1.1. Welcome to e-satisfaction, a platform established to provide Services to its Clients (who have become members of the e-satisfaction Platform – hereinafter the “E-Business”) in order to facilitate the creation of trust and customer satisfaction between an E-Business and its Customers (hereinafter the Customers). For this purpose, e-satisfaction provides the necessary “tools” and services to E-Businesses’ for the collection and processing of their Customers’ opinion and data in order to export statistical conclusions related to – indicatively and non-exhaustively – the functionality, safety, aesthetics, prices, product variety of their websites and, in general, conclusions related to their Customers’ satisfaction, as described in detail below.
1.2. The E-satisfaction Platform is owned and operated by “E-satisfaction S.A. Services of Systems in Purchasing Experience Société Anonyme, (hereinafter referred as “e-satisfaction” or the “Platform”), having its registered offices in Athens, 31st Arkadias street, with Tax Identification Number: 800602928, under the Tax Authority of Athens (FAE of Athens), tel. no.: 0030-2118003728, e-mail: firstname.lastname@example.org.
1.3. Registered Users and Registered E-Businesses are jointly called as “Members” of the Platform. When in the present the word “Member” is used this includes both a Registered User or a Registered E-Business, otherwise it is specifically declared if a provision refers to Registered Users or to Registered E-Businesses.
2. OPENING A MEMBER ACCOUNT – RIGHTS OF THE MEMBERS
2.1. In order to use the Services provided by the Platform one has to register as a Member of e-satisfaction and open an Account.
2.2. Every natural person can send a request to become a Registered User of e-satisfaction and to open one or more User Accounts (note however that each e-mail address can open only one account). In order to register as a Member, the interested party should declare at least, the following information: name and surname, E-Business Website/e-shop URL, e-mail address; then he/she should set an access password for his/her account.
2.3. Upon submitting the registration form (application), e-satisfaction will send to the new applicant Member an e-mail in order to authenticate the applicant user’s email. Then the applicant user can confirm the registration by clicking to a link that will redirect him/her to the Platform. The Member should then log into the Platform by using his/her e-mail address and his/her password. It is noted that the submission of the registration form to the Platform is merely an application request. Platform reserves the right to dismiss or to accept any application at its sole discretion. Application is deemed accepted only when the applicant User will receive a confirmation email from the Platform. Notwithstanding the provisions of article 1.5 above, the agreement is effective only when the candidate Member will click the “confirm registration” link mentioned above – This is considered as the Agreement’s Effective Date. If the Member does not click on the confirm registration link, it cannot receive any of e-satisfaction services.
2.4. Thereafter, each User who has become a Member of e-satisfaction may register one or more Ε-Businesses as Members to e-satisfaction and create a different E-Business Account for each one of them. It is mandatory that each E-Business (different URL) has a separate Account in the Platform even if it is owned by the same individual or legal entity. Data are collected and processed per each diverse E-Business (different URL) and not cumulatively. Any E-Business should lawfully own and operate a website/e-shop via a lawful URL – domain name (that it either owns or it has the lawful license to operate).
2.5. In order to open an E-Business Account on behalf of an E-Business and/or to acquire access to an E-Business Account, a Registered User (natural person) must have the legal capacity and power to represent the specific legal entity/E-Business and to proceed with the registration in the Platform. For this reason, any natural person (individual) who is a Registered User of e-satisfaction and wishes to open or have access to an E-Business Account lawfully declares when registering to the Platform that has the lawful power necessary to represent the E-Business and to proceed to all the actions and procedures provided in this Agreement) as well as to accept the present Terms and Conditions on behalf of the E-Business (otherwise he bears the responsibilities referred in Article 8 of Law 1599/86 towards e-satisfaction). In addition, it solemnly declares that he/she has the lawful power to assign to e-satisfaction the provision of all the services as well as the he/she has the authorization to access all the E-Business’ data in the Database (including if necessary any Customer personal data hosted in it).
2.6. In order to open an E-Business Account, the User/Member shall provide, at least, the following information with regards to the E- Shop: information of the legal entity which owns the E-Business (the company name and address), as well as the billing details: the name of the person or the company charged, the object of its business, VAT no., competent Tax Authority and tel. no. When a new Shop Account is opened, e-Satisfaction provides all instructions needed for the installation of the software that manages the display of questionnaires and any other visual elements to dedicated webpage(s) (the “Integration System”) as well as the directions regarding the use of the e-satisfaction services. Only an E-Business Account that is appropriately connected to the Integration System will receive data from the e-satisfaction services.
