1. Applicability
Any use of the web sites managed by SEW-EURODRIVE Polska Sp. z o.o. with ist registered office in Łódż (92-518) at ul. Techniczna 5, hereinafter referred to as “SEW-EURODRIVE“, is permitted solely subject to these Terms and Conditions, hereinafter referred to as the “Conditions”. Registration shall be made subject to the rules specified in point 2 of the Conditions. When no registration is required, commencement of any use of a site shall be deemed as acceptance of the Conditions in their most recent version.
2. Registration
With a view to the safety of legal transactions, certain web sites of SEW-EURODRIVE are password protected and will be made accessible solely to registered users. Some web sites of SEW-EURODRIVE require additional authority and thus they are made accessible solely to registered users.
Users are not authorised to request SEW-EURODRIVE to grant such authority or to make claims for registration in the web sites of the Company.
SEW-EURODRIVE shall be entitled to prevent access to its web sites by blocking access data without specifying any reason, in particular when the user has provided false data at registration, lost their right to use the webs sites of SEW-EURODRIVE that are password protected or made available to them and if they breached the applicable laws.
At registration, Users shall be required to provide solely complete and true data and to notify SEW-EURODRIVE immediately of any subsequent changes thereto. Registration shall be deemed effective at the provision of the first and last name and e-mail address and setting the user’s access password.
Afterwards, SEW-EURODRIVE - within the registration procedure - will send a message to the provided e-mail address with a verification link. Access to password protected sites will be open when the verification link is clicked - when the authenticity of the specified e-mail address is confirmed. The User shall be responsible for ensuring that the messages sent to their e-mail address actually reach them.
3. Users’ rights and duties
Subject to prior arrangements with the user, the user shall be granted by SEW-EURODRIVE with a non-exclusive and non-transferrable licence to use the software and information that SEW EURODRIVE makes available to its customers by download from its web sites.
If no such arrangements are made, the licence shall be granted automatically by providing access to the software and information on the web site.
With respect to the software provided by SEW-EURODRIVE, the users shall not be entitled to claim delivery of the relevant source code. The above does not apply to the source code of open source software where the licence terms and conditions require the disclosure of the source code if only they prevail in relation to this contractual provision.
In such situation, SEW-EURODRIVE will provide users with the source code in exchange for the costs incurred.
Users shall be obliged to prevent any access by third parties to the information, software and documentation made available to them for registration purposes. Users may not sell, lease or transfer the access to the information, software and documentation of SEW-EURODRIVE subject to any other rules. Unless the applicable regulations provide otherwise, users shall not be permitted to modify, recourse or back translate any software and documentation or to disassemble any of them. Users may make a backup copy of the software if such copy is required to ensure its future use, in compliance with these provisions.
Users shall be liable for any orders made with the use of the user’s data and for any other activity. Users who become aware of any incorrect use of their data by third parties shall notify SEW-EURODRIVE thereof immediately in writing (also by e-mail if required). When such notification is received, SEW-EURODRIVE shall be entitled to block access to the password protected areas.
The User may demand at any time in writing to have their registration removed unless such removal may not be done due to the existing contractual obligations. In such situation, SEW-EURODRIVE will remove all user’s data and any other personal data of the user that may be stored. SEW-EURODRIVE shall be entitled at any time to block access to the web sites, in particular when the user breaches their obligation resulting from these Conditions.
In connection with the use of the web sites of SEW-EURODRIVE, it is prohibited to:
- make any damage to third parties and breach their personal rights,
- breach any protective rights of industrial property, copyright and other property rights,
- transfer any content containing viruses or other malware that may cause damage to the software,
- violate good morals,
- upload, save and send any content or hyperlinks, in particular when such hyperlinks and content breach the applicable confidentiality obligations or are incompliant with law,
- distribute any e-mail messages that contain spam, advertisements or inappropriate warnings against viruses or functional defects and similar or to induce to participate in games, including for example games of chance, financial pyramids, message chains or games within pyramid systems.
4. Intellectual property
The web sites of SEW-EURODRIVE contain materials, including text, photographs and other images as well as sound materials, protected by copyright or other intellectual property rights.
All rights to trademarks, copyright, database rights and all other intangible property rights, related to the content of the web sites of SEW-EURODRIVE (as well as the arrangement and layout of those sites) with the code of the applied software, are owned by SEW-EURODRIVE or have been licenced to SEW-EURODRIVE by the owner(s) thereof to be used in the web sites of SEW-EURODRIVE.
Without explicit prior written consent of SEW-EURODRIVE itis not permitted to:
- copy, modify, distribute, use or duplicate - in whole or in part - in any form the content of the web sites of SEW-EURODRIVE or the code of the applied software. The above also applies to brands and trademarks, nameplates and logos of SEW-EURODRIVE.
- remove any notices of copyright, trademarks or other intellectual property rights from the original materials or any materials copied or printed from the web site,
- place links to the web sites of SEW-EURODRIVE.
Users may print any sites for their own use.
