By
using the Site, you are deemed to have accepted these terms of use.
This page is the general terms of use which apply to all of the
websites
operated by Ideal Standard International MV. Please read these terms
and
conditions carefully.
Important
Legal Notice
Attention:
This important legal notice
applies to all of the websites, applications or Apps operated by Ideal
Standard
Group which headquarter is at Ideal Standard International NV,
trademark owner
of IDEAL STANDARD, ARMITAGE SHANKS, PORCHER, VIDIMA AND JADO, (referred
to in
this important legal notice as "Ideal Standard",
"we","our" and "us") and to any correspondence by
email between us and you (“sites or Sites”). Any references to "you"
or "your" are to you the user. Please read these terms carefully
before using any of the sites. Using any of the sites indicates that
you accept
these terms. Your use of particular sites or services may be subject to
additional terms set out elsewhere on the sites. Your use of those
particular
sites and services indicates that you accept those additional terms.
1.
Introduction
1.1
By
accessing any part of the Sites, you
shall be deemed to have accepted this legal notice in full. If you do
not
accept this legal notice in full, you must leave, delete, uninstall or
cease to
use the Sites immediately.
1.2
Ideal
Standard may revise this legal
notice at any time by updating this posting. You should check the
"Important Legal Notice" link on the Sites from time to time to
review our current legal notice because it is binding on you. Certain
provisions
of this legal notice may be supplemented or superseded by expressly
designated
legal notices or terms located on particular pages of the Sites.
2.
Licence
2.1
You
are permitted to print, read, view
and download extracts from the Sites only for personal, non-commercial
use on
the following basis:
2.1.1
no
documents, data or related graphics
on the Sites are modified in any way;
2.1.2
no
graphics on the Sites are used
separately from accompanying text; and
2.1.3
the
Ideal Standard copyright notice
(currently: © 2021 Ideal Standard. All rights reserved.) appears in all
copies
together with any additional copyright notices appearing on the Site
which is
the source of the copy.
2.2
Unless
otherwise stated, the copyright
and other intellectual property rights in all material on the Sites
(including
without limitation trade marks, logos, brands, trading names,
photographs ,
graphic images and data), are owned by Ideal Standard or its licensors.
For the
purposes of this legal notice, any use of extracts or material from the
Sites
other than in accordance with paragraph 2.1 above for any purpose is
prohibited. If you breach any of the terms in this legal notice, your
permission to use the Sites automatically terminates and you must
immediately
destroy any downloaded or printed extracts from the Sites and delete,
uninstall
or cease to use the Site.
2.3
Subject
to paragraph 2.1, no part of
the Sites (including html code, CGI inerfaces, product photographs and
screen
designs) may be reproduced, transferred, adapted, distributed,
incorporated or
stored in any other sites, website or included in any public or private
electronic retrieval system or service without Ideal Standard’s prior
written
permission.
2.4
Any
rights not expressly granted in
these terms are reserved.
3.
Service Access
3.1
Whilst
Ideal Standard endeavours to
ensure that the Sites are normally available 24 hours a day, Ideal
Standard
will not be liable if for any reason all or any part of the Sites are
unavailable at any time or for any period.
3.2
Access
to all or any part of the Sites
may be suspended temporarily and without notice in the case of system
failure,
maintenance or repair or for reasons beyond Ideal Standard’s
control.
3.3
If
you have been assigned a login ID
and password for access to restricted sections of the Sites, you are
responsible for all activities executed under your login ID and
password and
are the only one who may use it. To meet this responsibility, you agree
to keep
your login ID and password confidential. Allowing another person to use
your
login ID and passwords, using a login ID and password assigned to
another
person, or attempting to gain access to resources for which you are not
authorised is a serious breach of these terms.
3.4
The
information held on the restricted
areas of the Sites is CONFIDENTIAL and PRIVATE
PROPERTY. Access to such information is only authorised for
authorised
users of the restricted areas of the Sites accessing information in
accordance
with these terms and conditions. Unauthorised access may incur criminal
penalties and damages. YOU ARE ONLY PERMITTED ACCESS TO
RESTRICTED
SECTIONS OF THE SITES IF YOU ARE AN AUTHORISED USER
4.
