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Terms & Conditions

General terms and conditions

 

These are the terms and conditions that govern the relationship between EDAA and you whilst using the YourOnlineChoices website or accepting the YourOnlineChoices preference cookie.

 

The EDAA is a non-profit association (AiSBL) based in Brussels with company number BE 0846.790.105.  Our registered office is at Rue des Deux Eglises 26 | 1000 Brussels.

 

The YourOnlineChoices website is available at www.youronlinechoices.eu, http://www.youronlinechoices.com, www.youronlinechoices.eu/uk/ and www.youronlinechoices.com/uk/. You may visit the YourOnlineChoices website directly via a link from a third party website or via the OBA Icon.  The OBA Icon looks like this , and you may frequently see it within or around advertising that you see on web pages.

 

Within these terms “we” or “us” or “our” means us, EDAA; and “you” and “your” means you and any other person that accesses the YourOnlineChoiceswebsite or makes a choice regarding Online Behavioural Advertising through the consumer choice platform on YourOnlineChoices through your browser or device, or (in the case of businesses) accepts a preference cookie through a visitor’s choice.

 

You should also review our privacy policy http://www.youronlinechoices.com/uk/protecting-your-privacy which will apply as part of these general terms and conditions.

 

Your YourOnlineChoices preferences

 

One key function of the YourOnlineChoices website is toprovide participating companies with your preferences in relation to Online Behavioural Advertising.  We acknowledge your preferences and we pass them on to the advertising networks and other participating member companies listed on the YourOnlineChoices platform page http://www.youronlinechoices.com/uk/your-ad-choices.

 

In order to use the YourOnlineChoices website it is necessary for each participating company to place a cookie on your web browser, the preference cookie, so that we may remember your selections.  Details about cookies may be found on our privacy policy http://www.youronlinechoices.com/uk/protecting-your-privacy.  If you use the YourOnlineChoices website using a different computer or web browser, or clear/delete your cookies then we will not be able to remember your preferences and you should go back to the YourOnlineChoices website to re-select your preferences. Further, the YourOnlineChoices website will not function properly if your browser is set to block cookies as your preferences cannot be saved without the use of the preference cookie.

 

Although we will use reasonable commercial endeavours to pass your preferences made on the YourOnlineChoices website to the relevant companies who are listed on the website at the time your preferences are made, the YourOnlineChoices website is provided on an “as is” and “as available” basis, and we make no representations, warranties, conditions, guarantees or other terms that your selections will be, or will remain effective.  If your selections do not prove to be effective, then you may make a complaint and seek redress through the website, http://www.youronlinechoices.com/uk/make-a-complaint.

 

Your obligations

 

You must behave, and you must use the YourOnlineChoices website in accordance with all applicable laws and regulations and in a manner that would be expected of a reasonable, responsible and careful individual.

 

You must not use the YourOnlineChoices website or allow the YourOnlineChoices website to be used for:

(a)           unlawful or illegal activities, or to commit criminal acts and/or activities;

 

(b)           any form of communication of an illegal, improper, obscene, indecent, libelous, defamatory, menacing, offensive, undesired or unsolicited nature or which causes annoyance, distress or needless anxiety or breaches public order and/or public decency or any applicable legislation concerning racial hatred;

 

(c)            any activity which may violate the privacy or data protection rights of other clients/subscribers or third parties;  and

 

(d)           distributing viruses or other malware or in any way disrupting communications or data storage or otherwise causing damage or destruction to the YourOnlineChoices website or restricting or impairing the use or capacity of the YourOnlineChoices website for other users or third parties, including by causing unnecessary overloading of the website  through large, unwarranted data traffic flows (flooding, spamming, etc.).

 

You undertake to respect the intellectual property rights (including without restriction, the copyrights, trademarks, patents, design rights and rights to databases) belonging to us or our licensors.

 

You shall indemnify and keep us harmless on demand against any liability, damage, expense, claim or cost (including reasonable legal costs and expenses) determined arising from any breach by you of the obligations in this Section.

 

Should You be aware of the YourOnlineChoices website infringing your intellectual property rights, proprietary rights or any other rights, then you should notify us promptly via the provided contact details below.

 

Links

 

Some links on the YourOnlineChoices website will allow you to connect with websites that are not under our control. EDAA is providing these links only as a convenience. The appearance of a link does not imply an endorsement by EDAA, nor is EDAA responsible for the contents of any linked website. You access them at your own risk.

 

Limitations and exclusions of liability

 

EDAA expressly disclaims any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

 

Save as provided below, EDAA disclaims all, and shall not be liable in contract, tort (including, without limitation, negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with the YourOnlineChoices website and these terms and conditions for: (a) consequential, indirect or special loss or damage; (b) any loss of goodwill or reputation; or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case whether advised of the possibility of such loss or damage and howsoever incurred.

 

Save as provided below, the maximum liability of EDAA in contract, tort (including, without limitation, negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with this Agreement, and each part thereof, including its execution and performance, shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period, be limited to  5 Euros.

 

Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their agents or employees acting in the course of their duties or exclude or limit any liability of a party that may not be excluded under applicable law.

 

General terms

 

Force majeure:A force majeure event means any event which is beyond our reasonable control. Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms and conditions, those obligations will be suspended for the duration of the force majeure event.

 

Assignment and Sub-contracting: You may not assign, transfer, charge or license the whole or any part of Your rights and/or obligations under these terms and conditions to any party.

 

Relationship: Nothing in these terms and conditions shall be deemed to create a partnership or joint venture or contract of employment of any kind betweenyou andus nor shall it be deemed to grant any authority not expressly set out in the terms and conditions or create any agency between you andus.

 

Entire agreement:You confirm that these terms and conditions set out the entire agreement and understanding with us and that it supersedes all previous agreements, arrangements and understandings betweenyou and us relating to the subject matter of theterms and conditions. You confirm that you have not relied upon any statement, representation or understanding that is not an express term of these terms and conditions and shall not have any remedy in respect of any statement, representation or understanding which is not an express term unless made fraudulently.

 

Waiver: No failure or delay exercise by any party in exercising any right, power or remedy under these terms and conditions will operate as a waiver of that or any other right, power or remedy nor will any single or partial exercise by Us of any right, power or remedy preclude any further exercise of any other right, power or remedy by Us.

 

Severance: To the extent that any provision of these terms and conditions is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of theseterms and conditions, it shall not affect the validity, lawfulness or enforceability of the remainder of these terms and conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

 

Time of the Essence: Time shall not be of the essence except where it is expressly stated to apply.

 

Rights of Third Parties: Nothing in these terms and conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these terms and conditions.

 

Miscellaneous: The rights and remedies of the parties under these terms and conditions are cumulative and in addition to any rights and remedies provided by law. Any variation to theseterms and conditions must be in writing and agreed by the parties. These terms and conditions may be executed in counterpart and via electronic writing.

 

Governing law: These terms and conditions shall be construed in accordance with the laws of Belgium and each party hereby irrevocably submits to the non-exclusive jurisdiction of the courts of Brussels.

 

Final provisions

 

Our Complaint Policy

 

We will resolve any problems which have been reported to us and which we are able to remedy as quickly as possible. If you are not satisfied with the response or solution offered, you should contact us at the below address.

 

Contact Us

 

For more information, or if you have any questions about these terms and conditions, please contact EDAA via email: privacy@edaa.eu

 

We are the European Interactive Digital Advertising Alliance (EDAA)
Our registered office is Rue des Deux Eglises 26 | 1000 Brussels
Our company registration number is BE 0846.790.105

 

Our VAT number is BE 0846.790.105