Version 1 – English 7 June 2016
1. PURPOSE OF THE TERMS AND CONDITIONS
1.1 The purpose of these general terms and conditions (hereinafter “Terms”) is to define the general terms and conditions of the Website accessible at the address www.kubota-eu.com (hereinafter referred to as the “Website”) that Kubota Europe makes available to Internet users (hereinafter the “Users”, and also referred to as “you”).
1.2 The Website allows Users to discover Kubota Europe products and services, and to sign up via their email addresses to receive all information, in particular commercial or promotional information, from Kubota Europe.
2. PUBLISHER AND HOST OF THE WEBSITE
2.1 The Website is published by Kubota Europe, a simplified joint stock company with capital of EUR 11,166,583, registered in France on Pontoise Trade and Companies Register under number 302 077 565 00042, whose registered office is located at 19 Rue Jules Vercruysse, 95100 Argenteuil. Its EU VAT number is FR 22302077565. Kubota Europe can be reached at 00 33 1 34 26 34 34 and at the address: 19 rue Jules Vercruysse, 95100 Argenteuil, France.
2.2 The Publication Director is Tsukasa Kataya and the Editor in Chief is Tsukasa Kataya.
2.3 The Website hosting provider is ATE, whose registered office is located at 21 Avenue de la Créativité, 59650 Villeneuve d’Ascq in France and telephone number is 00 33 3 28 800 300.
3. ACCEPTANCE AND MODIFICATION OF THE TERMS
3.1 These Terms govern the relationship between you, or more generally, the Users, and Kubota Europe.
3.2 Before using the Website and the services offered on it, Kubota Europe asks you to read these Terms as they describe your rights and obligations and those of Kubota Europe. Access to the Website, its use and the services offered on it imply unrestricted and unconditional acceptance of these Terms by the User. If the User does not wish to be bound by these Terms, he is not authorised to use the Website and the services offered on it and must immediately discontinue using them.
3.3 Kubota Europe reserves the right to change these Terms. In this case, the new version of the Terms will be available on the Website and the changes will be effective immediately after your access to the Website. Thus, the applicable terms and conditions are those in effect and available on Kubota Europe’s Website on the date on which the Website is accessed by the User.
4. INTELLECTUAL PROPERTY
4.1 Unless otherwise expressly stipulated, Kubota Europe is the owner or licensee of the intellectual property rights over the Website, whether this concerns its general structure or an element of its content (including but not limited to: texts, slogans, graphics, images, photographs and other content).
4.2 Therefore, any representation, reproduction, modification, alteration and/or total or partial operation of the Website and/or an element of its content, by any means whatsoever and on any medium whatsoever (in particular by storing information on another medium), without Kubota Europe’s prior written express consent is prohibited.
4.3 In particular, brands, logos, corporate names, acronyms, trade names, signs, domain names, product and service names used on this Website (including, without limitation “Kubota” and “Kubota Europe”) constitute distinguishing marks or trade names of Kubota Europe or its trading partners that may not be used without the express prior written permission of their owner.
4.4 Any unauthorised operation, representation, total or partial reproduction of the Website and/or an element of its contents and/or distinguishing marks engages the criminal and civil liability of the User.
4.5 The User acknowledges that the Website consists of one or more databases made available by Kubota Europe in its capacity as producer of said databases within the meaning of applicable regulations. The User agrees not to conduct any direct or indirect, total or partial, qualitatively or quantitatively substantial extraction, use, storage, reproduction, representation or preservation of the content of one or more Kubota Europe database without the prior written permission of Kubota Europe. The User also agrees not to conduct the extraction or repeated and systematic reuse of qualitatively or quantitatively non-substantial parts of the content of one or more databases of Kubota Europe.
4.6 The hypertext links available on the Website, leading to other websites and generally towards any resources existing on the Internet do not engage the liability of Kubota Europe. Kubota Europe (i) declines all liability for the content of these websites; (ii) is not responsible for the availability of these websites; and (iii) shall in no event be held liable for any loss or damage arising from the use of these websites. Access to the websites linked by the User is done at his own risk.
The purpose of this section is to describe how Kubota Europe will process personal data that Users provide when using the Website.
5.1 Personal data collected on the Website
(a) To provide the Website and all services offered on the Website, Kubota Europe will store and process certain personal data about Users.
(b) Kubota Europe may collect or ask Users to provide data from time to time, such as name, address, date of birth, email address, mobile telephone number, IP address, browser type, operating system, and/or activities on the Website.
