Please read these Terms and Conditions carefully before accessing or using our Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you must not access the Platform or use any of the services offered on it.
By visiting this Platform and/or registering to access the Platform, you engage with our “Service” and agree to be bound by these Terms and Conditions, including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Platform. AESGP provides this Platform, including all information, tools and services made available through it, to you, the Participant, conditional upon your acceptance of all terms, conditions, policies and notices set out herein.
Purpose and scope
These Terms & Conditions (“T&Cs”) govern participation in the AESGP ERA Matchmaking Platform (the “Platform”) operated by the Association of the European Self-Care Industry (AESGP). They set out the rights and obligations in the relationship between AESGP and each participating company using the Platform. These T&Cs apply only to the use of the matchmaking Platform and not to any subsequent direct collaborations or data-sharing agreements between companies.
Participants acknowledge that the Platform is designed to collect and share categorical information about the existence of Environmental Risk Assessment data, and not to collect or exchange any actual ERA study data.
Governing Language
These T&Cs are provided in English only. By accepting these T&Cs, each participating company confirms its understanding of English and agrees that these T&Cs in English are legally binding and enforceable.
Definitions
For the purposes of these T&Cs, the following terms have the meanings set out below:
- “AESGP”: Association of the European Self-Care Industry – A.I.S.B.L., a non-profit association incorporated under the laws of Belgium, with registered office at Avenue Tervuren, 7, 1040 Brussels, Belgium, registered under number 0850.689.703, and contactable at info@aesgp.eu.
- “Platform”: The AESGP ERA Matchmaking Platform, an online system for collecting and sharing information about the existence or availability of ERA Data for specific active pharmaceutical ingredients, and for facilitating contact between Participants interested in sharing such data.
- “Service”: The online ERA Matchmaking made available by AESGP, including all related functionalities, tools, features, provided through the Platform.
- “Participant”: Any pharmaceutical company or other eligible entity that has registered for and been granted access to the Platform and agreed to these T&Cs. Each Participant is bound by these T&Cs in its relationship with AESGP.
- “ERA Data”: Environmental Risk Assessment data, studies, or documentation relating to the environmental impact of a specific active pharmaceutical ingredient (API) as described under the EU law framework. For clarity, the Platform does not collect or store ERA Data itself; it only gathers and displays categorical information indicating whether ERA Data exists (or is available) for given APIs as reported by the platform participants.
- “Matchmaking Contact”: The individual representative designated by a Participant as the contact person for matchmaking purposes. The Matchmaking Contact’s identity and business contact details are provided to AESGP upon registration and may be disclosed to other Participants only in the event of a Matchmaking Request (as defined below).
- “Matchmaking Request”: A request initiated by one Participant to connect with the Participant(s) that have indicated the existence of ERA Data for a particular API on the Platform or interest to generate such data. A Matchmaking Request leads to the disclosure of identities and contact information so that the companies can directly communicate.
- “Registration Fee”: A one-time fee payable by a new Participant upon joining the Platform.
- “Renewal Fee”: The annual membership fee payable by each Participant to renew continued access to the Platform for each subsequent year.
- “Fee Schedule”: The document issued and periodically updated by AESGP, setting out the applicable Registration Fees, Renewal Fees, and any other charges payable by Participants in connection with the use of the Platform. The Fee Schedule is published or otherwise made available by AESGP and forms an integral part of these T&C.
Eligibility and Registration
Participation in the Platform is open to companies in the pharmaceutical or consumer healthcare industry (including manufacturers of non-prescription/OTC medicines, APIs, or related entities) that have or seek access to ERA Data for OTC APIs. Each Participant must be a validly existing legal entity. AESGP may require proof of industry affiliation or other eligibility criteria at its discretion.
To join the Platform, an eligible company must complete the online registration form provided by AESGP, designate its Matchmaking Contact person, and pay the applicable Registration Fee. During registration, the applicant must provide truthful, accurate, exhaustive and up-to-date information including company name, address, and the list of APIs for which the company has ERA Data, and is willing to indicate its availability on the Platform or interest for joint collaboration in absence of said data. AESGP reserves the right to review registrations and to accept or reject any applicant at its sole discretion (for example, if the applicant does not meet the eligibility criteria or if there are outstanding compliance concerns).
As part of the online registration, the applicant’s authorized representative must affirmatively accept these T&Cs (e.g. by clicking an “I Agree” or checkbox). Checking the acceptance box constitutes the company’s electronic signature and implies full agreement to these T&Cs as a binding contract between the Participant and AESGP. The individual accepting the T&Cs on behalf of the company represents and warrants that he/she has the legal authority to bind the company. Participants understand that without accepting these T&Cs, access to the Platform will not be granted.
Upon AESGP’s approval of the registration and receipt of the Registration Fee, the company will become a Participant with access to the Platform (“Membership”). AESGP will confirm activation via email to the Matchmaking Contact. Membership and access rights are personal to the Participant and non-transferable. Only the registered company and its authorized employees may use the Platform under that membership.
If the registering company is an AESGP direct member (i.e., a member of AESGP in good standing), it should indicate this during registration. AESGP direct members are eligible for fee discounts as described in the Fees section. AESGP may verify membership status and apply the appropriate fee structure.
Fees and Payment
Participants agree to pay the required fees for use of the Platform as described below:
Registration Fee: A one-time registration fee shall be payable upon initial sign-up to the Platform. This fee covers the onboarding process and the first year’s access to the Platform. AESGP direct members shall benefit from a discounted registration fee. The applicable fee amounts shall be as set out in the Fee Schedule communicated by AESGP. Payment must be made in Euro, by the method indicated by AESGP (e.g. bank transfer), within the timeframe stated.
