USER AGREEMENT FSC MARKETPLACE
A. Terms & Conditions
1. “ASI” stands for the ASI - Accreditation Services International GmbH. It is a for-profit company with limited liability wholly owned by FSC AC and constituted according to German Law: Bonn HRB 13790, with registered office in Friedrich-Ebert-Allee 65, 53113 Bonn, Germany.
2. “CAB” is the abbreviation for ‘Conformity Assessment Body’ and stands for a legally independent entity which is accredited by ASI in accordance with the FSC Accreditation Program and performs conformity audit services.
3. “Certificate Holder” stands for a legally independent entity which is certified by a CAB based on the FSC Certification Scheme.
4. “Customer” stands for an individual natural person or individual Certificate Holder who attempts to register and use the FSC Marketplace.
5. “FSC AC” stands for the Forest Stewardship Council, Asociación Civil, with its registered office in Calle Margarita Maza de Juárez # 422, Col. Centro, 68000 Oaxaca, Oaxaca, Mexico. FSC AC is an international not-for-profit membership organization established to promote responsible management of the world’s forests.
6. “FSC Accreditation Program” is operated and managed by ASI. It includes activities in relation to the evaluation and the accreditation of a CAB in accordance with all accreditation requirements.
7. “FSC Certification Scheme” is developed to enable independent third-party certification of environmentally responsible, socially beneficial and economically viable forest management as a market mechanism allowing producers and consumers to identify and purchase timber and non-timber forest products from well-managed forests.
8. “FSC GD” stands for the FSC Global Development GmbH. It is a German for-profit company with limited liability wholly owned by FSC AC and constituted according to German Law: Bonn HRB 15990, with registered office in Charles-de-Gaulle Str. 5, 53113 Bonn, Germany.
9. “FSC IC” stands for the FSC International Center GmbH. It is a German not-for-profit company with limited liability wholly owned by FSC AC, constituted according to German Law: Bonn HRB 12589, with registered office in Charles-de-Gaulle Str. 5, 53113 Bonn, Germany.
10. “FSC National Office” stands for a legally established and independent FSC partner organization promoting responsible management of the world’s forests at the national level on the basis of formal contracts. FSC National Offices have a multi-stakeholder governance structure, similar to that of FSC AC.
11. “FSC National Representative” stands for an individual working on behalf of FSC AC and its subsidiaries in his/her country under a formal contract to serve as a national point for information and to promote responsible management of the forests.
12. “FSC Network” stands for FSC AC and all its subsidiaries and affiliates such as the FSC National Offices, FSC National Representatives as well as the CABs worldwide participating in the FSC Accreditation Program and the entire FSC Certification Scheme.
13. “Third Party” or “Third Parties” refer to a party or to parties which is or are not explicitly named in this agreement and are no party hereof.
These terms and conditions apply to the FSC Marketplace available at www.marketplace.fsc.org provided by FSC GD. The Customer explicitly agrees to fully comply with the terms and conditions and general principles of the FSC Marketplace.
III. Main purpose of the FSC Marketplace
1. Provides an international platform to help FSC stakeholders find partners in the FSC supply chain.
2. Allows Certificate Holders to find suppliers across international borders.
3. Provides a platform for sharing additional information about a Certificate Holder such as a company description and products for marketing and sales purposes.
IV. General Provisions
1. Using the FSC Marketplace
a. The Customer may not use the websites and services provided by FSC GD if he/she is under the age of 18 or if he/she/it is not able to form legally binding contracts. While using the FSC Marketplace, the Customer explicitly agrees not to
aa. breach any provision stated out herein;
bb. post, list or upload wrongful, inaccurate or misleading information;
cc. breach any law or infringe the copyright, trademark or other rights of other Customers, the FSC Network, or Third Parties;
dd. distribute or post spam, viruses or any other technologies that may harm the FSC Network or the interests or property of users of the FSC Marketplace;
ee. copy, modify or distribute rights or content from the FSC Marketplace websites, services or tools or any of FSC AC’s copyrights and trademarks nor those of its subsidiaries.
b. Once the Customer has successfully registered and fully accepted the terms and conditions, the Customer will have full right to access the information and use the whole content of the FSC Marketplace in accordance with the terms and conditions and any other instruction given by FSC GD from time to time until the right to use is withdrawn and access is suspended or terminated.
c. FSC GD grants to the Customer the right to use the FSC Marketplace with an activation link provided by FSC GD upon successful registration. The right to use the FSC Marketplace in accordance with these terms and conditions is personal to the Customer only. The Customer agrees to take all reasonable steps to keep his/her/its password secret. Note: FSC GD will never ask to reveal the password.
d. The Customer is solely responsible for adding, replacing or deleting any of his/her/its information.