2.7. The initial Registered User who opens an E-Business Account acquires full access and administrating rights to this Account. These administration rights include among others the following:
i) the right to view and analyze data: he/she can view and process the data that are collected and/or stored in the Database and to use the Dashboard to trigger results and useful information for the E-Business;
ii) the right to edit users: he/she can give (partial or complete) access to other Registered Users in the E-Business Account (as provisioned below in article 3.8.) and he/she can then process their information or delete them
iii) the right to edit E-Business settings: he/she can edit the information of the E-Business (E-Business category, E-Business URL, E-Business logo etc.).
iv) the right to terminate the present Agreement and to delete the E-Business Account.
v) the right to order a specific subscription Service package or other services; payment of the respective subscription fee or any other fee will be always charged to the respective E-Business
vi) the right to collect, store and use data extracted from the questionnaires and/or from any other services provided by e-satisfaction, at its sole discretion
vii) the right to process, amend or delete partially or completely the above data at its sole discretion
2.8. Granting access to another User:
a) The initial Registered User may invite another Users to have access to the E-Business Account too. The initial Registered User decides which of the administration rights (set in article 2.7. above) will be granted to the other User in that E-Business Account.
In order to invite the other User, the initial Registered User should add the full name and e-mail of the User to whom he/she wishes to allow access to the E-Business Account. Then he/she sends to the new user an e-mail to invite him/her:
i) either to open a User Account on e-satisfaction platform in order to gain access to the E-Business Account (if he/she is not already a Registered Member) or
ii)to have access to the E-Business account with his/her password (if he/she is already a Registered Member).
No User can have access to an E-Business Account if he/she is not registered to e-satisfaction.
b) The Registered User who invites another User to have access to an E-Business Account is exclusively responsible to invite each time a competent person that has the lawful power to represent the E-Business. E-satisfaction does not control or cross check this representation power and rights. All Users/Members who gain access and/or administration of an E-Business Account, acknowledge and accept that all data to which they have access, are trade secrets and confidential information of the specific E-Business and/or its Customers; they are under the obligation to keep the confidentiality and commercial secrecy of those data, to refrain from any act which violates unfair competition and/or data protection breach and breach of confidentiality as well as from any other illegal act or omission.
c) e-satisfaction will carry out any order which comes first by the User(s) who have equal administrative rights in an E-Business Account (first come first served principle). No E-Business can dispute an order and any service or payment obligation that derives from an order received by an authorized Registered User on first come first served basis. Any order received from a Registered Member and/or any notification or statement made to e-satisfaction is only valid for the future. E-satisfaction shall bill all the Services ordered by a Registered User to the E-Business he/she has administrative power to represent (at the billing details provided at Registration or to any other details that will be subsequently notified to e-satisfaction via email) regardless of which Registered User (from those who have equal administrative powers) gave the order for the provision of services.
2.9. Registered Users/Members can modify their passwords to their Account at any time and as often as they wish. They are exclusively responsible to retain the secrecy and non-disclosure of their passwords to third parties. For safety reasons, all Members should change their passwords regularly and avoid the use of the same passwords or of passwords that are easily detectable (by using not only letters and numbers, but also, if possible, symbols in order to create their password. In case of loss or leakage the Member should notify directly e-satisfaction in writing (via email at email@example.com) otherwise e-satisfaction is not responsible for the use of the secret password by unauthorized person. The Member itself is responsible for any act or omission occurred in relation to his password up to notifying e-satisfaction. E-satisfaction reasonably relies upon any order received from a specific E-Business Account with the use of an authorized password.
In addition, given that E-businesses Customers’ personal data might be stored in the Account too, Members themselves should also take all appropriate measures to secure those data and protect them against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access as well as any other form of unlawful processing. E-Satisfaction bears no liability whatsoever for any personal data breach that would occur to those data due to failure of the any Member to comply with the above obligations.
3 SERVICES PROVIDED –LICENSES
3.1. E-satisfaction provides its Services to its registered Members either upon payment or for free under the conditions set below.
