TERMS OF USE

Welcome to the Ergonos Consulting SA website (the "Website"). Throughout these Terms of Use, "Ergonos" "we" "us" and "our" refer to Ergonos Consulting SA and its affiliates along with their directors, officers, employees, agents, independent contractors and representatives. Throughout these Terms of Use, "User" "Users" "you" and "your" refer to the visitors of the Website.
Your use of this Website is subject to the following terms and conditions ("Terms of Use"), which you affirmatively accept by using the Website. Please read these Terms of Use carefully and ensure that you understand them before you use the Website.
We reserve the right to modify the contents of the Website at any time, including the features, availability, or operation of the Website, these Terms of Use, our Privacy and Cookies Policy and/or any policy or notice posted on the Website.
Each time you use the Website, the Terms of Use as they then read will govern your use. Accordingly, when you use the Website, you should check the date of these Terms of Use, which appear at the bottom of this agreement and review any changes since the last version.

Ability to Accept Terms of Use

Each time you use the Website, you signify your agreement, and the agreement of the persons you may represent, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use. If you do not agree with the provisions of these Terms of Use, you may not use the Website. You also affirm that you are over the age of legal majority, and can form legally binding agreements under applicable law.

Informational purpose only

No advice or information, obtained through or from the Website shall create any warranty of any kind. The information and features on the Website do not constitute binding offers of employment and Ergonos does not represent or warrant that job opportunities depicted or mentioned on the Website are currently available.
Unless otherwise specifically stated, the content of the Website is for your general information only. Some pages may contain statements about our intentions, projects or expectations, which are subject to changes as well as information about products or services which are not available in every location. Nothing on this Website 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 (as defined below) 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.
When Content is provided by Website users rather than by us, Ergonos cannot guarantee that the information and content presented is entirely accurate, complete, timely, or authentic. Although we make reasonable efforts to ensure that all information included on the Website is correct, accuracy and integrity cannot be guaranteed and we don’t assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information included on the Website by
the users. Ergonos is under no obligation to post, forward, transmit, distribute or otherwise provide any information and/or material available on the Website.

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.
You guarantee that you have the authority to enter into the sale with us for yourself or on behalf of any business for which you use our Website and that are fully authorized to use the credit/debit card supplied for the purposes of paying for your order and that this credit/debit card has sufficient available funds to cover all of the costs incurred as a result of making the purchase.
By clicking the "Checkout" button during the order process after checking the contents of the order in your "basket", you agree that you fully and unreservedly accepts all of these Terms of Use.
We do not have access to any confidential information about the means of payment. Only our banking partner has access to confidential information (card number, validity date).
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 a 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.
Due to the nature of the product, all benchmark sales are final. No credits or refunds or exchange can be issued.

Use of the Site

All content included on the Website, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, any intellectual property held by Ergonos, and the selection and arrangement of any of these, are the exclusive property of Ergonos, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws.
The copying, downloading and/or printing of information and/or material included on the Website, other than as otherwise expressly permitted by Ergonos, is for User's personal and Ergonos’ clients’ internal use only. Such use is conditioned on User's prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the Website.
All or part of the publically available Content or Ergonos’ publications may be cited in public presentations, provided that such presentations will not be made available via hardcopies or via the Internet or other electronic means without the prior written permission of Ergonos. In all cases, any data must be attributed to Ergonos by means of a notice that substantially states: "Source: Ergonos Consulting SA, www.ergonos.ch."
Any other use of Content and/or material contained on the Website, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information or services obtained from the Website, is expressly prohibited.
Ergonos retains full and complete title to the information and material provided on the Site, including all associated intellectual property rights. Ergonos neither warrants nor represents that use of Content and/or material from the Website will not infringe rights of third parties not affiliated with Ergonos.
Improper use of information provided on the Website and improper use of any hardware or software, including the intent to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website, is strictly prohibited. Users may not interrupt or attempt to interrupt the operation of the Website in any way and Ergonos reserves the right, in its sole discretion, to terminate access to or use of the Site Website at any time without notice. Termination of access or use of the Website will not waive or affect any right or relief to which Ergonos may be entitled at law or in equity.

Content

User hereby acknowledges responsibility for any information and/or material submitted (“Content”) via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) violates the rights of any party or otherwise gives rise to liability or violations of any law, or (iii) contains software viruses, political campaigning, chain letters, mass mailings, or any form of "spam" may not be uploaded to, distributed or otherwise published through the Website.
User warrant and represent that personal information supplied to or obtained from this Website was collected, disclosed to Ergonos and otherwise processed only in strict compliance with applicable law, including privacy and data protection requirements and restrictions. Users warrant and represent that any personal information they access, manage or process is subject to reasonable and appropriate security measures that comply with all applicable laws and include, at minimum, administrative, physical and technical safeguards that protect against the loss, misuse, or unauthorized access, acquisition, alteration or destruction of information.
User may not provide false e-mail address or other personally identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content, their identity, or their education, background and job qualifications. User may not upload commercial content onto the Website.
You may use personal information available on this Website only if you are an authorized User and only for the purposes for which it was provided, including job placement and similar, employment and missions’ related purposes.