(c) In particular, Kubota Europe may collect Users’ personal data:
(i) via online forms, registration of online Users or their subscription for services, promotions, contests or responses to surveys or reporting any problems on the Website;
(ii) via information provided by the User in a letter sent to Kubota Europe or any group company;
(iii) in the context of the contracts that the User may enter into on the Website, and in particular the purchase of Kubota Europe products;
(iv) via a cookie recorded during visits to the Website. The data collected will include Website browsing, actions, pages viewed, frequency and dates of access, etc.
(d) Kubota Europe takes reasonable steps to ensure the security of such data and to prevent their illegal use or any unauthorised access.
(e) The provision of personal data is optional. However, in the event of refusal to disclose personal data, Kubota Europe may not be able to process your request. If you decide to disclose your personal data to Kubota Europe, the mandatory or optional nature of the fields to be filled in will be clearly marked.
5.2 Purposes of processing Users’ personal data.
(a) The personal data of each User will be kept with any additional information that the User may have disclosed to Kubota Europe from time to time, and will be used to provide you the services offered on the Website and any other related services, and more generally, to manage the customer relationship.
(b) Kubota Europe may also use the personal data of Users to analyse Website use and/or keep them informed about other products and services which, according to Kubota Europe, might interest them or, more generally, for any commercial prospecting if the box provided for this purpose has been selected by the User.
(c) Kubota Europe may also use personal data to process specific requests made through the Website including any order.
5.3 Retention of your personal data.
Kubota Europe will only store Users’ personal data for the period necessary and proportionate for its processing.
5.4 Recipients of your personal data.
(a) Personal data is intended for Kubota Europe and its staff. This data may be disclosed to third parties involved in the Kubota Europe product order flow (including banks and delivery services) or any third party designated by Kubota Europe for the provision of services offered on the Website. All staff and any third parties referred to above are subject to strict confidentiality rules.
(b) In addition, if you duly notified your acceptance, personal data may be used for purposes of commercial prospecting by Kubota Europe partners.
(c) Kubota Europe and/or any company of the Kubota group may, from time to time, increase or reduce its activities which may involve the sale of certain divisions or the transfer of control of certain Kubota Europe activities to other parties. If any, the personal data provided by Users is to be transferred/assigned to the successor of the activity and the successor or the new controlling party will be authorised hereunder to use such personal data for the sole purposes for which it was provided by you.
(d) Kubota Europe will not sell your personal data to advertisers without your permission. Kubota Europe may share your personal data with its service providers and subcontractors, such as distributors appointed by Kubota Europe to help it provide Kubota Europe products and services including the services offered via the Website or related. Kubota may, from time to time, transfer your personal data to entities located outside the European Economic Area, some of which may have laws on personal data protection that differ from those of the EU and/or France, or no data protection law.
5.5 Users’ rights regarding their personal data.
(a) In accordance with French Act No. 78-17 of 6 January 1978 on Data Protection, amended by Act No. 2004-81 of 6 August 2004, the User has:
(i) a right of access to his personal data processed by Kubota Europe
(ii) a right to correct, update and delete personal data
(iii) the right to object, for legitimate reasons, to his personal data being processed;
(iv) the right to object, without charge, to his personal data being used for prospecting purposes, including in particular commercial purposes, by Kubota Europe or any third party designated by Kubota Europe.
(b) The User may exercise his rights by contacting Kubota Europe by email at the following address: email@example.com
(c) In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specifying the address where the response must be sent to you.
6.1 Kubota Europe may use “cookies” when the User accesses the Website in particular to prevent the User from having to re-enter information on different occasions.
6.2 To the extent that you have provided your personal data, including your email address, during your registration or your access to the Website or any of our services, Kubota Europe may, subject to your choices, associate browsing information for your device, processed by the cookies that Kubota Europe emits, with your personal data to send you, for example, electronic surveys or to display on your device, in advertising space containing cookies that Kubota Europe emits, personalised advertising that is specifically intended for you, and may be of personal interest to you.
6.3 If you do not wish to receive cookies, you can change the settings of your computer and your browser.
7. KUBOTA EUROPE’S LIMITATION OF LIABILITY
7.1 The User is solely liable for his use of the Website and the services that he accesses from the Website.
7.2 Kubota Europe shall not under any circumstances be liable in the scope of proceedings brought against the User who may be found liable for improper use of the Website and/or any service offered on the Website.
7.3 The User acknowledges and accepts in this respect that he will be personally liable for any claim or proceedings brought against Kubota Europe due to his improper use of the Website or any service offered on the Website.
7.4 Kubota Europe does not warrant the conclusion of contractual relations between the User and Kubota Europe licensees as mentioned on the Website or the reliability and relevance of information provided by Kubota Europe licensees to the User. Kubota Europe shall not be liable if the products displayed on the Website are not available with licensees.
