General Terms and Conditions of Use

Effective date: 25/05/2018

  1. Introduction

    The present website www.icapb2b.gr («Website») and the mobile app «ICAP On the Go», are designated for the provision of online services and products of «ICAP  S.A.», having its registered seat in Kallithea, 2, Eleftheriou Venizelou Avenue, 17676, VAT number 996952940 (General Commercial Registry No. 147989301000), to B2B clients, with the use of their personal password (hereinafter referred to as «icapb2b Services»).

  2. General Terms

    i. Each user visiting the website/mobile app and making use thereof and of the icapb2b Services (hereinafter referred to as «User and/or Client»), is considered as consenting and unreservedly acknowledging all the terms included herein, without exception. In case the User does not agree with any term whatsoever, he/she must not make use of the website/mobile app’s content or icapb2b Services.

    ii. The terms of use are subject to updates effective as of the upload of the same on the website. In case the terms are updated, the User shall be notified respectively upon accessing the website/mobile app and will be invited to review and accept them before continuing using the website/mobile app.

  3. Special Terms for the icapb2b Services

    ICAP S.A. (hereinafter referred to as «ΙCAP») provides products and services which include commercial and financial data for entities (hereinafter referred to as «Information»). The content of such products and services varies depending on the nature and scope of the service provided by ICAP. In particular:

    1. ICAP uses its best efforts to ensure, to the extent feasible, the accuracy of the Information and the proper implementation of the agreement with the client. However, ICAP relies to a great extent to third party information and data, which may not be up to date or to statements of the businesses themselves which may not be cross checked for their accuracy thereof. Further, due to the huge volume of data collected as well as the time required for the processing thereof, it is likely that the Information may eventually be inaccurate or incomplete.  The Information is provided on the condition that the Client accepts the risk with regards to the quality, accuracy, assessment or evaluation of the Information.
    2. The Information provided to the Client is indicative for informative purposes for the entity under assessment. The provision of the Information by ICAP shall in no case be conceived as a prompt or discouragement for the execution of a specific transaction, nor shall it constitute or be considered or conceived as a financial or other advice to the Client by ICAP, as the Client makes its decision in the manner and based on the criteria the same determines.
    3. The Client acknowledges and accepts that, in case the Cient requests to receive Information including personal data, it should ensure – prior to the provision of such data by ICAP-, that the data subject has been informed: a) that subject to legal requirements his/her personal data regarding his/her financial behavior will be processed exclusively for the purpose of enabling the Client as well as ICAP to lawfully pursue their legitimate interest, as well as to have financial transactions reorganized in accordance with the provisions of the currently applicable legislation, any decisions/guidelines of the Data Protection Authority or any other competent authority and ICAP’s instructions and b) of his/her rights, either pursuant to applicable local legal provisions or as per articles 13-21 of the General Data Protection Regulation (ΕU) 2016/679.
  4. Ownership of Products- Intellectual and Industrial Property Rights

    i. The content of the website/mobile app, including the distinctive titles, trademarks, images, graphics, pictures, designs, logos, texts, etc. as well as the content of icapb2b Services is wholly and exclusively owned by ICAP, save those belonging to third parties, and are protected in accordance with national, EU and international law. The inclusion of such content in the website does not constitute a transfer or assignment of the license or right to use the same and should not be conceived as such.

    ii. The User-Client of the website/mobile app may use the icapb2b Services and the content of the website/mobile app, including all statements on ICAP’s intellectual and ownership rights, exclusively for personal use or for use related to his/her internal business needs and should include, without making them available to third parties, whether as a whole or partially, either with or without consideration. Indicatively, the publication, transmission, transfer, reproduction, broadcasting, distribution, presentation, resale or any other use whatsoever of the content of the website/mobile app and of  icapb2b Services or part thereof, in any way or by any means for the commercial exploitation thereof or for any other purpose not explicitly agreed is not allowed.  

    iii. Any content of the website/mobile app being subject to third parties’ intellectual and industrial rights falls within the latter’s responsibility.