Privacy

We process information about you in accordance with our Privacy and Cookies Policy By using the Website and our Service and providing information on the Website you consent to such processing.
Any use of personal information obtained from this Website by any User must be consistent with the Privacy and Cookies Policy posted on this Website, and with any other agreement entered into between Ergonos and the User.

Links

The Website may contain links to other websites, they are provided only as a convenience. Ergonos is not responsible for the content of any other websites, information, material, products or services that may be offered through any of these other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites and different terms and conditions apply to the use of any linked websites. Ergonos is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the websites referenced on the Website.

Internet Access required

To access the Website by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider whether any fees may apply. You are solely responsible for any fees or costs you incur to access the Website through any wireless or other communication service.

Availability of Service

We continuously work to improve the Website and may change it at any time. We reserves the right, without prior notice, to remove specific access, discontinue services, remove or alter content, or retract job openings at any time without incurring any obligations.

Credentials

If you are provided with, a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any provisions of these Terms of Use.
Access to the “My Ergonos” area of the Website is protected. You may select to use a two-factor identification for added security. This option will require you to install the “Google authenticator” Application (the “App”) on your smartphone. The App is available directly through marketplaces such as iTunes, Google Play, Windows Phone Store and Blackberry (each a “Marketplace”) or any other equivalent or successor marketplace. In so doing you are also aware that these Marketplaces may have additional terms, conditions, or usage rules that govern your use of their platform and the App if you download or install the App through such Marketplace (the “Marketplace Terms”).

Intellectual Property

Ergonos's intellectual property, including trademarks, logos, and service marks as displayed on the Website are registered and unregistered trademarks of Ergonos, its affiliates, its licensors and other third parties. All such trademarks, logos, and service
marks are the property of their respective owners. Nothing on the Website shall be construed as granting by implication or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. Ergonos reserves all rights not expressly granted in and to the Website and its content.

Disclaimer

Use of the Website is at the User’s sole risk. The Website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate access to the Website or any feature thereof at any time. Ergonos expressly disclaims all warranties or any kind, whether express or implied that materials on the site are non infringing, that access to the Website will be uninterrupted or error free, that the Website will be fully secure, that the Website or the server that makes the Website available will be virus free or that the information on the Website will be complete, accurate, timely or authentic. If any content is downloaded from or uploaded to the Website, it is done at the User’s sole risk and discretion. Each User is solely responsible for damages to his/her computer system or loss or data that results from the download or upload of any such materials. No advice or information, obtained through or from the Website shall create any warranty of any kind.

Limitation of Liability

Ergonos makes the Website available to you at no charge and, by your use of the Website, you hereby acknowledge that any information sent or received during use of the Website may not be fully secure. Ergonos, its affiliates or business partners will not be liable for consequential or other damages arising out of or in any way related to the Website or the delay or inability to use the Website, or for any information, products, or services advertised in or obtained through the Website, Ergonos’s removal or deletion of any materials submitted or posted on its Website or otherwise arising out of the use of the Website. This disclaimer applies without limitation, to any damages or injury resulting from any failure of performance, error, omission, interruption, deletion defect or transmission, computer viruses, files corruption, communication, unauthorized access, and any other tangible or intangible loss. Users of the Website specifically acknowledge and agree that Ergonos or its affiliates shall not be liable for any defamatory, offensive, illegal or otherwise inappropriate or objectionable conduct of any User of the Website.

Indemnification

Users of the Website agree to indemnify, defend and hold harmless Ergonos and its affiliates, licensors, and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from use of the Website and any violation of these Terms of Use. If technical disruption of the Website or the systems supporting the Website occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Ergonos reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, users of the Website agree to cooperate with Ergonos in defense of such matter.

Severability

If any provision of these Terms of Use should be held unlawful, void or unenforceable, the remaining provisions of shall remain in full force.

No Assignment

You may not assign this Agreement or the rights and obligations under these Terms of use without the express prior written consent of Ergonos, which may be withheld in Ergonos's discretion. Ergonos may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

Jurisdiction and applicable Law

These Terms of Use are governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws principles. All disputes arising from or related to a visit to our website or these Terms of use shall be finally 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 venue shall be in Geneva.

How to Contact Us

Questions or comments about these Terms of Use or the Website may be directed to ergonos@ergonos.ch.

Thank you for visiting our Website.

Last Updated: 04/09/2013