Version: September 2023

1 Definitions and field of application

1.1 UIRR SC

We are: International Union for Road-Rail Combined Transport, cooperative company, with its registered office at rue Montoyer 31/11 in 1000 Brussels, Belgium, registered in the Belgian Crossroads Bank for Enterprises under the number 0443.774.307 (hereafter “UIRR” or “we”).
E-mail address: headoffice.brussels@uirr.com
Website: www.uirr.com
VAT Number: BE0443.774.307

1.2 Applicability and purpose of our Website, Registers, the Service and these Terms

These Terms lay down the conditions governing the reservation and use of ILU-Keys, the access to and use of the ILU-Key Register (hereafter the “ILU-Key Register”), the ILU-Tech register (hereafter the “ILU-Tech Register”), both registers herein also referred to as the “Registers” or individually as a “Register”, available via www.ilu-code.eu (hereafter referred to as the “Websites” or the “Website”) and related services and software.

a) In relation to the ILU-Key register:

In accordance with the EN 13044-1 standard, UIRR is the official Administrator of the ILU-Owner identification code also known as the ILU-Code Owner-Key (hereafter “ILU-Key”) and allocates ILU-Code Owner-Keys for the marking of intermodal loading units (hereafter “ILU” or “ILUs”) used in Europe (as for example: swap bodies, non-ISO containers, craneable and non craneable semi-trailers). The ILU-Code, composed by 4 letters (ILU-Key) and 7 digits (ILU-registration) is an official identification method enabling to codify in a unique manner ILUs and to verify the identity of the owner of such ILUs.

The ILU-Key will at all times remain property of the UIRR as the Administrator of the ILU-Keys. The holder of one or several ILU-Keys (hereafter “ILU-Key Holder”) will have the sole right of use of this(these) ILU-Key(s), pursuant to the present Terms and Conditions (hereafter the “Terms”) and any condition that UIRR would add to the present Terms.

The services relating to the ILU-Key Register (hereafter the “Service” or the “Services”) consist of the provision of ILU-Keys to Users of the ILU-Key Register and Website (hereafter the “User” or “Users”) and of the overall administration of the ILU-Key Register, which contains the identification data of ILUs and their owners. UIRR reserves the right to integrate other Services to the ILU-Key Register and Website and to share data published by the ILU-Key Holders with third parties (including for commercial purposes).

Every visit to the ILU-Key Register and Website, every registration for an ILU-Key, and every other use of the ILU-Key Register, Website and Services automatically implies that the User accepts these Terms including the Privacy and Cookie Policies.

b) In relation to the ILU-Tech register:

Besides the ILU-Key Register, UIRR also develops and operates a reference file for the sector (with separate register) under the name “ILU-Tech”, always to be in line with the provisions of Commission Implementing Regulation (EU) 2021/541 of 26 March 2021 amending Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union.

Any adding, amending of or replacing legal Act to the Regulation referred to in the previous paragraph is deemed to be automatically incorporated by reference into these Terms and these Terms will automatically amend accordingly. The legal content thereof will form a legal basis for the processing of data. Data of the ILU-Key Register may be used for the ILU-Tech Register, e.g. to meet and improve content requirements.

Every visit or reference to the ILU-Tech Register and Website, every registration relating to the ILU-Tech, and every other use of the ILU-Tech Register, Website and Services automatically implies that the entity/individual doing so accepts these Terms including the Privacy and Cookie Policies. Thereby, the provisions and applied terminologies or defined terms in relation to the ILU-Key Register are deemed to also apply mutatis mutandis also to the ILU-Tech Register.

1.3 The Owners

Only owners and keepers of ILUs (hereafter “Owner” or “Owners”) to be identified and marked by an ILU-Code are allowed to apply for ILU-Keys.

The term “Owners” includes not only the actual owner of an ILU but also a lessee or an operator of ILUs, provided such lessee or operator exercises full and exclusive control over ILUs as if it was the actual owner.
The same Owner may reserve several “ILU-Keys”.

An Owner may be registered by an applicant who does not, at the time of the registration, own ILUs or does not yet mark his/her ILUs with the ILU-Key applied for, provided the application is made with the bona fide intention of using the ILU-Key applied for within a reasonable time limit.

