TERMS AND CONDITIONS OF USE AND MEMBERSHIP
By registering a membership or partnership for you or your company on Ecommerce.org you agree to the Terms and Conditions of Use and Membership set out below, which you should read carefully before proceeding.
Members are always individuals, whereas companies and organisations can choose from a number of different partnerships through the partner programmes on Ecommerce.org.
You can find out what is available to members and Ecommerce.org Retail Partners on the BECOME A MEMBER page. Information about other partnerships can be supplied on request.
The Terms and Conditions of Use and Membership are subject to change. Up-to-date terms and conditions are always published on Ecommerce.org and also made available through newsletters.
Last updated: 21 March 2013.
§1. Background and definitions>
§1.1 Ecommerce Org AB is the legal name of the company that manages the Ecommerce.org web portal. Where reference is made to Ecommerce.org, this shall therefore mean the Swedish company Ecommerce Org AB, company registration number 556814-8786.
§1.2 A User is a person who visits a website that is owned or managed by Ecommerce Org AB.
§1.3 A Member is a registered user of a website that is owned or managed by Ecommerce Org AB.
§1.4 A Member is a person who has voluntarily chosen to register him or herself as a Member on a website that is owned or managed by Ecommerce Org AB and who, by so doing, has agreed to the Terms and Conditions of Use and Membership.
§1.5 A Partner is a company or equivalent which has voluntarily chosen to register and which pays the service charge for the partnership on a website that is owned or managed by Ecommerce Org AB. If requested to do so by a Partner company, Ecommerce Org AB can register people who are employed by the Partner as Members. If a Member is registered at the Partner company's request, the Partner company shall be responsible for keeping the Member informed and for obtaining his or her consent.
§2. Acceptance of Terms and Conditions of Use and Membership
§2.1 Ecommerce Org AB shall provide services for Members to freely create and publish material through, amongst other things, but not limited to, comments, links, personal messages and blogs.
§2.2 In order to use the services on a website that is owned or managed by Ecommerce Org AB, the User shall register as a Member and, at the time of registration, shall accept the prevailing Terms and Conditions of Use and Membership.
§2.3 Ecommerce Org AB shall be fully entitled to take any action that the company deems appropriate in the event of violation of the Terms and Conditions of Use and Membership. This shall include the disclosure of available information to the police, both within and outside Sweden, or other equivalent authority in the event of a suspected breach of prevailing legislation.
§2.4 Ecommerce Org AB may suspend a Membership or Partnership at any time if a Member or Partner fails to comply with the Terms and Conditions of Use and Membership.
§2.5 Ecommerce Org AB reserves the right to update the Terms and Conditions of Use and Membership on an ongoing basis in order to reflect prevailing legislation, industry practice and current services.
§2.6 Members shall be notified by newsletter of changes to the Terms and Conditions of Use and Membership. Members who have actively chosen not to receive emails shall undertake to keep themselves up-to-date with the current Terms and Conditions of Use and Membership as published on Ecommerce.org.
§2.7 Changes to the Terms and Conditions of Use and Membership shall enter into force 30 days after the Member has been notified of the changes by email. If the Member has refused Ecommerce.org permission to send emails, the amended Terms and Conditions of Use and Membership shall enter into force 30 days from the date on which they were published on Ecommerce.org.
§2.8 Partnerships concluded under a separate agreement shall always be governed in the first instance by the terms and conditions set forth in the respective agreement. The Terms and Conditions of Use and Membership shall only apply in cases where the matter in question has not been dealt with in another valid agreement.
§3. Members shall be responsible for published material
§3.1 Ecommerce Org AB never screens material from Members before it is published and cannot therefore be held liable for the content of the published material.
§3.2 Material that has been published shall not:
§3.3 Members may only publish text and images which they themselves have written or created. Members shall also clearly mark any text to which reference is made. Ecommerce Org AB does not permit links to illegal websites or websites whose content it deems inappropriate. Nor can Ecommerce Org AB be held liable for the content of external websites.
