Terms of Use

INTRODUCTION

Acceptance of terms of use

The ELIZA Society for the Prevention of Cruelty to Children, hereinafter “ELIZA”, developed the website www.eliza.org.gr, hereinafter the “Website”, and any and all information or details (including but not limited to documents, files, texts, graphics, images) contained therein, hereinafter the “Material”, in order to present its mission and actions in Greece.

The use of the Website and the Material shall be subject to the present terms of use (hereinafter the “Terms of Use”), as in any time applicable, which constitute an agreement between “ELIZA” and any person visiting the Website with regard to the use thereof.

By accessing and using the Website in any manner whatsoever (browsing included), users unreservedly accept the Terms of Use, as in any time applicable. Please review the Terms of Use carefully and in case you do not agree, please stop using the Website.

Changes to the Terms of Use

“ELIZA” shall be entitled to change the Terms of Use, as well as any other rules governing the Website’s operation, at any time, at its absolute discretion. The Terms of Use shall make reference to the date of their last update.

By continuing to use the Website after such change, users agree to said modified Terms of Use.

Website use shall be subject to the Terms of Use applicable at the time of use. Users must review the Terms of Use periodically, in order to be informed of their content and shall be solely responsible for obtaining this information.

Special terms

Where the use of any Website service is subject to special terms of use, such terms shall be viewed together with the present Terms of Use as a whole. In the event of conflict between the two, the special terms of use that apply to each service shall prevail.

WEBSITE USE BY MINORS

By accepting the Terms of Use, users state that they are over 18 years of age, or, if under 18, that they have obtained the necessary consent of their parents/custodians and they shall provide those persons’ details, upon request. The parents/custodians of minors should protect them from any access to adult content and shall be solely responsible therefore.

INTELLECTUAL PROPERTY – GRANT OF LICENSE 

Property Rights

The Website, including the software thereof, as well as the Material included therein at any time shall be the intellectual and/or industrial property of “ELIZA” or, as the case may be, of its suppliers and/or licensors, and shall be protected by the relevant provisions of the Greek, EU and international law on the protection of intellectual and industrial property. Furthermore, the composition of the content and the layout of its components, as included in the Website at any time, shall be the exclusive ownership of “ELIZA” or, as the case may be, of its suppliers or licensors, and shall be protected by the relevant provisions of the Greek, EU and international law. No property rights on the Website and on the Material posted therein shall be hereby conferred to users, except for the rights of use that are expressly provided for in the present Terms of Use.

“ELIZA”, its suppliers and/or licensors hereby expressly reserve all intellectual property rights on any and all Website components, as well as on the Material posted therein, including, but not limited to, intellectual property rights, industrial property rights on product or service trademarks, trade names, logos, distinguishing features, etc.

Grant of license – limitations of use

Provided that users comply with the Terms of Use and the Privacy Policy, “ELIZA” shall grant a free-of-charge, limited, non-exclusive, non-transferable and non-assignable license to access, download, view on screen the Website and the Material and, generally, a license to use the Website for the purpose set out in the present Terms of Use. Users shall be entitled to download and/or copy and/or store individual parts of the Website Material strictly for personal, non-commercial use, without deleting any indications of source and provided that they shall protect any and all property rights against any infringement. Such actions may take place for purposes other than the ones cited above, only upon “ELIZA’s” written consent. Access to the Website or any other of the aforementioned actions may not, under any circumstances, result in the establishment of any right, title or interest on all or part of the Website that was downloaded and/or copied and/or stored. Furthermore, users shall be entitled to reproduce free of charge on the Internet any parts of the Website Material (e.g. information, notices, events, etc.) provided that said reproduction takes place for information purposes and that the reproduced content is in any case accompanied by an active link to the Website home page or to the specific page hosting the reproduced content, with a clear indication of the source.

Except for the permitted uses expressly stated above, the Website and its Material may not be reproduced, copied, leased, sold, sub-licensed, assigned, transferred, exported, transmitted, broadcasted or distributed in whole or in part in any way whatsoever by any user, nor become the object of a loan or have its use assigned, without “ELIZA’s” express prior consent. It is expressly stated that no alteration, adaptation, adjustment, translation or any other conversion of the Website and the Material nor the development of derivative works or improvements may take place. Similarly, no decompiling, reconstruction or other attempt to obtain the Website source code nor any reverse engineering may take place (except to the extent permitted by law). Furthermore, the development and/or publishing of databases comprising major parts of the Website shall not be permitted without “ELIZA’s” express prior consent.

In the light of the above, and with the exception of the aforementioned permitted uses, users shall undertake not to create any derivative, Website content-based work or copy, reproduce, repost, upload, alter, transmit, sell or exploit in any way whatsoever the Website or the Website-related software or Material, in whole or in part. In addition, users shall undertake not to enter the Website to any index, or frame it with any other web page, include it as a link for direct access from another website to internal information thereof, copy its location to another server by means of mirror imaging or promise to third parties that a right shall be conferred to them by the Website, without “ELIZA’s” express prior consent.