1.4 Using the Register and Website

Owners and Users explicitly agree to refrain from attempting or engaging into the following activities while using the Register and the Website:

a. Sending spam or other unsolicited e-mails or messages;

b. Uploading or spreading viruses, malware or other malicious software through the Register or Website;

c. Impersonating another person or entity or otherwise misrepresenting their affiliation with a person or entity, hiding or attempting to hide their identity;

d. Harassing, slandering, insulting or abusing other Users ;

e. Interfering with the proper functioning of the Register or the Website in any way; and

f. Interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Register or Website.

Owners represent and warrant that all data and content that they upload on the Register and the Website will be correct, complete and lawful. Owners agree that they will not post any data or other content that is or might be incorrect, false, inaccurate, misleading, libelous, defamatory, privacy-breaching, or otherwise unlawful.

Owners waive, to the fullest extent permitted under applicable law, their moral rights on the data and other content posted on the Register or the Website. Owners promise not to assert such moral rights or any other intellectual property or publicity rights against UIRR, its sub-licensees, or its assignees.

UIRR has the right, but not the obligation, to screen data uploaded or posted by Owners on the Register and the Website. UIRR reserves the right to remove or delete any content that it believes violates these Terms or any law or regulation or that it believes might be harmful to UIRR, its Users or any third party. UIRR will not be deemed responsible or liable for any data or content uploaded by Owners on the Register or Website or for the removal of such content.

The listing of any information, data or content on the Register and the Website does not constitute an endorsement or recommendation thereof by UIRR. Only the details of the identified “contact person” by the Owner may be published on the Register.

UIRR reserves the right to block access or suspend any user account of an Owner, unilaterally, immediately, and without forewarning, for any Owners who fail to observe these Terms or the Register’s Privacy & Cookie Policies. Every Owner and User is solely responsible for the activity that occurs on its account. Any physical person that creates an account in the name of a moral person or company must be duly authorised to do so. The password and login details to upload information to the Register are strictly personal to the Owner. An Owner may not transfer, communicate or sell these personal details to other persons.

UIRR reserves the right to take any action regarding the Register, the Website or the Services if UIRR believes such action is necessary or appropriate because the Owner/User endangers the Register, the Website or the Services for other users or jeopardises the liability of UIRR or a third party or because the Owner/User violates applicable laws or these Terms.
The Owner/User must indemnify UIRR (and other users or third parties) for any breaches by the Owner/User (or through the user's account) of these Terms, or of the rights of UIRR, other users, third parties, or the law. Every Owner/User is responsible for its interactions with other users. UIRR reserves the right to monitor disputes between users, without having an obligation to do so. UIRR cannot be held liable for the (mis)conduct by users towards other users.

At any time and without notice, UIRR is allowed to change its Services, Website or Register, partially or in whole; to stop providing its Services, Website and Register or features thereof to a specific user or to users in general; to create usage limits for its Services, Website or Register; and to sell or transfer the Register, Website or the Services (or parts thereof) or the contractual relationship with the User to a third party. The Users must agree with such a sale or transfer.

The Users of the Register, Website and Services are solely responsible for the suitability and maintenance of their technical material such as computer, Internet access, etc. The Users are also solely responsible for installing and updating antivirus systems, firewalls, and other protective technologies to prevent material damage.

1.5 The Territory

Pursuant to the European Standard EN 13044-1, the usage of the ILU-Code is limited to the ILUs that are circulating in the European region only, whereby “European region” must be understood as European countries and neighbouring countries which may be reached by road, rail, inland waterways or short sea shipping. The operations should be realised from (origin) / to (destination) CEN member countries.

2 Registration procedure (ILU-Key)

2.1 Registration of the applicant

Before an applicant can apply for an ILU-Key, the registrant must fill in the registration form on the Website, providing the mandatory information on the company that will later become the ILU-Key Holder and registering at least the user defined as "Contact Person". UIRR will verify the legal existence of the applicant and check whether all conditions for applying for an ILU-Key are fulfilled.

If the applicant does not meet the applicable conditions, UIRR will reject the registration.

An applicant’s registration may be refused for the following reasons (this is a non-exhaustive list):

• The applicant does not provide the requested data for identification or provides incomplete or incorrect data;

• The applicant tries to register several times by using different names or a name of another person or legal entity;

• The applicant fails to fulfil one or more of the obligations mentioned in these Terms or provided by the law, or has failed to do so in the past;

• Any other reason on the basis of which UIRR can reasonably judge that the registration cannot be accepted.

When creating an account, the applicant must provide the requested information accurately and completely and, after registration, must keep this information accurate and up to date. For the needs of the registration and the execution of these Terms, UIRR has the right to request from the applicant any document or information of any kind necessary for the conclusion of the agreement or for the continued existence of the contractual relationship.

