Conditions of Use
Please read these terms and conditions of use and services carefully. By using the services described herein, you agree these general and specific terms and conditions applicable to such services.
If you do not accept the above-mentioned terms, do not use Turbomeca' site.
Each service contains proprietary information of Turbomeca or of its licensor or clients and/or confidential information that is protected by applicable intellectual property and other laws. Furthermore, Content contained in advertisements presented through the Turbomeca.com site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Turbomeca or advertisers, the user agrees not to modify, rent, transmit, lease, loan, sell, distribute or create derivative works based on the service or the Content, in whole or in part, except for the user's own Content.
The user shall not reproduce, resell or exploit for any commercial purposes or for free any portion of a service, the use of the service or the access to the services. In particular, the user is prohibited to create any link with the services.
Turbomeca, Turbomeca Group, the Turbomeca logo and the products and services described in Turbomeca.co.uk are either trademarks, trade names or service marks of Turbomeca and its affiliates and licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of Turbomeca or their owners.
General practices regarding use and storage
Turbomeca may establish general practices and limits concerning the use of the services, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the service, the maximum number of email messages that may be sent from or received by an account on the service, the maximum size of any e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allowed on Turbomeca's servers on the user's behalf, and the maximum number of times (and the maximum duration for which) the user may access the site in a given period of time.
Turbomeca has no responsibility or liability for any possible consequences due to the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the service. Each user undertakes to make, on a regular basis, a backup copy of its data and Content and to store the backup medium within appropriate conditions, pursuant to the professional standards.
Turbomeca reserves the right to log off accounts that are inactive for an extended period of time. Turbomeca reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modification of services
Turbomeca reserves the right at any time to modify, with a fifteen (15) days prior notice in the event of substantial modification, a service (or any part thereof). Turbomeca will perform any outstanding services. Turbomeca shall not be liable for any substantial modification of one or several services. In the event of substantial modification of a service, the user may terminate such service within a fifteen (15) days from the date of the notice. Turbomeca shall not be liable in the event of such modification of one or several services.
Suspension and discontinuance
Turbomeca reserves the right to suspend or discontinue immediately a service (or any part thereof) in the event of material event such as, without limitation, if the user infringes applicable laws and regulations or if the user disturbs the quality of a service.
Termination
In the event of a breach of the GTS and/or SCS by the user, not remedied within thirty (30) days from the date of Turbomeca's registered notice to such effect specifying the breach, Turbomeca will be entitled to terminate automatically the use of any part or of all services or account, remove and discard any Content within the service and/or password, without prejudice to any damages that Turbomeca might claim.
Links
The site may provide links to third parties World Wide Web sites. As Turbomeca has no control over such third party web sites, Turbomeca i not responsible for the availability of such sites, and does not endorse and is liable for any Content, advertising, products, or other materials on or available from such sites or for any transactions contemplated through such web sites or Turbomeca is not responsible for any damage or loss caused or alleged to be caused by or in connection therewith use of or reliance on any such Content, goods or services available on or through any such site.
Any correspondence or business dealings with advertisers or third parties found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser/third parties. The user agrees that Turbomeca shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers/third parties on the site.
Turbomeca is not responsible for the security practices or the content of other Web sites. Turbomeca recommends referring to the policies of the respective sites.
Disclaimer of warranties
The service is provided on an "as is" and "as available" basis.
Turbomeca makes no warranty that:
· the service will meet some user's specific needs;
· the service will be uninterrupted, or error-free;
· the quality of any products, services, information, or other material purchased or obtained by the user through the service will meet his expectations.
Limitation of liability
Under no circumstances, Turbomeca shall be responsible for any indirect, special, incidental, consequential or exemplary damages such as bus not limited to loss of profits, loss of business, loss of revenue, even if the parties have been advised of the possibility of such damages, and for third party claims against the user.
In the event direct damages arise in connection with the performance of the services, Turbomeca shall not be liable to a user for an amount greater having then been paid by the said user to Turbomeca for the service that caused the damage, except in the event of wilful misconduct of Turbomeca.
Turbomeca shall in no event be held responsible for loss or damage to the elements which are entrusted to it by the user, such as files, data, programs, documentation, the user being responsible to take all necessary precautions and in particular backup measures against the risks of loss or accident.
Notice
Notices made by Turbomeca may be made via either e-mail or regular mail or via the site.
General information
The entire agreement between the user and Turbomeca will govern the use of the service by the user, except any expressed written agreement executed between Turbomeca and the user. The user may also be subject to additional terms and conditions that may apply when the user uses affiliate services, third-party content or third-party software.
When the GTS and/or SCS are determined as an international contract, they are governed by French law and both parties agree to submit to the exclusive jurisdiction of the Tribunal of Commerce of Paris, France. In the event these conditions are not determined as an international contract, they are governed by the local law and submitted to the exclusive jurisdiction of the court where the applicable Snema legal entity is duly registered or to the exclusive jurisdiction of the Tribunal of Commerce of Paris, Paris.
The failure of one of the parties to exercise or enforce any right or provision of the GTS or SCS shall not constitute a waiver of such right or provision. If any provision of the GTS or SCS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the GTS or SCS remain in full force and effect. The user agrees that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the service or the GTS or SCS must be filed within two (2) years after such claim or cause of action arose or be forever barred. The parties acknowledge that Turbomeca designates the entity which invoices the concerned service. The identification of this entity will be mentioned on the bills Tent to the user for the aforesaid service. The parties agree that the elements provided by Turbomeca as evidence will be considered as acceptable means of evidence unless determined otherwise by a contradictory evidence.
