The  www.courtprocedure.eu website (hereinafter referred to as the “Website”, including also the www.europeancourtprocedure.eu wesite) is operated by Altemate Europe Limited Liability Company (registered seat – 1066 Budapest Dessewffy utca 43, Hungary; Company registration number – 01-09-370103; VAT number – HU27978306) (hereinafter referred to as the “Altemate”).

The use of this Website by any individual or entity is subject to full compliance with these Terms of Use and to our Privacy Policy. Users shall read both these documents carefully before start using the Website or purchase any of our Products. If you do not agree with any of these terms, please exit the Website. The Website reserves the right to deny access to any person who violates these Terms of Use.

1. TERMS

Altemate: Altemate Europe Limited Liability Company (registered seat – 1066 Budapest Dessewffy utca 43, Hungary; Company registration number – 01-09-370103; VAT number – HU27978306).

Authors: The authors of Products offered on the Website.

Website: The www.courtprocedure.eu and www.europeancourtprocedure.eu domains and the entirety of the content that is made available on these domains.

Book: European Court Procedure – a Practical Guide (2020 © Viktor Luszcz) published by Bloomsbury – Hart Publishing, Oxford.

Product: Documents in pdf or ebook formats that are offered on the Website, excluding the Book.

Content: The Products and any portion thereof.

Purchase: The purchase of Product(s) on the Website.

Visitor: Natural persons who are merely browsing the Website without purchasing any Product, with or without registering.

Customer: Persons who purchase Products on the Website, with or without registering.

User: Joint denomination for Visitors and Customers.

Privacy Notice: The Privacy Notice published on the Website related to the management of Users’ personal data and ensuring compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and other applicable legislation.

2. PURPOSE OF THE WEBSITE

Altemate is an independent private company founded in 2020 for the purposes of operating the Website. Altemate is unrelated to the publisher of the Book.

On the Website, updates to the Book and other related legal materials are published by Altemate, which, together, constitute the Products. Visitors may obtain general information on the Book and on the release of Products by browsing the Website without the need for registration, they may search among these by various criteria, and may choose to purchase one or several of the Products, thereby becoming Customers.

3. PRODUCTS

The first category of the Products offered on the Website are periodic updates to the Book. Updates consist of replacement paragraphs that take the place of outdated paragraphs in the Book and additional information; all these are structured by reference to section headings and paragraph numbers in the Book. Since updates do not contain the text of the Book, they are not self-standing materials and are only useable together with the copy of the Book.

The second category of Products is made up by additional materials which relate to the procedure of the EU Courts or national courts of the Member States. These materials may supplement the Book or constitute self-standing Products.

Information on whether a Product can be used on its own or is only useable together with a copy of the Book is provided in the description of each Product on the Website.

The publisher of the Products is Altemate. The Book itself is not among the Products and Altemate is neither the publisher nor a vendor of the Book.

4. INTELLECTUAL PROPERTY OWNERSHIP

The courtprocedure.eu and europeancourtprocedure.eu domains, as well as the copyright over the courtprocedure.eu logo and all graphical elements and the structure of the Website is held by Viktor Luszcz or Altemate, except for the cover design of the Book.

IMPORTANT: We fully respect copyright laws and content, therefore we only offer Products whose copyright is held by Altemate or the Authors of the Products. Before publication on this Website, the Authors of particular Products have authorised Altemate to publish the Product on the Website.

5. COPYRIGHT COMPLAINTS

The Website respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact us immediately at info@altemate.eu.

6. USE OF PRODUCTS AND COPYRIGHT PROTECTION

6.1. Authorised Use

The Products can be accessed and used solely for the purposes of the relevant individual Customer’s own use. To that effect, each copy of the Products, whether displayed on screen, downloaded or printed, is digitally linked with a particular Purchase and a particular Customer inter alia via a Product ID. For corporate purchases, please enquire via info@altemate.eu.

Where the Website offers certain Products for downloading or printing, Customers are allowed to download and/or print such Products or parts thereof solely for their own use, provided that they do not change or remove any trademark, copyright, code, Product ID or other notice from such materials.

Use for business purposes

Authorised use includes use for business purposes, namely legal research and preparation of memoranda, case notes, pleadings and other non-public documents that constitute legal advice for the Customer’s clients (“legal advice”). In this regard, we consent to the summing up, incorporation or reproduction of limited portions of the Products by Users in such non-public documents or emails sent to clients in accordance with fair practice and to the extent required by specific professional purpose. In the framework of legal advice, Customers are authorised to reproduce extracts of the Content of up to 200 words without quotation references and up to 1000 words by following quotation rules, i.e. by indicating the source Product, the Author and the publisher. Such reproduction must be specifically linked to the particular legal issue that is the subject-matter of legal advice. It is, on the other hand, prohibited to reproduce Content with the aim or effect of circumventing and/or infringing copyright protection and making Content available to persons not concerned with a particular task of legal advice or to an entire company or organisation, or the creation of an external or internal database.

Use by Customers working for public bodies

Authorised use includes use for legal work carried out by Users working for public bodies. We consent to the summing up, incorporation or reproduction of limited portions of the Products in non-public (internal) legal documents (such as analyses on particular legal issues, court documents, hereinafter “legal analyses”) in accordance with fair practice and to the extent required by specific professional purpose. In such legal analyses, Customers are authorised to sum up, incorporate or reproduce extracts of the Content of up to 200 words without quotation references and up to 1000 words by following quotation rules, i.e. by indicating the source Product, the Author and the publisher. Such reproduction must be specifically linked to the particular legal issue examined in the legal analysis. It is, on the other hand, prohibited to reproduce Content with the aim or effect of circumventing and/or infringing copyright protection and making Content available to persons not concerned with a particular task of legal analysis or to an entire organisation, or the creation of an external or internal database.

