Schindler Plan & Design Terms and Conditions
Thank you for visiting (one of) Schindler Group’s websites (“Sites”) and for registering with Schindler Plan & Design (as defined in section 4 of these Schindler Plan & Design Terms and Conditions) of Jardine Schindler Elevator Corporation (“Schindler”).
Access to and any use of this website of Schindler and of Schindler Plan & Design (together: “Site”) is subject to these terms and conditions (“Schindler Plan & Design Terms and Conditions”), the Schindler Online Terms and Conditions, the Schindler Online Privacy Policy, the Schindler Cookie Policy (as defined in sections 13, 14 and 15 of these Schindler Plan & Design Terms and Conditions) and all applicable laws.
You may access the main functionalities (i.e. saving projects, sharing data with Schindler, requesting quotes) of the Site only if you are registered and logged in. All data you use for the registration must be true and correct. Registration is permitted only for yourself or for an entity you are entitled to represent. Keep your password strictly confidential. Schindler will consider any person accessing the Site with your email address and password as being you and will hold you accountable for any actions by such person.
By registering with Schindler Plan & Design, you agree to and accept these Schindler Plan & Design Terms and Conditions without limitation or qualification as you do with respect to the Schindler – Online Terms and Conditions. You may only use this Site and its services if you abide by all applicable laws and to these Schindler Plan & Design Terms and Conditions. If you do not agree to these Schindler Plan & Design Terms and Conditions, do not proceed on this Site. By accessing the Site, you are confirming that you are fulfilling the registration requirements.
Schindler does not guarantee that any of the Sites, including this Site, or any content on it, will always be available or be uninterrupted. Access to any of our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We exclude any liability, if for any reason, our Sites, including this Site, or any content on it, are unavailable at any time or for any period. We cannot take responsibility for information on this Site, saved or transmitted via the Sites or this Site and we cannot guarantee that any electronic commerce or communication is totally secure.
Schindler may cede offering Schindler Plan & Design anytime. In case Schindler ceases the access to Schindler Plan & Design, your account will be blocked and your data deleted in accordance with section 8 of these Schindler Plan & Design Terms and Conditions.
Schindler Plan & Design is designed as a customer focused web platform and is structured to host different functional modules. The modules are addressing customer needs during elevator/escalator planning and design processes and are built around a shared platform basis which enables user account management, storing projects and sharing data with Schindler.
The “Plan” and “Fast Track” modules (as indicated on the Site) enable you to find the planning data, layout drawings and specifications for an elevator/escalator project within country specific requirements. Those modules support country specific legal compliances (i.e. firefighter elevator, access for handicapped people) and comparison with useful ISO norms.
The “Design” module allows for elevator car interior configuration and high-quality rendering visualizations.
The “Project Cloud” allows you to store, share with other users, share with Schindler and/or request consulting and/or quotes from Schindler for any projects and documents created in Schindler Plan & Design.
The overall web platform and its modules “Plan”, “Fast Track”, “Design” and “Project Cloud” together are referred to in the following as the “Schindler Plan & Design”.
The content and information posted on the Site are provided as information to interested persons and may be used for informational purposes only. Any drawing documents and technical specifications downloaded from the Site shall not be used for final construction but solely for primary planning and design purposes.
Information on products and services may pertain to limited geographic areas and markets. A reference to a product or service on the Sites does not imply that such product or service is, remains or will be available in your location.
You may use the Site and the Schindler Plan & Design only for lawful purposes. You may not use this Site or Schindler Plan & Design in any way that breaches any applicable law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Schindler Plan & Design Terms and Conditions; to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, spyware, adware or any other harmful programs or similar computer code designed to adversely affect or otherwise jeopardize the operation of any computer software or hardware or the Site. Schindler reserves the right but has no obligation to assess what data you have uploaded on the Site. Whatever data you will be uploading, will be marked with a Schindler time and origin stamp, indicating when you have uploaded the data – your registration details (name, address, email address, date of upload).
You may only upload data for the upload and use of which you are entitled to. Furthermore, you may only upload data in relation to which you may authorize Schindler’s use in accordance with these Schindler Plan & Design Terms and Conditions.
You must not attempt to gain unauthorized access to the Site, the server(s) on which our Site is stored, or any server(s), computer(s) or database(s) connected to the Site.
