Website Terms of use

www.sustainability-impact-awards.se.com

Updated July 2023

The Website is operated and published by the following legal entity: 

Schneider Electric Industries SAS
Registered office: 35, rue Joseph Monier, 92500 Rueil Malmaison – FRANCE
Legal form under French law : « société par actions simplifiée »
Share capital amount: 928.298.512, 00 Euros 
Registered at Companies Register of Nanterre: RCS 954 503 439
VAT number: FR04954503439

To contact us in relation to the Website, please email to: impactawards.partner@se.com

You may also use this email address if you wish to report to us any Schneider Electric Content you think illegal on the Website, as further indicated in Section 12.1 of these Terms of Use.

This email address shall also serve as single point of contact allowing for direct communication, by electronic means, with Member States’ authorities, the European Commission and the European Board for Digital Services for the application of the Digital Service Act Regulation (please email us in English or French at your choice).

Publication Director of the Website:
Mike Hughes
SVP E2E Digital Customer
Relationship
Global Marketing
Schneider Electric
35, rue Joseph Monier
92500 Rueil Malmaison - France

The Website is hosted by the following legal entity:  

AGORIZE
Address : 34 rue du Faubourg Saint-Antoine, 75012 Paris, FRANCE
Phone number : (+33) 01 55 43 79 45

AGORIZE’s servers are located in France and use cloud hosting services of:

Amazon Web Services
Registered headquarters : 410 Terry Avenue North, Seattle, Washington, 98109, United States of America

 

1. Acceptance of the Terms of Use

These Terms of Use govern your access to and use of the Website and the contents available on the Website.

These Terms of Use are entered by and between any individual person accessing the Website in the ordinary course of its professional activity as a Channel Partner, and, as applicable, the company, corporation or other legal entity employing such individual person, (collectively, “You” or “the Website User”) and Schneider Electric Industries SAS (“Schneider Electric”, “we” or “us”). 

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern Your access to and use of the Website, including any content, functionality and services offered on or through the Website. Please read these Terms of Use carefully before You start to use the Website. By using the Website, You accept and agree to be bound and abide by these Terms of Use. If You do not want to agree to these Terms of Use, You must not access or use the Website.

By agreeing to these Terms of Use, You represent and warrant that You are of legal age granting to You in the country or state of Your residence the legal authority to enter into legally binding contracts, and in case You are acting on behalf of any legal entity employing You, You further represent and warrant that You are authorized by such legal entity to enter into the contract formed by Your agreement to these Terms of Use and that such legal entity agrees to be bound by these Terms of Use.

2. Purpose of the Website - Definitions

2.1 The purpose of the Website is to give Channel Partners, Suppliers and Customers (as defined below) registering to the Website, the possibility to learn about and, at their own discretion, to participate to the Schneider Electric Sustainability Impact Awards Program (hereinafter “the Awards Program”). 

Under the Awards Program and subject to the “Awards Program Terms & Conditions” (as defined below), Schneider Electric propose its Channel Partners, Suppliers and Customers to nominate their company with the view of receiving an Award for their contributions to sustainability in their own day-to-day operations and in the products, services or offers their company provides to their own customers to help them progress in their respective decarbonization efforts. 

To this effect and once registered and logged to the Website in accordance with these Terms of Use, the Website Users will be given the possibility to participate to the Awards Program in accordance with and subject to the Awards Program Terms & Conditions. 

The Website is not an online sale interface. No purchase of products, services, solutions, Schneider Electric Content or any other element can be achieved on the Website.

2.2 For the purpose of these Terms of Use, the following terms shall have the following meaning:

“Affiliates” means, with respect to Schneider Electric, any corporation, company or other legal entity that is directly or indirectly (i) controlling Schneider Electric, or (ii) controlled by Schneider Electric, or (iii) under common control with Schneider Electric, and the term “control” shall, for the purpose of this definition, mean the direct or indirect ownership of more than fifty per cent (50%) of the issued share capital of the entity or the legal power to direct or cause the direction of the general management of the entity. 

“Awards Program Terms & Conditions” means the rules governing the operation and administration of the Awards Program as such rules are made available on the Website independently from these Terms of Use, and that apply to Channel Partners, Customers and Suppliers. 

“Channel Partners” means any third-party company, corporation, or other legal person, acting in its ordinary course of business, which is a member of the Schneider Electric partner ecosystem that includes but is not limited to, the following types of businesses: (a) contractors, design firms, EcoXperts, home builders; (b) industrial automation distributors, industrial automation system integrators, IT partners machine integrators, original equipment manufacturers, panel builders, system integrators; and (c) similar categories of direct or indirect business customers of Schneider Electric products, services, systems, or solutions. 

