1. About This Document

Welcome to the website of TRECCERT. This website (www.treccert.com) is provided by TRECCERT GmbH (“TRECCERT”). This document sets out the terms and conditions applicable to your use of TRECCERT’s website. We may change our website and associated terms and conditions at any time without notice to you or your consent. Your continued use of the website constitutes your acceptance of such changes.

Please read these terms and conditions carefully before proceeding any further. If you do not agree with any part of the following terms and conditions you must not use this website.

2. Your Agreement to the Website Terms and Conditions

By visiting our website, or submitting any type of information to our website, you accept and agree to be bound by the terms and conditions set herein.

• You agree to use the Website only for lawful purposes and in a way that does not infringe on the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the website.
• You shall comply with all applicable laws, regulations, and rules related to the use of this website.You shall not access, store, distribute or transmit any viruses or any material during the course of your use of the Website that is unlawful or which is harmful to minors.

The content provided on the TRECCERT website is as of the date published and may be subject to subsequent changes. Content may be updated, modified or removed without notice at any time in our sole discretion.

3. Disclaimer

To the extent allowed by law, the site, services, and content provided by TRECCERT, along with any other materials or items via the site, are presented “as is” and “as available,” without any warranties. TRECCERT doesn’t imply endorsement or accuracy of the content or materials available or linked through the site, nor does it guarantee any specific outcomes from using the services. Any advice or information received from TRECCERT doesn’t create any warranty beyond what is explicitly stated in the terms of service. You use the services solely at your own risk.

TRECCERT, to the maximum extent permitted by law, disclaims all warranties and assumes no liability for (I) inaccuracies, errors, or mistakes in content or materials, (II) personal injury, property damage, or investment losses arising from using the website, (III) unauthorized access to our secure servers and/or stored personal information, (IV) any interruptions or cessation of transmission to or from the website, (V) any malware transmitted through the site by third parties, and (VI) errors or omissions in content or materials, or losses incurred as a result. TRECCERT makes no representations regarding the reliability, accuracy, or completeness of the content and materials on the website.

4. Intellectual Property Rights

You acknowledge and agree that all content and intellectual property rights related to the website, including but not limited to text, trademarks, graphics, logos, and services are and shall remain the sole property of TRECCERT GmbH. Unauthorized use of any TRECCERT intellectual property is strictly prohibited.

If you are a copyright owner or an agent thereof and believe that any content on this website infringes upon your copyrights, you may submit a notification pursuant to the European Union’s Copyright Directive. Please provide us with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to our designated copyright agent at the following address: complaints@treccert.com.

We will review and address all notices that comply with the requirements above. We encourage the submission of all such notices electronically for faster processing.

If the disputed material was posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

5. TRECCERT Membership and Account

In order to access certain features and services in the TRECCERT Member Section, you must register for a TRECCERT Member Account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

• Account Information: You represent and warrant that all information provided by you at the time of account registration is accurate, complete, and current. It is your responsibility to keep your account information up-to-date. You agree to promptly update your account information with any new information that may affect the accuracy of your account or profile. You are prohibited from using a username that impersonates another person or entity, or utilizes a name or trademark protected by the rights of someone other than yourself without proper authorization. Additionally, using a username that is rude, vulgar, or obscene is not allowed.
• Account Security: You are responsible for maintaining the security of your account, including keeping your password confidential. You should not disclose your password to any third party and should take reasonable measures to protect its confidentiality. You are responsible for any actions taken, or activities conducted through your account, whether or not authorized by you.
• Communications: When creating an account, you will be asked your consent to receive communications, including but not limited to emails, push notifications, and telephone calls, related to our services. You may opt-out of receiving communications through the account settings or by following the instructions provided in the communication.
• Reporting Unauthorized Use: You must immediately notify TRECCERT of any unauthorized use of your account or any other breach of security by contacting info@treccert.com. In the event of unauthorized access to your account, TRECCERT will take reasonable steps to address the issue, but you remain responsible for any potential damage or misuse occurring prior to notification.
• Account Suspension and Termination: TRECCERT reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. TRECCERT may also suspend or terminate your account if you are found to be in violation of these terms and conditions or for any other reason at TRECCERT’s sole discretion.

Please ensure the safety and security of your account information, as you are responsible for all activities that occur under your account, whether conducted by you or a third party.

6. Data Protection and Privacy

We respect your privacy and are committed to protecting the personal information you share with us. Please refer to our Privacy Policy for detailed information on how we handle and protect your personal information and comply with data protection laws.

7. Cookies

TRECCERT uses cookies to improve the user experience and ensure that it is functioning effectively. For more information on cookies and how you can manage them, please read our Cookie Policy.

8. Restrictions

You are expressly restricted from the following:

1. Publishing, distributing, sublicensing, reproducing, or using the contents of this website in any unauthorized way.
2. Modifying or creating derivative works based on the contents of this website.
3. Engaging in data mining, data harvesting, data extracting, or any other similar activity in relation to this website.
4. Using this website to engage in any form of marketing or advertising.

9. Publicity and Use of TRECCERT Name

Unless expressly permitted by TRECCERT, you may not use any information on the website in a manner that suggests partnership with, sponsorship by, or endorsement by TRECCERT without prior written permission from TRECCERT GmbH.

10. Modification of the Services

TRECCERT reserves the right to modify or discontinue, temporarily or permanently, the services provided on the website with or without notice. You agree that TRECCERT shall not be liable to you or any third party for any modification, suspension or discontinuance of the services.

11. Misrepresentation

You warrant that all information provided by you on this website is true, accurate, and complete. You will not impersonate another person or use a false name or a name you are not authorized to use.

