Address of Service
European Foundation for Cluster Excellence
Registered No (Spanish NIF): G63214001
VAT Number: ESG63214001
2. UseR ObligationS
User represents and warrants that he or she is at least 18 years of age and possesses the legal right capacity and ability to enter into the agreement with The Foundation to which these Terms apply ("this Agreement") and to use this Website in accordance with these Terms. User agrees to be financially responsible for all use of this Website (as well as for use of User's account by others, including without limitation minors living with User). User agrees not to assign, transfer or sublicense User's rights pursuant to this Agreement. User may allow other members of User's organization to use this Website under User's name or account, provided that User hereby agrees to pay all charges that they incur and to be responsible for all other aspects of their usage. User agrees to supervise all usage by minors of this Website under User's name or account.
User shall not reproduce, use, block, overwrite, copy, distribute or monitor any content of the Website by using any robot, spider, search engine or any other automatic mechanism without prior written consent of The Foundation. User shall not take any action that will or could impose an excessive or disproportionately load on Website infrastructure. User agrees that the information featured in this Website shall be used only to make legitimate assessment or purchases of trainings for User or for another person for whom User is legally authorised to act. User agrees to abide by the applicable terms or conditions. User shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this Website, other than taxes on revenues thus accruing to The Foundation.
3. Intellectual Property Rights
This Website is owned by The Foundation and operated by The Foundation and/or its suppliers. The intellectual property rights, including the copyrights, in the material contained in this Website and any The Foundation trade marks and brands included in that material belongs to The Foundation and/or its licensors and/or its suppliers.
No material, information, software, products or services obtained from this Website may be modified, copied, displayed, performed, licensed, reproduced, republished, uploaded, posted, transmitted, sold or distributed in any way, without the prior written permission of The Foundation, except that User may download one copy of the material on a single computer for User's own personal non-commercial use only, provided User keeps intact all accompanying copyright and other proprietary notices.
4. False European Foundation for Cluster Excellence’s e-mails
Did you receive an email about a training that you did not research or register for? Or did you receive a message that in any other way looks like a fake email to you? This may be an attempt to retrieve your personal information (also known as phishing), infect your computer or encourage you to join a fake lottery or contest. Fake emails can look just like real European Foundation for Cluster Excellence emails
Such messages you can recognize by:
- the lack of a personal salutation
- urgent request to answer
- poor grammar and spelling mistakes
- a link to an unknown web address
The Foundation will only send you 3 types of messages:
- Commercial messages: these emails inform you about trainings available for registration or special events, as well as new services provided by The Foundation. You only receive these emails after signing up. You will never be asked any personal details in response to these emails. You will be redirected to the Foundation website to complete any actions.
- Information about your training: if you registered a training, you may receive an email asking you to provide certain details required by the Foundation or the authorities. We will also send you an email reminding you to read specific materials or take some actions before the training. These emails always contain some information you will recognise. You will be redirected to the Foundation website to complete any actions.
- Foundation’s messages inviting you to take part in a Foundation survey: for instance your ‘Feedback on the training professors’. These messages always contain a link to the survey.
Examples of fake emails
Unfortunately many fake emails are being sent at the moment which give the impression to be sent by The Foundation. This is not the case. For example:
Mails sent by firstname.lastname@example.org are not from The Foundation and contain a content that is not initiated by The Foundation. The links in the type of email redirect to websites which are not from The Foundation.
On social media you may also be faced with misleading campaigns, offering free trainings or trainings at reduced fares. We strongly advise you not to respond these campaigns that were not published on The Foundation’s verified social media accounts. In case of any doubt, please contact us at www.twitter.com/ClusterExcel or www.linkedin.com/in/clusterexcellence/.
How to treat fake Foundation emails
We recommend not responding to this email, to not click on any links or open any attachments and to provide no personal information.
Let us know!
Please send the original email as an attachment to us via: email@example.com
5. Liability Disclaimer
The information, software, products, and services published on this Website may include technical inaccuracies or typographical errors. The Foundation and/or its suppliers make no representations about the suitability of the information, software, products, and services contained on this Website for any purpose. All such information, software, products, and services are provided "as is" without warranty of any kind. The Foundation and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall The Foundation and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website or with the delay or inability to use this Website, or for any information, software, products, and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise.
The foregoing does not apply in the event of willful misconduct or gross negligence on the part of The Foundation and/or its suppliers.
6. Exchange rates
The prices stated on the The Foundation website are shown in one specific currency (in most cases Euros or USD). If the payment currency is different from the currency charged to your credit or debit card, the bank issuing the card will convert the rate. The Foundation cannot be held liable for this conversion.
If you have chosen to pay in a currency other than the original currency on The Foundation website, the institution issuing your card may still charge a fee. This depends on the country and bank. These fees are called ‘overseas charges’ or ‘cross-border charges’ and are not related to exchange rates. These fees are also charged by the card-issuing institutions responsible for the currency conversions. This is an agreement between the card-issuing institution and the cardholder. Consequently, The Foundation cannot be held liable for these fees.
7. Links to Third Parties' websites
This Website may contain links or references to or parts of other Internet sites maintained by third parties. The Foundation does not operate or control in any respect any information, products or services on such third party sites. Third party links and references are included solely for the convenience of users, and do not constitute any endorsement by The Foundation and/or its suppliers. User assumes sole responsibility for use of third party links and references.
Any third party that wishes to establish links to this Website should notify The Foundation of their intention prior to doing so. The Foundation reserves the right to deny permission for any such links to this Website. If however The Foundation gives its permission for any such links, The Foundation is not under any obligation to establish reciprocal links with the third party.
As a condition of use of this Website, the User agrees to indemnify The Foundation and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of this Website.
9. Modification of These Terms
The Foundation reserves the right to change these Terms at any time. User is responsible for regularly reviewing these Terms that are on a continuous basis put at the disposal of the User by including them in this Website. Continued use of this Website following any such changes shall constitute the User's acceptance of such changes.
The Foundation reserves the right to make and have made any and all changes to this Website at its sole discretion without notice to the User. The Foundation reserves the right to at its sole discretion denies access to this Website to anyone at anytime.
These Terms refer only to the use of this Website. This Agreement shall be deemed to have been made in Barcelona, Spain and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of Spain, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the courts of Barcelona, Spain for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists or arises between the User and The Foundation as a result of this Agreement or use of this Website. User agrees not to hold himself or herself out as a representative, agent, or employee of The Foundation and that The Foundation will not be liable for any representation, act or omission of the User. Throughout this Website the terms "partner(s)" and "partnership(s)" are used to refer to individual marketing or co-operation agreements and not to any relationship which has specific legal or tax implications. The Foundation cannot therefore accept any liability for the conduct of these partner organisations.
The Foundation's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of The Foundation's right to comply with law enforcement requests or requirements relating to the User's use of this Website or information provided to or gathered by The Foundation with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between User and The Foundation with respect to the use of this Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Version: May, 2018