Site terms

By accessing and using this Site, the User agrees to these Site Terms without any reservation and agrees that these Site Terms constitute a binding and enforceable agreement between the User and the Provider.

The User also consents to the collection, use and disclosure of their personal information as outlined in these Site Terms when they send information to the Provider, through the Site or otherwise.

1. Definitions

Bold expressions in these Site Terms have meanings as follows:

External Site means any website not owned or operated by the Provider.

Provider means VALIPAT S.A. a Belgian Company with registered offices located on Rue de Livourne, 7, 1060 Brussels, Belgium, with Company Number 0806.735.439 and its subsidiaries (i.e. any company over which VALIPAT S.A. exercises a controlling power as defined in article 5 of the Belgian Companies Code), particularly ENVOY International Limited, a Scottish Company having its registered office at Delta House, Third Floor, 50 West Nile Street, Glasgow G1 2NP and registered under the number SC341761, and, unless the subject or context requires otherwise, includes any successor or affiliate of VALIPAT S.A. or ENVOY International Limited.

Services means the IP administrative services and IT functionalities offered by the Provider, possibly together with a subcontractor, including services in relation with:

  •  the grant of European patents, which include:
    • — the validation of European patents,
    • — the translation of claims to be filed in response to Rule 71(3) EPC,
    • — the registration of VALIPAT as address for service in jurisdictions having ratified the London Agreement and
    • — services in relation with Unitary Patents;
  • the entry into national and/or regional phase of PCT applications;
  • the filing of IP Rights applications in particular during the 12 months Paris Convention priority period;
  • the payment of patent annuities and trademark and design renewals;
  • the recordal of events affecting IP Rights;
  • the automated generation of Power of Attorney forms; and
  • the provision of on-demand services related to IP or to IP related software.
Site means the www.delegateip.com, www.valipat.com and www.envoyrenewals.com websites operated by the Provider.

Site Terms means the terms and conditions generally regulating the use of the Site. Such Site Terms may be accessed through the Site.

User means a natural person who visits, accesses or uses the Site for any purpose.

2. Generality

2.1. The Provider may revise the Site Terms at any time by updating the posting of this document on the Site. Revised Site Terms come into force on the following day after their publication on the Site.

2.2. If any provision of the Site Terms is inapplicable or contrary to a mandatory statutory provision, such inapplicability shall not affect the validity or enforceability of the other provisions.

2.3. The Provider shall use its best endeavours to ensure uninterrupted access to its Site and to protect it with all reasonable means.

3. Limitation of liability

3.1. The Site contains information of a general nature. While the Provider strives to keep the Site accurate and current, errors may occur and information may become outdated. The Provider offers no guarantee as to the reliability of any text or image published on the Site. The Provider does not warrant that the Site and any information, software or other downloaded material will be uninterrupted, error-free, omission-free or free of viruses or other harmful components.

3.2. All information on the Site is provided "as is" without warranty of any kind including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

3.3. The Provider may extract and display information to the User originating from External Sites for the provision of the Services e.g. bibliographic details of an IP Right based on an online form completed by the User. The Provider has no liability or responsibility for the accuracy, authenticity, completeness or relevancy of such data, which is provided as made available from the External Sites, nor for the use of such data.

4. Privacy

4.1. By accessing and using the Site, the User consents to the collection, use, storage and disclosure of any corporate or personal data as outlined in these Site Terms when they send information to the Provider, through the Site or otherwise.

4.2. The Provider may collect, use and store personal data about Users by reason of their use of the Site.

4.3. While the Provider maintains strict security standards and procedures to preserve the integrity of this information and to prevent unauthorized access, the User should review the corresponding provisions of the Site Terms for a full description of the Provider's information handling practices.

4.4. The Provider is committed to respecting the privacy of the User, its orders and the use it makes of the Site.

5. Information we may collect from you

5.1. The Provider may collect and process the following data about the User:

a. information that the User provides when completing forms and submitting documents on the Site;
b. correspondence with the User relating to information provided via the Site;
c. details of transactions that the User completes via the Site; and
d. details of proposed transactions (whether or not an instruction is placed).

6. Purpose of treatment

6.1. The Provider will use the User’s personal data for the purposes of:

a. providing one of the Services;
b. analysing requirements for Services to establish where the Provider might be able to improve its Services and/or make its Services more competitive;
c. undertaking general account management processes relating to the provision of the Services; and
d. statistical purposes.

6.2. The Provider will not use any User’s data for any purposes other than those set out above without the User’s consent.

