Smluvní podmínky pro Alfa Laval Product Guide
(October 2021, v 1)
Alfa Laval AB (publ) and its affiliates located across the globe (“Alfa Laval”) operate multiple websites and contribute to their content (hereinafter collectively referred to as the “Websites” or individually as a “Website”).
The reference to Websites includes Alfa Laval’s web shop or any other websites with purchasing possibilities operated by or on behalf of Alfa Laval. Some of the Websites further enable customers and Alfa Laval’s business partners to connect.
As a user, customer or an Alfa Laval business partner, your use of the mentioned Websites is subject to the following terms and conditions, together with the documents referred to in these terms (hereinafter referred to as “Terms”).
In addition to these Terms, the following additional conditions apply to your use of the Websites:
- Alfa Laval’s cookies policy, which gives information about the cookies on the Websites; and
- Third party user terms relating to their services on the websites which may apply to specific portions or features on the Websites.
While all are welcome to visit Alfa Laval’s Websites, by accessing and using the Websites, you agree to be bound by these Terms and you agree to comply with them.
If you disagree to be bound by or comply with any part of these Terms, please refrain from using the Websites and exit as your use is not authorized.
Terms Applicable for All Users
2. Information and Published Material Disclaimer
While Alfa Laval endeavors to ensure that the information on the Websites published by Alfa Laval is correct, Alfa Laval does not make any warranties or undertakings of any kind whatsoever and disclaims any warranties for fitness for a particular purpose in relation to the information and material, including but not limited to the accuracy and completeness of the information and the material. Alfa Laval at its discretion, may make changes to the information and material provided on the Websites at any time and without notice. The information and material on the Websites may be out of date, and Alfa Laval makes no commitment to update such information and material.
Accordingly, to the maximum extent permitted by law, Alfa Laval provides you with access to its Websites on the basis that Alfa Laval excludes all representations and warranties, conditions, and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) in relation to the Websites.
3. Third-Party Sites
The Websites may contain links to other websites not operated or owned by Alfa Laval (“Third-party sites”). Links to Third-party sites are solely provided for your information only as a convenience to you. Inclusion of links to Third-party sites offering products, material or services shall not imply an endorsement or recommendation by Alfa Laval.
Alfa Laval has no control over the contents of these Third-party sites or information contained therein and makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in them. Alfa Laval shall have no liability for any damages or injuries of any kind whatsoever, arising from the use of such Third-party sites or any content or information contained on them.
You will need to make your own independent judgement concerning your use of the Third-party sites. Your use of the Third-party sites is subject to the terms and conditions set forth therein.
While Alfa Laval endeavors to ensure that the Websites are normally available twenty-four (24) hours a day, Alfa Laval shall not be liable if, for any reason, any website is unavailable at any time for any period. Access to the Websites may be suspended temporarily and without notice in case of system failure, maintenance, repair or for any other reasons.
The Websites are provided “as available” without any express or implied warranty or representation whatsoever that they will be uninterrupted or timely. Alfa Laval makes no warranties, express or implied, regarding the functionality and accessibility of the Websites.
5. Acceptable Use
By accessing and using any Website or any other feature provided through any of the Websites, you agree to abide to the following standards of conduct.
You agree that you will not, and you agree that you will not facilitate or authorize any attempts by another entity or person, to:
- Use any Website in breach of these Terms;
- Copy, reproduce, duplicate, sell, resell or exploit for any commercial purposes, any part of the Websites or the use or access to the Websites;
- Impersonate, harass, threaten, stalk, intentionally embarrass or cause distress to another person or entity;
- Engage in disruptive activities, gain unauthorized access to any computer system or non-public part of the Websites, disrupt or interfere the Websites, servers or networks connected to the Websites;
- Introduce harmful code, viruses, worms, Trojan horses, or any other software that contain harmful components to the Websites;
- access the Websites from any location prohibited by Export Laws or if otherwise prohibited for you by Export Laws and you shall not grant access to a person or entity listed on a sanctioned party list, including without limitation European Union Sanctions List, US Specially Designated National (SDN) lists, US Denied Persons List. “Export Laws” means all national and international export and re-export control regulations including, but not limited to, those of the European Union, of the United States of America and regulations of any other country or jurisdiction which may apply; or
- Behave in a manner that may constitute a criminal or civil offense, or otherwise violate any applicable laws, rules, or regulations.
