General conditions of access and use
General Conditions of Access and Use (GCAU) for the « Suspension Portal» of VB-Airsuspension.
The purpose of these General Conditions of Access and Use (“GCAU”) for the Internet site developed and opened by VB-Airsuspension and accessible at the address: www.vbairsuspension.com («suspension portal» or the « Site ») is to define the general legal and technical conditions governing the use of the Site by all users working with VB-AIRSUSPENSION, («User(s)») registered for the Site and required to comply with these GCAU.
The Site has been developed by VB-Airsuspension. This is how VB-Airsuspension makes an environment available to the Users, in accordance with the provisions of the GCAU, enabling them to access the information and technical data of VB-Airsuspension.
A « User » is a company that agrees to comply with the GCAU that satisfies the access criteria for the Site and that has been authorised to access the Site by VB-Airsuspension.
It is hereby agreed that all information, data, documents, formulas, plans, know-how, ideas and any other element that may be made available to the Users through the Site (known hereafter as the «Information ») are intended exclusively for authorized users and exclusively by qualified workers in automobile vehicle conversion with the necessary skills and tools for the performance of this work. VB-Airsuspension cannot under any circumstances be held liable for the application of the published information thus performed and those performing the work accept sole liability.
Access to the Site and the use of the Information obtained through the Site are subject to the express agreement of the latter with these GCAU.
2. Registration and Access to the Site
The User can access and use the Site only in the context of its relations with VB-Airsuspension and through its Authorised Users.
An «Authorised User » is a natural person, a member of the personnel of the User, authorised by the User to access the Site and to use it exclusively for and on behalf of the User in accordance with the GCAU. A User can have one or more Authorised Users.
To access and use to the Site, the User must complete the registration form on the Site and, after having read them, accept these GCAU without reservation. This form must be completed in full and in good faith, with the appropriate and honest information. VB-Airsuspension reserves the right, without notice, to prohibit access to the Site if the User has supplied incomplete or inaccurate information.
After having entered and validated the required information, the User will receive, via the e-mail address that it has provided, confirmation of the personnel password and the User Login (Password/User Login) it submitted during the registration and which will enable it to access the Site and the Information available on the day of the connection (N.B.: Only one Authorised User account will be created per e-mail address).
No Users, no Authorised Users and no other persons have any right to access the Site using the Password / User Login of another User or Authorised User.
The right of an Authorised User to access the Site ends immediately with the cancellation of the GCAU or as soon as a User withdraws the access rights of an Authorised User. The User therefore takes all necessary measures to terminate this access right.
The User agrees to ensure that each of its Authorised Users:
accepts responsibility for the security and/or the use of his/her Password / User Login,
does not reveal his/her Password / User Login to any third parties,
does not allow any other natural person or corporate entity to use the Password / User Login, uses the Site in accordance with the GCAU.
The User also agrees to notify each of its Authorised Users of their obligations under the terms of the GCAU.
The User and its Authorised Users are and remain responsible for the Passwords / User Logins. They must take all necessary precautions to maintain the confidentiality of these Passwords / User Logins as well as to protect the use of the Site by other Users and the security of the Site subject to the conditions defined herein. They further agree to immediately notify VB-AIRSUSPENSION in the event of the loss or fraudulent use of a Password / User Login.
The User is solely and uniquely liable for all use and access to the Site by a natural person or corporate entity accessing the Site, in any way whatsoever, using the Users ’ or its Authorised Users ’ Passwords / User Logins. VB-Airsuspension will not accept any liability for the management, monitoring and/or supervision of the use of the Site and of the Information by a User or by its Authorised Users.
Any use of a Password / User Login allocated to an Authorised User is deemed to be by that Authorised User and subject to his/her liability and VB-AIRSUSPENSION has the right to trust the instructions and authorise access to the Site and the use of the Information without any obligation to check the identity of a person accessing the Site by means of this Password / User Login.
