly indicated on the Site.
5.3. Unless prohibited by any relevant law, an External Site may be linked to the home page of the Site, but not to any other part of the Site, provided that in the opinion of the Provider, the link is made for fair and reasonable purposes, is not detrimental to the Provider's reputation and does not take commercial advantage of the Provider's goodwill.
5.4. Permission to link to the Site may be withdrawn without notice.
6.1. The Site, all content on the Site (including, without limitation, the trademarks, designs, texts, graphics, software compilations and underlying source code) is owned by the Provider or licensed to the Provider and protected under Belgian and international copyright, patent and trademark laws.
6.2. The Provider’s registered and unregistered Intellectual Property rights may not be used for any purpose without the prior written permission of the Provider.
7.1 Without the Provider's express written consent a User must not:
a. reproduce, duplicate, copy, download, sell or re-sell, visit or otherwise exploit for any commercial purpose any part of the Site;
b. frame or utilise framing techniques or other technology to display the Site, any content of the Site, or any of the Provider’s IP rights, on an External Site; or
c. use in a webpage any meta tag or other invisible or hidden text referencing the Provider name or utilising any of the Provider’s IP rights.
7.2. The User agrees not to:
a. use the Site, its content or the Provider’s IP rights for any illegal purpose;
b. use the Site in any manner or for any purpose that would breach relevant laws in any applicable jurisdiction (including the User's local jurisdiction);
c. upload or transmit through the Site any computer malware including viruses, trojan horses, worms, or other malicious code, or do anything designed to interfere with or disturb the normal operating procedures of a computer;
d. upload or transmit through the Site any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
e. use the Site in a way that may cause the Site to be interrupted, damaged or rendered less efficient or which may impair the effectiveness or functionality of the Site;
f. use the Site in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); or
g. interfere with or diminish the Provider's right, title and interest in the Site and the Services available on it.
8.1. The Site Terms are governed by and to be construed in accordance with Belgian law.
8.2. The French speaking Courts of Brussels are exclusively competent to hear and determine any dispute relating to the relations between the Provider and the User.
8.3. However, nothing in this clause prevents the Provider from commencing proceedings in a different forum or jurisdiction if the Provider reasonably considers that the dispute would be better adjudicated in a different forum or jurisdiction.
Questions, comments and requests regarding these Site Terms are welcomed and should be addressed to the Provider in writing or by email at firstname.lastname@example.org.