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Terms and conditions of use, August 2016

1. Validity

Use of the web pages (henceforth "SEW web pages") of SEW-EURODRIVE India Private Limited (henceforth "SEW") and/or its international subsidiaries is permitted only on the basis of these terms and conditions. The validity of these terms and conditions of use in their relevant form is considered to be accepted upon registration as per Item 2 or, if registration is not explicitly required, upon commencement of usage.

In individual cases, the terms and conditions of usage can be augmented, modified or replaced by other terms and conditions, i.e. for purchasing or selling products and/or services.

2. Registration

In the interests of security regarding legal issues, certain SEW web pages are password-protected and therefore accessible to registered users only. Certain SEW web pages require authorization and are therefore restricted to users with authorization from SEW. SEW expressly excludes users' claims to registration and/or authorization. SEW reserves the right to revoke access rights by blocking log-in data without providing any explanation, especially if the user submits incorrect information when registering or is no longer authorized to use password-protected and/or authorization-only SEW web pages, contravenes applicable legislation, or neglects his/her duty of care when handling log-in data.

The user is obliged to provide complete and accurate information when registering and immediately notify SEW of any subsequent changes to this information. The user registers by providing his/her name and e-mail address, and selecting a password. SEW then sends an e-mail containing an confirmation link to the e-mail address supplied by the user during registration. Access to password-protected pages is activated when the user clicks the confirmation link, thereby verifying that he/she is the owner of the e-mail address submitted during registration. The user takes care to ensure that he/she receives the e-mails sent to the provided e-mail address.

3. User's Rights and Obligations

If both parties have agreed to it, a simple, non-exclusive and non-transferable license will be issued for information and software SEW provides for downloading; if there is no agreement, downloading corresponds to the objective followed by SEW when preparing and permitting access to its information.

The user has no claim regarding access to source code when being provided with software. Exception: Source code of open source software whose licensing terms and conditions mandate access to source code, if they take priority over these terms and conditions. In such a case, SEW will provide access to the source code in return for refunded costs.

The user ensures that third parties have no access to information, software, documentation or to user data provided for the registration process. The user is not permitted to sell or rent to third parties information, software, documentation or user data, or provide these in any other manner. Unless otherwise permitted by mandatory legal regulations, the user may not modify the software or its documentation, undertake reverse engineering or a reverse translation, or take excerpts from it. The user may make a backup copy of the software if such a copy is necessary for future use as a backup on the basis of these terms and conditions of use.

The user assumes liability for all orders and other activities performed via his/her user data. If the user learns that third parties are making improper use of his/her user data, he/she is obliged to immediately notify SEW of this in writing (or provide advance notification via e-mail). After receiving this notification, SEW has the right to block access to the password-protected area linked to this user data.

The user may at any time demand in writing the deletion of his/her registration insofar as deletion does not conflict with the processing of current contractual matters In this situation, SEW will delete all of the user's user data and all other person-related data stored by SEW.

SEW reserves the right to block access to SEW web pages, especially if the user contravenes his/her obligations as described in these terms and conditions.

The following are prohibited to the user when using SEW web pages:

  • Inflicting damage on a person or infringing their personal rights;
  • infringing commercial protection rights, copyright or other ownership rights;
  • transmitting contents with viruses or other types of programming which can damage software;
  • acting contra bonos mores; or interfering with public order;
  • illicitly entering, storing or sending hyperlinks or contents, in particular if these hyperlinks and contents contravene confidentiality obligations or are illegal, or
  • sending spam e-mails, advertisements or incorrect warnings regarding viruses, errors or similar, or inviting to participation in sweepstakes, lotteries, games of chance, pyramid schemes, chain mails or similar activities or
  • -neither the user nor, to the user’s knowledge, there is, or there is likely to be a violation in any respect of any domestic or international laws relating to terrorism, sanctions or money laundering

4. Intellectual Property

The information, software, documentation, texts, images, charts, sound files, video files, animation files and other files (henceforth: "materials") on SEW web pages are subject to copyright protection in accordance with statutory provisions. SEW retains and reserves all rights to these materials and of all SEW’s web pages and any material provided there under, and all rights, title, and interest therein, including, without limitation, all patents, copyrights, trade secrets, trademarks and other proprietary rights. User acknowledges and agrees that SEW web pages, and any necessary software used in connection therewith ("Software") are proprietary and confidential and are protected by applicable intellectual property and other laws. Except as expressly authorized, user shall not modify, rent, lease, loan, sell, distribute or create derivative works based on SEW web pages or the Software, in whole or in part. You shall not claim or assert any right or title to SEW web pages and/or Software. .

Total or partial reproduction, dissemination, transferal, modification or use of SEW web pages (in electronic or other form) for public or commercial purposes is prohibited without advance permission by SEW. This also applies to brands and trademarks, nameplates and company logos which belong to SEW and its subsidiaries..