3.2. In specific all paid Services are provided upon payment of a subscription fee for the term of each subscription (depending on the subscription package selected each time by the Member). A subscription includes the following rights for the term of the specific subscription package:
a) a non-exclusive one user software license for setting up in the E-Business website of the Integration System, viewing and processing the number of questionnaires that corresponds to the subscription package chosen by the Member
b) the provision of any additional Services included in a specific package (if any)
c) a non-exclusive one user license to use, store and process as well as to remotely view and access the Database with data collected from the questionnaires and/or any other e-satisfaction services that are hosted in the Platform. Members can retrieve that information and process (based on the rights they have in each selected Service Package) the elements and data as well as use the relevant results. Please note that:
i) after the term of a subscription package and until the Member purchases a new subscription package, in the Database will appear: only the past history data related to the Member’s activity in the Platform, as well as those data that are personally stored by the Member at its his own free will. However, Premium Services’ data (such as “You vs Market”) are no longer displayed in the Account and will only appear again when the Member purchases a new Premium Services’ subscription package.
ii) if the present Agreement is terminated (from any party and for any reason whatsoever), then the Member ceases to have access to the Database and to his account (see further article 10 below).
3.3. The Platform provides for free to its Members hosting facilities to host and process data (with the limitations set in 3.2. c. i. above) related to the E-Business Customers in their personal Account throughout the term of the Member’s membership in the Platform. Each E-Business is solely responsible to choose which of its Customer data collected while using the Services of e-satisfaction will be stored in the Member’s Database as well as for the term of their storage in the Database and the processing of that data. All members must abide to the strict personal data provisions set throughout the present terms and conditions as well as in the relevant requirements of the data protection laws.
3.4. All evaluation questionnaires are freely pre-drafted by e-satisfaction . Each questionnaire includes more than one question; questions appear randomly to E-Business Customers. The Customer also has the opportunity to leave open text comments if he/she so wishes. Please note that:
a) questions appear as a pop-up window for a short time and are then automatically minimized if the Customer provides no answer within that period of time;
b) if the Customer closes the pop-up window then the question disappears from the screen;
c) e-satisfaction can send follow up questions to a Customer at the e-mail address or mobile/cell phone number that the Member will indicate to the Platform; this service is provided only for those Customers who have already completed a transaction either through the E-Business website and / or through a physical store of the E-Business. The Member bears the responsibility to cease using any of e-satisfaction services for any Customer that addresses to the Member any opposition or rejection with regards to any of the Services provided.
d) e-satisfaction can display a questionnaire to users that have just finished a transaction; this service is provided only for those Customers who have completed a transaction and the space where this questionnaire is be displayed is fully controlled by the E-Business.
e) e-satisfaction can display a questionnaire to users on the moment that they are about to leave the E-Business website/e-shop; this questionnaire too can be closed by the Customer if he/she selects not to respond.
All the above services are subject to the conditions set in article 6.4. below.
3.5. E-satisfaction reserves the right to form at its sole discretion the questions in the electronic questionnaires submitted to Customers in order to extract the statistical results / conclusions for Members. It also reserves the right to formulate, at its sole discretion, the Services offered by the Platform as well as the prices of the subscription packages, their duration, any promotions and discounts offered for the Services at any time and without prior notice. Any changes to the above are applicable as soon as they are uploaded in the Platform (unless otherwise stated by e-satisfaction).
3.6. When an E-Business is registered as Member it has to follow the instructions for the installation of the System Integration (see further article 2.6). Each E-Business is solely responsible for the proper installation of the Integration System as well as to abide by the technical instructions provided by e-satisfaction and to sustain the System’s operation in the E-Business Website throughout the duration of the present Agreement. E-satisfaction bears no responsibility for any failure in properly providing the Services due to inadequate or poor installation or maintenance of the Integration System.
3.7. The initial Registered User should have access to the code of the Website of the E-Business as well as the right to make the necessary settings in the Website code to install the Integration System that runs the e-satisfaction questionnaire.
3.8. Any Registered User that has the appropriate administration rights can suspend the functioning of or completely remove the Integration System from the E-Business’s website at any time. However, e-satisfaction will not be able to perform its services if the operation Integration System is suspended or removed. In that case, no refund of any amount paid for the provisions of the services will be owed. In any case, it is clear that provided Services are not refundable under any circumstance and for no reason.
4 SERVICE PACKAGES & PAYMENT
4.1. All services are provided subject to an order received by a Registered User. Each Registered User can choose to receive any of the services offered in the Platform; he/she also chooses which of his/her Customer personal data will be used in the provision of the Services and/or stored in the Account under the conditions set in article 6.4. E-satisfaction acts solely as the data’s Processor under the orders received by the Registered Member that has the right to act as the Controller of the E-Business Data.