  5. Users’ Obligations

    i. The users of the website/mobile app should comply with all provisions, regulations and codes of conduct, pursuant to local, European and international laws, as applicable for the protection of the website/mobile app, the content thereof, icapb2b Services, ICAP’s interests and any other legal rights, including those related to the lawful and agreed use of the website/mobile app and of icapb2b Services by the users.

    ii. The User of the website/mobile app, who is ICAP’s Client with a personal password for the icapb2b Services, should take all appropriate measures for the prevention of any unauthorized access to the icapb2b Services. The User-Client accesses the Information at its own exclusive responsibility and is liable for all actions and transactions effected with the use of its personal password for the website, as well as for the use of the icapb2b Services received with the use of the password in accordance with the terms of provision of the Services thereof. The password is personal and may not be transferred. As a result, the Client-User may not assign the right to use its passwords. ICAP is not to be held liable for any damage or loss resulting for the unauthorized or illegal use of the password by third parties, as a result of a leak or for any other reason and reserves its right to seek compensation by the User, in case ICAP sustains a damage of any kind whatsoever resulting from the unauthorized or illegal use of the password. On an exceptional basis, access with the use of passwords by employees and partners of a User, which is a legal entity, is allowed, on the condition that such persons have been notified to ICAP as the lawfully authorized persons, who are bound by the terms of use and further are subject to confidentiality and non-disclosure obligations with regards to the information.

    iii. Within the above framework, the User accepts and undertakes the obligation not to use the website for:

    a. mailing, publishing, sending via e-mail or transmission by other means of any content whatsoever which is illegal for any reason, illegally harms and damages ICAP or any third party or breaches confidentiality obligations or the privacy of any person.

    b. mailing, publishing, sending via e-mail or transmitting by other means any content whatsoever which is contrary to the moral ethics, social principles, minor age, etc,

    c. mailing, publishing, sending via e-mail or transmitting by other means any content whatsoever, with regards to which the users have no transmission right as per the law or the agreements in place (such as insider information, ownership and confidential  information obtained or disclosed within the framework of a contract or which are subject to confidentiality agreements),

    d. mailing, publishing, sending via e-mail or transmitting by other means any content whatsoever , which breaches any patent right, trademark, business secret, intellectual property or other rights of ICAP or third parties,

    e. mailing, publishing, sending via e-mail or transmitting by other means any material whatsoever, which contains software viruses or any other codes, files or programs which have been designed for the purpose of disrupting, damaging, destroying either the operation of any software or hardware material,

    f. intended or unintentional breach of the current legislation and applicable provisions, 

    g. harassment of third parties in any way whatsoever,

    h. collection or storage of personal data related to other users.

    iv. Users of the website/mobile app violating any of the present terms of use are liable to fully compensate ICAP or third parties for any damage or loss of any kind whatsoever as a result of the said violation.

  6. Limitation of ICAP’s liability

    i. Although ICAP does not provide any warranty and thus is not liable, uses its best efforts, to the extent feasible, so that the content of the website/mobile app, including the icapb2b Services, is complete, correct and up to date. As far as the icapb2b Services are concerned, the commercial and financial information provided by ICAP, may have gaps or inaccuracies, due to the huge volume, the time required for the collection and processing thereof and the fact that they are obtained from sources, other than publication, which may not always be cross checked. Given the nature of the content of its services, ICAP is not in a position to warrant that the Information is absolutely complete, up to date and accurate, nor does it bear any liability in this respect. The User-Client of the icapb2b Services accepts this eventuality, such acceptance being for ICAP a pre-condition for the conclusion of the contract for the provision of its respective services. In no case may ICAP be held liable for any damage or loss sustained by the User or third parties resulting from the use of the website/mobile app or the icapb2b Services.