Moreover, no actions may take place that circumvent or violate safety rules or content use rules that may be provided for, applied or enforced by any functionality (including, inter alia, the digital rights management feature) comprised in the Website. The Website may not be used to access, copy, transfer, encode or re-transmit content in violation of any law or of the rights of “ELIZA” or third parties, or to remove, conceal or tamper with copyright statements, trademark statements or statements of other exclusive rights held by “ELIZA” or third parties that are affixed to or comprised in or accessed together with or through the Website.

The Website may not be used in any illegal manner, for any unlawful purposes or in violation of applicable laws or regulations of the Greek legislation on intellectual property or of the respective EU and International legal provisions.

By using the Website, users unreservedly accept, agree with and state that they will make legal and proper use thereof and, in particular, according to the terms stated herein.

Any use of the Website that breaches the Terms of Use shall be strictly prohibited. The license granted to users may be freely revoked by “ELIZA”, without any prior notice being required.

The respect and protection of third-party intellectual property rights is a fundamental principle of “ELIZA’s” policy. If, however, if users believe that their intellectual property rights are being infringed by or through the Website, they may inform “ELIZA” by sending an email to info@eliza.org.gr, specifying which part of the Website is believed to be infringing their rights, as well as the grounds of the infringement according to the users.

ELIZA’s LIABILITY WITH REGARD TO THE CONTENT

“ELIZA” shall try to provide accurate, complete, valid, reliable and timely information through the Website in every possible way. Although care has been taken to ensure the accuracy of the information presented on the basis of the sources used and, as the case may be, that generally acceptable practices are being described, “ELIZA” and its licensors, authors, editors, revisers,  contributors and publishers shall not be responsible for any mistakes, omissions or consequences arising from the implementation of said information and shall offer no guarantee, either implied or expressed, regarding the updatedeness, completeness, usefulness or accuracy of the Website’s contents.

The Website may also comprise, use or post information originating from third-party sources. “ELIZA” shall not vouch nor be responsible for the accuracy of any contents originating from sources other than its own.

Links to other sites

The Website may provide links to websites that are owned or administered by third parties. These links shall be provided solely for the user’s convenience. “ELIZA” is not in control of or responsible for the operation, content, privacy policies or security conditions of such websites nor is it associated with the administrators of the linked websites. Users must read and comply with the privacy statements and terms of use posted on any given linked website.

“ELIZA” shall not endorse or be responsible for the data, software or other content or products or services that are available on websites or media which are not owned by “ELIZA”, and users acknowledge and agree that “ELIZA” is not responsible, directly or indirectly, for any damages or losses arising from their use or reliance on such data, software or other content.

Where the Website refers through links or hyperlinks to other web pages, the owners and/or administrators of said web pages shall bear full (civil and criminal) liability for the security, legality and validity of their web page contents, with “ELIZA” being excluded from any liability. Indicatively, “ELIZA” shall not be liable if third party rights are infringed by third party websites or if said websites are not secure or provide inaccurate, incomplete or misleading information or comprise viruses or other malware. Users shall visit and access such linked pages at their own exclusive risk, without “ELIZA” being involved in any way whatsoever.

Global access

The Website may be accessed from all over the world. “ELIZA”, a Greek society governed by the Greek Law, shall control, administer and be responsible for the Website’s operation. Notwithstanding the provisions of the present terms regarding “ELIZA’s” liability for the content, “ELIZA” shall offer no guarantee and accept no liability in terms of whether the Website and the Material thereof are legal in countries other than Greece. Where users access the Website from locations outside Greece, they shall be exclusively responsible for complying with the local laws.

USER OBLIGATIONS

Users accept and agree that they shall make lawful use of the Website. When making use of the Website, users shall undertake, indicatively and not limited to, not to:

  • act in any way that limits and/or prevents the smooth and/or proper use of the Website and of other media connected thereto by other users;
  • act in any way that infringes “ELIZA’s” or third parties’ intellectual or industrial property rights;
  • act in a misleading way as to the origin of the Website content and/or in any way that is harmful for “ELIZA’s” reputation or damaging to “ELIZA”;
  • install, promote and/or disseminate in any way whatsoever through the Website viruses and/or other type of harmful or damaging files and/or malware designed to destroy or restrict the operation of any software or telecommunications equipment, or prevent other users from using the Website, or install or promote in any way whatsoever spam emails of promotional or other nature that are not expressly approved by “ELIZA” and, in general, promote unsolicited information in any way whatsoever;
  • upload or disseminate in any way whatsoever material and information that may not be disclosed based on legal provisions or private agreements (e.g. confidential information);
  • act in any way whatsoever that may infringe any rights or offend the personality of third parties and, in particular, harm minors in any way whatsoever, e.g. by exposing them to inappropriate content;
  • interfere with or put security at risk or cause damage to the Website in any other way, including the material and the source code thereof, the host server and/or networks linked to or accessible by the Website or other websites linked to the Website;
  • pursue any cause that is not permitted by the present Terms of Use;
  • take actions that could be perceived as or encourage any type of conduct that could be construed as a criminal offense, give rise to civil liability or violate the law in any other way;
  • post or transmit material with threatening, untrue, misleading, offensive, harassing, slanderous, obscene, unethical, shameful, pornographic, provocative or otherwise unsolicited content. “ELIZA” shall cooperate fully with all law enforcement authorities and shall fully comply with any court ruling requesting or ordering to disclose the identity of any person who posts or transmits information and material of such nature;
  • collect email addresses or other user details from the Website by electronic or other means with the intent of making unsolicited contact of commercial or other nature with said users;
  • upload, transmit, store or make available to the public in any way whatsoever third-party photos, without having obtained the prior consent of said parties;
  • users shall notify “ELIZA” as soon as they become aware of any unlawful or prohibited use of the present Website by third parties;
  • send, knowingly receive, upload, download or use any material that does not comply with the present Terms of Use;
  • present or attempt to present themselves as members or employees of “ELIZA” or pretend to be another user or person or authority, e.g. by appropriating any of the email addresses of the aforementioned persons;
  • make use of software robots, spiders, crawlers or other similar data collection and extraction tools or make use of any device or software that would affect the smooth operation of the Website;
  • create or provide ways to access the Website through other websites or in any way that is not authorized by “ELIZA”.

The use of any Website component in any way that is not provided for by the present Terms of Use shall be strictly prohibited. For any other use, “ELIZA’s” written permission shall be required at all times. In the event that the Terms of Use are breached, “ELIZA” shall make full use of the remedies provided by law, including the right to press criminal charges. “ELIZA” shall reserve the right, at its absolute discretion, to block users and deprive them of the ability to use the Website, for good reason.

AVAILABILITY AND SECURITY

Availability and smooth operation

“ELIZA” is not obliged in any way whatsoever to provide the Website and may change its format and nature at any time, at its discretion, with or without notice. With regard to any modified version of the Website, the Terms of Use that are applicable from time to time shall apply.

“ELIZA” shall make every reasonable effort to maintain and keep the Website available. Users, however, acknowledge that Website availability may be affected by user equipment, other communication networks, the availability of third party providers, the large number of people trying to use the Website at the same time or for other reasons. For these reasons, users agree that “ELIZA” shall not be responsible in any way for any operation failure or the non-smooth operation of the Website or access failure, disruption in part or in whole, delay, failed delivery, interruption or poor quality of the provision of its services, or loss of content, or errors of any nature. At all events, “ELIZA” shall reserve the right to suspend temporarily or permanently, at any time, the operation of the entire Website or part thereof for maintenance or upgrading purposes or for reasons of force majeure or for any other reasons, with no further liability.

“ELIZA” shall provide no guarantee that the Website is compatible with each user’s computer, hardware or software. In addition, “ELIZA” shall provide no guarantee that any future Website updates are compatible with any equipment or software versions or applications or that the same functionality as the one currently provided will be offered.

If users wish to report any Website issues they may contact Support at info@eliza.org.gr.

Access to the Website

To use the Website Internet access is required, either directly or via devices that can access Internet content. By using the Website, users acknowledge that they may incur charges by the wireless telecommunication provider, the Internet service provider or other Internet access method, according to their service contracts or their providers’ plans. Users acknowledge and agree that “ELIZA” is not associated in any way whatsoever with the provision of Internet connection services and that users shall be exclusively responsible for the payment of all respective fees to said service providers as well as of the dues required to ensure Internet access. In addition, users shall be responsible for having all the necessary equipment in order to connect to the Internet. The Website shall be used in compliance with the requirements set forth by the wireless telecommunication provider, the Internet service provider or any other Internet access method.

Available software on the Website

The Website may comprise software owned by third parties. Users’ ability to access information posted on the Website may depend on whether they have signed third-party software licenses. The use of third-party software shall be subject to the terms of the license agreement comprised in said software. “ELIZA” shall not be responsible for settling such license issues. Users are recommended not to install or use software where they have not obtained the respective license. However, if users proceed with such actions without having a license, they shall act at their own risk.

Security

Although “ELIZA” makes every possible effort to protect the Website from viruses and/or any other type of malware designed to interfere, destroy or restrict the function of any software or telecommunication equipment, it cannot guarantee that the Website will never be attacked by such malware. Therefore, the integrity and protection of users’ software and equipment is their own responsibility and “ELIZA” shall not be liable in the event of a virus or other malware attack to any user’s software or hardware.

