TERMS and CONDITIONS
Use of the BVOneSource site, available via http://www.bvonesource.com, inclusive of any associated offline components (the "Site"), is governed by these Terms and Conditions. The Site is owned by Bureau Veritas Consumer Products Services, through its entity Bureau Veritas Hong Kong Limited ("BVCPS"). An individual accessing and using this Site (“You”) may only do so if he or she is an authorized user (“User”) who has been supplied a user identification and password by BVCPS’s client (the “Client”), or by BVCPS at such Client’s request.
In return for gaining access to the Site and using it, You confirm that You have carefully reviewed and agree to be bound by the following Terms and Conditions without limitation or qualification. By providing Your e-mail address to log in to the Site, You provide your consent for BVCPS to process that personal data for the purpose of allowing You to log in and allowing BVCPS to send You e-mail communications for business purposes through any of the Site’s applications. If You are not an authorized User and/or You do not intend to be legally bound by these Terms and Conditions and/or You oppose BVCPS’s processing of your e-mail address, do not access and use the Site. To the extent that You are subject to a separate written agreement between BVCPS and a Client governing Your use of the Site, such agreement shall control.
BVCPS reserves the right to change these Terms and Conditions and to make changes to any of the products or programs described in the Site at any time without notice or liability. Any such revisions are prospectively binding on You and therefore You should periodically visit this page when You use the Site to review the then current Terms and Conditions that bind You.
1. RESTRICTIONS ON USE: a. Without BVCPS's prior written consent, You may not: i. Copy, frame, mirror, distribute, republish, upload, post or transmit any of the material on the Site that is produced or provided solely by BVCPS (the "Material"), except that You can download the Material and use it for the Client’s internal business purposes only and distribute copies within your organization; or ii. Share or provide any training materials or any other documents associated with the Site to any third party. b. You shall not: i. Delete or change, or create any derivative works of, any part of the Material, including copyright, trademark or other proprietary rights notices; ii. Modify, decompile, disassemble, or reverse engineer the Site or attempt to do so; or iii. Access the Site in order to build a competitive product or service, or copy any features, functions or graphics of the Site. Any action inconsistent with this clause 1.b. violates BVCPS's intellectual property rights. c. Any data provided by You or the Client to BVCPS pursuant to use of the Site or created by You or the Client within the Site and that is not part of the Material (the “Client Data”) is not subject to these limitations. However, You must ensure the accuracy, quality, integrity and legality of Client Data and of the means by which You acquired Client Data. d. BVCPS will assign You a password or passwords for access. You may not disclose the password(s) to anyone outside your organization or permit any third party who is not a User to access the Site. Unauthorized access to this Site is prohibited. You shall not attempt to gain unauthorized access to the Site or its related systems or networks and shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Site, and notify BVCPS promptly of any such unauthorized access or use. e. You shall use the Site only in accordance with these Terms and Conditions, the user guide(s) which may be made available to You by BVCPS, and applicable laws and government regulations. You shall not: i. Knowingly use the Site to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs (“Malicious Codes”), or material that is unlawful, tortious, or in violation of third-party privacy rights; or ii. Interfere with or disrupt the integrity or performance of the Site or third-party data contained therein. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities.
2. OWNERSHIP: Unless otherwise noted, all images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, web pages, or other materials, software, software licenses, content, copyrights, trademarks or names, trade dress, copyrights, or logos that may be contained in the Site (collectively "Intellectual Property") are the exclusive property of BVCPS. Nothing in this Agreement shall convey or be deemed to convey in any way to You any rights whatsoever of ownership or license to BVCPS's Intellectual Property. You agree not to copy or otherwise use in any way, except as authorized in writing by BVCPS, BVCPS's Intellectual Property. You will not in any way dispute or do anything to impair the validity of BVCPS's Intellectual Property or BVCPS's sole ownership and right to use and control the use of its Intellectual Property. BVCPS shall be free to use and employ its general skills, know-how, and expertise, and to use and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of providing services through the Site, so long as it acquires and applies such information without disclosure of any confidential or proprietary information of the client. BVCPS reserves all rights, title and interest in and to the Material and the Site, including all its Intellectual Property rights and Intellectual Property rights to its derivative reports, analysis, commentary and similar such work product produced by BVCPS through study of Client Data, provided the Client is not specifically identified on a named and public basis within such works. BVCPS shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the Material or the operation of the Site. BVCPS expressly acknowledges and agrees that this does not apply to any of the work that BVCPS or its agents may do to configure the Site specifically for the Client.
3. RESTRICTION OF LIABILITY: BVCPS is not liable for any damages or injury to anyone caused by any error, omission, interruption, defect, delay in transmission, computer virus, communications line failure or unauthorized access. Except to the extent provided otherwise in another agreement between You and BVCPS, BVCPS is not liable for any damage or injury, including special, incidental, exemplary, punitive or consequential damages that result from the use of, or the inability to use, the Material, even if BVCPS has been negligent or has been advised of the possibility of such damages. This limitation may not apply to You if applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages. BVCPS's total liability to You for all losses or damages (whether in contract or tort or other cause of action) does not exceed the amount You paid to access this Site.