4.2. Each Member can choose each time one of the available subscription service packages. E-Satisfaction reserves the right to change the service packages and the applicable charges at any time without prior notification of the Members. New service packages will be applicable for the future. Currently, the available service levels are described in the following images
The above mentioned service levels are combined with different volume service packages, based on the number of transactions in which a client reviewed his/her experience from the E-Business. The currently available combinations of service level – volume packages are described in the following image:
4.3. Paid Services are provided on condition that a subscription package is paid by an E-Business. Regarding payment the following is applicable:
i) When an E-Business is registered as a Member, e-satisfaction offers a free period of trial of all available functionalities for 30 days on condition that the E-Business has completed the installation of the Integration System.
ii) Each package includes a specific volume/number of services; this volume is the maximum number of services that can be used by the Member for the specific package. The charge remains the same regardless if the Member uses all the services included in a package or not within the term of the relevant service package. The fees paid for a specific term included in a package are neither refunded nor credited for later time.
iii) In case that an E-Business wishes to upgrade to another subscription service package before the term of the previous package, then it shall first pay the remaining amount for the upgraded new package. In case that an E-Business wishes to downgrade to another package before the term of the previous package, e-satisfaction shall continue to provide the services included in the initial package for the remaining term of the previous package and then provide the services for the new package; no money shall be returned to the Member.
iv) data and analysis are provided per Service and concern data collected during each subscription service package. Members can choose to store those data in their Database and/or download them in their systems and/or delete them at any time under the limitations and the conditions set in article 3.2. c
v) E-satisfaction can use subcontractors and/or other associates to provide part or the whole of the Services. Members should inform their Customers in relation to the processing of their data from e-satisfaction and/or its subcontractors for the purposes related to the service of e-satisfaction
4.4 An E-Business can choose one of the following payment methods:
4.4.1. Payment by credit/debit card: In case a Member opts to pay by credit/debit card, he/she will be entering to a safe payment environment. E-satisfaction has as its ultimate goal to achieve the maximum transactional guarantee. In this context it shall co-operate with payment service providers (if so requested by the payment service provider and to the extent permitted by law) when the payment service provider conducts a security check of the payment information provided by the Member. Payment with a credit/debit card could be rejected on security grounds (even if the credit/debit card’s balance is valid). However, no credit/debit card data are collected, processed or stored by e-satisfaction! Only payment service provides have access to and process any payment details. In any case by entering the credit/debit card data details for payment, each Member guarantees to e-satisfaction that he/she is the rightful owner or beneficiary of the specific credit/debit card.
4.4.2. Payment with cash deposit to one of the following bank accounts
Piraeus Bank Account No.: 5048-073083-053 ΙΒΑΝ: GR09 0172 0480 0050 4807 3083 053 SWIFT – BIC: PIRBGRAA
Member should send the deposit slip scanned to firstname.lastname@example.org
Please note that the Services will not be provided before e-satisfaction receives the deposit slip by fax or by email.
4.4.3 Standing order: A Member can pay for a subscription fee with a standing order on a monthly basis. A standing order is governed by the terms and conditions of the Member’s payment provider; hence a standing order can be processed and or terminated as provided by the competent payment provider.
4.5. E-satisfaction provides its paid services only subject to prepayment of the corresponding subscription fee by the Members. E-Satisfaction trades in only with its Members and by no means does it transacts or gets paid from the Customers of the E-Businesses.
5 RESTRICTIONS REGARDING THE ACCESS AND USE OF THE PLATFORM & SERVICES
5.1 Members are connected to the Platform and are using the Services via providers and means of their free choice. Members are committed to act in legal ways without damaging e-satisfaction’s reputation or taking advantage of it. Members should not imply in any way any form of association, approval or seal of approval from e-satisfaction’s part. This Platform as well as the Integration System must not be sub-licensed (with or without remuneration) to any third party nor be used by any other E-Business (but from the one that owns the specific Account in the Platform). Further it is not allowed to any Member to allow access in part or in whole in this Platform to a third party (but to the ways specifically described in the present Terms and Conditions). E-satisfaction reserves the right to withdraw licensing permission from any Member without prior notice.
