Terms of Use

Terms of Use for Dealer Recommendation

As at 08/2010

The following Terms of Use apply to provision of the “Dealer recommendation” function by Hansgrohe India:

1. Services

We provide the users of our website with the “Dealer recommendation” function. The user can use the showroom locator function to find a dealer and then send the dealer’s address details to selected recipients by e-mail or text message. In doing so, the user independently enters the recipients and their address details (e-mail addresses or mobile telephone numbers). We then generate the contents of the message (dealer's address details and necessary legal and company information). The user cannot change or add to the text if sent by text message. If sent by e-mail, the user can add contents to the subject line and the message’s text. The message is non-encrypted when sent; it shall not be sent if the recipient sends us a request to this end.

2. Our Responsibilities

Providing the “Dealer recommendation” function is a voluntary and free service on our part, which can be terminated or restricted at any time. We shall not check the accuracy of the recipient address details entered by the user and cannot guarantee the availability of the function or that e-mails or text messages will be successfully sent and received.

3. Responsibility of the User

The user confirms that the recipient has agreed to receive a message.

With the exception of the dealer address details provided by us, the user shall be solely responsible for the contents selected and sent by him/her, his/her representatives or other people with access to his/her access details. If the user can add to or create contents, he/she must not breach current laws in doing so. This shall particularly include not distributing any contents that are illegal, offensive or infringe copyrights. The “dealer recommendation” function must not be used to send mass e-cards or any other form of advertising or marketing messages or chain letters.

4. User’s Liability for his/her Actions

If the user breaches his/her contractual or legal obligations, he/she shall be liable to us in accordance with the statutory provisions.

The user shall also indemnify us against all third-party claims made against us on the grounds of a breach of third-party rights through his/her use. If the user breaches his/her obligations, applicable law or moral standards, we retain the right to temporarily or permanently terminate the rights of use.

Privacy Policy

If you use our “Dealer recommendation” function, we will record and use the e-mail addresses, mobile telephone numbers and names that you enter for the sender and recipients, as well as any message entered by you, in accordance with statutory provisions and our Privacy Policy.

Terms and Conditions of Use for Video/Film Material

As at 11/2012

Hansgrohe SE (hereinafter the “Licensor”) is the owner of the copyright or owner of an exclusive licence to the copyright in the video/film material (hereinafter the “rights”).

The Licensor is also the owner of the trademark rights in the products of the Licensor. However, the subject of this contract is not a trademark licence, and nothing in these Terms of Use shall imply the existence of or create a trademark licensing agreement.

Moreover, the subject of these Terms of Use shall not imply the existence of or create a distribution arrangement of any kind.

The video/film material provided on this website is offered exclusively on the basis of the Terms of Use described here. By using or downloading the video/film material (hereinafter the “material”), the recipient (hereinafter the “Licensee”) accepts these Terms of Use.

The Licensor hereby grants the Licensee a non-transferable, non-exclusive licence, which may be revoked at any time, to use the material for the sole purpose of offering and selling the Licensor's products.
The Licensee is entitled to use the material subject to the rights, which the Licensee has acquired within the normal course of business. However, the Licensee is not entitled to receive or be provided with any such material from the Licensor.
The Licensee must not misuse this licence or the material subject to the rights.
The Licensee is not entitled to issue sub-licences.
The Licensee may not at any time exercise the rights in any way other than for the purpose described, and shall not take any steps that could run contrary to the content or purpose of these Terms of Use. Furthermore, the Licensee shall refrain from any activity that may reasonably be expected, in all likelihood, to have an adverse affect on the value, the validity or the enforceability of a licensed right or on the Licensor's ownership of such a right.
The Licensee shall observe, in particular, the nature and term of use granted for the material in question.
Licence fees shall not be charged.
The Licensee hereby acknowledges that, within the Licensee/Licensor relationship, the Licensor is the sole owner of the rights, that these are and shall always remain the sole and exclusive property of the Licensor and that, with the exception of the licence granted herein, the Licensee has not acquired any further rights or entitlements to the rights. The Licensee shall not challenge the Licensor's ownership of the rights.
On termination of the licence by cancellation or expiry, all rights in the material granted to the Licensee shall expire automatically. They shall also expire on expiry of the term of use granted for the material in question. The Licensee must immediately cease exercising the rights and using the material subject to the rights.
The Licensor does not guarantee the legal validity of the rights and provides no guarantee that the rights may be exercised without infringing third-party rights.
The Licensee undertakes to indemnify and hold the Licensor harmless from and against any and all claims, actions, losses, damages and expenses (including, but not limited to, legal expenses and lawyer fees), which are caused by acts of the Licensee in connection with, or due to the use of, the material.
The Licensee must immediately notify the Licensor in writing of any infringement of, or challenge to, the rights of the Licensor to the material that the Licensee becomes aware of. The Licensor has the exclusive right, but no obligation, to take defensive action or initiate proceedings against infringing parties.
The rights are granted to the Licensee for the material in question up until the expiry of the date indicated. On expiry of this date, all rights in the corresponding material shall expire without requiring a separate notice of termination.
Exercise of the rights shall not imply the existence of or create an agency agreement between the Licensor and the Licensee.
No rights or obligations resulting from the licence may be assigned or transferred without the written consent of the Licensor. Any attempt to assign or transfer the rights on the part of the Licensee shall entitle the Licensor to terminate the licence with immediate effect.
All rights are subject to the law of the Federal Republic of Germany. The Licensee hereby submits – as far as is permissible – irrevocably to the non-exclusive jurisdiction of the courts of Offenburg. The Licensor reserves the right also to raise a claim against the Licensee at another competent place of jurisdiction.
These Terms of Use shall replace any prior agreements in existence between the Parties concerning the material.
The Licensor reserves the right to make changes to these Terms of Use at any time. Changes relating to rights that are already held must be made in writing.
If a provision of these Terms of Use is declared to be invalid or unenforceable, the Parties hereby agree to replace this provision with one that is valid and enforceable and which comes as close as possible to the economic purpose of the invalid provision.