TERMS OF USE OF THE SOMFY INDIA PRIVATE LIMITED WEB SITE
DEDICATED TO SELECTED DISTRIBUTORS / DEALERS
The Site is the property of Somfy India Private Limited (“Somfy”) and its licensors if any.
“You”, “Your” means you, the selected distributors / dealers using this web site.
Somfy reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, Somfy grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Access to the Site requires You to create an account, using a user name and a valid email address. Without this information, Somfy is not able to grant You any access to the Site.
Objectives of this forum Site
The objectives of this forum is to provide support for selected Distributors/Dealers of Somfy in South Asia including India and to exchange with them about their needs, habits, uses, issues regarding the Somfy products available in India only, in order to improve user or Your experiences with Somfy products.
This Site has not for purpose to create any business offer or deceptive business practice or to carry out retail trade in India.
Personal data protection
Somfy is the Indian administrator and operator of the Site.
Somfy complies with the Local laws of India. Somfy shall implement appropriate security measures to protect user data. Notwithstanding this point, Somfy shall not be responsible in case of breach in its own security measures defense and notably against any piracy act or activity.
During the use of the Site, You authorized Somfy to collect any information about You.
Use of the Site
The Use of the Site is restricted to authorized Distributors/Dealers of Somfy only. Any other access/unauthorized access by any other person is prohibited and Somfy shall not be responsible for any loss suffered by anyone else on this account.
You are informed that Somfy is able to validate any “post” (comment written and published by You on the Site) before its publication, and You must :
Somfy is authorized to refuse to publish forum comments posted by You if:
- Your posts are unrelated to Somfy products or services;
- Your posts contain irrelevant content as described in the Terms of Use;
- Your posts do not feet the purpose of the Site;
- Your posts may content any copyright infringement or any intellectual property right infringement ;
- Your posts may not comply with any applicable laws;
- Your posts on a more general way, do not comply with the Terms of Use which governs the Site.
You are allowed to use positive, neutral and negative comments about the Somfy products and services as far as comments are true. Fraudulent comments may be identified through Somfy people by checking the references to products or services. You agree to deliver to Somfy any references regarding the products if Somfy ask You to do so, to be able to check whether or not Your comments are not fraudulent.
Any identified fraud may result in prosecution by Somfy.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Somfy or its partners, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Somfy’s express prior written consent.
You may use information on Somfy products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Somfy for downloading from the Site, provided that You (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Somfy reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Somfy server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You are not allowed to trace or seek to trace any information on any other user or visitor to the Site, nor to try to exploit any information available on the Site for a commercial purpose or an other purpose than the one described in the present Terms of Use.
You may not use the Site or any content of the Site for any purpose that is unlawful or prohibited by these Terms of Use.
Accounts, Passwords and Security
The Site requires You to open an account (including setting up an Somfy ID and password). You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You agree to notify Somfy immediately of any unauthorized use of Your account or password, or any other breach of security. You may be held liable for losses incurred by Somfy or any other user of or visitor to the Site due to someone else using Your Somfy ID, password or account as a result of Your failing to keep Your account information secure and confidential.
You may not use anyone else’s Somfy ID, password or account at any time without the express permission and consent of the holder of that Somfy ID, password or account. Somfy cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
Privacy
Somfy’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Somfy’s Privacy Policy, click here. Additionally, by using the Site, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Links to Other Sites and to the Somfy Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Somfy’s control, and Somfy is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make Your own independent judgment regarding Your interaction with these Linked Sites.
Disclaimers
SOMFY DOES NOT GIVE ANY WARRANTY THAT THE SITE OR ANY CONTENT OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO VALIDATION BY SOMFY AND SOMFY CAN CHANGE ANY PART OF THE SITE OR EVEN CLOSE THE SITE WITHOUT NOTICE.
DOWNLOAD OF FILES OR DATA FROM THE SITE ARE NOT WARRANTEED TO BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SOMFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOMFY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SOMFY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SOMFY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages and liabilities or injuries.
Somfy reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Somfy be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Somfy has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Somfy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Somfy by any third party due to or arising out of or in connection with Your use of the Site.
Violation of These Terms of Use
Somfy may disclose any information we have about You (including Your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Somfy’s rights or property, or the rights or property of visitors to or users of the Site, including Somfy’s customers. Somfy reserves the right at all times to disclose any information that Somfy deems necessary to comply with any applicable law, regulation, legal process or governmental request. Somfy also may disclose Your information when Somfy determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Somfy may preserve any transmittal or communication by You with Somfy through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Somfy determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Somfy, its employees, users of or visitors to the Site, and the public.
You agree that Somfy may, in its sole discretion and without prior notice, terminate Your access to the Site and/or block Your future access to the Site if we determine that You have violated these Terms of Use or other agreements or guidelines which may be associated with Your use of the Site. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Somfy, for which monetary damages would be inadequate, and You consent to Somfy obtaining any injunctive or equitable relief that Somfy deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Somfy may have at law or in equity.
You agree that Somfy may, in its sole discretion and without prior notice, terminate Your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by You (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Somfy does take any legal action against You as a result of Your violation of these Terms of Use, Somfy will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Somfy. You agree that Somfy will not be liable to You or to any third party for termination of Your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to Your access to or use of the Site, including all disputes, will be governed by the laws of India.
Any conflict between Somfy and You shall be subject to the Courts in New Delhi, India.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between You and Somfy with regard to Your use of the Site, and any and all other written or oral agreements or understandings previously existing between You and Somfy with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement You enter into with Somfy, Somfy will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Somfy’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Somfy of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Somfy and You or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Somfy provides access to Somfy international data and, therefore, may contain references or cross references to Somfy products, programs and services that are not announced in Your country. Such reference does not imply that Somfy in Your country intends to announce such products, programs or services.
Feedback and Information
Any feedback You provide at this site shall be deemed to be non-confidential. Somfy shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2011 Somfy India Private Limited. All rights reserved.