Channel Partners are invited to refer to the Awards Program Terms & Conditions about eligibility criteria for Channel Partners to participate in the Awards Program.

“Customers”: means any third-party company, corporation, or other legal person, acting in its ordinary course of business that purchases the ownership or acquires the right to use Schneider Electric products, services, systems or solutions from Schneider Electric or any of its Affiliates or authorized resellers.

Customers are invited to refer to the Awards Program Terms & Conditions about eligibility criteria for Customers to participate in the Awards Program.

“Intellectual Property Rights” means any and all rights of any kind and any type arising under statute, regulation, ordinance, common law, treaty, convention or otherwise, and including, without limitation any patents, utility models, moral rights, copyright and neighbouring rights, trademarks and trade dress rights, mask work rights, service marks, right in domain names, designs rights, rights in computer software, database rights, rights in confidential information (including but not limited to all rights in know-how and trade secrets) and any other intellectual property rights, in each case whether registered or not, including but not limited to applications and renewals, and all rights and forms of protection having equivalent or similar effect, recognized under the laws of each and every jurisdiction throughout the world.

“Personal Information” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Schneider Electric Contents” means any content or material (such as but not limited to, text, audio, video, images, graphics, drawings, schematics, photos and literature or interactive services such as for example polls), whether or not related to Schneider Electric products, services, systems, or solutions, as well as the domain name, the features, the page headers and footers, the button icons or scripts, the design, selection and arrangement of the Website, that are published, displayed or otherwise made available by Schneider Electric or any of its Affiliates on the Website.

“Suppliers” means any third-party company, corporation, or other legal person, acting in its ordinary course of business, which (a) supplies goods and/or services to Schneider Electric and/or its Affiliates; (b) has an active account in the Schneider Supplier Portal-Supplier Relationship Management (SSP-SRM) portal; and (c) actively participates in the Zero Carbon Project that is Schneider Electric’s new initiative to partner with our top 1,000 suppliers - which represent 70% of Schneider Electric’s carbon emissions - to halve their operations’ CO2 emissions by 2025. You can find more information on the Zero Carbon Project on the following website: https://www.se.com/ww/en/about-us/sustainability/zero-carbon-project.jsp


Suppliers are invited to refer to the Awards Program Terms & Conditions about eligibility criteria for Suppliers to participate in the Awards Program.

“User Communications” means any information, content or material (such as but not limited to, text, audio, video, images, graphics, drawings, schematics, photos and literature), such as but not limited to applications for participation to the Awards Program as further detailed in the Awards Program Terms & Conditions, that are submitted, displayed or otherwise provided through the Website by any Website User to Schneider Electric, any of its Affiliates or any subcontractor designated by Schneider Electric or such Affiliate as acting on its behalf, as part of and for the purpose of such Website User’s participation to the Awards Program.

 

3. Changes to these Terms of Use

We may revise these Terms of Use at any time. Any revision to these Terms of Use will be posted by Schneider Electric on the Website and, at its sole discretion, through any other electronic communication defined by Schneider Electric. All changes resulting from this revision are effective immediately when we post the revised Terms of Use on the Website, and the revised Terms of Use shall apply to any access to and use of the Website by any Website User after the date the revised Terms of Use are published on the Website. 

It is Your responsibility to check the then-current version of the Terms of Use each time You access the Website, and Your continued use of the Website after the date the revised Terms of Use are published on the Website, shall be deemed as your acceptance of and agreement to such revised Terms of Use.

To improve your user experience of the Website, we may also modify, without prior notice, the structure and design of the Website as well as some contents made available thereon.

 

4. User account & Access to the Website

If You wish to access and use the Website, You shall first create a user account and must complete the registration process by providing us with any information required by the registration form made available to You by Schneider Electric for the purpose of the creation and administration of Your user account, such as but not limited to Your first name(s), last name, email address, country, and the name and business type of Your company (“Account Information”). Any refusal to complete one of such required Account Information will prevent You from the possibility to create a user account. When creating Your user account, You are responsible for ensuring that the information You provide us are correct and complete and for informing us of any changes to Your Account Information. 

You are solely responsible for maintaining the confidentiality and security of Your Account Information and, to the extent permitted by applicable law, You will bear responsibility and, as applicable, liability for all activities under Your user account and/or with Your Account Information.

Schneider Electric is not responsible for any losses arising out of the unauthorized use of Your user account or Your Account Information. You agree to notify us immediately of any unauthorized access to or use of Your user account or Account Information.