You also agree not to reproduce, duplicate, copy or re-sell any part of the Schindler Plan & Design or our Sites; not to access without authority, interfere with, damage or disrupt any part of our Sites, any equipment or network on which our Sites are stored, any software used in the provision of our Sites or any equipment or network or software owned or used by any third party.
By using the Site and Schindler Plan & Design you confirm that you are entitled to upload the data you are uploading, that you are entitled to use these data and to authorize Schindler’s use of all uploaded data in accordance with these Schindler Plan & Design Terms and Conditions. Schindler reserves the right but has no obligation to assess whether you have these rights.
You acknowledge that Schindler gets aware and has full access to all data you are uploading, and you acknowledge and agree to Schindler accessing the data you have uploaded. Schindler’s Online Privacy Policy will apply.
In the context of Schindler Plan & Design, Schindler may safe, copy, transform, modify or otherwise use and access the data you upload on the Site. To provide the Schindler Plan & Design and to fulfil any requests you placed in Schindler Plan & Design (e.g. request consulting, request quote, general contact request), you are granting Schindler the right to use and transfer your data as required.
As per your request on the Site, Schindler may issue an offer for the sale and installation of Schindler products for signature by you. For this purpose, an employee of Schindler will contact you. Note that such offer will be subject to separate term and conditions that prevail over these Schindler Plan & Design Terms and Conditions.
Schindler will not accept any acceptance of an offer by email or uploaded on the Site and Schindler will not countersign any such documents to contract with you. If Schindler does not reply to or does not reject an acceptance you have uploaded on the Site or sent to Schindler by email, but instead remains silent, such behavior cannot be considered an acceptance of your offer by Schindler. Schindler expressly reserves the right to decline any request made based on the content of the Site.
Subject to prevailing section 17 of these Schindler Plan & Design Terms and Conditions, Schindler withholds the right to delete any of your data 30 days after having informed you about the intended deletion of your data per email to the email address you have used for the registration with this Site.
Schindler will delete all data from the Site you uploaded on it, if you have not logged-in for a period of 1 year. Schindler will inform you about the coming deletion of your account and data 30 days prior to the expiry of this period by email to the email address you have used for your registration.
Please note that Schindler does not make any backup of your data.
Any liability of Schindler (including Schindler’s auxiliary persons) for damages due to or in connection with accessing and/or making use of the Site or Schindler Plan & Design is excluded to the broadest extent permitted by law. This includes any loss or corruption of data you may have uploaded on the Site.
Under no circumstances shall Schindler have any liability for any incidental, indirect or consequential damage, loss of profit, anticipated savings, loss of data, business interruption, loss of goodwill, claims of third parties, delay damage or punitive damages.
In particular, Schindler shall have no liability or any responsibility whatsoever for any loss suffered or caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from the Sites. If you choose to download material from the Sites, you do so at your own risk.
While Schindler uses reasonable efforts to ensure that the content and information on this Site is accurate and up to date, it may contain inaccuracies or typographical errors. The content and information posted on the Sites is provided to you “as is” and “as available” without warranties or representations of any kind. Schindler disclaims and excludes any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Sites to the broadest extent permitted by law.
In particular, Schindler makes no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Sites.
In particular, Schindler makes no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Sites.
In particular, Schindler makes no warranties or representations that your use of content and information posted on the Sites will not infringe rights of third parties.
The Sites, the Site, Schindler Plan & Design web platform and their content, the software, logos, service marks and business names etc. displayed on the Sites are protected by copyright, trademarks and other intellectual property rights. All these intellectual property rights, including but not limited to the software, are and shall remain the property of Schindler or any other Schindler company or licensor. You agree to always respect these intellectual property rights and to use them only in connection with the use of the Sites and the Schindler Plan & Design web platform according to this Schindler Plan & Design Terms and Conditions on a non-exclusive, restricted basis. Any other use is not allowed.
In particular, you are not allowed to use any intellectual property rights protecting the Sites, the Schindler Plan & Design web platform and any content to the disadvantage of the Schindler Group. It is expressly prohibited to copy and to reverse engineer any Sites or software.
Any unauthorized use of content, works or information posted on the Sites and any unauthorized reproduction, retransmission or other use of any part of the Sites may infringe Schindler's intellectual property rights or third parties’ copyrights, trademarks, privacy, publicity or other rights and is not permitted.
You must not use any part of the content on our Sites for commercial purposes others then as set forth in these terms and conditions.