Annual Renewal Fee: To maintain access to the Platform beyond the first year, each Participant shall pay an annual renewal fee for each subsequent year of membership. AESGP direct members shall benefit from a discounted renewal fee. The applicable fee amounts shall be as set out in the Fee Schedule communicated by AESGP. AESGP will notify Participants in advance of their renewal date, and payment of the Renewal Fee should be completed by the anniversary of the initial registration to avoid suspension.
Taxes: Any applicable value added tax (VAT), as well as any future increases in VAT or the introduction of any new taxes, duties, or similar charges, shall be borne in full by the Participant.
Invoices and payment terms: AESGP will issue invoices for the Registration Fee and each Renewal Fee. Participants agree to pay all invoices in full within the payment timeframe stated on the relevant invoice (e.g., 30 days from invoice date) unless otherwise arranged. All payments shall be made in Euro. Any bank transfer fees or charges are the Participant’s responsibility. All fees are non-refundable, except as expressly provided in these T&Cs or required by law.
Late payment: In the event of late payment of any amount due under these Terms & Conditions, the outstanding sums shall, automatically and without prior formal notice, bear interest at a rate of twelve percent (12%) per year or, if higher, at the applicable statutory interest rate, from the due date until full payment. If payment remains outstanding more than thirty (30) days after the due date, the outstanding amount shall be automatically increased, without prior notice, by thirty percent (30%) of its value by way of a penalty clause, with a minimum charge of €50, excluding VAT, together with any applicable legal and recovery costs, without prejudice to AESGP’s right to claim additional damages.
AESGP reserves the right to suspend the Participant’s access to the Platform, after having notified the Participant, until full payment of the outstanding amounts (including interest and any applicable surcharge) has been received. If payment remains outstanding for more than sixty (60) days after the due date, AESGP shall be entitled to terminate the Participant’s membership and access to the Platform, after having notified the Participant.
Fee adjustments: AESGP may adjust the standard fees (Registration or Renewal) from time to time (for example, due to changes in costs or introduction of new features). Any fee changes will be communicated to Participants in advance and will not apply retroactively to a Participant’s current membership period; they would take effect upon the next renewal. If a Participant does not agree to a fee adjustment, it may choose to terminate its membership at the end of the current paid term in accordance with these T&Cs.
Platform use and data submission
Purpose of the Platform: The Platform is a matchmaking tool intended to help companies identify potential collaborators for ERA Data sharing/generation. Each Participant can provide information about which OTC APIs it possesses ERA Data for, and in turn see (in anonymous form) whether other companies also have ERA Data for certain APIs of interest/ or if there is interest in jointly generate said data. The Platform thereby enables companies to find matches where data-sharing or joint efforts might be mutually beneficial. No actual ERA study data is exchanged on the Platform, only the existence or availability of such data is indicated.
Data submission by Participants: Upon joining and during membership, Participants will submit to AESGP a list or selection of APIs for which they have ERA Data available (or are willing to cooperate in generating such data). This submission will typically be done through a secure form. The information provided should be categorical. Participants must not upload or share the actual ERA Data files or detailed reports via the Platform and should not include any sensitive or proprietary details beyond the required categorical indications. AESGP may set specific formats or categories for how Participants should indicate the presence of ERA Data (for example, checkboxes or drop-down menus for each API), or interest in data generation.
Data accuracy and updates: Participants are responsible for ensuring that the information they provide to the Platform is truthful, exhaustive, accurate, and kept up-to-date. If a Participant’s situation changes (for instance, if it acquires ERA Data for a new API, or if it no longer holds data it previously indicated), it should promptly update its entries on the Platform or notify AESGP so that the Platform information remains current. AESGP is not responsible for verifying the accuracy, completeness, reliability, or up-to-datedness of any information provided by Participants; each Participant represents and warrants that its submitted information is accurate and not misleading to the best of its knowledge.
Anonymous display of information to the Participants: The Platform will display aggregated or anonymized information about ERA Data availability to all Participants who are logged in. For each API included in the Platform’s scope, the Platform may show how many Participants have indicated that they have a full ERA dataset for an API, are currently generating a full ERA dataset for this API, have a partial dataset for this API, or do not have any data but are interested in obtaining ERA data for this APINo identifying information about which Participant has the data will be visible at this stage. Participants agree not to attempt to deduce or identify which company lies behind any anonymous indication. Any attempt to bypass the anonymity features of the Platform will be deemed a breach of these T&Cs.
Use of the Platform: Participants may use the Platform interface to browse APIs and their ERA Data availability status. They may also flag APIs of interest or request matches as described in the next section. Participants shall use the Platform solely for its intended purpose of facilitating potential connections for ERA Data sharing. Any other use (such as using the Platform to collect market intelligence beyond the scope of ERA Data availability, or any data-scraping or bulk downloading of Platform information) is strictly prohibited. Participants must respect any technical limitations or access controls implemented by AESGP.
No sensitive data on Platform: Participants must not share through the Platform any confidential or sensitive business information beyond the specific scope of ERA Data availability. No commercial terms, pricing, product volumes, or other competitively sensitive information should be disclosed via the Platform. The Platform is structured so that only high-level availability of ERA Data is shared. Participants should not add free text or upload documents that could inadvertently reveal confidential business strategies or any trade secrets.
