These general conditions regulate the use and access to the Internet service of the project UP-STAIRS, a project that has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 892037, at the following electronic address: www.upstairs-energy.com.
Use of this Web Site
The functioning of the Web Site : www.upstairs-energy.com is regulated in these General Conditions that are available to the User, the main objective of which is to inform about its services and who the consortium responsible for the project is. The use of the Web Site attributes the status of User and implies full acceptance by the User of all the Conditions of Use of the Web Site in force when they access it. Consequently, if the User does not agree with any of the conditions laid down herein, they should not use this Web Site.
In like manner, the User undertakes not to use the information published in the Web Site, for illegal purposes or effects, contrary to the contents of these General Conditions, that might injure the rights or interests of third parties, or which may in any way damage, render useless, overload, deteriorate the Web Site or information provided in it or impede the normal use or enjoyment of the Web Site by other users.
The User shall refrain from obtaining information, messages, graphics, drawings, sound and/or image files, photographs, software and, in general, any class of accessible material through the Web Site or its services, using means other than those that have been made available to it, or, in general, those that are regularly used on the Internet.
Right to modify the Web Site, right to restrict access to the Web Site and right to suspend the operability of the Web
UP-STAIRS reserves the right to modify the presentation or configuration of the Web Site at any time, without prior notice, and also the information, services, the present Conditions of Use of the Web Site, or any other applicable general or specific conditions, instructions or notices. These modifications shall be to improve the User’s services, according to market trends. In addition, UP-STAIRS reserves the right to suspend, interrupt or leave the Web Site inoperative, or to restrict its access, partly or completely, individually or collectively, temporarily or finally, at any time.
Web Surfing Cookies
The UP-STAIRS Website service provider uses cookies only to make it easier for the User to surf the Web Site. In no event will they be used to gather personal data. They are only used to improve Web Site surfing and reduce downloading time of Web elements.
Nevertheless, if the User does not want to use these cookies, they can rescind the use of system cookies from their Web browser options. These files can also be deleted without affecting the quality of the Web Site, and the only effect of this configuration is that the Web Site takes longer to download, as the files are not in the User’s cache memory.
Access and use of the Web Site is free
The Web Site service provision by the User is free and requires no prior subscription. The User’s identification is only required in the following situations: When the User asks us for more information on a matter of his interest, he sends us an email to contact use, wants to access the project rooms related to renewable- or energy efficiency project consultations provided by UP-STAIRS, or asks us to send them press releases or news sheets.
Links
The Web Site may possibly at times offer the User technical link devices (links, banners or buttons), directories and search tools allowing users to access web sites belonging to and/or managed by third parties. UP-STAIRS does not offer or market on its own or by means of third parties, the services available at the linked sites, or control, exercise supervision or approve the products, services, contents, information, data, files and any other class of material in these linked sites.
UP-STAIRS therefore declines any responsibility regarding the information that falls outside this Web Site and which is not managed directly by UP-STAIRS.
If the User wants to establish a link or make any similar action with regard to the Web Site, this should be previously authorised by UP-STAIRS. Any other use, assignment to third parties, communication, and disclosure of the full or partial, public or private Contents is forbidden. UP-STAIRS reserves the right to exercise the respective civil and criminal legal actions to demand the compliance of this clause and to claim for damages.
Intellectual and Industrial Property Rights
The User acknowledges and accepts that all Industrial and Intellectual Property rights on the Contents and/or any other elements inserted in the Web Site (including, without limitation, trademarks, logotypes, trade names, texts, images, graphics, designs, sound, databases, software, flow charts, presentation, “look-and-feel", audio and video), are the property of UP-STAIRS and/or third parties. In no event does access to the Web Site imply on the part of UP-STAIRS and/or the third parties who own the Web Site’s contents, any kind of waiver, transmission, licence or total or partial cession of such rights, unless otherwise expressly established.
Exclusion of guarantees and responsibility
Of functioning of the Web Site
The use of the Web Site attributes the status of User and implies full acceptance by the User of all the Conditions of Use of the Website in force when they access it. Consequently, if the User does not agree with any of the conditions laid down herein, they should not use this Web Site.
UP-STAIRS does not guarantee the availability and continuity of the functioning of the Web Site and shall in no event be held liable for damages or losses that might be derived from (i) lack of availability or accessibility to the Web Site or those other sites with which a Link has been established; (ii) interruption in the functioning of the Web Site or computer faults, telephone failures, disconnections, delays or blocking caused by deficiencies or overloads on the telephone lines, in the Internet system or in other electronic systems produced in the course of its functioning; (iii) lack of suitability of the Web Site for the specific needs of the Users and (iv) other damages that might be caused by third parties through unauthorised intromissions or hackers outside the control of UP-STAIRS.
UP-STAIRS does not guarantee the absence of virus or any other elements in the Web Site introduced by outside third parties that may produce changes in the Users’ physical or logic systems or in the electronic documents and files stored in their systems, and shall in no event be responsible for damages or losses that might be derived from the presence of virus, malware or other elements that could produce alterations in the physical or logic systems, electronic documents or User files.
However, UP-STAIRS adopts various protection measures to protect the Web Site and Contents against hackers. However, this does not guarantee the unauthorised use by third parties to access the type of use of the Web Site made by the User or conditions, characteristics and circumstances in which that use is made. UP-STAIRS shall consequently in no event be responsible for damages or losses derived from such unauthorised access.
For the use of the Web Site
UP-STAIRS shall in no event be responsible for the use that users and/or third parties may make of the Web Site, or for any damages arising therefrom.
For the Contents
The Contents of the Web Site are the sole property of UP-STAIRS and are made available by it in good faith and with the best professional quality standards. UP-STAIRS however excludes any kind of liability for damage of any nature that might be due to lack of truthfulness, accuracy and/or current importance of the contents of the Web Site.
Partial nullity
Should any of these general conditions be declared null, invalid or ineffective, this shall not affect the validity or effectiveness of the other clauses that shall continue to be binding between the parties. The waiver by any of the parties to demand the compliance at a given time of any of the conditions stipulated herein, shall not imply a general waiver to comply with the other condition or conditions, nor shall it create an acquired right for the other party.
Applicable law and jurisdiction
The provision of the Web Site service and present Conditions of Use of the Web Site are governed by the applicable legislation in the territorial regulations of the European Union, applicable to information society and electronic commerce services and legislation on personal data protection. For any disagreements in the UP-STAIRS interpretation, fulfilment of these Conditions, or in the relations between the User and UP-STAIRS, both parties expressly waive any other privileges that might correspond to them and agree to submit to the jurisdiction and exclusive competence of the Law Courts and Tribunals of Cork (Ireland).