Glass Buildings

Terms of Use

GENERAL

These Terms of Use apply to the website(s) of MW Enterprises (“MWE”) and any other website related with it or accessible via www.mwenterprises.ch or www.martinawillis.com or www.martinawillis.net (collectively, the “Website”, “Websites” or “MWE-Websites”).

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE MWE-WEBSITES, as THESE TERMS contain important information regarding your legal rights, remedies and obligations with respect to your use of the Websites, including but not limited to various limitations, exclusions, and indemnities.  

You acknowledge that we may use your personal information and data according to our Privacy Statement (incl. Cookie Notice), which are incorporated herein by this reference. You hereby agree to the terms of our Privacy Statement and Cookie Notice, including any obligations imposed on you therein.

Your access to, and browsing, review and use of our Websites is subject to these Terms of Use and all applicable laws. By accessing and using our Websites and the content and products/services available on/via the Websites, you accept these Terms of Use, without limitation or qualification. If you do not agree to the Terms, do not use the MWE-Websites. If, at any time, any part of the Terms of Use is no longer acceptable to you, or if any representation made herein by you is not true, you must terminate your use of our Websites immediately.

 

If any part of these Terms of Use is invalid or unenforceable in any jurisdiction, then in such jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect. In all other jurisdictions, all of these Terms of Use shall remain in full force and effect.

We may revise and change these Terms of Use at any time in our sole discretion. Such revisions shall be effective immediately, unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking this webpage. Your continued use of this Website following changes to these Terms of Use constitutes your agreement to the revised Terms of Use. 

Some Websites and certain content may be subject to different or additional terms. By accessing any other websites or content, you agree to be bound by any additional terms that govern use of each such website or content. 

ACCESS AND CHANGES TO THE WEBSITE

The MWE-Websites are made available on an “as is” basis with no representation or warranty with respect to their functionality or availability and with no guarantee that they are complete, accurate, or timely; nor any guarantee regarding any results you or others may obtain from their use.

MWE may assign a password and account ID to you, so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and MWE shall have no obligation to investigate the authorization or source of any such access or use. You acknowledge and agree that you will be solely responsible for all access to and use of the website by anyone using the password and ID assigned to you, whether or not such access to and use of the Website is actually authorized by you, including all communication and transmissions and all obligations (including financial obligations for purchases through the Website) that may result from such access or use.

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify MWE of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

The use of certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). MWE may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to MWE.

MWE may change, suspend or discontinue all or any aspect of the MWE-Websites at any time, including the availability of any Site feature, database, or content, without prior notice or liability.

The MWE-Websites may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, which may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from our Websites does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.

MWE reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Websites (including your Account, if you are a Registered User) at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.

We will have no responsibility to notify any third party of any suspension, restriction or termination of your access to the Websites.

 

THIRD PARTY WEBSITES

We may provide links to third-party websites, and some of the content, products and services appearing to be on the MWE-Websites is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Third-party content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the MWE-Websites or these Terms of Use grants you any right, title or interest in or to any third-party content. MWE has no responsibility for these third-party websites, nor for their availability or the content and software applications located on any third-party website. Your use of such third-party websites and their content, products and services is at your own risk and is governed by the terms of use and privacy policies of the respective third-party content providers.

 

INTELLECTUAL PROPERTY RIGHTS

All content and functionality on our Websites, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, source codes, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof is the exclusive property of MWE or its licensors and suppliers and, to the extent applicable, is protected by local and international copyright laws, trademarks, patents, or other proprietary rights and laws. Neither the content nor the functionality of the MWE-Websites, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specifically allowed herein. All rights not expressly granted are reserved.

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the MWE-Websites are the registered and unregistered Trademarks of MWE and our licensors. You agree that, except as expressly permitted by us or by our licensors, where applicable, you will not refer to or attribute any information to MWE or our licensors in any public medium for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, MWE or our licensors.

You agree that access and use of the content on the MWE-Websites is subject to these Terms of Use, including the disclaimers and limitations of liability herein.

Nothing on the MWE-Websites should be construed as granting directly or indirectly, or by implication any license or right to use any MWE or third-party’s intellectual property other than as expressly set forth herein.

References to other parties’ trademarks on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.

The MWE-Websites may include open source components, which are licensed for use and distribution by us under applicable open source licenses.  Use of these open source components is governed by and subject to the Terms and conditions of the applicable open source license.

