standard business conditions

standard business conditions

Jan 22, 2016
Friday, January 22, 2016

  1. Scope of application

1.1 On our websites www.partnersforsustainability.ch and www.sustainability.fund (“Fund Finder“), we offer both information (hereinafter also “content”) that may be used free of charge as well as premium information that may be used only against payment of a fee. These Standard Business Conditions apply both to the free and premium content provided to the client by Partners for Sustainability AG. These Standard Business Conditions complement the General Terms of Use available on the partnersforsustainability.ch website.

1.2 You will be informed separately if contractual terms other than these Standard Business Conditions apply to the premium service offered on www.partnersforsustainability.ch and www.sustainability.fund.

1.3 The content and scope of the individual performances are determined by the contract concluded between the user and Partners for Sustainability AG as well as by the present Standard Business Conditions, which constitute the basis for the contractual agreement between the user and Partners for Sustainability AG. Partners for Sustainability AG reserves the right to modify and improve the services and informations.

1.4 These Standard Business Conditions apply effective 1st January 2016 for all new clients.

  1. Services performed by www.partnersforsustainability.ch and www.sustainability.fund

2.1 General rule for all premium services

2.1.1 The premium services on www.partnersforsustainability.ch and www.sustainability.fund are offered by way of an annual subscription. For the duration of the subscription contract, Partners for Sustainability AG grants the client access to the premium content.

2.1.2 Partners for Sustainability AG is obliged to perform, i.e. to grant access to the premium content, only once the client has paid the required fee.

2.1.3 Partners for Sustainability AG is moreover entitled to commission third parties with part or all of the performance.

2.1.4 Prior to conclusion of the contract, Partners for Sustainability AG reserves the right to change, restrict or terminate its offer or to provide content that previously was free of charge only against payment.

2.1.5 After conclusion of the contract, Partners for Sustainability AG is entitled to make significant changes, especially restrictions, relating to the content it has contracted to supply, and to terminate, in whole or in part, services it provides only if making the contractual service available has becoming significantly more difficult or if there is a sound reason for the change. This is the case in particular if Partners for Sustainability AG obtains the content from third parties and these third parties no longer make the content available to Partners for Sustainability AG. In this case, Partners for Sustainability AG is entitled to adjust the content ordered by the client to the changed circumstances and will notify the client accordingly by e-mail. If the content ordered by the client deviates substantially from the content now available, then the client is entitled to cancel on an extraordinary basis within a period of 1 week after receipt of the change notice. For the period after the time of cancellation, the client receives a pro rata refund of any fee already paid.

2.2 Support and help desk: Partners for Sustainability AG provides a help desk (e-mail support) available to users. The help desk answers questions only concerning the functionality of the Fund Finder. It is not responsible for problems relating to the user’s hardware or software.

  1. Scope of content use

3.1 The client is entitled to use the content made available by Partners for Sustainability AG only for the client’s own purposes. In particular, the client is not entitled, without express written consent of Partners for Sustainability AG, to relay content or parts thereof to third parties, to provide third parties with access to the content free of charge or against payment or to make such access possible, or to distribute the content to third parties.

3.2 A different rule applies, however, if and to the extent that the client is expressly permitted commercial use in these Standard Business Conditions or according to the provisions of these Standard Business Conditions. To that extent, the client is entitled to use the content also for commercial purposes. Without express written consent of Partners for Sustainability AG, however, the client may not further distribute the content to third parties or provide third parties with access to the content free of charge or against payment or to make such access possible.

3.3 All contents and services offered by Partners for Sustainability AG to which access is granted to the client are protected by commercial property rights (especially copyrights, trademark rights, patent rights, and other rights) and other laws and may only be used in the form and manner approved by Partners for Sustainability AG. Copyright remains with the applicable owner of the property right. Reproduction, publication, or use in other electronic or printed publications – even in part – of the content supplied is not permitted without express written consent of Partners for Sustainability AG. The client is furthermore not entitled to alter or remove copyright notices, trademarks, or other specifications in the content. Automatic retrieval of the content made available by Partners for Sustainability AG or of parts thereof is not permitted in any form without express written consent of Partners for Sustainability AG.

