1.1.    Object

The following Terms of Use are the rules applicable to all persons who access the website of SANHUA EUROPE, S.L. (hereinafter SANHUA), currently located at www.sanhuaeurope.com (hereinafter the Website).

Adherence to these Terms of Use is determined by the visitor merely visiting, accessing, using or utilising the Website and entails unconditional agreement to the entire content hereof. Therefore, please read the content of these Terms of Use carefully and, if you totally or partially disagree with it, please refrain from continuing to access or otherwise use the Website.

SANHUA reserves the right, at its sole discretion, to change, modify, add or eliminate parts or all of these Terms of Use at any time. Consequently, it is your responsibility to review these Terms of Use on a regular basis in order to learn about such changes. Use of the Website after changes have been posted will mean that you accept and agree to the changes. Provided that you comply with these Terms of Use, SANHUA authorises you to access and use the Website in accordance herewith.

1.2.   Free nature of Website use

Merely visiting, accessing, using or utilising the Website is free of charge, which results in the liability scheme stipulated in Clause 1.7 below, notwithstanding the price of products offered on the Website.

1.3.    Ownership of the Website

SANHUA has full and exclusive ownership or legal title to each and every one of the industrial and intellectual property rights relating to the Website and to its content, texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, art and computer code (collectively the Content), including but not limited to the design, structure, selection, coordination, expression, look and feel, whether or not protected by copyright, patents or trademarks or other industrial or intellectual property rights or instruments.

Except as otherwise provided in these Terms of Use, no portion of the Website or of the Content may be copied, reproduced, reposted, downloaded, displayed, shown in public, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or public distribution, without prior express written consent from SANHUA.

Under no circumstances may the provision or public communication of these rights or Content be construed as any sort of full or partial waiver, transfer or assignment thereof by SANHUA beyond the use expressly recognised in these Terms of Use.

In particular, you, as a visitor, agree to: (i) not copy, reproduce, transform and/or distribute in whole or in part any of the Content by any means for commercial or advertising purposes, without written authorisation from SANHUA in this regard; (ii) not allow, cause and/or enable such actions to be carried out by third parties, without prior express consent from SANHUA.

1.4.    Proper use of the Website

You, as a visitor and user of the Website, agree to properly use the Content, the Website in general and the associated services, if any, without prejudice to the specific obligations related to the latter.
To this end, you agree not to use such Content or such associated services or the Website in general to commit illegal activities or activities that are contrary to good faith or legal order and/or prohibited by these Terms of Use. To the contrary, SANHUA accepts no liability for such actions, and as such you will be the only party liable for the consequences of your actions.

Use of the Content shall respond to the characteristics and overall functions for which the Website was designed: to provide information about products or services marketed by SANHUA and other corporate information that SANHUA considers relevant.

You, as a visitor, cannot contend that use of the Website allows you to obtain or meet needs, data or purposes other than purely informational purposes relating to SANHUA’s various products or services.

Furthermore, you, as a visitor, understand and agree to the content and features of the elements associated with the Website, notwithstanding any possible suspension, reactivation, revocation and renewal of the Website for technical reasons.
In any case, you, as a visitor, are the only party responsible for deciding whether or not to rely on the information contained on the Website.

1.5.    Other obligations of the visitor:

You, as a visitor, agree to:  

(a) NOT post, distribute or disclose any information through this Website; transmit or upload files of any kind on the Website; violate, intentionally or otherwise, any applicable law, whether local, regional, national, European Union or international.

(b) NOT use any deep link, page scrape, robot, spider or any other automatic device, programme, algorithm or method or any similar or equivalent manual process to access, acquire, copy or monitor any part of the Website or of the Content, or in any way reproduce or circumvent the navigational or presentational structure of the Website or of any Content, in order to obtain or try to obtain any material, documents or information through any means not available over the Website. SANHUA reserves the right to prohibit any similar activity.

(c) NOT attempt to gain unauthorised access to any part or feature of the Website or any other systems or networks connected to the Website or to any other SANHUA server.

(d) NOT explore, scan or test the vulnerability of the Website or of any other network connected to the Website or violate the security or authentication measures on the Website or any other network connected to the Website.

(e) NOT undertake any action that imposes an excessive disproportionately large load on the infrastructure of the Website or of the systems of SANHUA or networks or on any system or network connected to the Website or pertaining to SANHUA.

(f) NOT use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Website, any transaction conducted on the Website or the use of the Website by any other person.

(g) NOT forge headers or otherwise manipulate identifiers to hide the source of any message or transmission that you send to SANHUA over the Website or any service offered by SANHUA for such purpose.

(h) NOT to claim to represent another person or impersonate any other person or organisation.

(i) In general, NOT use the Website or any Content for any illegal purpose or for any purpose forbidden by these Terms of Use or to request the undertaking of any illegal activity or of any activity that violates the rights of SANHUA or of third parties.

1.6. Disclaimer by SANHUA

SANHUA does not guarantee and you, as a visitor, assume that SANHUA does not guarantee that:

The content of the Website contains a basic level of information about the characteristics, specifications and uses of SANHUA’s products and services advertised on the Website and under no circumstances may such information serve as the basis for taking potential decisions to buy or arrange (in any manner) SANHUA’s products and services (other than those legally required) beyond its mere informational value.

The accuracy, authenticity, reliability, completeness, correctness, timeliness, truthfulness or suitability of the Content beyond the guarantees given by its authors or suppliers.


Continued access or proper viewing, downloading or use of the Content.

In any case and unless otherwise indicated, the Content in no way constitutes a binding offer.

1.7. Exclusion of liability by SANHUA

1.7.1. Exclusion of liability for products and technical information

These Terms of Use also apply to advertising of SANHUA products included on the Website and to all information relating to promotions or other similar activities.