5.2. Each Member is obliged not to misuse the Services, the Platform and/or any features provided in it (i.e. Database, Integration System etc.), hinder or interfere in any way to their operations or replace or modify the content. Members should refrain from committing or encouraging any criminal offence, transmit or distribute viruses, or post any other malicious or technologically harmful material. Also Members should abstain from committing any actions that can lead to unacceptable or extensive damage to the infrastructure or operation of the Platform and the Services. Furthermore, Members should not use the Platform and the Services in breach of confidence, privacy, or in any offensive or obscene way and in general in any illegal way.
5.3. In addition, Members should not corrupt any data, cause annoyance to other Members and/or Customers, violate any other person’s proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as “spam”, or attempt to influence the performance or functionality of the Platform.
5.4. E-satisfaction reserves its right to report any breach coming to its attention to the relevant law enforcement authorities under the conditions laid down in the applicable laws of Greece.
6.1. Registered Users’ Personal Data: E-satisfaction collects and processes the data of the registered Users with the sole purpose to enable the provision of the Services upon Member’s request. Each User is responsible for the truth, accuracy and updated information provided to e-satisfaction at its sole discretion.
E-satisfaction fully respects the existing legislation in relation to the protection of personal data of individuals who are its Members. All the data collected by its Members are necessary, relevant and appropriate for the performance of the provided Services and to execute the Agreement between Users and e-satisfaction. By filling in and registering his/her personal data, each Registered User provides its consent for the processing of his personal data e-satisfaction for the purposes of the present contractual relationship between e-satisfaction and the Registered User (namely the provision of the Services from e-satisfaction).
6.2 Any Member’s information provided at registration will be considered as valid; e-satisfaction does not check any of the data provided by the Members at registration or in any other occasion thereof. E-satisfaction shall be dismissed from any and all liability regarding communication obligations if it uses the information provided by the Member, even if it that communication is delivered due to incorrect data or due to technical failure (that is outside the control of e-satisfaction) or due to subsequent change of data (since it is not timely notified).
6.3. Each individual Registered User has the legal right to information according to Article 11 of Law 2472/1997, the right of access to data according to Article 12 of the same Law as well as the right to raise any objections for the process of the data relating to it, according to Article 13 of Law 2472/1997. E-satisfaction does not announce any personal data to any third party other than: i) those data related to the execution and clearing of electronic payments performed by trusted partners – payment service provides financial institutions who follow all appropriate procedures of security for safeguarding the information and ii) to company’s subcontractors and those data which are absolutely necessary for the provision of the Service to the Members to the companies that co-operate with e-satisfaction.
6.4. Collection and processing of Customers’ personal data:
i) Members shall disclose to e-Satisfaction their Customers’ personal information under the conditions set in the present article. Part of this data will be collected directly by the Customers (when filling in the questionnaires) and part by the Member at its sole discretion. Members declare that they have collected all personal data that are disclosed to e-satisfaction using lawful means; e-satisfaction shall use those data solely within the course of providing the services ordered by a Member and under the assumptions referred to in article 9.4.
iii) Members should disclose to e-satisfaction only those Customer personal data that would be necessary, relevant and appropriate for the provision of the Services. In addition, Members are responsible to maintain those data correct, precise and updated at all times. In case of a subsequent change in any of this information, the Member shall respectively inform e-satisfaction via email (email@example.com). Further, E-Business should inform their Customers for their rights under data protection law (according to Article 11 of Law 2472/1997, the right of access to data according to Article 12 of the same Law as well as the right to raise any objections for the process of the data relating to it, according to Article 13 of Law 2472/1997) and is responsible to refrain from using in the provision of the e-satisfaction services the data of those Customers that have objected to it.
iv) Each E-business should also adopt a lawful Cookies Policy; “Cookies” are small files with information that a website (specifically the web-server) stores in a user’ s computer, so that each time that the user is connected to the website, the website retrieves this information and offers to the user services related to them. Cookies we use are absolutely necessary for the technical operation and the function of the Services in the E-Business website. Members bear full responsibility to inform their Customers regarding the use of e-satisfaction cookies (third party cookies) for the purposes of providing the services that related to customer satisfaction as well as to receive their consent, further to the applicable rules. It must be pointed out that if those cookies are not installed to a browser it is very likely that the e-satisfaction services will not function properly. The Customer has always the right to recall his consent and deactivate the setting for cookies by erasing them from the browser.
