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Welcome to the website for the Eco Rating initiative. These legal terms will govern your use of the ecoratingdevices.com website (“Site”). Please read these terms and conditions carefully.

Who is responsible for this Site?

This Site is operated by So Design Consultants Ltd. on behalf of the Site’s owners, which are the Consortium partners. The Consortium partners are the different companies that participate and collaborate in the Eco Rating initiative through the Consortium (“We”/ “Our”/ “the Consortium”). Currently, the Consortium is formed by the following Consortium partners:

  • Deutsche Telekom AG, a Germany registered company with company number HRB 6794 having its registered office at Friedrich-Ebert-Allee 140, 53113 Bonn, Germany.
  • Vodafone Sales & Services Limited, a UK registered company with company number 06844137 having its registered office at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN.
  • Telefónica, S.A., a Spanish registered company with company number A28015865 having its registered office at 28013 Madrid, C/ Gran Vía, 28, Spain.
  • Orange, SA a French registered company with company number 380 129 866, having its registered office at 111, quai du Président Roosevelt 92130 Issy-les-Moulineaux, France.
  • Telia Company AB, a Swedish registered company with registration number 556103-4249, having its registered office at Stjärntorget 1, 169 94 Solna, Sweden.

When do these terms apply?

Generally, these terms apply when you are on this Site. Any use by you of the Site shall be on the basis that you have read, understood, and agreed with these terms and conditions. If you do not agree to these terms, you must not use this Site. We recommend that you print a copy of these terms for future reference.

You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of this Site:

  • Our Privacy and Cookie Policy which you can access here.

  Some portions of the Site may have other terms, which we will make available when they apply.

Certain links on this Site lead to sites maintained by third parties over which the Consortium has no control. The Consortium makes no representations as to the accuracy, completeness, truthfulness or any other aspect of the information contained on such sites or sites linked to such sites. Any links to such sites are provided for convenience only and are to be availed of at your own risk. The use of such sites is subject to separate terms and conditions and policies.

Updating these terms

We may vary or change these terms and conditions for any valid technical, operational or commercial reasons. An updated version of the terms and conditions is available on this Site and it is your responsibility to review this periodically. Your continued access to the Site after any such changes have been made shall constitute your consent to such changes.

We may make changes to this Site

We may update and change this Site from time to time to reflect changes to the Eco Rating initiative or methodology, changes of participating operators or mobile suppliers, changes in our users’ needs, or for other reasons.

We may suspend or withdraw this Site

This Site is made available free of charge.

We do not guarantee that this Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of this Site for any reason. We will try to give you reasonable notice of any suspension or withdrawal.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. Such transfer will be announced on this Site and we will ensure that the transfer will not affect your rights under the contract.

How you may use the material on this Site

We are the owner or the licensee of all intellectual property rights in this Site, and in the material published on it. Those works are protected internationally by various copyright laws and treaties. All such rights are reserved. Any use of the material on this Site is subject to the section on Intellectual Property Rights in these terms.

You may print off, and may download extracts of, any page(s) from our Site for your personal use only and you may draw the attention of others within your organisation to content posted on this Site.

You are not allowed to modify the paper or digital copies of any materials you have printed off or downloaded in any way, nor to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on this Site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on this Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

User obligations

You agree not to use or cause or permit any content we make available here to be used:

  • in ways that might violate our intellectual property rights;
  • for any improper, indecent, unlawful, threatening, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, or interfere with their enjoyment and use of the Site;
  • so as to jeopardise or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network;
  • to send junk e-mail, spam, duplicative or unsolicited messages for the purposes of direct marketing or advertising or promotional materials to third parties without their prior consent;
  • to harvest or otherwise collect information about others, including e-mail addresses, without their prior consent.

You also agree:

  • to comply with all reasonable instructions or requests of the Consortium or an authorised authority in relation to the Site or the investigation of any offences and to abide by all applicable laws and regulations (including copyright and intellectual property laws), licences, codes of practices and usage policies of connected networks;
  • not to resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially any material or information accessed via the Site;
  • not to distribute, download, upload, publish or transmit any data, material, information or software in a manner which may infringe the rights of third parties or render the Consortium liable to the payment of damages to any third party;
  • not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;
  • not attempt to gain unauthorised access to or interfere with this Site, the server on which this Site is stored or any server, computer or database connected to this Site;
  • not to disguise the origin of any transmitted communication or impersonate any other person or entity;
  • not to attack this Site via a denial-of-service attack or a distributed denial-of service attack; 
  • to dutifully reproduce any copyright symbol and clause in whole as may appear on screen or printer at the head of the relevant data base or the head or foot of any information being processed;
  • to notify the Consortium immediately of any unauthorised use of the Site or any other breach of security or any claim or legal proceedings against you relating to your use of the Site;
  • not to use the server capacity or any software made available to you in any way which is or is likely to be detrimental to the operation or provision of the Site or any third party’s rights;
  • not to conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to this Site;
  • to comply with the terms and conditions of any internet service provider whose services you may use.

