DISCLAIMER
Delkor Technik B.V disclaims all liability for any loss, damage, injury or expense however caused, arising from the use of or reliance upon, in any manner, the information provided throughout this web site and does not warrant the truth, accuracy or completeness of the information provided. The onus rest with the user to verify the accuracy of any information obtained via this web site.
TERMS AND CONDITIONS:
In these Terms and Conditions "Delkor" shall mean Delkor Technik B.V and any and all companies or bodies corporate in which Delkor Technik B.V. owns either directly or indirectly.
In these Terms and Conditions "Delkor Website" shall mean the hyperlink
www.delkorglobal.com and all hyperlinks to other websites of Delkor as well as the Delkor intranet and any and all electronic mail generated by and through Delkor and any and all employees, agents, contractors and consultants of Delkor.
In these Terms and Conditions "User" shall mean any person or other third party including but not limited to all clients, suppliers, employees, agents, contractors and consultants of Delkor who access or use the Delkor Website.
Any User of the Delkor website shall be bound by the following terms and conditions. By accessing the Delkor Website the User accepts these terms and conditions and undertakes to be bound thereby:
1. Delkor accepts no responsibility for any loss or damage of whatsoever nature that maybe caused or brought about, directly or indirectly, by the use of the Delkor Website or reliance on any information contained therein and Delkor disclaims all liability for any loss, damage, injury or expense however caused, arising from the use of or reliance upon, in any manner, the information provided throughout the Delkor Website and does not warrant the truth, accuracy, correctness or completeness of the information provided. The onus rest with the User to verify the accuracy, completeness or correctness of any information obtained. Especially Delkor disclaims all and any liability, injury, loss or damage suffered as a result of:
1.1 errors or discrepancies in any information provided;
1.2 any unauthorised access of the Delkor Website by third parties;
1.3 any breakdown or failure of any equipment or medium of access to the Delkor Website;
1.4 any failure or unavailability of any of Delkor's or any third parties’ facilities or systems resulting in the inability to access the Delkor Website or process any transaction referred to or offered on the Delkor Website;
1.5 any alteration, modification, upgrade or update of the Delkor Website or any technology, hardware or software modification that may form part of the Delkor Website.
2. Any User who accesses or uses the Delkor Website hereby indemnifies Delkor against any demand, claim or action against Delkor or any director, employee, agent, contractor or consultant relating to or in connection with any loss, damage, injury or expense whether directly or indirectly for any reason whatsoever due to the User’s use or accessing of the Delkor Website or use or reliance upon any information provided throughout the Delkor Website.
3. Delkor reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend, change, add, remove or withdraw any material or information in or from the Delkor Website at any time without notice and shall not be liable for any loss, damage, injury or expense whether directly or indirectly resulting thereform.
4. Unless expressly stated to the contrary Delkor owns the intellectual property rights in and to the Delkor Website and all information contained thereto and access to the Delkor Website and all information contained thereto shall not be construed as granting to the User any rights, whether expressed or implied by license or otherwise on the matters, inventions or discoveries to which the information pertains or any copyright, trademark or trade secret rights or any other form of intellectual property rights.
5. The User undertakes not to copy or translate for commercial use, reproduce, adapt, vary or modify any material or information in the Delkor Website without the express written consent of Delkor.
6. The User undertakes to ensure its employees, subcontractors and other agents (if any) who have authorised access to the Delkor Website is made aware of and comply with these terms and conditions.
7. Delkor does not warrant that the functions contained in the Delkor Website or any third-party websites accessed through the Delkor Website will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Delkor Website and other third-party websites are free of viruses or other harmful components. The contents of the Delkor Website are provided without any express or implied warranty of any kind whatsoever and in particular, Delkor does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free. To the extent permitted by law, all implied terms are excluded. If any statute implies terms to these terms and conditions, which cannot be lawfully excluded, Delkor's liability for breach of any such implied term will be limited, at the option of Delkor, to any one or more of the following:
• The replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
• The repair of such goods or services;
• The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
• The payment of the cost of having the goods repaired or the services performed again.
Notwithstanding any of these terms and conditions Delkor shall, under no circumstances be liable to the User or any other third party for any consequential, special or any direct or indirect losses or damages such as, but not limited to, loss of product, loss of production, loss of feedstock, loss of revenue, loss of utilities, or loss of contract and the like. For the purposes hereof, consequential, special or direct or indirect losses or damages shall mean any special, consequential or any direct or indirect losses or damages of whatsoever nature whether within the contemplation of the parties at any time or not.
