TERMS AND CONDITIONS OF USE OF HYVA WEBSITES
The following Terms apply to the use of this Site and related services. By accessing or using the Site, User is agreeing to these Terms and entering into a legally binding contract with Hyva. User is requested to read them carefully before User uses the services of this Site.
- Definitions. The term Terms shall refer to the terms and conditions of use of the Site and related services. The term User shall refer to the user who accesses, browses the Site or uses any service of the Site. The term Hyva shall refer to Hyva Holding B.V. and its subsidiaries where so indicated. The term Materials shall refer to software, text, data, files, records, images, graphics, video and audio and all other information used on this Site. The term Site shall refer to www.hyva.com and related local or sub websites.
- Changes to these Terms. Hyva reserves the right to unilaterally and at any moment change these Terms. Such changes shall be effective immediately upon notice, which shall be placed on the Site. Hyva may also change, update, suspend or discontinue any aspect of the Site at any time, including, its Materials or features.
- My Hyva Account. User may be offered to create an account or an account may be created for the User to enable the use of some of the features that are offered through the Site. If User's information related to My Hyva account changes, User shall notify Hyva promptly and provide current information. User is solely responsible for safeguarding the password and login identification that to access My Hyva account and agrees not to disclose the password to any third party.
- Rights in Materials. All Materials present on this Site is the exclusive property of Hyva or third parties providing Materials. No Materials may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Hyva. All rights not expressly granted herein are reserved. Unauthorized use of the Materials may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
- Trademarks. Unless otherwise indicated, slogans, marks, corporate logos and marks, such as, Hyva, Kennis, Flli Ferrari, Alpha and Hyva Smart are subject to the trademark rights of Hyva. These trademarks may not be used in any manner without prior written consent from Hyva.
- Materials. No Warranties or Representations. Hyva uses all reasonable endeavors to ensure that the Materials contained on this Site, including but not limited to the search and configuration results, serial number matching and data sheets, are correct, adequate, and complete. Hyva also makes sure that the Materials contained on the Site have been obtained from the reliable sources. At the same time, the parties acknowledge that the Site and Materials provided on the Site, are provided on an "as is" basis. Hyva, to the fullest extent permitted by law, does not warrant and does not accept any responsibility for the accuracy, adequacy or the completeness of the Site and the Materials and that the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable. Hyva expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Hyva is not responsible for any loss or damage that is caused by User's reliance on any Materials or services contained in this Site or data that the User has input into this Site. The User should always check with the originating or authorizing department of Hyva or local Hyva subsidiary or dealer before relying on any Materials found in this Site.
- Materials. Local Availability. Materials published on the Site may contain references to Hyva products, services etc. that are not announced or available in User's country. The accuracy of such information cannot be guaranteed, particularly since this information is subject to change, specific requirements or availability and such references do not imply that Hyva intends to announce such products, services etc. in the User's country. The User should check with the local Hyva subsidiary or dealer for complete details regarding the products, services etc. which may be available to the User.
- Site Performance and Security. No Warranties or Representations. Hyva strives to achieve that the Site and the services are provided on an uninterrupted, timely, secure, or error-free basis; and that it is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. However, the Site is provided on an "as is", "with all faults" and "as available" basis. Hyva makes no warranty that: (a) the Site will meet User's requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error or virus-free basis. Hyva does not accept any responsibility for any damage to Users computer system or loss of data that results from the download of any Materials from the Site or the use of this Site.
- Disclaimer of liability. In no event will Hyva be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Sites, or any Materials provided on the Site, or in the products, any claim attributable to errors, omissions or other inaccuracies in the product or interpretations thereof, regardless of whether or not Hyva has been advised of the possibility of such damages. If some jurisdiction does not allow the exclusion of liability, Hyva's total liability for the losses and damages that the User may suffer in connection with the Site or these Terms is limited to the price the User has paid for the products or services obtained via this Site or EUR 100 if no Products or Services were obtained.
- Indemnity. User agrees to indemnify, defend and hold Hyva harmless from and against all losses, expenses, damages and costs, including reasonable attorneys fees, arising out of or relating to any misuse by the User of the Materials and services provided on the Site.
- Privacy. The User's right to privacy is of paramount importance to Hyva. Please refer to Hyva Privacy Statement for more information on how Hyva handles personal data.
- Links to third party content. The Site may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. Such links are provided only as a convenience and does not mean that Hyva endorses or accepts any responsibility for the contents or the use of such websites. The User is requested to peruse the policies posted by other websites regarding privacy and other topics before use. Hyva is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such content. Hyva is not responsible for any loss or damage of any sort the User may incur from dealing with any third party.
- Language. These Terms may be available in many languages for User's convenience or as required by applicable law. Nevertheless, the English version governs User's relationship with Hyva, and any inconsistencies among the different versions will be resolved in favour of the English version.