Citations in academic works

In line with the general rules governing quotations of works covered by copyright, we consent that portions of the Products be quoted in academic papers or scientific publications, provided that, in particular, the use of the Content is in accordance with fair practice, does not go beyond the extent required by the specific purpose, and the source Product, the Author and the publisher are duly indicated.

Teaching and training

Reproduction of the Content for teaching or training purposes is not generally permitted, it is subject to prior authorisation by Altemate or the Author of the Product. To enquire about authorisation, please contact us at info@altemate.eu. The grant of authorisation is at the full discretion of Altemate and/or the Author and may be subject to further conditions. Without prior authorisation, it is prohibited that portions of a Product (purchased by the teacher or trainer) be reproduced for teaching or training purposes and/or be made available to participants of a course.

6.2. Non-authorised Use and Copyright Protection

Apart from the use specified in point 6.1. Authorised Use, no other use is permitted without prior written permission by Altemate. Users are strictly prohibited from, for example, republishing any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, book or other form of media. Users may not distribute any Content to others, whether or not for payment or other consideration, and may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content for any purpose not explicitly authorized herein. Users may not scrape or otherwise copy the Content without permission, nor furnish printed copies or scanned versions of the Products to other persons. Any unauthorised reproduction, distribution, sharing, making copies of the Products or parts thereof or making these available on the internet is a breach of applicable copyright legislation.

In order to ensure appropriate copyright protection, each copy of the Products bears a Product ID that allows the identification of the Purchase through which a particular Customer has bought a copy of the Product. By purchasing Products from the Website, the User consents that his or her name may be indicated on the copy downloaded or printed by him or her and/or that the downloaded or printed copy bears an automatically generated Product ID or other code that allows the identification of the particular Purchase and the Customer who purchased the Product.

For the same purposes, access to a particular copy of a Product is limited to a particular Customer and may be limited without further notice to a certain number of IP addresses or made conditional on the use of Product keys, given to the Customer at the time of Purchase. Sharing the Product key by a particular Customer with other, non-authorised persons constitutes copyright infringement under applicable laws and entails legal responsibility of that Customer.

7. NOTIFICATIONS AND REGISTRATION

On the Website, Users may submit their name and email address and subscribe to email notifications on the release of new Products. They may also register by creating a username and a password. These activities are free of charge. Users may unsubscribe from email notifications or delete their registration at any moment. The detailed terms of data management and protection are described in the Privacy Notice published on the Website.

8. TRANSACTIONS AND PAYMENT ON THE WEBSITE

Users of the Website may Purchase one or more Products. Credit card transactions at the Website are handled by a third party payment service provider, Barion Inc (name: Barion Payment Zrt., registred seat: 1117 Budapest, Infopark sétány 1. I. ép. 5. em. 5, Hungary). The payment service provider uses its best efforts to make payment transactions as secure as possible. Altemate also uses its best efforts to clear any potential issues raised by its Customers concerning payments. Nevertheless, Altemate cannot be held liable for the safety and other related issues of credit card processing or other payment methods. As discussed in the Privacy Policy, Altemate or the Website do not store or have access to confidential credit card data of Users.

9. REFUND POLICY

Claim for full refund of the purchase price can be made within 3 calendar days after Purchase by sending an email to info@altemate.eu. The purchase price is refunded on condition that technical errors of the Website make access to the Product purchased impossible for more than 24 hours. Refund will be made as soon as possible and in all cases payment shall be initiated within 4 weeks after the claim for refund was approved by Altemate.

Where downloading a product is possible and the Customer had already successfully downloaded the Product purchased, later technical errors on the Website that render repeated online access impossible do not justify any refund.

10. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

While Altemate uses reasonable efforts to publish accurate and up-to-date information on the Website, it makes no warranties or representations as to the accuracy of the Content and shall assume no liability or responsibility for any error or omission in the Content.

USE OF THE WEBSITE IS AT THE USERS’ OWN RISK. ALL CONTENT IS PROVIDED AS IS AND AS AVAILABLE. ALTEMATE, ITS QUOTAHOLDERS, MANAGEMENT, EMPLOYEES, CONTENT PROVIDERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE WEBSITE AND THE CONTENT.

USERS ARE ADVISED TO VERIFY THE CORRECTNESS OF THE INFORMATION CONTAINED IN THE PRODUCTS. ALTEMATE AND THE AUTHORS CANNOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, THAT A USER MAY CLAIM TO HAVE SUFFERED BY REASON OF ANY ERROR OR OMISSION IN THE PRESENTATION OF LEGAL MATERIALS IN THE PRODUCTS.

11. CHANGES TO THESE TERMS OF USE

Altemate reserves the right to change these Terms of Use at any time at its own discretion and to notify users of any such changes solely by changing these Terms of Use. The continued use of the Website after the posting of any amended Terms of Use shall constitute the User’s agreement to be bound by any such changes. The use of this Website prior to the time this Terms of Use was posted will be governed according to the Terms of Use that applied at the time of your use.

These Terms of Use were last updated on 26 October 2020.

12. JURISDICTION

Any cause of action against Altemate shall be filed with the competent court within 3 months of the time in which the events giving rise to such claim began. No such claim may be brought as a class action or similar legal instrument. The ordinary courts of Hungary shall have exclusive jurisdiction to decide any dispute arising out of or in connection with these Terms of Use, the use of the Website and/or any User’s agreement with Altemate.