(Updated September 2020)
Stichting European Women Payments Network (“EWPN”) is a foundation registered in the Netherlands with company number 71428445. EWPN is the first and only pan-European not-for-profit organisation for women and other minority groups working in the banking, fintech and payments industries in Europe. To learn more, please visit: https://ewpn.eu/
You may only access or use the Portal if you agree to these terms. If you do not agree, do not access or use the Portal. By using the Portal, you are fully accepting all these terms and conditions, and giving your irrevocable consent thereto, including to EWPN’s collection, use, disclosure and retention of your personal information, to the limitation of liability and EWPN’s legal responsibility as described hereunder.
1) ACCOUNT, PASSWORD AND SECURITY
In order to gain access to the EWPN Portal, you must first apply and be approved for membership by EWPN. Please apply here: https://ewpn.eu/programmes/membership/. EWPN collects certain personal data from you, including your name, email address and job title. Your membership and application to access the Portal will be subject to EWPN’s review and approval, and EWPN may decline granting you access, regardless of the reasons and without providing notice. If you are employed by a corporate member, you acknowledge and agree that you are a legitimate designated user by your company. In the event EWPN becomes aware of any information/documentation as provided by you to be inaccurate/false or you are not properly designated by your company, EWPN shall have the right to take any and all measures it deems fit given the circumstances. EWPN shall notify you of the login ID, password and other necessary information to use the Portal and you are required to manage any additions and changes to your account. Any changes to your account are subject to EWPN approval. You acknowledge that through your account you are able to access the EWPN community and – depending upon your rights – view the contents of specific programmes run by EWPN. You will use the Portal for its intended purpose only. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify EWPN immediately of any unauthorized use of your account or any other breach of security. EWPN will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. To prevent unauthorized access or disclosure of information accessible through the Portal, EWPN has physical, electronic and managerial procedures in place to keep the information safe. Communication with our Portal is secured using SSL technology with high-security encryption. Despite EWPN’s efforts, EWPN cannot guarantee that the Portal may not be accessed, disclosed, altered or destroyed by breach of EWPN’s administrative, managerial and technical safeguards. If EWPN learns of a security systems breach, EWPN will notify you electronically so that you can take appropriate protective steps.
2) ACCEPTABLE USE/ RESTRICTED USE/ CONFIDENTIALITY
You may use the Portal only for lawful purposes and in accordance with these TOU. You acknowledge that you are provided with access to this Portal for your use only and agree not to provide any other person with access to this Portal or portions of it using your user name, password or other security information. You shall utilize the Portal in compliance with the requirements and/or instructions that EWPN may specify. Without limiting the foregoing, you may not without our written permission sell information obtained from this Portal to any third party. These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body. EWPN shall not be liable for any results attributable to events or incidents caused by the use of the Portal under conditions not in compliance with the requirements and/or instructions as specified by EWPN. You are responsible for protecting your computer against interference, spyware or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date. When using the Portal, you may not: (i) use the Portal and its services in a way that is against applicable laws, interferes with public order/morals or infringes any intellectual property rights or other rights of third parties; (ii) use the Portal and its services in a way that could harm them or impair anyone else’s use of them; (iii) undertake any act that causes or is likely to cause obstruction to the use or operations of the Portal; and/or (iv) remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the Portal. You may not conduct yourself in a way that might be injurious to the character or interests of EWPN, bringing EWPN into disrepute or that is contrary to proper behaviour or conduct. By way of example, but not limited thereto, you may not undertake any action that is considered violent, abusive or intimidating conduct, sexual, discriminatory or other forms of harassment or bullying of other members or EWPN team members. EWPN reserves the right to suspend and/or terminate your access to the Services and/or Portal immediately in case of breach of these provisions. EWPN reserves the right to change, amend and/or update the Portal, its functionalities and services at all times.
3) FUNCTIONALITIES AVAILABLE THROUGH PORTAL
Depending upon your membership level and designated role, you will have access through the Portal to certain information, programmes and functionalities, including – but not limited to – access to the EWPN community, chat functions, forum discussions, group conversations, the recruitment portal, job listings, webinars, events, mentorship programme, research reports, female speaker database and any news updates/announcements of EWPN. FOR YOUR CONVENIENCE, EWPN MAY MAKE AVAILABLE THROUGH THE PORTAL PROGRAMMES FOR USE. EWPN DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH PROGRAMMES. Our recruitment portal offers members to find and connect with candidates or potential employers. If you have access to our recruitment portal, you may find job offerings or get in touch with corporate members, sponsors and/or recruiters who have access to the recruitment portal. Any profile you create as a job seeker will not be made available to other individual members, but EWPN cannot guarantee that any job search activities or other actions you take through the recruitment portal will not be visible to your current employer.