You are responsible for making all arrangements necessary for You to have access to the Website and ensuring that all persons who access the Website through Your user account are aware of these Terms of Use and comply with them.

Access to the Website to use its features defined under these Terms of Use is free of charge or any other fee payable to Schneider Electric.   Schneider Electric reserves the right to decide that access to and/or the use of whole or part of the Website and its features, will be made against payment by Website Users of a fee or other consideration which Schneider Electric will in such case notify to all Website Users by posting the information on the Website and/or at its sole discretion, through any other electronic communication defined by Schneider Electric.

5. Protection of Personal Information

You are advised to check the privacy notices and privacy policies made available to You by Schneider Electric on the Website.

You are responsible for any third-party Personal Information that You upload, store, create, use, share, modify, delete, or otherwise process during Your use of the Website. You must comply with all applicable laws and regulations, obtain all required consents and make all required notifications in this respect.

6. Intellectual Property Rights

6.1 The Website, the Schneider Electric Contents and the related Intellectual Property Rights, are owned by Schneider Electric, its Affiliates or its licensors.

Any Schneider Electric Content is either copyrighted by Schneider Electric or otherwise the proprietary ownership of Schneider Electric, its Affiliates or its licensors under any applicable Intellectual Property Rights’ laws and international treaties.

Any rights to the Schneider Electric Contents which are not expressly granted in these Terms of Use, are reserved by Schneider Electric, its Affiliates or its/their licensors.

Only the right to use the Schneider Electric Contents is provided to You on the Website. Your use of the Website and the Schneider Electric Contents made available on the Website does not grant, transfer or otherwise convey to You any title, copyright and other Intellectual Property Rights in the Schneider Electric Contents. 

The Schneider Electric Contents may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part.

No transfer or grant of rights under any Intellectual Property Rights applicable to the Website, its domain name(s) or the Schneider Electric Contents, is made or implied by any provision of these Terms of Use, and any use of the Website, its domain name(s) and/or the Schneider Electric Contents other than in strict compliance with these Terms of Use, is strictly prohibited.

6.2 User Communications and the related Intellectual Property Rights are owned by the Website User submitting, displaying or otherwise providing it through the Website or any third-party licensors from which such Website User is deemed to have obtained any necessary rights, licenses and approvals to do so.

6.3 The Schneider Electric name and all related trademarks, company or trade names, logos, products and services’ names, designs, logos, slogans (such as but not limited to “Life is On”) and other designations of Schneider Electric or its Affiliates on the Website or in the Schneider Electric Contents or in connection therewith, are registered trademarks of Schneider Electric, its Affiliates or its/their licensors, or are otherwise protected under any applicable Intellectual Property Rights’ laws and international treaties, and may not be used or reproduced, in whole or in part, without prior written permission of Schneider Electric, its relevant Affiliate(s) or licensor(s). No transfer or grant of rights under any such trademarks, company or trade names, logos, products and services’ names, designs, logos, slogans and other designations and the related Intellectual Property Rights, is made or implied by any provision of these Terms of Use.

 

7. User Communications

The Website provides features that allow the Website Users to submit, display or otherwise provide User Communications on or through the Website, to the sole attention of Schneider Electric, any of its Affiliates or any subcontractor designated by Schneider Electric or such Affiliate as acting on its behalf, as part of and for the purpose of such Website User’s participation to the Awards Program.

All User Communications must comply with the Content Standards set out in these Terms of Use.

Additionally, You represent and warrant that:

  • You own or control all rights in and to the User Communications and have the right to grant the license granted above to us and our affiliates, licensors and service providers, and each of their and our respective licensees, successors and assigns.
  • You shall ensure that all Your User Communications comply with these Terms of Use including, but not limited to, the Content Standards.

You understand and acknowledge that You are responsible for any User Communications You submit or contribute, and You have full and sole responsibility for its legality, reliability and accuracy.

We do not provide any warranty and are not responsible or liable for any User Communications submitted, displayed or otherwise provided to us through the Website by any Website User. All statements and/or opinions expressed in the User Communications, are solely the responsibility of the Website Users having submitted, displayed or otherwise provided it through the Website, and not the opinions of Schneider Electric or its Affiliates.

 

8. Use by Schneider Electric of User Communications

You acknowledge that we may collect User Communications during the course of Your use of the Website. We will not use or disclose User Communications to any third parties except as provided in these Terms of Use and, as applicable, in the privacy notice and privacy policies made available to You by Schneider Electric on the Website. 