2.2 Application and choice of an ILU-Key

If the applicant meets the conditions, he/she may apply directly for an ILU-Key of his choice (4 letters). When acknowledging receipt of the online application, UIRR will state if the ILU-Key is available. If not, the applicant will be invited to submit a new proposal.

2.3 Allocation of an ILU-Key

Once payment of the reservation fee is received, UIRR will issue a registration certificate by e-mail and by communication through the Website or, in case the applicant has chosen this option, by mail within 15 working days. In this way, the applicant becomes an ILU-Key Holder. For new certificates issued at the time of the first ILU-Key registration, the validity of the ILU-Key starts on the date of approval by UIRR. For certificates issued on renewal of an ILU-Key, the validity of the ILU-Key starts from the day after the last expiry date.

The registration certificate is not a certificate of ownership of an ILU-Key but acknowledges that the four-letter combination has been allocated to the ILU-Key Holder according to the standard EN 13044-1. As a consequence:

• the ILU-Key Holder may mark all his ILUs for use in Europe with the corresponding unique ILU-Codes as from the date of receipt of the ILU-Key certificate;

• the protection of exclusive usage rights to the ILU-Key is granted by UIRR to the ILU-Key Holder. In case of an unauthorised use of an ILU-Key by another company, the ILU-Key Holder is invited to inform UIRR and provide all available information in order to enable UIRR’s intervention;

• each ILU marked with an ILU-Code is officially Europe-wide known to be owned or operated by the Owner as listed in UIRR’s ILU-Key Register of “ILU-Keys”, with all responsibility and liability (legal, commercial, damage, insurance, etc.) associated with such ownership or operation.

In case of a transfer of ownership of one or several ILU(s), the above-mentioned responsibility and liability will remain with the ILU-Key Holder until:

• the ILU-Code marking is removed from the ILU(s), or,

• the ILU-Code marking is changed for another, of which the ILU-Key is duly registered by UIRR and held by the new Owner, or,

• the ILU-Code marking remains unchanged but with a duly registered new ILU-Key Holder, as a result of the transfer.

2.4 Publication of data to the Register

The Data of each ILU-Key Holder will be published to the ILU-Key Register.

By publishing the Data, the ILU-Key Holder warrants that the Data does not, to the best of the Holder’s knowledge, contain any false, misleading, or incorrect information, and that it does not infringe any law or rights of any (third) party including intellectual property rights.

UIRR reserves the right to verify the accuracy of the published Data but has no obligation to do so. UIRR has the right to remove and/or delete any Data including in the adapted/modified form, at its sole discretion and without notice. ILU-Key Holders waive the right to file any claim against UIRR regarding the removal and/or deletion of the Data.

The Holder warrants that he/she has the right to publish Data to the ILU-Key Register and that such Data may be further used by UIRR for the Registers and outside the Register(s) without breach of any laws or rights or third parties. This includes the right for UIRR to publish and share such Data with third parties and to exploit or commercialise such Data.

By publishing Data to the Register(s), the Holder agrees that all rights and interests (including any intellectual property rights and in particular any copyright and database rights) in such Data are transferred to UIRR, to the fullest extent possible. The user accepts full responsibility and liability for all Data published and agrees that UIRR will not be responsible or liable with regard to the publication or further use or transfer of such Data (whether inside or outside of the Register).

The Holder hereby agrees to indemnify and hold UIRR and its employees, agents, affiliates, assignees and licensees harmless from and against any and all damages, claims, expenses, costs or fees arising from or in connection with the Data published by the Holder, and in particular with regard to any alleged breach of these Terms or the violation of any law or the rights of a third party (including claims regarding intellectual property rights and including claims regarding UIRR’s use of the Data in or outside the Register).

3 Transfer, renewal and cancellation of an ILU-Key

3.1 Transfer

It may occur that the totality of a fleet of ILUs is transferred from a previous Owner A to a new Owner B. This may be the case, for example, with a specific purchase of such fleet, or through a global transfer of the assets of the company A (e.g. merger, purchase of the company, etc.). To display the change of ownership of the fleet of ILUs, the new Owner B may then wish to register a new ILU-Key (or possibly use an ILU-Key it already owns). In order to facilitate the transfer, both the previous and the new Owner may apply for an immediate transfer of the related ILU-Key from the former to the latter.

In such a case, transfer charges should be paid to UIRR by the new Owner. The transfer charges are equal to the registration fee and will have to be paid in accordance with these Terms.

The change of name or VAT number of the company which holds an ILU-Key is regarded as a transfer in the sense of the present article, resulting in the obligation to transfer the ILU-Key from the company holding the ILU-Key to the new Owner. The transfer costs are identical to the costs of a new registration and must be paid in accordance with these Terms.

3.2 Renewal

The registration of an ILU-Key has to be renewed every calendar year. The ILU-Key Holders will receive notice of the expiry date of their ILU-Key 90 days prior to the expiry date by email and/or through the Website itself. Within 30 days prior to the expiry date of their ILU-Key, UIRR will remind the ILU-Key Holders of the expiry date again by e-mail only. If the renewal has not been performed by the expiry date, the ILU-Key will be removed from the official ILU-Key Register and the right of use of this ILU-Key by the ILU-Key Holder will cease immediately.

3.3 Cancellation

UIRR can cancel the registration of an ILU-Key (and remove it from the ILU-Key Register):

• when requested to do so by the ILU-Key Holder,

• following a ruling by a court,

• when the renewal fee has not been paid,

• if the ILU-Key Holder has been declared bankrupt, becomes insolvent, is under liquidation, or if he/she is found guilty of fraudulent or other criminal activities,

• in case of misuses or non-compliance.

The ILU-Key Holders agree and warrant that they will cease to use ILU-Keys and remove non-compliant markings from their ILUs as from the moment the ILU-Keys are cancelled or otherwise no longer active or removed from the ILU-Key Register.

3.4 Non-compliant/wrong use of ILU-Keys

In case of the use of ILU-Codes which do not comply with the rules defined in the standard EN13044-1, or the use of an ILU-Key not listed in the official ILU-Key Register, the UIRR can notify the misuse of non-compliant ILU-Keys to the Holder, by e-mail, by communication trough the Website or by registered letter, and enjoin him/her to stop this misuse immediately or to regularise his/her situation. UIRR reserves the right to take the measures it will consider appropriate to put an end to this wrong/non-compliant use including conservative measures. These measures will only be avoided if the company in question immediately removes any non-compliant marking from its units or if it carries out the registration according to the procedure described in article 2 of the present general terms.

In the event of unauthorized use of an ILU-Code after the expiry of the ILU-Key, the Owner will have to go through the registration procedure foreseen in article 2 of the present Terms and pay the registration fees in order to recover his ILU-Key, only if the ILU-Key is still available. If it is no longer available, the Owner will have to remove immediately any non-compliant marking from his ILUs.
The ILU-Key Holder will have to remove his ILU-Code markings if:

• the renewal fees of its ILU-Key are not paid in due time;

• the ILU-Key is no longer published in the ILU-Key Register;

• the ILU-Key has never been published in the ILU-Key Register; or

• the ILU-Key Holder does not comply with the applicable regulations.

4 Purchase and use of ILU-Code stickers

UIRR supplies stickers for the labelling of ILU-Codes, which are in conformity with the rules applicable to the ILU-Code marking.

4.1 Definitions and field of application

ILU-Code stickers can only be purchased by companies that hold a duly registered ILU-Key. Purchase orders can only be placed and will only be processed online via www.ilu-code.eu according to the Liabilities that are mentioned in article 4.2. In case of special orders, for example a large quantity of stickers for more than 200 ILUs, a price quote should be requested by e-mail (administration@ilu-code.eu).

The ILU-Code stickers are strictly linked to the ILU-Key Holder of the corresponding ILU-Key for which they are purchased and can only be used in the European region as defined in article 1.5.

4.2 Liability

By purchasing ILU-Code Stickers, the purchaser commits to abide by these Terms. When completing a purchase order, the purchaser is liable for the accuracy of the list of the complete ILU-Codes and of all other data that he provides (e.g. type of stickers, colour of the lettering, delivery address, etc). Once the purchase order is placed, UIRR will send an order confirmation and an invoice to the purchaser, who must check it carefully. UIRR is not under any obligation to verify whether the purchase order matches the existing ILU-Codes.

If payment of the ILU-Code stickers is not received immediately (in case of online payment) or within 30 days after the date of the invoice (by bank transfer), UIRR will have the right to cancel the order. More generally, UIRR reserves the right to refuse any order for whatever reason (e.g. should it suspect fraud, deception, etc). The purchaser will be responsible for applying the ILU-Code stickers on the side walls and top of the loading units, in accordance with EN-13044-1 and the manufacturer’s instructions. If, for whatever reason, the purchaser’s ILU-Key is cancelled by UIRR, he must destroy all unused stickers and remove all stickers from the ILUs.

