Hilti may revise these terms and conditions at any time by updating this posting any changes to these terms and conditions will be effective immediately when they are posted on the Web Site. You should visit this page periodically to review the terms and conditions because they are binding by you.
Hilti reserves the right to modify, add or change the Web Site and/or the Policies in order to keep this Web Site up to date. Any such changes will be effective immediately when posted on the Web Site. It is your responsibility as a User of the Web Site to ensure that you are aware of any such changes and you will be deemed to have accepted them if you access the Web Site after any changes have been made.
By using the Web Site you are indicating your agreement with the following sections:
A. Access and Information
1. Your access is limited to viewing and downloading information contained on the Web Site solely for legitimate business purposes. Any access or attempt to access other Hilti computer systems or other information contained on Hilti systems without Hilti's consent for any reason is prohibited. You agree not to use any information contained on this Web Site for other than legitimate business purposes. If you violate the terms of this Agreement, your permission to use the Materials automatically terminates and you agree to immediately destroy any copies you have made of the Materials.
2. The use of the Web Site, the contents of the Web Site, such as text, data, graphics, images, photographs, and other information whether relating to products or otherwise ("Materials"), are protected by copyright under both Irish and foreign laws. Use of the Materials is entirely at your own risk. Hilti makes no representations that information or materials on the Web Site are appropriate or available for use in [all locations].
B. Hilti's Responsibilities
1. All data and calculations (incl. drawings) itemized on the Web Site are for the User's guidance only. All such data and calculations are based upon the principles, formulas and safety factors set out in the Hilti technical instructions, the operating manuals, the setting manuals, and the installation manuals as may be amended from time to time. Any values therein are based on the respective average values obtained during the product testing phases. Due to variations in the instructions and manuals, on-location testing must be performed to determine performance at any specific location.
2. Any modification of this data or calculations (incl. drawings) by the User without Hilti's consent or knowledge could result in an application not fulfilling the requirements of health and safety or other legislation. The User agrees to fully indemnify and hold harmless Hilti from all claims relating to loss or damage suffered by any party resulting from modifications made by the User to data or calculations (including drawings) on the Web site without the written consent of an authorised representative of Hilti.
3. The Web Site has been designed in such a way so as to give a specific type of result for guidance purposes only and based on the data that has been entered by the User. It remains the responsibility of the User and/or engineer responsible for a specific project to check these results before use and to ensure that these results are suitable for the intended specific application of the results by the User.
4. All information and User programs provided on this Web Site are only aids without any guarantee as to their validity or for the accuracy of any calculation in a specific application.
5. Notwithstanding anything contrary, Hilti's liability to any user for personal injury or death caused by its negligence or fraud is not limited. However, and whether or not Hilti has been advised of the possibility of such loss, Hilti shall not be liable in contract, tort or otherwise (including any liability for negligence) howsoever arising for any claim, damage, loss or costs in respect of:
(i) any losses special to any User of the Web Site, any direct loss of profits, any direct loss of turnover and/or any direct loss of revenue; and
(ii) any indirect or consequential loss or damage howsoever caused including without limitation any losses special to the User of the Web Site, any loss of profits, loss of turnover, loss of revenue, loss of business and/or loss of data and for the avoidance of doubt, the sub-clauses in this section are intended and agreed by the User to be severable.
6. The Materials posted on the Web Site may contain inaccuracies or typographical errors. Hilti makes no representations about the accuracy, reliability, completeness or timeliness of the material or about the results to be obtained from using the Web Site. All Materials posted on this Web site are "as is" and without warranties express or implied. Other than in relation to the warranties of the right to pass title and to grant quiet possession under Clauses 12(1)(a) and 12 (1)(b) of the Sale of Goods and Supply of Services Act 1980, Hilti disclaims all warranties including the implied warranty of merchantability and fitness for a particular purpose. Hilti does not warrant that functions contained on the Web Site will be uninterrupted or error-free, that defects will be corrected, or that the Web Site or the relevant server are free of viruses or other harmful components. If your use of the Web Site or the Materials results in the need for servicing or replacing equipment or data, Hilti is not responsible for those costs.
C. User's Responsibilities
1. You acknowledge that your use of any Hilti Web Site is for legitimate business purposes only and that you will not use the Web Site as a consumer.
2. Hilti is not engaged in rendering engineering or other professional services. If engineering or other expert assistance is required, the services of a competent professional person should be sought.
3. Given section C2 above, you assume all responsibilities and obligations with respect to your selection of Hilti products to achieve intended results.
4. As all Materials on the Web Site is for guidance only, you assume all responsibilities and obligations with respect to any advice which you may give to a third party without Hilti's written consent in advance in relation to any Hilti product.
5. You may only use this site for lawful purposes. You must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by any Intellectual Property Rights of a third party.
