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Platform Terms

1. Introduction 

These Platform Terms (hereinafter: “Terms”) apply to anyone using the self-assessment tool (hereinafter: “you” or “user”) offered on the EVA platform (hereinafter: “EVA-Platform”), including any reports, documents or information provided by the EVA-Platform.

The EVA-Platform is administrated and operated by the World Benchmarking Alliance Foundation, registered under number [xxx] (hereinafter: “WBA”, “we”, “our” or “us”). Our registered office is at Prins Hendrikkade 25, 1012 TM Amsterdam.

2. Use of EVA-Tool

The EVA-Platform offers a self-assessment tool called EVA for companies and organisations to self-assess their performance regarding sustainability and human rights (double materiality) (hereinafter: “EVA-Tool”).

Use of the EVA-Tool is provided ‘AS-IS’, ‘WHERE-IS’ and ‘WITH ALL FAULTS’ without any representations or warranties, whether express or implied, including (without limitation) any warranties regarding fitness for any particular purpose.

3. Use of EVA-Report

The tool can provide a report, including certain scores (hereinafter: “EVA-Report”). This EVA-Report provides an indication of how your company or organisation compares against similar companies and organisations with regards to sustainability and human rights. This tool does not provide a full benchmarking analysis against other companies.

The information provided in the EVA-Report and the scores shown only provides a high-level indication of the sustainability and human rights performance levels of your company or organisation and may only be used for internal reference only.

Under no circumstances can the results be shared externally or can any value be tied to it in such a manner that you directly state or indirectly insinuate that the EVA-Report or score is an official benchmarking analysis conducted by WBA. No reliance is given by WBA to you or any third party regarding the accuracy or completeness of the information in the EVA-Reports.

4. Your obligations

You agree to use the EVA-Platform in line with what can be reasonably expected from a responsible and careful internet user. It is amongst others prohibited to use (the contents of) the EVA-Platform for actions and/or behaviour contrary to law, public order or morality.

In particular, the following actions and/or behaviour are prohibited:

  1. infringement or otherwise acting in breach of intellectual property rights of WBA and/or third parties;
  2. making infringing, unlawful or misleading statements;
  3. distributing illegal material;
  4. evading, circumventing or deleting the security of (parts of) the EVA-Platform;
  5. to otherwise act and/or behave unlawfully toward WBA.

5. Measures and protection against abuse

If you fail to comply with the rights and obligations outlined in these Terms, WBA may, without giving prior notice, take the following actions:

  1. immediate, temporary or permanent withdrawal of your right to use our EVA-Platform;
  2. immediate, temporary or permanent removal of any posting or material uploaded by you to our EVA-Platform;
  3. issue of a warning to you;
  4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  5. further legal action against you; and
  6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

6. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our EVA-Platform, and in the material published on it, including all standards, information, guidance and tools. Those works are protected by (copyright) law. All such rights are reserved.

You may retrieve and view content from the EVA-platform, print off one copy of your EVA-Report, and may store this EVA-Report for internal use within your company or organisation. 

If you print off, copy or download or otherwise use any part of our EVA-Platform in breach of these Terms, your right to use our EVA-Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you wish to use data from our EVA-Platform in any way not expressly permitted in these Terms or wish to access further responses on our EVA-Platform, please contact [insert email address].

7. Uploading material to the EVA-Platform

Whenever you make use of a feature that allows you to upload material or information to our EVA-Platform, you warrant that the material or information is: 

  1. accurate (where they state facts);
  2. genuinely held (where they state opinions); and
  3. in compliance with applicable law.

You retain all your ownership rights in your materials, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties if necessary. We will not be responsible, or liable to any third party, for the materials or accuracy of any materials posted by you or any other user.

We have the right to remove any material that in our opinion does not comply with these Terms.

Where the EVA-Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. Accessing our EVA-Platform

Access to our EVA-Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our EVA-Platform without notice. We will not be liable if for any reason our EVA-Platform is unavailable at any time or for any period. 

10. Our liability

To the extent permitted by law, we and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our EVA-Platform or in connection with the use, inability to use, or results of the use of our EVA-Platform, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill; and
  • wasted management or office time;

To the extent permitted by law, we, and any affiliates or third parties connected to us, hereby expressly exclude This above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. 

In the event that WBA would have any liability against you, our liability for any incident (or series of connected incidents) shall never exceed the amount of fees paid by you per year.

Please refer to our Privacy Policy regarding how we collect and process your personal data.

12. Changes to Terms and the EVA-Platform

WBA reserves the right to unilaterally change these Terms. You will be notified if it is an important change. The changes will become effective immediately, unless otherwise stated. The announcement will be published on the EVA-Platform and/or by sending a notice by e-mail to all account holders. If you continue to use the EVA-platform after these changes have been made, you irrevocably accept these changes. We recommend that you review these Terms regularly.

We aim to update the EVA-Platform regularly and may change the content at any time. If the need arises, we may suspend access to our EVA-Platform or close it indefinitely. Any of the material on our EVA-Platform may be out of date at any given time, and we are under no obligation to update such material.

13. Jurisdiction and applicable law

These Terms are governed by Dutch law. Any dispute in connection with to these Terms or your use of the EVA-Platform will be submitted to the competent court in Amsterdam, the Netherlands.

14. Your concerns

If you have any concerns about material which appears on the EVA-Platform, please contact [email address].