I. General terms and conditions of use of the guichet.lu website
Any person using the information, documents, products, software and/or services(hereinafter collectively referred to as the "Services") offered by the guichet.lu website shall be deemed to be aware of, and to have accepted, all the provisions of these general terms and conditions of use.
Definition and objective
1. The guichet.lu website has been set up by the Luxembourg State with a view to facilitating access for its users to information on each of the stages in the life of citizens and undertakings, and to simplify dealings by those users with the various administrative bodies.
2. The guichet.lu website is aimed at two distinct user groups, which are clearly differentiatedby two sections, one of which relates to private individuals (the "Citizens" section) and the other to professional persons (the "Business" section). Each section is made up of two parts: a purely informative part and a transactional part ("MyGuichet") in which users may deal with all or part of their administrative matters directly online. The MyGuichet service is subject to its own terms and conditions of use.
3. Use of the guichet.lu site is free of charge.
Obligations of the user
4. The guichet.lu website is accessible via the internet. The user states that he/she is aware of, and accepts, the associated risks. He/she must guard against the effects of computer piracy by adopting a suitable, secure computer configuration.
5. The Luxembourg State accepts no liability for any loss or damage which the user may suffer, directly or indirectly, in connection with browsing on the guichet.lu website or using the services which it offers, or from accessing any of the other internet websites to which it refers.
7. The user can decide if the web server guichet.lu is allowed or not to store cookies on his computer. He can change the browser options at all times in order not to accept and store cookies. Moreover, the user can remove, all the stored cookies.
8. The use of certain features of the site guichet.lu (eg MyGuichet) may be limited or disabled if the user does not accept cookies from the site. It is therefore recommended that the user sets his browser so that cookies of guichet.lu are accepted.
Changes to the MyGuichet service
9. The Luxembourg State reserves the right to develop, modify or suspend the guichet.lu website, without prior notice, for maintenance or updating purposes or for any other reason which may be considered necessary. In particular, the Luxembourg State may at any time withdraw, add to,supplement or clarify all or any part of the information and Services contained in, or offered on, the guichet.lu website. No liability shall attach to the Luxembourg State for any loss or damage whatsoever, whether direct or indirect, relating to any such changes.
General limitations of liability
10. The Luxembourg State shall use its best endeavours to ensure that the guichet.lu website is as widely available as possible. However, it accepts no liability in the eventof the guichet.lu website becoming temporarily or wholly unavailable.
11. The Luxembourg State shall use its bestendeavours to ensure that the computer system is secure.
12. The Luxembourg State shall use its best endeavours to ensure that the information and Services contained on the guichet.lu website, published on social networks, and the advice and information provided by the Support Centre (Helpdesk), are accurate and correct. However, it accepts no liability in the event of – in particular – any omission with regard to the updating of any information or form, operator error or incorrect encoding, inaccuracy (notably on the geolocalization of the bodies and administrations which is an external service), incomplete or incorrect information, any inaccuracies or omission in the answers given by the Support Centre (Helpdesk). The aim is to disseminate accurate, up-to-date information emanating from a variety of sources, but the Luxembourg State is unable to avoid all risks of material error. None of the information published on the 'Guichet' or provided by the helpdesk in response to an individual request should be considered as exhaustive or as a commitment from the State of Luxembourg. Popularizations and translations are put forward solely for information purposes. Only legal texts published in the Mémorial (Official Journal of the Grand Duchy of Luxembourg) shall be deemed to be authoritative. The information appearing on the guichet.lu website is of a general nature. It is not geared to any personal or specific circumstances, and cannot therefore be regarded as constituting personal, professional or legal advice to the user. If the user needs personal or specific advice, he/she should invariably consult the competent departments within the different administrative bodies.
Links to related sites
13. For the convenience of users, the guichet.lu website may contain links to other websites which they may find useful or interesting. The Luxembourg State,and more particularly the Ministry for Public Service and Administrative Reform, does not systematically monitor the content of those websites. Consequently,they are unable to accept any liability for the content of those websites,either in terms of the legality of such content or as regards the accuracy of the information to be found on them.
The payment of administrative fees of certain procedures can be made by credit card via guichet.lu. It is carried out by the operator CETREL, member of SIX GROUP, using the services of SIX PAY S.A., which secures the payment transactions.
The credit card data do not transit through the Government IT Centre (CTIE) website. The CTIE does not have access to those data. The CTIE does not intervene in the payment procedure. Therefore, it cannot be held responsible in case of malfunction of the operator's application or fraudulent use of credit card data. Regarding payments, the user is subject to the general conditions of CETREL.
14. The guichet.lu website, all the elementscontained in it (including the layout) and the information and Services are protected by the relevant intellectual property and copyright legislation.
15. Unless otherwise stated, the Luxembourg State grants no license or authorization with regard to the intellectual property rights which it holds in respect of the guichet.lu website, the elements contained in it or the Services. Moreover, reproduction of the information or Services, either wholly or in part and in whatever form or by whatever means, is not permitted without the prior written consent of the Ministry for Public Service and Administrative Reform (Ministère de la Fonction publique et de la Réforme administrative).
