General Terms & Conditions of Use

 

General Terms & conditions of use of the website www.ecg.gr

 

  1. GENERAL

The website www.ecg.gr is owned and legally administered by the Hellenic Export Credit Company S.A. – Export Credit Greece (ECG). The Website provides information about the Company’s operation, activities, structure and administration, updates in relation to recent events and news thereof, necessary information about the Programs offered by the Company, as well as useful application forms and links to other websites.

This document contains the General Terms and Conditions of Use of the Website (hereinafter the “General Terms”) which govern the Company’s relationship with the visitors and users of the Website and in particular the content and services offered through the Website. These General Terms and Conditions are applicable each time the User enters the Website and/or makes use of the content and services thereof.

The visit to the Website and the use of content and services thereof, presupposes the unconditional acceptance of the General Terms and Conditions. In case of disagreement with those (or even with a certain provision thereof), the User should proceed to no action, including simple navigation on the Website. We encourage you to read these General Terms carefully, as any action by the User on the Website confirms his/her unconditional acceptance in relation to them. For any information or clarification regarding these General Terms, the User may contact the Company at the contact details listed below. Any information/clarification provided in accordance with the above by the Company regarding the General Terms and Conditions does not constitute any replacement, substitution or any amendment thereof, as they are provided solely for the purpose of assisting the Users, and the General Terms and Conditions constitute the sole and exclusive agreement between the Company and the Users regarding the use of the Website.

The Company reserves the right at any time, without cause and without prior notice addressed to the User, to cancel, suspend or terminate the operation of the Website or some and/or all of the services or part or all of the content thereof.

The use of this Website and any transaction through it is made at the User’s sole risk.

By accepting these terms in accordance with the above, the users state, expressly and unconditionally, that they have the lawful age that permits them to be bound by these general terms regarding the use of the content and services of this website.

The Hellenic Export Credit Company S.A. with the distinctive title “Export Credit Greece S.A.” and “Export Credit Greece (ECG)” was established pursuant to the Law 4918/2022 and is a Société Anonyme supervised by the Minister of Foreign Affairs. It is administered by a seven-member Board of Directors whose members are elected by the General Assembly. The Company’s registered office is located at 48 Michalakopoulou Street, 11528, Athens, while it also maintains an office in Thessaloniki, at 51 Polytechniou Street & V. Hugo, 546 25. For any issue related to these General Terms of Use, you may contact the Company at +30 2119966200 and info@ecg.gr.

 

  1. INTELLECTUAL PROPERTY

The Company’s logos, trademarks (industrial property rights), registered or not, distinctive titles, any other material identifying the identity and origin of the Company, its services and the Website, branding material, services titles, slogans, texts, graphics, drawings, icons, images, audio, video, software and also the domain name (domain name: www.ecg.gr) and the aesthetic design of the Website, the collection of icons and photographs, the layout thereof and the overall composition of the Company’s image that appears on the Website and is related to it, are the intellectual property of ECG S.A. and their use, copy, distribution, reproduction, processing and in any way transmission, reverse engineering, public announcement/communication or translation, use of any part (and/or all) of the Content without the Company’s prior written permission, is not permitted. Exceptionally, the use of the Content displayed on the Website is permitted solely for personal use. The use of it for any commercial use or for any commercial purpose is expressly prohibited.

Any relevant action that contradicts the above prohibitions will be considered as a violation of the Company’s exclusive intellectual property rights on the Website. In any such case, the Company may exercise all its legal rights through legal proceedings or recourse to any other legal means for the upholding of its rights and/or claiming compensation for any damage for the purpose of limiting any related infringement and further unlawful use of the intellectual property objects.

The Website may from time-to-time host logos, trademarks, registered distinctive marks, product names and names of third-party companies when posting and creating articles and other content. All such intellectual property constitutes, however, the property of the respective owners. Any reference to products, services, processes or other information by means of trademarks, trade names, suppliers, manufacturers or other marks of the right-holders does not constitute or imply any appropriation, suggestion or sponsorship from the Company’s part.

Any action that directly contradicts the above restrictions in relation to the use of the Company’s distinctive marks, trademarks and intellectual property rights, domain name and/or software will be considered as a violation of the Company’s intellectual property rights. The Company shall be entitled to exercise any legal right thereof.

 

  1. LIMITATION OF LIABILITY OF THE COMPANY

The Company always acts in good faith and within the framework of the law and these General Terms. Therefore, it has taken and continues to take all necessary technical or other measures and makes every effort to ensure that (a) the Website operates continuously and properly without problems, interruptions, delays, errors or mistakes, (b) the data/information provided and transmitted through this Website is not altered, (c) the technology used or the servers through which the Website is made available to the Users does not contain viruses or other harmful components or software programs, (d) the Content is complete and up-to-date, however, the Company provides NO RELEVANT WARRANTIES for all of the above and is not obliged to pay any compensation in case the User suffers any damage for the above reasons.

The Company is entitled to modify and/or discontinue temporarily or permanently all or part of the Content and services of the Website with and/or without notice to the Users and therefore the Company shall not be liable for any kind of damage (positive, negative, negligent, contractual, pre-contractual or other) resulting from such a possible change.

The Company, the administrators of the Website, its management, employees, associates, partners, agents as well as any representatives thereof, will in no case be liable vis-à-vis  the Users or vis-à-vis any third party whose rights derive from them for any direct, indirect, incidental, special/exceptional, criminal, civil, administrative, positive, negative, negligent, contractual or other consequential damage, due to (indicatively and not limited to):

  • The use of the Content and/or the services of the Website by the aforementioned persons.
  • The inability of the aforementioned persons to access the Content and/or the services of the Website.
  • Unauthorized access or use of the Company’s servers and/or any business information that may be stored on them.
  • The interruption or cessation of the transmission of all and/or part of the Content of the Website for any reason and for any cause.
  • The existence of bugs, viruses and other related threats to the security of information systems, which may be transmitted through the Website by third parties.
  • To any bug or omission in any Content or service made available through the Website.
  • Any defamatory, offensive or illegal conduct of third parties within the Website, including the accuracy, completeness or quality of the information expressed by third parties.
  • Any statement or conduct of a third party in relation to the Website.
  • Use or inability to use any part of the Website.
  • Bugs, omissions, technical glitches, failures or malfunctions of the telecommunication networks, the Internet, the Website, Internet Service Providers.

The Company is liable solely for willful misconduct (including dolus eventualis) [1]and gross negligence, in case of damage caused to Users from information and services of the Website and in general due to any use of the Website. In any case, if the Users suffer any damage while using the Website due to the proven gross negligence of the Company (any liability arising from slight negligence being excluded), the Company will cover any positive damage suffered by the User directly related to the damaging event and the gross negligence of the Company. All limitations of liability set forth herein shall apply in their entirety as valid and consistent with good faith and fair dealing, and Users consent to such exclusions and limitations.

The limitation of liability applies whether any potential liability arises from the Company’s warranty statements, from contract, tort or is based on any other legal basis.

 

  1. EXCLUSION OF THE COMPANY’S LIABILITY IN RELATION TO THE PROVISION OF SERVICES

The content of the Website is essentially informative aiming at providing information about the Company’s operation, the provision of forms and applications relating to current, future and past Programs and other actions of the Company.

The Company is not liable in case of delay in the announcement of Programs posted on the Website, the failure to announce such Programs, any inaccuracies or withdrawal of announcements posted on the Website following decisions of the Company. Potential articles, announcements, application forms and presentations of the available Programs and their accompanying material posted on the Website are provided for the information and convenience of the interested parties, aiming at providing as timely and accurate guidance as possible and comprehensive presentation of the Company’s activities. Under no circumstances any articles, announcements, application forms and presentations posted constitute an invitation to Users to participate in any of the Company’s Programs or an invitation to submit Users’ data for review and evaluation by the Company.

Any communication via email or any other means of providing information through the Website does not equal to a response from the Management of the Hellenic Export Credit Company S.A., but to a communication through its call center.

 

  1. LIABILITY, OBLIGATIONS AND DECLARATIONS OF THE USER

The Content of the Website is updated daily and is under constant maintenance in order to provide authoritative, true and up-to-date content. However, in some cases, for technical or other related reasons, there may be some bugs in the operation and/or content of the Website. Since the Internet is a space with many sources of information and is exposed to many malicious actions of third parties, we urge the Users, before making certain decisions when they derive from the content of the Website, to make sure that they have the most updated and valid material (e.g. the most recent information, the latest version/edition of the form, the latest Company’s announcement, the most recently amended version of the legislation, etc.). We urge Users to check and cross-check by comparison with other sources the content that does not belong to the Company’s exclusive sphere of influence, such as, for example, the existence of the most recent legislation, changes in hyperlinks leading to other websites, any amended/updated decisions concerning issues related to the submission of supporting documents, proposals and other documents to the Company.

ECG shall not be liable for any action or omission by Users based on the information provided or the opinions of the Company’s representatives expressed through the posted material. It is the responsibility of the User to confirm the accuracy of the information provided and to seek further clarification from qualified professionals if they intend to make decisions with legal consequences. ECG makes no warranty as to the suitability, effectiveness and adequacy of the content on the Website for the purpose for which the User intended to use it.

The User is solely and exclusively liable for the data and information that he/she may provide through the Website to the Company, s/he is responsible or obliged to check the correctness and completeness thereof, unless this is imposed upon him/her following a legal complaint or by law.

In addition to the other prohibitions agreed herein, Users are expressly prohibited from:

  • Using the Website in any manner that could harm or cause any harm to the Company, other Users or third parties or in any way undermine the security of the Internet connection and/or the Users’ browsing experience as a whole.
  • Acting, when using the Website www.ecg.gr, anything that constitutes a violation of legal provisions (criminal, civil, administrative, international or other) in relation to the rights of the Internet Users or other people in general.
  • Any form of Software piracy, hacking and/or interception, copying, analog/digital recording and mechanical reproduction, distribution, transmission, downloading, processing, resale, creation of derivative works of data (including personal data) and information, including the content and material (photographs, graphics, texts, etc.) of the Website.
  • Downloading the Website, sending and promoting information or software programs through it, which may contain viruses or other harmful features and functions that may result in the malfunction of the Website or cause increased traffic on it and which may make it difficult for other Users to use it.
  • Use of the Website in any manner which, regardless of the purpose (whether knowingly fraudulent or negligent), could interfere with the proper functioning of the Website and lead to malfunction.
  • Facilitating in any way and by any means the access of third parties to the Website and to any kind of data (including personal data) and information for illegal purposes and for unauthorized use.
  • The transmission of viruses, documents and information through the Website, which are illegal, harmful, offensive, threatening, defamatory or dangerous for the Website’s security and for the reputation of the Company and its affiliated entities or other Users.
  • Licensing resale, lease, assignment, subcontracting and in general any act of making the Website available to third parties for any use and purpose other than those expressly permitted and mentioned in these General Terms and Conditions.
  • Interconnecting the Website with any product or service of the Users without the express and written consent of the Company.
  • Any action or omission that may affect the ability of other Users to use the Website, or circumvent the rights of other Users, such as intellectual property rights, rights to their personal data, etc.
  • Unauthorized modification of the content.
  • In general, any act or omission that may lead to the destruction and/or modification of data contained in the Website, the causing of other Users to be put in an unfavorable or inconvenient position, as well as any act that may violate the rights of third parties, intellectual property rights or any other illegal act or omission.

The Users expressly represent and warrant: a) that they will indemnify the Company, its management, directors, executives, administrators of the Website, employees, representatives, associates, agents, agents in service, suppliers, contractors and any third party whose rights derive from them, from any damage, loss, expense they may suffer, as a result of the violation by the Users (or third parties authorized by them) of the provisions herein and in particular of the prohibitions warranted herein or violation by them of the applicable legislation and/or rights of the aforementioned persons and/or third parties during the use of the Website; and b) that they will not take action against the Company and the aforementioned persons seeking to upheld any claim and/or expense (including legal costs) arising from the use of the Website.

 

  1. LINKS

The Website may contain links to other websites. It is noted that ECG cannot guarantee the legality of the content, the availability of information, privacy and data protection practices, the terms of use and compliance with any other legal obligations that may be imposed on other Websites and legal entities. The links are mostly provided to facilitate the User’s access to the relevant websites. Therefore, the browsing on the above-mentioned websites is made at the User’s sole responsibility. ECG shall under no circumstances be deemed to endorse or accept the content or services of other websites that may be linked to it through links, and expressly disclaims any liability for any content, the quality thereof and the services of third parties, as well as any connection to such websites.

 

  1. PERSONAL DATA PROTECTION

Regarding the type and methods of collection of Users’ and data subjects’ personal data, the purposes and legal bases of their processing, the recipients and the reasons for any disclosure of Users’ data to them, as well as for the exercise of Users’ and data subjects’ rights regarding their personal data, in addition to those expressly mentioned in these Terms, please visit the Privacy Policy.

 

  1. AMENDMENT OF THESE TERMS

 The Company reserves the right to unilaterally amend, renew, delete, add, limit these General Terms of Use, in whole or in part, as well as its Policies at its sole discretion and without prior notice or approval of the Users. It is the User’s responsibility to regularly check these General Terms for any changes. Continued browsing of the Website following the announcement of amendments to the Terms of Use implies express acceptance of these amendments. New services and/or features may be offered from time to time through the Website, which will be subject to these General Terms. In any case where changes are made to material provisions of these General Terms, there will be appropriate notification to Users, either through a pop-up notice in a window on the home page or by any other appropriate means.

 

  1. WAIVER

Any delay, negligence or tolerance from the part of the Company in enforcing compliance against the User shall not constitute a waiver or prejudice to any right provided for herein. If any term herein shall be held by any Court of competent jurisdiction or Authority to be invalid and therefore unenforceable, such term shall not invalidate the remaining terms herein, which shall remain in full force and effect.

 

  1. INVALIDITY OF TERMS

In the event that any part of this document is declared or determined by a court judgement to be invalid, such invalidity shall not affect the validity of the remaining part of this document, which shall remain in force as if these General Terms had been executed with the invalid part deleted. The Company will seek to replace any invalid term with a new valid term, the effect of which will be the nearest equivalent of that which was invalidated.

 

  1. APPLICABLE LAW AND JURISDICTION

Any dispute between the parties regarding the application, interpretation, invalidity of these Terms, the existence or non-existence of rights and obligations of the parties arising either from these General Terms or from tort, shall be interpreted in accordance with Greek laws and shall be subject to the exclusive jurisdiction of the competent courts of the city of Athens, to whose jurisdiction the parties voluntarily submit as of today.

Last amendment: April 2023

 

[1] The Greek “δόλος” is wider that “willful misconduct” since it also includes “dolus eventualis” (ενδεχόμενο δόλο).