This version in effect since April 15, 2002
This agreement governs your use of the Swiss Canadian Chamber of Commerce (B.C.) Inc. web site and the content, information and services provided through the web site. It exempts the Swiss Canadian Chamber of Commerce (B.C.) Inc. and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the web site, this agreement as it then reads will govern your use.
1. Your Acceptance of this Agreement
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and the Swiss Canadian Chamber of Commerce (B.C.) Inc. ("SCCC"), and governs your use of the SCCC web site and the content, information and services provided through the SCCC web site (collectively the "Web Site"). This Agreement also provides benefits to SCCC affiliates, service providers, suppliers and sub-contractors, including members of the SCCC who have submitted information for posting on the Web Site (collectively "Affiliates and Providers"). Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Web Site.
2. Scope of this Agreement and Changes to this Agreement
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with the SCCC or the Affiliates and Providers (now or in the future) concerning your dealings with the SCCC or the Affiliates and Providers generally.
The SCCC may, in its discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
3. Permission to use the Web Site
The Web Site may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted this Agreement. Persons using the Web Site must comply with all applicable laws. The SCCC may in its discretion refuse permission to access and use the Web Site.
The SCCC endeavors to provide accurate information through the Web Site. Nevertheless, errors may occur. Accordingly, the SCCC reserves the right to change other information available through the Web Site at any time and from time to time without any notice or liability to you or any other person.
5. Other Sites
6. Disclaimer, Liability Exclusion, Liability Limitation, Release And Indemnity
Your use of the web site is at your own risk. The web site is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by the SCCC and the affiliates and providers to the fullest extent permitted by law.
The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. Without limiting the generality of the foregoing, the SCCC and the affiliates and providers make no representation, warranty or condition that: (a) the web site will be compatible with your computer and related equipment and software; (b) the web site will be available or will function without interruption or will be free of errors or that any errors will be corrected; (c) the web site will meet your requirements; (d) the information contained in the web site or derived from the web site will be accurate, complete, sequential, or timely; (e) certain or any results may be obtained through the use of the web site; (f) the use of the web site, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or (g) the use of the web site will not infringe the rights (including intellectual property rights) of any person; and the SCCC and the affiliates and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
- Liability Exclusion
The SCCC and the affiliates and providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the web site by you or any other person, and regardless of any negligence or other fault or wrongdoing by the SCCC or any affiliate or provider or any person for whom the SCCC or an affiliate or provider may be responsible, and notwithstanding that the SCCC or any affiliate or provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.
- Liability Limitation
Without limiting the foregoing, in no event will the SCCC or any of the affiliates and providers' total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by the SCCC or any affiliate or provider or any person for whom the SCCC or any affiliate or provider is responsible, exceed $25 (cdn) or the amount you paid to SCCC for the use of the web site, whichever is less.
You hereby release, remise and forever discharge each of the SCCC and the affiliates and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, sub-contractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the web site.
You agree to indemnify, defend and hold harmless each of the SCCC and the affiliates and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, sub-contractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the "indemnified parties") harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the web site or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defense of any claim or demand.
7. Ownership and Permitted Uses of the Web Site
Copyright © Swiss Canadian Chamber of Commerce (B.C.) Inc. 2002. All Rights Reserved. The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Web Site are the property of the SCCC, the Affiliates and Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. The Web Site may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, linked or distributed in any way, in whole or in part, without the express prior written consent of the SCCC. The framing, mirroring, scraping or data-mining of the Web Site or any of its content in any form and by any method are strictly prohibited. The Web Site may be used only for lawful purposes, using commercially available, SSL-capable Web browser software.
8. Trade-Mark Information
SWISS CANADIAN CHAMBER OF COMMERCE (B.C.) INC™., SWISSCANADIANCHAMBER.COM™, the Swiss Canadian Chamber of Commerce (B.C.) Inc. Logo, and other marks and logos appearing on the Web Site are registered and unregistered trade-marks, trade-names and service-marks owned or licensed by the SCCC. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.
9. Personal Information Privacy
10. Termination of This Agreement and the Web Site
11. Governing Law and Dispute Resolution
The Web Site is controlled by the SCCC from Vancouver, British Columbia, Canada. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of British Columbia and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute between the SCCC and you or any other person arising from, in connection with or relating to the Web Site, this Agreement, or any related matters must be resolved before the Courts of the Province of British Columbia, Canada sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute.
Any claim or cause of action you may have arising from, in connection with, or relating to your use of the Web Site or, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in Vancouver, British Columbia, Canada within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
12. Other Matters
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding anything herein to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: section 5 (Other Sites); section 6 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity); section 7 (Ownership and Permitted Uses of the Web Site); section 9 (Personal Information Privacy); section 10 (Termination of this Agreement and the Web Site); section 11 (Governing Law and Dispute Resolution); and section 12 (Other Matters).
The provisions of this Agreement will endure to the benefit of and be binding upon each of the SCCC and the Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
You and any persons you represent (on the one hand) and the SCCC and the Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to the SCCC.
This Agreement is subject to change without notice.