|
|
| |
Terms and Conditions
|
General Conditions
1. Introduction
This web site is built, owned and operated by ECOFYS BV. ECOFYS
is a Private Company under Dutch Law, registered in Utrecht
under number 30161191 and with its registered offices at Utrecht.
There is no specific time limit applying to your access and
use of the web site on these Terms and Conditions. However ECOFYS
reserves the right to suspend or terminate your access and use
of the web site at any time for reasons of, but not limited
to, maintenance or update of the web site. ECOFYS may exercise
this right with or without notice. If applicable, notice will
be given to your e-mail address as notified to ECOFYS. In that
event, notice will be deemed to be served three hours after
transmission or posting.
2. Use of ECOFYS Content
All content on this web site belongs to ECOFYS or its partners
from whom ECOFYS has received the authorisation to use it. You
may retrieve and display content from the site on a computer
screen, print individual pages on paper and store such pages
in electronic form on disk for your personal, non-commercial
use. Except as expressly set out above, you may not reproduce,
modify or in any way commercially exploit any of the content.
In particular but without limiting the general application of
the restrictions you may not do any of the following without
prior written permission from ECOFYS:
1. redistribute any of the content (including by using it as
part of any library, archive or similar service);
2. remove the copyright or trade mark notice from any copies
of content made under these terms;
3. create a database in electronic or structured manual form
by systematically downloading and storing all or any of the
content.
4. Privacy
The personal data that you provide us with will be incorporated
into files belonging to ECOFYS BV, P.O. Box NL-8408 RK Utrecht.
These data will be used for customer administration, market
studies and personalised information and promotional campaigns
concerning our products and services or products and services
of our partners. If you do not wish to receive this type of
information please inform us to that effect by e-mail soltherm@ecofys.nl
or by fax on the following number +31.30.2808301 attn. "soltherm".
You have the right to inspect and, if necessary, correct your
personal data.
5. Limitation of Liability
The content is only for your general information and use and
is not intended to address your particular requirements. In
particular, the content does not constitute any form of advice,
recommendation or arrangement by ECOFYS and is not intended
to relied upon by users in making (or refraining from making)
any specific investment or other decisions. Appropriate advice
should be obtained before making any such decision. Any arrangements
made between you and any third party named on this site are
at your sole risk and responsibility.
You agree that our entire liability, and your exclusive remedy,
with respect to any information or service(s) provided under
this agreement and/or for any breach of this agreement is solely
limited to the amount you have paid for such information or
service. ECOFYS and its contractors shall not be liable for
any damages, whatever their nature is, resulting from the use
or inability to use any information or service or for the cost
of procurement of substitute services. Because some countries
do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such countries, our liability is limited
to the extend permitted by law. We disclaim any and all loss
or liability resulting from, but not limited to : (1) access
delays or access interruptions; (2) data non-delivery or data
mis-delivery; (3) force majeure; (4) the unauthorised use or
misuse of your account number or password; (5) errors, omissions,
or misstatements in any and all information or service(s) provided
under this agreement; (6) our processing of your application
for our services.
The web site contains links to other World Wide Web sites, either
directly or through frames and, where possible, we will make
clear where such links are being made. Those sites are provided
by independent third parties and ECOFYS is not responsible for
their availability or content.
7. Indemnity
You agree to release, indemnify, and hold ECOFYS harmless from
all liabilities, claims, damages, costs and expenses, of third
parties relating to, or arising under this agreement, the services
or information provided hereunder or your use of our services
or information, including without limitation infringement or
dilution by you, or someone else using our service(s) or information
from your computer, of any intellectual property or other proprietary
right of any person or entity, or a violation of any of our
conditions or policies relating to the service(s) or information
provided.
8. Disclaimer of warranties
We expressly disclaim all warranties of any kind, whether express
or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that our service(s) or information will
meet your requirements, or that the service(s) or information
will be provided uninterrupted, timely, secure, or error free;
nor do we make any warranty as to the results that may be obtained
from the use of the service(s) or information or as to the accuracy
or reliability of any information obtained from the web site.
You understand and agree that any material and/or data downloaded
or otherwise obtained from our web site is done at your own
discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that
results from the download of such material and/or data. We make
no warranty regarding any goods or services purchased or obtained
through any of our services or any transactions entered into
through such services. No advice or information, whether oral
or written, obtained by you from us shall create any warranty
not expressly made herein. To the extent jurisdictions do not
allow the exclusion of certain warranties, some of the above
exclusions may not apply to you.
9. Changes to these terms
ECOFYS reserves the right, at its discretion, to make changes
to any part of the web site. If you access the web site and
use the content and the services offered on the web site after
ECOFYS has published the changed version on the web site you
are agreeing now to be bound by such new version. If you do
not agree to be bound by those changes, you should not use the
web site any further.
10. Advertising and sponsorship
Part of the web site may contain advertising and sponsorship.
Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the web site complies with international
and national law. ECOFYS will not be responsible for any error
or inaccuracy in advertising material.
11. Choice of law and jurisdiction
These Terms and Conditions shall be governed by, and construed
in accordance with, Dutch Law.
The parties irrevocably agree that the courts of The Netherlands
shall (subject to the paragraph below) have exclusive jurisdiction
to settle any dispute which may arise out of, under, or in connection
with these Terms and Conditions or the legal relationship established
by them, and for those purposes irrevocably submit all disputes
to the jurisdiction of the Dutch courts.
For the exclusive benefit of ECOFYS, ECOFYS shall retain the
right to bring proceedings as to the substance of the matter
in the courts of the country of your residence or, where these
Terms and Conditions are entered into on the course of your
trade or profession, the country of your principal place of
business.
12. General
You may not assign, sub-license or otherwise transfer any of
your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be
invalid by any court having competent jurisdiction, the invalidity
of that provision will not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain
in full force and effect.
Failure by either party to exercise any right or remedy under
these Terms and Conditions does not constitute a waiver of that
right or remedy.
Headings in these Terms and Conditions are for convenience only
and will have no legal meaning or effect.
|
|
|
|
|
|