Security of transactions

All donations paid by means of debit or credit cards shall be processed exclusively through Alpha Bank’s “Alpha e-Commerce” service and Paypal. No transactions shall be carried out through the Website.

In order to ensure transaction security, Alpha e-Commerce uses the TLS 1.1 method with 128-bit encryption (Secure Sockets Layer – SSL). Encryption is a method of encoding information until it reaches its designated recipient who will be able to decode it by using the proper key.

DISCLAIMER OF WARRANTY

The Website is provided “as is” and “as available” and is subject to changes by “ELIZA”, without users being able to make any modifications or other interventions thereto. “ELIZA” shall make every effort to render the use of the Website secure and provide accurate, complete, valid, reliable and timely information through the Website. At all events, however, users acknowledge and accept that, given the nature of the Internet, “ELIZA” may not be able to exercise, at all times, full control of the Website content and security, although it will make every effort that is technically possible to this end.

To the extent permitted by the applicable law, “ELIZA” shall neither undertake nor guarantee or assume any responsibility for the proper or improper use of the Website by the users and the accuracy, completeness and updatedeness of the Website content or the security of the Website. In addition, “ELIZA” shall provide no guarantee that the Website will meet user requirements or that the use thereof will be uninterrupted, timely, secure and error-free.

LIMITATION OF LIABILITY

To the extent permitted by the applicable law, “ELIZA”, its suppliers and licensors shall not be liable in any way whatsoever to users or third parties for any direct, indirect, actual or consequential damages due to or in connection with the use of the Website, except where damage is due to acts or omissions of “ELIZA” committed with intent or gross negligence.

DAMAGES PAYMENT

In the event of any of the present Terms of Use being breached, users shall be obliged to damages payment for any actual and/or consequential damages incurred by “ELIZA”.

To the extent permitted by the applicable law, users agree to indemnify and hold “ELIZA”, its members, executives, employees and staff, in general, harmless from any liability for third party claims or demands, including reasonable lawyer fees, that are due to or allegedly arise, directly or indirectly, from a user having used the Website or breached the Terms of Use or infringed a third party’s rights.

Non-exercise by “ELIZA” of the rights arising from the present Terms of Use or non-application of any of the Terms of Use shall not mean that “ELIZA” waives such rights or terms. “ELIZA” shall expressly reserve the right to enforce the present rules, at its own absolute discretion.

DONATIONS AND RETURN POLICY

All donations made to the ELIZA Society are used exclusively to carry out the actions of “ELIZA”, in accordance with the purposes thereof.

As a rule, donations made to “ELIZA” are irrevocable and non-returnable. Exceptionally, money may be returned solely where a different donation amount was filled in inadvertently by a donor. In this case, donors shall submit within one (1) business day as of the donation being made a return request to “ELIZA”, by sending an email to donations@eliza.org.gr or a fax to (0030) 210 3254144 and stating the actual amount of the donation they wish to make.

The excess amount shall be returned by “ELIZA” through the Alpha Bank “Alpha e-Commerce” service within ten (10) business day as of the date of submission of the request.

TERMINATION

The present agreement shall apply until termination thereof by the user or “ELIZA” at any time. “ELIZA” shall reserve the right to terminate without prejudice and without further liability the agreement, which is executed by virtue of the present terms with each user, forthwith and without notice, if a user breaches the Terms of Use or part thereof.

ASSIGNMENT

Users may not assign or transfer their rights as they arise from the present Terms of Use without “ELIZA’s” prior written consent. “ELIZA” may assign all of its rights and obligations as they arise from the present Terms of Use without the user’s consent. Notwithstanding the above, the present Terms of Use shall apply to the benefit of and shall bind the assignees and authorized transferees of the contracting parties. Any assignment in breach of the present paragraph shall not be valid.

ENTIRE AGREEMENT – SEVERABILITY

The present Terms of Use, together with the Privacy Policy, and combined with any other rules to which they refer or which are posted on the Website, shall be the entire, final and sole agreement between “ELIZA” and each user regarding Website use. If, for any reason whatsoever, it is held by a competent court that any of the present Terms of Use is invalid or unenforceable, said term shall be modified in order to approach the parties’ intent to the greatest possible extent, whereas the validity and enforceability of the remaining terms shall not be affected or hindered.

APPLICABLE LAW AND JURISDICTION

Any disagreement, claim or dispute that arises from or in connection with the performance, formulation, interpretation or implementation of the present agreement, including any disputes regarding the scope of implementation of the present Article, shall be settled through negotiations on the basis of good faith between the contracting parties. In the event of failure of such efforts, all such disagreements, claims or disputes shall be subject to the exclusive jurisdiction of Athens Courts.

The Greek substantive law is the applicable law.

COMMUNICATION

For any queries or clarifications related to the Website, users may contact info@eliza.org.gr