2. Unlawful or unauthorized use of the FSC Marketplace and passwords; infringements
a. In case the Customer becomes aware of or suspects any unlawful or unauthorized use of the FSC Marketplace or of his/her/its password, the Customer agrees to provide to FSC GD any details in relation to any such unauthorized use. In the event of unlawful use of his/her/its password or use without his/her/its authorization, the Customer shall immediately change his/her/its password at FSC Marketplace. Should the Customer find that he/she/it cannot change the password for any reason, the Customer shall immediately inform FSC GD which will block the password until the matter is resolved.
b. Any possible infringements of FSC’s trademarks or misuses of any kind related to the use of the FSC Marketplace and its Terms and Conditions as stated herein shall immediately be reported to FSC GD using the contact details at the bottom of this document.
3. FSC Marketplace specific terms
a. The Customer agrees to respect other Customers’ privacy and to use information only in accordance with applicable laws and regulations. The Customer accepts sole responsibility for the legality of his/her/its actions under laws applying to the Customer and the legality of any items the Customer lists on the FSC Marketplace.
b. Neither FSC GD nor the FSC Network is responsible to check the information entered to the FSC Marketplace by the Customer and shall not be held responsible for any data, descriptions, links or information which is entered into the website by the Customer with an FSC password about a company, product or other connected activity. Furthermore, responsibility for data associated with certificates is given to the CAB in accordance with existing FSC policies and standards. This certificate data will include any information which is visible on www.info.fsc.org and select additional information which is not confidentially held in the certificate database. Neither FSC GD nor the FSC Network is responsible for errors or omissions with respect to certificate data.
c. FSC GD will review the profile and may disable it without prior notification if it becomes aware of a misuse. FSC GD will enable the profile after it has been duly updated by the Customer.
d. FSC GD shall not be responsible for sensitive data or illegal information or data which is published by a Customer. Such things may include but is not limited to libelous comments, negative remarks about other organizations, personal opinions etc. Abuses, insults or defamatory entries will not be tolerated and the Customer may be banned from the site.
e. FSC GD does not guarantee any specific level of service. FSC GD’s intent is to maintain as far as possible a 24 hour service accessible in as many countries around the world as possible for the purposes stated out in Section III. The Customer acknowledges that uninterrupted access to the use of the FSC Marketplace may be prevented by certain factors outside the reasonable control of FSC GD (a "Service Disruption Event") including, but without limitation to, the in-operation, inefficiency or unsuitability of the equipment and the unavailability, in-operation or interruption of internet or other telecommunication services. Non-performance by FSC GD of its obligations under these terms will not be a breach of these terms where such non-performance results directly or indirectly from a Service Disruption Event. FSC GD does not accept any responsibility and shall not be liable for any loss or damage arising out of or in connection with any such Service Disruption Event. FSC GD is not responsible and shall not be held liable for the inaccuracy or incompleteness of any information received by the Customer in connection with data transmission, machine or software error or malfunction or from the Customer’s operating error or which originates from information obtained from Third Parties (other than such inaccuracy or incompleteness arising as a result of FSC GD's gross negligence or willful default).
f. FSC GD is not responsible and shall not be liable for the performance of any Third Party regardless of whether the Customer has made contact with such Third Party via the FSC Marketplace.
g. The local FSC National Office may offer services with respect to the FSC Marketplace which are optional for the Customer. Furthermore, the respective FSC National Office may provide further support to the Customer.
4. Incorporation of FSC Certification and Trademark Requirements/Guidelines
The FSC Certification and Trademark Requirements in force for a Certificate Holder who/which is also a Customer remain valid and are hereby incorporated and all provisions therein also apply while using the FSC Marketplace.
