Conditions of use

for the internet portal "MyNORD" of Nord Gear Ltd

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

terms_of_use_myNORD

Article 1 Internet portal "myNORD"

(1) These terms set out the terms of use on which you may make use of our internet portal myNORD at "https://www.nord.com" (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site. As a registered user, you may also generate offer enquiries and/or place orders with us.

(2) By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

(3) You may learn about our products, configure them and edit, save and print the configuration. In addition, approved and registered users may make offer enquiries and/or place orders via this site.

(4) In order to become a registered user on this site, , you will be required to provide us with the additional information as requested, and as deemed necessary for expedient and smooth order processing. Therefore, pages related to offer enquiries or orders are only accessible to registered users of the internet portal who meet the registration conditions set out in section 4 of these conditions of use.

Article 2 Scope of Terms

(1) These conditions of use for the utilisation of the internet portal apply to all users of the internet portal. For orders by registered and approved users, the "General terms and conditions of NORD Gear Ltd" also apply which are available at the website www.nord.com for viewing, saving and printing at any time.

(2) Furthermore, the use of this internet portal is only permitted on the basis of these conditions of use. We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

(3) Our internet portal has been created for the territory of the United Kingdom and Ireland on the basis of English law. We do not, therefore, accept liability as to whether the internet portal is suitable, usable or legally permissible for users from other countries.

Article 3 Content and availability of the internet portal and our products

(1) Although we make reasonable efforts to update the information (including any prices) on our site from time to time, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We also have the right, at our sole discretion, to restrict, delete or temporarily or permanently cease publication of all areas of the internet portal or parts thereof.

(2) We do not guarantee that our site, or any content on it, will always be available or be uninterrupted and free from errors or omissions. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

(3) You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

(4) We do not guarantee that the site will be free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You must take appropriate security measures for your own protection and the protection of our site before downloading materials. You should use your own virus protection software.

(5) The presentation and configuration option for the products on our site does not imply a binding offer by us. Rather, it is an invitation to you to submit a binding offer. The tooltips and information buttons (ie. help functions) can be opened in the configurator and are product-related. They do not replace advice about the suitability of the respective product for the use intended by you. Therefore, you are advised to seek expert advice, or additionally make contact with one of our team if you have any queries regarding the products.

Article 4 Registration and approval

(1) Some areas of the internet portal are only accessible to registered users. Other areas of the internet portal are subject to approval and thus only accessible to approved users.

(2) You may request registration from us via our website by submitting your name, email address and a freely selectable password. If your submission is approved, you will receive a confirmation of receipt by email with a confirmation link to the email address specified by you. Once you have confirmed this link, you can use the password-protected area as a registered user. You must truthfully provide the data required for registration and notify us of any subsequent changes without delay.

(3) We reserve the right to decline or revoke any registration issued at any time. For example, this may be the case if we detect that you have provided incomplete or incorrect data which is required for registration, or if you breach these terms and conditions of use.

(4) You must keep your access data, and in particular your password, confidential and you must not disclose it to any third party. We have the right to disable any user identification or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

(5) If you know or suspect that anyone other than you knows your user identification or password, you must promptly notify us at GB-MyNord@nord.com .

(6) A separate approval is required for the price-relevant area of the internet portal. This is issued in each case after separate consultation with us. The above-mentioned provisions of clauses (3) and (4) apply accordingly.

(7) Your data is required for approval and will be recorded and may be disclosed where this is necessary to execute an order. The user hereby explicitly agrees to this transfer of data.

Article 5 User rights and Orders

(1) When you become a registered user, you are granted a single non-exclusive and non- transferable licence for the use of this site within the context of your professional activity. You must not use any part of the content on our site for any other commercial purposes. If you wish to make any use of content on our site other than that set out in these terms, please contact GB-MyNord@nord.com.

(2) By clicking on the "Configure" button, you can create an offer enquiry and by clicking the "New item" button add products to this offer enquiry, where applicable with the aid of the Configurator. A completed offer enquiry can be saved in a shopping basket by clicking the button "Save project and create offer". Offer enquiries created in such a way remain non-binding and do not represent a contractual offer by you.

(3) When you become a registered user, you are able to view the prices for the various products on our site. Such prices shall be inclusive of VAT and delivery charges, unless expressly stated otherwise. Additional charges may be payable for express delivery options.

(4) Submitting a binding order is only possible in the approved area. Prior to submission, the details of the proposed order, including your data, will be summarised on an overview page. You can correct the order data selected, if required. After clicking on "General terms and conditions accepted" you submit to us a binding offer for entering into a contract by clicking the additional button "liable to pay".

(5) After ordering, you will receive an automatically generated email to confirm the receipt of the order by us and reiterate its details (confirmation of receipt). This confirmation of receipt does not represent a contractual obligation on our part. A contract only comes about by, at our discretion, sending an order confirmation or the ordered products within 30 days.

(6) After entering into a contract, the contract text remains saved and accessible. You can also save and/or print the content of your order directly after submitting your order and also view it later at any time using the "Order Manager" function.

Article 6 User obligations

(1) You agree that all data provided by you during order placement or approval (e.g. name, address, email address, bank account etc.) are accurate and complete. Any changes must be notified without delay.

(2) You must ensure that third parties cannot access information, software, documentation and user data provided for registration. You may not pass the information, software, documentation and user data provided for registration to third parties be it for a charge or for free. Furthermore, you are not entitled to modify, reverse engineer or translate the software and its documentation or extract parts of it.

(3) You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

(4) If you become aware of an abuse of the access rights granted to you, you must notify us without delay in writing. In case of abuse of the access rights communicated to you, we have the right to block access to our site without delay. You are liable for any abuse of the access data for which you are responsible.

Article 7 Copyright and other intellectual property rights

(1) We are the owner of all intellectual property rights in our site, and in the content, design and layout of the site. Those works are protected by copyright laws and treaties around the world, and all such rights are reserved. In particular duplication, editing, dissemination and any kind of utilisation are subject to our written approval unless the measures are permitted without approval by law. This also applies to our brands and trademarks, rating plates and corporate logos. Except for the rights granted explicitly in these terms of use, we do not grant you any additional rights of any kind with the provision of the content, in particular as relating to copyright, company names, patents, designs or brands.

(2)"NORD Gear" and other "TRADE MARKS" are UK registered trade marks of Nord Gear Ltd.

Article 8 Liability for content, links

(1)from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

(2) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

(3) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

(4) In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

(5) We will not be liable for any loss or damage caused by a virus, distributed denial-of-serviceattack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

(6) Our offering contains links to third party websites whose content is outside our control. The responsibility for the content of linked pages rests exclusively with the respective provider of these pages. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

(7) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of supply https://www.nord.com/cms/de/documentation/forms/details_31168/detail_36518.jsp .

Article 9 General provisions

(1) These terms, together with the general Terms and Conditions form the entire agreement. Amendments and supplements will only be made in writing by us.

(2) If individual provisions are or become invalid or ineffective, the effectiveness of the remaining provisions remain unaffected. Where such provisions are not available or would lead to an unacceptable result, both parties will negotiate to replace the excluded or ineffective provision with an effective provision coming closest to it commercially.

(3) A person who is not a party to any contract formed in relation to orders placed via the site shall not have any rights under or in connection with it.

(4) The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

To contact us, please email GB-MyNord@nord.com .

Thank you for visiting our site.

Last updated: March 2017