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Important: Please read the below carefully before accessing the services described. In clicking ‘I have read and agree to the terms and conditions’ as part of registration you will be deemed to have read, understood and agreed to these terms, which will form a binding agreement between you and FSC IC. If you do not understand this agreement, please contact your local FSC representative for assistance. USER AGREEMENT A. Terms & Conditions I. Definitions 1. “FSC AC” stands for the Forest Stewardship Council A.C. with its registered office in Calle Margarita Maza de Juárez # 422, Col. Centro, 68000 Oaxaca, Oaxaca, Mexico. FSC AC is an international Not for Profit membership organization established to promote responsible management of the world’s forests. FSC AC has developed the FSC Certification Scheme and the related FSC Accreditation Program. 2. “FSC IC” stands for the FSC International Center GmbH and is a wholly owned German Not for Profit with limited liability company of FSC AC, constituted according to German Law: Bonn HRB 12589, with registered office in Charles-de-Gaulle Strasse 5, 53113 Bonn, Germany. 3. “ASI” stands for the ASI - Accreditation Services International GmbH and is a wholly owned German For Profit company with limited liability of FSC AC, constituted according to German Law: Bonn HRB 13790, with registered office in Friedrich-Ebert-Allee 65, 53113 Bonn, Germany. 4. “FSC National Office” stands for a legally independent FSC partner organization endorsed by FSC AC and accredited by the FSC Accreditation Program to promote responsible management of the world’s forests on behalf of FSC AC on a local basis. 5. “FSC National Representative” stands for an individual, accredited by and working for FSC AC and FSC IC on an individual basis and to represent FSC AC on a local basis and to enhance the FSC membership and FSC certification in relevant countries. 6. “CAB” is the abbreviation for ‘Conformity Assessment Body’ and stands for a body (legally independent entity) which is accredited by the FSC Accreditation Program and performs conformity audit services. 7. “FSC Network” stands for FSC AC and all its subsidiaries and affiliates such as the FSC National Offices, FSC National Representatives as well as the CABs worldwide participating in the FSC Accreditation Program and FSC Certification Scheme. 8. “Certificate Holder” stands for a legally independent entity who is certified by a CAB based on the FSC Accreditation Program and the FSC Certification Scheme. 9. “Customer” stands for a individual person or individual Certificate Holder who attempts to register and wants to use the FSC Marketplace. 10. “Third Party” or “Third Parties” refer to a party or to parties which is or are not explicitly named throughout this agreement. 11. “FSC Certification Scheme” is developed by FSC AC to enable independent third-party certification of environmentally responsible, socially beneficial and economically viable forest management as a market mechanism allowing producers and consumers to identify and purchase timber and non-timber forest products from well-managed forests. 12. “FSC Accreditation Program” is operated and managed by ASI on behalf of FSC AC. It includes activities in relation to the evaluation and the Accreditation of a CAB in accordance with all accreditation requirements. II. Introduction These terms and conditions apply to the services available from www.marketplace.fsc.org provided by FSC IC. The Customer agrees to fully comply with the terms and conditions and general principles of the FSC Marketplace. III. Main purpose of the FSC Marketplace 1. Provides an international platform to help FSC stakeholders find partners in the FSC supply chain. 2. Allow certificate holders to find suppliers across international borders. 3. Provides a platform for sharing additional information about a certificate holder such as a company description, their manufacturing capacity and products. IV. General Provisions 1. Using the FSC Marketplace The Customer may not use the websites and services provided by FSC IC if Customer is under the age of 18 or not able to form legally binding contracts. While using the FSC Marketplace, the Customer explicitly agrees not to a. breach any provision stated out herein; b. post, list or upload wrongful, inaccurate or misleading information; c. breach any law or infringe the copyright, trademark or other rights of other Customers or Third Parties; d. distribute or post spam, viruses or any other technologies that may harm the FSC Network or the interests or property of users of the FSC Marketplace; e. copy, modify or distribute rights or content from the FSC Marketplace websites, services or tools or any of FSC AC’s or FSC IC’s copyrights and trademarks. Once the Customer has successfully registered and fully accepted the terms and conditions, the Customer will have full rights to access the information and use the whole content of the FSC Marketplace in accordance with the terms and conditions and any other instruction or direction given by FSC IC from time to time until the right to use is withdrawn and access is suspended or terminated. FSC IC grants to the Customer the right to use the FSC Marketplace with a password provided by FSC IC upon successful registration. The right to use the FSC Marketplace in accordance with these terms and conditions is personal to the Customer only. The Customer agrees to take all reasonable steps to keep his/her password secret. Note: FSC IC will never ask to reveal the password. The Customer is solely responsible for providing, updating, replacing or deleting any of his/her information. 2. Unlawful or unauthorized use of the FSC Marketplace and passwords; infringements In case the Customer becomes aware of, or suspect any unlawful or unauthorized use of the FSC Marketplace or of his/her password, the Customer agrees to give to FSC IC any details in relation to any such use and in the event his/her password is unlawfully used or without his/her authorization, the Customer should immediately change his/her password. Should the Customer find that he/she cannot change the password for any reason, the Customer shall immediately inform FSC IC who will block the password until the matter is resolved. Any possible trademark infringement or misuse shall immediately be reported to the FSC IC using the contact details at the bottom of this document . 