You hereby expressly grant Schneider Electric, a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license right, with Schneider Electric’s right to sublicense the same to its Affiliates and third-party contractors acting on its behalf, to store, upload, import, translate, copy, publish and display, use Your User Communications, and create and exploit derivative works (including data analytics) from Your User Communications, for the sole and following limited purposes:

(i) operating the Program through the Website and to proceed with the review of the applications to the Program and to decide upon the award of the Program Awards in accordance with the Awards Program Terms & Conditions, and

(ii) learning from the stories and other experiences from the field that Website Users may have decided to talk about in their User Communications, and leveraging from such lessons to develop improvements to Schneider Electric products, services, systems or solutions, our business models and/or our access to market in relation to our products, services, systems or solutions,

in all cases in accordance with and subject to applicable federal, state, local and international data protection, data privacy and intellectual property laws and regulations. 

No compensation will be owed by Schneider Electric to You or any third-party with respect to the use of Your User Communications in accordance with these Terms of Use. 

You warrant and represent that You have and will maintain all the rights, licenses and approvals necessary to make any User Communication available on the Website and to grant the foregoing rights at no charge to Schneider Electric, its Affiliates and contractors, for the duration of these rights and without further restriction or obligation on Schneider Electric.

In any case, including if the Website User publishing any User Communication on the Website is not the legal owner of any content, information and/or material forming part of said User Communication, the Website User represents that it has and will keep in effect all licenses and approvals necessary to grant the foregoing license rights, at no charge, to Schneider Electric. The Website User represents that it is not exceeding any specified entitlement or permitted use or violating applicable license agreements or applicable laws to grant the foregoing license rights. The Website User agrees to indemnify and hold harmless Schneider Electric from any third-party claims and any costs and other amounts that Schneider Electric, its Affiliates or contractors may incur or otherwise be subject to because of the Website User’s breach of this Section 8 of these Terms of Use.

 

9. Schneider Electric Contents

9.1 Accuracy. Whilst we try and ensure that the information comprised in Schneider Electric Contents published on the Website are accurate, Schneider Electric Content are not necessarily complete, error-free or up to date. Any Schneider Electric Content may be out of date at any given time, and we are under no obligation to update Schneider Electric Content. If we discover material error(s) in any Schneider Electric Content, we will make our best efforts to update such information on the Website as promptly as possible upon our awareness thereof. Any Schneider Electric Content is subject to change without notice by Schneider Electric.

We take every care to ensure that the Schneider Electric Contents we make available on the Website are correct. However, any such images and descriptions on the Website are not intended to be binding and are intended only to give a general description of the Schneider Electric Contents.

You should independently evaluate the accuracy and fitness for Your particular purpose or needs of any Schneider Electric Content made available through the Website. We disclaim all responsibility and liability arising from any reliance You may place on the Schneider Electric Contents. 

In case any Schneider Electric Content would in any extent relate or refer to Schneider Electric products, solutions, systems and/or services, Your use of such Schneider Electric Content shall not release You from complying with any specifications, general descriptions and warnings related to the functionalities, performances and use environments applicable or specified for said products, solutions, systems and/or services.  

You acknowledge and agree that the Schneider Electric Content are intended to be used by Website Users having sufficient qualification which You shall ensure under Your responsibility to obtain and maintain through Your use of the Schneider Electric Content.

In case Schneider Electric publishes polls on the Website to measure Website Users’ satisfaction about their user experience of the Website and/or the Awards Program, Website Users may decide at their own discretion to answer or not the poll. Answers provided by any Website User participating to such polls, shall be deemed to form part of Schneider Electric Contents and shall be treated as such in accordance with the provisions of these Terms of Use.

9.2 Availability of the Website and Schneider Electric Contents. Schneider Electric makes all reasonable efforts to ensure that the Website is accessible at all times. The Website Users may however be prevented from accessing the Website or may experience access problems due to technical difficulties or during maintenance work or upgrades of Schneider Electric Contents. 

We shall use reasonable efforts to provide You with prior notice of any scheduled maintenance of the Website (except for emergency maintenance) and You agree to use reasonable efforts to comply with any requirements notified to You for allowing the conduct of such maintenance.

The Website may be corrected, amended or updated at any time without notice.

Schneider Electric reserves the right to modify the availability of Schneider Electric Contents on the Website at any time and without notice. Schneider Electric makes no representation, nor provides any warranty, that all features of the Website and all Schneider Electric Contents are accessible, available or appropriate in all geographic locations in the world.

 

10. Acceptable use of the Website

You may use the Website and Schneider Electric Content only for lawful purposes and in accordance with these Terms of Use. 

