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Terms of Use - Palbit Website

Welcome to Palbit Website. We appreciate your interest in Palbit products.

This site is made available to you subject to the following “Terms of Use” which if accepted by you will constitute a legally binding agreement between you and Palbit. In these Terms of Use, “Palbit” means Palbit S.A., its subsidiaries, affiliates and any other legal entity anywhere in the world, that is held by, or is held under common control with, or is the holder of Palbit S.A., whether in whole or in part.

You may use this site provided that you accept any and all of the provisions listed below. We may amend, update or otherwise change, at any time and without prior notice, any or all of the “Terms of Use”, the conditions and/or the provisions included in this site. Please check the contents of these “Terms of Use” periodically for changes. Your continued use of this site, or of any part thereof following the posting of any changes to the Terms of Use, constitutes acceptance of those Terms of Use and of any subsequent changes. Each such amendment shall become automatically valid and enforceable at the time when first displayed by us in the website.

Save in the case of conflict of laws, these “Terms of Use” shall take precedence over the Terms and Conditions of Sale. If you are bound by a separate and independent valid written agreement with Palbit, none of these Terms of Use shall invalidate any of the provisions of such an agreement.

No change, amendment, cancellation, supplement or deviation from these Terms of Use may be made by virtue of conduct of the parties. These terms of Use shall not be otherwise amended or changed except with the prior written consent of Palbit S.A.

If you do not agree with all terms and conditions hereof, please exit the site without making any use of it.

 

Description of Service and Use of the Site

Our website provides its users with easy access to our products, for the purposes of ordering any of our products that are listed on the site, and also to acquire updated information regarding our products, all subject to the Terms of Use and the conditions stated above.

In order to use the Service Area (E-Commerce & Technology Center), you have to contact our commercial or marketing department in order for us to provide you with the access to the private section. Note that you must be a registered costumer of Palbit. Palbit reserves the right of giving or not, the access to these platforms. 

 

Copyrights, Trademarks and Proprietary Rights

The information contained and referred to in these pages, including but not limited to all patents, trademarks, registered trademarks, copyright, logos, trade names, drawings, pictures, designs, names, materials, contents, programming, databases of information, resources, links, descriptions of Internet resources and any other documents or details from which any proprietary and/or intellectual property right may emanate, is the sole and absolute property of Palbit SA.

Unless otherwise specifically stated and authorized in writing by us, no part of any such information may be duplicated, copied, reproduced, distributed, used to create derivative works, amended or otherwise used for any purpose, wholly or partially, without the prior written consent of Palbit SA. Without derogating from the generality of the stated above, none of Palbit's names, patents and trademarks, whether registered or not, may be used without the prior written consent of Palbit and in no event shall any of these be used in any way or manner which may be misleading and/or which may cause and/or which may lead to, any confusion.

Under no circumstances is any license, permission, right or interest of any nature granted to anyone using this site, nor does any purchase of any product imply that you are in any way entitled to such rights.

Violation of any of these provisions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted by law.

This notice refers to any page/s that are or that may be included in, and/or linked with the Palbit Website, irrespective of whether such pages are marked with Copyright © notice, Trademark notice™, or registered patent notice ®. The receipt of this HTML page, or any other page in which a link to this page exists, shall be considered as acceptance of these conditions without any reservations.

 

Hyperlinks

Our site may provide links to other websites or resources. Since we cannot be responsible for such other sites and as we have no control over any of these other sites, including but not limited to their contents, you hereby acknowledge and agree that Palbit is not, and will not be held responsible for such other sites, including without limitation their availability, contents, the type of services they offer, the advertising and/or products contained therein, and their form. You also acknowledge and agree that we are not, and will not be held liable or responsible, directly or indirectly, for any damage and/or loss, whether pecuniary or not, caused or alleged to be caused by or in connection with use of, or reliance on, any such contents, goods or services available on or through any such other site/s or resource/s.

