The use of the Website is not allowed in countries where the totality or a substantial part of these Terms and Conditions, including Section 10 hereunder, is not applicable.
1. Table of Contents
1. Table of Contents
3. Content and Use of the Website
3.3 Operation of the Website
3.4 Your Use of the Website
4. Intellectual Property Rights
4.1 Legal Protection of the Website and the Content
4.2 Copyright Notification
5.2 Limitation of Liability
6.1 Processing of Personal Data
6.2 Non-personally Identifiable Information
6.3 Third-Party Links
9.2 Suspension and/or Removal of Content
9.3 Contact Details
10. Governing Law and Jurisdiction
10.1 Governing Law
“Content” shall mean texts, files, photographs, logo’s, slogans, data, or any other material that is published on the Website.
“Cookies” shall mean small electronic files that are placed on the hard disk of the User’s computer.
“Groups Marks” shall mean trademarks, licensed trademarks, and/or copyright material, of Seidel Engines.
“IP Address” shall mean the Internet Protocol address which consists in a set of numbers that is automatically assigned to the User’s computer whenever the User logs on to his/her Internet service provider or through his/her organization’s local area network (LAN) or wide area network (WAN).
“Seidel Engines ” shall mean Seidel Engines Sàrl, a Swiss limited liability company, with its registered office at 14 Pré-Fleuri, CH-1228 Plan-les-Ouates.
“User” or “You” shall mean the person using or surfing the Website. A User can either be a Member or a person visiting the Website.
“Website” shall mean this website, i.e. www.seidel-engines.com.
3. Content and Use of the Website
The Website contains (i) general information and news on Seidel Engines, its proposed solution and products, and (ii) general information on Seidel Engines’s sale policies.
You do not have to register to access and use the Website.
3.3. Operation of the Website
Seidel Engines uses commercially reasonable efforts to maintain the Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, Seidel Engines identifies any bugs, errors, technical problems, or defects, then it will immediately assign technicians to address and resolve the issue.
Seidel Engines does not warrant that Your access to the Website will be uninterrupted, or that the Website will be available at all times. Seidel Engines can assume no liability or responsibility for any delay, interruption, or downtime.
Seidel Engines uses commercially reasonable efforts to ensure that the Website is protected from viruses and other destructive software, but Seidel Engines cannot guarantee that the Website or any part thereof will at all times be free from such destructive software. Seidel Engines does not assume any liability for any damage to computer equipment or other property that may result from the use of the Website.
Seidel Engines reserves the right to discontinue operation of the Website at any time for any reason in its sole discretion, and to make modifications to the operation of the Website at any time in its sole discretion.
3.4. Your Use of the Website
(a) You may neither, under any circumstance, alter or modify any part of the Website, nor attempt to, or encourage or assist any other person to, circumvent or modify any component of the Website;
(b) You are not allowed to modify, edit, translate, adapt, or disassemble the Content or to create derivative works based upon the Content;
(c) You may not use or attempt to use, engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, offline readers, avatars, worms, or intelligent agents) or any other automated system which may have the purpose or effect to detrimentally affect the Website, to navigate or search the Website other than generally available third party browsers;
(d) Your use of the Website requires one or more compatible devices, Internet access and certain software and may require obtaining updates or upgrades from time to time. As the use of the Website involves hardware, software, and Internet access, Your ability to use the Website may be affected by the performance of such materials. You agree that such system requirements, as modified from time to time, are under Your own and sole responsibility;
(e) You agree to use the Website at Your sole risk. In particular, You agree that Seidel Engines shall assume no liability for content that You may find to be offensive, indecent, or objectionable. In case You find something on the Website to be offensive, indecent, or objectionable, please contact Seidel Engines and report the problem;
4. Intellectual Property Rights
4.1. Legal Protection of the Website and the Content
” Seidel Engines “, along with their design logos and other marks, logos, services and products names that may appear on the Website, are trademarks, licensed trademarks, and/or copyright material, of Seidel Engines (the “Group Marks”). You may not copy, reproduce, republish, distribute, upload, post, transmit, display, modify or use the Group Marks in any manner. The names of other companies and products mentioned in the Website may also be trademarks of their respective owners or licensed to Seidel Engines. In addition, some of the Content is protected by trademark, privacy, and publicity laws, including the Swiss Federal Act on Copyright and Neighboring Rights, of 9 October 1992.
The Content is provided solely for Your information, entertainment and educational use. It shall not be copied, reproduced, republished, distributed, uploaded, posted, transmitted, displayed, modified or use without Seidel Engines’s express prior written permission. In particular, You shall not use in any manner any of the Content on any other site, online service or networked computer environment, unless specifically authorized by Seidel Engines.
Subject to any expressly stated limitations on the Website, however, You may download or print portions of the Content on a single home computing device solely for Your personal, non-commercial use, provided that You keep intact all copyright, trademark or other proprietary notices. and that You will be solely responsible and shall hold Seidel Engines harmless, as the case may be, for any use whatsoever of any downloaded material related to, or use of, the Content. Any other use is prohibited. Seidel Engines will at all times retain complete ownership of the Content and trademarks on the Website. Any material downloaded or otherwise obtained through the use of the Website is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
Seidel Engines assumes no responsibility whatsoever for unauthorized copying and/or use of any material property of third parties on the Website
4.2. Copyright Notification
In case You consider that a Content is displayed on the Website in violation of Your own intellectual property rights or those of any third party, You shall contact Seidel Engines with all necessary information at the contact coordinates mentioned below under Section 9.3, and Seidel Engines will address Your claim without delay.
