SIBO Fluidra Netherlands B.V., (hereinafter, “SIBO”), with registered address at Doornhoek 3950 5465 TC Veghel, holder of business registration number NL810872626 is the owner of the website at https://sibo.nl (hereinafter, the “Website”).
The purpose of these Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) is to provide the user (hereinafter, the “User” or “Users”) with information about SIBO, its business, services, products, published news items and its various business divisions.
This Website is for information purposes only.
Both browsing and accessing the information posted on this Website imply that the User accepts all of these Terms and Conditions without any reservations whatsoever.
If you do not accept these Terms and Conditions, you should refrain from using the Website and its content.
Content includes, but is not limited to: the texts, photographs, graphic displays, images, technology, software, links and other audiovisual or sound contents, in addition to its graphic design and source codes (hereinafter, the “Content” or “Contents”), in compliance with the Law, these Terms and Conditions, other notifications, user manuals, as well as with public order, good morals and commonly accepted customs.
SIBO may, at any time without prior warning, amend these Terms and Conditions published on the Website by releasing these amendments on the Website so that Users are aware of them when visiting the Website.
The continued use of the Website by the User after the release of such amendments shall be deemed to mean that they have been accepted.
Any use other than the authorized in these Terms and Conditions is expressly prohibited, whereby SIBO shall be entitled to deny or withdraw access and use of the Website at any time whatsoever with no prior warning by any users who misuse the Contents and/or breach these Terms and Conditions.
ACCESS AND USE
Access to the Website is free of charge, except for the cost of connecting to it through the Internet service provider contracted by the User.
The User undertakes to make responsible use of the Website, as well as of the information posted on it. Its use shall likewise be subject to both the legislation in force, and to these Terms and Conditions.
Furthermore, the User undertakes not to make her/his username and password available to third parties, in addition to reporting to SIBO in the shortest possible delay, the loss, theft or any risk of access to them by a third party.
LEGAL OBLIGATION TO MAKE PROPER USE OF THE WEBSITE
Users shall be entirely responsible for the use they make of the information they access while browsing the Website, as well as for any subsequent use made of it.
The User undertakes to make proper use of the Website and functionalities in compliance with the Law, these Terms and Conditions, any instructions or warnings received, as well as with public order, good morals and commonly accepted customs.
The User undertakes to use the Website and its Contents for lawful and legitimate purposes only, which neither violate the laws in force nor breach the legitimate rights of SIBO or any third parties, and/or that could cause direct or indirect damages.
The User undertakes to abstain from: reproducing, copying, distributing, making available or in any other manner publicly disclosing, transforming or modifying the Contents, unless she/he has the consent of the holder of the rights in question to do so, is legally entitled to do so or, if applicable, such actions are carried out using the functions enabled by SIBO for social media. Furthermore, the User may not delete, manipulate or in any other way alter the copyright and other identifiers of the exclusive rights of SIBO or any other technical resources established to recognize its brand.
The User undertakes, including but not limited to, not to disclose, disseminate or make available to third parties the information, data, contents, messages, graphic displays, drawings, sound and/or image files, photographs, recordings, software and, in general, any class of materials belonging to this Website, as well as to refrain from carrying out actions:
- That induce, incite or encourage criminal, slanderous and violent acts or, in general, that are against the Law, public order, good morals and commonly accepted customs.
- That are false, ambiguous, untrue, exaggerated or untimely and that could lead to misinterpretations of the subject matter or the intentions or purposes of the disclosing party.
- On contents protected by any intellectual or industrial property rights held by third parties, without the User having sought the prior permission from the holders necessary to make use of such rights.
- That constitute illegal, misleading or unfair advertising and, in general, that constitute unfair competition or violate the statutory regulations on personal data protection.
- That contain viruses or any other physical or electronic components that could damage or prevent SIBO’s network, IT system, hardware or software of SIBO.
- That give rise to failures in the services offered on this Website due to their characteristics (such as file formats and extensions).
The User shall be held liable for damages of any nature that SIBO may sustain as a consequence of a breach of any of the obligations to which she/he is subject pursuant to these Terms and Conditions or to the applicable Law.
DISCLAIMER OF LIABILITY
By way of example but not limited to, SIBO hereby states that it MAY NOT be held liable under any circumstances for:
- The use that the Users may make of the Contents on this Website, and/or linked websites, in breach of the intellectual and industrial property rights of the Website or those of third parties.
- The possible damages to Users caused by correct or incorrect search tools, the organization or localization of the Contents and/or access to the Website and, in general, the errors or problems that may arise in the development or implementation of the technical components that the Website or a or software provides to the User.
- The contents on any websites that the Users may access from links posted on the Website, whether authorized or not.
SIBO hereby informs the Users that it is UNABLE to guarantee that:
- The access to the Website and/or linked websites shall be uninterrupted or free of error.
- The Content or software that the Users access from the Website or linked websites do not contain any errors, computer virus or other features that could damage their computer system, electronic documents or files stored on their computer system, or that could cause any other damage.
- The accuracy of the information on the Website. Therefore, SIBO assumes no liability whatsoever for potential damages that the Users could incur as a result of the inaccuracy of the Contents on the Website. For all intents and purposes, the information posted on the Website must be considered by the Users as a guideline only.
INTELLECTUAL AND INDUSTRIAL PROPERTY
SIBO holds all rights on the Content, design and source code of the Website, and, in particular but not limited to, on the photographs, images, texts, logos, designs, trademarks, brand names and data included on the Website.
The Users are hereby informed that such rights are protected by current Spanish and international laws on intellectual and industrial property.
The total or partial reproduction of the Website, even by means of a hyperlink, or of any of its contents, is expressly prohibited without the express written permission of SIBO.
Likewise, copying, reproduction, adaptation, modification, distribution, marketing, commercialization, public communication and/or any other action that involves a breach of the Spanish and/or international laws currently in force, in addition to the use of the contents of this Website, is strictly prohibited, unless prior express authorization to do so has been given by SIBO in writing.
SIBO hereby informs the Users that it does not grant licenses nor does it give its implicit or tacit consent on the intellectual and/or industrial property rights or on any other rights or property directly or indirectly related to the contents posted on the Website.
GUIDELINES ON SECURE USE
Do not use links attached to the emails or websites of third parties to access this Website. From time to time, indiscriminate mass distribution of emails from false email addresses are detected, whose sole purpose is to obtain the Users’ confidential information. This technique is known as PHISHING. SIBO declines all liability in this respect.
APPLICABLE LEGISLATION AND JURISDICTION
The access and use of the Website shall be governed and interpreted according to Dutch law. Any disputes that may arise between SIBO and the Users of the Website shall be submitted to the Courts and Tribunals in the Users’ place of residence, unless they are businesses or non-consumer professionals, in which case they shall be submitted to the Courts and Tribunals of ‘s-Hertogenbosch, with the express waiver by the Parties of any other jurisdiction to which they may have recourse.