Visitor Material
and Conduct
4.1
Your
personal information is deemed to
be collected under clauses 3 of our Privacy Policy, available at the
respective
local sites which you may access via https://shop.idealstandard.com/privacy.
Other than such personal information which is covered under the said
Privacy
Policy, any material you transmit or post to the Sites will be
considered
non-confidential and non-proprietary. Ideal Standard will have no
obligations with respect to such material. Ideal Standard and its
designees will be free to copy, disclose, distribute, incorporate and
otherwise
use such material and all data, images, sounds, text, and other things
embodied
there in for any and all commercial or non-commercial purposes.
4.2
You
are prohibited from posting or
transmitting to or from any of the Sites any material:
4.2.1
that
is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive, liable
to
incite racial hatred, discriminatory, menacing, scandalous,
inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may
cause
annoyance or inconvenience; or
4.2.2
for
which you have not obtained all
necessary licences and/or approvals; or
4.2.3
constitutes
or encourages conduct that
would be considered a criminal offence, give rise to civil liability,
or
otherwise be contrary to the law of, or infringe the rights of any
third party
enforceable in any other country in the world; or
4.2.4
which
is technically harmful
(including, without limitation, computer viruses, logic bombs, Trojan
horses,
worms, harmful components, corrupted data or other malicious software
or
harmful data).
4.3
You
may not misuse the Sites
(including, without limitation, by hacking).
4.4
Ideal
Standard will fully cooperate
with any law enforcement authorities or court order requesting or
directing
Ideal Standard to disclose the identity or locate anyone posting any
material
in breach of paragraph 4.2 or 4.3.
5.
Links To and From
Other Sites
5.1
Links
to third party websites on the
Sites are provided solely for your convenience. If you use these links,
you
leave the Sites. Ideal Standard has not reviewed all of these
third party
websites and does not control and is not responsible for these websites
or
their content. Thus, Ideal Standard does not endorse or make any
representations about them, or any material found there, or any results
that
may be obtained from using them. If you decide to access any of the
third party
websites linked to the Sites, you do so entirely at your own risk.
5.2
If
you would like to link to the Sites,
you may only do so on the basis that you link to, but do not
replicate,
one or more of the home pages of the Sites and subject to the following
conditions:
5.2.1
You do
not remove, distort or
otherwise alter the size or appearance of the brands and logos
appearing on the
Sites
5.2.2
You
do not create a frame or any other
browser or border environment around the Sites:
5.2.3
You
do not in anyway imply that Ideal
Standard is endorsing any products or services other than its own;
5.2.4
You
do not misrepresent your
relationship with Ideal Standard nor present any other false
information about
Ideal Standard;
5.2.5
You
do not otherwise use any Ideal
Standard trade marks displayed on any of the Sites without express
written
permission from Ideal Standard; and
5.2.6
Your
website does not contain content
that is distasteful, offensive or controversial, infringes any
intellectual
property rights or other rights of any other person or otherwise does
not comply
with all applicable laws and regulations.
5.3
Ideal
Standard expressly reserves the
right to revoke the right granted in paragraph 5.2 for breach of these
terms
and take any action it deems appropriate.
5.4
You
shall fully indemnify Ideal
Standard for any loss or damage suffered by Ideal Standard or any of
its group
companies for breach of paragraph 5.2.
6.
Disclaimer
6.1
Whilst
Ideal Standard endeavours to
ensure that the information and documentation on the Sites (hereinafter
jointly
referred to as the “material”) including, but not limited to, any CAD
drawings,
files, plans, CAD related information and other specifications
provided, is
correct, Ideal Standard makes no representations or warranties of any
kind,
express or implied, about the accuracy, completeness, reliability,
suitability
or availability of the material on the Sites. Ideal Standard may
make
changes to the material on the Sites, or to the products described, at
any time
without notice. The material on the Sites may be out of date, and Ideal
Standard makes no commitment to update the material on the Sites.