UIRR guarantees that the ILU-Code stickers are in conformity with the rules governing the ILU-Code markings according to the European standard EN 13044 and with the Terms. UIRR only acts as an intermediary between the purchaser and the producer of the stickers and will not accept any responsibility for damage caused, for instance, by late delivery, loss of package by a third party, damaged stickers, quality problems or the installation or removal of stickers.

4.3 Delivery and return

The ILU-Code stickers will be delivered to the address mentioned in the purchase order. In case of incorrect or incomplete information resulting in the inability of the carrier to make delivery, next deliveries will be made at the purchaser’s expenses.

Upon delivery, the purchaser will verify the conformity of the stickers. If the stickers are damaged, incomplete, not in conformity with the purchase order or unsatisfactory, the purchaser will inform UIRR immediately and will return the stickers at his expenses and under his responsibility, together with the invoice. Returned stickers are accepted only if they are in their original state, unused and in their original package.
Failure to inform UIRR and to return the stickers within seven working days, the purchaser is deemed to have accepted the stickers.

If the stickers were refused by the purchaser for any good reason, he will be refunded the amount of the order less shipping cost incurred by the delivery.

4.4 Copyright

The purchaser is not authorised to copy, to reproduce or to alter ILU-Code stickers, their design or layout, or to allow third parties to use them. A breach of copyright laws may lead to prosecution.

5 Fees and payment terms

The invoicing of the Service is made in accordance with the tariffs approved by the Governing Bodies of UIRR. These tariffs are published in a separate document on the www.ilu-code.eu.

Payment terms can be updated by UIRR at any time. UIRR may add new services for additional fees and charges, add or amend fees and charges for existing services in its sole discretion.

The registration fee has to be paid without delay: the reservation period, granted to allow the operations of payment, is limited to 15 days. If the payment is not received within this period, the exclusive reservation of the ILU-Key is in principle cancelled.

For payments based on bank transfers, UIRR will send its invoices to the applicant or ILU-Key Holder electronically. All invoices will be payable within 15 days of the invoice date. Amounts that remain unpaid as of maturity date will automatically and without notice generate a late payment interest set in accordance with Clause 5 of the Belgian Act of 2 August 2002 regarding the prevention of late payment in commercial transactions, as well as a lump sum indemnity as provided for in that Act of 10% of the amount that remained unpaid (with a minimum of 250 euros). For online payments (credit cards), all invoices will be payable immediately.

The prices are exclusive of VAT, and other taxes, levies or charges. Complaints regarding the invoicing must be communicated by email (administration@ilu-code.eu), motivated and in writing within 7 calendar days after the invoice date.

There are no refunds for or in connection with a cancellation or termination of an ILU-Key Holder’s account and a registration of an ILU-Key. In the event that UIRR or an ILU-Key Holder suspends, cancels or terminates an account, the ILU-Key Holder agrees that it does not have the right to receive a refund.

All payments to UIRR shall be in Euro. Accepted payment methods are bank transfers and online payments via credit card payments. All bank expenses and fees related to international payments are to be paid by the applicant or ILU-Key Holder. All information provided in connection with a monetary transaction must be accurate, complete and current.

6 Warranties

All services and obligations of UIRR described in these Terms and offered through the Register, Website or the Services are best efforts obligations and do not constitute an obligation to achieve a specific result.

UIRR offers its Services, Website and the Register without explicit or implicit guarantees or warranties as to the accuracy, completeness or fitness for a certain purpose. UIRR reserves the right to optimize, adapt and remove the content of the Services, Website and Register on a regular basis.

UIRR provides the necessary bandwidth, storage capacity and security systems to protect the Register, Website and Services, its IT system, its databases and the data of the Users of the Register. UIRR makes regular adjustments with regard to security and antivirus protection, among other things.

UIRR makes every effort to grant access to the Register, Services and Website 24 hours a day, 7 days a week. In this context, UIRR guarantees an availability of at least 99.0% on an annual basis. However, given the technical characteristics of the Internet and IT resources, and the need for periodic maintenance, update or upgrades, UIRR cannot guarantee uninterrupted access to the Register, Services and Website. In the event of normally acceptable interruptions or disruptions in access or service, UIRR will make every effort to find a solution to the problem as quickly as possible. Interruptions or disruptions are specific to any service provided via the internet. These cannot be considered as shortcomings and will not give rise to compensation.