16. Unless otherwise stated, users are authorized to consult, download and print the available documents and information, on the following conditions:
- documents may only be used for personal purposes, for information and in a strictly private context;
- documents and information may not be modified in any way whatsoever;
- documents and information may not be disseminated outside or beyond the guichet.lu website.
17. The rights impliedly or expressly granted to you above constitute an authorization to use the guichet.lu website; in no circumstances do they constitute a transfer or assignment of property rights or other rights in relation to the guichet.lu website.
Changes to the general terms and conditions of use
18. These general terms and conditions of use maybe modified or supplemented at any time, without prior notice, in line with changes made to the guichet.lu website or changes in the law, or for any other reason which may be considered necessary. It is the responsibility of the user to acquaint him/herself with the general terms and conditions of use of the guichet.lu website, of which only the most up-to-date version accessible online shall be deemed to be in force. It is possible that, in the intervening period between two occasions when the transactional part (MyGuichet) of the guichet.lu website is used, changes may be made to the special terms and conditions of use of MyGuichet, and it is up to the user to read the latest terms and conditions carefully each time before using anew the transactional part of the guichet.lu website.
Applicable law and courts of competent jurisdiction
19. All disputes concerning the use of the guichet.lu website and its Services, including the MyGuichet service, shall be governed by Luxembourg law, and the courts of the Grand Duchy of Luxembourg shall have exclusive jurisdiction to hear and determine such disputes.
II. Special terms and conditions of use applicable to the MyGuichet service
Users of the MyGuichet service, which can be accessed from the guichet.lu website, shall be deemed to have familiarized themselves with, and to have accepted, the entirety of these terms and conditions of use, as well as the general terms and conditions of use of the guichet.lu website.
Definition and objective
20. The MyGuichet service, accessible from the guichet.lu website, offers a package of online services likely to simplify the user's dealings with the administrative authorities.
21. It enables users to complete administrative forms online and to send them electronically to the competent administrative bodies. In addition, users may where appropriate track progress in their dealings with the various administrative authorities.
22. Moreover, users can avail themselves of a confidential storage space, in which they can register, once and for all, and in complete security, their everyday personal data (name, address, etc.), in order where appropriate to simplify the completion of administrative forms. They can also use that space to store, in complete confidence, supporting documents exchanged with the relevant administrative authority. This enables users,in the course of their dealings with authorities, to call up and rely on supporting documents saved in their confidential storage space.
23. Use of the MyGuichet service is free ofcharge and – save where otherwise provided for by law – optional. It is always open to any user to approach the competent administrative body directly with a request that it deal with his/her application in the conventional, non-electronic way.
24. The MyGuichet service is available for use within the framework of the legislation or regulations in force relating to the various administrative procedures offered.
Operation of MyGuichet
25. With the use of MyGuichet, personal information provided by the user and his/her LuxTrust electronic certificate can be memorized, so that, at each new step, the user avoids having to key in his/her data afresh and to pre-complete certain state or communal administrative forms potentially hosted on a third party server. Thanks to the messages sent by the administrative bodies within MyGuichet, users can also track progress in the handling of their dossiers. Only persons authorized by a user may access MyGuichet and the data stored in it. Apart from the information supplied by the user to the administrative body concerned, that body does not have access to the data or the documents stored in MyGuichet.
26. Where a signature is required, the user must sign the online form using an electronic signature.
Legal status of an electronic signature
In accordance with Article 1322-1 of the Civil Code, introduced by the Law of 14 August 2000 on electronic commerce, as amended, use of a person's electronic signature in the context of any step taken via the "Guichet Unique" serves to identify that person and indicates his/her agreement to be bound by the content of the document signed. Consequently,in the event of any dispute, documents signed electronically, and any data guaranteeing the time-stamping, correctness and completeness of the steps taken, will be admissible before the courts and will constitute evidence of the matters contained in them and of the commitments expressed in them.
Limitation of liability of guichet.lu
Liability on the part of guichet.lu is expressly excluded in relation to any consequences, whether direct or indirect, of:
(a) incompatibility between the service offered and the equipment, applications, procedures or infrastructures of the user or of any third party;
(b) any security flaw emanating from the user or a third party, and more generally any security flaw not directly attributable to guichet.lu;
(c) any error and/or fraud perpetrated by the user or a third party;
(d) any unavailability or malfunction of electronic communication systems or networks.
27. Where the user sends his/her form or complete dossier (form, any annexes thereto and supporting documents) by electronic means, the information provided by him/her is registered and then sent directly to the competent administrative body. The computer system places an electronic time-stamp on the dossier sent via MyGuichet, stating and evidencing the date and time of the transmission of the dossier by the competent administrative body. The dossier remains stored in MyGuichet. It is not possible to cancel or modify, via MyGuichet, any dossier which has thus been sent to the competent administrative body. Any request for cancellation or modification must be addressed directly to the administrative body in question.