When accessing to and using the Website in any jurisdiction, You are exclusively and fully responsible for Your compliance with all laws and regulations applicable thereto in such country. Attempting to access and/or use the Website in any jurisdiction where such use would be unlawful or otherwise restricted (including but not limited to the case where such restriction would result from embargoes, international sanctions or other controls resulting from export control laws or regulations), is prohibited under these Terms of Use.

You agree not to use the Website or the Schneider Electric Content:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any export control laws and regulations applicable in the US, the European Union member states or any other country).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Schneider Electric, its Affiliates, any of its/their employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To harvest or collect information about users of the Website.
  • To cause injury to any person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Schneider Electric or users of the Website or expose them to liability.

Additionally, You agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or restrict, inhibit or otherwise interfere with any other person’s use of the Website or Schneider Electric Content, including, but not limited to, their ability to engage in real time activities through the Website.
  • Use any robot, spider site search/retrieval application or other manual or automatic device, process or means to retrieve, index, “scrape,” “data mine” or otherwise access the Website for any purpose, including monitoring or copying any of the Schneider Electric Content, or reproduce or circumvent the navigational structure or presentation of the Website.
  • Use any manual process to monitor or copy any of the Schneider Electric Content or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service.
  • Make available through or in connection with the Website any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Interfere with or disrupt the operation of the Website or the systems, servers, or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
  • Use the Website for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Reproduce, modify, adapt, download, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, republish or otherwise exploit any portion of (or any use of) the Website or Schneider Electric Content other than as expressly authorized in these Terms of Use and without Schneider Electric’s express prior written consent.
  • Reverse engineer, decompile, or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark, or other proprietary rights notice from the Website or Schneider Electric Content.
  • Otherwise attempt to interfere with the proper operation of the Website.

You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

In using the Website and the Schneider Electric Contents, the Website User is solely responsible for any commitments it makes to its own partners, customers or any other third-party in relation with such use and any action it undertakes in pursuance of such use.

 

11. Content Standards

These content standards (“Content Standards”) apply to any and all User Communications. 

User Communications must in their entirety comply with all applicable federal, state, local and international laws and regulations. 

Without limiting the foregoing, User Communications must not:

  • Contain any material which is illegal or defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful or otherwise objectionable.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
  • Infringe or misappropriate any patent, trademark, trade secret, copyright or other Intellectual Property Rights, privacy rights or other legal rights of any person.
  • Contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and/or the privacy notice and privacy policies made available to You by Schneider Electric on the Website.
  • Be likely to deceive or to harass any person.
  • Impersonate any person or misrepresent Your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by Schneider Electric or any other person or entity, if this is not the case.
  • Involve contests, sweepstakes, general sales promotions, barter or advertising, without prior written permission from Schneider Electric.
  • Contain advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Schneider Electric.
  • Be designed to cause harm, damage, disable, or otherwise interfere with the Website and/or Schneider Electric Contents.

12. Notice mechanism for illegal contents and Enforcement

12.1 Schneider Electric provides to the Website Users a notification mechanism whereby Website Users can notify Schneider Electric of the presence on the Website of Schneider Electric Contents that Website Users consider to be violating any applicable law or regulation including, without limitation, any law or regulation applicable in one or several European Union member states.  Such mechanism shall also be known as the illegal content notice mechanism.

To exercise such notification right, the Website Users shall send a written notice to the electronic mail address provided by Schneider Electric on the first page of these Terms of Use. 

This written notice shall contain: 

(i) an explanation of the reasons why the Website User considers the concerned Schneider Electric Content to be illegal content;

(ii) a clear indication of the electronic location of the concerned Schneider Electric Content, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;

(iii) the name and an electronic mail address of the Website User submitting the notice;

(iv) a statement confirming the good faith belief of the Website User submitting the notice that the information and allegations contained in its notice are accurate and complete.

Where the notice contains the name and an electronic mail address of the Website User that submitted it, Schneider Electric shall promptly send a confirmation of receipt of the notice to such Website User.

Schneider Electric shall, without undue delay, notify such Website User of its decision in respect of the information to which its notice relates.

Schneider Electric shall process Website Users’ notices in accordance with the terms of this Section 12 and undertakes to take its decision in a timely, diligent and objective manner.

Website Users are hereby informed that Schneider Electric shall suspend the processing of notices submitted by any Website User that misuses the illegal content notice mechanism by frequently submitting notices that are manifestly unfounded. Manifestly unfounded notices shall be notices that have no legal ground and/or that relate to Schneider Electric Contents which are actually not violating any applicable law or regulation including, without limitation, any law or regulation applicable in one or several European Union member states.