The User must obtain, at its costs, the hardware, software and telecommunications services required to access the Site and to use the Information. The technical conditions for access and use are available on request from VB-AIRSUSPENSION.
3. Site Availability
Access to the Site is possible 24 hours out of 24, except for force majeure occurrences. It is hereby agreed by the User that VB-AIRSUSPENSION can from time to time interrupt, limit, suspend, prohibit, totally or in part, access to the Site or the Information to carry out maintenance operations, updates or to resolve technical problems relating to the servers, networks or software, or in the event of the failure of a third party service provider. VB-AIRSUSPENSION can also and at any time modify, add to or delete the Information.
VB-AIRSUSPENSION will make every reasonable attempt to maintain the level of security defined relative to the means of authentication as defined above.
The User however acknowledges that the public nature of the Internet prevents VB-AIRSUSPENSION from guaranteeing that each Authorised User can access the Site or the Information at any time during the period of availability of the Site and that this access will in no circumstances be interrupted, that it will be exempt from errors or any unauthorised failure of security.
The User acknowledges that neither VB-AIRSUSPENSION nor its suppliers are liable or bound to pay it any damages because of the interruption, suspension, modification or abandoning of the Site or the Information.
The User agrees to regard as strictly confidential, and not to disclose to third parties, whether subject to payment or free of charge, in any form whatever, during the period of the GCAU, the Information, as received from VB-AIRSUSPENSION, or of which it may become directly or indirectly aware of during access to the Site or its use. The period of confidentiality will be fifteen (15) years as of the connection to the Site when the User will have had access to the information.
A User receiving or becoming aware of the Information will take all necessary measures to protect the confidential nature of Confidential Information, it being agreed that these measures must be at least equivalent to those implemented by the User to protect its own similar confidential information.
The User agrees to communicate the Confidential Information only to Authorised Users, and agrees to take all measures to ensure that these Authorised Users agree to use the Confidential Information in accordance with the obligations arising from these GCAU and the conditions of use of each Service.
The above provisions shall not apply to Confidential Information where the User can prove that:
it was in its possession prior to having received the information from VB-AIRSUSPENSION; or,
the Confidential Information was in the public domain prior to the date of its communication by VB-AIRSUSPENSION or that it entered it subsequently without any fault being attributable to the User,
it received the information without any obligation of secrecy from a third party authorised to disclose it without an obligation of confidentiality.
5. Intellectual property rights
5.1. Copyright and/or Rights in Drawing and Models
This site constitutes a work of which VB-AIRSUSPENSION is the author. The photographs, texts, slogans, sketches, images, animated sequences, acoustic or not, as well as all works integrated into the Site are the property of VB-AIRSUSPENSION or of third parties having authorised
VB-AIRSUSPENSION to use them. Reproductions, in a paper or computerised form, of the site and the works and products reproduced on it are authorised subject to the reservation that they are used exclusively for personal purposes and excluding any use for advertising and/or commercial and/or information With the exception of the above provisions, any reproduction, representation, use or modification, by whatever means and on whatever medium whatsoever, of all or part of the site, of all or part of the various works and vehicle models contained therein, without having obtained the prior approval of VB-AIRSUSPENSION, is strictly prohibited and constitutes an act of forgery punishable by two years in prison and a fine of 150,000 euros.
Subject to the provisions of these GCAU, the User accepts that it cannot, without the prior written agreement of VB-AIRSUSPENSION, use or reproduce or communicate to third parties, in any manner whatsoever, the intellectual property of VB-AIRSUSPENSION or the Information.
Unless agreed otherwise by the Parties, the User cannot claim on the basis of these GCAU any grant of licence or any other industrial and/or intellectual property right or prior possession, explicit or otherwise, in the intellectual property of VB-AIRSUSPENSION.