- incite someone to commit an offence or itself constitute an offence in the form of text, images or other type of media;
- be perceived to be offensive, incite racial hatred, defame, harass, discriminate, threaten or in any other way violate the rights of third parties;
- contain enquiries concerning or distribution of pirate copies, the sale of stolen goods or other types of offers which are unlawful under Swedish law;
- constitute unlawful marketing which is contrary to the provisions of the Marketing Act [marknadsföringslagen] or to other Swedish legislation;
- contain personal details which are contrary to the provisions of the Personal Data Act or to other Swedish legislation;
- contain advertising or links to advertising;
- be written in bad faith;
- contain manifestly incorrect information.
§3.4 Ecommerce Org AB reserves the right to review all material that has been published following its publication, and reserves the right to remove following its publication any material that contravenes the company's terms and conditions or policies.
§3.5 Members shall be criminally liable and liable for damages in respect of the material that they choose to publish on a website that is owned or managed by Ecommerce Org AB.
§4. Members' details and photos
§4.1 The Member's name, company, title and personal details shall be true and correct. Initials instead of a name will not be accepted.
§4.2 The Member's photo (avatar) shall comprise of a personal photograph showing the User's face.
§5 Limitation of liability
§5.1 Ecommerce Org AB shall not be liable for unauthorised access to your Member account or for unauthorised amendment of a Member's published material.
§5.2 Ecommerce Org AB cannot guarantee that all functionality offered will work at all times. Technical faults can occur which, in some cases, may result in all or part of the website being temporarily closed for maintenance.
§5.3 Ecommerce Org AB reserves the right to modify the availability, content and functionality of the various services without obtaining the consent of or notifying Members and Partners.
§6. Personal details
§6.1 The party responsible for the personal details is Ecommerce Org AB, company registration number 556814-8786.
§6.2 By registering as a Member or Partner, the registered party consents to Ecommerce Org AB processing its personal details in accordance with these Terms and Conditions.
§6.3 Ecommerce Org AB shall store Members' and Partners' personal details for the purposes of administering and managing the Member's use of functionality, member services and offers. Details that have been obtained may also be used to compile statistics and for marketing purposes, e.g. invitations or information about events, services, offers etc. from Ecommerce.org and/or Business Partners. User information in the form of a professional role associated with a company in the Online Retailer Guide or Supplier Guide may be disclosed to a third party and used by the latter for, amongst other things, but not limited to: direct mail advertising, campaigns, invitations, information concerning own or external services, personal contact and surveys. The Member information obtained shall be stored by Ecommerce.org for as long as the registered party is a Member and, thereafter, for a maximum of twelve months from termination of Membership by the registered party. Where User information in the form of a professional role associated with a company in the Online Retailer Guide is disclosed to a third party, the period during which said third party shall be permitted to use such information shall be limited to twelve months.
§6.4 All personal details stored by Ecommerce Org AB shall be treated as highly confidential and processed in accordance with the Personal Data Act (1998:204).
§6.5 If a Member or Partner chooses to register their interest in a service or offer from an Ecommerce.org Business Partner, the Member shall also consent to his or her personal details being disclosed to said Business Partner to enable it to process the application. Before any personal details are disclosed, the Member shall be allowed to see and agree to exactly what is being disclosed and to which Business Partner.
§6.6 In accordance with Section 26 of the Personal Data Act (1998:204), the registered party (Member) reserves the right, once every calendar year, following a written application to Ecommerce Org AB, to be notified free of charge of which personal details concerning the registered party Ecommerce Org AB is processing and how they are being processed. In accordance with Section 28 of the Personal Data Act (1998:204), the registered party reserves the right to request the correction of personal details concerning the registered party that Ecommerce Org AB is processing. Ecommerce.org must be able to verify that the request originates from the registered Member.
§6.7 Corrections or extracts cannot be requested through a representative.