UIRR does not warrant that (i) the content in the Register, Website and Services will always be accurate, reliable or correct; (ii) Register, Website and Services will meet all of the users’ requirements or expectations; (iii) Register, Website and Services will be available at any time or location, uninterrupted and secure; (iv) any defects or errors will always be corrected in a timely manner; (v) Register, Website and Services will always be free of viruses or other harmful components.

Owners and generally all users represent and warrant that (i) they shall not use the Register, Website and Services for any illegal purpose; (ii) they shall not interfere with or disrupt any networks connected to the Register, Website and Services; (iii) they shall not attempt to gain unauthorized access to any computer systems, data or networks; (iv) they shall not circumvent technical measures used by UIRR to provide the Register, Website and Services; (v) they shall not harvest or otherwise collect information about any user without its prior written consent; (iv) they shall not interfere with other users’’ use and enjoyment of the Register, Website and Services.

Users of Register, Website and Services fully and unconditionally release and discharge UIRR from and against all claims and damages (direct or indirect, actual or consequential, known or unknown, of any kind and any nature) relating to or connected with the publication of data uploaded by Owners (including in adapted/modified form) to the Register, Website and Services or the use by UIRR of the data published by Owners (including in adapted/modified form) for the Register, Website and Services, including any claims regarding intellectual property rights (such as copyrights or trademark rights), image rights, rights of publicity, rights of privacy, etc.

7 Liability and exclusion/limitation of Liability

UIRR does not guarantee the correctness, truthfulness, accuracy, completeness, quality, compatibility, legality or safety of any data, items or any content listed in the Register and Website.

UIRR reserves the right to monitor possible disputes between users or could be asked to act as an arbitrator / mediator in disputes between users or between users and third parties, but has no obligation to do so.

Under no circumstances or legal grounds (including contractual breach, tort, negligence, breach of statutory duty, hidden or latent defect, or otherwise) will UIRR be responsible or liable towards an user or a third party for any form of direct, incidental, special, indirect or consequential damages resulting from or in connection with these Terms, the Register, the Services, Website or the unavailability or malfunction thereof, including but not limited to loss of income, loss of profit, loss of cargo, loss of opportunity or sale, lost benefits, lost savings, losses incurred due to business stagnation, loss of goodwill or reputation, losses suffered by clients or partners, loss of data or communication, even if the possibility of such damages has been reported.

Users acknowledge and accept that the Website, the Services and the Register are provided “as is”, and that neither UIRR nor any of its employees, directors, contractors, partners, affiliates, licensors or service providers make any representations or warranties to the users or third parties regarding the usability, condition or operation thereof. UIRR and its employees, directors, contractors, partners, affiliates, licensors and service providers will not be liable for any claims related to (un)availability, (un)accessibility, (in)compatibility or (in)accuracy of the Website/Services/Register or related to the (in)security of the Website/Services/Register. In particular, UIRR and its employees, directors, contractors, partners, affiliates, licensors or service providers will not be liable for any damage (whether direct or indirect damage) related to breach of security, hacking, viruses or other malicious software, burglary in communication systems, bugs, errors, theft of data, loss of data (including loss of login data), breach of privacy, spamming, damage to hardware devices, delays or disruptions, etc. Under no circumstances will UIRR be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website/Services/Register or a user’s account.

UIRR cannot be held liable for any damages caused by e.g. a loss of log-in data or an unauthorized use of an ILU-Key Holder’s account. Each Owner has to notify UIRR immediately in case of any breach of security, unauthorized use, or other suspicious activity of his account.

To the maximum extent permitted by applicable law, UIRR will not be liable nor responsible for:

a. errors, mistakes, omissions or inaccuracies of data, items or other content posted in the Register (including relating to the technical characteristics of intermodal loading units);

b. defamatory or offensive language or content posted in the Register;

c. user comments posted in the Register or Website;

d. incorrect information of the identity or contact information of ILU-Key Holders, in particular when an Owner’s identity appears to be false;

e. illegal conduct of any third part in the Register;

f. any interruption or cessation of transmission to or from the Register or any unavailability of the Register, Website or the Service;

g. any bugs, viruses, malware, or the like that may be transmitted to or through the Register, Website and Services;

h. unauthorised access to or use of the Owner’s account or our servers and/or personal information stored therein;

i. external links to other websites posted in the Register, Website and Services; and

j. personal injury or property damage, of any nature whatsoever, resulting from the access to or use of the Register, Website and Services.

