WEB-SITE ACCESS AND USE CONDITIONS
The present Web-Site Access and Use Conditions (hereinafter referred to as the Conditions) are mandatory for all Users (as is defined below).
1. TERMS AND DEFINITIONS
The terms given below are used in the present Conditions and have the following meanings:
1.1 SEW-EURODRIVE The following individuals/entities both together and separately:
1) SEW-EURODRIVE GmbH & Co KG Company;
3) Subsidiaries, affiliates and branches of SEW-EURODRIVE GmbH & Co KG, Owner;
4) Other legal entities-members of the SEW-EURODRIVE group of companies, based on the decision made by SEW-EURODRIVE GmbH & Co KG Company;
1.2 Web-pages Internet-resources: www.sew-eurodrive.kz, including all its sections, sub-sections, pages and other structural parts.
1.3 Owner SEW-EURODRIVE LLP - legal entity registered in the Republic of Kazakhstan, BIN 090740014308.
1.4 Intellectual Property Domain name; web-page design; web-pages as a composite product; codes contained in the user interface and structure of web-page; all Materials including, among other things, documentation, images, copyright objects, related right object; trademarks, business names, trade names, logos, service marks, inventions, useful models, industrial designs, patents, trade secrets, nameplate, name and design of goods, other intellectual property presented on the web-pages; software of web-pages.
1.5 Materials Web-page content including all and any information and materials posted on the web-pages in any form (including graphic, text, audio and/or video, or any other), documentation, graphs, audio files, video files, animation files, other files, podcasts, data contained in RSS and Atom-channels (lines) and files.
1.6 USER Irrespective of presence or absence of registration at web-pages, any visitor of web-pages, any individual/entity using functions of the web-pages or getting familiarized with the Materials or entering data into form fields on the web-pages or laying claim to access to web-pages or materials.
1.7 Consent to the Use of Data Consent to collection and processing of personal data and other information within the scope and under conditions, posted on the web-pages located at the following address - https://www.sew-eurodrive.kz/meta-pages/data_protection_information.html.
1.8 Intended Use Familiarization for non-commercial purposes (his/her own or an organization represented by the User) with the Materials posted on the web-pages and usage of the functions available on the web-pages under condition of a legal access right of the User to the corresponding part of the web-pages and compliance with established prohibitions and restrictions.
2. GENERAL CONDITIONS
2.1 The Owner is the owner and legal possessor of the web-pages.
2.2 Certain Materials and intellectual property objects may belong to SEW-EURODRIVE (of any one or several companies).
2.3 Conditions determined by the Owner in accordance with the current legislation of the Republic of Kazakhstan (including legislation on informatization, intellectual property protection and laws on personal data and its protection).
2.4 Conditions are mandatory for all Users.
2.5 The Owner shall have the right to reconsider, alter or supplement Conditions and text of the Consent to the use of data by publication data update. These updates come into effect immediately and are mandatory for the User. The Owner shall not notify the Users about update (amendment and supplementation) of Conditions and Consent to the use of data.
2.6 New version of the Conditions since the moment of its posting on the web-pages shall replace the previous one.
2.7 Upon each visit of the web-pages, the User shall familiarize him/herself with the current version of the Conditions and Consent to the use of data.
2.8 The User shall immediately terminate the use of the web-pages if the User disagrees with the Conditions or provisions of the Consent to the use of data.
2.9 By his/her visit of the web-pages, the User confirms without any restrictions and reservations that:
2.9.1. he/she has carefully and in full scope familiarized him/herself with the Conditions and Consent to the use of data and that he understood and accepted those in full scope and extent;
2.9.2. he/she has given his/her Consent to the use of data;
2.9.3. he/she has undertaken the obligations resulting from the Conditions and the Consent to the use of the data.
2.10 Individuals/entities that disagree with the Conditions and (or) Consent to the use of the data, are prohibited to access the web-pages, to get familiarized with the Materials, to enter data in the form fields on the web-pages, to send messages from the web-pages and to use functions available on the web-page.