 You further acknowledge that Palbit is not and will not be held liable or responsible for the accuracy, the legality, the decency, the copyright, the compliance, the availability of any materials included in or referred to in these other sites, or any other aspect of the content of such other sites. The inclusion of such links does not imply endorsement of the site by Palbit or any association with the operators of such site and resources.

Without derogating from the generality of the stated above, you specifically undertake and agree not to create any direct or indirect links to our site without obtaining our previous written consent.

 

Accuracy and Access

All information including without limitation data, figures, specification and names contained in this site is constantly reviewed and modified by us in accordance with our latest developments and recent publications. However, although we carefully and constantly review the accuracy of these pages, we cannot assure, under any circumstances, the accuracy, the availability and the access to any Service and/or any part of any information contained or listed in our site and/or in any of its pages. We assume no responsibility or liability for omissions or errors that may appear, and we cannot assure the availability of the Service at any given time. We cannot guarantee that each and every specification contained in the information in our site at any time is or will be accurate, precise, correct, or complete, nor can we assure strict reliance on the information contained in this Site. As your use of this Site is at your own risk, you are fully encouraged to use all possible means and precautions to overcome any of the above factors.

 

Security

Unfortunately, no data-transmission over the Internet can be guaranteed to be 100% secure. We cannot assure or guarantee the security and protection of information sent by you over the Internet, and any information you transmit to us is at your own risk. Nonetheless, any information we may receive from you will be maintained and used by us in accordance with our Privacy Statement, and in a manner that protects and safeguards your privacy.

If you feel more secure you may always contact Palbit local authorized distributor rather than sending any of your information over the Internet.

 

Privacy Statement

Your privacy as well as the protection of all of your personal information is vitally important to us, and we undertake to safeguard them by exercising reasonable care and using reasonably available means. We do not disclose any information that we receive from you to any third party without your prior consent, nor do we sell or rent any information received from you. However, with the aim to better meet your needs, we may share information with our authorized distributors for the purpose of facilitating transactions you may wish to conduct with us.

We may also use the information for statistical and marketing purposes, in order to analyze and process your preferences and varying needs and to contact you for the purpose of providing you with details and features related to our products and to the contents of our site. Our site may gather certain usage information, such as numbers and frequency of visitors to our site.

Any information received by us from you over the Internet is regarded as confidential information. That includes not only data that you sent to us over the Internet, but also information about your individual visits to our site and any other queries you may have regarding our products.

 

Disclaimer / Limitation of Liability

Although we use reasonable efforts to include accurate and up-to-date information in our website and allow for safe and easy operation within does not guarantee that all contents are free from errors or omissions in any of the products or other materials and/or services through this website.

Palbit expressly disclaim and deny any and all warranties, including warranties of merchantability, fitness for particular purpose, and/or non-infringement with respect to the services and/or to the contents and/or to any issue that is or that may otherwise be related to this site. This exclusion applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, irrespective of whether Palbit and/or any of its affiliates have been advised of the possibility of such damage or loss.

You expressly agree that no warranty that is not specifically stated in this agreement will be claimed or otherwise adhered to by you, nor will such a warranty be valid. Since some jurisdictions do not permit the exclusion or limitation of different types of damages, Palbit’s maximal liability in such jurisdictions shall be limited to, and shall not exceed the minimal extent of liability stipulated and/or permitted by law in such jurisdictions.

 

Indemnification

You will indemnify and/or compensate Palbit and its subsidiaries, affiliates, directors, distributors, agents and employees, and hold them harmless against any claim, liability or demand, including reasonable attorneys' fees, related to use you make and/or to materials or information that you distribute or otherwise transmit via this site, and which may result from or be related to your misconduct, or use or misuse of this site. Without derogating from your duty to indemnify and/or compensate Palbit also in any case of violation of these terms of use, we reserve the right to exercise absolute control over the exclusive defense and handling of any matter otherwise subject to indemnification by you, in which event you undertake to fully co-operate with Palbit and to act in accordance with Palbit’s legal advice in adhering and managing any available defenses.

