Terms of Use
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.ebsi.swiss website (the "Service") operated by Energetic Building Sustainability Institute (EBSI) (“EBSI”, "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
SCOPE
These Terms of Use set out the regulations governing the use of the information and services that Energetic Building Sustainability Institute (hereinafter referred to as "EBSI") makes available to users (hereinafter referred to as "Users") via this website and other websites and applications operated by EBSI (hereinafter referred to as the "Website"). They apply to any use and to all transactions executed by Users now or in the future via the Website.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by EBSI.
EBSI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that EBSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all EBSI trademarks, copyright, trade name, service marks, and other EBSI logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of EBSI. You herein agree not to display and/or use in any manner the EBSI logo or marks without obtaining EBSI 's prior written consent.
INTELLECTUAL PROPERTY
Text, images, videos, software, products, services and other information contained in or presented on the Website may not be amended, copied, presented, licensed, published, uploaded, sent or made perceptible in any other way without the prior written consent of EBSI or the right owner in question. This excludes the User's right of use for his/her own personal use, adhering to all copyrights and other proprietary rights.
LIABILITY OF EBSI
Information, software, products and services published on the Website may contain inaccuracies, calculation or spelling errors.
EBSI explicitly excludes, to the extent that is permissible by law, any liability for direct or indirect damage, as well as consequential damage.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF EBSI SERVICES AND WEBSITE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND WEBSITE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. EBSI AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) EBSI AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) EBSI SERVICES OR WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) EBSI SERVICES OR WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE EBSI SERVICES OR WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE WEBSITE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF EBSI SERVICES OR WEBSITE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM EBSI OR BY WAY OF OR FROM OUR SERVICES OR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EBSI AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
RELEASE
In the event you have a dispute, you agree to release EBSI (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
AMENDMENTS
EBSI reserves the right, at our sole discretion, to amend these Terms and Conditions of Use, as well as all of the documents, information and offers made available on the Website, at any time. If amendments are made, they shall apply as of the publication date on the Website. The further use of the Website following such amendments shall be deemed to constitute consent to the amendment on the part of the User.
CONTACT US
If you have any questions about these Terms, please contact us at:
Energetic Building Sustainability Institute
Via Cantonale 35a
CP 462, CH - 6928 Manno
Email: info@ebsi.swiss
Last updated: June 12, 2017