Legal Notice
1. Access Restrictions
This website (the «Site») is owned and operated by PERILS CRESTA AG (“CRESTA”), a company incorporated in Switzerland. When we refer to “us”, “we” or “our”, we mean CRESTA. References to “you”, “your”, or “yours” refer to you, the visitor to our Site.Please read these terms and conditions (the “Terms of Use”) carefully, as they apply to your access to and use of this Site. By accessing this Site and any pages thereof, you acknowledge your agreement with and your understanding of these Terms of Use. If you do not agree to these Terms of Use or any of them, please do not access or use this Site.
If you are a visitor to the CRESTA CLIX website as well as the Site, your visit will be governed by these Terms of Use and by any licence that you may have been granted by CRESTA. If so, if there is a conflict between these Terms of Use and the terms and conditions of your licence then those of your Licence will govern. In the case of visitors to the CRESTA CLIX website the expression “Site” includes that website for the purposes of these Terms of Use.
CRESTA makes no representation that any information, materials, features or functions included are appropriate for use in any other jurisdiction. The Site is not directed to any person in any jurisdiction where, by reason of that person's nationality, residence, citizenship or for any other reason, the publication or availability of the Site or its content may be contradictory to local laws or regulations. Persons with respect to whom such restrictions or prohibitions apply must not access or use this Site.
If you are below the age where you are legally able to enter into a contract in your country of residence, you should ensure that your parent or guardian permits your entry on to this Site and agrees with our Terms of Use for you. If you do not have such permission, you should not enter this site.
2. Terms of Use
These Terms of Use are subject to change at any time. By accessing or using the Site you do so on your own initiative and are solely responsible for compliance with all applicable local laws and regulations.
3. General Disclaimer
You acknowledge that compiling industry losses for natural catastrophe events is an inherently subjective and imprecise process, involving the assessment of information which comes from a number of sources and which may not be complete or accurate.You further acknowledge that professional judgment is applied by CRESTA, in providing any information or indices, opinions or services through or by way of the Site. Industry loss amounts or other data or information accessed through the Site may be materially different from actual industry losses, or such data or information. Moreover, industry losses and the data or information relating to them may continue to develop over periods of time.
Neither CRESTA, nor persons acting on its behalf, nor persons or entities providing information for use in preparing the CLIX Industry Losses or any other data, information, opinions or services, made available through or by way of the Site, makes any warranty, express or implied, with respect thereto, including with respect to the the CLIX Industry Losses, the manner of calculating and disseminating such data, information, opinions or services and the CLIX Industry Losses, or any component, combination, compilation or derivative thereof, including without limitation, any warranty of merchantability or fitness for a particular purpose or use.
Any data, information, opinions or services provided through or by way of the Site, including the CLIX Industry Losses, are provided solely on an “as is” basis. Neither CRESTA, nor persons acting on its behalf, nor persons or entities providing information for use in preparing the data, information, opinions or services provided through or by way of the Site, including the CLIX Industry Losses, makes any guarantee as to the accuracy or completeness thereof or of any information included or reflected therein, or makes any warranty, express or implied, as to results to be obtained by any person or any entity from the use of the data, information, opinions or services referred to, including the CLIX Industry Losses, or any component, combination, compilation or derivative thereof for any purpose of use.
You agree and acknowledge that the data traffic through the Internet may cause delays or interruptions when accessing the Site. In particular, you acknowledge that the Site may not be available on a continual twenty-four-hour basis due to such delays, interruptions or due to any upgrading, modification or standard maintenance of the Site or due to temporary delays and interruptions caused by equipment failures, including with respect to back-up facilities of CRESTA.
You hereby waive and covenant, that you shall not make, nor cause anyone else to make, a claim against CRESTA for or in respect of, or in any way relating to such delays or interruptions
Further, CRESTA shall not be liable for any circumstances outside its control which could not have been foreseen and which could not be reasonably avoided or overcome by the CRESTA.
In no event shall CRESTA, or any of its subsidiaries or affiliates, be liable to any party for any loss, cost or damages, including any direct, indirect, special, incidental, or consequential loss, cost or damages, arising out of or in connection with the access or use of, or the inability to access or use, this Site or any of its functions or features, including in connection with any browsing or downloading of any information, data, text, images, or other material accessible through this Site or any website linked to or linking into this Site.
It is your responsibility to evaluate the accuracy, completeness, reliability and usefulness of any opinions, services or other information provided. None of the data, information, opinions or services provided through or by way of the Site, including the CLIX Industry Losses, are intended to be legal, accounting, tax, financial, investment or other professional advice, or advice on specific facts or matters and access is granted on the condition and understanding that it will not be interpreted or relied on as such. No liability whatsoever is assumed for any use or misuse of such information by any person. Users of this Site should consult their professional advisors with respect to their personal circumstances.
