1. Scope
1.1
Any use of the web pages (Hi-Tech Website) offered by Hi-Tech Bearings Pvt. Ltd. ("Hi-Tech") shall be subject to these Conditions insofar as use is not otherwise regulated by the conditions of the Hi-Tech company in the respective country. By commencing use, the user accepts the validity of these Conditions of Use in their current version.
1.2
These General Conditions of Use may be supplemented, modified or replaced from time-to-time.
2. Contents of the Hi-Tech Website
On its website, Hi-Tech has placed non-binding information as well as related documentation and software which may be called up or downloaded. Such placement shall be without any commitment and without any warranties as to completeness. Hi-Tech may at any time in whole or in part block the Hi-Tech Website or change the contents without any prior notice. Hi-Tech does not accept any liability in relation to the uninterrupted availability of the Hi-Tech Website.
3. Rights of Use
3.1
The use of the information, software and documentation available on the Hi-Tech Website shall be subjected to these Conditions, or if the information, software and documentation are updated, such shall be subject to the applicable license conditions already agreed with Hi-Tech. Any license conditions separately agreed upon shall prevail over these Conditions.
3.2
Hi-Tech grants to the user a non-exclusive, non-transferable, non-assignable, non-sub-licensable right to use the information, software and documentation available on the Hi-Tech Website to the extent to which it is agreed between the parties, or, in case there is no agreement on this point, in accordance with the purpose intended by Hi-Tech.
3.3
Software is only available in a machine-readable form at no cost. No right shall exist to the release of any source code. In case the license conditions of open source software have priority over these Conditions and require Hi-Tech to make the source code available, such source code shall be made available in exchange for reimbursement of expenses.
3.4
Unless mandatory provisions govern to the contrary, the user may not change, reverse, develop, or reverse translate the software or its documentation or remove any part therefrom.
3.5
The information, software and documentation are protected by applicable copyright laws as well as other applicable laws related to intellectual property. The user shall observe such laws, and in particular any alphanumerical identification, marks or copyright notices shall not be removed from the information, software or documentation or from any copies thereof.
3.6
Any provisions of applicable copyright law regarding the protection of any software shall not otherwise be affected hereby.
4. Intellectual Property
4.1
Notwithstanding the particular requirements in section 4 of these Conditions of Use, any information, trademark names and other contents of the Hi-Tech Website may not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of Hi-Tech.
4.2
Except for the right of use and other rights expressly granted herein, the user shall be granted no further rights of any type whatsoever, in particular those to the company name or to industrial property rights, such as patents, utility models or trademarks, nor shall Hi-Tech be subject to any corresponding duty to grant such rights.
5. Registration and Use of Protected Pages
5.1
Some pages of the Hi-Tech Website are protected by way of a password. Access to these pages is only possible for registered users for transactional business security purposes. There shall be no right to be registered by Hi-Tech. In particular, Hi-Tech reserves the right to make web pages previously freely accessible subject to registration. Hi-Tech may at any time revoke a right of access by blocking the access data without providing any reasons therefor, in particular when the user:
- Has provided false details for registration;
- Has breached the Conditions of Use or its duties of care in relation to the treatment of access data;
- Has breached applicable law in accessing or using the Hi-Tech Website; or
- Has been an inactive user of the Hi-Tech Website for a period of at least 24 months.
5.2
In the event that registration is permitted, the user shall provide accurate and correct details and must advise Hi-Tech immediately of any changes.
5.3
After registration the user shall receive a user name and password (user data). At the time of first access the user shall change the password provided by Hi-Tech into a secure password. The user data allows the user to access its own data, to change such data, and, if necessary, to extend or revoke agreements to data processing.
5.4
The user shall ensure that the user data are not available to third parties and shall be liable for all orders and other activities taken under the user data. After each occasion of use, the area protected by password shall be exited. Insofar as the user becomes aware that any third party is misusing user data, the user shall immediately notify Hi-Tech of such in writing, and, if applicable, in advance by e-mail communication. After receipt of such notification, Hi-Tech shall block the access to the area protected by password for that user data. The lifting of any blocking is only possible after a special application by the user to Hi-Tech or after a further registration.
5.5
The user may at any time in writing demand the deletion of any registration insofar as the deletion is not prevented by the processing of current contractual matters. In such case, Hi-Tech shall erase all user data and all other personal data of the user as soon as such is no longer required.