    ii. ICAP reserves its right to temporarily discontinue at any time, the operation of the mobile app, as a whole or partially, for the purpose of maintenance or upgrade, by providing reasonable notice to the User-Client. ICAP does not warrant the undisrupted function or that the website/mobile app will be available to the users at all times, including the clients having a password for the icapb2b Services, nor is ICAP liable for any damage or loss of the users or third parties as a result of the above. ICAP reserves its right to check the servers in accordance with the requirements as applicable from time to time and perform reasonable management actions such as to discontinue the servers’ availability (downtime) for the maintenance thereof, or in order to process requests of users regarding retrieval of passwords as well as for similar actions.

    iii. Similarly, ICAP does not warrant that the website/mobile app or any other related website or respective servers, are free from “viruses” or other harmful material. The User-Client is exclusively responsible for the security and safety of his/her system and makes use of the services and the website/mobile app at his own responsibility. ICAP is not liable for any loss of data or any other damage of the User-Client or third parties resulting either from the use of the website/mobile app and ICAP’s services, or from infection from viruses or other not allowed interferences in files and information available through the website/system from third parties.

  7. Links To Other Websites

    The website offers access to third-party websites through special links, the content of which falls within the exclusive responsibility of the owners thereof and the use of which is subject to the respective terms and/or policy of the latter. Reference to other websites does not create any liability whatsoever for ICAP as to their availability, quality, completeness or operation in accordance with the law, either with regards to intellectual or industrial property rights or any third party rights. The User uses third-party links and websites at his/her own responsibility. As a result, visitors are obliged to comply with the terms of use of the said websites and should refer directly to the providers thereof for any issue which may arise from the navigation and/or use of the same.

     

  8. Customer Service

    For the support of ICAP’s Users-Clients with regards to the services provided during the navigation of the website and/or the mobile app as well as for the submission of queries, our advisors are available during working days and hours between 9:00 and 17:00 at the phone number 2107200050, fax: 2107292575, email: customercare@icap.gr or at the phone numbers displayed in the website at the Customer Care section depending on the nature of the request and the service-product.

  9. Personal Data Protection

    i. Protecting your privacy is important to ICAP. ICAP uses its best efforts to comply with all laws applicable for the management of information collected regarding yourself. To that end, ICAP has developed a Privacy Policy governing the collection, use, notification, transmissions and storage of your data. More specifically, the Privacy Policy describes the manner in which ICAP, and its affiliates, use and share personal data, which we collect from you as User of ICAP’s website/mobile app. Please read carefully the detailed practices regarding the protection of privacy at the link Privacy Policy and do not hesitate to contact us (at the address customercare@icap.gr or at the mail address of ICAP S.A., 2, El. Venizelou Street, P.C. 17676 Kallithea, To the attention of: Data Protection Officer).

    ii. ICAP keeps a file with data provided by its clients themselves for the use of the website/mobile app, for the purpose of providing the icapb2b Services. Access to the website/mobile app will be effected with the use of a special access code and password, unique for each user. The said codes ensure the privacy of transactions and the system’s safety and are to be used exclusively by the Client.

    iii. ICAP shall use the said data only for the purpose of meeting its internal business needs without transmitting them, totally or partially, to third parties, unless it is allowed or imposed by law. By voluntarily providing his/her data, the User-Client expressly grants his/her consent for the processing of his/her data within the framework of the scoped transaction and the direct promotion of ICAP’s similar products or services or the serving similar purposes, while enjoying his/her rights resulting from local Law and the General Data Protection Regulation (Regulation (EU) 2016/679) (a. right to be informed (article 13), b. right of access (article 15), c. right to rectification (article 16), d. right to erasure «right to be forgotten» (article 17), e. right to restriction of processing (article 18), f. right to data portability (article 20 if applicable) and g. right to object (article 21).

     

  10. Invalidity of Provisions

    Should any provision of the present terms become or be declared as illegal, invalid or not enforceable for any reason whatsoever, such provision will be considered as removed from the terms of use and will not affect the validity and enforceability of the remaining provisions.

     

  11. Applicable Law and Jurisdiction

    Any dispute with regards to the implementation of the present terms and the use of the website/mobile app in general, if not amicably settled, shall be governed by Greek Law and shall be subject to the exclusive jurisdiction of the Courts of Athens.