Any data, information or content downloaded or otherwise obtained through the use of the Register, Website and Services is downloaded at the user’s own risk. The user will be solely responsible and liable for any damage to computer systems, mobile devices, IT systems, or loss of data that results from such download or use of the Register, Website and Services.

UIRR declines any liability whatsoever regarding the traffic worthiness and the use of the ILUs, the incorrect or fraudulent marking of ILUs, the fraudulent or improper use of ILU-Codes or ILU-Keys by the ILU-Key Holder, or the use of ILU-Codes or ILU-Keys by unauthorized persons or companies.

Subject to this paragraph, UIRR’s liability and the liability of any employees, directors, contractors, partners, affiliates, licensors or service providers of UIRR, in contract, pre-contract, tort or otherwise arising out of or in connection with these Terms or its termination shall in each case be limited in aggregate to €1.000 (thousand euros).

8 Privacy

UIRR is dedicated to establishing trusting relationships with its users, based on respect for personal identity and information. Owners and users consent to the processing and disclosure by UIRR of the personally identifiable information that they provide to UIRR for purposes of the optimal functioning of the Register, Website and Services. For instance: the ILU-Key Holders agree that their name and contact details will be publicly disclosed to other users. Owners warrant that they have obtained the consent of their relevant contact persons to disclose this type of information to UIRR for the purposes listed.

To demonstrate commitment to User privacy, a Privacy & Cookie Policy has been developed which is deemed to be an integral part of this agreement, a current copy of which is available on www.ilu-code.eu. If privacy practices are to be changed, those changes will be posted in the Privacy & Cookie Policy of our Website.

The information will be used in accordance with the Privacy & Cookie Policy under which the information was collected. If, however, it is intended to process users’ personally identifiable information in a manner that differs from that stated at the time of collection, the user will be notified via email and his permission sought before doing so. In addition, if any material changes are made to our privacy practices that do not affect user’s information already stored in the database, a prominent notice will be posted in the Website notifying users of the change. In some cases, when a notice of changes to the Privacy & Cookie Policy will be posted, it will also be notified by e-mail to those users who have opted to receive e-mail communication.

By providing UIRR with his/her e-mail address or other contact information, every user gives UIRR permission to use that e-mail address to send him/her Service-related notices. In addition, the user can choose to be kept up to date with news, special offers and other updates regarding the Register, Website and Services, and to receive the UIRR newsletter, if he/she has opted to receive such messages. If a user no longer wishes to receive such messages, he/she can choose to unsubscribe from such messages at any time by sending an e-mail to administration@ilu-code.eu.

9 Intellectual Property Rights (IPR)

UIRR is the exclusive owner of the intellectual property rights attached to the Website, the Register and the Services offered also encompassing the name and logo “UIRR”. The user undertakes to refrain from copying, transcribing, reproducing, disseminating, duplicating, publishing, licensing out, running, transferring, reselling or in any other manner using the totality or the component parts making up the Register, Website and Services (or a part thereof) in any way and in any form whatsoever. These component parts relate inter alia to the brand names, trademarks, texts, software, databases, data, forms, trade names, product names, logos, graphic components, photo’s, video’s, illustrations, designs, drawings, layouts and page arrangements and any other component part of the Register or the Service that is eligible for protection. All IPR (incl. copyrights, patents, trademarks, design rights, etc.) and database rights related to the Register, Website and Services are the property of UIRR. The user shall indemnify UIRR with respect to all damages and costs resulting from the infringement of this article, including infringement by third parties that are related to the user.

The Owner transfers all rights and interests (including any intellectual property rights and in particular any copyrights and database rights) in and to any Data posted by the Owner on the Register, Website and Services to UIRR, valid worldwide and including for use on the Internet, for the entire duration of their protection, as from publication on the Register, Website and Services. This includes in particular:

a. the right for UIRR to modify, adapt or change the Data in any way, in particular to rewrite, reformulate, shorten, supplement or correct it and to link it with other content; and

b. the right to publish the Data (including in adapted/modified/corrected form, and including pictures and descriptions), to store it in a database, to make it available to the public, to distribute it electronically or through other means and formats, in particular via the internet, through the Register, Website and Services or in an offline environment, and to share and use the Data commercially towards third parties in the broadest sense possible (including further licenses, sale or transfer of ownership of such Data), both in and outside the context of the Register, Website and Services.