AESGP’s access to data: AESGP personnel (and any third-party IT provider managing the Platform on AESGP’s behalf) will have access to the information provided by Participants, for the purpose of operating and administering the Platform. AESGP will treat Participant-provided information as confidential and will not disclose which company provided which data indicator to any third parties or non-Participants, except as needed to facilitate authorized matchmaking between Participants as described in these T&Cs or as required by law or regulatory authorities.
Matchmaking process and information disclosure
Matchmaking Requests: If a Participant identifies via the Platform’s anonymous display that ERA Data for a particular API is available and wishes to get in touch with the data-holding company, it can initiate a Matchmaking Request. This is typically done by contacting AESGP’s Platform administrator with the details of the request. Similarly, if Participants have indicated interest in the same API, AESGP may notify both parties of a potential match. All matchmaking communications are facilitated through AESGP. Direct contact information is not revealed on the Platform until AESGP processes the request.
Consent to disclosure: By participating in the Platform, each Participant gives its consent that AESGP may disclose its identity and Matchmaking Contact information to other Participants in the event of a Matchmaking Request concerning an API for which it indicated having ERA Data or interest in jointly generating said data. Such disclosure will typically be limited to business contact details (company name, Matchmaking Contact person’s name, title, email, and/or phone number). AESGP will facilitate this exchange promptly upon receiving a Matchmaking Request. Participants acknowledge that this limited disclosure is necessary for the matchmaking function and agree that it does not constitute a breach of confidentiality or privacy under these T&Cs.
Matchmaking notification: In practice, when AESGP receives a Matchmaking Request from one Participant (“Requesting Participant”) regarding a certain API, AESGP will verify which Participant(s) have indicated existance or interest in joint generation of ERA Data for that API (“Data-Holding Participant” or “Collaboration-Seeking Participant”). AESGP may then provide the contact details of the Data-Holding Participant(s) and/or the contact details of the Collaboration-Seeking Participant(s) to the Requesting Participant. By the default rules of the Platform, prior consent to disclose has already been given by virtue of these T&Cs, so AESGP is not obligated to obtain separate approval each time. The Data-Holding Participant(s) and/or the Collaboration-Seeking Participant(s) will be informed of the request at the time of contact details sharing, so both sides are introduced to the request. Any Participant may, at any time, withdraw their consent to the disclosure of their contact details under, by providing prior written notice to AESGP. Such withdrawal shall not affect the lawfulness of any disclosures made by AESGP prior to the effective date of withdrawal.
Direct communication after match: Once the relevant contact information is exchanged by AESGP, it is the responsibility of the Participants involved to communicate directly. AESGP’s role is limited to facilitating the introduction. AESGP is not a party to subsequent discussions or agreements and will not be involved beyond the initial exchange of contact details.
No obligation to collaborate: AESGP does not guarantee that any Matchmaking Request will result in a successful collaboration or that Participants will reach agreement.
Information shared upon match: AESGP will not share any other data than the identities and basic contact information of the involved parties. The existence of ERA Data or interest to generate ERA data for the API was already known via the Platform indicator; details about the ERA Data (such as study type, date, results, etc.) are left for the Participants to discuss under bilateral confidentiality if needed. AESGP does not provide any documentation or summaries. AESGP only connects the companies.
Post-match independence: After a match is made and contact info is shared, AESGP’s involvement ends for that match. AESGP does not monitor or supervise what the companies do thereafter. Any exchange of ERA Data or other information between Participants after the matchmaking is at their own risk and subject to their own agreements. AESGP will not be liable or responsible for the outcome of any such engagement, as further detailed in the Liability section below.
Participant obligations and prohibited conduct
By using the Platform, each Participant agrees to the following obligations and restrictions.
Compliance with laws: Participants shall use the Platform in compliance with all applicable laws and regulations, including competition laws, data protection laws, and any industry-specific regulations. Participants must not use the Platform to engage in any anti-competitive behavior, such as collusion or exchange of competitively sensitive information beyond the Platform’s permitted scope. All interactions between competitors via the Platform must strictly adhere to the limited purpose of finding ERA Data matches, and commercial strategies (pricing, market allocation, etc.) must not be discussed or signaled on the Platform. Each Participant remains solely responsible for its own conduct and information sharing and must consult its legal counsel if needed to ensure compliance. The use of the Platform for any illegal or unauthorized purpose is strictly prohibited. The Participant shall not, in connection with its use of the Platform, violate any applicable laws or regulations of the jurisdiction of AESGP, including but not limited to copyright and intellectual property laws.
Accurate information warranty: Participants warrant that all information they submit to the Platform is true, exhaustive, accurate, and not misleading. Participants will not provide false information or misrepresent the existence of ERA Data. If a Participant is found to have intentionally provided false data, AESGP may suspend or terminate its membership for breach of these T&Cs. The Participant may also be liable for any harm caused to other companies by such misrepresentation.
No unauthorized disclosure: Participants should not disclose any information obtained through the Platform to any party who is not authorized to receive it under these T&Cs. The identities of companies having ERA Data for specific APIs (if learned through a match or otherwise) and any related details should be treated as confidential (see Confidentiality section below). Participants must also refrain from using any information gained from the Platform for purposes outside of exploring potential ERA Data collaboration. Using Platform information to gain a competitive advantage (other than the collaboration purpose) or to disadvantage other companies is strictly prohibited.
Limited internal use: Information obtained via the Platform should only be used internally within the Participant’s organization and only by personnel who need to know it for the purpose of evaluating or pursuing a possible collaboration. Participants should have internal measures to ensure that such information does not spread further or get misused within their organization.