4) INFORMATION AND DOCUMENTS AVAILABLE FROM PORTAL
Information in the Portal may be provided by EWPN and its EWPN members. EWPN does not assume any responsibility for any third party information that is not provided by EWPN. Information provided by EWPN relates to any EWPN programmes, such as the female speaker database or mentorship programme. The information contained on this Portal is provided by us in good faith on an “as is” basis and all users must verify the information before using the information. We do not make any representation or warranty that the information contained on the Portal is reliable, accurate or complete. Permission to view documents, such as EWPN research reports, EWPN newsletters, portal user guides, documents from corporate members or other members (depending upon your membership level) that are made available on the Portal (collectively, “Documents”) is granted, provided that (i) you do not remove or obfuscate any copyright notice; (ii) the copyright notice must appear in all copies, together with the content of this permission notice; (iii) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (iv) no modifications of the Documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil or criminal penalties. You may download the Documents to your computer to the extent incidental to your accessing and viewing those Documents for own use. Any further duplication of Documents that require the prior written consent of EWPN. You acknowledge and agree that any and all Documents remain the sole property of EWPN. Documents specified above do not include the design or layout of the Portal. Elements of the Portal are protected and may not be copied or imitated in whole or in part. You acknowledge that we may be only a distributor, not a publisher, of content on this Portal and that our editorial control may be limited to the selection of materials to make available. Where the information made available contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.
5) COPYRIGHT AND TRADEMARKS
Copyright in this Portal (including text, graphics, logos, icons, sound recordings and software) may be owned or licensed by EWPN. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under copyright laws and similar legislation which applies in your location, and except as expressly authorised by these TOU, you may not in any form or by any means: (i) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Portal or from any information obtained from this Portal; or (ii) commercialise any information, products or services obtained from any part of this Portal, without our written permission or, in the case of third party material, from the owner of the copyright in that material. This Portal includes trademarks owned by EWPN (or our licensors) including, but not limited to, the EWPN trade mark. You must not use any of our trade marks: (i) in connection with activities, products or services which are not ours; (ii) in a manner which may be confusing, misleading or deceptive; or (iii) in a manner that disparages us or our information or services (including this Portal). You must not authorise or assist any person to do any of the acts specified above.
The Portal contains a chat function and/or other message or communication facilities designed to enable you to communicate with EWPN, recruiters or other members (“Communication Service”). Please choose your preference by actively enabling and consenting to the ability to be visible to and contacted by corporate members and recruiters. When uploading and sharing your curriculum vitae or member profile for job seeking purposes, information included therein will be visible to all recruiters or corporate members with access to the Portal. Please ensure you remove any sensitive information (such as address, age, marital status, etc.,) if you do not wish to share it. You agree to use the Communication Service only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. You may not copy or download any communications from the Portal. You expressly agree not to use any part of the Services and/or Portal to post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, objectionable, inappropriate, improper, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not use any part of the Services and/or Portal (including – but not limited to the Communication Service) to advertise the products and/or services of your company or to use it for sales / customer acquisition purposes on behalf of your company. You may not impersonate any person or entity, including, but not limited to, EWPN or a EWPN team member, or falsely state or otherwise misrepresent your affiliation with any person, group or entity. You may not post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of publicity or privacy rights of any third party. You may not post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You may not collect or store personal data about other members. Any violation of this provision shall constitute a material breach of these TOU and EWPN reserves the right to suspend and/or terminate your access. Any profile you create as job seeker will not be made available to other individual members, but EWPN cannot guarantee that any job search activities or other actions you take through the recruitment portal will not be visible to your current employer. EWPN has no obligation to monitor the Communication Service and takes no liability for anything posted through the Communication Service. EWPN assumes no responsibility for any communications between members outside the Portal, even if they were initiated through the Portal. However, EWPN reserves the right to review materials posted to the Communication Service and to remove any materials in its sole discretion. EWPN reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in EWPN’s sole discretion. EWPN reserves the right to terminate your access to any or all of the Communication Service at any time, without notice, for any reason whatsoever. You grant EWPN all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use your content in connection with the Portal. Any conversations will be automatically deleted after 30 days.
7) THIRD-PARTY CONTENT/ LINKED SITES
This Portal may contain links to other websites (“Linked Sites”) or third party content. Those links and content are provided for convenience only and may not remain current or be maintained. EWPN is not responsible for the content or privacy practices associated with third parties or Linked Sites. EWPN’s links with Linked Sites or access to third-party content through the Portal should not be construed as an endorsement, approval or recommendation by EWPN of the owners or operators of those Linked Sites or content, or of any information, graphics, materials, products or services referred to or contained on those Linked Sites, unless and to the extent stipulated to the contrary. EWPN makes no representations or warranties, and assumes no liability, for third party content or Linked Sites. EWPN generally does not review content provided by members or others.
8) DISCLAIMER OF WARRANTY
EWPN shall not be liable for any damages incurred by you, your company or a third party as a result of any act by EWPN for the provisioning of the Portal. EWPN will not be liable if for any reason all or any part of the Portal is unavailable at any time or for any period. From time to time, EWPN may restrict access to (some parts of) the Portal, to you and/or other users. YOUR USE OF THE PORTAL, ITS CONTENT AND ANY PROGRAMMES OR ITEMS OBTAINED THROUGH THE PORTAL IS AT YOUR OWN RISK. EWPN MAKES NO REPRESENTATIONS ABOUT THE PORTAL, ANY PROGRAMMES OR ITEMS OBTAINED THROUGH THE PORTAL OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE PORTAL, ITS CONTENT AND ANY PROGRAMMES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING – BUT NOT LIMITED TO – THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PORTAL. WITHOUT LIMITING THE FOREGOING, EWPN DOES NOT REPRESENT OR WARRANT THAT THE PORTAL, ITS CONTENT, ANY PROGRAMMES OR ITEMS OBTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PORTAL OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EWPN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. EWPN DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD PARTY CONTENT AND LINKED SITES THAT YOU USE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS. You agree that the limitations and exclusions set out in these TOU are reasonable having regard to the relevant circumstances and the use you are permitted to make of the Portal.
