This Find Your Fibre Expert Directory aims to create a searchable catalogue of fibre-to-the-home products and service technologies and solutions, by informing its users (“User”) on the products and services offered by the members of the FTTH Council Europe ( “Member”) and to connect the Member with such users through a dedicated contact form (“Service”).
The Service is provided to the Member (hereinafter also referred to as “You”) by FTTH Council Europe ASBL, a non-profit organisation, having its registered offices at Rue de la Presse 4, B-1000 Brussels, Belgium, registered at the Crossroads Bank for Enterprises under number 0867.660.545 (hereinafter “FTTH”).
These Terms and Conditions apply to the legal relationship between the Member and FTTH, when the Member uses the Service (hereinafter “Member Terms” or “Agreement”).
The legal relationship between the User and FTTH is governed by the User Terms, which can be found here.
Hereinafter the Member and FTTH may individually be referred to as “Party” and together as “Parties”.
1. creating an account
1.1 To register, access or use the Service, You must be part of the FTTH membership at the time of registration to the Service, and have settled any and all invoices that are due and payable to FTTH including, but not limited to, those related to membership fees.
1.2 An authorized representative of Member may create an account through the Service. When registering, Member must provide accurate and complete information as required by the Service.
1.3 FTTH may issue Member with a username and password. Usernames and passwords are confidential and remain the property of FTTH at all times and may not be sold, assigned or transferred to any third party without our permission.
1.4 Members are solely responsible for all activities performed through their account and for the safe use of the password, maintenance, confidentiality and all other such matters in regard to their account. Member will be and remain liable for the acts of any person using Your username and password.
2. Service and member page
2.1 FTTH acts as a mere intermediary to provide Users with background information on the fibre-to-the-home related products and services offered by Members. FTTH does not act for or on behalf of a Member, and it does not enter into any agreement with Users regarding the provision or sale of the products or services presented on the Service.
2.2 Member may use the Service by publishing a catalogue containing information on maximum five (5) fibre-based products and services that are commercialized by Member on a dedicated page on the Service (“Member Page”). The Member Page may contain texts, images, videos, links to external resources, and downloadable documents and contact information of Member’s sales representatives.
2.3 By filling out a dedicated contact form, the Service provides User with the possibility to get into contact with a Member in case user has further enquiries on a certain product or service (“Contact Form”). Any agreements concluded between a Member and a User are not covered by these Member Terms.
2.4 Member represents and warrants that all information Member publishes on the Member Page is accurate, up-to-date, does not contain any misleading or defamatory content, does not infringe the intellectual property rights of any third party and complies with all applicable laws and regulations. Member shall update the Member Page from time to time to ensure the accurateness of the information provided therein and correct the Member Page immediately upon becoming aware of any errors on it.
2.5 FTTH reserves the right, at its sole discretion, to remove information from the Member Page which violates these Member Terms or which, according to FTTH is unlawful, contrary to good practice, inappropriate, offensive or erroneous, or harmful to FTTH, Users or third parties.
2.6 FTTH further reserves the right to edit Member Pages to ensure a coherent lay-out and correct any typographical or grammatical errors.
2.7 FTTH reserves the right to disable the Service or a part of it due to maintenance, installation, modification, public order and safety, system overload or other similar cause.
3. Acceptable use
3.1 Member agrees to use the Service only for the purposes permitted by these Member Terms and any applicable laws, regulations or generally accepted policies or guidelines in the relevant jurisdiction.
3.2 Member shall not
3.2.1 engage in any activities through or in connection with the Service that: (i) harm, or attempt to harm, any individuals or entities; (ii) are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane or abusive; (iii) violate any right, including intellectual property rights, of any other party; or (iv) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
3.2.2 except as permitted by applicable law, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Service by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Service;
3.2.3 engage in any activity that interferes with the proper operation of the Service, its servers or networks, or otherwise causes harm to the Service, FTTH, or other Members or Users of the Service;
3.2.4 harvest, scrape, mine or otherwise collect or store any information or data by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device from the Service;
3.2.5 attempt to gain unauthorised access to the Service or other computer systems or networks connected to the Service; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization; or make the Service and/or Member Page available to any unauthorized third party.
3.3 Member is solely responsible for his/her electronic devices, communication devices and other such devices and matters such as hardware condition, internet connection, antivirus, backup, and other similar issues.
4. intellectual property
4.1 Member owns and retains all intellectual property rights in the content provided on its Member Page.
Member hereby grants FTTH a non-exclusive, non-transferable, worldwide, royalty-free right, for the duration of this Agreement, to use including reproduction and communication to the public all content provided on its Member Page, including the Member’s logo(s), trademarks, trade names and corporate names for the purpose of the promotion and presentation of the Member Page on the Service, including for the promotion and marketing of the Service itself.
4.2 Without prejudice to Article 4.1, FTTH owns and retains all proprietary rights in the Service and its components and content, and in all trademarks, trade names and other intellectual property rights related thereto.
4.3 Member shall not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of FTTH.
4.4 Any use of the Service and its components that are not covered by this article is strictly prohibited.
5. warranties and representations
5.1 Each Party warrants and undertakes to the other that it has full authority to enter into this Agreement and is not bound by any agreement with any third party that adversely affects this agreement.