YOUR ACCESS AND USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND LIABILITY. ALL THE CONTENT, SOFTWARE, PRODUCTS, SERVICES AND ASSOCIATED GRAPHICS ELEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY TYPE OF GUARANTEE AND WITHOUT ANY WARRANTY OF ANY KIND. SEIDEL ENGINES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED TERMS OF ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF ANY APPLICABLE LAW OR REGULATIONS. SEIDEL ENGINES DOES NOT WARRANT THAT THE INFORMATION AND DATA AVAILABLE THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UPDATED OR MEET YOUR REQUIREMENT, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR REPAIRED, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE TO THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE, TIMELY SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR UNINTERRUPTED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS AND USE OF, OR DOWNLOAD FROM THE WEBSITE.
COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. SEIDEL ENGINES DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THE CONTENT.
CERTAIN HYPERTEXT LINKS IN THE WEBSITE WILL LEAD YOU TO EXTERNAL WEBSITES THAT ARE NOT UNDER THE CONTROL OF SEIDEL ENGINES. SEIDEL ENGINES ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE CONTENTS OF ANY THIRD PARTY SITE TO WHICH A HYPERTEXT LINK OR ANY OTHER TYPE OF LINK EXISTS AND GIVES NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) AS TO THE INFORMATION CONTAINED ON ANY SUCH SITE.
SEIDEL ENGINES IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY OR USER ACTIVITIES ON OR BASED ON THE WEBSITE.
THE WEBSITE IS MANAGED AND OFFERED BY SEIDEL ENGINES FROM ITS CORPORATE HEADQUARTERS IN SWITZERLAND. SEIDEL ENGINES MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO UNDER THEIR OWN RESPONSIBILITY AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCALLY APPLICABLE LAWS.
Seidel Engines reserves the right to change any and all content contained in the Website and any services offered through the Website at any time without notice. References to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Seidel Engines.
5.2. Limitation of Liability
IN NO EVENT WILL SEIDEL ENGINES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATE OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE, (II) UNAUTHORIZED ACCESS OF THE WEBSITE, (III) STATEMENT OR CONDUCT OF ANY THIRD PARTY SITES LINKED FROM AND TO IT AND ANY MATERIALS OR INFORMATION POSTED ON IT, OR (IV) ANY OTHER MATTER ELATING TO THE WEBSITE, EVEN IF SEIDEL ENGINES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT WILL SEIDEL ENGINES LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
6.1. Processing of Personal Data
In principle, Users are free to visit parts of the Website without being obliged to provide any of their personal data.
Web servers automatically identify Your computer by the IP address assigned to it during Your session online. Seidel Engines also automatically receives and records information on its server logs from Your browser including Your IP address which identifies Your computer, Seidel Engines’s cookies information and the page You requested.
Seidel Engines logs the User’s IP address but shall not link IP addresses to any personally identifiable information. IP addresses of Users are used for systems administration purposes only. Seidel Engines shall use such data in order to establish internal statistics and to improve the quality of the services delivered to the User. In practice, this means that the User’s session will be tracked, but the User will not be identified. However, Seidel Engines may use IP addresses to identify Users when it is necessary to enforce compliance with any legal obligation, these Terms and Conditions, or to protect the Website and/or other Users.
6.2. Non-Personally Identifiable Information
Seidel Engines may also collect and process non-personally identifiable information in aggregate form to track data and for statistic purposes (the total number of visits to the Website, the number of visitors to each page of the Website, the third party links that are shown in using the Website and the domain names of the Users’ internet service providers, etc.).
Seidel Engines may use this information, which remains in aggregate form, to understand how Users use the Website so that Seidel Engines may improve it and the services which are offered.
6.3. Third-Party Links
The Website makes use of “Cookies”.
The Website places cookies only for the purposes of carrying out or facilitating the transmission of a communication over an electronic communications network or providing an information society service explicitly requested by the User, such as registering the User’s acceptance of the general conditions or registering User’s preferences during a browser session. The User can install his/her web browser in such a way that his/her browser provides information about the reception of a cookie or makes it possible to refuse the placing of a cookie. However, the User should be aware of the fact that, if he/she refused the placing of cookies, some parts of the Website may not function properly or may be inaccessible or the requested information, service or activity may not be supplied.
You agree to defend, indemnify and hold Seidel Engines and any of its officers, directors, employees and agents harmless from and against any and all claims, actions, liabilities, costs, settlement payment, interest, award, judgment, diminution in value, fine, fees, penalty, damages or other charge asserted by any third party rising from or related to Your use of the Website or conduct in connection therewith, or otherwise arising from or related to Your use of the Website. You further agree to pay Seidel Engines ‘s reasonable attorney’s and expert witness’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this paragraph.
9.2. Suspension and/or removal of Content
With a view to improving or maintaining quality of the Website, Seidel Engines may, without notice, suspend access to the Website in whole or in part, or temporarily or permanently suspend or remove some Content. Under no circumstances will such suspension or removal result in any compensation.
9.3. Contact Details
If You have any questions or comments regarding Seidel Engines or the Website, please write at:
Chemin Pré-Fleuri 14
10. Governing Law and Jurisdiction
10.1. Governing Law