GERMANY WEBSITE GENERAL TERMS AND CONDITIONS – KUBOTA
1. PURPOSE OF THE TERMS AND CONDITIONS
1.1 The purpose of these general terms and conditions (hereinafter “Terms”) is to define the general terms and conditions of the Website accessible at the address www.kubota-eu.com (hereinafter referred to as the “Website”) that Kubota Europe S.A.S and Kubota Baumaschinen GmbH (“Kubota Baumaschinen”) makes available to Internet users (hereinafter the “Users”, and also referred to as “you”).
1.2 The Website allows Users to discover Kubota Baumaschinen products and services, and to sign up via their email addresses to receive all information, in particular commercial or promotional information, from Kubota Baumaschinen.
2. PUBLISHER AND HOST OF THE WEBSITE
2.1 The Website is published by Kubota Baumaschinen, a company with capital of EUR 14.316.172,67 registered in Germany on Amtsgericht Zweibrücken under number HRB1294, whose registered office is located at Zweibrücken, Germany. Its EU VAT number is DE 149601266. Kubota Baumaschinen can be reached at +49 6332 4870 and at the address: Steinhauser Straße 100, 66482 Zweibrücken, Germany.
2.2 The Website hosting provider is ATE, whose registered office is located at 21 Avenue de la Créativité, 59650 Villeneuve d’Ascq in France and telephone number is 00 33 3 28 800 300.
3. ACCEPTANCE AND MODIFICATION OF THE TERMS
3.1 These Terms govern the relationship between you, or more generally, the Users, and Kubota Baumaschinen.
3.2 Before using the Website and the services offered on it, Kubota Baumaschinen asks you to read these Terms as they describe your rights and obligations and those of Kubota Baumaschinen. These Terms will be incorporated into the contract with the User on the use of our Website and/or specific services, and govern your access to the Website, its use and the services offered on it. If the User does not wish to be bound by these Terms, he is not authorised to use the Website and the services offered on it and must immediately discontinue using them.
3.3 Kubota Baumaschinen reserves the right to change these Terms in accordance with applicable law. In case of a change, the new version of the Terms will be made available on the Website and the changes will be effective immediately after your acceptance of the new version of the Terms.
4. INTELLECTUAL PROPERTY
4.1 Unless otherwise expressly stipulated, Kubota Baumaschinen is the owner or licensee of the intellectual property rights over the Website, whether this concerns its general structure or an element of its content (including but not limited to: texts, slogans, graphics, images, photographs and other content).
4.2 Therefore, any representation, reproduction, modification, alteration and/or total or partial operation of the Website and/or an element of its content, by any means whatsoever and on any medium whatsoever (in particular by storing information on another medium), without Kubota Baumaschinen’s prior written express consent is prohibited, except where such use is expressly permitted under the exceptions provided for by statutory copyright law (e.g., in case of certain non-commercial uses).
4.3 In particular, brands, logos, corporate names, acronyms, trade names, signs, domain names, product and service names used on this Website (including, without limitation “Kubota” and “Kubota Baumaschinen”) constitute distinguishing marks or trade names of Kubota Baumaschinen or its trading partners that may not be used without the express prior written permission of their owner.
4.4 Any unauthorised operation, representation, total or partial reproduction of the Website and/or an element of its contents and/or distinguishing marks in violation of these Terms engages the criminal and civil liability of the User.
4.5 The User acknowledges that the Website consists of one or more databases made available by Kubota Baumaschinen in its capacity as producer of said databases within the meaning of applicable regulations. The User agrees not to conduct any direct or indirect, total or partial, qualitatively or quantitatively substantial extraction, use, storage, reproduction, representation or preservation of the content of one or more Kubota Baumaschinen database without the prior written permission of Kubota Baumaschinen. The User also agrees not to conduct the extraction or repeated and systematic reuse of qualitatively or quantitatively non-substantial parts of the content of one or more databases of Kubota Baumaschinen.
4.6 The hypertext links available on the Website, leading to other websites and generally towards any resources existing on the Internet, not adopted by Kubota Baumaschinen as its own content, do not engage the liability of Kubota Baumaschinen. These links are offered as a service and provided merely as a reference to third-party websites which may contain further information. However, all content on linked sites is within the sole responsibility of the party offering such content or the operator of the linked website. Kubota Baumaschinen expressly dissociates itself from any views or opinions expressed on these website which may not necessarily reflect the views of Kubota. Kubota Baumaschinen does not assume any liability for the content of these websites not adopted by Kubota Baumaschinen as its own content is not responsible for the availability of these websites and shall in no event be held liable for any loss or damage arising from the use of these websites. Access to the websites linked by the User is done at his own risk.
5. DATA PROTECTION & COOKIES
6. Kubota Baumaschinen’S LIMITATION OF LIABILITY
6.1 Kubota Baumaschinen is liable without limitation for damages in cases of intent or gross negligence.
6.2 Kubota Baumaschinen shall further be liable for damages caused by slight negligence that are due to a material breach of duty which endangers the achievement of the objective of the contract with the User, or to a failure to comply with duties the very discharge of which is an essential prerequisite for the proper performance of the contract and on the observance of which the User may rely. In these cases, the liability of Kubota Baumaschinen shall be limited to the damage which can be typically foreseen for such type of contracts. Any further liability of Kubota Baumaschinen in cases of slight negligence is excluded.