3. FSC Marketplace specific terms The Customer agrees to respect other Customers’ privacy and to use information only in accordance with applicable laws and regulations. The Customer accepts sole responsibility for the legality of his/her actions under laws applying to the Customer and the legality of any items the Customer lists on the FSC Marketplace. FSC IC is not responsible to check the information entered to the FSC Marketplace by the Customer and cannot be held responsible for data, descriptions or information which is entered into the website by the Customer with a FSC password about a company, product or other connected activity. Furthermore, responsibility for data associated with certificates is given to the CAB in accordance with existing FSC policies and standards. This certificate data will include any information which is visible on info.fsc.org and select additional information which is not confidential held in the certificate database. FSC IC is not responsible for errors or omissions with respect to certificate data. FSC IC will review the profile and may disable without prior notification if it becomes aware of a misuse or is notified by any stakeholder of FSC. FSC IC will enable the profile after it has been updated by the Customer responsible and has been confirmed by FSC IC as acceptable. FSC IC will not be responsible for sensitive or illegal information or data which is published by a Customer. Such things include libelous comments, negative remarks about other organizations etc. . Abuse, insults or defamatory entries will not be tolerated and the Customer may be banned from the site. FSC IC does not guarantee any specific level of service. FSC IC’s intent is to maintain as far as possible a 24 hour service accessible in all countries around the world for the purposes stated out in Section III. The Customer acknowledges that uninterrupted access to the use of the FSC Marketplace may be prevented by certain factors outside the reasonable control of FSC IC (a "Service Disruption Event") including, without limitation, the in-operation, inefficiency or unsuitability of the equipment and the unavailability, in-operation or interruption of internet or other telecommunication services. Non-performance by FSC IC of its obligations under these terms will not be a breach of these terms where such non-performance results directly or indirectly from a Service Disruption Event. FSC IC does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with any such Service Disruption Event. FSC IC is not responsible and will not be liable for the inaccuracy or incompleteness of any information received by the Customer in connection with data transmission, machine or software error or malfunction or from the Customer’s operating error or which originates from information obtained from Third Parties (other than such inaccuracy or incompleteness arising as a result of FSC IC's gross negligence, fraud or willful default). FSC IC is not responsible and will not be liable for the performance of any Third Party regardless of whether the Customer has made contact with such Third Party via the FSC Marketplace. 4. Incorporation of FSC Certification and Trademark Requirements/Guidelines The FSC Certification and Trademark Requirements in force for a Certificate Holder who/which is also a Customer remain valid and are hereby incorporated and all provisions therein also apply while using the FSC Marketplace. 5. Using information about other Customers The FSC Marketplace enables Customers to share personal and other information. FSC IC cannot guarantee that other Customers will respect the privacy and security of your information and therefore FSC IC encourages the Customer to evaluate the privacy and security policies of potential trading partners before entering into any transactions etc. B. Privacy Policy & Data Usage FSC IC respects and protects the privacy of the Customers. The following Privacy Statement applies to the services that are located in, but not limited to the FSC Marketplace, www.marketplace.fsc.org. The Customer expressly agrees and authorizes the FSC IC to reveal all data entries entered through the registration process and data entered into the system via “My Marketplace” and connected pages to the FSC Network to enhance the credibility and functionality of the FSC Certification Scheme and the related the FSC Accreditation Program. The FSC Network may use this data to create statistical information about the system in general and may publish this information when aggregated. FSC IC may disclose personal information to respond to legal requirements and to enforce FSC’s policies. The FSC IC may share personal and related certificate information with service providers under contract and non-disclosure agreement in place who help the FSC Network’s business operations. FSC IC may also disclose personal and related certificate information to other business entities to provide a data sharing service for the purpose of improving market visibility or to assist FSC AC’s missions and goals to promote responsible management of the world’s forests. FSC IC does not share, sell or rent or anyhow disclose the Customer’s personal information to any Third Party for their marketing purposes or promotional use without the Customer’s explicit consent. Without limiting the above and in respect to the Customers privacy, the FSC IC will not disclose Customer’s personal information to any other party without a court order or substantially similar legal procedure, except when FSC IC believes that the disclosure of information is necessary to prevent physical harm or financial loss or to report suspected illegal activity. C. Miscellaneous 1. Changes to this Agreement FSC IC reserves the right to modify the Terms and Conditions and Policies of this agreement at any time upon its own discretion. The Customer will be informed about changes after any login to the FSC Marketplace and will be asked to accept it again. 2. Termination The Customer may terminate this agreement with FSC IC anytime by notifying FSC IC electronically or in written form using the following contact details at the bottom of this document. Agreements on Confidentiality and Non-Disclosure remain valid. The FSC IC may terminate this agreement with the Customer if (a) it is deemed necessary to maintain the credibility, reputation, good name or any other important asset of FSC IC or the FSC Network and the FSC Certification Scheme and/or (b) if the Customer is in breach of the terms and conditions stated herein. FSC IC reserves the right to close the FSC Marketplace and the services at its own discretion at any time. The Customer will be informed in this event and the existing agreement will thereby be terminated. Agreements on Confidentiality and Non-Disclosure remain valid. 3. Severability Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provisions shall thereby not be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended commercially. The same applies in the case of an omission. 4. Law & Legal disputes Any claim, dispute or matter arising under or in connection with this agreement shall be governed and construed in all respects by the laws of Germany. The parties shall settle amicably through direct negotiations any dispute, controversy or claim arising out of or relating to the present agreement. Any ongoing disputes shall be finally settled according to the Arbitration Rules and the Supplementary Rules for Expedited Proceedings of the German Institution of Arbitration e.V. (www.dis-arb.de) without recourse to the ordinary courts of law. § 1059 ZPO (German Civil Law Procedure) will remain unaffected. The place of arbitration shall be Cologne, Germany. The arbitration tribunal shall consist of one arbitrator. The substantive law of Germany shall be applicable to the dispute. The language of the arbitration proceedings shall be English. D. Contact Information Email: marketplace.fsc.org Postal Address: FSC International Center GmbH, Charles-de-Gaulle Strasse 5, 53113 Bonn, Germany.
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