General Terms and Conditions (T&Cs)

Area of application

These General Terms and Conditions (‘T&Cs’) apply to the business division of acting responsibly AG, Blumenrain 50, 2503 Biel/Bienne, Switzerland (CHE-488.297.367, hereinafter: ‘Company’) and in particular also to the use of the Sustainable Impact Tool (hereinafter ‘SIT’). The Company owns and operates the platform www.sustainable-events.com (hereinafter: ‘Platform’) and provides paid and free services on it. The Company also offers consulting services.

These T&Cs apply to the above-mentioned sectors as well as to the other services that the Company provides directly and indirectly to the customer.

Obligations of the Company

1. Service provision

   Unless agreed otherwise in individual cases, the Company will fulfil its contractual obligations by providing the agreed service that is or was published online at the time the contract was concluded.
   The majority of the Company’s services are provided online. For all other services, the registered office of the Company shall be the place of performance, unless otherwise agreed.

2. Auxiliaries

   The parties have the express right to involve auxiliaries to perform their contractual obligations. They must ensure that the involvement of the auxiliary complies with all mandatory legal provisions, in particular also taking into account the provisions of data protection law, and any collective labour agreements, and that contractual obligations entered into with customers and/or third parties are correctly assumed.

Conclusion of contract

The customer, or the person acting on behalf of the customer, shall submit a binding offer to the Company to conclude a contract or to register to receive online services, taking into account these T&Cs. The contract comes into effect when the Company accepts this offer. In the context of the SIT, the contract is concluded with the Company at the time the login details are delivered.
The Company expressly reserves the right to reject an offer to conclude a contract without giving reasons.

Registering to use the SIT

Those interested in using the SIT shall conclude a contract with the Company, irrespective of how they became aware of the SIT. Login details are generated and sent to these people, who must provide an email address and the organisation that represents them. The applicant has the option to provide additional optional information; however, this is not necessary for registration. The Company has the right to request further information, in particular with regard to the power of representation; however, it is not obliged to do so and assumes no responsibility in the context of the power of representation. Furthermore, the Company is free to reject an application without stating a reason.

Licence

1. Use

   The Company grants the customer the right to use the Platform in accordance with the contract. These rights of use are non-exclusive, non-transferable and limited to use by customers. Any transfer of the right of use to third parties, sub-licensing to third parties and any other use of a commercial or other nature that does not take place within the scope of the contractually agreed services is prohibited without the prior express consent of the Company.

2. Limited term

   The contractually agreed content shall be made available to the customer for the term of the contract. After this period, users are no longer entitled to the content or use of the Platform.

Obligations of the customer

1. Exercising rights of use

   Customers are obliged to exercise their rights of use only to the extent agreed. By accepting these T&Cs, users also confirm that they are fully capable of acting and of legal age, and that the person registering is authorised to conclude the contract by the institution to which they belong. By registering, the customer expressly declares that all information provided is true, up-to-date and does not violate the rights of third parties, the principles of morality or the law.

2. Obligations to cooperate

   The provision of data or registration details is voluntary. If desired, the data entered can be deleted at any time and without stating a reason, with the express exception of statutory retention requirements. An email to SIT@actingresponsibly.com will suffice; the right to request proof of identity is expressly reserved. The Company assumes that the information provided is correct and complete. The Company is only responsible for checking the accuracy and regularity of information, documents and figures provided by the customer if this has been agreed in advance in writing.

3. Other obligations

   Customers bear full responsibility for the secure storage of login details and passwords. Users are responsible for the content of the data and information collected.
   However, the Company is entitled to check the legality of the content recorded by users on the online Platform at any time. It is also free to block access if misuse is suspected.

Withdrawal/termination

Both parties have the right to withdraw from or terminate the contract at any time. The withdrawing party must fully compensate the other party for the expenses already incurred and indemnify the other party. Withdrawal at an inopportune time is not permitted.

Warranty/exclusions

1. Availability

   The Company shall endeavour to ensure good availability of the SIT and shall take reasonable precautions to protect it from unauthorised interference by third parties.

2. Disclaimer of warranty

   However, it cannot guarantee that the Platform and the services offered will function without interruption or disruption, nor can it guarantee that the files are free of viruses. The Company assumes no guarantee for the accuracy, completeness, reliability or quality of the information and documents published or transmitted. Furthermore, it cannot provide any guarantee against spamming, malicious software, spyware, hacking or phishing attacks, etc. that impair the use of the service or damage or otherwise harm the infrastructure (e.g. end devices and PCs) of the customer. The Company cannot guarantee the accuracy, completeness, reliability or quality of the information and processes provided, published or transmitted, or of the work results of the services. Any problem or defect must be reported to the Company immediately.

Data protection

The Company may process and use the data collected during the conclusion of the contract in order to fulfil the obligations arising from the contract. The Company will take the necessary measures to secure the data in accordance with the statutory provisions. Customers fully agree to the storage and contractual use of their data by the Company and are aware that the Company is obliged and entitled by order of courts or authorities to disclose information about users to them or to third parties. Unless expressly prohibited by the organisation, the Company may disclose the non-personal data provided by the organisation to third parties for review and for the purpose of developing and improving the performance of the organisation. Data is only disclosed in aggregated and anonymised form for communication and advertising purposes. The data necessary for service fulfilment may also be passed on to contracted service partners or other third parties (contract data processors who may only use the data as permitted by the Company) for the purpose of fulfilling contractual obligations.

Changes

The Company may amend these General Terms and Conditions. The new version comes into force upon publication on the Company’s website.
The version of the T&Cs in force at the time the contract is concluded shall generally apply to customers, unless they have expressly agreed to a newer version of the T&Cs.

Priority

These T&Cs take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these T&Cs take precedence over these T&Cs.

Severability clause

Should any provision set out in this contract or an appendix to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.

Confidentiality

Both parties and their auxiliaries undertake to treat as confidential all information submitted or acquired in connection with the services. This obligation shall continue to apply even after termination of the contract.

Force majeure

If timely fulfilment by the Company, its suppliers or third parties involved is rendered impossible by force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, thunderstorms, storms, wars, unrest, revolutions and riots, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company is released from fulfilling the relevant obligations for the duration of the force majeure and for a reasonable start-up time after its end. If the force majeure lasts longer than 30 days, the Company may withdraw from the contract. The Company must fully reimburse the customer for any payments already made.
Any further claims, in particular claims for damages due to force majeure, are excluded.

Applicable law/place of jurisdiction

These T&Cs are subject to Swiss law. Unless mandatory statutory provisions apply, the court at the registered office of the Company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.