Such suspension shall apply during a thirty (30) calendar days period from the date on which Schneider Electric has sent a written notification exposing to the concerned Website User the facts and circumstances which establish the misuse by such Website User of the illegal content notice mechanism.  Such facts and circumstances that Schneider Electric will consider establishing such misuse, shall include at least the following:

(i) the absolute numbers of manifestly unfounded notices submitted in the past year by the concerned Website User,

(ii) the relative proportion thereof in relation to the total number of notices submitted in the past year by the concerned Website User,

(iii) the gravity of the misuse and its consequences, and

(iv) the intent pursued by the concerned Website User.

12.2 Subject to and without prejudice to the provisions of the Awards Program Terms & Conditions and more particularly its provisions related to Applications, Schneider Electric has the right (but not the obligation) to take, or cause third-party contractors acting on its behalf to take, any action with respect to any User Communication that we deem necessary or appropriate in our sole discretion, including:

(i) to review and evaluate User Communications as part of and for the purpose of such Website User’s participation to the Awards Program,

(ii) to refuse to consider for the Awards Program any User Communications submitted, displayed or otherwise provided to us through the Website if we have objective elements inducing or establishing that such User Communication (a) violates whole or part of these Terms of Use and notably the Content Standards, (b) violates any applicable laws or regulations including, without limitation, any law or regulation applicable in one or several European Union member states, (c) infringes any intellectual property right or other right of any person or entity, or (d) could create liability for Schneider Electric or our Affiliates. 

12.3 Schneider Electric has the right (but not the obligation) to take or cause third-party contractors acting on behalf of Schneider Electric to take, any action that we deem necessary or appropriate in our sole discretion, to determine if Website Users’ access to and use of the Website is in compliance with these Terms of Use and applicable laws and regulations.

Schneider Electric also has the right to take appropriate legal action for any illegal or unauthorized use of the Website and/or Schneider Electric Contents available thereon.

Without limiting the foregoing and within the limit of the applicable law, in case we suspect that any activity You make of the Website and/or Schneider Electric Contents may violate or otherwise infringe any law or regulation, we may report it to any appropriate law enforcement authorities or any competent courts of justice, and we have the right to fully cooperate with any law enforcement authorities and to respond to court orders requesting or directing us to disclose the identity or other appropriate information of the concerned Website Users.

13. Links to the Website

You may create link(s) to the Website only from your own website and with our prior express written consent. 

The link(s) to the Website you create in accordance with the foregoing (i) must comply with applicable laws and regulations, (ii) must not be created in a way that damage our reputation or take advantage of it or suggest any form of association between You and Schneider Electric or its Affiliates or any approval or endorsement of your own website by Schneider Electric or its Affiliates. 

You must not establish a link to the Website or any Schneider Electric Content from any website that is not your own website or cause whole or part of Schneider Electric Contents to be displayed or appear to be displayed on any website without prior written consent of Schneider Electric.

You agree to cooperate with us in causing any unauthorized framing or linking to the Website or Schneider Electric Contents to cease immediately.

 

14. Links from the Website to third party websites

Where the Website contains links to other websites, platforms and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval, endorsement, sponsorship, or recommendation by us of those linked websites, platforms, their contents or resources.

Schneider Electric and its Affiliates have no control over those third-party websites or platforms, their contents or resources, and we accept no responsibility for them or for any loss or damage that may arise from Your use of them nor any responsibility for the acts or omissions of any operator of any such website or platform. 

If You decide to access any such third-party websites or platforms or their contents and resources, You do so entirely at Your own risk and subject to said third party’s terms and policies including its privacy policy.

 

15. Warranty and Disclaimer of Warranties

15.1 SCHNEIDER ELECTRIC WARRANTS THAT IT IS ENTITLED TO GRANT YOU THE RIGHT TO ACCESS AND USE THE WEBSITE AND THE SCHNEIDER ELECTRIC CONTENTS IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE.

15.2 SCHNEIDER ELECTRIC DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE AND THE SCHNEIDER ELECTRIC CONTENTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, NOR DOES SCHNEIDER ELECTRIC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE OR SCHNEIDER ELECTRIC CONTENTS, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION YOU MAY OBTAIN THROUGH THE USE OF THE WEBSITE, OR SCHNEIDER ELECTRIC CONTENTS.