6.3 The above limitations of liability shall apply to all claims for damages, irrespective of their legal cause, except for claims for damages in the event of an injury to life, body or health, an explicit assumption of a guarantee (in which case the liability terms and limitation period under the guarantee, if any, shall apply), and a violation of the Product Liability Act.
6.4 To the extent that the liability of Kubota Baumaschinen is excluded or limited, this also applies for the personal liability of its employees, statutory representatives and agents.
7. Scope of Obligations & Responsibility of Kubota Baumaschinen.
Kubota Baumaschinen provides the Website and services with the scope as further specified below (and elsewhere in these Terms) and cannot accept any liability beyond the agreed scope of obligations and responsibilities:
(a) The Website and/or services may be temporarily unavailable due to technical or other issues. Users have no claim to permanent and uninterrupted availability to the Website and services and Kubota Baumaschinen is not responsible, and cannot accept liability, in case of unavailability of the Website and any service offered on the Website for reasons such as the shutdown of the public power grid, the failure of cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, including one of the Users, caused in particular by strikes, storms, earthquakes or any other cause having the characteristics of force majeure as interpreted by the courts;
(b) Kubota Baumaschinen accepts no liability if the Website content and any service accessible via the Website is used by a User in conditions that do not comply with these Terms;
(c) Kubota Baumaschinen cannot be held liable for any malfunction of any kind relating to the User’s hardware and her/his Internet connection when accessing the Website and or services offered on the Website.
7.2 The information on the Website does not constitute under any circumstances Kubota Baumaschinen’s commitment to a given level of guarantee, performance, availability or satisfaction of the displayed products.
7.3 Kubota Baumaschinen reserves the right to refuse all or part of the access to the Website or the services offered by the Website to any User for any reason, at any time and at its sole discretion. The User accepts that Kubota Baumaschinen may block the IP address or addresses of the User at any time, without notice and at its sole discretion to refuse the continued use of the Website by the User. Kubota Baumaschinen reserves the right to take any action it deems appropriate, at its sole discretion, against breaches of the Terms, and expressly reserves all rights and remedies available.
8. FORCE MAJEURE
The liability of Kubota Baumaschinen cannot be sought if the performance of one of its obligations is prevented or delayed by an event of force majeure as defined by the courts, including, but not limited to, natural disasters, fire, malfunction or interruption of the telecommunications network or the power grid, attack, strikes, or wars.
9. USER OBLIGATIONS
9.1 The User agrees to:
(a) Access the Website and related services in good faith in accordance with these Terms and only for personal use and not for commercial purposes;
(b) Not to try to damage, hack, reverse engineer or otherwise interfere (collectively, “Interfere”) with the Website in any manner whatsoever. If you Interfere in any way with the Website, you agree to pay all damages that Kubota Baumaschinen could incur;
(c) Not to access and/or use the Website and any service provided by the Website for illicit purposes and/or for the purpose of harming the reputation and image of Kubota Baumaschinen, or more generally to infringe the rights, including the intellectual property rights of Kubota Baumaschinen or any third party;
(d) Not to use any part of the Website and the services it offers, especially for commercial and/or personal purposes, in a form and/or a medium not expressly authorised by Kubota Baumaschinen;
(e) Not to market, directly or indirectly, the access to the Website and the services it offers;
(f) Not to reproduce or represent all or part of the Website for private purposes beyond the exceptions permitted by law, or for direct or indirect marketing in particular to third parties;
(g) Not to restrict the access to, or the use of the Website and/or services available via the Website;
(h) Not to change, including in the buffer or temporary memory, any notice or element of the content of the Website and/or services available via the Website;
(i) Not to contravene the legal provisions relating to “hacking;”
9.2 In the event of breach of one or more of these provisions, and without this list being exhaustive, the User acknowledges and accepts that Kubota Baumaschinen shall have the right to refuse, unilaterally and without prior notice, access to all or part of the Website.
10.1 Entire agreement – Titles
The Terms constitute the entire agreement between Kubota Baumaschinen and the User relating to the use of the Website and the services offered on it and supersede any agreement having the same purpose that may have existed previously between the User and Kubota Baumaschinen.
The failure of either party not to claim a breach by the other party to any of the obligations set forth herein shall not be construed in the future as a waiver of the obligation in question.
In case of difficulties in interpretation between any of the titles at the beginning of the clauses of these Terms and any of the clauses, the titles will be declared non-existent.
In the event that one or more provisions of the Terms would be considered null, deemed unwritten or declared as such pursuant to any law, regulation or following a decision of a competent jurisdiction having authority res judicata with no right of appeal, the other provisions shall remain in full force and effect and remain fully applicable.
10.3 Applicable law and dispute resolution
These Terms are governed by German law. In the event of a dispute regarding the application, interpretation, validity and implementation of the Terms, and failing amicable agreement between the parties, jurisdiction is given to the German courts