8. The User agrees that unless otherwise specified, all information, products, and services are for the User's personal and non-commercial use only. The User undertakes not to:
• reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the contents on the Delkor Website without the prior written permission of Delkor;
• decompile, reverse engineer, or disassemble the Delkor Website, a linked web site, or software;
• post on or transmit to the Delkor Website content of an unlawful nature, for example: (a) contents that is threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) that could damage Delkor's image or ability to do business;
• use the Delkor Website in a manner that could damage, disable, overburden, or impair any server, or network connected to any Delkor server, or interfere with any other party's use of the Delkor Website;
• gain unauthorised access to information from the Delkor Website, a Delkor server, or a network connected to a Delkor server – through hacking, password mining, or any other means;
• create a link on another website to the Delkor Website or any of its pages without Delkor's prior written permission;
• frame the Delkor Website or any of its pages without Delkor's prior written permission.
9. The User acknowledges that the Delkor Website may contain hyperlinks to other websites operated by third parties and the User accepts that Delkor has no control over, and is not responsible for, any material contained on any third-party websites and that the User is required to comply with all conditions of use of such third party's website. The User is prohibited from placing a link to the Delkor Website without the prior written consent of Delkor and on terms satisfactory to Delkor.
10. The User acknowledges that all electronic messages and any attachments relating to the official business of Delkor are proprietary to Delkor and that such electronic messages are confidential, legally privileged and protected by law. The User agrees that all views and opinions are those of the sender and do not represent Delkor's views and opinions nor constitute any commitment by or obligation on Delkor unless otherwise stated or agreed to in writing by Delkor. The person addressed in any electronic message is the sole authorised recipient and any person who have received an electronic message in error, is obliged to delete it immediately and to notify the sender that it has unintentionally reached such recipient and such recipient is not permitted to and must not disclose, distribute, or retain said electronic message. The User may not use or disclose the contents of any electronic message to any other person. Delkor cannot assure that the integrity of any electronic communication has been maintained, nor that it is free of errors, viruses, interception, tampering or interference and Delkor therefore does not accept liability or legal responsibility for the contents of any electronic message, nor its non-delivery or incorrect delivery for whatever reason, nor its effect on electronic devices or its transmission in an unencrypted medium. Unless the intention to contract has been expressly manifested in an electronic message, the message shall not be construed as a solicitation to contract nor an offer or acceptance of contractual obligations by or on behalf of Delkor.
11. The User acknowledges that an electronic message is not necessarily secure or error free as information could arrive late or contain viruses or could be incomplete, intercepted, tampered, interfered, corrupted, lost, or destroyed. It is the responsibility of the named recipient(s) to ensure that emails are virus free and the information contained complete, accurate and correct. If any electronic message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender's scope of employment with Delkor and only the sender can be held liable in his/her personal capacity. This disclaimer applies to the original message, any attachments and all subsequent messages or attachments that may be sent from a Delkor server.
12. Delkor reserves the right to monitor, access, intercept, or block electronic messages addressed to any Delkor addressees in accordance with Delkor's Information Technology Abuse Policy, as it applies from time to time.
13. In order to provide the User access to or with any service in this Delkor Website, Delkor may require that the User provides Delkor with personal identifiable information. "Personal identifiable information" is information that can be used uniquely to identify the User, such as the User's name, mailing address, e-mail address, telephone numbers and other personal information. The User agrees that Delkor may have to share the User's personal identifiable information with other companies or entities (third parties) with which Delkor has a business relationship in order to provide any required information or service. If the Delkor Website is used to search for and apply for a job, all information accessed by or supplied by the User is subject to these terms and conditions.
14. The User agrees to indemnify and hold harmless Delkor and its respective directors, officers, employees, agents, licensors, suppliers, and any third party from and against all liabilities, damages, claims, losses, costs and expenses (including attorney-and own client costs), resulting from any violation or breach of these terms and conditions by the User.
15. Failure or neglect by Delkor to enforce at any time any of the provisions of these terms and conditions shall not be construed or deemed to be a waiver of any rights of Delkor.
16. These are the current terms and conditions and Delkor may at any time vary and amend the terms and conditions by publishing the varied Terms and Conditions of Use on the Delkor Website and the User accepts that by such publication Delkor has provided the User with sufficient notice of the variation and amendment. It is the User's responsibility to familiarise itself with the current terms and conditions each time the User visits the Delkor Website.