General Conditions of Use of website

Version dated 31 March 2023

NTN Europe, acting in the name and on behalf of its subsidiaries, including all the companies of the NTN Group to which NTN Europe belongs, has opened the website "www.ntn-snr.com" (© NTN-SNR) (hereinafter referred to as the "Site"), accessible only to business users (hereinafter referred to as "You" or "the User") wishing to purchase NTN and/or SNR products and/or those of its subsidiaries for the needs of their business but also to individuals wishing to obtain information on the company NTN Europe.

Access to the Site is subject to compliance with the general terms and conditions governing access and use set out below as General Terms and Conditions of Use (“GTCU") and all the applicable laws and legislation. Thus, by using the Site, You confirm that You have read, accept and comply without reservation with these GTCU.

 

1. Information concerning products and services

This Site provides a general overview of the company NTN Europe.

Especially, this Sites provides information of NTN Europe group's product and service range. It is intended for business users only, access by consumers is prohibited.

This Site may be updated at any time without notice.

Text information, photographs, or any other kind of information presented on the Site, are provided for reference purposes only, they shall not be deemed contractual documents liable to provide grounds for any type of legal proceeding.

NTN Europe hereby reserves the right to alter information provided on this Site, particularly concerning the technical features of products presented, at any time, without any prior notice, taking into account Site interactivity, without NTN Europe, members of its network or its employees being able to be held liable.

Prices and features of products and services presented on NTN Europe's Extranet are accurate at the time the various Site pages are placed on line or updated, and are likely to change, at any time, without prior notice from NTN Europe.

As regards prices, these are the maximum recommended prices.
Furthermore, all products and services mentioned on this Site are not necessarily available. NTN Europe will advise its users concerning the availability of products and services presented.

The information on products and services is not necessarily valid in all countries. In particular, it is possible that certain products or services appearing on the Site may not be available in all countries, without this constituting grounds for a claim against NTN Europe.

Any product, process or technology described or contained in the Site is likely to be protected under Intellectual Property law. No use or appropriation of these intellectual property rights is authorised by these GTCU.

 

2. Password and access code management

When logging onto NTN Europe's Extranet (private areas intended exclusively for business users), You enter an account name and a password.
You are solely responsible for preserving the confidential nature of your account and password and for any actions carried out using your account and/or with your password.
 
You undertake to advise NTN Europe immediately of any unauthorised use of your account and/or password, and to ensure that You disconnect after each session. NTN Europe cannot be held liable for any loss or damage resulting from a breach of said obligations.

NTN Europe reserves the right to deactivate private access codes if they are used for actions which are not in line with the General Terms and Conditions of Use.

 

3. Intellectual property rights

This Site as well as all the content of this Site, of whatever nature, is governed by the French Intellectual Property Code (Code de la Propriété Intellectuelle). The presentation and content of the Site constitute a work protected by the French laws in force on intellectual property, of which NTN Europe is the owner. All rights reserved.

NTN Europe certifies that it holds or has the necessary authorisations for the use of all denominations or trade names, logos, names of products and services in the range, as well as the works integrated into the Site, such as photographs, texts, slogans, drawings, models, images, animated sequences with sound. Denominations or trade names, logos, the names of products and services belonging to the range are, with some exceptions, trademarks filed by NTN Europe.

Other trademarks are also mentioned. These are either used by NTN Europe with the authorisation of their owner, or simply to point out the products or services offered by NTN Europe.

Photographs, texts, slogans, drawings, models, images, animated sequences, accompanied by a soundtrack or not, as well as any other works incorporated into the Site or any other content are the property of NTN Europe or third parties who have authorised NTN Europe to use said contents. Any commercial exploitation, reproduction, representation, use or modification, by any process whatsoever and on any medium whatsoever, of all or part of the Site, and/or its content, without having obtained NTN Europe's prior authorisation, is strictly prohibited and constitutes an offence of counterfeiting.

Notwithstanding the foregoing, only reproductions, on paper or computer media, of the said Site and/or its content are authorised for information purposes provided that they are strictly reserved for private, non-commercial use, excluding any use for advertising and/or commercial and/or information purposes and/or that they comply with the provisions of article L. 122-5 of the French Intellectual Property Code (Code de la Propriété Intellectuelle français). Any copy for such use as defined above must mention NTN Europe's copyright and property rights. We reserve the right to terminate this authorisation at any time, by sending a notice addressed to You personally or published on the Site. Any use of this information must then be immediately discontinued.

In any case, access to the Site and this authorisation may not under any circumstances effect any transfer, to Your benefit, of the aforementioned intellectual property rights, which remain the exclusive property of NTN Europe or third parties having authorised NTN Europe to use them.

 

4. Personal data and cookies

4.1 Personal data

The information NTN Europe receives from You corresponds to the information required to use the Site.

This information is necessary to allow You to access the NTN Europe extranet, to receive the NTN Europe Newsletter (electronic newsletter), but also to allow NTN Europe to respond to your information requests.

NTN Europe is the data controller.

The data that You communicate to us are kept by us for a period of three years.

In accordance with the legal and regulatory provisions in force concerning the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, You have the right to access, rectify and, if necessary, delete data concerning You. You may also, for legitimate reasons, object to the processing.

