EUROTRACE - Your Complete EU Fulfillment Partner

Last Updated: May 15, 2024

1. Introduction

Welcome to EUROTRACE. These Terms of Service ("Terms") govern your access to and use of the EUROTRACE tobacco product tracking and tracing system, including our website, mobile applications, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

EUROTRACE provides a tobacco product tracking and tracing system designed to help businesses comply with EU regulations, particularly Articles 15 and 16 of the Tobacco Products Directive 2014/40/EU and its implementing regulations.

2. Account Registration and Eligibility

2.1. Registration: To use certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

2.2. Eligibility: You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2.3. Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.4. One Account Per User: You may not create multiple accounts for the same person. We reserve the right to suspend or terminate accounts that we suspect are duplicate accounts.

3. Service Description and Limitations

3.1. Service Description: EUROTRACE provides a comprehensive track and trace system for tobacco products that enables businesses to comply with EU regulations, track products throughout the supply chain, and prevent illicit trade.

3.2. Regulatory Compliance: While EUROTRACE is designed to help businesses comply with tobacco product traceability regulations, it is ultimately your responsibility to ensure that your use of the Service meets all applicable legal requirements.

3.3. System Availability: We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, there may be occasions when the Service will be interrupted for maintenance, upgrades, or emergency repairs, or due to failure of telecommunications links or equipment.

3.4. Service Modifications: We reserve the right to modify, suspend, or discontinue the Service or any part thereof with or without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4. User Obligations and Restrictions

4.1. Compliance with Laws and Regulations: You agree to use the Service in compliance with all applicable laws, regulations, and industry standards.

4.2. Accurate Information: You agree to provide accurate, complete, and up-to-date information when using the Service, especially regarding tobacco product tracking and tracing data.

4.3. Prohibited Activities: You agree not to:

Use the Service for any illegal purpose or in violation of any laws or regulations
Infringe or violate the intellectual property rights or other rights of others
Interfere with or disrupt the Service or servers or networks connected to the Service
Attempt to gain unauthorized access to the Service or other user accounts
Transmit any viruses, malware, or other harmful code
Use the Service to develop a competing product or service
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
Remove, circumvent, disable, or otherwise interfere with security-related features of the Service
Create false or misleading tracking or tracing data
Use the Service to facilitate illicit trade or counterfeiting

4.4. Third-Party Services: You may be required to use third-party services in connection with the Service, such as the EU secondary repository. Your use of such third-party services is subject to their respective terms of service.

5. Fees and Payment

5.1. Pricing: The fees for the Service are as set forth on our website or in a separate written agreement. We reserve the right to change our fees at any time, with notice provided at least 30 days in advance.

5.2. Payment: You agree to pay all fees in accordance with the payment terms that apply to your subscription. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

5.3. Taxes: All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.

5.4. Late Payments: We reserve the right to suspend or terminate your access to the Service if your payment is not received on time. Late payments may be subject to interest charges.

6. Intellectual Property Rights

6.1. Ownership: The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by EUROTRACE, its licensors, or other providers of such material and are protected by intellectual property laws.

6.2. License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes.

6.3. Feedback: If you provide us with any feedback or suggestions regarding the Service, you hereby grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose.

6.4. Your Data: You retain all rights to your data that you upload, submit, or otherwise transmit to or through the Service. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, process, adapt, and publish such data solely to the extent necessary to provide the Service to you and to comply with applicable regulations.

7. Confidentiality

7.1. Confidential Information: Each party may receive information that is proprietary or confidential to the other party. "Confidential Information" means all information disclosed by one party to the other, whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

7.2. Protection: Each party agrees to protect the other party's Confidential Information with the same standard of care it uses to protect its own Confidential Information, but in no event less than a reasonable standard of care.

7.3. Exceptions: Confidential Information does not include information that (a) was lawfully known or in the possession of the receiving party without obligation of confidentiality before receipt from the disclosing party; (b) is or becomes publicly available other than through a breach of these Terms; (c) is rightfully received by the receiving party from a third party without restriction on use or disclosure; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.

8. Data Privacy

8.1. Privacy Policy: Our collection and use of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2. Data Processing: To the extent we process personal data on your behalf, we will do so in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

9. Disclaimers and Limitation of Liability

9.1. Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2. No Guarantee of Regulatory Compliance: While the Service is designed to help you comply with tobacco product traceability regulations, we do not guarantee that your use of the Service will ensure complete compliance with all applicable laws and regulations.

9.3. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9.4. Cap on Liability: IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

10. Indemnification

You agree to indemnify, defend, and hold harmless EUROTRACE and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to (a) your violation of these Terms; (b) your use of the Service; (c) your violation of any rights of any other person or entity; or (d) your failure to comply with applicable laws or regulations.

11. Term and Termination

11.1. Term: These Terms shall remain in full force and effect while you use the Service or maintain an account.

11.2. Termination by You: You may terminate these Terms at any time by canceling your account and ceasing to use the Service. Please contact us at support@eurotrace.com to request account cancellation.

11.3. Termination by Us: We may terminate or suspend your account and these Terms immediately, without prior notice or liability, for any reason, including if you breach any provision of these Terms or if we suspect that you have used the Service for any fraudulent or illegal activity.

11.4. Effect of Termination: Upon termination, your right to use the Service will cease immediately. The following provisions shall survive termination: Intellectual Property Rights, Confidentiality, Disclaimers and Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

12. Changes to Terms

We reserve the right to modify, revise, or update these Terms from time to time in our sole discretion. We will notify you of any material changes by posting the updated Terms on our website or by sending you an email or other notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

13.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

13.2. Dispute Resolution: Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be first addressed by good faith negotiations between the parties. If the dispute cannot be resolved through negotiation, either party may initiate legal proceedings in the courts of England and Wales.

13.3. No Class Actions: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. General Provisions

14.1. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms published by EUROTRACE, constitute the entire agreement between you and EUROTRACE concerning the Service.

14.2. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will continue in full force and effect.

14.3. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of EUROTRACE.

14.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction.

14.5. Contact Information: If you have any questions about these Terms, please contact us at legal@eurotrace.com.

By using the EUROTRACE Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.