Terms and conditions of use, 06/2014

1. Validity

Use of the web pages ("SEW web pages") of SEW-EURODRIVE (NZ) Limited ("SEW") and/or its parent company, SEW-EURODRIVE GmbH & Co KG is subject to these terms and conditions. You will be deemed to have accepted these terms when you use this website, and / or register as per clause 2 below.

2. Registration

In the interests of security, certain SEW web pages are password-protected and are therefore accessible to registered users only. Certain SEW web pages require authorisation, and are therefore restricted to users with authorisation from SEW. SEW expressly reserves the right to exclude users from registration without explanation. SEW also reserves the right to revoke access rights by blocking log-in data without providing any explanation, especially if the user submits incorrect information when registering or is no longer authorised to use password-protected and/or authorisation-only SEW web pages, contravenes applicable legislation, or neglects his/her duty of care when handling log-in data.

The user is obliged to provide complete and accurate information when registering and must immediately notify SEW of any subsequent changes to this information. The user registers by providing his/her name and e-mail address, and selecting a password. SEW then sends an e-mail containing an confirmation link to the e-mail address supplied by the user during registration. Access to password-protected pages is activated when the user clicks the confirmation link, thereby verifying that he/she is the owner of the e-mail address submitted during registration. The user takes care to ensure that he/she receives the e-mails sent to the provided e-mail address.

3. User's Rights and Obligations

If both parties have agreed to it, a simple, non-exclusive and non-transferable license will be issued for information and software SEW provides for downloading. If there has been no agreement, any downloading by the user is subject to SEW's terms and conditions of use..

The user has no claim regarding access to source code when being provided with software. Exception: Source code of open source software whose licensing terms and conditions mandate access to source code, if they take priority over these terms and conditions. In such a case, SEW will allow access to the source code providing the user bears the associated costs of SEW doing so.

The user agrees to ensure that third parties will have no access to SEW's information, software, documentation or to user data which is provided for the registration process. The user is not permitted to sell or rent to third parties SEW's information, software, documentation or user data, or provide these in any other manner. Unless otherwise permitted by law, the user may not modify the software or its documentation, undertakes reverse engineering or a reverse translation, or takes excerpts from it. The user may make a backup copy of the software if such a copy is necessary for future use as a backup on the basis of these terms and conditions of use.

The user assumes liability and responsibility for all orders and other activities performed via his/her user data. If the user learns that third parties are making improper use of his/her user data, he/she is obliged to immediately notify SEW of this in writing (or provide advance notification via e-mail). After receiving this notification, SEW has the right to block access to the password-protected area linked to this user data.

The user may at any time demand the deletion of his/her registration by giving notice in writing, and this will be implemented by SEW, except to the extent that deletion would conflict with the processing of current contractual matters between SEW and the user. With this exception, SEW will delete all of the user's user data and all other person-related data stored by SEW when requested to do so by the user.

SEW reserves the right to block the user from having access to SEW web pages, especially if the user contravenes his/her obligations as described in these terms and conditions.

The user is prohibited from doing the following when using SEW web pages:

  • Inflicting damage on a person or infringing their personal rights;
  • Infringing commercial protection rights, copyright or other ownership rights;
  • Transmitting content with viruses or other types of programming which can damage software;
  • Acting in contravention of the Illegal Contracts Act 1970 (NZ);
  • Illicitly entering, storing or sending hyperlinks or contents, in particular if these hyperlinks and contents contravene confidentiality obligations or are illegal, or
  • Sending spam e-mails, advertisements or incorrect warnings regarding viruses, errors or similar, or inviting to participation in sweepstakes, lotteries, games of chance, pyramid schemes, chain mails or similar activities

4. Intellectual Property

The information, software, documentation, texts, images, charts, sound files, video files, animation files and other files (henceforth: "materials") on SEW web pages are subject to copyright protection in accordance with the Copyright Act 1994. SEW reserves all rights to these materials. The user is to respect these rights.

Total or partial reproduction, dissemination, transferal, modification or use of SEW web pages (in electronic or other form) for public or commercial purposes is prohibited without advance permission by SEW. This also applies to brands and trademarks, nameplates and company logos which belong to SEW.

In addition to the rights expressly granted in these terms and conditions of use, SEW grants the user no other rights of any kind when providing materials and SEW web pages. This applies in particular to copyright, company names, industrial property rights such as patents, utility patents, designs and brands. Nor is SEW obliged to concede such rights.

5. References and Links

SEW web pages contain links to other web pages. SEW believes that linked web pages were free of illegal content at the point in time when the link was created. SEW has no influence over the current and future design and content of the linked and/or referenced web pages. In this respect SEW does not warrant, and assumes no liability for the correctness, completeness or quality of the information contained in these web pages, or its currency. SEW hereby distances itself from all of the contents of any web page which has been modified after a link has been created. This applies to all links from SEW web pages to external web pages and their contents.

6. Online Contents and Liability

SEW provides certain information and services on SEW web pages. SEW reserves the right to change, augment or delete parts or all of the SEW web pages without prior notification; SEW also reserves the right to suspend the availability of information either temporarily or completely.

SEW accepts no responsibility, assumes no liability for, and gives no warranty in respect of the continuous availability of SEW web pages or the possible presence of viruses on them. For the safety of the user and of SEW web pages, the user is obliged to undertake the appropriate safety precautions before downloading materials.

If materials are provided free of charge via SEW web pages, SEW accepts no responsibility, assumes no liability, and gives no warranty in respect of defects as to quality or title. In particular, when it comes to information, software and documentation, SEW accepts no responsibility, assumes no liability, and gives no warranty in respect of correctness, accuracy, freedom from the copyright of third parties, completeness and/or right of use.

The materials on SEW web pages may contain specifications or general descriptions of products' technical capacities which are not necessarily present in some specific cases. This includes the specifications of products which have been modified to suit any particular customer's requirements (product modification). The materials provided are non-binding and do not represent offers in legal terms. The desired performance characteristics of any product will therefore be subject to agreement during purchase in specific cases, including cases involving product modification.

SEW assumes no liability to the user, or to any third party claiming through the user, except to the extent liability cannot be limited by disclaimer or contract under New Zealand law, for example where the Consumer Guarantees Act 1993 applies.

7. Export Restrictions

Access to and forwarding of the materials provided by SEW web pages is permitted only if the user ensures compliance with the export regulations which are applicable in New Zealand and the recipient country. If not, SEW reserves the right to deny access to SEW web pages and their contents.

8. Final Provisions

These terms and conditions will be subject to any subsequent variation. Any variation to this agreement must be recorded in writing. If any part of this document does not comply with New Zealand law, the contents and validity of the remaining parts of this document remain unaffected.

The place of jurisdiction is New Zealand. New Zealand law applies.