4. Disclaimer Regarding Products
Our Services may allow you to access, use, or interact with third-party websites, apps, content, other products and services. These Terms of Use and our Data Privacy apply only to the use of our Site. If you use a third-party’s services or website(s), their own terms and privacy policies will govern your use of those services.
For map data, zoning lists and mapping tables (including spreadsheet downloads) we use data from GfK GeoMarketing GmbH (GfK GeoMarketing), Werner-von-Siemens-Str. 2-6, Building 5109, 76646 Bruchsal, Germany in the Map Viewer. GfK Geo marketing’s terms and conditions regarding map data are set out in https://www.gfk.com/landing-pages/general-terms-and-conditions/.
5. No Recommendation or Advice
The information, features and functions contained on this Site are provided for your informational and educational convenience only. No information provided or available herein should be relied on in making any investment, financial planning or other decision. Nothing on this Site is or should be construed as advice, a recommendation, an offer, or any other service to acquire or dispose of any specific investment or to engage in any other investment or transaction.
6. Intellectual Property
“CRESTA” and its logo are registered trademarks of CRESTA. Except as indicated otherwise, all information, text, graphic images, logos, trade dress features or functions, and layout (including the “look-and-feel”), as well as any copyrights or other rights, are the exclusive property of CRESTA, and may not be copied, reproduced, posted, transmitted or distributed, in whole or in part, in any form (electronic or written) without first having obtained the CRESTA’s express written consent. Similar rights of third parties remain reserved. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with this Site, the CLIX Industry Losses or any other data, information, opinions or services made available through or by way of the Site and the CRESTA logo.Nothing on this Site should be construed as granting a license or any other right to use any copyrights, trademarks or logos. Moreover, the downloading or printing of any materials on this Site will not result in the transfer, explicit or implied, of any rights. You may, however, download or print any pages from this Site for personal, non-commercial, use only, provided you do not remove any copyright or other proprietary right notice. Such right may be cancelled or withdrawn at any time by CRESTA without notice and without giving any reason therefor.
7. Links
The links from this Site to other websites are provided for your information and convenience only. CRESTA does not assume any responsibility or liability with respect to any website linked from this Site (or any website linking into this Site), including its content and operation. CRESTA does not review or monitor such links. Some websites may be outside your country and subject to different regulators and rules.A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. CRESTA believes that the links it provides to other publicly accessible websites, webpages, newsgroups, and other sources, as applicable, is legally permissible and consistent with the common, customary expectations of those who make use of the Internet.
8. Liability for virus infected software
While CRESTA has used its discretion, best judgement and all reasonable efforts in maintaining this Site virus-free, it declines any liability for personal loss, property damage or direct, indirect, immediate or subsequent pecuniary loss which may result from transmission or downloading of computer viruses, and further declines any liability for hardware damage, loss of data, alteration of data, or downtime.
9. Acceptable Use of Our Site and Services
You must use our Site and services according to our Terms of Use and our policies. If you do not, we may disable or suspend your account.
Legal And Acceptable Use. You must only access and use our Site and services for authorised, legal and acceptable purposes. You agree that you will not use, and you wiil not help others to use, our Site in ways that are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or to instigate or to encourage conduct that would be illegal or otherwise inappropriate.
Harm. You must not (whether directly or indirectly) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Site or services (unless we have expressly allowed you to do so) and you must not permit or encourage or enable others to do so.
Security. You have to make sure that your device and your account are kept safe and secure, and you have to tell us promptly about any unauthorized use, if there has been a security breach of your account, or our Site.
10. Technical access
CRESTA does not guarantee timely, trouble-free and uninterrupted access to the Internet and assumes no liability if such access is not provided. CRESTA declines any liability for personal loss, property damage or direct, indirect, immediate or subsequent pecuniary loss.
11. Severability clause
If any one or more provisions of these Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any respect, all remaining provisions will continue in full force and effect. Any terms or conditions herein which are deemed to be null or void are to be interpreted such that their purpose is to be fulfilled to the fullest extent possible.
12. Applicable law and place of jurisdiction
This Site and these Terms of Use and any claim out or in connection herewith shall be governed by, construed, enforced and performed in accordance with the laws of Switzerland without reference to principles of conflicts of laws. The exclusive place of jurisdiction is the City of Zurich, Canton of Zurich Switzerland. You agree that any action at law or in equity that arises out of or relates to these Terms of Use will be filed only in the courts of the City of Zurich, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
13. Updates and modifications
Updates and modifications to these Terms of Use are subject to change at any time. Be sure to check these Terms of Use each time you access and/or use this Site, since any updated version applies to your access and/or use of this Site.
14. Contact information
If you have any questions, do not hesitate to contact us. For further information contact CRESTA’ principal office at:
PERILS CRESTA AG
CRESTA Secretariat
Marktgasse 3
CH-8001 Zurich
Switzerland
cresta@perils.org
Phone: +41 44 256 81 00
Last updated in October 2020.