Last modified: 16/02/2022
If we need to contact You, we will do so by telephone or by writing to the email address or postal address provided by You (in the order).
1. Use of the Application 2. End User license 3. Intellectual Property Rights. 4. Warranty Disclaimer 5. Limitation of Liability 6. Linking 7. Data Protection 8. About cookies 9. Choice of law 10. Severability 11. Contact Information 12. If applicable
1. Use of the Application
Access to the Application
You might need to register prior to receiving access to the Application by creating an account. The access to this Application might be on invitation only from the Company. In case You have a business, i.e. non-private account, the access to the Application might be linked to Your professional occupation as an employee or as a representative of a company selling our products. You will provide the Company with true and correct (contact) information and You will keep this information up to date, to ensure that the Company always has correct information in connection with Your account. Company has the right to block access after receipt of a notification regarding changes to Your professional occupation from Your employer or principal.
You are responsible for all activities that occur related to Your account; You should take the necessary measures against any abuse or misuse. If You suspect that Your account may have been compromised, You should notify the Company immediately and terminate Your account.
After termination of Your account, You will discontinue immediately all use of the Application.
All information, materials, data and electronic files of any kind whatsoever contained and posted on this Application or information related to the Application sent by the Company to You via electronic communications (“Company Content”) are provided by the Company for informational purposes only.
If applicable, You are able to upload, store, submit information/electronic files in the Application (“User Content”).
The Company reserves the right to edit or remove any User Content that is uploaded in the Application, either stored on servers or that is hosted or published in the Application.
To the extent permitted by applicable law, the Company shall not be liable for any loss of or any damage to the User Content (in full or partly).
When using the Application, You will refrain yourself from any act that might be considered as improper or illegitimate. You will not upload any information in the Application that is unlawful or illegal, that infringes upon any third party's legal rights and/or that can give rise to legal actions against You, against the Company or against any third party (in each case under any applicable law).
2. End-user license
Some Applications allow You to download client software (“Software”) which may be updated by the Company automatically. You receive a limited, non-exclusive, non-transferable, revocable royalty free, fully paid-up, non-sublicensable license to use the Software, limited to the scope of the Application.
3. Intellectual Property Rights:
Your use of the Application cannot be constructed as granting any license or right to use the Company Content of this Application, to use the trademarks, logos and product names appearing in the Application that belong to the Company or to other right holders (collectively, “Trademarks”). Use of Trademarks without written authorization from the owner is prohibited.
The Application and/or the Company Content, including but not limited to text, photographs, images, software, music, audio video clips and any other copyright protected material belongs to the Company. Duplication, public transmission, distribution, modification, deletion, without the authorization of the Company is prohibited under copyright law except for specific use that is permitted under the applicable copyright legislation.
4. Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WARRANTS THE COMPANY THAT THE APPLICATION IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), FOR USER CONTENT OR DEVICES, FOR COMPANY CONTENT AND THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS.
NO ADVICE OR INFORMATION OBTAINED BY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY ON BEHALF OF THE COMPANY.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
5. Limitation of Liability
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION AND, IF APPLICABLE, UNINSTALL THE SOFTWARE. YOU AGREE THAT THE COMPANY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO THE COMPANY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL THE COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR:
(1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES ; (2) ANY: (A) LOSS OF USE; (B) LOSS OF USER CONTENT; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, (F) DAMAGES IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, DEVICES, THIRD PARTY APPLICATIONS, THIRD PARTY APPLICATION CONTENT, COMPANY CONTENT OR USER CONTENT; (3) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND THE COMPANY’S REASONABLE CONTROL.
Nothing in the Agreements limits the Company’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence or wilful misconduct.
Furthermore, if You are a private user this provision n.5 does not affect the mandatory regulations of Your country of residence, when these prohibit in full or in part the limitations of liability indicated above. In the event that these provisions are applicable, the limitations of liability indicated above will have no effect and further rights may be recognized to You as private user.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
To a third-party website
This Application might contain links to third-party websites over which the Company has no control. The Company makes no representation whatsoever about any third-party website which You may have access to through this Application. The inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or any use of such third-party websites.
To a website of the Company
You may link to a website of the Company on condition that it is clearly mentioned that the visitors will be redirected to a website of the Company when using the link. The link may not be misleading and may not create the impression that the website of the Company or parts of it are part of another website. For example, framing, deep linking or inline linking to a website of the Company is not allowed without the prior written permission of the Company.
You can apply for permission via this form.
Except in case of prior written approval by the Company, no links to a website of the Company may appear on any page of Your website.
7. Data Protection
The Company aims to process Your personal data in a lawful, appropriate and transparent manner, and in compliance with applicable laws.
We encourage You to read our Data Protection Policy which details, among other things, what personal data we process about You and for what purposes. It also summarizes what Your rights are when it comes to this data. By using the Application, You acknowledge that the Company processes Your personal data in accordance with our Data Protection Policy.
8. About cookies
9. Choice of Law
If the dispute is not resolved amicably within the period contemplated above, either party shall be entitled to refer the dispute to arbitration on written notice to the other party. The parties may agree on the arbitration procedure and on the arbitrator and, failing agreement within 5 (five) business days of the written notice referring the dispute to arbitration, the arbitration shall be conducted in accordance with the [UNCITRAL Arbitration Rules] in force at the time of the dispute. The appointing authority in terms of the [UNCITRAL Arbitration Rules] shall be the [Association of Arbitrators (Southern Africa)].
Unless agreed otherwise in writing by the parties, the arbitration shall be administered by the parties and the number of arbitrators shall be 1 (one). The place of the arbitration shall be [Sandton, Johannesburg]. The governing procedural law of the arbitration shall be the law of [South Africa]. The arbitrator shall have the same remedial powers as a court of law in [South Africa] would have, were it adjudicating the dispute. The arbitrator shall deliver an award together with written reasons within 20 (twenty) business days from the date upon which the arbitration ends. The decision of the arbitrator shall be final and binding.
Nothing shall preclude a party from seeking interim or urgent relief from a court of competent jurisdiction.
14. Entire Agreement
15. Contact information
For questions, comments or feedback please contact us: Daikin Europe N.V., Zandvoordestraat 300, 8400 Oostende, Belgium with company number: 0412.120.336