3. REGISTRATION AND AUTHORIZATION
3.1 For the purpose of safety and with due account for legal aspects, certain parts of the web-pages are protected by password and access thereto is restricted. Access to those parts of the web-pages is allowed to the registered users only.
3.2 In certain events, provided for by the Owner, the user shall undergo authorization and registration procedure upon web-pages usage.
3.3 The Owner shall have the right to refuse access to the web-pages by means of data locking without any explanations, if, among other things:
3.3.1. The User provides incorrect information upon registration; or
3.3.2. The User is not authorized anymore to use the web-pages protected by password and/or accessible only by the duly authorized users; or
3.3.3. The User violates current legislation or neglects his/her obligation to exercise caution in relation with the User’s data;
3.3.4. In other events at the discretion of the Owner.
3.4 Upon registration, the User shall provide complete and reliable data. In the event of any change in the User’s data, he/she shall immediately notify the Owner.
3.5 The User shall log in by means of entering his/her login and e-mail address and password. After that, the Owner or SEW-EURODRIVE shall send a message containing a link for registration confirmation to the e-mail address specified by the User upon registration. Access to the pages protected by the password shall be activated upon clicking by the User on the link for confirmation of registration thus confirming that he/she is the owner of an e-mail address specified during the registration process. The User shall make sure that he/she receives e-mail messages sent to the specified e-mail address.
3.6 If it comes to knowledge of the User that any individual/entity misapplies his/her personal data, he/she shall immediately notify the Owner about the fact in writing (or to send a preliminary message via e-mail). Upon receipt of the given notification, the Owner and SEW-EURODRIVE shall have the right to lock any access to the web-page part protected by password and connected with the User’s data.
3.7 The User shall have the right to demand registration deletion at any moment in written form unless this is prohibited by the current contractual relations. Upon receipt of the given demand, registration of the User at the web-pages will be deleted and access to the web-pages will be blocked for the User. Nevertheless, SEW-EURODRIVE will have the right to keep the personal data of the User in the events and for the purposes provided for by the Consent to the use of the data.
4. INTELLECTUAL PROPERTY
4.1 Web-pages and intellectual property are the copyright protection objects and those of other intellectual property rights both in the Republic of Kazakhstan and abroad, including Germany. Clause 69A and Germany copyright law (“Urheberrechtsgesetz”) shall be applied along with other applicable provisions of current legislation.
4.2 All exclusive property and other rights to the web-pages and intellectual property belong to the Owner, SEW-EURODRIVE Company and/or other right holders (if applicable). The User shall respect the given rights and shall not allow its violation.
4.3 The User shall be provided with intended use right only. Any other use of the web-pages, materials and intellectual property is prohibited.
4.4 Except for the intended use, SEW-EURODRIVE provides the User with no other rights whatsoever.
4.5 In all events of the permitted intended use, the User shall specify the authors of the materials.
4.6 Without written permission of SEW-EURODRIVE and (or) any other right holder, the following is prohibited: materials quotation, use (including, among other things, complete or partial reproduction, distribution, transfer, publication, public notification), reference to any materials, translation, processing and other actions in respect of the web-page, materials (in electronic or any other form) for public, commercial or any other purposes. This is also true for any objects of intellectual property.
4.7 Any intended and unintended actions in respect of the web-pages, hard- and software and web-page informatization objects, intellectual property and materials not authorized by the Owner is prohibited. Among other things, alteration, modification, copying, duplicating, blocking, destruction, moving, web-pages and materials integrity and safety violation is prohibited and prosecuted under law.
4.8 Collection and processing by the User of the personal data posted on the web-pages (save for the use of contact data for feedback) is not allowed.
4.9 Any message or material provided by the User to the Owner, SEW-EURODRIVE, via e-mail or web-page or in any other way, including any data, information, questions, comments, suggestions or any similar things whatsoever shall not be confidential save for the events provided for by a separate written contract between the User and the Owner.
