Terms and Conditions of EnergyWater Project
Users of the Services offered by EnergyWater Project acknowledge and accept these terms and conditions.
Owner of EnergyWater Project and related Services
EnergyWater Project
info@energywater-project.eu
Information about EnergyWater Project
The Service provided by the Owner allows the User to run a series of technological tools and receive assistance regarding legal requirements associated with their online activities (eg. website, mobile app, etc.). As part of its Service, the Owner allows the User to create, host and keep one or more document templates up to date online.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through EnergyWater Project, that they upload and post on or through EnergyWater Project, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain EnergyWater Project.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on EnergyWater Project. The Owner is not responsible for the content provided by third parties or for its availability.
Services provided by third parties
Users may use third-party services or content included in EnergyWater Project, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
Registration
In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User’s access credentials.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of EnergyWater Project or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
Responsibilities and duties of the User
The Service provided by EnergyWater Project consists merely in providing Users with technological tools and assistance that helps them with the management of certain legal aspects of their own activities.
It remains the exclusive responsibility of the User to ensure their operations are in accordance with the applicable rules. The Service, in fact, should be understood as an instrument of mere support of the User and under no circumstances replace the advice given by an expert.
In particular, with regard to the generation of Templates, which is carried out autonomously by the User, who remains solely responsible with regard to the verification of compliance with the Template to their activities and the provisions of law.
It’s the exclusive responsibility of the User to, in addition, verify the correspondence of the Template to the characteristics of their own activities such as, purely by way of example, the factual treatment of personal data of their users.
In case of non-compliance of the Templates with the law and/or activity of the User, the User is obliged to refrain from using the Service.
The User is authorized by EnergyWater Project to use the Templates for the duration of the Service only. Therefore, when the Service ends, the User is obliged not to use and not to reproduce the Template provided by the Owner in any way.
Any reproduction in any form of the documents, if not authorized, is considered a violation of copyright of the Owner.
The Service is provided as is
The Service is provided by the Owner as is, with no express or implied warranty for accuracy or availability.
Service interruption
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow users to withdraw their information held by the Owner.
Service reselling
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of EnergyWater Project and of its Service without the Owners express prior written permission, granted either directly or through a proper reselling program.
Indemnity
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the Users content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Forbidden use
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on EnergyWater Project or any portion of it;
- circumvent any technology used by EnergyWater Project or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through EnergyWater Project;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of EnergyWater Project or its content;
- rent, lease or sublicense EnergyWater Project;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- the User may not copy-paste or integrate any of the Templates deviating from the instructions given by the Owner about how to incorporate the Templates themselves (eg. using tools or scripts other than those listed, etc.);
- use EnergyWater Project in any other improper way that violates these Terms.
Privacy Policy
For information about the use of their personal data, Users must refer to the privacy policy of EnergyWater Project which is hereby considered to be part of these Terms.
Copyright
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning EnergyWater Project are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Age eligibility
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use EnergyWater Project.
Limitations of liability
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willfull misconduct or gross negligence, of the activity of EnergyWater Project.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
Notwithstanding the above, the maximum amount recoverable for the total liability of the Company, whether in contract, tort (including negligence), breach of duty, be it mandatory or otherwise, shall in no case exceed the amount paid in the last 12 months of subscription to the Service.
The Owner assumes no liability with regard to the potential damage resulting from interruption of Service due to, by way of example, a power failure or computer problems involving the servers hosting EnergyWater Project or third-party providers of EnergyWater Project.
However, to ensure Users get the best possible quality of the Service, the Owner reserves the right to interrupt the Service for maintenance or need to update the system, informing Users through constant updates on EnergyWater Project.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within EnergyWater Project.
Users who continue to use EnergyWater Project after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
Contacts
All communications relating to EnergyWater Project must be sent using the contacts stated in this document.
Severability
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner’s information in this document.
Definitions
Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the Order.
Order Confirmation
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Example cancellation form
Addressed to the Owner [using their complete contact info]: I/We (*) hereby give notice that I/we (*) cancel my/our (*) contract of the sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Date
Template
Each template relating to the documents for compliance with legal requirements for websites, mobile applications or other software managed the User (eg. templates for privacy policy, cookie policy, terms of use etc).
Service
The service or product offered by the Owner to the User.
User
The natural or legal person who, as part of managing a website, makes use of the Products or Services provided by the Company.
Latest update: February 16, 2017
EnergyWater Project hosts this page and collects some personal data about users.