6. References and Links
The Hi-Tech Website may contain references and links (hyperlinks) to the websites of third parties. Hi-Tech does not accept any responsibility for the contents of such websites, nor does Hi-Tech make the contents of such websites its own, as Hi-Tech cannot control any information connected by a third party link and is not responsible for the contents and information therein contained. Any use of linked websites shall be at the risk of the user.
7. Exclusion of Liability for Defects as to Title and Quality, Viruses
7.1
Insofar as any information, software or documentation is made available at no charge, any liability is hereby excluded for defects as to title or defects as to the quality of the information, software and documentation, and in particular for the correctness, defect-free nature, and the non-existence of property rights or copyright of third parties, completeness and/or usability except in cases of wilful acts or malice. Hi-Tech HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
7.2
The information contained on the Hi-Tech Website may include specifications or general descriptions of technical possibilities of products, which in individual cases (e.g. for reasons of changes in products) may not always be available. The required performance specification of the products should therefore be agreed prior to purchase in each case.
7.3
The liability of Hi-Tech for any defects as to quality and defects as to title shall be determined by the provisions in sections 7.1 and 7.2 of these Conditions. Ceteris paribus, any liability of Hi-Tech is excluded unless (i) mandatory law (e. g. the Product Liability Act) requires it, (ii) as a result of product liability law, (iii) as a result of wilful acts or gross negligence, (iv) as a result of death or personal injury, (v) as a result of the acceptance of a guarantee as to quality, (vi) as a result of malicious concealment of a defect, or (vii) because of the material breach of a contract. Any damages for material breach of contract shall however be limited to typical, foreseeable damages, insofar as wilful acts or gross negligence are not involved.
7.4
Hi-Tech shall endeavour to keep the Hi-Tech Website free from all viruses, however Hi-Tech cannot give any assurance as to a virus-free environment. Before downloading any information, software or documentation, the user shall, for its own protection as well as to prevent viruses coming onto the Hi-Tech Website, use suitable security measures and virus scanners. The User is responsible for implementing sufficient procedures and checkpoints to satisfy its particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
7.5
A reversal of the burden of proof shall not be assumed by any of the above provisions.
8. Obligations of Use
8.1
The user may not in regard to the Hi-Tech Website:
- Cause any damage or injury to any persons, in particular juveniles, or violate their right to privacy;
- Act against good morals by its method of use;
- Violate industrial property rights or copyright or other property rights;
- Transmit any contents with viruses or so-called “Trojan Horses” or other programming which could damage software;
- Provide, store or send hyperlinks or contents to which it is not allowed, in particular if such hyperlinks or contents are a breach of a duty of confidentiality or are unlawful; or
- Distribute advertising or unsolicited e-mails (so-called "spam") or irrelevant warnings as to viruses, malware or similar, or request persons to participate in gambling, games, chain letters, pyramid schemes or any other similar actions.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Hi-Tech may harm Hi-Tech or users of the Website or expose them to liability.
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
8.2
Hi-Tech may block access to the Hi-Tech Website at any time, in particular if the user breaches its duties under these Conditions.
9. Export Requirements
The transfer of information, software and documentation can be subject to the applicable legal provisions of export controls, in particular but not limited to the law of the EU or its member states or the US, due to its type or its purpose of use or its end use. The user confirms that he shall comply to the applicable provisions of export control law at all times.
10. Protection of Personal Data
Hi-Tech shall, in compiling, using and processing personal data of the user, observe the applicable data protection regulations which may be viewed on the Hi-Tech Website.
11. Collateral Agreements, Place of Jurisdiction, Applicable Law
11.1
Any collateral agreements to these Conditions of Use including any amendments of this clause shall be in the written form.
11.2
The place of jurisdiction is the registered seat of Hi-Tech Bearings Pvt. Ltd.
11.3
The individual pages of the Hi-Tech Website are operated by and are the responsibility of Hi-Tech. These pages comply with the requirements of the specific country in which Hi-Tech India Limited has its registered seat. Hi-Tech accepts no responsibility for the possibility that information, software and/or documentation in the Hi-Tech Website may be called up or downloaded in places outside of the respective country. If users from countries outside of the respective country use the Hi-Tech Website, they are themselves responsible for compliance with the applicable regulations of the respective country. Access to information, software and/or documentation on the Hi-Tech Website in countries in which access is unlawful is not allowed. In such case, and should the user wish to contact Hi-Tech commercially, the user should contact the Hi-Tech representatives in the respective country.
11.4
These Conditions as well as the use of this website shall be subject to the law of the registered seat of Hi-Tech Bearings Pvt. Ltd.