6.2
The
material provided on the Sites is
provided "as is" without any conditions, warranties or other terms of
any kind. Accordingly, to the maximum extent permitted by law, Ideal
Standard provides
you with the Sites on the basis that Ideal Standard excludes all
representations, warranties, conditions and other terms including,
without
limitation, those described in paragraphs 6.2.1 to 6.2.3 inclusive
below:
6.2.1
As
to satisfactory quality, fitness for
purpose and the use of reasonable care and skill.
6.2.2
As
to the non-infringement of any third
party's intellectual property rights of any content published or made
available
through the Sites.
6.2.3
As
to any server or other software or
hardware that makes the Sites available being free of viruses or other
disruptive code which may infect, harm or cause damage to your computer
equipment or any other property when you access, browse, download from
or
otherwise use the Sites.
6.3
In
view of paragraphs 6.1 and 6.2, any
reliance placed on the material is strictly at the risk of the party
making use
of the drawings and you shall have the obligation to verify all
material
provided by Ideal Standard. Without prejudice to paragraph 7, in
no event
will Ideal Standard be liable for any loss or damage including without
limitation, indirect or consequential loss or damage, or any loss or
damage
whatsoever arising from loss of data or profits arising out of, or in
connection with, your use of the material.
7.
Liability
7.1
Ideal
Standard, any other party
(whether or not involved in creating, producing, maintaining or
delivering this
Site), and any of Ideal Standard’s group companies and the officers,
directors,
employees, shareholders or agents of any of them exclude all liability
and
responsibility for any amount or kind of loss or damage that may result
to you
or a third party (including without limitation, any direct, indirect,
punitive
or consequential loss or damages or any loss of income, profits,
goodwill, data,
contracts, use of money, or loss or damages arising from or connected
in any
way to business interruption and whether in tort (including without
limitation
negligence), contract or otherwise in connection with the Sites in any
way or
in connection with the use, inability to use, or the results of use of
the
Sites, any sites linked to the Sites, or the material on such sites
including
but not limited to loss or damage due to viruses that may infect your
computer
equipment, software, data or other property on account of your access
to, use
of, or browsing the Sites or your downloading of any material from the
Sites or
any sites linked to this Sites.
7.2
To
the extent that it is not possible
under applicable law to exclude liability as described in paragraph
7.1, then
in no event shall the aggregate liability of Ideal Standard, any other
party
(whether or not involved in creating, producing, maintaining or
delivering this
Site), any of Ideal Standard's group companies and the officers,
directors,
employees, shareholders or agents of any of them, exceed 1000€ (one
thousand
euros).
7.3
Nothing
in this legal notice shall
exclude or limit Ideal Standard’s liability (i) for death or personal
injury
caused by Ideal Standard's negligence; (ii) for fraud and intent; or
(iii) for
any liability to the extent the same cannot be excluded or limited
under
applicable law.
7.4
If
your use of material on the Sites
results in the need for servicing, repair or correction of equipment,
software
or data, you assume all costs thereof.
8.
Severability
8.1
Each
provision of this legal notice is
severable and distinct from the others. If any provision is or at
any
time becomes to any extent invalid, illegal or unenforceable under any
enactment or rule of law, it shall to that extent be deemed not to form
part of
this legal notice, but (except to that extent in the case of that
provision) it
and all other provisions of this legal notice shall continue in full
force and
effect and their validity, legality and enforceability shall not be
affected or
impaired as a result.
9.
Termination
9.1
We
will be entitled to immediately
terminate your use of all or any part of the Sites if we consider that
you have
failed to comply with any of these terms and conditions.
10.
General
10.1
Our
failure to exercise or enforce any
rights or provision of these terms shall not constitute a waiver of
such right
or provision unless acknowledged and agreed by us in writing. You are
not
entitled to assign all or any of your rights or obligations under these
terms.
The section titles in these terms and conditions are solely used for
your and
our convenience and have no legal or contractual significance.
11.
Governing Law and
Jurisdiction
11.1
This
legal notice shall be governed by
and construed in accordance with Belgian law. Disputes arising in
connection with this legal notice shall be subject to the exclusive
jurisdiction of the commercial courts of Brussels.