7.5 Kubota Europe shall not be liable:
(a) In case of unavailability of the Website and any service offered on the Website for reasons such as the shutdown of the public power grid, the failure of cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, including one of the Users, caused in particular by strikes, storms, earthquakes or any other cause having the characteristics of force majeure as interpreted by the French courts;
(b) If the Website content and any service accessible via the Website is used by a User in conditions that do not comply with these Terms;
(c) Kubota Europe cannot be held liable for any malfunction of any kind relating to the User’s hardware and her/his Internet connection when accessing the Website and or services offered on the Website.
7.6 The information on the Website does not constitute under any circumstances Kubota Europe’s commitment to a given level of guarantee, performance, availability or satisfaction of the displayed products.
7.7 To the fullest extent permitted by applicable law: Kubota Europe shall under no circumstances be held liable for any direct or indirect damage, including in particular, loss of profits, data or other intangible losses, arising from (i) the use or inability to use the Website, the services offered by the Website or the content of the Website; (ii) any transaction conducted through or facilitated by the Website; (iii) any claim attributable to errors, omissions, or other inaccuracies contained on the Website and an element of its content or the services offered by the Website; (iv) unauthorised access to, or alteration of your transmissions or data; or (v) any other matter relating to the Website and elements of its content or services offered by the Website, even if Kubota Europe has been advised of the possibility of such damages.
7.8 Kubota Europe reserves the right to refuse all or part of the access to the Website or the services offered by the Website to any User for any reason, at any time and at its sole discretion. The User accepts that Kubota Europe may block the IP address or addresses of the User at any time, without notice and at its sole discretion to refuse the continued use of the Website by the User. Kubota Europe reserves the right to take any action it deems appropriate, at its sole discretion, against breaches of the Terms, and expressly reserves all rights and remedies available.
8. FORCE MAJEURE
The liability of Kubota Europe cannot be sought if the performance of one of its obligations is prevented or delayed by an event of force majeure as defined by the French courts, including, but not limited to, natural disasters, fire, malfunction or interruption of the telecommunications network or the power grid, attack, strikes, or wars.
9. USER WARRANTIES
9.1 By accessing the Website of Kubota Europe, the User represents, warrants and agrees to:
(a) Access the Website and related services in good faith in accordance with these Terms and only for personal use and not for commercial purposes;
(b) Not to try to damage, hack, reverse engineer or otherwise interfere (collectively, “Interfere”) with the Website in any manner whatsoever. If you Interfere in any way with the Website, you agree to pay all damages that Kubota Europe could incur;
(c) Not to access and/or use the Website and any service provided by the Website for illicit purposes and/or for the purpose of harming the reputation and image of Kubota Europe, or more generally to infringe the rights, including the intellectual property rights of Kubota Europe or any third party;
(d) Not to use any part of the Website and the services it offers, especially for commercial and/or personal purposes, in a form and/or a medium not expressly authorised by Kubota Europe;
(e) Not to market, directly or indirectly, the access to the Website and the services it offers;
(f) Not to reproduce or represent all or part of the Website for private purposes beyond the exceptions permitted by law, or for direct or indirect marketing in particular to third parties;
(g) Not to restrict the access to, or the use of the Website and/or services available via the Website;
(h) Not to change, including in the buffer or temporary memory, any notice or element of the content of the Website and/or services available via the Website;
(i) Not to contravene the legal provisions relating to “hacking;”
9.2 In the event of breach of one or more of these provisions, and without this list being exhaustive, the User acknowledges and accepts that Kubota Europe shall have the right to refuse, unilaterally and without prior notice, access to all or part of the Website.
10.1 Entire agreement – Titles
The Terms constitute the entire agreement between Kubota Europe and the User relating to the use of the Website and the services offered on it and supersede any agreement having the same purpose that may have existed previously between the User and Kubota Europe.
The failure of either party not to claim a breach by the other party to any of the obligations set forth herein shall not be construed in the future as a waiver of the obligation in question.
In case of difficulties in interpretation between any of the titles at the beginning of the clauses of these Terms and any of the clauses, the titles will be declared non-existent.
In the event that one or more provisions of the Terms would be considered null, deemed unwritten or declared as such pursuant to any law, regulation or following a decision of a competent jurisdiction having authority res judicata with no right of appeal, the other provisions shall remain in full force and effect and remain fully applicable.
10.3 Applicable law and dispute resolution
These Terms are governed by French law. In the event of a dispute regarding the application, interpretation, validity and implementation of the Terms, and failing amicable agreement between the parties, jurisdiction is given to the French courts.