Terms and conditions
General terms & conditions for products purchased and/or accessed online
Content of Agreement
This agreement is made between you (as the “Buyer”) and WSP Schweiz AG (as the “Seller”) from the time at which you first log on to www.pointcarbon.com (“the WSP Schweiz AG Website”). It constitutes your acceptance of these Terms and Conditions in respect of your access to and use of the relevant Products.
“Product(s)” are defined as information, publications or any other material produced by WSP Schweiz AG that are restricted from general viewing unless the person has obtained a paying or trial subscription, username and password from WSP Schweiz AG. “Product(s)” also covers the Carbon Market Insights annual conference and WSP Schweiz AG Workshops.
In consideration of the payment of user fees by the Buyer, the Seller agrees to provide the Products according to the services ordered and accessed by the Buyer.
The Buyer is in this contract defined as the legal entity registered as the user with access to the Products ordered. Unless otherwise agreed with the Seller, the registration gives access for one user (person) only. Redistribution internally and externally is illegal and subject to fines. (See Clause 3).
During and after termination of this contract, the parties shall keep confidential and not disclose all Confidential Information except where:
- it was already lawfully known, or became lawfully known to either of the parties independently;
- it is in, or comes into, the public domain other than due to wrongful use or disclosure by the Buyer;
- use of it is necessary to carry out this agreement; or
- disclosure is required by law.
Confidential Information means all information (whether written or oral) concerning the business and affairs or any other information of either party which is obtained or received as a result of the discussions leading up to, the entering into or the performance of this agreement.
The Buyer is responsible for the use of the Products from the WSP Schweiz AG Website using the Buyer’s username and password.
The Buyer is responsible for protecting and keeping secure their username and password from unauthorized use. The Buyer must not disclose their username and password to any other party, whether internally or externally (refer to Clause 3).
Product and distribution
The Seller will endeavour to ensure that calculations, estimates and projections that it makes in the provision of the Product(s) will be done using prudent methods established by the Seller as an expert in this area.
Redistribution (internally and externally) of all or part of the Product(s) in any form is illegal and punishable by fines up € 50 000 per violation.
The Buyer cannot use all or parts of the Products or in any way communicate the contents and or results presented in the Products as part of a service or product offered to any third party without prior agreement.
Limitation of liability
The Seller does not represent or warrant, at any time during the period of this contract, that access to or use of the Product(s) will be uninterrupted or error-free or that the Product(s) supplied is accurate or correct or that it meets any particular criteria of performance or quality.
The Seller shall not be liable to the Buyer in contract, tort or otherwise for any loss of revenue, business, anticipated savings or profits, loss of goodwill or data and/or for any direct and/or indirect and/or consequential loss whatsoever and howsoever arising suffered or incurred in connection with the performance of the obligations under this agreement including, without limitation, in connection with the Product(s) (whether or not caused by the negligence of the Seller). The Product(s) is provided without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, correctness and delays.
The Product(s), its contents and conclusions, are based on extrapolated calculations and are prognoses and opinions and must be interpreted as such. The Seller shall not be liable for any direct or indirect errors in the Product(s) or in its conclusions and advice.
The Buyer shall accept sole responsibility for and the Seller shall not be liable for the use of the Product(s) by the Buyer (or any user) and the Buyer shall hold the Seller harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.
The Seller shall have no liability whatsoever for any liability of the Buyer to any third party which might arise.
The Buyer assumes full responsibility and risk of, and the Seller shall not be liable for, any loss which results from any transactions or decisions made by the Buyer on the basis of the Product(s) supplied by the Seller.
None of the terms of this contract shall operate to exclude or restrict the liability of the Seller for death or personal injury resulting from the negligence of the Seller.
The data, information, news, analysis, calculations, models, forecasts and systems contained in the Product(s) is the property of the Seller and all rights in such material are reserved and may not without the prior written consent of the Seller be reproduced, published or summarised for distribution or incorporation into a report or other document or otherwise relayed or distributed in any form or by any means whether internally or externally to third parties or persons who have not paid for the Product(s).
Nothing shall confer on the Buyer or its agents any rights over or in the Product(s) save a license to use it upon and subject to the terms of this contract.
The Seller shall not be liable to the Buyer under the terms of this contract or otherwise if the Seller’s breach of its contractual and/or other obligations to the Buyer are due in whole or in part to interruption and delay by reason of matters beyond its control (including but not limited to) acts of God, acts of any government, war, other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labour dispute and/or inability to obtain essential supplies and the like.
Nothing in this agreement shall create or be deemed to create a partnership or the relationship of principal and agent between the parties and the Buyer shall have no authority to buy or to make any representation or warranty on the Seller’s behalf.
Neither this contract nor any part or portion may be assigned, sub-licensed or otherwise transferred by the Buyer without the Sellers prior written consent.
The Seller may without the prior written consent of the Buyer assign any benefit or transfer, delegate or sub-contract any of their duties and obligations under this contract to any company which is associated with the Seller.
Should any provision of this contract be held to be void and invalid, unenforceable or illegal by a court the validity and enforceability of the other provisions will not be affected thereby.
Failure of any party to enforce any provision of this contract will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
Law and jurisdiction
These terms shall be governed by and construed in accordance with the laws of Switzerland and the parties submit to the non-exclusive jurisdiction of the Switzerlandcourts.
Changes to these Terms and Conditions
WSP Schweiz AGreserves the right to add to or change the provisions contained in these Terms and Conditions. The changes will come into effect as soon as they have been amended on the WSP Schweiz AG Website and you will be deemed to have accepted them if you enter the Thomson Reuters Point Carbon Website after that time. If you do not wish to accept the changes to the Terms and Conditions you must terminate this agreement (See clause 11).
You are required to provide WSP Schweiz AG with complete and accurate registration details and to update your information if it changes. If you fail to do so you will be in breach of this agreement.
Content appearing on the WSP Schweiz AG Website may include advertising and other material submitted by parties other than WSP Schweiz AG and the WSP Schweiz AG Website will provide links to other sites operated by advertisers and third parties. It is the responsibility of such advertisers and third parties to ensure that such material and such sites comply with all relevant laws and regulations. (To the full extent permissible by law, WSP Schweiz AG disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
Term and Termination
This agreement shall commence on the date that you first log on to the WSP Schweiz AG Website and shall continue to renew automatically in 12 month intervals until terminated.
You may terminate your subscription in respect of the Products by no less than sixty days written notice prior to the renewal date, however any refund of subscription fees paid is at WSP Schweiz AG’s discretion.
On expiry or termination of this agreement for whatever reason TWSP Schweiz AG will remove the Buyers access to the Products on the WSP Schweiz AG Website immediately.
If the Buyer is a VAT taxable company established for VAT purposes outside Norway, no Norwegian VAT will be charged since the VAT liability is shifted to the recipient of the service (reversed charge). VAT liability is shifted to the recipient in accordance with regulation 24 of the Norwegian VAT law, paragraph 8. For details concerning issues related to VAT, please contact WSP Schweiz AG.
Notes on online payment by credit card
- Cards accepted
We currently accept payment by Visa and Mastercard. WSP Schweiz AG takes no extra charges associated with these transactions.
- Credit Card Security
To ensure the security of your credit card information we use the latest Secure Socket Layer (SSL) technology. SSL is currently the preferred method to securely transfer credit card and other sensitive data over the Internet.Our payment solution supports Verified by Visa and MasterCard© SecureCode™.
WSP Schweiz AG treats all personal information as private and confidential. We do not disclose personal information to third parties except for our service provider hosting our web application. This company works on behalf of WSP Schweiz AG to provide a product or service to you and will use the information solely for technical purposes.