In addition to the rights expressly granted in these terms and conditions of use, SEW grants the user no other rights of any kind when providing materials and SEW web pages; this applies in particular to copyrights, company names, industrial property rights such as patents, utility patents, designs and brands. Nor is SEW obliged to concede such rights.

5. References and Links

SEW web pages contain links to other web pages as internet navigation tools only. Those other websites contain information created, published, maintained, or otherwise posted by persons or entities independent of SEW. SEW does not control those websites. SEW declares that linked web pages were free of illegal contents at the point in time when the link was created. SEW has no influence over the current and future design and contents of the linked and/or referenced web pages. In this respect, SEW can subsequently assume no liability for, damages of any kind arising out of use of, reference to, or reliance on such information or for the correctness, completeness or quality of these web pages' information or ensure that it is up to date; SEW hereby distances itself from all of the contents of any web page which is modified after a link is created. This declaration applies to all links from SEW web pages to external web pages and their contents..

6. Online Contents and Liability

SEW provides certain information and services on SEW web pages. SEW reserves the right to change, augment or delete parts or all of the SEW web pages without prior notification; SEW also reserves the right to suspend the availability of information either temporarily or completely..

SEW assumes no liability for the continuous availability of SEW web pages or the possible presence of viruses on them. For the safety of the user and of SEW web pages, the user is obliged to undertake the appropriate safety precautions before downloading materials.

If materials are provided free of charge via SEW web pages, no liability is assumed for defects as to quality or title. In particular, when it comes to information, software and documentation, SEW assumes no liability regarding correctness, accuracy, freedom from the copyright of third parties, completeness and/or right of use. This does not apply in the cases of willful misconduct or fraudulent intent.

The materials on SEW web pages can contain specifications or general descriptions of products' technical capacities which are not necessarily present in some specific cases. Product modification is such a case. The materials provided are non-binding and do not represent offers in legal terms. The products' desired performance characteristics are therefore to be agreed during purchase in specific cases..

7. Limitation of Liability

In no event shall SEW, it’s affiliates, subsidiaries, officers, directors, employees, or its suppliers be liable for any special, direct, indirect, punitive, incidental, exemplary or consequential damages, or other damages whatsoever relating to, arising out of or resulting from access to, the use or loss/inability of use of this secure portal website or any other website linked to this website, unauthorized access to or alteration of your transmissions or data, statement or conduct of any third party, any information contained on any SEW websites, any information, data or other material transmitted through or residing on any SEW websites, errors or omissions in the content hereof, or any other matter relating to your use of or access to SEW’s websites including, without limitation, lost business, data or profits. litigation and the like, whether based on breach of contract, tort (including negligence), product liability, or otherwise even if advised of the possibility of such damages. some state statues may apply regarding limitation of liability.

User hereby releases and forever waives and discharges any and all claims and liabilities you may have against SEW from any and all matters relating to users’ use of any SEW website.

The regulations described in item 6 do not constitute a shift in the burden of proof to the user's disadvantage.

8. Export Restrictions

The provision of particular information and services can, depending on their purpose or ultimate use, be subject to authorization or be entirely prohibited, due to EU export regulations, export regulations of EU member states and/or export regulations of the USA. Access to and forwarding of the materials provided by SEW web pages is permitted only if the user ensures compliance with the export regulations. If not, SEW reserves the right to deny access to SEW web pages and their contents.

9. Suspension

In the event of any of the following, SEW may suspend the use of all, or a part of the information or services, (1) When performing maintenance of telecommunication facilities or when any work involving telecommunication facilities of SEW is unavoidable, (2) When suspension is necessary due to user including failure or maintenance of user’s application, hardware, data, etc. (3) When it becomes difficult to continue to provide information and services due to reasons caused by a third party, (4) When a force majeure event or any other emergency event occurs or may occur, (5) When the suspension of all or a part of information and services is necessary in order for SEW to protect the equipment of SEW from acts of unauthorized computer access, (6) When SEW judges that the suspension of all or a part of information and services is desirable based on objective and reasonable reasons.

TIn case SEW shall suspend the usage of information and services, subject to the above, SEW shall notify users in advance of such suspension in the way specified by SEW except in case of emergency, where SEW may suspend information and services without notice to the users.

9. Changes to these Terms

SEW reserves the right to make changes to these terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality. Therefore the User must look at the Terms regularly to check for such changes. If you do not agree to the Modified Terms you must stop using or accessing the web pages. Your continued use after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

10. Final Provisions

Supplementary agreements must be in writing. If individual formulations or parts of this text do not, no longer or not entirely comply with the valid legal regulations, the contents and validity of the remaining parts of the document remain unaffected.

Any and all disputes out of or in connection with these terms and conditions shall be subject to the sole exclusive jurisdiction of the Vadodara District Court. Indian law applies, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG).