General terms and conditions governing BOIP online services

A. GENERAL

1. Definitions

In these General Terms and Conditions the following words have the meanings referred to below:

'My BOIP Account': the environment for Account Holders and Account Users which is accessible on the Website using a login and password;

'Account User': an employee of, or a person who works in some other way for and is subject to the responsibility of, the Account Holder, who is registered as User of Services with the Account Holder and BOIP;

Account Holder’: the party with whom BOIP enters into an Agreement;

BOIP’: ‘the Benelux Organisation for Intellectual Property (trademarks and designs), as referred to in the Benelux Convention on Intellectual Property (trademarks and designs) and its body the Benelux Office for Intellectual Property, address Bordewijklaan 15, 2591 XR The Hague, The Netherlands, telephone number +31 70 349 11 11 and e-mail address info@boip.int;

'Services': the services described on the Website and/or in these Terms and Conditions;

'User': Account User, Account Holder and/or another User of the Website and/or the Information (both a User from one of these categories individually and Users from more than one of these categories jointly);

'Information': the Information made available by BOIP to Users on or via the Website, or within the framework of the Services;

'Agreement': the agreement between BOIP and the Account Holder on which grounds the Account Holder is registered with BOIP and BOIP supplies Services to said Account Holder;

IR’: Implementing Regulations, under the BCIP;

Terms and Conditions’: the Terms and Conditions referred to below, comprising Part A (General) and Part B (Terms and Conditions Governing User Management);

Convention’: Benelux Convention on Intellectual Property (trademarks and drawings or designs; and

"Website": ": the Website of BOIP at www.boip.int including the successive pages.

2. Applicability

2.1 Part A (General) of the Terms and Conditions is applicable to the use of the Website and the Information. Part B of the Terms and Conditions (User Management) is applicable to the registration of the Account Holder, the Account User and the (establishment of the) Agreement. Other sections of the Terms and Conditions apply to the Agreement in so far as it relates to the specific Services described in those sections (and to those Services themselves).

2.2 Tasks which BOIP is commissioned with by the Convention and the accompanying IR, including but not limited to, the registration and the management of the register of trademarks and drawings or designs and the i-DEPOT, are subject exclusively to these regulations (and not these Terms and Conditions).

2.3 BOIP reserves the right to amend or supplement the Terms and Conditions (or individual parts thereof) at any time.

3. Use of Website and Services

3.1 BOIP determines the Terms and Conditions governing the use of the Website and the Services. BOIP cannot guarantee that the Website and the Services will function at all times without any limitations or malfunctions, partly due to essential maintenance and the dependency of the Website and the Services on Internet and technologies which are under development. BOIP’s aim is to resolve any malfunctions and restrictions as quickly as possible and to limit any disruption for Users to a minimum.

3.2 Users will themselves be responsible for the necessary electricity, connections, hardware, software (and the installation thereof), and peripherals and other provisions which enable them to connect to BOIP’s system.

3.3 The Users are not permitted to initiate processes nor allow processes to continue to exist, of which they have a reasonable suspicion that these cause inconvenience to other Users of the Internet or have a detrimental effect on the use of the Website or the Services.

4. Liability

4.1 BOIP is not liable for any damage resulting from or related to:

  1. the use of the Website or the use of electronic resources for communication with the Website or with third parties, including – but not limited to – damage resulting from non-supply or delay in the supply of electronic messages, the interception or manipulation of electronic messages by third parties or by software or equipment used for electronic communication and the transfer of viruses;
  2. Information from Users or from a third party.

4.2 Users indemnify BOIP for claims against BOIP from third parties which are related to Information from these Users or any other use of the Website, the Information or the Services by Users.

4.3 BOIP aims to keep its website as up to date as possible. However, if the information on or content of the website should prove to be incomplete or erroneous, despite these efforts, we cannot accept liability. The information and/or products on this website are offered without any form of guarantee and/or claim to accuracy. We retain the right to change these materials, to delete them or to post them again, without any prior notice.

5. Links with other websites

The Website can contain links to external Internet pages. BOIP is not liable for the use, or the content, of Internet pages to which a link is included on the Website nor of Internet pages which include a link to the BOIP Website. The Privacy Policy and the Cookie Policy do not apply to personal data which is collected and processed on or via these external websites.

6. Property rights

Unless indicated otherwise on the Website or in the Terms and Conditions, all rights, including copyrights and other intellectual property rights, relating to the Website and the Information rest with BOIP. Users may consult the Website and the Information and make copies thereof for their own use, for example by printing or saving. Any other use of the Website or the Information, for example the saving or reproducing of (part of) the Website in another Internet page or the inclusion of links, hyperlinks or deeplinks between the Website and any other Internet page, is not permitted without the explicit permission of BOIP.

7. Privacy Policy

7.1 The Benelux Office for Intellectual Property (BOIP) is the executive body of the Benelux Organisation for Intellectual Property. This is an international organisation with a national and international legal personality, with its registered office in The Hague, Bordewijklaan 15. As part of the execution of the Convention and the IR, BOIP collects personal data in relation to its Users. BOIP is responsible for processing these data.

7.2 The data which BOIP collects is data such as name, address, postal code, place of residence, position, telephone number, fax number, bank account and/or credit card details and salutation. BOIP uses the data on behalf of the execution of agreements with Account Holders and on behalf of the execution of BOIP’s public task pursuant to the Convention which includes, but is not limited to, the registration and the management of the register of trademarks and drawings or designs. The details of account holders who are also holders of at least one Benelux trademark right or design right are displayed when providing details for a new My BOIP account in order to avoid the creation of multiple My BOIP accounts for a single Account Holder. The data is also used to maintain contacts with people who are registered with BOIP (including Account Holders) and to inform said persons by post or e-mail of new developments relating to BOIP or the Services or relating to (new) products or services which BOIP provides. If the receipt of such e-mail notification is not desired, the recipient may opt-out by using the opt-out link at the bottom of the e-mail. By providing information and data to BOIP, Account Holders expressly agree to the processing and inclusion of personal data in the public (online) registers of trademarks and drawings or designs which has to be referred to in these registers on the grounds of the Convention and the accompanying IR. These registers are publicly accessible and can be consulted worldwide at no cost. Personal data which, on the grounds of the Convention and the IR, has to be referred to in the BOIP register are made available to third parties, in particular trademark offices, exclusively for the execution of research, trademark monitoring services and online research into the presence in the register of specific trademark registrations or trademark applications. The purpose of this is to provide the public with adequate information about the existence of Benelux trademarks and drawings or designs, as well as to improve the protection of Benelux trademarks and drawings or designs.

7.3 Users whose data are processed have the right to request access to these data and, if the data are incorrect or incomplete, the right to have the data corrected or deleted. Users them self may change their personal data in their Account.

7.4 BOIP has taken appropriate technical and organisational measures to protect personal data against loss or against any form of unlawful processing. Taking into account the state of the art and the costs of the implementation, these measures guarantee an appropriate level of security in view of the risks involved in the processing and the nature of the data to be protected.

7.5 The information collected will, in principle, only be processed and/or consulted by BOIP staff or by authorised persons acting on BOIP’s instructions.

7.6 If there are any questions regarding this regulation, please contact our organisation by emailing our Data Protection Officer at: dpo@boip.int

8. Cookie Policy

8.1  BOIP will use cookies to collect information about the use of the website. Cookies are small text files which a Website sends to the visitor’s Internet browser and which are then stored on the hard drive of the visitor’s computer. This enables the Website to recognise visitors when they return and to generate statistical data on the Website’s use. Password cookies are used to direct visitors as quickly and as simply as possible to their own personal pages. Other cookies are used to tailor the Website more to the visitors’ needs and to make it more user-friendly. Cookies are valid for 30 days. Visitors can set their browsers in such a way that they are notified whenever a cookie is installed or that the collection of cookies is not possible. However, this setting will result in a limitation of the use of the site’s features. The storage and passing on of data via the Website is safeguarded by the techniques currently being used on the Internet.

8.2 All visitors are entitled to request access to this data and, if the data is incorrect or incomplete, are entitled to have the data corrected or deleted. This can be done by sending an e-mail to dpo@boip.int

9. Final stipulations

9.1 If the Terms and Conditions are or become partially invalid, the parties will still be bound by the remaining valid part. The parties will replace the invalid part with stipulations which are valid and whose legal effects, given the content and the purpose of the Terms and Conditions, correspond as much as possible with those of the invalid part.

9.2 The Terms and Conditions are subject exclusively to Dutch law. All disputes which arise in connection with the Terms and Conditions, including disputes over the existence and the validity thereof, will be settled by the competent court in The Hague.

B. Terms and conditions governing User Management

1. Definitions

The terms defined in this part B of the Terms and Conditions have the meanings attributed to the same terms in Part A.

2. Applicability

2.1 Without prejudice to the applicability of Part A (General) of the Terms and Conditions, this part B (User Management) of the Terms and Conditions applies to the registration of the Account Holder, the Account User and the (establishment of the) Agreement.

2.2 In the event that the Agreement is terminated, the Terms and Conditions in this Part B (as a supplement to the Terms and Conditions in Part A) will continue to govern the relationships between BOIP and the User in so far as this is necessary with regard to the settlement of the obligations outstanding at the time at which the Agreement is terminated.

2.3 BOIP reserves the right to amend or supplement this Part B of the Terms and Conditions at any time. If possible, BOIP will inform Account Holders about the changes or supplements to this Part B on the Website at least 30 days before they take effect. Changes or supplements will also apply to Agreements which exist at the time of the changes or supplements. If an Account Holder has not terminated an Agreement before the changes or supplements take effect, the User will be regarded as having accepted the changed or supplemented Terms and Conditions.

3. Establishment, term and termination of the Agreement

3.1 An Agreement is established as follows:

  1. an Account Holder requests Services on the Website;
  2. the Account Holder is asked to register on the Website in order to acquire access to the Services;
  3. after the Account Holder has complied with all the Terms and Conditions imposed by BOIP, the Account Holder will receive an e-mail as confirmation of the registration;
  4. an Agreement is concluded at the moment on which the confirmation referred to under (iii) is sent.

3.2 An Agreement is entered into for an indefinite period of time. Both the Account Holder and BOIP can terminate the Agreement with immediate effect at any time and without having to state reasons (the Account Holder can terminate the Agreement in its My BOIP Account). The termination can apply to an Agreement as a whole or just its application to a certain category of Services.

3.3 Termination of (part of) the Agreement in accordance with Article 3.2 above does not prejudice the obligation to fulfill any outstanding obligations. BOIP is not obliged to fulfill outstanding obligations if (i) the Account Holder is in default regarding payment, or if the Account Holder has (partially) failed to comply (properly) with one or more of its obligations vis-à-vis BOIP, (ii) the Account Holder uses the Website or a Service for a purpose other than for which the Website or the Service is intended or in a way which contradicts third party rights, or which is unlawful vis-à-vis third parties, (iii) the Account Holder files for bankruptcy, is granted a suspension of payments, is placed under tutelage or under administration, or if it is plausible that the Account Holder will not comply with any other of its obligations vis-à-vis BOIP, or will not do so properly or in full.

3.4 Once an Agreement has been concluded, the Account Holder will be entitled to dissolve the Agreement, free of charge, within 7 days of the date on which it was drawn up. The Account Holder can dissolve the Agreement via its My BOIP Account.

4. Obligations Account Holder

4.1 The Account Holder guarantees that the data issued to BOIP within the framework of (entering into ) an Agreement (including the registration) or the Services is correct, complete and up-to-date. BOIP reserves the right to reject incomplete registration requests.

4.2 An Account Holder must check the correctness and the completeness and its data regularly and supplement or change it itself in its My BOIP Account. The Account Holder guarantees the correctness of the data of its Account Users.

4.3 On the basis of the data that the Account Holder issues to BOIP, the Account Holder receives a login name and accompanying password. Each Account User designated as such in the My BOIP Account will  receive a personal login name and accompanying password. Passwords can be changed in the My BOIP Account.

4.4 The Account Holder’s password is transferable. In the event that an Account Holder transfers its password it will immediately inform BOIP as to whom the password has been transferred. An Account User’s password is strictly personal and non-transferable. The Account Holder and the Account Users must take good care of their passwords, keep them secret and save or store them in a safe place. The Account Holder and the Account Users must immediately notify BOIP of any loss, theft or (the suspicion of) abuse or improper use of a password by a third party. Until the time of the notification, the Account Holder and the Account Users are liable for all damages resulting from use of the password.

5. Responsibility for Account Users

5.1 The Account Holder guarantees that each Account User is authorised on behalf of the Account Holder to act regarding the Services.

5.2 Each action carried out using any login name or password BOIP has issued to an Account Holder (including those with respect to Account Users) is regarded as an action carried out by the Account Holder and is binding vis-à-vis the Account Holder. Any action carried out by BOIP vis-à-vis a User of a login name or password BOIP has issued to an Account Holder (including with respect to Account Users), is regarded as an action vis-à-vis the Account Holder.

5.3 The Account Holder guarantees that Account Users observe the obligations pursuant to the Agreement and the Terms and Conditions.

6. Fee and payment

The fee payable to BOIP within the framework of the Agreement and the Terms and Conditions relating to the payment of said fee are laid down in the Terms and Conditions which apply to the Service in question. Account Holders (and Users) are not charged a fee simply for registering with BOIP.

7. Liability

7.1 Without prejudice to the provisions of Article 4 of Part A of the Terms and Conditions, BOIP is not liable for any damage resulting from, or related to:

  1. the refusal of a request by an Account Holder on the grounds of Article 4.1 of this part of the Terms and Conditions;
  2. deficiencies on the part of BOIP as a consequence of incorrect or incomplete data from the Account Holder or Account Users;
  3. information originating from the Account Holder or an Account User.

7.2 The Account Holder indemnifies BOIP against claims from third parties which relate to information from the Account Holder or its Account Users.

7.3 If it transpires that BOIP has imputably failed in the fulfilment of its obligations vis-à-vis an Account Holder, it will only be liable vis-à-vis that Account Holder for direct damage, which exclusively means the damage caused directly to items (which does not mean software or computer systems) of the Account Holder and costs for the restoration of data submitted to BOIP. The above-mentioned liability is restricted to a maximum amount equal to the amount that BOIP has received for supplying the Services in question. Direct damage does not cover any damage other than the above-mentioned damage. BOIP is not liable in other way, on whatever account, for damage which the Account Holder suffers through use of the Website or in connection with the Services.

7.4 None of the liability restrictions referred to in this article apply if and in so far as the damage is the consequence of intent or deliberate recklessness on the part of BOIP.

8. Final stipulation

BOIP is entitled to transfer rights and obligations on account of the Agreement (including the Terms and Conditions) to a third party, without permission from the Account Holder. The Account Holder is not entitled to transfer (any) rights and obligations pursuant to the Agreement (including the Terms and Conditions) to a third party without permission from BOIP.

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