§7.1 Websites that are owned or managed by Ecommerce Org AB use so-called cookies. In accordance with Electronic Communications Law which entered into force on 25 July 2003, anyone visiting a website shall be advised of what cookies are used for and given the opportunity to refuse their consent for such use. A cookie is a small text file containing information that is stored on the User's computer. Cookies are used for purely technical reasons to improve the website for the User.
There are two types of cookies.
§7.2 Ecommerce.org uses so-called session cookies to facilitate login, statistics and some of the functions that are offered by Ecommerce.org.
- The first type saves a file permanently on the computer. It is used, for example, to tailor a website to your requirements, choices and interests.
- The second type is known as a session cookie. While a website is being visited cookies are sent between the visitor's computer and the server to link up information. Session cookies disappear when the web browser is closed.
§8.1 Through Membership the Member undertakes to comply with the prevailing Terms and Conditions of Use and Membership for websites that are owned or managed by Ecommerce Org AB. It is the Member's responsibility to keep him or herself up-to-date with the prevailing Terms and Conditions at all times.
§8.2 Free Membership is open to all and is free of charge.
§8.3 Partnership is aimed at companies that wish to be part of Ecommerce.org.
§9.1 Partnerships can only be registered by companies. Each company shall have at least one registered Member.
§9.2 Criteria for becoming a Partner (without online retail in the Online Retailer Guide):
§9.3 Criteria for becoming a Partner (with online retail in the Online Retailer Guide):
- The company shall run a bona fide business.
- The company shall not feature on the blacklist of a national organisation.
- The company shall run an online retail business where orders can be placed and payments made directly through the website.
- The company's online retail business shall be registered in Ecommerce.org's Online Retailer Guide. Online retailers that are not included in the Online Retailer Guide can register free of charge (national restrictions may apply).
- The company shall run a bona fide business.
- The company shall not feature on the blacklist of a national organisation.
- The company shall comply with the rules and regulations governing online retailing in the markets in which the company is active.
§10. Members: Services and benefits
§10.1 Members and Partners can access the services and benefits provided by Ecommerce.org and its Business Partners. Current services and benefits shall be published on Ecommerce.org on an ongoing basis.
§10.2 To access the services and benefits the Member must be logged into Ecommerce.org.
§10.3 Interest in services and benefits offered by Ecommerce.org Business Partners shall be registered by following the Business Partner's instructions. The content or delivery of these benefits shall be the responsibility of the respective Business Partner.
§10.4 Where an Ecommerce.org Business Partner has decided that services or benefits shall only apply to new customers, Members and Partners which are or have been customers of the Business Partner cannot normally access such services or benefits.
§10.5 In addition to these Terms and Conditions, further terms and conditions may apply to specific services or benefits. Where such a service or benefit is used, Members shall undertake to comply with said terms and conditions also.
§10.6 Benefits and services may be modified, removed or added without prior notice. The benefits and services applicable at the time shall be published on Ecommerce.org on an ongoing basis.
§11. Paying Partners: Annual charge and billing
§11.1 Paying Partnerships shall be invoiced on an annual basis. Terms of payment shall be 30 days from date of invoice.
§11.2 The annual change for paying Partner companies shall be 600 SEK per annum.
§11.3 Any change in the annual charge shall be notified at least 14 days before expiry of the notice period.
§11.4 Electronic PDF invoices sent by email shall be free of charge. Hard-copy invoices shall be subject to a charge.
§11.5 Ecommerce Org AB reserves the right to outsource invoicing to a third party.
§11.6 All prices are quoted in SEK and exclude VAT.
§11.7 Partners outside Sweden that fail to supply a valid VAT number on registration shall be charged the prevailing VAT.
§11.8 Where an invoice is in Euros, a foreign exchange surcharge of 5 per cent shall be added unless the price was already quoted in Euros.
§12. Paying Partners: Period of validity and termination
§12.1 Partnerships shall run for one year from their conclusion (the same date the following year).
§12.2 Partnerships shall be terminated no later than 30 days before the Partnership expires; otherwise, the Partnership shall be renewed on an ongoing basis for one year in each case.