Internet Explorer http://windows.microsoft.com/en-GB/windows7/How-to-manage-cookies-in-Internet-Explorer-9
v) E-satisfaction is only the Processor of the Personal Data of the E-Business’ Customers (under the conditions set in articles 9.2 and 9.4 below; personal data shall be processed by e-satisfaction solely within the course of the instructions received by the Member for the provision of the Services ordered. Company declares that it has the lawful rights to assign to e-satisfaction the provision of the Services in relation to its Customer’s Personal Data. The present Agreement constitutes a written contract between a Controller and a Processor within the meaning of the law.
vi) E-satisfaction shall not use or in any ways process Personal Data for any other purpose except to execute the Services instructed by the Company. All Personal Data is and shall remain the exclusive property of the Company (clientele of the Company). E-satisfaction does not obtain any rights over that Personal Data but to act as the Processor within the course of its Services.
vii) E-satisfaction uses persons with appropriate professional qualifications providing sufficient guarantees in respect of technical expertise and personal integrity to ensure confidentiality of the processing of personal data. E-satisfaction may appoint third party data processors (subcontractors) to deliver part of the services always in in accordance with the Member’s instructions. E-satisfaction shall not disclose Personal Data to any recipient or third party except a) to those subcontractors that would be appointed for the provision of the Services, on condition that those partners too would be bound with the same obligations as the ones set in the present agreement and b) if it is legally required to be disclosed in order to comply with applicable laws or governmental regulations (to the extent and under the conditions set in the law). E-satisfaction shall take reasonable measures to protect the security and the secrecy of personal data and to avoid disclosure, unauthorized use, breach, loss, or prevent other illegal activity over the Personal Data. Without limiting the foregoing, e-satisfaction shall take at least those measures that it takes to protect its own confidential information of a like or similar nature and shall report to the intended Member any actual or suspected breach of the security or the secrecy of the personal data. In case of any breach of the present clauses the limitations of liability set forth in article 9.5. apply.
6.6. Confidentiality of data collected on behalf of the Members of e-satisfaction – permission for publishing reviews based on statistics and confidentiality of the Customers’ personal data
a) All data collected by the questionnaires are considered as the E-Business’s trade secrets and reasonable steps are taken by e-satisfaction to protect and safeguard their confidentiality. All information sent or stored to e-satisfaction is managed exclusively by special authorized personnel of e-satisfaction who act only upon relevant orders form a Member. E-satisfaction adopts at least those measures that it takes to protect its own confidential information of a like or similar nature and shall promptly report to the Member actual or suspected violation of the provisions of the confidentiality agreement annexed to the present Terms and Conditions. In case of any breach of the present clauses the limitations of liability set forth in article 9.5. and 9.7
b) notwithstanding the above, the Members hereby acknowledge and provide a license to e-satisfaction to publish and post in public general reviews or comparative statistical data, aggregated data of E-Business by business field/category as well as to provide comparative results between one E-Business and the respective E-Business by business field/category which are registered to e-satisfaction, as provided in value added Services’ packages like for instance “You vs Market”. Such data are updated only for any E-Business that subscribes to value added service packages and only for the term that this subscription lasts.
c) e-satisfaction reserves the right to disclose its co-operation with the specific E-Business that have opened an Account in the Platform. For this purpose, the Members provide the license to e-satisfaction to disclose the marks/logos/trademarks of the E-Business. This license is perpetual, free and global and may be withdrawn only for the future and only upon receipt of an email retrieving that license to e-satisfaction from anyone that has authorization for this.
d) In any case are not considered as confidential information and trade secrets information related to the above that:
– is in the public domain at the time of disclosure or becomes generally known or available by publication, commercial use or otherwise through no fault of e-satisfaction;
– is approved for release by written authorisation of the Members (like for instance in point b above) and
– information which is disclosed by operation of law.
6.7. Members too should control at all times who has access to the data stored in the E-Business Account and should take all appropriate measures regarding restricting access to unauthorized persons; especially (but not exclusively) when a Registered User invites other Users to have access and administrative rights to the Account he/she bears the personal liability to invite appropriate and competent persons who have the lawful right to have access to all data stored in the Account. E-satisfaction is not liable for any unlawful act on the data from any person who had access to the Account.
6.8. E-satisfaction is not responsible in case that its contractual or legal obligations towards any Registered User or E-Business are not fulfilled properly and on time due to the use of incorrect or outdated data (either those of a Member of an E-Business Customers’) provided by the Member.
