RAMBOLL GREENSCENARIO WEBSITE DISCLAIMERS, TERMS OF USE AND PRIVACY LANDING PAGE
Date Last Updated: 15 October, 2020
IF YOU NEED OR WANT TO RECEIVE A REPRODUCTION OF THE BELOW IN AN ALTERNATE FORMAT, PLEASE CONTACT JEREMY ANTEROLA.
Subject to (a) the below definitions, (b) the remaining terms of this Platform-Terms Landing Page, (c) the Terms of Use and (d) the Additional Privacy Terms, Ramboll grants to you a limited and restricted license to access certain parts of the Platform and to access and use certain of the Platform Functionality/Services. You may not access or use any part of the Platform or any of the Platform Functionality/Services unless and until you have read and agree to be bound by the terms of this Platform-Terms Landing Page and the Terms of Use, and unless and until you have read and acknowledge the Additional Privacy Terms.
For purposes hereof and of the below-incorporated Terms of Use, the below defined terms shall have the meanings set forth below. Additional defined terms and their respective definitions for purposes hereof and of the below-incorporated Terms of Use may be set forth elsewhere herein and/or in the Terms of Use.
1.“Additional Privacy Terms” means the privacy disclosures and notices incorporated herein by reference in section 5 (Privacy Disclosures and Notices) below.
2.“Affiliate” means a direct or indirect parent company of Ramboll or a direct or indirect wholly or partially owned subsidiary of any such parent company.
3.“Dispute Resolution Forum/Rules” means arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
4.“Dispute Resolution Jurisdiction” means the Federal Republic of Germany.
5.“Platform” means the Ramboll GreenScenario Website, together with any and all other applications, websites or similar platforms that are linked to the Ramboll GreenScenario Website or to this Platform-Terms Landing Page, or that incorporate either by reference.
6.“Platform Functionality/Services” means the Platform’s functionality and the content, data, information, products and/or services available through, or otherwise related to, the Platform.
7.“Platform-Terms Landing Page” means this Ramboll GreenScenario Website Disclaimers, Terms of Use and Privacy Landing Page.
8.“Ramboll” means Ramboll Deutschland GmbH, a company with limited liability organized and existing under the laws of the Federal Republic of Germany (Registration No. HRB 126430 München).
9.“Terms of Use” means the terms of use located at https://ramboll.com/legal-information/standard-online-no-fee-platform-terms, as modified by this Platform Landing Page.
Any and all access to/use of the Platform and/or any Platform Functionality/Services by you or any other person or entity (other than Ramboll) is for informational purposes only. Except as and to the extent expressly and unequivocally assumed in this Platform-Terms Landing Page, the Terms of Use or the Additional Privacy Terms by Ramboll and/or a Ramboll Affiliate, respectively, neither Ramboll, nor any of its Affiliates, assumes any duty whatsoever to you or to any other person or entity arising from or related to your or any other person’s or entity’s access to or use of, or otherwise related to, the Platform or Platform Functionality/Services. Ramboll and its Affiliates expressly disclaim any and all duties beyond those, if any, expressly and unequivocally assumed by them, respectively, in this Platform-Terms Landing Page, the Terms of Use or the Additional Privacy Terms. Without limiting the foregoing, the Platform and Platform Functionality/Services merely provide an alternate method for delivery of certain Ramboll-generated work product (e.g., reports, etc.) that also have been and/or will be delivered more formally to the intended recipient(s) via hardcopy or other format, and, in the event of a conflict or discrepancy between the former and the latter, or any ambiguity in the former, the latter shall govern – as the Platform and Platform Functionality/Services are provided only as a courtesy for informational purposes and reliance thereon being at the sole risk of the relying party(ies). In addition to the foregoing disclaimers, any and all access to/use of the Platform and/or any Platform Functionality/Services by you or any other person or entity (other than Ramboll) also is subject to any and all disclaimers set forth elsewhere herein or in the Terms of Use or Additional Privacy Terms.
By accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you affirm that you are over eighteen (18) years old, and you acknowledge and agree that, by accessing and/or using any of the foregoing, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, are entering into a legally binding agreement/contract with Ramboll consisting of all terms and conditions set forth in this Platform-Terms Landing Page and the Terms of Use, and that you and any such other persons or entities understand and agree to comply with and be legally bound by those terms and conditions. The Platform and the Platform Functionality/Services are not intended for, and may not be used by, individual consumers.
For purposes of the Platform and Platform Functionality/Services, the referenced Terms of Use are modified as follows:
- The text of paragraph 9 following the heading “Limitation of Liability” is stricken and replaced with the following: To the extent such liability otherwise may exist under applicable law, the respective liability of Ramboll and any of its Affiliates for damage/loss to you or any third party resulting directly or indirectly, or otherwise related to, the Platform or Platform Functionality/Services (including, without limitation, your access or use thereof or inability to access or use same, or the performance or non-performance thereof), including, for example, but without limiting the foregoing, any special, indirect, incidental, consequential, punitive or exemplary damages, regardless of the legal basis upon which such liability is claimed, is limited and shall extend only to the extent that such damage/loss is caused by the deliberate acts or gross negligence of the entity against which liability is asserted or a negligent breach by the entity against which liability is asserted of such obligations that are essential for the due and proper execution of an obligation hereunder and where the claimant accordingly relies and may rely on its fulfilment (so-called essential contractual obligations, “wesentliche Vertragspflichten”). The liability of Ramboll and any of its Affiliates for slightly negligent breaches of non-essential contract duties is wholly excluded. In the case of a negligent breach of contractual obligations, the liability of Ramboll and any of its Affiliates, as may be applicable, shall be restricted to typical and foreseeable damages, which, as a maximum, may amount to EUR 1.000.000. The foregoing limitations and exclusions of liability also apply to any and all claims for personal liability that you may assert against any of Ramboll’s or any of its Affiliates’ employees, legal representatives and vicarious agents (Erfüllungsgehilfen). In addition, you shall hold Ramboll and its Affiliates harmless against liability to any third party for any of the foregoing. If you object to and provision of these Terms of Use or any subsequent modifications hereto, or you become dissatisfied with the Platform or Platform Functionality/Services in any way, your only recourse is to discontinue access to/use of the Platform and Platform Functionality/Services.