§12.3 When terminating a Partnership, clear information shall be provided concerning the company in question and the party requesting the termination. Partnerships shall be terminated in writing by emailing firstname.lastname@example.org.
§12.4 Ecommerce Org AB may terminate a Partnership at any time if the company, or its registered Members, have violated the prevailing Terms and Conditions of Use and Membership or, in spite of a reminder to do so, have failed to pay their annual charge.
§12.5 If the Partnership is terminated, all services and benefits shall lapse from the date of termination. Ecommerce.org shall notify all Business Partners that the Partnership has been terminated, whereafter the price for contracted services may be revised in line with the prevailing standard price list for the remainder of the contract period. This shall only apply to services and benefits which are exclusive to Partner companies. Services and benefits which are also open to Members, which are not associated with Partner companies, shall not be affected if a Partnership is terminated.
§12.6 Ecommerce.org shall offer Ecommerce.org Retail Partners a 30-day Satisfied Partner Guarantee. New Partners may always terminate their Partnership within 30 days of its conclusion without incurring any charges. If a Partner has chosen to take advantage of a service or benefit which is exclusive to Partners over that period it may be invoiced for the difference between the Partner price and the standard price. The Satisfied Partner Guarantee can only be used once per company registration number and/or legal name.
§13. Members: Termination of Membership
13.1 Members may terminate their Membership of Ecommerce.org at any time. When terminating a Membership, clear information shall be provided concerning the Member in question. When terminating a Membership through a representative, a power of attorney or equivalent document from the Member shall be submitted to Ecommerce.org. Partnerships shall be terminated in writing by emailing email@example.com.
§14.1 Partial or full re-printing or publication without written permission from Ecommerce Org AB is prohibited. You may quote Ecommerce.org but you must always specify the source including a hyperlink.
§14.2 Ecommerce.org logos, and variants thereof for Members and Partners for example, are owned by Ecommerce Org AB and are protected by copyright legislation.
§14.3 The use of Ecommerce.org's corporate logo is prohibited. Partner companies shall use the logo that has been specially designed for the respective Partnership. A valid Partnership shall be required for use of the various Partner logos.
§14.4 The use of anything other than official Ecommerce.org Partner logos in their original format and in the agreed proportions is not permitted.
§14.5 Ecommerce.org shall be notified of the use of Ecommerce.org Partner logos by emailing firstname.lastname@example.org. Specify the company's name and contact details and provide a hyperlink to the place where the logo has been published. Where the logo has been used in printed media, two copies shall be submitted to Ecommerce.org free of charge within 30 days of publication.
§14.6 The right to use the former Ehandel.org PREMIUM-medlem logo and the Ehandel.org Trust Rating logo shall be restricted to Ehandel.org PREMIUM members who have paid the membership charge for the period in question and become a member before 31 January 2013. The right to use these logos shall expire on 31 December 2013 when associated services will also be shut down.
§14.7 The Copyright Act reads as follows
For a creation to be regarded as a work, it must meet the threshold of originality. This implies that the work should display originality or individuality as a result of the originator's personal creative effort. It is, in other words, the originator's special way of expressing something that is protected, not the ideas or facts that the work may contain.
An originator has economic and non-economic rights to his or her work. These rights refer to the work both in its original form and when it is available in a revised form (e.g. a translation or adaptation). Copyright is valid during the originator's lifetime and for 70 years after his or her death.
The originator has:
- the right to permit or prohibit reproduction of the work, e.g. by photocopying or other form of copying;
- the right to make the work available to the general public, i.e. to present the work publicly, to display it publicly or to distribute copies of the work.
In certain cases permission may be given to use works, notwithstanding the economic rights of copyright protection. Non-economic rights, on the other hand, must always be observed. It is permitted, for example, to quote from public works provided that the source is named. Unlike non-economic rights, economic rights may also be transferred to a third party.
- the right to be named whenever the work is used, to the extent and in the manner that good practice requires;
- right to respect for the work, i.e. that the work may not be altered or made available to the general public in a form or connection that is damaging to the originator's literary or artistic reputation or distinctive character.