5. Using information about other Customers
The FSC Marketplace enables Customers to share personal and other information. FSC GD cannot guarantee that other Customers will respect the privacy and security of your information and therefore FSC GD encourages the Customer to evaluate the privacy and security policies of potential trading partners before entering into any transactions etc.
1. FSC GD is explicitly authorized by the Customer to reveal all data entries entered through the registration process and data entered into the system via “My Marketplace” and connected pages plus all further activities on the FSC Marketplace, his/her/its certification and trademark license data and product categories to the FSC Network to enhance the credibility and functionality of the FSC Certification Scheme and the related FSC Accreditation Program. The Customer agrees that this transfer may take place outside the European Union. The FSC Network may use this data to create statistical information about the system in general and may publish this information when aggregated.
2. FSC GD is explicitly authorized by the Customer to disclose personal information to respond to legal requirements and to enforce FSC’s policies. FSC GD is also authorized by the Customer to share personal and related certificate information with service or product providers, which are in a contractual relationship with FSC GD, FSC AC or one of its further subsidiaries. Service or product providers sign and accept a non-disclosure agreement and aid or further develop the FSC Network’s business operations.
3. FSC GD is explicitly authorized by the Customer to disclose personal and related certificate information to other business entities to provide a data sharing service for the purpose of improving market visibility and/or to assist FSC AC’s missions and goals to promote responsible management of the world’s forests.
4. FSC GD as well as the FSC Network are authorized by the Customer to process and use the name and address as well as email address and telephone number for direct marketing purposes, i.e. to promote the FSC Certification Scheme and FSC AC’s mission to promote responsible management of the world’s forests. The Customer may object to this use of the contact data at any time by sending an e-mail to firstname.lastname@example.org.
5. Without limiting the above and in respect to the Customers privacy, FSC GD will not disclose Customer’s personal information to any other party, unless it is required to do so by law or order of a court of competent jurisdiction or government department or agency or by the Customer’s explicit agreement.
1. Changes to this Agreement
FSC GD reserves the right to modify the Terms and Conditions and Policies of this agreement at any time upon its own discretion. The Customer will be informed about changes after any login to the FSC Marketplace and will in such a case be asked to accept it again.
a. The Customer may terminate this agreement with FSC GD anytime by notifying FSC GD electronically or in written form using the contact details at the bottom of this document. Agreements on confidentiality and non-disclosure remain valid.
b. FSC GD may terminate this agreement with the Customer anytime by notifying the Customer electronically or in written form. FSC GD may especially terminate this agreement with the Customer if
aa. it is deemed necessary to maintain the credibility, reputation, good name or any other important asset of FSC IC or the FSC Network and the FSC Certification Scheme, and/or
bb. if the Customer is in breach of the terms and conditions stated herein, and/or
cc. the Customer’s FSC certification becomes invalid or his/her/its Trademark License Agreement for the FSC Certification Scheme becomes suspended or terminated.
c. FSC GD reserves the right to close the FSC Marketplace and the services at its own discretion at any time. The Customer will be informed in this event and the existing agreement will thereby be terminated. Agreements on Confidentiality and Non-Disclosure remain valid.
a. Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provisions shall thereby not be affected.
b. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended commercially. The same applies in the case of an omission.
4. Law, Jurisdiction & ADR
a. Any claim, dispute or matter arising under or in connection with this agreement shall be governed and construed in all respects by the laws of Germany.
b. The parties shall settle amicably through direct negotiations any dispute, controversy or claim arising out of or relating to the present agreement.
c. Any ongoing disputes shall be finally settled according to the Arbitration Rules and the Supplementary Rules for Expedited Proceedings of the German Institution of Arbitration e.V. (www.dis-arb.de) without recourse to the ordinary courts of law. § 1059 ZPO (German Civil Law Procedure) will remain unaffected.
The place of arbitration shall be Cologne, Germany. The arbitration tribunal shall consist of one arbitrator. The substantive law of Germany shall be applicable to the dispute. The language of the arbitration proceedings shall be English.
D. Contact Information
Postal Address and further company details: FSC Global Development GmbH, Charles-de-Gaulle Strasse 5, 53113 Bonn, Germany Phone: 0049 (0) 228 36766 0, Fax: 0049 (0) 228 36766 30 Managing Director: Kim Bering Becker Carstensen Commercial register: Bonn HRB 15990 VAT-Ident-No: DE258067376