Use of the Site

You expressly understand and agree that your use of the Site is at your own risk.

In particular, you assume all responsibility for:

  • installing and executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage any information or system;

The Site is provided “as-is” and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. In particular, the Consortium makes no warranties or representations:

  • as to the suitability, reliability, availability, timeliness, correctness, accuracy or completeness of the Site (or linked sites) or any information, material or communications transmitted, obtained or accessed via the Site (or linked sites);
  • that the Site will meet your requirements or that the operation of the Site will be uninterrupted, timely, secure or error-free or that any defect can or will be remedied;
  • to the extent that the operation of the Site is dependent on third party service or content providers;
  • that information or materials obtained or accessed by you via the Site will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.

Limitation of liability

Unless otherwise stated, neither the Consortium nor any third parties involved in the provision of the Site shall be liable for any losses or damage (other than death or personal injury caused by negligence), costs or expenses (including but not limited to: loss of use, data, profits, sales, business, revenue or anticipated savings, business interruption, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage) arising out of or in any way connected with:

  • the use of the Site (or linked sites) by you or other persons;
  • the provision of or failure to provide the Site;
  • your dealing with any third parties, including but not limited to advertisers, promoters, vendors or service providers;
  • any errors, defects, interruptions, malfunctions or delays in the provision of the Site;
  • reliance placed on any information (including without limitation, information concerning companies, share prices, investments or securities), material, data, communication or messages obtained, accessed or transmitted through the Site;
  • the loss, corruption or overwriting of any information, material, data, communication or messages;
  • any unauthorised access to or alteration of your computer system, software, messages, information or data otherwise arising out of the use of the Site;
  • the suspension or termination of the Site (or any part thereof);
  • the acts or omissions of other providers of telecommunications or information services or for faults or failures of their equipment or systems;

whether based in contract, tort (including negligence), breach of statutory duty, or otherwise, even if the Consortium or any of its suppliers has been advised of the possibility of such losses, damage, costs or expenses.

Indemnity

You agree to indemnify and hold the Consortium, its servants and agents harmless against any liability, loss, damage (including legal costs and fees), claims or proceedings (whether actual or threatened) sustained pursuant to the use of the Site by you, your agents or any third party via your breach of these terms and conditions (including without limitation any failure by you to obtain the consent of third parties to whom you send unsolicited messages for direct marketing purposes).

Force Majeure

If we are unable to perform any obligation under these terms because of a matter beyond our reasonable control such as (but not limited to) lightning, flood, exceptionally severe weather, pandemic, fire, explosion, war, civil disorder, industrial disputes (whether or not involving our employees) or acts of local or central government or other competent regulatory authorities or events beyond the reasonable control of our suppliers, we will have no liability to you for that failure to perform.

Do not rely only on information on this Site

The content on this Site is provided for general information only. It is not intended to amount to full advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Site.

Although we make reasonable efforts to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for third party websites we link to

Where this Site contains links to other sites and resources provided by third parties, any links to such sites are provided for convenience only and are to be availed of at your own risk. We make no representations as to the accuracy, completeness, truthfulness or any other aspect of the information contained on such sites or sites linked to such sites. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

How we may use your personal data

We will only use your personal data as set out in our Privacy and Cookie Policy which you can access here.

Rules about linking to this Site

You may link to this Site and/or its pages, provided you do so in a way that is fair and legal and does not damage or take unfair advantage of our reputation or the reputation of any Consortium partner.

You must not establish a link to this Site and/or its pages in any way which would violate these terms, or which would otherwise be incompatible with the Consortium’s general values and purpose, including (but not limited to) in any adult, violent or illegal content or on any sites containing adult, violent or illegal content.   

You must not establish a link to this Site and/or its pages in such a way as to suggest any form of association, approval or endorsement where none exists.

You must not establish a link to this Site and/or its pages in any website that is not owned by you.

This Site and/or its pages must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including English law, affects your rights as a consumer to rely on such mandatory provisions of local law.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Intellectual Property Rights

All intellectual property rights in or relating to the Eco Rating brand (including but not limited to the Eco Rating logo) and the database consisting of the results of the assessments of devices carried out by or on behalf of the Consortium (“Scores Database”) are owned by the Consortium.

The access to and use of this Site permitted by these terms and conditions grants no licence to use the Eco Rating brand or Scores Database. You are not permitted to use the Eco Rating brand or Scores Database without our prior written approval.

You may refer to the Eco Rating initiative (in plain text) using your own words.

This Site includes various registered and unregistered trade marks and other intellectual property rights owned by or licensed to the Consortium. You are not permitted to use any of these trade marks or intellectual property rights without our prior written approval.