Article 1 (Confidentiality agreement)
All information contained on this platform is only for internal use of those who have been provided with access by SHIMANO Europe. SHIMANO Europe is the copyright owner of the contents of the platform. The contents of the platform may not be shared with unauthorized persons or duplicated for the purpose of any other external use without prior written approval by SHIMANO Europe. No rights can be derived from the content of the platform, nor can SHIMANO Europe be held liable for any inaccuracy presented. Specifications published are subject to change without notice.
Article 2 (Conditions of use)
2.1 These terms & conditions set forth the requirements to be observed by the User relating to the confidentiality of information provided by SHIMANO Europe.
2.2 The provisions set forth in these terms & conditions may be revised by SHIMANO Europe as necessary without informing the User. The User needs to confirm the latest terms & conditions of Use posted on the Website when using the Website. It is the Users‘ own responsibility to keep himself/herself updated on these latest terms & conditions.
2.3 SHIMANO Europe, SHIMANO Europe Sales Office and/or SHIMANO Europe Distributor may suspend User’s access to the platform by non-compliance of these terms & conditions.
Article 3 (Disclaimer of Warranty & Liabilities)
3.1 The User agrees that the platform shall be used at User’s own risk and liability. Without limiting the generality of the foregoing, SHIMANO Europe hereby expressly excludes and disclaims liability for any warranty that (1) the platform is free of defects, errors or failures; or (2) the platform is free of any computer virus or other harmful content.
3.2 SHIMANO Europe may revise the contents of the platform or discontinue provision of the platform at any time at its own discretion. SHIMANO Europe does not guarantee the continuance or preservation of the consistency of the platform.
3.3 SHIMANO Europe shall not be liable for any damages (including but not limited to mental distress or monetary loss) that may be caused by the use of the platform (including but not limited to provision of any information in connection with use of the platform) or the unavailability of the platform.
3.4 If any unauthorized alteration of the platform, unauthorized access to any data relating to the platform, virus invasion or any other wrongful act is made to the platform, and if any damage is caused to a User by such wrongful act, SHIMANO Europe shall not be liable for such damage.
3.5 SHIMANO Europe may temporarily suspend operation of the platform without notice to or consent of its Users.
3.6 If any User suffers any damage caused by the temporary suspension of operation of the platform, SHIMANO Europe shall not be liable for such damage.
Article 4 (Governing Law & Arbitration)
4.1 Governing Law. The validity, construction and performance of these terms & conditions shall be governed by and interpreted in accordance with the laws of the Netherlands.
4.2 Arbitration. Any and all disputes between SHIMANO Europe and User in respect of this Agreement or the platform shall be submitted for resolution by arbitration in Amsterdam, the Netherlands, pursuant to the Arbitration Rules of the Netherlands (Nederlands Arbitrage Instituut) The arbitration award shall be final and binding on all parties.
Article 5 (Treatment of Improvements or Results etc.)
In the event that any invention, idea, design, technological improvement, enhancement, or modification (“Result”) is generated by the User in the course of performance of tasks based on the platform, the right and title in and to such result, as well as the treatment of any intellectual property rights attaching thereto, shall be determined by SHIMANO Europe.
Article 6 (Injunctive Relief; Damage)
The User recognizes that use or disclosure of the confidential information in violation of this Agreement may cause SHIMANO Europe irreparable damage, and SHIMANO Europe shall have the right to claim equitable and injunctive relief to prevent any unauthorized use or disclosure, and to claim any and all damages (including attorneys’ fees) incurred or suffered by SHIMANO Europe as a result of User’s breach of this Agreement.