- The text of subparagraph 16.a. following the heading “Right to Modify and Terminate” is stricken and replaced with the following: Ramboll reserves the right to, at any time, (i) modify these Terms of Use (including, without limitation, the Platform-Terms Landing Page from which you accessed these Terms of Use), (ii) discontinue or otherwise modify any part of the Platform or the Platform Functionality/Services, including your access thereto/use thereof and/or (iii) terminate these Terms of Use and your access to and use of the Platform or the Platform Functionality/Services with or without cause. Ramboll will provide you with notice of any such modification, discontinuance and/or termination sent to the email address associated with your use of the Platform and Platform Functionality/Services.
- The text of subparagraph 16.b. following the heading “Effect of Modification” is stricken and replaced with the following: Modification of these Terms of Use (again, including, without limitation, the Platform-Terms Landing Page from which you accessed these Terms of Use) by Ramboll will be effectuated by updating them and providing you with notice thereof sent to the email address associated with your use of the Platform and Platform Functionality/Services. Such modification will be effective immediately upon Ramboll sending such notice, and your continued use of any part of the Platform or Platform Functionality/Services thereafter shall constitute your acceptance of those modifications.
IN ADDITION, by accessing and/or using any part of the Platform or Platform Functionality/Services, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, acknowledge that you have read and understand the privacy disclosures and notices set forth hereinbelow and the following Additional Privacy Terms: (1) the privacy disclosures and notices located at https://ramboll.com/legal-information, which provide general privacy disclosures and notices for Ramboll Group A/S and its affiliates, which include Ramboll and Ramboll’s Affiliates, and for the ramboll.com website generally (please note, however, that, where information at https://ramboll.com/legal-information conflicts with information provided elsewhere specific to the Platform or the Platform Functionality/Services, such as, for example, in this Platform-Terms Landing Page and any further Additional Privacy Terms, the latter shall control).
Ramboll hereby provides general disclosures and notice that it and/or others access and/or collect certain information through the Platform and/or Platform Functionality/Services. Please note that the information contained in this disclosure/notice and other privacy-related information accessed via the Platform and/or Platform Functionality/Services may not apply to other websites/applications of Ramboll and its Affiliates. Also, to the extent the Platform/Platform Functionality/Services link to third-party websites/applications, please be aware that Ramboll and its Affiliates are not responsible for the content or privacy practices of such websites/applications. Ramboll encourages users to be aware when they leave the Platform/Platform Functionality/Services and to read the privacy statements of any other website/application that collects information.
Via the Platform and/or Platform Functionality/Services, Ramboll and/or a Ramboll Affiliate collect certain information about your access to and usage of the Platform and Platform Functionality/Services, which may include personal data/information about you. That is done through the use of cookies and user active submission.
A cookie is a small text file that is saved to your device (through your internet browser) when you access an application/website, and that, among other things, can be used to improve one’s application/website experience by remembering user preferences and other information, like, for example, the user’s internet protocol (or “IP”) address, internet service provider, internet browser type and language, screen resolution, the application/website (sub)pages visited, words searched for using the application/website search engine, and whether the user previously accessed the application/website. More information regarding the use of cookies by Ramboll and/or its Affiliates in connection with the Platform and Platform Functionality/Services was made available to you when you first accessed the Platform and/or Platform Functionality/Services via a pop-up screen/window.
You also may access the referenced pop-up screen/window by clicking on the “COOKIE SETTINGS” tab located on the lower left-hand corner of your browser when accessing the Platform.
If you wish to restrict or block the use of cookies, you can do so through the Platform and your browser settings. The “Help” function within your browser should tell you how to do so via your browser settings. Alternatively, you may visit http://www.aboutcookies.org, which may contain information on how to restrict or block cookies from your computer as well as more general information about cookies. For information on how to do this on the browser of your mobile device, refer to your mobile device manual. Please be aware that restricting cookies may impact the functionality of the Platform/Platform Functionality/Services.
User active submission is when a user actively submits information through the Platform and/or Platform Functionality/Services or through a link within the Platform and/or Platform Functionality/Services.
Using cookies and/or user active submission, via the Platform and/or Platform Functionality/Services, Ramboll and/or a Ramboll Affiliate collect, among other (not personally identifiable) information, the following information (that may be personally identifiable):
1. the information identified/referenced within the above-referenced pop-up screen’s/window’s “COOKIE SETTINGS”; and
2. the information that the user/visitor actively submits when signing up to access/use the Platform and/or Platform Functionality/Services and, thereafter, when logging in.
The information collected via the Platform and/or Platform Functionality/Services may be shared internally within/among Ramboll and within/among Ramboll and its Affiliates, service providers and other vendors, and may be used to provide your access to/use of the Platform and/or Platform Functionality/Services and/or to improve and/or market Ramboll’s and its Affiliate’s services (including, without limitation, sending marketing materials to the user) and for internal reporting within/among Ramboll and its Affiliates, service providers and other vendors. For more information about the Affiliates, service providers and other vendors with whom/which Ramboll may share such information, you may contact Jeremy Anterola.
CONTACT
Mariusz Hermansdorfer
Head of Computational Design
+45 31 14 60 57