Terms of Use
Last updated: 12/11/2010

Welcome to Ergonos Website (the "Website"). Ergonos - and all its branch offices and affiliates - (hereinafter also referred to as "We", "Our", "Ourselves" or "Us") is a company incorporated under the laws of Switzerland. The present Terms and Conditions of Use (hereinafter referred to as "Terms of use") are submitted to the laws of Switzerland.

By entering this Website, You (hereinafter also referred to as the "User(s)" or "Your") confirm to have carefully read, understood, accepted and agree to be bound without limitation by the present Terms of use.

This Website is intended for adults. If You are not authorised to enter into legally binding contracts under applicable law, please do not use Our Website.

The Website provides information and online services, which may include articles, data calculations, benchmarks and reports (hereinafter also referred to as the "Service(s)") available for purchase from the online buying shop contained on this website (hereinafter also referred to as the "Shop").

Please carefully read Our online Privacy Policy which, together with the present Terms of use, governs Ergonos' relationship with You in relation with the use of the Website. The Privacy Policy contains information regarding matters such as the protection of Your personal data, security, the use of the password protected portion of the Website ("My Ergonos") and the transfer of data via the Website.

Please check for updates regularly as We may post additional terms and/or conditions to the present agreement and/or modify the existing ones. These terms and conditions enter into force on the date of their publication. The date of the last update appears on the top of the document.

Warranty & Liability

We only publish information, photographs, opinions and materials (hereinafter referred to as "Content(s)") which We of good faith believe are correct, accurate, complete, up to date, reliable, truthful, suitable, honest, legal and decent (hereinafter referred to as "Correct") at the moment of their preparation, and which We collected from widely diffused and reliable sources of information that were available to Us at that moment. Moreover, the whole Content of this Website is regularly checked. In spite of that, We can not guarantee that all the Contents are Correct at the time You visit the Website.

Our Services are derived from sources believed to be accurate and reliable, but neither their accuracy nor completeness is guaranteed. In no event shall Ergonos be liable for any direct, indirect, special, incidental or consequential damages arising out of the use of any information expressly or implicitly contained in this publication. It is each reader’s responsibility to evaluate the accuracy, completeness and usefulness of any information provided in this Website and/or our Services.

All intellectual property rights in or related to the Services are and will remain the exclusive property of Ergonos. You will not redistribute or otherwise use the Services for the benefit of third parties or to create a product for resale, provided, however, that You may copy limited amounts of the Services for internal use only, and may copy or quote limited amounts of the Services in external documents only if such uses do not have the purpose or effect of eliminating the recipient's need to purchase Services. All or part of the Services may be used in public presentations, provided that such presentations will not be made available via hardcopies or via the Internet or other electronic means without prior permission from Ergonos. In all cases, the data must be attributed to Ergonos by means of a notice that substantially states "Source: Ergonos Consulting SA, www.ergonos.ch."

Ergonos names, logos and other trademark symbols appearing on this Website are registered trademarks and are protected by intellectual property laws.
This Website may also reproduce logos, brands and trademarks of third parties. All respective rights belong to their owner.

If you wish to copy or use in any manner any Content or software present on the Website, You must first obtain a previous written authorized permission of the owner of the said Content. If this permission is given, You must not delete any notice relating to copy rights or other intellectual property rights.

The photographs used in the Website are solely for the purpose of illustration and shall therefore not be necessarily taken as a representation of the actual services that We offer.

Any Content of this Website may contain statements about Our intentions, projects or expectations. Such statements are subject to known and unknown risk and may therefore lead to different results than the ones directly or indirectly expected. We would also like to remind You that the Content of the pages is for Your general information only. Nothing in this site shall be considered as a substitute for any form of legal, financial, fiscal or any other type of advice. It is Your own responsibility to ensure that any product, service or Content available on Our Website will meet Your specific requirements and needs e.g. by consulting an expert that will deliver You a specific analysis based on Your own specific situation.

Published information regarding Our past performances or any type of Ergonos' past actions shall not constitute a guarantee, nor an indication, regarding Our future performance or actions.

The Contents may change or be deleted in whole or part, anytime without notice. Ergonos may also suspend Your use of all or part of the Website for any reason, without notice. Moreover Ergonos does not warrant that the service of the Website shall be uninterrupted.