No sharing of actual ERA data on platform: Participants will not upload, transmit, or share any actual ERA study data, reports, or confidential documents via the Platform interface. The Platform is not a data room. Any actual exchange of ERA documentation must happen outside the Platform, under appropriate confidentiality agreements between the companies involved. If a Participant inadvertently shares any sensitive document or data on the Platform, it should notify AESGP immediately so that AESGP can assist in removing it. AESGP assumes no responsibility for any confidential or sensitive data a Participant mistakenly uploads in breach of this clause.
Technical use restrictions: Participants shall not (i) attempt to hack, destabilize or interfere with the Platform’s proper functioning, (ii) upload, transmit or distribute any viruses, worms, Trojan horses, malware, malicious code or any other software or code of a destructive or disruptive nature, (iii) use the Platform in a manner that could damage, disable, or impair any AESGP systems, or (iv) circumvent any security or access controls of the Platform. Participants will not allow any unauthorized third party to access the Platform using their credentials and will notify AESGP promptly if they suspect any unauthorized access or security breach.
Prohibited activities: The Participant agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the Platform, or any access to the Platform or any contact on the Platform, without AESGP’s prior express written consent. The Participant further understands and agrees that it is strictly prohibited to use the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, European Union, federal, regional or local laws, regulations or rules; (d) to infringe upon or violate AESGP intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, malware, or any other malicious code that may or could be used in any way that will affect the functionality or operation of the Platform, any related website, independent websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Platform, any related website, or the Internet.
Indemnification of AESGP: To the extent allowed by law, each Participant agrees to indemnify and hold harmless AESGP and its representatives and its staff from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) the Participant’s use of the Platform in violation of these T&Cs, (b) any false or misleading information provided by the Participant, or (c) any collaboration, negotiation, or interaction entered into by the Participant with another company as a result of the Platform (except to the extent caused by AESGP’s own breach of these Terms & Conditions.). The Participant shall refrain from any act or conduct that could impair, undermine, or otherwise adversely affect the independence of AESGP, its representatives, or its staff.
This indemnity is intended to protect AESGP from damage arising from Participants’ wrongful conduct or misuse of the Platform, including but not limited to reputational harm and any third-party claims.
Confidentiality
Participants acknowledge that the very fact a particular company has ERA Data for a given API can be sensitive information. The Platform is designed to share this information within a closed user group and anonymously to the Participants until a match is made. Accordingly, Participants shall treat all non-public information obtained through the Platform as confidential. This includes, but is not limited to, any knowledge about what ERA Data other companies have or are looking for, the identity of Participants matched or revealed through the Platform, and any communications facilitated by AESGP between Participants.
Each Participant agrees not to disclose any confidential information obtained via the Platform to any third party outside of the Platform context, except: (a) to its own employees or consultants who have a need to know such information for the purpose of evaluating or pursuing an ERA Data collaboration, and who are under obligations of confidentiality, (b) with the explicit consent of the company that provided the information or to whom the information pertains, or (c) as required by law or regulatory authority (in which case the Participant must, to the extent permitted, notify the affected company and AESGP in advance of such disclosure). The identity of a company having ERA Data for an API should not be revealed in any public forum, marketing material, or to any competitor outside the Platform without permission.
Even internally, Participants must use any confidential information from the Platform solely for the purpose of exploring or executing potential ERA Data sharing agreements and not for any other purpose. Misuse of confidential Platform-derived information would violate these T&Cs and could harm industry trust in the Platform.
AESGP will treat Participant-provided information as confidential and will not disclose it except as needed to operate the Platform and facilitate matches under these T&Cs. AESGP will not publish which specific APIs a particular company has ERA Data for or wish to obtain, nor disclose Participant identities outside the Participant community. AESGP may, however, produce aggregated statistics that do not identify companies (e.g., “X% of listed APIs have at least one company with ERA Data in the Platform”), for reporting or improving the initiative. Such aggregate data will contain no company-specific identification.
The confidentiality obligations in this section shall survive the termination or expiration of a Participant’s membership and remain in effect for a period of at least five (5) years from the date of disclosure of any confidential information (or indefinitely, for trade secrets or as long as the information remains non-public). Participants leaving the Platform must continue to keep in confidence any information learned during their participation.
If a Participant becomes aware of any unauthorized disclosure or use of confidential Platform information, it shall promptly notify AESGP and the affected Participant(s) and cooperate with any remedial efforts. This may include helping to retrieve wrongly shared information or providing assurances to mitigate harm.
If any Participant receives a subpoena or request from a court, regulator, or other authority for information that was obtained through the Platform, that Participant should, to the extent legally permissible, inform AESGP and any affected Participant immediately. Participants will furnish only the minimum information required by law and will seek confidential treatment of such information.
Privacy and data protection
Use of the Platform involves the collection and processing of certain personal data, notably the contact information of individuals acting as Matchmaking Contacts for Participants (names, titles, emails, phone numbers). By registering to the Platform, each Participant and its Matchmaking Contact person acknowledges and agrees that AESGP will process such personal data for the purposes of operating the Platform, facilitating matchmaking, and communicating with Participants. This processing is carried out pursuant to contract and the legitimate interest in administering the Platform, in compliance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws.
AESGP will handle all personal data received in accordance with its Privacy Policy and the key principles of data processing to which AESGP is committed. Participants should review the AESGP Privacy Policy for details on how personal information is used, stored, and protected. By agreeing to these T&Cs, Participants also agree to the terms of the Privacy Notice, which is incorporated herein by reference.
