Legal Policy

  • 8 December 2016

Please read these general terms of use carefully. By accessing this website you agree to be bound by the general terms of use set out herein. If you do not agree with these terms and conditions, please do not access this website.

Throughout this site, the terms "we", "us", "our" and "ORX" refer to the Operational Riskdata eXchange Association (ORX). The term "you" means any visitor to this website.

Website Privacy Policy

Any personal information or material sent to the ORX website is subject to the ORX Privacy Policy.

Accuracy, completeness and timeliness of information

While ORX endeavours to provide accurate, complete and up-to-date information, ORX makes no representation as to the accuracy, reliability or completeness of the information contained and views expressed on its website. Any reliance upon the material on this website shall be at your own risk.

Transmission

Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of ORX and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication and posting. Furthermore, ORX is free to use for any purposes whatsoever any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that ORX's use will not infringe any third party's rights. ORX is under no obligation to use the information submitted.

Security of data transfers

Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. ORX cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. 

Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.

Intellectual property rights

All copyright and other intellectual property rights in all text, images and other materials on this website are the property of ORX or are included with the permission of the relevant owner. 

You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is under the condition that you keep intact all copyright and other proprietary notices. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

The ORX logo is a registered trademark of ORX. Nothing contained on this website should be construed as granting any license or right to use this trademark. Your use/misuse of this trademark, except as provided for in these general terms of use, is strictly prohibited.

Links

The ORX website contains links to unaffiliated websites and ORX has no control over and accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and ORX cannot be held responsible for any subsequent change in other websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by or responsibility of ORX for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content of such sites and we expressly disclaim any such endorsement or representation. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

Warranties

This website is provided to you on an "As Is" and "As Available" basis and, consequently, ORX gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this website will be un-interrupted or error-free; that this website will be secure; that any advice or opinion obtained from ORX through this website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.

We reserve the right to restrict or terminate your access to this website or any feature of this website at any time.

Liability

ORX shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or fail to take as a result of any electronic mail messages you send us. 

ORX shall have no responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.

Furthermore, ORX shall have no liability or any responsibility whatsoever for any loss suffered 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 this website. If you choose to download material from this website you do so at your own risk.

Prohibited activity

You are prohibited from doing any act that ORX in its reasonable discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:

  • Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals
  • Using this website to defame or libel ORX, its Members, employees or other individuals or acting in such a way that brings into disrepute the good name of ORX
  • Uploading files that contain viruses that may cause damage to the property of ORX or the property of other individuals

Applicable law/jurisdiction

You and ORX agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by Swiss law and be submitted to the exclusive jurisdiction of the ordinary courts of Zurich/Switzerland.

Update of general terms of use

We reserve the right at any time to make any changes and corrections to these Ggeneral terms of use.

Copyright notice

This copyright notice applies specifically to the ORX Operational Risk Report (the "Report") you may order on this website. As regards copyrights and other intellectual property rights regarding any contents of this website, please refer to the "Intellectual property rights"-section of these general terms of use.

All rights, including with no limitation copyright, in the Report are owned and controlled by ORX. The Report is provided to you for your own personal, non-commercial use. Except where expressly stated otherwise, you are not permitted to copy, publish, make available, transmit, adapt, modify, create new works from, or exploit the Report in any way in whole or in part, without the prior written consent of ORX.

Without prejudice to the generality of the foregoing, ORX permits the transmission of copies of the Report to interested third persons, such as to colleagues within your organisation, provided that the Report is transmitted in whole and in particular that the copyright, trademark or other notices are not removed.

These general terms of use are applicable.

Copyright & disclaimer notice

This copyright notice applies specifically to the ORX Reporting Standards document that you may download from this website. All rights in this document are owned and controlled by ORX. ORX permits it to be used internally and transmitted publicly in whole or in part. This permission is granted provided that, if any aspect of this classification scheme is incorporated into a public document, into materials given to clients by consultants or into commercial products such as software, its ownership by ORX is acknowledged appropriately.

ORX has prepared this document with care and attention. ORX does not accept responsibility for any errors or omissions. ORX does not warrant the accuracy of the advice, statement or recommendations in this document. ORX shall not be liable for any loss, expense, damage or claim arising from this document. The content of this document does not itself constitute a contractual agreement, ORX accepts no obligation associated with this document except as expressly agreed in writing.