Alfa Laval in its sole discretion reserves a right to suspend or terminate access to its Websites, if Alfa Laval in its reasonable discretion decides that the user has violated or breached the Terms.
Alfa Laval reserves all the rights available at its disposal including remedies available at law
6. Unsolicited Submissions
Except as expressly provided in these Terms or as agreed separately in any additional agreement, any unsolicited submission of materials (including information and other communications you transmit or post on the Websites) will be considered without limitation: (i) a contribution to Alfa Laval for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the materials and (ii) non-confidential, non-exclusive, royalty-free, irrevocable, transferrable, fully sub-licensable and non-proprietary.
Alfa Laval disclaims any and all liability and obligations concerning these types of unsolicited submissions and gratuitous information. User’s own discretion is advised before submission of any material on the Websites.
7. Intellectual Property Rights
You are permitted to print or download extracts from the Websites provided that the following provisions are complied with:
- no documents or related graphics on the Websites are modified in any way;
- no graphics on the Websites are used separately from the accompanying text;
- no logotypes are removed or used separately from the accompanying text; and
- Alfa Laval’s copyright notice appears in all copies.
The copyright and other intellectual property rights such as trademarks, service marks, graphics, logos, designs in and to the Websites or provided on the Websites including all information, material, photographs and graphical images are owned by Alfa Laval or its licensors. Your use of the Website grants you no right or license to reproduce or otherwise use any such intellectual property rights belonging to Alfa Laval or any third-party.
For the purpose of this legal notice, any use of extracts from the Websites other than in accordance with this section 7 is prohibited.
8. Your Responsibilities
You are responsible for taking preventive measures and actions to protect your peripheral devices such as mobiles, tablets and computers from viruses or other harmful content when using the Websites. You shall immediately notify Alfa Laval if there is any discrepancy or incorrect data detected in the information available on a Website or if you identify any virus or corruption of a website.
If you represent a company or another legal person, you agree to defend, indemnify, and hold Alfa Laval, its suppliers, licensors, employees, and agents harmless from and against all claims and expenses, including attorney or legal fees arising directly or indirectly from your use of one of the Websites in violation of these Terms, any other applicable conditions or intellectual property rights.
Except as explicitly provided for in these Terms, nothing from the Websites may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or otherwise without Alfa Laval’s prior written permission and nothing in these Terms shall be construed as a transfer or grant, by implication or otherwise, of any right, title or interest.
9. Changes to These Terms
Alfa Laval may from time to time and in its discretion make changes to these Terms. Such changes and amendments shall be effective upon posting of the revised Terms on the Website. The date of the last modification is stated at the top of each Term document. It is your responsibility to check the Term document from time to time for updates.
When Alfa Laval makes revisions of a Term document that it considers material for registered users, Alfa Laval will ask signed in users to read and agree to the changed terms.
You will have no obligation to continue using Alfa Laval’s Websites following any changes to these Terms, but if you continue to use the website after any changes, it will constitute your acceptance of the changes.
10. Limitation of Liability
Alfa Laval’s Websites are provided “as is” without any express or implied warranty or representation whatsoever that they will be secure, error-free or that third party content provided will be free of viruses or other harmful components.
Alfa Laval disclaims all liability for the Websites (to the extent possible under applicable mandatory law) and makes no warranties, express or implied, regarding the Websites.