These rights can be exercised by simple written request sent by e-mail to dpo@ntn-snr.com or by post to the "Compliance Department (PC 08)-NTN Europe, 1 rue des Usines, 74010 Annecy Cedex, France".

Regarding the Privacy Policy, You can access it on the Site.

 

4.2 Cookies

Certain pages of the Site may use cookies, the purpose of which is to access information stored in your connection terminal and in particular to record information relating to your browsing on the Site, and to store information that You entered during your connection in order in particular to facilitate your navigation during your next connection.

The storage period for the information thus collected is thirteen months from the insertion of the corresponding cookie.

You can of course, by configuring your browser, oppose the registration of these cookies and/or delete them at any time and individually.

 

5. Hypertext links

Hypertext links to the Site (www.ntn-snr.com) require prior written authorisation from NTN Europe. If You wish to set up a hypertext link to our Site, You must therefore first contact the person in charge of the Site. If necessary, NTN Europe reserves the right at any time and for good reason to require the removal of a hypertext link. Any such deletion must be immediate.

NTN Europe cannot under any circumstances be held responsible for sites with a hypertext link to this Site and disclaims all liability for their content and use.

In addition, the Site may contain references and hypertext links to third-party websites. NTN Europe does not control these websites and cannot be held responsible for such sites and disclaims all liability for their content and use.

 

6. Liability

Access to the Site and the use of its content is under Your full responsibility.

In particular, it is your responsibility to protect Yourself against any virus or any other element that could destroy or damage your computer or the data it contains.

NTN Europe cannot be held liable in the event of abnormal or fraudulent use on Your part. You will therefore be solely responsible for any direct or indirect damage whatsoever that may result from your access to or use of the Site.

NTN Europe will make its best efforts to guarantee You optimal use of the Site.

However, NTN Europe declines all liability in the event of errors, interruptions or malfunctioning of the Internet network and telecommunications systems caused by third parties, as well as in the event of temporary impossibility of access to the Site, in particular due to maintenance or updating of the Site or a cyber-attack.

Subject to compliance with the legal provisions of public order, the content of the Site is presented without any guarantee of any kind whatsoever, the information being provided for information and guidance purposes only; NTN Europe does not guarantee the accuracy of the information contained on the Site.

Information on models and their characteristics is given for information purposes only and may not be considered as constituting a contractual offer of products or services from NTN Europe, its subsidiaries or members of its network.

NTN Europe does not guarantee that the Site and its content comply with the legislation of Your country. Access to products and services presented on the Site may, in particular, be subject to restrictions. You must therefore ensure that the law of the country from which the connection is established authorises You to access our Site and You are solely responsible for using the Site in accordance with the applicable laws and in particular the public order laws in force in your country.

The User agrees to defend, indemnify and hold harmless NTN Europe, its subsidiaries, and members of its network from and against any and all claims and expenses, including legal fees, that it may incur as a result of Your use of the Site or by any other person using Your account. NTN Europe reserves the right to conduct an exclusive defence against the claim for which it is to be held harmless under this article. In this case, You must provide NTN Europe with all assistance reasonably required by NTN Europe.

 

7. Ethics

You undertake to comply with the regulations in force in terms of ethics and, in particular, not to perform any act that could constitute illicit solicitation, fraud, active or passive bribery, unethical commercial practices or practices contrary to applicable law.
 
You shall indemnify and hold NTN Europe harmless from any damages and losses suffered by NTN Europe as a result of illicit/unfair practices attributable to You.

 

8. Suspension - Withdrawal of access rights

NTN Europe is entitled at any time to suspend or delete Your access right by blocking access data without providing reasons, especially if You have:
-    Provided false information during registration;
-    Not respected the provisions of the GTCU or your duty of care with regard to the processing of access data;
-    Infringed applicable law with regard to access to or use of the Site; or
-    Been inactive on the Site for a period of at least 24 months.

 

9. Miscellaneous provisions

In the event that any provision of these GTCU is held to be illegal, invalid or unenforceable under any law, regulation or treaty applicable to the GTCU, such provision shall be deemed ineffective without this affecting the other provisions of the GTCU which shall remain in full force and effect.

These GTCU contain the entire agreement between NTN Europe and You for the use of the Site.

For any order placed online via the "Order" section and/or an "e-business-type" application, NTN Europe's General Terms and Conditions of Sale and Provision of Services shall be applicable to the purchase that You make and shall prevail over the GTCU in the event of any contradictory provisions.

 

10. Applicable law - Settlement of disputes

These GTCU are subject to French law to the exclusion of its conflict of law rules. The prevailing language of the GTCU is the French language.

In the event of a dispute, You and NTN Europe shall attempt to resolve the dispute by mediation or any other amicable solution. If You and NTN Europe are unable to reach an amicable solution, the dispute shall be subject to the exclusive jurisdiction of the courts of Annecy, France.

 

11. Updating the GTCU

NTN Europe hereby reserves the right to modify and update access to the Site as well as the GTCU at any time. These modifications and updates are binding on You, who must therefore regularly refer to the Site and to this section to check the GTCU in force.