Apart from any rights expressly granted pursuant to these Conditions, SEW-EURODRIVE by providing access to materials in its web sites does not grant the users any other rights whatsoever, in particular copyright, rights to company names, protective rights to industrial property such as patents, utility models and brands. SEW-EURODRIVE is not obliged to grant such rights.
5. References and links
The web sites of SEW-EURODRIVE contain links to external web sites. When such link is clicked, an external web site may open in full screen (in that case, it is necessary to click the “back” button on the browser to return to our site) or in certain instances it may open up in the window of the web site of SEW-EURODRIVE (in that case, it is possible to return to the web site of SEW-EURODRIVE with navigation buttons in the window).
When an external site opens in the window of the web site of SEW-EURODRIVE, this takes place solely to facilitate navigation and return to the present site and indicates no liability on our part for the external web site even if the site is owned and managed by another company in the SEW-EURODRIVE group.
The above links are to support easy finding of appropriate web sites, services or products that may be of interest to the visitor. A decision if any services or products available via any web site are in line with the user’s objectives lies solely with the user.
SEW-EURODRIVE shall not be liable for any operations of owners or operators of the web sites as referred to above, for the goods and services provided by them or for any content displayed in their web sites, and makes no warranty, representation or assurance concerning such content and accepts no liability with reference to the above web sites. SEW-EURODRIVE shall be neither liable for any claims concerning a breach of third party intellectual property rights in connection with the use of any external web site to which a link is available on the web sites of SEW-EURODRIVE.
6. Content of online offers/liability
On its web sites, SEW-EURODRIVE offers specific information, services and products. SEW-EURODRIVE explicitly reserves the right to modify, add, delete, block temporarily or irrevocably its web sites in whole or in part without any prior notice.
If any materials are displayed on the web sites of SEW-EURODRIVE, all liability for their material or legal defects shall be disclaimed. In particular, SEW-EURODRIVE shall not be liable for the correctness, integrity, completeness and usability of any displayed information, software, documentation or for any third party protective rights or copyright to which they may be subject.
All information displayed on the web sites of SEW-EURODRIVE is of general nature. SEW-EURODRIVE endeavours to ensure that the information published in its web site is correct at the time of publication; however, no accuracy of the information is guaranteed. SEW-EURODRIVE shall not be held liable for any actions taken on the basis of such information or for any losses or damage suffered as a result of such actions.
The materials published on the web sites of SEW-EURODRIVE may contain specifications or general descriptions of technical features of certain products that do not have to correspond to actual facts in individual instances. The above may apply e.g. when products are modified. The published materials are not binding and do not constitute an offer within the meaning of law. Therefore, the required features of individual products shall be agreed at purchase.
7. Accessibility
SEW-EURODRIVE does not guarantee uninterrupted accessibility to its web sites.
SEW-EURODRIVE may suspend the functioning of its web sites for maintenance or servicing reasons, to update the content thereof or for any other reason.
8. Viruses
SEW-EURODRIVE takes all reasonable efforts to eliminate viruses from its web sites. SEW-EURODRIVE shall not be held liable for any damage caused by viruses. Before downloading any information from the web sites of SEW-EURODRIVE users should make sure that adequate precautions have been taken.
9. Changes to the conditions of use of the web sites and modifications to the web sites
SEW-EURODRIVE reserves the right to modify the Conditions at any time. Viewing the web sites of SEW-EURODRIVE, visitors accept the fact that the Conditions are applicable - therefore, users should review the content thereof before any next visit of the web sites.
SEW-EURODRIVE reserves the right to make at any time and without prior notice any corrections and modifications to the information, services, products and other content published on the web sites.
Additionally, SEW-EURODRIVE may modify the format of its web sites at any time.
10. Data protection
Personal data disclosed to SEW-EURODRIVE and to other companies in the SEW-EURODRIVE group via the web sites of SEW-EURODRIVE will be used solely in compliance with the provisions of the Information concerning personal data protection of SEW-EURODRIVE, hereinafter referred to as the “Information”.
Please carefully review the Information before any further use of the web sites of SEW-EURODRIVE. By disclosing their personal data, visitors agree to have it used in compliance with the Information.
11. Complaint procedure
Should you have any questions or complaints concerning the web sites of SEW-EURODRIVE, please contact the administrator of the above sites.
12. Export restrictions
Transfer of certain information and services depending on their intended use or final application in the light of the applicable executive regulations of the European Union, USA and EU Member States, may be subject to confidentiality or may be completely prohibited. Access to materials and services published on the web sites of SEW-EURODRIVE and transfer thereof shall be allowed only when the user guarantees compliance with all national and international export statutes and regulations. Otherwise, SEW-EURODRIVE may refuse access to its web sites and content thereof.
13. Final provisions
All additional arrangements shall be made in writing. Should any provision of these Conditions be found incompliant with applicable laws, the other provisions of the Conditions remain valid.
The terms and conditions of use of the web sites are subject to and shall be interpreted in accordance with Polish law. Any disputes related to these Conditions or use of the web sites of SEW-EURODRIVE shall be resolved by competent Polish courts of law.