5.2. Registered Trademarks
The name VB-AIRSUSPENSION, the VB-AIRSUSPENSION logo (badge), the names of the products in the VB-AIRSUSPENSION range and the associated products and services, are registered trademarks of VB-AIRSUSPENSION. Other trademarks are also mentioned; these are in principle indicated by a capital letter. These are used by VB-AIRSUSPENSION either with the authorisation of their holder, or as a simple statement of the products or services offered by VB-AIRSUSPENSION. The reproduction, imitation, use or application of these trademarks without the prior authorisation of VB-AIRSUSPENSION or their respective holders constitutes an act of forgery punishable by two years in prison and a fine of 150,000 euros.
6. Guarantees, liability and limitations of liability
6.1. The User
The User is at liberty to accept these GCAU and to assume the obligations arising. During the period of validity of these GCAU, the User and its Authorised Users agree to comply with these provisions, all of the regulations governing activities on the Site and the use of the Information as well as all current applicable internal and international regulations for the activities of the User on the Site, by means of it or with regard to it.
The User and its Authorised Users agree not to:
· contravene the provisions of these GCAU;
· use the Site and the Information it offers fraudulently, illegally or without authorisation;
· use the Site and its Information in contravention of the laws on intellectual property, the applicable regulations
and the instructions defined by VB-AIRSUSPENSION;
· use the Site in such a way as to disturb or prevent access by other Users;
· infringe the intellectual property rights of VB-AIRSUSPENSION;
· allow the disclosure or the reproduction without authorisation of all or part of the Site, or of the Information
available through it (cf. Article 2 above);
· allow the disclosure or the reproduction without authorisation of part of the Site or of the Information obtained
· authorise access to the Site or one of its components, or its use, by or on behalf of a third party;
· create links to the Site or create on other Internet sites frames using elements of Information obtained via the
site or relating to it;
· act or authorise actions that contravene the provisions of these GCAU and that involve the Site and/or the
· authorise access to the Site or the Information, or its use, by or on behalf of a third party other than an
· use the Site fraudulently, illegally or without authorisation;
· delete, mask or debase any statement of copyright, trademark or statements of ownership rights added to or
contained in the Site and the Information.
The User must indemnify and guarantee VB-AIRSUSPENSION against all suits, requests for compensation and damages that may arise from or relate to an action or omission by an Authorised Users or arise from or relate to a use of the Site or the Information.
VB-AIRSUSPENSION agrees with regard to the User in terms of an obligation of means to take all measures to ensure that the access and the use of the Site and the Information is in accordance with the description of the Information such as contained on the Site and the current laws and regulations.
The Site can contain links or redirections to other Internet sites. VB-AIRSUSPENSION is not liable for the content of these other Internet sites and will not be liable for any damages resulting from the content displayed on these other Internet sites or accessible through them.
The Information may contain technical inaccuracies or typing errors. These may be modified at regular intervals as well as when VB-AIRSUSPENSION wishes.
The User acknowledges that the Information published on the Site by VB-AIRSUSPENSION is for information, is general and non-exhaustive. VB-AIRSUSPENSION does not guarantee the suitability of the Information published on the Site by VB-AIRSUSPENSION for the requirements of the User.
The User agrees to use and exploit the Information published by VB-AIRSUSPENSION on the Site subject to its sole responsibility and in accordance with these GCAU. VB-AIRSUSPENSION cannot therefore be held liable for any direct or indirect damages caused to the User or a third party resulting from the use or the exploitation by the User of the Information published by VB-AIRSUSPENSION on the Site.
The Site and the Information are supplied as they are and subject to availability, and the User accepts that neither VB-AIRSUSPENSION nor its service suppliers can be held liable with regard to the User, and as appropriate third parties, for any damage, direct or indirect, resulting from access to the Site and the use of the Information by the User.
VB-AIRSUSPENSION can, bearing in mind the circumstances, take all measures it deems necessary or appropriate concerning use of the Site and of the Information by the User. Notably, VB-AIRSUSPENSION can interrupt, limit, suspend, prohibit access, totally or in part, to the Site or the Information, without notice or indemnity, if the behaviour or the activities of the User are prohibited by current laws or regulations or these GCAU.