Each Participant must ensure that any personal data it provides to AESGP is provided with the knowledge and consent of the individual, or otherwise in compliance with GDPR. The person registering or acting as Matchmaking Contact should be aware that their contact information will be shared with other companies in case of a match. Participants confirm that they have the authority to share their representatives’ personal data with AESGP for these purposes. Participants will not upload personal data of any individuals beyond what is necessary for Platform use.
As described in the Matchmaking section, a Participant’s personal data will only be disclosed to other Participants when a relevant match is made. This disclosure is an intended part of the Platform service. By joining the Platform, the individual Matchmaking Contact consents to their business contact information being shared with counterparties in potential ERA collaborations. AESGP will not share personal data with any third parties outside of the Platform Participants community, except service providers supporting the Platform’s operations (who will be bound to confidentiality and data protection obligations) or if required by law.
AESGP will implement appropriate technical and organizational measures to secure the personal data and other information on the Platform against unauthorized access, loss, or breach. While AESGP strives to protect Participant data, each Participant understands that no system is completely secure. AESGP will inform Participants of any significant data breach that comes to its knowledge and will act in accordance with applicable breach notification laws.
Individuals whose personal data is processed have rights under GDPR, including the right to access their data, correct inaccuracies, or request deletion in some cases. Such individuals may contact AESGP’s data protection contact as provided in Privacy Notice to exercise their rights. However, deletion of a Matchmaking Contact’s data may affect the Participant’s ability to use the Platform. For example, if no contact is available to share for matchmaking, the company’s membership may need to be suspended unless a replacement is provided.
AESGP will retain personal data related to Platform participation only for as long as necessary to fulfill the Platform’s purposes or as required by law. In general, if a company leaves the Platform, AESGP will remove its contact data from active Platform listings. However, AESGP may keep a record of past participation (e.g., for audit or legal purposes) and basic contact logs for a period of up to five (5) years after termination, all in accordance with data protection laws.
AESGP uses SurveyMonkey Europe UC as the survey service provider. Participants’ responses are being processed via SurveyMonkey Europe UC (5 School House Lane East, Dublin 2, D02 N279, Ireland). This entity acts as a data processor for AESGP, meaning the survey data will be stored on SurveyMonkey’s servers (which, given SurveyMonkey Europe, are within the EU or an adequate jurisdiction.
Participants outside the European Economic Area (if any) acknowledge that personal data might be transferred to and processed in the EU.
AESGP’s role and disclaimers
AESGP’s role in the Platform is strictly that of a neutral facilitator. AESGP provides the online infrastructure and administrative support to allow companies to share limited information and find matches. AESGP does not act as an intermediary or agent for any Participant, nor as a broker of ERA Data. AESGP does not represent either party in any subsequent negotiation and does not take any commission or interest in any transactions that might occur. The Platform is essentially a networking tool provided by AESGP to its Participants to encourage collaboration on environmental matters. AESGP shall be subject only to an obligation of means in providing and operating the Platform and shall not be liable for achieving any specific outcome.
AESGP does not verify, certify, or guarantee the accuracy, quality, or completeness of any information provided by Participants on the Platform. The existence of ERA Data as indicated on the Platform is self-reported by Participants. AESGP makes no warranty that any Participant possesses the ERA Data it claims to have, or that such data is up-to-date, valid, or acceptable to regulators. Participants use the Platform information at their own risk. It is the responsibility of the companies involved, once connected, to perform any due diligence or verification of ERA Data.
A Participant’s inclusion in the Platform or a successful match does not constitute an endorsement by AESGP of that company or its products, services, or data. AESGP does not endorse any specific ERA Data or any claims made by Participants. Likewise, AESGP does not endorse any collaboration. The decision to work together is made solely by the Participants themselves.
AESGP provides the Platform on an “as is” and “as available” basis. AESGP makes no guarantee that the Platform will identify suitable matches or that participation will lead to any actual data-sharing agreements. AESGP disclaims all warranties and conditions, express or implied, regarding the Platform’s performance or the results that may be obtained from its use. AESGP does not warrant that the Platform will be uninterrupted or error-free, or that any errors will be corrected. Technical support will be provided on a reasonable basis, but AESGP is not liable for any inability to access or use the Platform at any time.
Any bilateral collaboration or data-sharing agreement that may result from a Platform match is completely outside the scope of these T&Cs and outside AESGP’s responsibility. AESGP will not be a party to any such agreements. Participants should negotiate and agree on any terms for sharing ERA Data among themselves. AESGP will neither advise on nor mediate any such negotiations. Furthermore, AESGP will not be liable for any breach of contract or other issues that arise between companies because of their independent collaboration.
In consideration of the opportunity to participate in this Platform, each Participant agrees that it will not hold AESGP responsible for any damage or losses arising from any interaction or arrangement made through the Platform (except as expressly provided in these T&Cs). This includes any dispute with another Participant, any failure to agree on terms, or any regulatory outcome related to shared ERA Data. Each Participant releases AESGP from claims relating to the conduct of other Participants or the usability of any data obtained (except to the extent caused by AESGP’s own willful misconduct or breach of these T&Cs).