4. JURISDICTION: The Material is made available on the Site to provide data and information services to Users. BVCPS controls and operates the Site from Hong Kong. If You use the Material from other locations, You are responsible for complying with local laws. Some software may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported in violation of those controls.
5. DISCLAIMER: The Material available on the Site could include inaccuracies or typographical errors. BVCPS may make changes or improvements at any time. THE MATERIAL IS PROVIDED "AS IS" AND NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES OR USE, IS MADE BY BVCPS. BVCPS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BVCPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT BVCPS) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS EXCLUSION MAY NOT APPLY TO YOU IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
6. TERMINATION: BVCPS or You may terminate these Terms and Conditions at any time. You may terminate these Terms and Conditions by destroying all Materials obtained from the Site and all related documentation, copies and installations and notifying BVCPS to cancel your password(s). BVCPS may terminate these Terms and Conditions immediately without notice if You breach any term of these Terms and Conditions. On termination, You must destroy all Material in your possession. BVCPS has no obligations whatsoever to replicate or transfer data to You during these Terms and Conditions or upon termination of these Terms and Conditions.
7. ADDITIONAL REGULATIONS TERMS
a. SCOPE OF SERVICES AND CONTENT. i. Regulations is limited to research regarding the requests or issues identified by the Client in the applicable Order Form. Any prior verbal opinions addressing the subject matter of Regulations are void and should not be relied upon in the ordinary course of business nor are any such oral representations binding upon BVCPS. ii. BVCPS provides the Regulations content as a resource of general information. The Client and Users accept that information contained therein is subject to change without notice by governments, regulatory bodies, or other industry associations. iii. Regulations content does not constitute nor should be deemed to constitute a legal opinion on the subject matter presented, nor does the information contained therein replace any applicable legal or regulatory requirements, and is provided "as is." iv. Except where agreed in writing, BVCPS has no duty or obligation to change, update or supplement Regulations content after publication, whether in light of new information provided by the Client or changes in the law or variations in any other relevant information forming the basis of Regulations content. Any requests for changes, supplements, or additions to Regulations should be made by the Client in writing and shall be valid only if agreed in writing by an authorized representative of BVCPS. v. The Client and Users recognize that Regulations content is confidential in nature and intended for the exclusive use of the Client and Users. The Client and Users shall keep such information confidential and shall not disclose or divulge the same to any unauthorized person or entity, and shall assume full responsibility for any breach of said undertaking.
b. THIRD-PARTY LINKS. Regulations may include references to websites and hyperlinks for the convenience of the Client and Users. These websites and hyperlinks are owned and operated by third parties. i. BVCPS does not own or control these third-party websites, and does not warrant the accuracy, completeness, timeliness, reliability, or availability of any information included within these third-party websites. ii. Access to and use of these third-party websites is at the Client's and Users’ own discretion and risk. iii. Third-party trademarks or other intellectual property used or referenced but not owned by BVCPS, are protected by law. Such third parties have proprietary rights in those trademarks or other intellectual property.
c. INTELLECTUAL PROPERTY. Unless otherwise agreed in writing by the parties, the Client and Users shall receive a royalty free license to one copy of the Regulations content and shall be entitled to the use of the Regulations content solely for the Client’s and Users’ own internal purposes. The Regulations content and its compilation, all background Intellectual Property of BVCPS used in the preparation or included in Regulations, all third party references, and all third party Intellectual Property used in the preparation or included in Regulations shall remain the Intellectual Property of BVCPS or such third parties. Such Intellectual Property is protected by United States and International Copyright Laws. BVCPS has exclusive proprietary rights in the information provided therein.
d. LIMITED WARRANTY. i. BVCPS shall make all commercially reasonable efforts to reflect current information, but cannot and does not warrant complete accuracy of the Regulations content and makes no representation whatsoever, that Regulations includes all laws and regulations (national, federal, provincial, state, and local) related to any class of product, and Client and Users shall not rely upon Regulations as being all inclusive or a notification by BVCPS of all such laws and regulations, and the Client and Users accept this limitation of accuracy. ii. The Client and Users agree that BVCPS owes only the provision of Regulations to the Client and Users but does not owe any specific success resulting from the purchase and use of Regulations by the Client and Users. The Client and Users are responsible for exercising their own, independent judgment with regard to the information provided by BVCPS. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DECISIONS MADE, IN CONNECTION WITH REGULATIONS.
8. MISCELLANEOUS: a. These Terms are governed by, and will be interpreted according to, the laws of Hong Kong, without regard to conflicts of law principles. The parties irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms and Conditions or their subject matter. b. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part is deemed severable and will not affect the validity and enforceability of the remaining provisions. c. The waiver of, or failure to require strict observance or performance of, any provision of these Terms and Conditions shall not be construed to be a waiver of any other provision or of a party's right to later require strict observance and performance of each of the provisions herein. d. You shall not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of BVCPS. e. This is the entire agreement between the parties relating to use of the Site. BVCPS can revise these Terms and Conditions at any time by updating this posting.