7. Sharing your personal data

The Provider will not disclose any personal data provided by the User through the Site to any third party without the corresponding permission, other than to:

a. any subcontractors or agents engaged by the Provider for the provision of the Services; or
b. where required by law or made in connection with legal or regulatory proceedings.

8. Retention of data

The Provider will not hold any personal data for any longer than is reasonable for the above purposes. It is then deleted or made anonymous.

9. Conditions of treatment

The Provider undertakes to process all the personal data in compliance with the Belgian and European legal and regulatory requirements and, in particular, for natural persons, with the provisions of the law of 8 December 1992 on the protection of privacy in relation to the processing of corporate or personal data.

10. Your rights

The User is informed that, in accordance with the law, he/she has the right to access, to rectify and to delete any personal data collected.

Any request to this effect must be made in writing to the Provider.

11. Security

11.1. The Provider has taken reasonable steps to protect the User’s personal data against being accessed by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. Together with its technical partners, the Provider observes rigorous protection measures of its system in order to protect the data of its Users.

11.2. However, the User should be aware that any personal data submitted via the Internet is at the User’s own risk.

12. Cookies

12.1. The Site uses cookies. Cookies are simple text files that contain information and are stored on your computer. Site instructs browsers to download cookies to the computer of any User. The Provider uses functional and tracking cookies to run its web applications.

12.2. Functional cookies are used to make the Site more user-friendly. To serve this purpose, Users’ behaviour and some preferences are saved.

12.3. Tracking cookies are used for statistical purposes, including, amongst others, the use of Google Analytics software.

12.4. Users can disable cookies by changing the settings of their browser. If a User chooses to decline cookies, this may affect the effective use of any functionality provided by the Site.

13. Links

13.1. The Site may contain links to External Sites. The Provider is not required to maintain or update the links and makes no warranties and accepts no liability in relation to material contained on External Sites.

13.2. Links to or from an External Site should not be construed as any endorsement, approval, recommendation or preference by the Provider of the owners or operators of the External Site, or for any information, products or services referred to on the External Site unless expressly indicated on the Site.

13.3. Unless prohibited by any relevant law, an External Site may be linked to the home page of the Site, but not to any other part of the Site, provided that in the opinion of the Provider, the link is made for fair and reasonable purposes, is not detrimental to the Provider's reputation and does not take commercial advantage of the Provider's goodwill.

13.4. Permission to link to the Site may be withdrawn without notice.

14. Intellectual Property

14.1. The Site, all content on the Site (including, without limitation, the trademarks, designs, texts, graphics, software compilations and underlying source code) is owned by the Provider or licensed to the Provider and protected under Belgian and international copyright, patent and trademark laws.

14.2. The Provider’s registered and unregistered Intellectual Property rights may not be used for any purpose without the prior written permission of the Provider.

15. Rules for the provision and the use of the Site

15.1 Without the Provider's express written consent a User must not:

a. reproduce, duplicate, copy, download, sell or re-sell, visit or otherwise exploit for any commercial purpose any part of the Site;
b. frame or utilise framing techniques or other technology to display the Site, any content of the Site, or any of the Provider’s IP rights, on an External Site; or
c. use in a webpage any meta tag or other invisible or hidden text referencing the Provider name or utilising any of the Provider’s IP rights.

15.2. The User agrees not to:

a. use the Site, its content or the Provider’s IP rights for any illegal purpose;
b. use the Site in any manner or for any purpose that would breach relevant laws in any applicable jurisdiction (including the User's local jurisdiction);
c. upload or transmit through the Site any computer malware including viruses, trojan horses, worms, or other malicious code, or do anything designed to interfere with or disturb the normal operating procedures of a computer;
d. upload or transmit through the Site any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
e. use the Site in a way that may cause the Site to be interrupted, damaged or rendered less efficient or which may impair the effectiveness or functionality of the Site;
f. use the Site in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); or
g. interfere with or diminish the Provider's right, title and interest in the Site and the Services available on it.

16. Governing law

16.1. The Site Terms are governed by and to be construed in accordance with Belgian law.

16.2. The French speaking Courts of Brussels are exclusively competent to hear and determine any dispute relating to the relations between the Provider and the User.

16.3. However, nothing in this clause prevents the Provider from commencing proceedings in a different forum or jurisdiction if the Provider reasonably considers that the dispute would be better adjudicated in a different forum or jurisdiction.

17. Contact

Questions, comments and requests regarding these Site Terms are welcomed and should be addressed to the Provider in writing or by email at info@valipat.com.