3.4 If the client violates the rights of use granted to the client or if there is suspicion of misuse of the content supplied, then Partners for Sustainability AG is entitled to block the client’s access to the content without previous notice. Moreover, Partners for Sustainability AG is entitled in such cases to cancel the contract without notice; the payment obligations of the client remain unaffected, however, i.e. fees already paid are not refunded. Additionally, Partners for Sustainability AG is entitled in the cases described above to assert claims for damages where the legal preconditions are met. Within the framework of these claims for damages, the client is required to release Partners for Sustainability AG from any claims made by third parties against Partners for Sustainability AG due to unauthorized use of the content. In particular, the client shall bear any fees of Partners for Sustainability AG arising through the use of third parties. This does not apply if Partners for Sustainability AG grossly negligently or intentionally failed to recognize that an authorized third party made use of access.

  1. Obligations of the client

4.1 The client guarantees that all information provided upon registering such as name, address, etc., is true and complete. The client furthermore affirms that he or she is at least 18 years old and fully legally competent. If the user data changes, the client undertakes to immediately update his or her personal settings.

4.2 The client undertakes to keep the user name and password for access to premium services, i.e. the user name and password for access to the Fund Finder, secret, and especially not to relay them to third parties or make it possible for third parties to access them. In the event of misuse or loss of this information or suspicion thereof, immediate notification must be made to Partners for Sustainability AG.

4.3 Additionally, the client undertakes not to use the content supplied, and the billing system made available by Partners for Sustainability AG in an unlawful manner. In particular, this encompasses the following obligations:

  • the client ensures that entry of the data by the client does not give rise to violations of legal provisions governing legal protection of children and young people, personal rights of third parties, or violations of property rights, especially copyrights of third parties,
  • the client undertakes to refrain from excessive burdening of Partners for Sustainability AG through untargeted or improper distribution of data,
  • the client ensures that the scripts and programmes employed by the client do not contain errors or viruses likely to interfere with provision of services by Partners for Sustainability AG,
  • the client undertakes to keep the user name and password assigned to the client secret. In the event of misuse or loss of this information or suspicion thereof, immediate notification must be made to Partners for Sustainability AG (info@caregroup.ch), the client undertakes not to use the payment system on publically accessible computers.

4.4 If the client violates any of the obligations enumerated above, or if there is suspicion of misuse of the registration, Partners for Sustainability AG is entitled to block the client’s access to the premium content without previous notice. Moreover, Partners for Sustainability AG enjoys the rights mentioned in point 3.4 in such cases.

  1. Entry into effect of the contract

5.1 If the client requests premium content via an online form provided especially for the product in question, the client shall receive access confirmation by e-mail from Partners for Sustainability AG including the data provided by the client when the order was submitted. Irrespective of this access confirmation, the contract governing purchase of the ordered premium content enters into effect when Partners for Sustainability AG activates the content in question for the client or delivers the content to the client and informs the client thereof.

5.2 However, the contract enters into effect only if the client has furnished correct and complete particulars both to Partners for Sustainability AG and to the billing system used by Partners for Sustainability AG and has accepted any standard business conditions of the billing system used.

  1. Prices/Due dates

6.1 All prices published on the website are subject to change. Details on fees for the individual services are available in the individual descriptions and/or on the website. The prices become binding only once the client has been given access to the content in question and/or upon delivery of the content in question by Partners for Sustainability AG.

6.2 Payment for the annual subscription to a premium service becomes due for the first time once the client is granted access to the content in question and/or upon delivery of the content in question by Partners for Sustainability AG. Furthermore, all fees and charges are non-refundable and there are no refunds or credits for partially used periods.

6.3 Partners for Sustainability AG collects the annual fee upon entry into effect of the contract.

6.4 If payments are cancelled, recalled, or not made on any other grounds attributable to the client, such as insufficient funds in the account provided by the client, Partners for Sustainability AG is entitled to block the client’s access to the content in question and/or to suspend delivery of the content in question until the outstanding payment has been made. Partners for Sustainability AG may make the provision of services dependent on receipt of payment.

6.5 Invoices are notified to the client by e-mail to the e-mail address provided by the client on the online form. All prices are exclusive of the value added tax required by law.

6.6 Claims by Partners for Sustainability AG may only be offset by the client with uncontested or legally binding claims. The client only enjoys rights of retention due to claims arising from the individual, concrete contractual relationship of which these Standard Business Conditions are a part.

  1. Payment system/price changes

7.1 Premium content is billed either by Partners for Sustainability AG itself or by a billing service provider commissioned by Partners for Sustainability AG. Partners for Sustainability AG is entitled to commission other third parties with collection and billing of payments. Partners for Sustainability AG guarantees compliance with data protection law to that extent. Partners for Sustainability AG also reserves the right to expand or modify payment options.

7.2 When accessing premium content, the client is authenticated either by Partners for Sustainability AG or by the billing service provider commissioned by Partners for Sustainability AG, and the client’s access to the premium content is logged. When using a billing system, the system bills according to use of the premium content in the name and on the account of Partners for Sustainability AG. No contract is thereby concluded with the billing service provider. For this reason, these service providers also do not assume a warranty for the content provided. Contractual relationships exist only between the client and Partners for Sustainability AG.

7.3 For each payment transaction, Partners for Sustainability AG prepares a digital invoice for the client in accordance with the prices notified by Partners for Sustainability AG.

  1. Term of contract and cancellation

The term of the contract commences on the day the client is granted access to the content in question and/or upon delivery of the content in question by Partners for Sustainability AG. The contract terminates automatically upon expiry of the subscription. Cancellation may, however, also be made in writing and shall be addressed either by post to: Partners for Sustainability AG, Freihofstrasse 22, 8700 Küsnacht, Switzerland, or by e-mail to: info@partnersforsustainability.ch. Note that all fees and charges are non-refundable and there are no refunds or credits for partially used periods. When cancelling, the user name and e-mail address must be furnished. Partners for Sustainability AG reserves the right to cancel on an extraordinary basis and without notice on important grounds (e.g. misuse by the user).

  1. Warranty

9.1 Partners for Sustainability AG hereby expressly informs the client that Partners for Sustainability AG obtains data and information from third parties. Partners for Sustainability AG is unable to verify all information and data supplied by third parties. The data have been researched with the greatest possible care. Moreover, Partners for Sustainability AG carefully selects the suppliers of the information and data and, to the extent possible, implements inspection measures. These inspection measures are only on a sample basis due to the large amount of information and data supplied and the fact that they are continuously updated. Partners for Sustainability AG therefore does not guarantee the correctness, completeness, and currency of the data and information obtained from third parties. For this reason, please consult the bank of your confidence in all cases before carrying out trading activities relating to the securities, derivatives, and other money market instruments described.

9.2 Additionally, Partners for Sustainability AG hereby expressly informs the client that the content made available is provided exclusively for information purposes without obligation. Partners for Sustainability AG does not offer any investment advice, recommendation, or invitation to buy or sell securities, derivatives, or other money market instruments. Please note that investments in securities are fundamentally associated with risks, which make consultation of a professional investment advisor necessary. Total loss of invested capital cannot be ruled out. The content made available in no way replaces professional advice specially tailored to the personal and financial circumstances of the client.

9.3 In principle, Partners for Sustainability AG’s offerings are available to the client at all times. Partners for Sustainability AG reserves the right, however, to limit reachability, especially for technical reasons (maintenance and repair) for a temporary time period. Although Partners for Sustainability AG of course endeavours to keep the content available on a continuous basis, no guarantee can be given that content is always reachable. This applies in particular to services obtained from third parties, such as the supply of data and information. Additionally, the quality of access to the internet and of data traffic on the internet depends on downstream data lines, on which Partners for Sustainability AG has no influence and is thus likewise unable to assume any warranty. In particular, Partners for Sustainability AG assumes no liability in the event of disruptions of the quality of access to the internet and of the data traffic on the internet due to force majeure or due to circumstances beyond the control of Partners for Sustainability AG that significantly interfere with Partners for Sustainability AG’s performances or make them impossible.

  1. Liability

10.1 To the extent that the incomplete, faulty, or delayed performance of services ordered by the client are due to the fault of Partners for Sustainability AG, its organs, employees, representatives, or businesses affiliated with Partners for Sustainability AG as well as its agents, Partners for Sustainability AG assumes liability only in the case of intent and gross negligence. Partners for Sustainability AG assumes no liability for slight negligence. Partners for Sustainability AG likewise assumes no liability for interruptions of service due to disruptions of any kind or that arise from troubleshooting and repairs, maintenance, and introduction of new technologies. The exclusions and limitations of liability referred to above to not apply in the event of violation of significant contractual obligations or injury to life, limb, or health, as well as violation of guaranteed characteristics.

10.2 If Partners for Sustainability AG fulfils the control and selection obligation referred to in point 10.1 concerning the data and information supplied by third parties, then Partners for Sustainability AG assumes no liability for damage arising to the client due to incorrect, incomplete, or outdated information.

10.3 If the client is a business or a legal person under public law, then Partners for Sustainability AG assumes liability only for damage that is foreseeable and typical for the contract, in addition to the limitations of liability referred to in this point 11, but not above an amount of € 2,000 per damage event.

  1. Trouble reports/Complaints

In the event of quality defects, trouble reports, or other complaints, the client may address an e-mail to info@partnersforsustainability.ch.

  1. Data protection

12.1 For the purpose of identifying and billing the content used by the client, Partners for Sustainability AG or the commissioned billing service provider stores only all client data relevant to billing, such as name, address, and bank details. Beyond this, the data provided by the client are used only when and to the extent that the client has consented to such use. The client’s data are not relayed to third parties, unless Partners for Sustainability AG has commissioned a third party to bill its services or Partners for Sustainability AG collects data on behalf of a third party or the client has consented to relaying of the data. To the extent the declared consent of the client refers to use of the data that is not required to fulfil the contract, it may be revoked by the client at any time.

12.2 To the extent usage fees cannot be collected by the billing service provider, the client’s data are forwarded to Partners for Sustainability AG so that Partners for Sustainability AG may itself follow up on the amount due.

12.3 Partners for Sustainability AG complies with data protection rules and vouches for compliance with these requirements by all persons entrusted with processing of this contract. Partners for Sustainability AG hereby points out that, due to the structure of the internet, it is possible that data protection rules are not complied with by other persons or institutions not within the scope of responsibility of Partners for Sustainability AG. In particular, unencrypted data transmitted – even by e-mail – may be read by third parties. Partners for Sustainability AG has no technical possibility to influence this. It is the client’s responsibility, by means of encryption or other means, to protect the data provided by the client from misuse.

  1. Technical specifications

13.1. The user is responsible for ensuring that the hardware and software components employed by the user are suitable for use of the information and communication services operated by Partners for Sustainability AG. On request, Partners for Sustainability AG provides information regarding recommended technical specifications. Partners for Sustainability AG assumes no liability for any damages arising to the user though the use of our services. This applies in particular if damages are due to incompatibility between the components used by the user and those used on www.partnersforsustainability.ch and www.sustainability.fund.

13.2. The costs for acquisition and installation of the hardware and software components required for use as well as for connection with the online services and products of Partners for Sustainability AG are borne by the user.

  1. Changes to Standard Business Conditions

The Standard Business Conditions valid at the time the contract is concluded apply. Partners for Sustainability AG reserves the right to change these Standard Business Conditions. Partners for Sustainability AG will notify the client of any such changes at least 3 weeks in advance by e-mail. The client has the right to object to the changes to the contract by exercising the client’s cancellation right in accordance with point 8 of these Standard Business Conditions. Otherwise, the changes are deemed approved by the client. In the notice of changes, Partners for Sustainability AG will notify the client separately of the client’s right of objection.

  1. Miscellaneous

15.1 The place of performance and jurisdiction for all disputes in connection with this contract is Zürich, to the extent permitted by law. Swiss law applies exclusively, irrespective of whether the content supplied by Partners for Sustainability AG is obtained from Switzerland or abroad.

15.2 Partners for Sustainability AG is entitled to delegate any or all rights and obligations arising from this contract to other affiliated businesses.

15.3 Should any provision of these Standard Business Conditions be void, the remaining provisions remain unaffected. The void provision is deemed replaced by a provision that comes closest economically to the sense and purpose of the void provision in a legally effective way. The same applies to any gaps.