10 Administration and publication

10.1 Amendments to ILU-Key register

The ILU-Key Holder is responsible for keeping the address and contact details of the Contact Person up to date, if necessary, online via the Website, alternatively in writing to UIRR. UIRR will not be liable for any damages caused by the official ILU-Key Register not reflecting the actual address or contact details of the ILU-Key Holder.

10.2 Publishing the ILU-Keys

The ILU-Key Holder explicitly agrees that the registered ILU-Keys, including the names and addresses of their Holders, are gathered, processed and registered in an official ILU-Key Register that is published by UIRR and made accessible via Internet (www.ilu-code.eu).

The ILU-Key Holder acknowledges and agrees that the ILU-Key Register is publicly accessible and may be consulted by third parties and other actors of the transport chain, such as customs, authorities, emergency services, etc.

10.3 About the ILU-Tech Register

UIRR has the right to apply similar standards and practices to those set out in the chapters above to the ILU-Tech administration and publication, always in accordance with the applicable legal rules as referred to above.

11 Miscellaneous

All communication between UIRR and the applicants and/or ILU-Key Holders usually takes place in electronic form via the Website (www.ilu-code.eu). In case paper-based correspondence is chosen by the applicant, additional fees for printing and mailing will apply (see published tariffs for details).

If users do have complaints about the Register, Website or Services, they can contact UIRR via the contact details mentioned in the Website (including the e-mail address administration@ilu-code.eu). The complaint will be handled within 7 days. If the conflict cannot be resolved right away through direct negotiation, there can be a mediation attempt through the BMEDIATION platform in accordance with the terms and conditions of BMEDIATION (https://www.bmediation.eu/).

Any dispute regarding conflicting rights to a particular ILU-Code or ILU-Key (whether the ILU-Key has been applied for, reserved or registered) must be immediately notified to UIRR. UIRR will attempt to resolve the dispute by negotiating an agreement between the conflicting parties. If a dispute concerns a registered ILU-Key, UIRR may put the registration on hold until the dispute is resolved.

These Terms are governed exclusively by the laws of Belgium. Any dispute between an applicant, a user or an ILU-Key Holder and UIRR arising from these Terms, that cannot be resolved in an amicable way, will be submitted to the exclusive jurisdiction of the Courts of Brussels.

If any part or any clause of the present Terms is for whatever reason found to be invalid or unenforceable, the remaining parts or articles shall not be affected and shall remain valid and enforceable as if the invalid or unenforceable parts or clauses were not part of the Terms. Any illegal, invalid or unenforceable part of an article of these Terms shall be replaced by a provision that, inasmuch as this is legally possible, comes closest to what was initially aimed at in the part or clause concerned.

These Terms shall supersede, without exception, any and all of the user’s terms and conditions, or other terms or conditions of quotation, acceptance, or purchase. Under no circumstances will any terms of the user have priority over these Terms.

UIRR reserves the right to unilaterally change these General Terms and will inform of such changes within a reasonable period of time (which will be at least 15 days before the entry into force of the changes), for instance by a) posting a revised version of the Terms on the Website, and/or (b) sending information regarding the amendment to the provided contact details.
In the event of force majeure, the parties are not obliged to fulfil their obligations. In such case, either the obligations can be suspended for the duration of the force majeure, or the agreement can be terminated, in whole or in part, subject to compliance with article 1134 of the old Belgian Civil Code. Force majeure is any unforeseen event beyond the reasonable control of the parties (or any foreseeable event with unforeseeable consequences that may not reasonably be avoided), that completely or partially prevents the fulfilment of a party’s obligations. This includes, but is not limited to: strikes, fire, operational disruptions, diseases or epidemics, energy disruptions, breakdowns, mechanical failures, IT failures, system errors, power failures, disruptions in a (telecommunications) network or connection or used communication systems and / or the unavailability of the Register, Website and Services, the failure to deliver or the untimely delivery from suppliers or other engaged third parties, labor disputes, war, terror, acts of governments or regulators, extreme climate and weather conditions, etc. Confidentiality obligations, intellectual property obligations and payment obligations will not be excused by events of force majeure. The party claiming force majeure shall promptly inform the other party in writing, explaining its reasons and the details of the force majeure event.

A party’s failure to enforce another party’s strict performance of any provision of these Terms and Conditions will not constitute a waiver of the first party’s right to enforce that provision or any other provision of these Terms and Conditions.

UIRR and the Users will remain independent parties. Nothing in these Terms and Conditions shall create any joint venture, agency, franchise, employment or any other relationship between UIRR and the Users.