28. Data sent to the online services of administrative bodies shall remain the responsibility of the user, even where they are sent using the technical means made available by MyGuichet.
29. Data or documents kept by the user in his/her storage space shall remain his/her sole responsibility. Use of the storage space shall not absolve the user from responsibility to retain the original of any document a copy of which he/she has saved in that space.
30. The Luxembourg State reserves the right to withdraw, without prior notice and without being required to pay any form of compensation, access to any personal MyGuichet space which is used for unlawful or fraudulent purposes.
Availability and development of the MyGuichet service
31. The MyGuichet service is available around the clock, seven days a week. However, the Luxembourg State reserves the right to develop, modify or suspend the MyGuichet service, without prior notice, for maintenance purposes or for any other reason which may be considered necessary. The unavailability of the MyGuichet service shall not give rise to entitlement to any compensation. In the event of the planned unavailability of the MyGuichet service, its users shall be informed and shall be invited to take the steps they wish to take by conventional, non-electronic means. The Luxembourg State accepts no liability, whatever the circumstances, in the event of failure by a user to meet a deadline by reason of the temporary unavailability of the guichet.lu website and/or of the MyGuichet service.
Obligations of the user
32. The MyGuichet service is accessible via the internet. The Luxembourg State shall use its best endeavours to ensure the security of the computer system. The user declares that he/she is aware of the risks involved and that he/she accepts those risks. He/she must guard against the effects of computer piracy by adopting a suitable, secure computer configuration. The Luxembourg State accepts no liability for any loss or damage which the user may suffer, directly or indirectly, in connection with browsing on the guichet.lu website or using the MyGuichet service.
Changes to the MyGuichet service
33. The Luxembourg State reserves the right to develop, modify or suspend the MyGuichet service, without prior notice, for maintenance or updating purposes, or for any other reason which may be considered necessary. No liability shall attach to the Luxembourg State for any loss or damage whatsoever, whether direct or indirect, relating to any such changes.
Changes to the terms and conditions of use relating specifically to the MyGuichet service
34. These terms and conditions of use may be modified or supplemented at any time, without prior notice, in line with changes made to the MyGuichet service or changes in the law, or for any other reason which may be considered necessary. It is the responsibility of the user to acquaint him/herself with the terms and conditions of use of the MyGuichet service – of which only the most up-to-date version accessible online shall be deemed to be in force – each time before using that service anew.
III. Data protection
35. Personal data communicated by users shall be processed in accordance with the Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, as amended.
36. The Government IT Centre (Centre des Technologies de l’Information de l’Etat - CTIE) is responsible for processing data .
37. The data will only be processed in order to allow the user to utilize the MyGuichet service and to receive the Guichet newsletter. However, they can also be processed for historical, statistical or scientific purposes.
38. Data contained on the electronic certificate issued by the LuxTrust certification authority shall be automatically registered and stored by the system.
39.Certain data of the users who subscribed to the newsletter, namely their first names and surnames, email addresses will be communicated solely for the sending of the newsletter to a subcontractor of Guichet, the company Experian Cheetahmail based in Paris, France, which is subject to all legal obligations arising from the Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, as amended.
40. Concerning procedures with the communal administrations, whose forms are hosted by them, the necessary data for pre-filling these forms may be communicated to the server of the commune in charge of their treatment.
41. The processing of files sent to the competent authorities via MyGuichet, may involve a transfer of personal data to the competent authorities of another Member State or of a Member State of the European Economic Area.
The data is transferred with the European software application IMI, put in place within the framework of the administrative cooperation and in line with Regulation (EU) 1024/2012 in administrative cooperation through the Internal Market Information System (IMI).
The submitted personal data are processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
Further information on the data transparency and protection aspects of administrative cooperation procedures in IMI are available here.
In accordance with the above mentioned Law on data protection, users shall have the right to access, modify or object to any data processing which concerns them. In order to do so,they should lodge a request to that effect with the Government IT Centre, by letter sent to the following address:
Centre des Technologies de l’Information de l’Etat
1 Rue Mercier
P.O. Box 1111
IV. Guichet.lu on social networks
42. Any user who joined the guichet.lu community on social networks undertakes to exclude any form of discrimination based on race, colour, religion, gender, sexual orientation, age, ethnic origin, disability, marital or employment status.
43. Abusive, racist, sexist or offensive comments do not belong on social networks. These will be removed and reported.
44. Guichet.lu Facebook, Twitter and Google+ accounts are monitored from Monday to Friday from 08.00 to 18.00. The pages are not continuously monitored after working hours, during weekends and holidays.
45. The primarily language used by guichet.lu is French. Depending on the situation and on the target, information may be published in the other two national languages and in English.
46. To the extent possible, the guichet team will provide answers to all the questions or comments in the user's language.