7. Data processing and freedom of information
VB-AIRSUSPENSION is likely to receive automatically collected details but these cannot, under any circumstances, be associated with a person. These details relate to the type of Internet browser used by the User, the operating system of its computer and the domain name through which it accesses the Site.
During a visit to the Site, VB-AIRSUSPENSION may install a cookie on the User ' s computer. A cookie is a small block of data sent to the browser by a Web server and stored on the computer's hard disk. The cookie does not allow VB-AIRSUSPENSION to personally identify the User. The general use of this is to enable VB-AIRSUSPENSION to record Information relating to the computer's navigation on the Site (pages viewed, date and time of the viewing, etc.) that VB-AIRSUSPENSION can read on subsequent visits by the User. The User can of course stop cookies being saved by configuring its browser as instructed by its publisher. The User can also delete the cookies individually and at any time applying the instructions in the computer user's guide.
8. Auditing rights
Subject to notifying the User in good time and during normal working hours, VB-AIRSUSPENSION has the right to conduct a periodic audit on the use of the Site by the User, subject to compliance with the confidentiality clauses herein, to verify that the User is complying with these GCAU.
9. End of right to access to the Site
VB-AIRSUSPENSION can, at any time and as it deems fit, suspend, limit, or permanently prohibit access to the Site by the Users:
in the event of a failing by the User, after formal notice with immediate effect sent by VB-AIRSUSPENSION by recorded delivery letter with acknowledgement of receipt to the User,
if the behaviour or the activities of the User are prohibited by applicable law and regulations or these GCAU.
For a suspension, limitation or prohibition of access, all the rights granted herein to the User end and the User must immediately cease all use of the Site, without prejudice to any damages and interest due to VB-AIRSUSPENSION.
The termination of these GCAU does not release the User from compliance with any of its provisions remaining in force despite the termination.
10. Sundry provisions
A Party cannot transfer any of the rights or obligations as arising herein without the prior written authorisation of the other Party.
10.2. Abandonment of rights
The fact that one Party does not enforce or does not immediately enforce a right, authority or prerogative arising under these Conditions cannot be interpreted as implying the abandoning of the right, authority or prerogative. A right can only be abandoned by means of a written document signed by the relevant Party.
All notifications or official summons arising under these GCAU must be sent by post or by fax and confirmed by recorded delivery letter with acknowledgement of receipt.
Any modifications to these GCAU and its effects must be the subject of an agreement signed by the Parties unless another procedure has been expressly defined for that purpose herein.
These GCAU have been drawn up in Dutch. This language shall prevail over any translations into other languages.
The numbering and the titles of the articles of the GCAU are for information only and have no specific or legal value for the interpretation of the various articles forming these GCAU.
10.7. Election of domicile
For the execution of these GCAU and their effects, each Party elects domicile at their respective head offices.
10.8. Autonomy of the provisions
If any of these provisions are ruled to be totally or partly invalid or inapplicable, this shall not invalidate or make the other provisions herein unenforceable with regard to current laws and regulations.
11. Applicable legislation – Clause allocating jurisdiction
The GCAU, the Site, the Information and all the rights and obligations on the Parties arising from the Site or relating to it shall be subject to the laws of The Netherlands and shall be governed and construed in accordance with these. Any dispute concerning the GCAU and the access and use of the Site and the Information must first of all be subject to an attempt to find an amicable settlement before being submitted to the exclusive jurisdiction of the competent Dutch Courts to which the Parties hereby assign the exclusive right to decide, notwithstanding the introduction of third parties or requests for guarantees from third parties. The User must submit to the Court any such claim arising from the GCAU, relating to them or relating to the Site, within a period of one (1) year as of the date on which this claim arose or it will be abandoned and irrevocably rejected.
12. Updating the GCAU
VB-AIRSUSPENSION reserves the right to modify and update at any time access to the Site as well as the GCAU. These modifications and updates are applicable to the User that must therefore refer to this section to check the applicable GCAU.