9) DISPUTES BETWEEN MEMBERS
EWPN has no obligation to mediate or resolve disputes between members. In the event of any public disagreement, EWPN reserves the right to remove the content or suspend and/or terminate access to the Portal, at its sole discretion.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against EWPN (and our volunteers, officers, directors, service providers and licensors) by a third party to the extent that such Action is based upon or arises out of (a) your use of the Portal, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of these TOU, or (e) your use of third party content or Linked Sites. EWPN will notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on EWPN; (ii) requires EWPN to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on EWPN without EWPN’s prior written consent.
11) LIMITATION OF LIABILITY
IN NO EVENT WILL EWPN BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PORTAL, ANY CONTENT ON THE PORTAL ANY PROGRAMMES OR ITEMS OBTAINED THROUGH THE PORTAL, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS. IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TOU, EWPN IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT EWPN’S AGGREGATE LIABILITY WILL BE LIMITED TO 100 EUR. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, EWPN WOULD NOT PROVIDE ITS PORTAL TO YOU.
12) CONFIDENTIALITY AND PRIVACY
13) INTELLECTUAL PROPERTY
EWPN or its suppliers retain all right, title and interest in and to the Portal, its features and functionalities, Documents and tools accessible through the Portal, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. EWPN reserves all rights not expressly granted. These TOU do not grant or imply any rights to you or your company. EWPN hereby grants, under the conditions as set forth in the TOU, to you a non-exclusive, non-transferable license to use the Portal available as necessary for the proper use of the programmes of EWPN or receipt of corporate membership. Sub-licenses are not permitted. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Portal without our prior written permission, except for any downloads as permitted under clause 4. In the event of termination/expiration of your account for whatever reason, you will be required to cease the use of the Portal and to remove from its servers any and all applications of the Portal (if any), return or destroy any copies of the Documents you have made, all within 24 hours after such termination. You shall immediately inform EWPN in the event you become aware of any claims of third parties that the use of the Portal or other material made available by EWPN (including Documents) (potentially) breach third party property rights. EWPN will, at its option and expense, either procure for you the right to continue receiving access to the Portal or the affected parts of it; or replace or modify the infringing part of the Portal so that they become non-infringing; or, if the aforementioned are not reasonably or commercially feasible (in EWPN’s reasonable discretion), terminate your account.
14) SUSPENSION AND TERMINATION
In the event of any of the following, EWPN may suspend or terminate (as reasonably determined by EWPN) your use of all or a part of the Portal: (i) when performing maintenance; (ii) when suspension is necessary including your failure to maintain your application, hardware, data, etc., on which the Portal relies; (iii) when a force majeure event or any other emergency event occurs or may occur; (iv) when the suspension of all or a part of your access to the Portal is necessary in order for EWPN to protect its equipment from acts of unauthorized computer access; (v) when you commit any act that breaches the TOU; (vi) when corporate membership of your company terminates/expires and/or (vii) when EWPN determines that the suspension of all or a part of access to the Portal is desirable based on objective and reasonable reasons. In the event EWPN suspends the usage of the Portal subject to the above, EWPN shall notify you in advance of such suspension except in case of emergency, where EWPN may suspend access to the Portal without notice. If EWPN believes that unauthorized or improper use is being made of the Portal, it may, without notice and at its sole discretion, take such action as it deems appropriate, including disabling your account. Violation of this TOU can lead to termination of your account and EWPN reserves the right to seek any other remedies available at law. EWPN shall not be liable for any damages incurred by you, your company or any third party as a consequence of the termination of all or a part of access to the Portal.
EWPN may collect general information such as the pages you access, the date and time of your visit, IP address, and the domain name and country from which you access this Portal. This includes the use of “cookies”. Most browsers can be configured so as not to accept cookies, however this may affect the functionality of the Portal.
16) FINAL PROVISIONS
EWPN reserves the right to amend or change the TOU of the Portal at any time without notice. EWPN encourages you to periodically review these terms to ensure you are in compliance. Your continued use of the Portal constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using the Portal. These TOU shall be governed by the laws of the Netherlands. Nothing in this policy is intended to grant any rights in the Portal. Failure to enforce this policy in every instance does not amount to a waiver of EWPN’s rights. If any part of the TOU is found to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the TOU, which shall continue to be valid and enforceable to the fullest extent permitted by law. Any and all disputes arising out of or in connection with these TOU shall be brought before the competent court of Amsterdam, the Netherlands and the Parties irrevocably submit to the exclusive jurisdiction of such court.