7.1. E-satisfaction provides its Services through the website www.e-satisfaction.com which is its official website. All Intellectual property rights of any software used by the Platform, of the Services provided, of the content of the Platform and of the questionnaires belong either to e-satisfaction or to the rightful owners and are protected by the applicable legislation on intellectual rights. E-satisfaction exclusively owns the software which manages all the Services as well as the Database, to which each Member has access during his registration as a Member. E-satisfaction has the right to update its software and/or opt to improve the service level provided at all times; Members should co-operate with e-satisfaction and take all the necessary measures to upgrade the Integration Systems when notified by e-satisfaction, following the relevant instructions at their own cost.
7.2. All data extracted while providing the Services belong to the registered E-Business (but to those data and analysis that can be views only while the term of a specific service package lasts i.e. “You vs Market”). Moreover, it is specified that all Customers’ personal data is and shall remain the exclusive property of the Member (its clientele), as e-satisfaction does not obtain any rights over that personal data but merely acts as Host Provider (for data stored and the Database) and/or Processor within the course of its services. In case that for any reason the Member wants to retrieve all data from the Database, it can do so at any time by using the mechanism provided by the administration system. However, the Member bears the responsibility of proper completion of this procedure. E-satisfaction is not obliged to deliver such data to the Members, but to only display them to the Database during the registration of the Member (for some premium Services, such as “You vs Market” only for as long as each Subscription Service Package lasts). It is highlighted that the Member must keep at times security copies (back-ups) of the data by retrieving them from the Database.
7.3. It is expressly forbidden to distribute, copy in total or partially, transfer, exploit, republish, modify or reproduce the Services as well as subleasing for any exploitation thereof by the Members. It is also forbidden to modify, translate, decompile, rebuild or create derivative works of the Services offered by e-satisfaction.
7.5. E-satisfaction does not guarantee the accuracy or reliability of any information or content of third parties which are referred through hyperlinks from e-satisfaction.com or to which e-satisfaction.com provides access.
8 TERMINATION –ACCOUNT CLOSURE – SUSPENSION OF SERVICES
a) each Registered User may request the termination of present agreement at any time without cause and may request the closure of either his/her personal User Account or the closure of an E-Business Account (on condition that the User has such an administrative right in that Account). The Registered User should send a termination request to e-satisfaction at firstname.lastname@example.org. The Registered User should specify which Account is terminated/closed (otherwise only its principle User Account will be terminated, all other Accounts shall remain open in the Platform – unless otherwise instructed in writing). Termination will be valid immediately upon receipt of the e-mail. Services are no longer provided from the date of receipt of the termination e-mail. Any amount already paid for any outstanding subscription package Services will not be refunded (in any case that amount will be kept by e-satisfaction as a reasonable penalty for termination without cause).
b) E-satisfaction is entitled to request the termination of the co-operation with a specific Member for a specific Account (User or E-Business Account or both) at any time by sending a termination e-mail to the email address that was declared by the Member at registration. Termination shall be valid within 3 working days from the delivery of the e-mail (the parties agree that delivery date is the day when the e-mail comes to the receiver’s inbox, regardless of the actual reading date).
c) it is specified that the Agreement is not Terminated and the Account is not closed when a Member erases all the data contained in an Account. The Account remains open and the Member can use new e-satisfaction service packages.
d) in case that the present Agreement is terminated for any reason the Account is closed and, therefore, the Member has no longer any access to the data of his Account. For that reason:
i) if the Agreement is terminated by the Member, then the Member should take all prudence to download and/or save any data he/she wishes to store/keep even after the closure of his/her Account prior to sending the termination e-mail
ii) If the Agreement is terminated by e-satisfaction the Member has 3 working days to download and/or save any data he/she wishes to store/keep even after the closure of his/her Account.
Upon closure of an Account, e-satisfaction immediately erases and stops processing in any ways the Customers’ personal data stored in the Account. Only anonymous data by category/enterprise are kept for statistical reasons in order to be published and compared with other data.
e) Upon the termination of the Agreement, e-satisfaction will no longer post questionnaires at the website (E-Business) of the Member. However, the Member itself is solely responsible to remove the Integration System (remove the complete code) from its website at its own expenses.
9 E-SATISFACTION LEGAL RIGHTS AND OBLITIONS & LIMITATION LIABILITY
9.1 E-satisfaction’s Services are not designed as personalized Services; they are formulated as generic service packages addressed to multiple recipients and are provided “as is”. E-satisfaction is not aware of, does not participate in and is not responsible for the organization and operation of any of the Registered E-Business that use the Services. For all the above reasons, e-satisfaction does not guarantee the “fit for purpose” of the Services and does not guarantee or promise that through the provided Services the enterprise will increase its clientele or its turnover. The Member can use the data and information exported from the processing of the Services at its own discretion. The Member can freely decide how this information will serve to the management, operation, marketing and the processes of the Shop. E-satisfaction does not participate in any decision making process nor does it influence or takes part to the strategy of its Members. E-satisfaction does not influence and does not bear any liability for the answers given by the Customers (whether they are true or not).
9.2. In relation to the data stored in the Member’s Account, e-satisfaction provides a complete automated, technical and neutral hosting service; E-satisfaction does not control, initiate, have access or in any other way decide which data will be hosted in the Database nor how they will be processed and used and for how long. The latter are all subject to the Member’s own free will and choice. The Member shall freely choose which data will be disclosed to the Platform for the provision of any of the Services. In that case only those data that are absolutely necessary for the provision of the Services should be disclosed to e-satisfaction; e-satisfaction shall process those data merely as a data Processor within the course of providing Services to the Customers of a Shop upon a Member’s request.
9.3. Members declare that the E-Business are in no way related or connected with e-satisfaction. E-Business content, operating methods and transactions ARE NOT conducted through e-satisfaction and ARE NOT controlled by e-satisfaction in any way. Therefore, e-satisfaction has no knowledge, bears no responsibility and does not guarantee the correctness, lawfulness, completeness, truth, precision or quality of the content and/or the products or services provided by any E-Business. Further, e satisfaction is not responsible for any actions or omissions, loss or damage which can be caused to the Customers or to any third part due to or in connection to the use or visit or transaction with the E-Business. E-satisfaction DOES NOT participate in and is not a contracting party in the agreements executed between the E-Business and its Customers or any third party. The relationship between an E-Business and its Customers is governed by the E-Business’ Terms and Conditions.
9.6. E-satisfaction is not liable for any loss or damage which may be caused by attack concerning denial of service, viruses or other technological harmful material which may infect your hardware, software, data or other proprietary material due to the use of this Site or platform or download of any material is provided by the company or any website linked to it.
9.7. E-satisfaction undertakes all reasonable efforts so that the Services and access to the Account can take place smoothly and without interruption and that the adequate level of security necessary is maintained. However, e-satisfaction does not guarantee that the pages, services, selections, contents, prices, descriptions and the availability of the applications/services will be provided without interruption and without errors. E-satisfaction is not liable, though, if for any reason, negligence included, the operation of the website or the platform is interrupted or access to the Platform or the Account becomes difficult and / or impossible or if, despite the maintained security measures, viruses or other harmful software is identified and transmitted to the terminals of the users / visitors, or if third unauthorized parties intervene in any way to the content and operation of the website or the platform making the use difficult or causing problems to its proper function. Moreover, e-satisfaction is not liable in case of access break to the website or the platform, for reasons beyond its influence as well as for reasons due to technical or other failure of the back bone network or for reasons of force majeure or incidental facts. It is also clearly indicated that in case of any loss or damage of data from the Database of the E-Business account specifically, e-satisfaction is liable solely for reposting the data based on the back up which the Member is obliged to take according to the reference in Article 1.6 d) above. In any case whatsoever, e-satisfaction bears no liability in case of any error or interruption of the services due to any technical or other failure of the E-business website.
9.8. In any case, the Member is exclusively responsible for any damage may occur to e-satisfaction by incorrect or improper use of e-satisfaction or its Database and is required to access the Services and the Database as well as the User or E-Business account with respect to all safety rules and without proceeding to any act or omission which may cause failures, damages or pause to the Services.
10 APPLICABLE LAW AND JURISDICTION
These terms are governed by and construed according to the laws of Greece. Both parties agree that they are subject to the exclusive jurisdiction of the courts of the city of Athens in Greece.
11 FINAL TERMS
11.3 Any delay by the parties in practicing all or part of the rights arising from these terms does not entail weakening or waiving of this right which may be practiced at any time at a later stage and during the reasonable discretion of the beneficiary.