In no event will Alfa Laval, any of its subsidiaries, their officers, directors, employees or shareholders, be liable for any amount or any kind of loss or damage that you or any third-party may incur (including without limitation, any direct, indirect, punitive or consequential loss or damage, or any loss of income, profits, and whether in tort, contract or otherwise) in connection with your use of the Websites in any way, or in connection with the inability to use or the results of the use of the Websites, if you are a customer including any information received from Alfa Laval business partners, any websites linked to Alfa Laval’s Websites or the material on such Websites, including without limitation any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Websites or your downloading of any material from the Websites or any websites linked to the Websites.
You agree that your sole and exclusive remedy for any problems, losses, costs, or dissatisfaction caused by use of any Website where registration is required is to de-register from such website.
For further information about registration of a profile and de-registration of such profile, please see section 13 and section 14 below.
All provisions of these Terms are severable, and if any provision or part thereof is deemed invalid or otherwise unenforceable, then such provision shall be construed to reflect the closet lawful interpretation of Alfa Laval’s original intent, and the remaining provisions shall remain valid and enforceable.
Any delay, omission or failure by Alfa Laval to exercise or enforce a right arising out of or in connection with these Terms shall not be construed as a waiver of that right, not shall it impair such right on future occasions.
These Terms and the rights and obligations granted hereunder may be assigned or transferred by Alfa Laval to any entity within or outside the Alfa Laval group. The user may not assign or transfer these Terms, or any part thereof, or any other rights or obligations granted hereunder.
12. Applicable Law and Dispute Resolution
The Terms are subject to the laws of Denmark without regard to any choice or conflicts of law principles.
Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Rules of Conciliation and Arbitration of the International Chamber of Commerce by three arbitrators designated in conformity with those rules. The place of arbitration shall be Copenhagen, Denmark and the English language shall be used in the proceedings.
Additional Terms Applicable for Users with a Profile
13. Profile and Profile Information
By registering your user credentials and clicking “I confirm” or similar, you create a profile for the applicable Alfa Laval Website. The credentials provided shall be current, complete, and accurate.
If you register user credentials and create a profile on behalf of a company by clicking “I confirm” or similar, you represent that you are authorized to register user credentials and create a profile on behalf of the company.
By registering your user credentials and consenting to these Terms, you acknowledge that you accept and agree to comply with these Terms.
You are responsible for keeping your personal credentials and login information up to date and secure from unauthorized access.
You may at any time change or remove information in your profile. You may also at any time de-register your profile (as described in section 14 below).
Alfa Laval reserves the right to suspend or terminate your profile if activities occur which, in Alfa Laval’s sole discretion, constitute or may constitute a violation of these Terms or of any applicable laws, rules or regulations or if the profile is being used or may be used by an unauthorized person.
You may at any time de-register your profile and cease using the Websites.
If you decide to de-register your profile, you will no longer be granted access to the profile. Upon such de-registration, and if requested by you, available information in your profile will be sent to you by e-mail and deleted shortly thereafter.
15. Customer’s Information Sharing
As a customer, you can choose to share certain information from your profile with an Alfa Laval business partner.
An Alfa Laval business partner is a legal entity that has an agreement with Alfa Laval for distribution or sale of Alfa Laval’s products and/or related services.
The Alfa Laval business partners will only have access to such information that you have explicitly agreed to share. On a Website where both customers and business partners have access and can register a profile, you may at any time withdraw your approval of the Alfa Laval business partner’s access to your profile information by selecting de-share for a specific Alfa Laval business partner.
16. Business Partner Processing of Customer’s Profile Information
If you as a business partner are granted access to a customer’s profile information and in any way process such information, you will be regarded as a data controller for such processing. You are only allowed to process the information for the purpose of (i) contacting the customers regarding quotes or questions submitted to you by those customers, and (ii) offering maintenance and other services in relation to the customers’ products.
If a customer withdraws its approval to share its profile information with you, we ask you to erase all information about the customer stored in any electronic file or database as soon as possible.
Being a data controller implies that you must process the customer’s personal information in accordance with the data protection legislation applicable in the jurisdiction where you are located.
By accepting these Terms, you warrant that you will process customers’ personal data in accordance with the applicable data protection legislation.