5.2 The Member represents to FTTH and guarantees that all elements of text, graphics, photos, design, copyrights, trademarks or other works provided to FTTH that Member may use in its Member Page are owned by the Member or that the Member has adequate authorization from the rightholder to use each of these elements, and will hold harmless, protect and defend FTTH from any claim, suit, loss, expense or cost arising from the use of such elements furnished by the Member, including attorney’s fees.
5.3 The Service is provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
5.4 FTTH does not warrant and assumes no responsibility for the accuracy, appropriateness and/or completeness of any information available on the Service, including any Member Page.
5.5 FTTH does not guarantee that our website and/or the Service will be secure or 100% free from bugs or viruses or provide any guarantees regarding uptime or availability of the Service.
5.6 Member acknowledges that the ability to access our website and/or the Service may be temporarily suspended or interrupted while FTTH conducts maintenance work or if FTTH deems it necessary to do so for security or other reasons beyond our control, although FTTH will endeavour to provide prior notice and seek to minimise any inconvenience caused where reasonably possible.
6. limitation of liability
6.1 To the largest extent authorised by applicable law, the maximum aggregate liability of FTTH for any claim in any way connected with, or arising from, the Service or these Member Terms, whether in contract, tort or otherwise (including any negligent act or omission), shall be limited to the amount of the annual membership fee actually paid by Member to FTTH.
6.2 FTTH shall not be liable for any indirect, incidental or consequential damages, including, but not limited to, damages for loss of revenue, profits, business opportunities, data or information, arising under or in connection with these Member Terms, however caused and under any legal theory of liability, including, but not limited to, strict liability, contract, or tort and even if FTTH has been advised of the possibility of such damage.
6.3 To the largest extent as authorised by applicable law, FTTH disclaims any liability for the content, or the use of, any goods or services that may be identified or described on the Service, or any other information contained in the Service, including but not limited to errors, inaccuracies, omissions, or other inconsistencies herein. FTTH shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of, or reliance on, any content, goods or services available on or through the Service or any website or other resource referenced therein. Where the Service contains links to third party websites, applications and services not operated by FTTH, FTTH is not responsible or liable for the information or content on such third-party websites.
6.4 FTTH shall not be liable in respect of any damages, losses or expenses arising out of events not attributable to the wrongful intent or gross negligence of FTTH, including but not limited to (temporary or extended) non-availability and/or (temporary or extended) non-functioning of (parts of) the Service.
7.1 Member agrees to defend, indemnify and hold FTTH harmless, and FTTH’s respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Member’s use of, or inability to use, the Service; (ii) any content provided by Member on its Member Page; (iii) Member’s violation of these Member Terms; and (iii) Member’s violation of any third party right, including without limitation any intellectual property rights or data protection right.
8. force majeure
8.1 FTTH shall not be liable for any failure or delay to supply the Service caused by matters beyond our reasonable control and that we could not reasonably avoid, including fire, exceptionally adverse weather conditions, explosion, war, civil disorder, flood, industrial disputes (whether or not involving our contractors or employees), trade disputes or embargoes, the effects of any epidemic or pandemic, failures or interruptions of electricity supplies or unforeseen actions of local or central government or other authorities (“Force Majeure Event”). Where FTTH’s performance is impaired by a Force Majeure Event, we shall notify You as soon as possible and use reasonable endeavours to recommence performance as soon as possible.
9.1 Either Party may terminate this Agreement with immediate effect by giving 10-day prior written notice to the other party.
9.2 FTTH may also terminate this Agreement with immediate effect by giving written notice if:
9.2.1 Member violates these Member Terms;
9.2.2 Member has not paid its FTTH membership fees, is suspended or excluded from FTTH in accordance with Article 9 of the Statutes of FTTH, or if Member does no longer meet the conditions provided under Article 2 of these Member Terms;
9.2.3 Member is the subject of a bankruptcy order, has become insolvent or has ceased all of its business operations.
9.3 Upon the termination of this Agreement, your right to use the Service shall cease immediately and FTTH shall close Member’s Account and delete the Member Page.
10. data protection
11. applicable law and jurisdiction
11.1 To the largest extent as authorised by applicable law, these Member Terms and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) are governed by the laws of Belgium, without having regard to its conflict of laws rules.
11.2 To the largest extent as authorised by applicable law, the French-speaking court in Brussels has exclusive jurisdiction over any dispute or claim arising out of or in connection with these Member Terms or the Service.
12.1 Neither these Member Terms nor any rights and obligations hereunder will be assignable in part or in whole by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld.
12.2 Any term or condition of these Member Terms which is determined by a court or other governmental body to be unenforceable in any jurisdiction will, as to such term or condition and jurisdiction only, be deemed severed to the extent of such unenforceability and, subject to such severance, these Member Terms will continue in effect in accordance with its other terms and conditions.
12.3 These Member Terms constitutes the entire agreement between the Parties hereto relating to the subject matter hereof.
12.4 To the largest extent authorised by applicable law, FTTH reserves the right to change or amend these Member Terms from time to time. FTTH shall notify Member through email of such changes. The changes shall take effect 14 days after the notification.
12.5 All notices which are required to be given under these Terms shall be deemed to have been sufficiently given if in writing, if they are sent to the following address:
Address: FTTH Council Europe ASBL, Rue de la Presse 4, 1000 Brussels, Belgium