The My.epoline® portal provides users with access to personalised epoline® services, such as WebRegMT, My Files and the My.epoline® Mailbox. All these services are free of charge.
A number of the services, for example WebRegMT, can be accessed by authorised users by way of a self-defined username and password, while others, such as the My.epoline® Mailbox, require identification by means of an electronic signature in the form of a smart card issued or recognised by the European Patent Office (EPO).
The following is a list of recognised electronic signatures:
User obligations
Users of the portal and its related services must comply with the applicable laws. Users must refrain from violating or attempting to violate the EPO's network security and from misusing their access authorisation (for example by transferring data to unauthorised third persons). In the event of any violation of these obligations the EPO is entitled to revoke the user's access rights without prior notice.
Maintenance
The services under this portal and the associated data from the EPO databases are maintained and updated regularly. Great care has been taken in writing the instructions for use of the services to ensure that the information supplied is correct. The EPO also makes every effort to prevent technical malfunctions. It cannot, however, guarantee that the underlying files and the formats used are error-free and will not cause the user's systems to malfunction. Furthermore, given the amount of data and information provided, it is not possible to rule out errors and omissions altogether. The EPO is entitled to modify the facilities of the My.epoline® portal at any time to bring them into line with the state of the art and current legal requirements. Such modifications may be made during pilot operation in particular.
Liability disclaimer
The EPO is, in principle, liable for damages arising from any breach of obligation on the part of its permanent staff, other employees, representatives or agents only to the extent that such breach of obligation is caused either wilfully or by gross negligence. Where a claim for damages is based on simple negligence on the part of the EPO, the EPO is liable only to the extent that the claim rests on an injury to life, limb or health, or the obligation breached is of a fundamental nature. If the user is an entrepreneur (within the meaning of Article 14 of the German Civil Code), the liability of the EPO in the last-mentioned case is limited to typical and foreseeable damages.
Availability
For some services the EPO offers data security by means of smart card encryption in combination with secure socket layer (SSL) access. However, it cannot guarantee the absolute security of transmitted data against attacks from third parties, nor can it guarantee the absolute security of the data transmission process.
Security
If an online service accessible via the My.epoline® portal is not accessed by a registered user for a period of six months, the EPO reserves the right to automatically deactivate the user authorisation for that service without prior notice. Dormant mailboxes may be automatically deactivated after three months of non-access. The terms and conditions of use for individual services may stipulate shorter periods than this.
Non-access of services and revocation of access rights
If an online service accessible via the My.epoline® portal is not accessed by a registered user for a period of six months, the EPO reserves the right to automatically deactivate the user authorisation for that service without prior notice. Dormant mailboxes may be automatically deactivated after three months of non-access. The terms and conditions of use for individual services may stipulate shorter periods than this.
Changes to the terms and conditions of use
The EPO reserves the right to add to or change these terms and conditions of use at any time. The EPO will inform users of any changes in good time on the epoline® website. Users have the right to object to such changes within two weeks of notification thereof. Continued use of the My.epoline® portal services constitutes acceptance of the changes concerned. If a user explicitly objects to any new terms and conditions of use the EPO has the right to revoke that user's access rights.
Applicable law
The operation, provision and use of the services available via the My.epoline® portal, all subsequent claims and any disputes arising out of or in connection with the use of the services are subject to German law, to the exclusion of recourse to private international law.
To the extent that the European Patent Organisation, of which the European Patent Office is an organ, does not waive its immunity from jurisdiction (see Article 3(1) of the Protocol on Privileges and Immunities of the European Patent Organisation of 5 October 1973), any disputes arising from or in connection with these terms and conditions of use will be settled under the German Code of Civil Procedure. Arbitration proceedings will take place in Munich.
To the extent that the EPO waives its immunity from jurisdiction in a particular case, the courts of competent jurisdiction will be exclusively those of Munich.