Terms and Conditions of Use of the Website www.novofermindustrie.be
Last revised 05.2017
This website has been made available for your use by NOVOFERM GmbH, Schüttensteiner Strasse, 26, 46419 Isselburg (hereinafter: NOVOFERM). Your access to this website and its use are subject to the following Terms and Conditions of Use. You declare your acceptance of these Terms and Conditions of Use by accessing and using our website. If you do not accept the Terms and Conditions of Use, you must not access this website and use the content and services that are available for our representative on the site.
Section 1 Modification of the Terms and Conditions of Use
The Terms and Conditions of Use of the website may be modified by NOVOFERM at any time, which is why you should regularly review the terms and conditions. When you continue to use the website after publication of the modifications, you accept the application of the modified terms and conditions to your use of the site.
Section 2 Right of Use
a) General principle
All of the information, documents and illustrations published on our website are the property of NOVOFERM or are property of the representative, advertising with this website, or are covered by our sole and exclusive utilisation rights. Their use for commercial purposes is prohibited.
b) Documents available for download
To the extent that we have provided brochures, technical documents, terms and conditions of use and business etc. for you to download, their use within the scope of the intended purpose of use is permitted and is expressly released, provided that you do not modify the illustrations and texts or other data material without our prior consent.
c) Private and school purposes
You receive a non-exclusive right of use for private and school purposes provided that you accept the obligation to display a copyright statement on all copies and that the use of the content is solely for personal or educational purposes. The aforementioned use is permitted as long as the information, documents and illustrations are not modified and the illustrations are used solely in combination with the related text.
d) No establishment of claims for use
You do not have any legal claim to use of the website and its contents. NOVOFERM reserves the right at all times to modify or update the website or to restrict or refuse access to the website, either in whole or in part.
Section 3 Trademark Rights and Copyrights
All of the marks shown on the website are the property of NOVOFERM or are subject to third-party rights. The use of any such marks without the prior consent of the holder of the rights is prohibited.
Texts, illustrations, films and photographs published on the website are subject to the rights of the relevant originator and to an exclusive right of use of NOVOFERM. Any use beyond the aforementioned permission is prohibited and may constitute a violation of the Copyright Act.
Section 4 Patents and Other Industrial Property Rights
The products as pictured and described may be subject to protection under patent law or other industrial property rights (utility models and registered designs) held by NOVOFERM or third parties. The illustration, description or the granting of the aforementioned rights of use does not represent a licence for the use of the pictured or described intellectual property.
Section 5 Data Protection
If and when the collection and storage of data are necessary for the services provided on the website and their use, the data is handled in compliance with the regulations of the Data Protection Act and with the data protection law provisions of the TMG [German Telemedia Act] and with our Data Protection Statement.
Section 6 Registration
Registration is perhaps required for the use of specific functions of this website. The registration is free of charge. You must select a unique user name or pseudonym and a unique password and provide your current email address. If the confirmation of registration cannot be sent to the email address you provide, you will not be able to use the relevant services. NOVOFERM reserves the right to prohibit registration using obscene or prohibited pseudonyms and to delete any registration that has been created with such pseudonyms.
Section 7 Password Protection
You are yourself liable for the security of the confidentiality of your password, in particular for all activities conducted using your password, if and when they can be attributed to culpable behaviour on your part. As soon as you become aware of any circumstances giving rise to suspicion of third-party use of your registration or of unauthorised third parties gaining knowledge of your password, you are obligated to change the login data of your registration and to notify us immediately.
Section 8 Websites of Third-Party Providers/Links
The NOVOFERM website also contains links or references to third-party websites. NOVOFERM does not accept any responsibility for the availability or content of such websites or any liability for any loss or damage or injury that results from the use of such content. The establishment of a connection to a linked website is at the user’s own risk. NOVOFERM is not responsible for data protection, content, links, changes or updates of third-party websites.
Section 9 Terms and Conditions for Uploading and Publication
If and when users have been given the opportunity to publish user content on the NOVOFERM website, the prior acceptance of our terms and conditions for uploading and publication is required. NOVOFERM reserves the right to delete any content in violation of said terms and conditions.
Any misuse of the upload functions is prohibited. The user is liable for any and all damage or loss resulting from use in violation of the prohibitions. The user will indemnify and hold NOVOFERM harmless from any and all claims asserted by other users or other third parties against NOVOFERM because of infringement on their rights. The user is obligated in such cases to reimburse any and all costs incurred for legal defence. The above provisions do not apply if the user is not accountable for the infringement on rights.
Section 10 Restrictions on Liability
(1) Any and all content on the NOVOFERM website has been provided for information and advertising purposes. Unless mandated by legal statutes, the advertising statements and product descriptions on this website do not have any direct influence on contractual relationships concluded by the user with NOVOFERM or the representative. In particular, advertising statements and product descriptions do not represent guaranteed characteristics in the legal sense.
(2) Together with our representatives we strive to publish and update the content displayed on the website accurately, completely and in observance of all statutory regulations. Nevertheless, we cannot exclude the possibility that website content will become outdated over the course of time.
(3) We exclude any and all liability or warranties concerning the content of this website with respect to accuracy, completeness and up-to-dateness. For binding statements please contact our representative, named in the imprint.
(4) The availability of the products shown here cannot be guaranteed at all times. NOVOFERM reserves the right to remove products from its product lines, temporarily or permanently, or to replace them with other products.
(5) Under no circumstances is NOVOFERM liable for expenditures, costs or loss or damage that results from the access to or use of this website or the impossibility to use or access the website.
(6) The aforementioned limitations on or exclusions of liability do not apply if and when NOVOFERM’s liability is compulsory, especially in the case of product liability pursuant to the Product Liability Act, for liability because of wilful intent and gross negligence, or for cases of injury to life, body or health.
Section 11 Data processing for inquiries from end users
Contact forms, addresses or e-mail addresses also give end-users the opportunity to contact Novoferm GmbH and its representatives. The use of these services or the establishment of a contact does not lead to a contract with NOVOFERM GmbH. The end user is given the opportunity to contact the representative responsible for him and to request further product information or also specific cost estimates or offers via the local NOVOFERM sales partner for his address.
NOVOFERM is entitled to pass on the data of the user within the scope of its concrete consent to the responsible NOVOFERM sales partner in Germany and abroad. For further information, please refer to Data Protection Statement section 1 and 2.
Inquiries from end-users via forms of contact or published e-mail addresses of the representative are processed on behalf of the representative, in compliance with German laws and data protection.
Section 12 Proper Law and Venue, International Users
Our representative`s content and products of this website are intended for users who speak english. A version of the data protection statement and this Terms and Conditions of Use in german language shall be found at www.novoferm.de
The Terms and Conditions of Use are based on German law. Venue is the headquarters of Novoferm GmbH in Germany, 46419 Isselburg (Bocholt Judicial Circuit).