You agree that Schindler shall have ownership on any data (other than personal data) that is stored on the Sites. Schindler may generate, collect, store, use, make available, transmit, or process in any other way such data and any data derived therefrom.
Schindler recognizes the importance of maintaining the privacy, confidentiality, and security of the information that is entrusted to us by using Schindler Plan & Design.
The use of Schindler Plan & Design and its content is governed by these Schindler Plan & Design Terms and Conditions, the Schindler Online Privacy Policy and Cookie Policy and by the Schindler Plan & Design Privacy Statement (Appendix A).
All Schindler Plan & Design users must understand and agree to these Schindler Plan & Design Terms before logging into Schindler Plan & Design Site. The Schindler Plan & Design Terms and Conditions, the Schindler Online Terms and Conditions as well as the Schindler Online Privacy Policy and the Schindler Cookie Policy are available from the main user registration page and in the footer section once logged in.
In addition to these Schindler Plan & Design Terms and Conditions, the Schindler Online Terms and Conditions apply. In case of a conflict, specific terms of use in these Schindler Plan & Design Terms and Conditions shall take precedence over the Schindler Online Terms and Conditions.
The Internet is generally not a secure environment. You acknowledge that the Internet is an open network and can be accessed by anybody. Schindler treats personal data in accordance with applicable data protection laws. For further details please refer to our Schindler Online Privacy Policy and Schindler Plan & Design Privacy Statement (Appendix A).
We collect information about your usage of the Sites by using cookies. For further information about cookies and details about your choice to consent to their use or disable them, please refer to the Schindler Cookie Policy.
Schindler may, from time to time, adapt these Schindler Plan & Design Terms and Conditions, to reflect changes in law, adapt to regulatory requirements or otherwise uphold, improve or expand our services.
The Updated Schindler Plan & Design Terms and Conditions will be effective immediately from the time you are asked to accept them during the login process. Please delete your Schindler Plan & Design account, if you do not agree to the revised Schindler Plan & Design Terms and Conditions. As part of the account deletion process, you will be able to download all saved projects and documents to avoid data loss.
If we become aware that you have violated these Schindler Plan & Design Terms and Conditions, we may immediately take corrective action, including preventing you from using the Schindler Plan & Design offered by Schindler and removing any information, data and content put on the Site by you, at any moment and without notice. If we have suffered damage(s) by your violation we may, in our sole discretion, seek to recover damages from you.
Every provision contained in these Schindler Plan & Design Terms and Conditions is severable and distinct from every other provision. If at any time any one or more of the provisions of these Schindler Plan & Design Terms and Conditions is, or becomes, invalid, illegal or unenforceable, the validity, legality and enforceability of any of the provisions of these Schindler Plan & Design Terms and Conditions shall not be affected in any way.
No delay or omission of Schindler in exercising any right under these Schindler Plan & Design Terms and Conditions shall impair that right, or be construed as a waiver of that right. Furthermore, any single or partial exercise of any right shall preclude any further exercise of that right, or the exercise of any other rights. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies provided under this Agreement, by Applicable Laws, or by any other agreement or document.
These Schindler Plan & Design Terms and Conditions represent the entire agreement between you and Schindler and replace and supersede any previous or contemporaneous agreement, written or oral, express or implied or terms and conditions regarding between you and Schindler relating to the subject matter of these Schindler Plan & Design Terms and Conditions. No third party shall be able to derive any rights from these Schindler Plan & Design Terms and Conditions.
Subject to compulsory legal provisions, any use of the Sites and all legal disputes arising out of or in connection therewith are exclusively governed by Philippine law (“Applicable Laws”) and shall be submitted to the exclusive jurisdiction of the courts of Manila, Philippine.
If you have any questions or comments regarding these Schindler Plan & Design Terms and Conditions please contact us at:
Jardine Schindler Elevator Corporation
20/F Tower 1, Insular Life Corporate Centre
Insular Life Drive, Filinvest Corporate City
Alabang 1781 Muntinlupa City, Philippines
Phone: +63 2 683 6800
Email: info_mkt.ph@schindler.com
Copyright © 2020 INVENTIO AG
All rights reserved.
INVENTIO AG, Seestrasse 55, CH-6052 Hergiswil, owns and retains all copyrights and other intellectual property rights in the Sites and Schindler Plan & Design web platform and the related software.
Any reproduction, translation, copying or storing in data processing units in any form or by any means without prior permission of INVENTIO AG is regarded as infringement and will be prosecuted.