AESGP has implemented this Platform with the good-faith intention of improving environmental data sharing while strictly respecting competition laws. AESGP does not condone any antitrust violations and has provided guidance to ensure compliance. However, AESGP cannot supervise all communications that occur once Participants are connected. Each Participant is solely responsible for conducting any subsequent interaction in a lawful manner. AESGP disclaims liability for any anti-competitive behavior by Participants. Participants are strongly encouraged to sign appropriate bilateral confidentiality or joint-defense agreements when sharing data and to include clauses that ensure compliance with competition rules. If AESGP becomes aware of any attempt to use the Platform for collusion or cartel-like conduct, it will take immediate action including termination of the membership and possibly reporting to authorities if required.
AESGP does not provide legal or regulatory advice through the Platform. Participants are responsible for understanding their regulatory obligations regarding ERA Data and ensuring that any data-sharing complies with those obligations. AESGP disclaims responsibility for how ERA Data is ultimately used or submitted; that is entirely between the companies and possibly subject to oversight by regulatory agencies.
Limitation of liability
As a general principle, AESGP shall not, under any circumstances, be held liable for the Participant’s failure to perform or comply with any of its obligations under these T&C. AESGP shall be released from any and all liability in respect of any acts, writings, statements or conduct of any kind carried out by the Participant, its employees, agents or any third party, on their own initiative and/or without the knowledge of AESGP, which may have an adverse impact on the proper performance of the tasks entrusted to AESGP.
AESGP makes no guarantee or representation that the use of the Platform or the services provided through it will be uninterrupted, timely, or error-free.
Nothing in these T&Cs shall operate to exclude or limit the liability of AESGP for any matter which cannot be excluded or limited under law. AESGP does not exclude or limit liability for its own intentional misconduct or for any damages resulting in death or personal injury caused by AESGP’s negligence, to the extent such liability cannot be excluded under Belgian law. No limitation in these T&Cs is intended to limit liability for fraud or willful breach by AESGP.
Subject to the above paragraph, AESGP (including its officers, directors, employees, and agents) shall not be liable to the Participant for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of or in connection with the Participant’s use of (or inability to use) the Platform or any match outcome. This exclusion includes, without limitation, any loss of profits, loss of opportunities, business interruption, loss of data, or reputational harm. The Participant acknowledges that the Platform is a program intended to improve industry cooperation and agrees that it assumes full responsibility for any risks of using the Platform and engaging with other companies.
In all cases and to the maximum extent permitted by law, the total aggregate liability of AESGP to any Participant for any and all claims arising under or relating to these T&Cs or the use of the Platform, whether in contract, tort (including negligence) or otherwise, shall be limited to the amount of the annual membership fee (Registration Fee or latest Renewal Fee) actually paid by the Participant to AESGP for the membership term. In other words, the Participant agrees that AESGP’s maximum liability for any damages shall not exceed the fees paid by the Participant for the Platform for that year. This limitation reflects the allocation of risk and the fact that AESGP is a non-profit facilitator providing this service at relatively low cost.
AESGP undertakes to exercise due care in the performance of the tasks entrusted to it, within the limits of the means made available to it. Such tasks constitute, for AESGP, an obligation of means and not of result. Accordingly, AESGP shall not be held liable for the achievement of any specific outcome or result.
The Participant agrees that any claim it may have against AESGP will be brought solely on a contractual basis under these T&Cs, and it waives any right to pursue extra-contractual, or tort claims for matters arising from the performance or use of the Platform to the fullest extent permitted under Belgian law. The parties acknowledge that under Article 6.3 of the (New) Belgian Civil Code, contractual parties can agree to exclude concurrent tort liability except in certain cases. Accordingly, except for cases of AESGP’s intentional misconduct or cause of physical injury, the Participant will not hold AESGP liable in tort for any loss or damage that is covered by or arises out of these contractual T&Cs. This exclusion of concurrent liability is intended to prevent double recovery and to provide legal certainty in the relationship. Nothing in this clause, however, shall be interpreted as restricting the Participant’s ability to seek remedies that cannot be waived by law, such as extra-contractual remedies for the exceptional cases mentioned above where liability cannot legally be limited.
These T&Cs primarily govern AESGP’s liability, but for completeness, the Participant acknowledges that it may be held liable for misuse of the Platform or breach of these T&Cs. If the Participant’s actions or omissions cause damage to AESGP or any other person, the Participant may be responsible for such damage according to law. For example, if a Participant uses the Platform to engage in prohibited conduct that leads to legal inquiries or penalties upon AESGP, that Participant is expected to cover those losses (as per the indemnity clause in Participant Obligations). However, nothing in these T&Cs is intended to impose any liability on the Participant beyond what is provided by law.
AESGP shall not be liable for any dispute, claim, or harm that arises between Participants themselves as a result of a connection made via the Platform. Any issues arising out of a data-sharing negotiation or agreement (such as breach of a confidentiality agreement between two companies, or a disagreement over data quality or payment) are matters strictly between those companies. The Participants agree that they will not involve AESGP in such disputes and, in any event, AESGP is released from any liability in such scenarios, as AESGP is not a party to those dealings.
Each Participant acknowledges that the limitations of liability and waivers in this section are a fundamental part of the agreement to participate, and that without such limitations, the fees charged would likely be higher or AESGP might not offer the Platform. Participants consider the risk allocation herein to be reasonable considering the benefits of participation.
Term, suspension and termination
Membership term: The initial membership term for the Platform begins on the date AESGP confirms the Participant’s access after registration and payment and lasts for one (1) year. Membership will renew on an annual basis upon timely payment of the Renewal Fee, forming successive one-year terms. AESGP will endeavor to remind Participants of upcoming renewal dates, but it is the Participant’s responsibility to ensure fees are paid to maintain active status.