USER SUBMISSIONS

The MWE-Websites may contain functionality that permits you to comment on articles; share materials; provide ideas, proposals, suggestions (“Feedback”); or otherwise make available certain materials through or in connection with your use of the Websites (collectively, “Submissions”). 

If you choose to make publicly available any of your personally identifiable or other information through the MWE-Websites (for example through posting a comment or other form of Submission), you do so at your own risk. You will also comply with all relevant requirements set out in these Terms of Use when making a submission.

You acknowledge and agree that your Submissions are not confidential; that your provision of Submissions is gratuitous, unsolicited and without restriction; and that the provision of any Submission does not place MWE under any fiduciary or other obligation.

You represent and warrant that your Submissions are complete and accurate and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party.

You acknowledge and agree that MWE shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on our websites in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against MWE for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with MWE’s use and publication of such submissions.

You furthermore confirm, represent and warrant to us that you have all rights, titles and interests, as   well as the power and authority necessary, to grant the license to your Submissions as set out above.

MWE does not represent or endorse the accuracy or reliability of any users' submissions displayed, uploaded, posted on any message board, or otherwise distributed through the MWE-Websites by any subscriber, information provider or any other third party. MWE expressly disclaims any liability related to users' submissions and you acknowledge that any reliance upon such content and submissions shall be at your sole risk.

MWE does not and cannot review generally the content posted by users of MWE-Websites and is not responsible for such submissions. However, MWE reserves the right to cancel your access to these areas and/or delete, move, or edit any Submissions (including messages posted in any forum) for any reason. You shall remain solely responsible for all content posted by you or by any other person using your account. MWE shall have the right, but not the obligation, to correct any errors or omissions in any Submissions, as we may determine in our sole discretion.

Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

USE OF CONTENT

Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are authorised to view, copy, print, and distribute (but not modify) the content on this Website; provided that such use is for informational, non-commercial purposes only, and any copy of the content that you make must include the copyright, trademark and any other intellectual property notices or other attributions associated with the content.

Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any MWE intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

You are not authorised to copy or use any software, proprietary processes, or technology embodied or described in this Website. You will comply with all applicable laws in accessing and using the MWE-Websites.

 

PROHIBITED CONDUCT

By using our Websites you agree not to:

copy, reproduce, modify, reverse engineer, deep link, rent, lease, loan, sell, assign, sublicense, transmit, distribute, post, disclose, grant a security interest in or otherwise transfer any right or interest in Our Content;

remove any proprietary notices or labels on or in Our Content; or allow any other person or entity to engage in any of the foregoing.

You may use the MWE-Websites for lawful purposes only. You may not upload to, or distribute or otherwise publish through these Websites, any content that is any of the following:

  • is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to MWE in the Company's sole discretion; 

  • contains computer viruses, worms, moles or other contaminating or destructive elements; 

  • violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or any other intellectual property rights

  • contains any false or misleading statement; 

  • contains advertising; or 

  • otherwise violates any applicable criminal or civil law. You may not use our Websites for any commercial purpose and may not distribute over these Websites any solicitation of funds, goods and services. In addition, you may not use these Websites to solicit subscribers to join other online information services that are competitive with the MWE-Websites.

 

If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Websites or take any other steps we consider appropriate.

No implied waiver: If you do not comply with these Terms, and we do not take action immediately, this does not mean we or any of the MWE related parties are giving up any rights that we/they may have (such as taking action in the future). 

 

DISCLAIMER

THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE, RENDERING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT MIGHT AFFECT YOUR FINANCES, BUSINESS, YOUR PRIVATE LIVE OR YOUR HEALTH YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL ADVISOR.

THIS WEBSITE IS PROVIDED AS IS, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.

YOUR USE OF THIS WEBSITE AND OF THE PRODUCTS AND SERVICES OBTAINED THROUGH IT IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES WITHIN THE MWE NETWORK OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS and EACH OTHER ENTITY WITHIN THE MWE NETWORK AND TO OUR AND THEIR RESPECTIVE PRESENT AND PAST OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES;  

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

 

INDEMNIFICATION

You hereby agree to indemnify, defend and hold MWE and all of its affiliates, third-party content providers and each other entity within the MWE network as well as their present or past officers, directors, shareholders, investors, employees, agents, information providers and representatives harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by MWE or any of the above related entities or persons in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. MWE reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with MWE's defence of such claim.

GOVERNING LAW

These Terms of Use shall be governed, construed and interpreted in accordance with Swiss law. The courts of Switzerland have exclusive jurisdiction. 

 

LATEST UPDATE

These Terms of Use were last updated in April 2020.