15.3 YOU ASSUME FULL AND SOLE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND SCHNEIDER ELECTRIC CONTENTS.

15.4 WHILE SCHNEIDER ELECTRIC TAKES REASONABLE CARE TO ENSURE THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THE WEBSITE IS KEPT UP TO DATE, SCHNEIDER ELECTRIC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR LOSSES ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF ANY OF SUCH INFORMATION NOT BEING ACCURATE, COMPLETE OR UP TO DATE AT THE TIME YOU ACCESS THERETO.

15.5 ALTHOUGH SCHNEIDER ELECTRIC MAKES EVERY ENDEAVOR TO KEEP THE WEBSITE AND THE SCHNEIDER ELECTRIC CONTENTS FREE FROM VIRUSES OR OTHER CONTAMINATION FEATURES, AND DUE TO THE INHERENT RISKS OF TELECOMMUNICATIONS AND TRANSFER OF DATA OVER THE INTERNET, SCHNEIDER ELECTRIC CANNOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE WEBSITE OR THE SCHNEIDER ELECTRIC CONTENTS WILL BE PROTECTED AGAINST ALL POSSIBLE SECURITY THREATS SUCH AS BUT NOT LIMITED TO CYBERSECURITY THREATS. YOU ARE RESPONSIBLE FOR PROTECTING AGAINST CYBERSECURITY THREATS YOUR COMPUTER NETWORKS, SERVERS, MACHINES, PROGRAMS AND DATA (“YOUR SYSTEMS”) THAT YOU USE TO ACCESS AND USE THE WEBSITE AND THE SCHNEIDER ELECTRIC CONTENTS.

15.6 SCHNEIDER ELECTRIC RESERVES THE RIGHT TO INTERRUPT THE OPERATION OF THE WEBSITE OR ANY PORTION THEREOF, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION OR OTHER CHANGES. YOU UNDERSTAND THAT ACCESS TO AND/OR USE OF WEBSITE OR THE SCHNEIDER ELECTRIC CONTENTS MAY BE INTERRUPTED OR COMPLETELY UNAVAILABLE FOR PERIODS OF TIME DUE TO CERTAIN CAUSES WHICH MAY INCLUDE, WITHOUT LIMITATION, MAINTENANCE WORK.

15.7 SCHNEIDER ELECTRIC MAKES NO ADDITIONAL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SCHNEIDER ELECTRIC CONTENTS, WITHOUT PREJUDICE TO ANY STATUTORY WARRANTIES WHICH, AS THE CASE MAY BE, BENEFIT YOU UNDER THE LAW APPLICABLE TO THESE TERMS OF USE OR OTHER MANDATORY OR PUBLIC ORDER LAWS OR REGULATIONS APPLICABLE (ON BOTH FEDERAL AND STATE LEVELS, WHEN APPLICABLE) (1) IN THE COUNTRY OR STATE WHERE YOU HAVE (i) YOUR RESIDENCE IF YOU ARE AN INDIVIDUAL PERSON ACTING AS CONSUMER OR (ii) YOUR REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IF YOU ARE A LEGAL PERSON OR AN INDIVIDUAL PERSON ACTING ON BEHALF OF A LEGAL PERSON, AND/OR, AS RELEVANT IN THE CONTEXT, (2) IN THE COUNTRY WHERE YOU WILL ACCESS TO AND/OR USE THE WEBSITE AND THE SCHNEIDER ELECTRIC CONTENTS. THESE TERMS OF USE MUST BE READ SUBJECT TO ANY SUCH STATUTORY PROVISIONS.

 

16. Limitations of liability

16.1 TO THE EXCLUSION OF (i) DEATH OR PERSONAL INJURY CAUSED TO YOU IN CONSEQUENCE OF YOUR USE OF THE WEBSITE OR THE SCHNEIDER ELECTRIC CONTENTS, or (ii) SCHNEIDER ELECTRIC’s WILFULL MISCONDUCT OR FRAUDULENT MISREPRESENTATION, WHERE IN EITHER CASE NO LIMITATION OF LIABILITY SHALL APPLY, IN NO EVENT SHALL SCHNEIDER ELECTRIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, GOODWILL, REPUTATION, SAVINGS, DATA, DATA USE OR OTHER INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, YOUR ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE WEBSITE OR THE SCHNEIDER ELECTRIC CONTENTS, REGARDLESS OF THE LEGAL GROUND FOR THE CLAIM AND EVEN IF SCHNEIDER ELECTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. 

16.2 TO THE FULLEST EXTENT PROVIDED BY LAW, SCHNEIDER ELECTRIC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY CYBER ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SYSTEMS OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE SCHNEIDER ELECTRIC CONTENTS OR ANY WEBSITE LINKED TO IT.

