About the TES Foundation and these Terms of Use
The TES Foundation ( the “TES Foundation”) is a Swiss foundation with its registered offices at 1 Pont de la Machine, 1204, Geneva, Switzerland. The Platforms are owned and edited by the TES Foundation.
These Terms of Use govern your use of the TES Foundation websites and mobile applications (together the “Platforms”). In these Terms of Use, we use the term the (and “we“, “us” and “our“) to refer to the head office of the TES Foundation at the registered address above and its affiliates.
Please read these Terms of Use carefully before using the Platforms. By using the Platforms, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue use of the Platforms.
Updates to these Terms of Use
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platforms. Any new version of these Terms of Use shall take effect and will govern the use of the Platforms and your relationship with us immediately upon the date of posting. By continuing to use the Platforms, you agree to be bound by the terms of these updates and amendments.
About our hosting services
Hosting Services for our website is provided by Amazon Web Service.
Mobile applications may be hosted by us or by other companies and you should refer to the relevant conditions of such other company.
Our privacy policy
Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.
Use of materials on the Platforms
The TES Foundation has created its various Platforms to provide information about itself for your personal use. You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, is protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any of the TES Foundation Material in any way for any public or commercial purposes. Furthermore, the TES Foundation Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use the TES Foundation Material will automatically terminate and any copies made of the TES Foundation Material must be immediately destroyed. Any unauthorised use of the TES Foundation Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Your submissions and unsolicited communications
This section concerns content contained in communications sent to the TES Foundation and not personal data which is governed by our Privacy Policy. Any unsolicited communication or material that you transmit to the TES Foundation via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by the TES Foundation. By sending communications to the TES Foundation, you automatically grant the TES Foundation a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by the TES Foundation and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing marketing material using such information.
Limitation of liability
The TES Foundation tries to ensure that the information provided is accurate and complete. However, the TES Foundation does not warrant or represent that the TES Foundation’s Material is accurate, error-free or reliable or that use of the TES Foundation Material will not infringe rights of third parties.
The TES Foundation does not warrant that the functional and/or technical aspects of the Platforms or the TES Foundation Material will be error free or that the Platforms, the TES Foundation Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or the TES Foundation Material results in the need for servicing or replacing property, material, equipment, data or other element, the TES Foundation is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you “as is” and “as available” and, to the fullest extent permitted by applicable law, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. The TES Foundation and its suppliers make no warranties about the material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, the TES Foundation shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if the TES Foundation has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
Trademark notice
In general, all trademarks, logos and service marks (collectively the “Trademarks“) that appear on the Platforms are registered, unregistered or otherwise protected TES Foundation trademarks or are licensed for use by the TES Foundation by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without the TES Foundation’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
Links & linking
The Platforms may contain links to other platforms operated by third parties not affiliated to the TES Foundation. The inclusion of any link to such third party sites does not imply endorsement by the TES Foundation of those sites. The TES Foundation has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. The TES Foundation does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.
Termination and suspension
You agree that the TES Foundation may terminate or suspend your access to and use of the Platforms if the TES Foundation reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of the TES Foundation, its affiliated companies or any third party, with or without notice to you. You agree that the TES Foundation may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that the TES Foundation will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of these Terms of Use.
General provisions
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting the TES Foundation. the TES Foundation makes no representation that the TES Foundation Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to the TES Foundation Material may not be legal by certain persons or in certain countries. If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platforms, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by the TES Foundation of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
Applicable law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of Switzerland are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
Contact us
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
TES Foundation, Geneva
e-mail: info@tesfoundation.org