These T&C shall take effect on the date of the Participant’s electronic signature, which shall have the same legal value as a handwritten signature. The T&C shall remain in force for an initial term of twelve (12) months from the effective Date. Upon expiry of the initial term, the membership shall be automatically renewed for successive periods of twelve (12) months each, on the same terms and conditions, unless terminated in accordance with this clause.
Either the Participant or AESGP may terminate the collaboration by giving written notice by registered letter no later than one (1) month prior to the expiry date of the then-current term. Irrespective of the date of notification, provided that the minimum notice period of one (1) month is respected, such notice shall take effect on the next contractual expiry date. The Participant shall remain liable for payment of all invoices up to and including the last day of the applicable term.
The Agreement may be renewed a maximum of ten (10) times, each time for a period of twelve (12) months. After the tenth renewal, the Agreement shall automatically and definitively terminate without further notice being required.
Participant-initiated termination: A Participant may choose to terminate its participation in the Platform at the end of its current membership term by providing at least [30 days] written notice to AESGP via electronic mail prior to the renewal date. In such case, the membership will expire at the end of the paid period and will not be renewed. If a Participant wishes to withdraw mid-term, it may do so by notifying AESGP, but no portion of the annual fee will be refunded for the remaining period (except in cases of material breach by AESGP or as required by law). Upon voluntary termination or non-renewal, the Participant’s access to the Platform will be disabled after the last effective day of membership.
AESGP’s right to terminate or suspend: If the Participant fails to comply, fails to comply properly, or fails to comply within the required time limits with any of its payment obligations or any other contractual obligation, or in the event of bankruptcy, cessation of activity, liquidation or any similar situation, AESGP may, automatically and without any prior formal notice or notice period, either:
- Suspend the performance of its obligations until the overdue invoice or obligation has been fully settled; and/or
- Declare the membership terminated for breach of T&C, without prejudice to AESGP’s right to claim damages.
Any such termination shall be at the sole cost and risk of the Participant and shall not affect AESGP’s right to recover all sums due or to seek compensation for any loss suffered because of the breach.
If AESGP determines or suspects, in its sole discretion, that the Participant is not complying with these T&C, AESGP may terminate the membership at any time, without prior contact or formal notice.
Notwithstanding the above, the Participant shall remain liable for all amounts due and payable as at the effective date of termination (inclusive) and may also be denied access to the Platform.
If the Participant becomes involved in legal proceedings or investigations such that its continued participation could adversely affect AESGP or other members (for example, if authorities allege the Platform is being misused by the Participant in an unlawful way), AESGP may suspend access until the issue is resolved.
AESGP will, if possible, give the Participant an opportunity to remedy a breach within a reasonable period. If remedied, AESGP may lift a suspension. However, AESGP reserves the right to terminate outright in serious cases. Suspension means the Participant temporarily cannot log in or see Platform information, and its data might be hidden from others. Termination means permanent revocation of access and removal from the Platform roster.
Data removal upon termination: Upon any termination, AESGP will remove the Participant’s information from the Platform’s active listings. This means that the Participant will no longer appear as holding ERA Data or having interest in joint ERA data generation for any API. Other Participants will no longer see indications tied to the removed company. AESGP may retain archival records internally (per the Privacy section) but these will not be visible on the Platform. If a company is suspended, AESGP may temporarily hide its data indications until the issue is resolved.
Reactivation and re-entry: AESGP can reactivate membership and restore access after a suspension, potentially including re-listing its data availability if it had been hidden. If a Participant’s membership is terminated (or it left voluntarily) and it wishes to rejoin the Platform later, it must go through the registration process anew. This includes paying the Annual Renewal Fee. AESGP reserves the right to refuse re-entry to any company that was terminated for a serious breach of the T&Cs or legal violation, or to impose certain conditions on re-entry (for example, assurances of compliance, or an initial probationary period of observation). Participants that voluntarily left in good standing will normally be welcomed back upon fresh registration and payment.
Termination of platform: AESGP hopes to maintain the Platform as a long-term initiative, but reserves the right to modify, suspend, or permanently terminate the entire ERA Matchmaking Platform at any time, if circumstances require (for example, lack of participation, funding issues, legal impediments, or strategic changes). AESGP will provide as much advance notice to Participants as reasonably possible in such event. If the Platform is permanently shut down by AESGP before the end of a paid membership term, AESGP will endeavor to refund the pro-rata portion of any fees covering the remaining unused period, unless the shutdown is due to a cause attributable to the Participant(s). If the Platform is permanently shut down because of a breach, misconduct, or any other cause attributable to one or more Participants, AESGP shall not be under any obligation to refund other Participants for any unused portion of their fees. However, AESGP may, at its sole discretion, facilitate appropriate measures to enable the affected Participants to seek compensation directly from the Participant(s) responsible for the shutdown. In such case, AESGP reserves the right to make any claim or recourse against the Participant(s) at fault. Nothing in this clause shall prevent affected Participants from asserting their own claims directly against the Participant(s) at fault in accordance with applicable law.
AESGP’s termination of the Platform is not a breach of these T&Cs but rather an exercise of its right, and except for the pro-rata refund, AESGP shall not be liable for any costs or damages resulting from such discontinuation.
Effect of termination: Upon termination of a Participant’s membership, the rights and licenses granted to the Participant under these T&Cs immediately cease. The Participant must cease any further access or attempt to access the Platform’s non-public areas. However, any provisions of these T&Cs that by their nature should survive termination shall survive, including but not limited to confidentiality, limitation of liability, and governing law and jurisdiction clauses.