4.10 Everything transferred and published by the User may be used by the Owner, SEW-EURODRIVE for any purpose, including, among other things, reproduction, disclosure, transfer, publication, distribution, provision, public announcement, public presentation, execution, translation, processing, alteration, copying, transfer and publication. Moreover, the Owner and SEW-EURODRIVE shall have the right to use any ideas, concepts, know-how and technologies contained in any message sent by the User for any purpose whatsoever, including, among other things, development, production, marketing and sales of products using such ideas, concepts, know-how and technologies.
5. EXPORT RESTRICTIONS
5.1 Export of certain information and services (due to intended use or point) may require authorization in connection with the export rules of EC, EC members and/or export rules of the USA.
5.2 Access to materials posted on the web-pages is allowed only if the User guarantees observance of the export rules (in addition to other restrictions). If other rules are not observed, SEW-EURODRIVE reserves the right to refuse access to the web-pages and materials.
6. RIGHTS AND OBLIGATIONS OF THE USER
6.1 In the course of registration and authorization, the User shall act personally and shall use only his/her actual data; the User shall not have the right to use the data of other individuals.
6.2 The User shall not have the right to other individuals/entities passwords and conditions for authorization, entry to the web-pages of restricted use and shall not have the right to provide other individuals with an opportunity of the web-pages and materials usage on behalf of the User.
6.3 The User guarantees that no other individuals/entities save for him/herself shall have access to passwords, information, software, documents and to the User data provided for in the course of registration and authorization at the web-pages.
6.4 The User is not allowed to sell or rent out to any individuals/entities information, software, documents or User data or to provide thereof in any other way.
6.5 The User is not allowed to make any copies, to modify, to change software or its documentation and to compile or dismantle or disassemble into the component codes related to the web-pages.
6.6 The User shall not have any claims to access to the source code subject to the presence of the duly authorized access to the software. These conditions are not applied to the source code of the software with an open source code, the conditions of licensing thereof have priority over the given Conditions. In this particular case, SEW-EURODRIVE will ensure, as far as possible and reasonable, access to the source code without compensation of any costs of the User.
6.7 The User undertakes responsibility for all actions that are carried out using his/her user data.
6.8 The User is prohibited to:
6.8.1. cause harm to all individuals/entities or to violate their personal rights;
6.8.2. violate the intellectual property rights and other proprietary and non-proprietary rights;
6.8.3. upload any content containing viruses or any other software programs that may damage the software;
6.8.4. violate the public morality rules and standards;
6.8.5. transfer, keep and load hyperlinks or content, that the user does not have the right to view, in particular, in the events, when such hyperlinks or their content violate confidentiality obligations or are illegal;
6.8.6. distribute advertising or spontaneous messages via e-mails (so-called SPAM), unreliable notifications about viruses, defects and similar materials;
6.8.7. impose or request participation in any lotteries, economic bubbles, letters sending to other addressees, frauds or similar activities;
6.8.8. to post on the web-pages, to send to the Owner, SEW-EURODRIVE illegal, offensive, advertising, threatening, slanderous, discredit, obscene, reprehensible, incendiary, X-rated, blasphemous materials and data as well as the materials that may provoke behavior that will be considered as criminal or administrative offense and lead to civil responsibility or any other violations of legislation.
6.9 The Owner and SEW-EURODRIVE reserve the right to block access to the web-pages for the User at any time and on any grounds without explanation of reasons including the event of violation by the User of his/her obligations provided for by the Conditions.
7. REFERENCE DOCUMENTS AND LINKS
7.1 Web-pages contain links to other internet resources. The Owner herewith declares that the connected internet resources, in the opinion of the Owners, do not contain illegal content at the moment of the link creation. At the same time, the Owner cannot verify the quality, reliability, completeness and validity of information posted on such web-resources. Therefore, the User can visit these internet-resources at his/her own peril and risk.
7.2 SEW-EURODRIVE does not bear responsibility for the current and future execution and content of connected and/or reference internet-resources and for their confidentiality policy. In connection with the above, SEW-EURODRIVE cannot undertake responsibility for legality, correctness, reliability, completeness or quality of provided information posted on these internet-resources or guarantee that such information has been updated upon creation of links to such internet-resources or thereafter. SEW-EURODRIVE cannot also guarantee that browsing of such internet-resources is safe.