12. Website and Service Availability

While TRECCERT strives to keep this Site and its Services accessible, we are not liable if they are unavailable for any reason. The Site may be temporarily or permanently suspended without notice due to security, maintenance, system failures, or other reasons (“Service Interruptions”), and you are not entitled to compensation for such interruptions. We do not guarantee service levels or uptime. Availability of our Services depends on your Internet Service Provider (ISP), mobile carrier, and device. You are responsible for complying with your ISP’s and mobile carrier’s terms, including data usage.

13. Purchases and Refunds

To purchase products, services, or register for events training through the TRECCERT website, you must provide pertinent information, such as credit card details, billing address and email. These Terms of Use, Privacy Policy, and Cookie Notice govern your purchase; please review them before ordering. Your order signifies your agreement to these terms. Additional terms may apply. TRECCERT reserves the right to change prices of available products and services without prior notice.

Select a payment method for TRECCERT products. Payment must be received before order acceptance, and we may request proof of payment. Confirm your purchase details, agreement to terms, and the authenticity of billing and payment information. Unauthorized use of payment methods for fraudulent or unlawful purposes may result in account suspension or termination.

Orders are offers to purchase TRECCERT products or services Purchase Price (as shown on the website) and are subject to our acceptance. We may refuse or cancel orders due to various reasons including product availability, suspected resale, description or price errors, or suspected fraud. Post-order, a confirmation email will be sent; contract formation occurs upon receipt. Contact us for queries.

We reserve the right to limit, verify, or cancel orders, and to require proof of identity. Ensure correctness of contact details, items ordered, payment method, and purchase price.

Fees exclude taxes. You’ll pay the price indicated at the time of purchase plus applicable taxes. Prices are in EUR. We are not liable for currency conversion rates or additional fees applied by payment providers, nor can we notify you in advance of tax changes. Unsuccessful payments may result in suspended access.

Comply with all laws and regulations. TRECCERT Content is for personal use and not for resale or export. Be aware of export regulations.

We may offer contests, sweepstakes, or promotions. Promotions have specific terms and cannot be combined. Payment details are required upon sign-up. Review cancellation and refund terms at the time of purchase.

Please refer to the information and chart below for refund eligibility:

• TRECCERT will refund any purchase for which TRECCERT fails to deliver the product or service, including training materials and certification fees.
• TRECCERT will not refund any purchase for which the product or service have been made available to the person making the purchase.
• You can cancel auto-renewal for subscription-based services anytime, maintaining access until the end of the subscription term. No partial term refunds or credits.
• To cancel auto-renewal, contact us with a written request at least 30 days before the next subscription term.
• Unless canceled, subscriptions auto-renew for successive terms at the then-current rate, where permissible by law.
• Subscription fees may change, with notice given prior to the end of the current billing cycle. Continuing service post-change implies agreement to the new fee.

Invoicing is available upon request for all purchases made on our website. Please contact us at operations@treccert.com to request your invoice.

14. Assignment

TRECCERT reserves the right to assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without obtaining prior written consent from TRECCERT.

15. Third Party Links

The Site may include links to third-party websites, which are not owned or controlled by TRECCERT. Featuring descriptions or links doesn’t mean we endorse these third-party services.

TRECCERT doesn’t have control over, nor does it take responsibility for the content, privacy policies, or practices of third-party websites. Furthermore, TRECCERT cannot censor or edit third-party content. Your use of any third-party website is at your own risk, and TRECCERT is not liable for any issues arising from such use. We advise you to review the terms and privacy policies of any third-party websites you visit.

16. Severability

If any provision of this document is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

17. Indemnification

By agreeing to abide by these terms and conditions, you agree to indemnify, defend and hold harmless TRECCERT, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

18. Liability

You acknowledge that you use the site at your own risk. TRECCERT and its affiliates, officers, directors, employees, and agents disclaim all liability for any loss or damage, including but not limited to direct, indirect, incidental, or consequential damages, loss of profits, data, or business interruption, that you or any third party may experience due to the use or inability to use the site, or as a result of any content or conduct related to this site and any linked sites, including any damage caused by viruses.

You agree to resolve any issues individually and not through class action, and your exclusive remedy is to stop using the site. If any law restricts the exclusion of warranties or limitation of liability, TRECCERT’s liability is limited to the amount you paid to use the site or 100 EURO, whichever is lower.

19. Dispute Resolution

By interacting with this Site, you consent, where legally permissible, to resolve any disputes or claims arising from or related to the Site individually and not through class action. Compensation claims are restricted to reasonable, actual out-of-pocket costs.

Arbitration (for North American users): In cases where no agreement is reached within 60 days through informal dispute resolution, either party can initiate binding arbitration per the prevailing rules of JAMS. The arbitration must apply Illinois law in line with the Federal Arbitration Act. TRECCERT will cover the claimant’s arbitration fees if they are prohibitively high compared to litigation costs.

Class Action & Class Arbitration Waiver: Arbitrations must be conducted in your individual capacity and not as part of any class or representative proceedings. If you disagree, do not use this Site.

Waiver of Jury Trial: By using this Site, you waive rights to trial by jury or court. You agree that disputes will be resolved through binding arbitration. You waive any right to claim punitive, incidental, or consequential damages or to have damages increased.

California PAGA Exception: Relief under California’s Private Attorneys General Act can be sought in a court of law.

Opt-Out Right: You can opt out of the arbitration and class action waiver by emailing us at operations@treccert.org within 30 days of accepting these Terms.

20. Examination and Certification

Our policies and rules regarding examination and certification are specified in the CERTIFICATION RULES AND POLICIES and EXAMINATION RULES AND POLICIES sections of our website.

21. Governing Law and Jurisdiction

This document shall be governed by and construed in accordance with the laws of Germany. Any disputes arising out of or in relation to the website or these terms and conditions shall be subject to the jurisdiction of the courts of Germany.

22. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact us at info@treccert.com.