 

International Use

Palbit makes no representation whereby any materials and/or Services and/or Contents as defined above, on this site, are or may be available or appropriate in territories outside the territory in which the services are performed and/or offered. All Services and/or Contents of this site, including all products that we may offer at any time, are offered solely on the basis of domestic and local transaction. You specifically acknowledge and agree that any product and or service you may order from Palbit, if Palbit opts to provide it, will be provided to you from and by Palbit’s local lawful representative in the applicable territory. Any such transaction, deal, bargain or Service shall constitute a local deal and trade, which will be executed and performed subject to all “Terms of Use” and “General Conditions of Sale” that are listed herein below, and in accordance with all relevant and governing provisions of the local law in that country. To view the “General Conditions of Sale” click here.

Accessing this website and/or using the Contents from territories where such activities are illegal, is prohibited. Doing so contrary to this provision is at your own risk and subject to your sole responsibility to comply with all local laws.

 

Misconduct, Improper Use & Disruption

You are held responsible for any misconduct and/or materials that you place or transmit on or through the site, and shall not use this site and/or any of the Services available therein to offer, send, distribute, link to, or solicit content or materials that are or that may: (i) violate any law, regulation, contract or mode of behavior applicable to online conduct and to users of the World Wide Web; and/or (ii) be illegal, misleading, incorrect, incomplete, detrimental, intimidating, harassing, offensive, defamatory, improper, violent, obscene, pornographic, libelous or infringing others’ privacy; and/or (iii) infringe someone else's intellectual property or other rights; and/or (iv) contain viruses or any other computer files or programs that are designed or intended to, or that may, disrupt, damage, interfere with or limit the functioning of any part of this Site and/or any equipment or software; and/or (v) interrupt or interfere with the operation of the Site; and/or (vi) be used by persons not authorized, for any purpose other than that which complies with all Term of Use.

 

Acceptance of Orders and Signatures

The contents and services available in this website are offered to you subject to all Terms and Conditions of Sale and in accordance with these Terms of Use. All electronic orders placed and/or transmitted by you in or through this website under your username, if received and approved by Palbit, shall be deemed as acceptance of the offer made by you. We reserve the right to contact you, by electronic mail, telephone, post or any other reasonable means for the purposes of ascertaining your identity, clarification of your requested order, discussing any credit and payment terms, verification of your desired delivery address and means by which you prefer delivery to be made, and for any other purpose which may be related to your order.

You specifically agree to the formation of a legally binding purchase and/or service agreement between you and Palbit upon the receipt of your order/s, provided that we accept, approve and confirm that order/s by issuing an “Order Approval/Acknowledge Receipt” with reference to your order number. Should our “Order Approval/Acknowledge Receipt” relate to only part of your order, the agreement between us shall take effect only with respect to that part of your order that was accepted and approved by us. We may deny or approve your order/s wholly or partially as we may find fit and without being under any obligation to justify our decision. In case we decide to approve only part of your order/s, you will not be entitled to raise any claim and/or demand, nor will you be entitled to any remedy, in respect of that part of your order that we did not approve.

You expressly waive and abandon in advance any claim that orders received from you and confirmed by us did not constitute an offer made by you to us, or that no agreement was formed between you and Palbit for reasons of, inter alia, lack of signature and/or lack of communication of acceptance.

 

Severability and Integration

This Agreement constitutes the entire agreement between you and Palbit with respect to this Site and all its Contents as defined above. Its entire Terms of Use supersede and override any and all prior or simultaneous negotiations, representations and proposals (whether oral, written, electronic or any other) between you and Palbit.

 If any provision amongst these Terms of Use is held invalid or otherwise unenforceable, wholly or partially, such provision shall be interpreted, construed, applied and enforced in a manner consistent with the applicable law and which reflects the genuine intentions expressed in these Terms of Use. Each and any of the remaining provisions shall remain in full force and effect.

 

Termination

Palbit reserves the right, at its sole and absolute discretion, to terminate and/or otherwise limit access to all or part of this site and/or its contents as it deems fit, with or without notice.

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