6. Generally, any communication which you post to the Site is considered to be non-confidential. Do not post any personal information or confidential information on this Site unless you agree to have it accessed over the Internet.
7. You agree to provide true, accurate, current and complete information which you are required to provide when you register as a User of the Web Site.
8. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to give.
9. You agree and confirm that you are the authorised holder of any credit / debit card you may use.
10. You agree to notify us immediately of any changes to the User information.
11. In the interests of all our users, Hilti will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of our systems or network.
D. Intellectual Property Rights
1. The Web Site and the Materials contains Intellectual Property Rights which belong wholly to Hilti Corp and/or its licensors. For the purposes of this Agreement, Intellectual Property Rights means any patents, trade marks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright (including copyright in computer programs), database rights, domain names, know-how, trade or business names and other similar rights or obligations whether registrable or not in any country (included but not limited to the UK).
2. Copyright in the whole and every part of the Web Site including the look and feel belongs to Hilti and/or its licensors and all such copyright may not be used, sold, copied or reproduced in whole or part in any manner or in any media to any person without the prior written consent of Hilti.
3. The User expressly acknowledges that all Intellectual Property Rights on the Web Site belong to Hilti and/or its licensors, and that any User of the Web Site gains no right, title or interest in or to such Intellectual Property Rights. Hilti permits the use of the content of the Web Site as expressly set out in this Agreement for legitimate business purposes but in no event shall any User otherwise copy, reproduce, distribute, transmit, upload, download, store, alter, modify or display any content of the Web Site without Hilti's consent or in such manner as would be prejudicial to Hilti's business interests.
4. In the event that you download software from the Web Site, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the "Software"), the Software is licensed to you by Hilti or its Licensors as appropriate. You own the medium on which the Software is recorded, but Hilti and/or its licensors retains full and complete title to the Software and all Intellectual Property Rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable from except as permitted by law. You agree to be bound by the terms of any licence agreement governing the use of the Software.
E. Security, User Identification and Password Protection
1. Hilti user identification and passwords shall be maintained as personal and confidential. Transferring or sharing assigned user identification and password information is strictly prohibited. Any violation of this prohibition shall result in immediate termination of access to the Web Site as well as liability to Hilti for any damage or loss suffered by any party due to such breach. It is your sole responsibility to protect your password from unauthorized use. Therefore, you may be responsible for any charges allocated to your user identification and password unless it is proven that such charges arose from any fault of Hilti or through no fault of your own.
2. Hilti will use all reasonable means to protect the Web Site from any breaches of security including illegal entry by hackers and/or users of the Web Site who act in a manner which is prejudicial to Hilti's interests. However Hilti shall bear no liability to any user for:
(i) the acts and/or omissions of any hacker or unauthorised user on the Web Site;
(ii) any content on the Web Site which has been placed by any hackers or users of the Web Site and which may contain data or information which is obscene, defamatory, indecent or otherwise unlawful; and
(iii) any acts or omissions of any users and/or hackers which may infringe the Intellectual Property Rights of any third party.
3. Hilti reserves the right to terminate User registration if any User information is untrue, inaccurate, out-of-date or incomplete.
1. The User may find that the Web Site is linked to or from other web sites through hypertext links or other computer links. If the User decides to double click on any of the links contained on the Web Site, it will leave this Web Site. Hilti, as provider of this Web Site, will bear no liability to any user nor endorse nor take any responsibility for the contents, graphics, data and/or any other information on the site to which the User will be transferring.
2. User's correspondence with or participation in, or dealings with, third party vendors including promotions of advertisers found through the Web Site and payment and delivery of goods or services, are solely between User and such vendors. The third party vendor terms and conditions of sale shall apply to the purchase of any merchandise. Hilti is not a party to the vendor terms between you and the applicable vendor. By your use of the retail facilities of the vendors linked to the Web Site, and by agreeing to be bound with the vendor by the vendor terms, you acknowledge that the vendors (and not Hilti) are solely responsible for the security of their web sites, the fulfilment of orders for merchandise and for the quality, suitability and fitness for purpose of any goods or services purchased.
Any disputes or questions relating to merchandise or fulfilment on delivery thereof and its quality, suitability and fitness for purpose shall be directed to the vendors and you acknowledge that Hilti shall have no responsibility, obligations or liability in relation to such merchandise.
G. Standard Transactions
You acknowledge and agree that when you purchase Hilti products or services through the Web Site Hilti's standard terms and conditions shall apply to all transactions.
3. It is your responsibility to ensure that the information which we hold about you is up to date and accurate.
Any prices contained on the Web Site do not include sales, use, excise or similar taxes. You agree to pay any sales, use, excise or similar tax connected with your purchase of Hilti products, or to provide Hilti with tax exemption certificates acceptable to taxing authorities.
This Access Agreement shall be governed by the laws of Ireland. The user and Hilti hereby submit to the exclusive jurisdiction of the Irish courts.
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