No refund for breach termination: If a Participant’s membership is terminated by AESGP due to the Participant’s breach of the T&Cs or other misconduct, the Participant will not be entitled to any refund of fees paid.
Litigation, governing law and jurisdiction
In the event of any dispute, claim, or legal proceeding in which one or more Participants have contributed to, or may have had an impact on, the underlying facts or allegations, such Participants shall voluntarily intervene in the relevant proceedings. Should any Participant fail to voluntarily intervene, AESGP reserves the right to compel their intervention through any legally available means. AESGP further reserves the right to claim compensation from the Participant(s) concerned for all damage suffered in connection with such proceedings, including but not limited to legal costs, reputational harm, financial loss, and any other direct or indirect damage incurred as a result of the Participant’s acts or omissions.
These T&Cs and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with them or the use of the Platform shall be governed by and construed in accordance with the laws of Belgium. The parties expressly exclude the application of any conflict-of-law principles that would mandate the application of laws of another jurisdiction.
All Participants agree that the courts of Brussels, Belgium shall have exclusive jurisdiction to settle any dispute or claim arising out of or relating to these T&Cs or the Platform. Participants agree to submit to the jurisdiction of the Brussels courts (French-speaking) and acknowledge that Brussels, as AESGP’s seat, is an appropriate and convenient forum.
Miscellaneous
Severability: If any clause or provision of these T&C is declared null and void or unenforceable by a court of competent jurisdiction, such nullity shall not affect the validity or enforceability of the remaining provisions of these T&C or of any Fee Schedule. In such a case, the parties shall negotiate in good faith to agree on one or more replacement provisions that, to the greatest extent possible, achieve the purpose and economic effect of the invalid or unenforceable clause.
No waiver: Failure or delay by either AESGP or a Participant to exercise any right or enforce any provision of these T&Cs shall not constitute a waiver of that right or provision. No single or partial exercise of a right precludes further exercise of that or any other right.
Entire agreement: These T&Cs (together with any referenced documents such as the Privacy Notice) constitute the entire agreement between AESGP and the Participant regarding the Participant’s use of the Platform, and supersede all prior or contemporaneous understandings, agreements, negotiations, or communications, whether oral or written, relating to the Platform. Each party acknowledges that in entering these T&Cs it has not relied on any statement, representation, or warranty not expressly set out herein. Any changes or amendments to these T&Cs must be made by AESGP in writing (which may include email notification or an updated click-through agreement). Such changes will become effective on the date specified in the notification, unless the Participant formally objects in writing within 30 days of receiving the notification. In the absence of any formal objection within this period, the Participant shall be deemed to have accepted the amended T&Cs.
No agency or partnership: Participation in the Platform does not create any agency, partnership, joint venture, or employer-employee relationship between the Participant and AESGP. The Participant is not authorized to act on behalf of AESGP, and AESGP will not act as an agent for the Participant. These T&Cs do not confer any rights or remedies upon any person other than the parties hereto (AESGP and the Participants). There are no third-party beneficiaries to this agreement.
Assignment: The Participant may not assign or transfer any of its rights or obligations under these T&Cs without the prior written consent of AESGP. AESGP may assign its rights and obligations to a successor entity or in connection with a merger, reorganization, or transfer of the Platform to another body, provided that the Participant’s rights under these T&Cs are not materially affected.
Notices: All notices or communications required under these T&Cs to AESGP must be sent in writing to AESGP’s official email address: matchmaking@aesgp.eu. AESGP will send any official notices to the Participant’s registered email. Notices are deemed delivered when received (for email, when sent, provided no bounce-back is received).
Force majeure: The performance of AESGP or the Participant obligations shall be suspended in the event of force majeure preventing or delaying the performance of any contractual obligations by either Party. For the purposes of these C&T, “force majeure” shall mean any event beyond the reasonable control of the Party invoking it, which could not reasonably have been foreseen or prevented. Events of force majeure shall include but shall not be limited to strikes or industrial action affecting the Party or any third party whose involvement is required to perform the tasks, unavailability of public, logistical or IT services, or any similar event rendering the performance of the Platform and the matchmaking temporarily or permanently impossible or excessively difficult. In such cases, AESGP or the Participant will use reasonable efforts to notify and resume performance as soon as feasible.
Headings and interpretation: Section headings in these T&Cs are for convenience only and have no legal effect on the interpretation of any provision. Any ambiguity in the interpretation of these T&C shall not be construed against the drafting party.
Acceptance of T&C
By registering for and using the AESGP ERA Matchmaking Platform, the Participant confirms its full acceptance of these Terms & Conditions. These T&Cs constitute a binding agreement between AESGP and the Participant.
If the Participant does not accept these Terms & Conditions, the Participant must inform AESGP in writing without undue delay. In such a case, the Participant shall not be granted access to the Matchmaking Platform.
Acceptance of these T&C is formally evidenced by signature, which may be provided either in physical form or electronically. Electronic signatures have the same legal value and effect as handwritten signatures in accordance with applicable Belgian and EU law. All Participants are encouraged to retain a copy of these Terms & Conditions for their records and to periodically review them for any updates.
AESGP reserves the right to amend or update these T&C, if necessary, and undertakes to publish any such updates on its website. The most recent version of the T&C shall be available for consultation at all times hosted on the Matchmaking Platform ( https://matchmaking.aesgp.eu/terms-conditions/ ). It is the Participant’s responsibility to regularly consult the website in order to remain informed of any modifications to the T&C.