16.3 SCHNEIDER ELECTRIC SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, PENALTY, SURCHARGES, INTEREST OR ADDITIONAL MONETARY LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO OR THE USE OF THE WEBSITE OR THE SCHNEIDER ELECTRIC CONTENTS, DUE TO (I) THE SUPPLY BY YOU OR ANY THIRD PARTY NOT BEING UNDER CONTROL OF SCHNEIDER ELECTRIC OF INCORRECT OR INCOMPLETE INFORMATION FOR THE PURPOSE OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE OR THE SCHNEIDER ELECTRIC CONTENTS, (ii) THE FAILURE BY YOU OR ANY THIRD PARTY NOT BEING UNDER CONTROL OF SCHNEIDER ELECTRIC TO SUPPLY ANY INFORMATION REQUESTED BY SCHNEIDER ELECTRIC FOR THE PURPOSE OF YOUR ACCESS OR USE OF THE WEBSITE OR THE SCHNEIDER ELECTRIC CONTENTS OR OTHERWISE REQUIRED UNDER ANY APPLICABLE LAWS OR REGULATIONS, (iii) ANY ACT, OMISSION, NON-PERFORMANCE OR DELAY ATTRIBUTABLE TO OR CAUSED BY YOU OR ANY THIRD PARTY BEING UNDER YOUR CONTROL, OR (iv) ANY OTHER MATTER BEYOND REASONABLE CONTROL OF SCHNEIDER ELECTRIC.

16.4 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY STATED IN THESE TERMS OF USE SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO THESE TERMS OF USE AND DO NOT AFFECT OR PREJUDICE STATUTORY RIGHTS WHICH, AS THE CASE MAY BE, BENEFIT YOU UNDER MANDATORY OR PUBLIC ORDER LAWS OR REGULATIONS APPLICABLE (ON BOTH FEDERAL AND STATE LEVELS, WHEN APPLICABLE) (1) IN THE COUNTRY OR STATE WHERE YOU HAVE (i) YOUR RESIDENCE IF YOU ARE AN INDIVIDUAL PERSON ACTING AS CONSUMER OR (ii) YOUR REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IF YOU ARE A LEGAL PERSON OR AN INDIVIDUAL PERSON ACTING ON BEHALF OF A LEGAL PERSON, AND/OR, AS RELEVANT IN THE CONTEXT, (2) IN THE COUNTRY WHERE YOU WILL ACCESS TO AND/OR USE THE WEBSITE AND THE SCHNEIDER ELECTRIC CONTENTS. THESE TERMS OF USE MUST BE READ SUBJECT TO ANY SUCH STATUTORY PROVISIONS.

 

17. Indemnification

You agree to defend, indemnify, and hold harmless Schneider Electric and its Affiliates, its licensors and subcontractors, and its and their respective officers, directors, employees, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees), arising out of or in connection with : (a) Your use of the Website or any Schneider Electric Content; (b) the breach of these Terms of Use, our policies or the violation of applicable laws and/or regulations by You or any person under Your control; (c) Your User Communications including but not limited to any claim involving alleged infringement or misappropriation of third-party’s Intellectual Property Rights by Your User Communications or by the use or the provision thereof on the Website; or (d) any other dispute or litigation between You and any third-party in connection with Your use of the Website or any Schneider Electric Content.

 

18. Applicable law and settlement of disputes

These Terms of Use are governed by and construed in accordance with the laws of France. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

You irrevocably agree to the exclusive jurisdiction of the competent courts of Paris, France, although we retain the right to bring any suit, action or proceeding against You for breach of these Terms of Use in Your country where You have Your registered office or principal place of business or any other relevant country for enforcement of a court decision creating obligation on You.

 

19. General

Entirety of these Terms of Use. These Terms of Use are the entire agreement between Schneider Electric and You regarding the subject matter of these Terms of Use.

Assignment. You may not assign transfer or otherwise dispose of these Terms of Use or any rights or obligations hereunder, by operation of law or otherwise, without Schneider Electric’s prior written approval and any such attempted assignment shall be void. Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Severability. Each of the paragraphs in these Terms of Use operates separately. If a court finds any part of these Terms of Use to be unlawful, the remaining paragraphs will remain in full force and effect.

No waivers. If we do not insist immediately that You do anything You are required to do under these Terms of Use, or if we delay in taking steps against You in respect of Your breaching these Terms of Use, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.

Independent contractors. We and You are independent parties, and these Terms of Use do not create a partnership, joint venture, agency, or employment relationship.


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