7.3 SEW-EURODRIVE disassociates itself from the content of such third-party internet-resources save for the Web-pages. This statement applies to all links starting from the Web-pages and ending with the internal internet-resources and their content.
8. EXCLUSION OF OBLIGATIONS AND RESPONSIBILITY
8.1 Materials have been posted on the Web-pages “as is” without any guarantees and obligations on the part of the Owner and SEW-EURODRIVE.
8.2 Neither the Owner, nor SEW-EURODRIVE or any other party involved in development, hosting or presentation of the Web-pages have any responsibility to the User and make to the User no promises in connection with the Web-pages and Materials and bear no responsibility for any loss, damage, lost opportunity in connection with Web-pages and (or) materials.
8.3 The Owner and SEW-EURODRIVE shall have the right at any time and without any preliminary notification to change, supplement and delete Web-pages, Materials, completely or in any part, to suspend or block access thereto.
8.4 The Owner and SEW-EURODRIVE neither guarantee nor promise anytime access to the Web-page and Materials.
8.5 Since the Materials are provided free of charge via the Web-pages, neither the Owner nor SEW-EURODRIVE give any guarantees and do not have any liabilities in respect of the Materials. Any responsibility of the Owner and SEW-EURODRIVE for shortcomings in quality of information or legal right thereto is excluded especially in relation to its correctness or any other shortcomings, claims or third party rights or in respect of completeness and/or fitness to the intended use save for the events of intended abusive actions or fraud.
8.6 Materials may content specifications or general description related to technical capabilities of certain products that in certain events may be inaccessible (e.g. due to the changes made in the product). The Materials are not mandatory and are not commercial proposals, offers of proposal to conclude contracts in legal sense. Similarly, applications and other communication on the part of the User sent through the functionality of the Web-pages are not and cannot be considered as an offer or proposal to conclude an agreement. Correspondingly, necessary performance characteristics of the products as well as other conditions of supply or any agreements shall be agreed upon individually in the event of every separate purchase.
8.7 Web-pages do not contain any proposals (offers) on conclusion of any contracts or transactions in respect of the products, about which information is available at the Web-pages. Any Materials on any products do not mean suggestion or a promise on the part of the Owner or SEW-EURODRIVE on sale or any other transfer of the given products.
8.8 The Owner shall have the right to post advertising on the Web-pages. The User herewith agrees with the fact that the Owner does not bear any responsibility and does not have any liabilities in respect of such advertising.
8.9 The Owner reserves the right to delete and not to publish any comments and messages of the Users on the Web-pages.
8.10 The Owner and SEW-EURODRIVE do not bear responsibility for any possible presence of viruses on the Web-pages or in the Materials. The User shall take the corresponding security measures prior to uploading the Materials for the purpose of safety of the User and Web-pages.
9.1 Herewith, the User is notified on passive collection of information about him/her as is specified in the Consent to the use of the data.
9.2 If any of the present Conditions becomes illegal, invalid or unenforceable in any way by authority of law, the other Conditions shall remain in full force and effect.
9.3 The present Conditions shall be governed and interpreted in accordance with the current legislation of the Republic of Kazakhstan and with the applicable provisions of foreign legislations as regards Intellectual Property rights. Disputes arising in connection with the Conditions shall be settled by a competent court of justice at the location of the Owner in Almaty, Republic of Kazakhstan. Prior to commencement of action, a complainant shall send his/her/its claim with enclosed supplying documents, Complaints shall be sent in electronic form to the e-mail addresses and as hard copies to the mail addresses of the Owner. Claim consideration period cannot be less than 45 (forty-five) working days unless any other period is provided for by applicable laws of the Republic of Kazakhstan.
9.4 In the event of violation of the Conditions, the Owner and SEW-EURODRIVE shall have the right to require of the User or any other individuals/entities payment of damages and compensations and to carry out any other actions for protection of violated rights and bringing of offenders to responsibility in accordance with applicable right
Date of the present document posting on the web-pages: 08/2020.