Except for those resulting from the present Terms of use and the Privacy Policy, no legal relationships shall be considered as established between You and Ergonos by the use or non-use of Our Website.

Neither Ergonos nor any third party shall endorse any liability for any direct and/or indirect damage, loss, loss of profit, claim, incidental damage, economic loss, loss of goodwill, data and/or intangible losses (hereinafter referred to as "Damage(s)"), directly and/or indirectly linked to one or more of the matters described in the present paragraph.

The use of this Website in general is at the User's own risk.

Contractual relationship and prices

When You place an order to purchase Services from the Shop on this Website, You will be making an offer to buy those Services from Us. It will be subject to acceptance in accordance with these Terms of use.

When You place an order We may send You an email confirming Your order with details of the services to which it relates. If We do so, this is not confirmation that Your order has been accepted by Us. We will not accept Your order at the point of Your payment. We will accept Your order, and as such the contract will be formed between us, only when We have enabled You to complete the download of the material to which Your order relates (unless We have notified You that we do not accept Your order), or delivered the Services to You, as appropriate. You confirm that You have authority to enter into the contract with Us on behalf of any business on whose behalf You use this website.

Due to the nature of the product, all benchmark sales are final. No credits or refunds or exchange can be issued.

Use of the Website

You must in no case use Our Website for activities that are, without limitation, against the law, defamatory, threatening, harassing, obscene, hateful, or embarrassing to Us or to any third party, that may violate Ergonos' or third parties' privacy or that may infringe on trade secrets or intellectual property rights.

Ergonos reserves the right to terminate, with or without justification, Your access to whole or part of Our Website, with or without notice.

Technical Defaults

Ergonos does not guarantee that the functions of the Website will be uninterrupted, error-free or compatible to Your computer and/or system. We expressly reject any direct and/or indirect liability for any direct and/or indirect Damage resulting form one or more of these maters.

Offer

Nothing in this Website constitutes an offer, an invitation to offer, to negotiate, to invest or deal with Ergonos.

Availability of the Products/Services

This Website's Content may contain information about products or services that are not necessarily available (for geographic, legal, availability or any other reasons).

Links from this Website and to this Website from Other Websites

This Website contains links to other websites. Although We in good faith believe that these sites' contents correspond to the standards set forth in the present Terms of use, We do not review the content of any of these websites. Neither Ergonos nor any third party shall therefore be considered as giving any guarantee and/or endorsing any liability for any Damage, directly and/or indirectly linked to one or more of the contents of there websites of for their use or non-use.

You may only insert links to this website from your own website if you comply with the following guidelines:

  • you may not create a frame or any other border around this website;
  • the site from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive; and
  • you must not imply that Ergonos endorses or is associated with any other website, product or service.

Legal Restrictions

Persons to whom a legal prohibition of access to Ergonos' Website (by reason of nationality, residence or other) applies agree not to access Ergonos' Website. Our Website is not directed to any person that might be, by law, forbidden to access Ergonos' Website.

Governing Law and Settlement of Disputes

You and Ergonos agree that the internal federal laws of Switzerland, without reference to its conflict laws, shall apply to any dispute, controversy or claim ("Dispute") arising out or in connection with the present Terms of use, including any question regarding their existence, validity or construction.

All Disputes arising out or in connection with the present Terms of use shall be settled under the Rules of Conciliation and Arbitration of the Chamber of Commerce and Industry of Geneva (Switzerland) by one or more arbitrators appointed in accordance with the said rules. The arbitration seat and actual venue shall be Geneva. The arbitration shall be conducted in the English language.

If any term or condition of the present document is/are declared null and void by a competent authority or will become null and void, then all other terms and/or conditions shall remain in full force and effect. In case of nullity of some of its terms and conditions, the Terms of use shall be competed by adopting a new agreement regarding the null and void provisions which will be integrated in the Terms of use.

Indemnification

You agree to indemnify and hold Ergonos harmless from any kind of direct and/or indirect Damage due directly or indirectly to Your non compliance to the present Terms and Conditions, to Our Privacy Policy or to mandatory law provisions in connection to Your use of the Website.

Comments & Questions

If You have any comment or question regarding the Terms of use, please contact Us at ergonos@ergonos.ch.