In the event of a contradiction between these Terms of Use and the conditions relating to a specific product or service, the former will prevail over the latter.
 
SANHUA’s obligations and liability, if any, with respect to products and services are solely governed by the specific agreements according to which such products and services are provided or supplied, and nothing on the Website should be construed as an alteration to such agreements.


Likewise, all information concerning products (including but not limited to technical requirements, user and installation manuals, technical recommendations, methodologies, designs, graphic examples and drawings) (hereinafter Technical Information) provided over the Website is furnished for informational purposes only and as an example; hence, you should adhere to the specific technical information individually supplied with the related products and services at the time of delivery or provision.

You may use such Technical Information for personal informational purposes only as long as you: (i) do NOT eliminate the proprietary notices on any copies of the relevant documents; (ii) use such information for personal purposes only, hence do not use it for commercial purposes and/or as information to use, maintain or install products and services, or copy it or post it on any media; (iii) do NOT in any way change such Technical Information; (iv) do not provide any additional guarantee in relation to such Technical Information.

Similarly, you accept that the Technical Information contained on the Website relating to products and services may not be updated and that SANHUA does not commit to update it in any case or under any circumstances.

In any case, SANHUA assumes no liability for the use of the Technical Information contained on this Website instead of, or in addition to, the specific technical information provided or supplied together with the products in question.
  
SANHUA reserves the right to make changes to the Technical Information relating to the products and services advertised on the Website, at any time without prior notice, in which case such changes will be effective immediately after being posted on the Website.

1.7.2. Exclusion of liability for links contained on the Website

SANHUA assumes no liability whatsoever for any information outside of this Website or outside its control and/or of which it is not the material author, without giving, if applicable, more guarantees or assuming more liability than that assumed or given by its authors.

Inclusion of a particular link on this Website does not mean and cannot be construed as a recommendation or invitation by SANHUA to the visitor to use the destination of such link and/or acquire the products and/or services offered by the relevant third party, a decision which is left to the sole discretion of the visitor. Similarly, SANHUA assumes no liability whatsoever for products and/or services potentially acquired by the visitor as a result of the information or products and/or services provided by the linked websites to which the visitor may have access through another web page; in particular, SANHUA may not be held liable for their quality, reliability, accuracy, correctness, truthfulness, legality or suitability.

1.7.3. Exclusion of liability for viruses or trojans on the Website

SANHUA is not liable for any damage caused to the visitor’s computer system, hardware or software or for potential errors in security, files or documents stored thereon, resulting from a malfunction of the browser, from the use of outdated versions of the browser and/or in general from the presence of viruses on the visitor's computer.

1.7.4. Liability for linking this Website to other web pages

Organisations that create a link from their web page to this Website will also be considered visitors for the purposes of these Terms of Use and, in particular, agree that: (i) they will not reproduce in whole or in part any of the Content unless expressly authorised to do so; (ii) they will not include any false, inaccurate or incorrect statement upon or in relation to the link to the website or about SANHUA’s services or products or about any of the Content; (iii) the establishment of a link does not imply that there is a relationship between SANHUA and the owner of the relevant web page or that SANHUA knows and agrees to the services and content offered on such web page, nor does it imply the possibility of financial consideration by the manager/owner of the web page on which the link in question is included; (iv) any link on this Website (even those not authorised or consented by SANHUA and notwithstanding relevant actions) shall link directly to the home page, thus avoiding direct links directly to sub-pages or content.

1.7.5. Release from liability for interruption of service

SANHUA is in no way liable for claims or expenses arising from: (i) interference, interruptions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloading and errors in telecommunications lines and networks or by any other cause beyond the control of SANHUA; (ii) illegal intrusion through any media, such as computer viruses or any other; (iii) security or navigation errors caused by improper functioning of the browser or by the use of outdated versions of the browser.

1.7.6. SANHUA’s liability

Nothing in the foregoing paragraphs holds SANHUA harmless in the event of wilful misconduct for the purposes provided for in Article 1202 of the Spanish Civil Code.

1.8. Suspended operation of the Website

SANHUA is in no way liable to the visitor for any change, suspension, interruption or elimination of the Website. In particular, the Website will be interrupted when SANHUA deems necessary or appropriate in order to conduct maintenance on SANHUA’s equipment or facilities.

1.9. Use of cookies

1.9.1. Concept


A cookie is a piece of information stored on the Website visitor's hard drive through his or her browser at the request of the page server.

1.9.2. Purpose

You, as a visitor, accept that the Website's cookies have several purposes: (i) establish the visitor’s preferences (cookies store information about the visitor’s preferences in order to display content based on his or her profile); (ii) record the number of times that informational or advertising messages are shown to the Website visitor; (iii) record the number of times the visitor visits the Website.


1.9.3. Limitation on visitor identification

The purpose of cookies used on the Website is not to provide references making it possible to deduce the name and surnames of the visitor or read the data on his or her hard drive or include viruses in his or her texts; instead, cookies are used to identify the number of the computer visiting the Website.

1.9.4. Duration

The type of cookies used on this Website has an expiry date and continues to be stored on the visitor’s computer after the visitor has finished visiting the Website.

1.9.5. Freedom to accept the use of cookies

You, as a visitor, have the right to decide, at your own free will, whether or not the cookies used on the SANHUA Website are implanted on your hard drive or you may even eliminate them after having visited the Website, following your browser’s instructions. Rejecting or accepting the use of cookies will not affect the possibility of visiting the Website; therefore, the use of cookies may neither be grounds nor excuse for any claim whatsoever.

1.10. Privacy and personal data

1.10.1. Privacy


By using the Website, you acknowledge and agree that Internet transmissions are never entirely private or secure. You understand that any message or information that you send to the Website may be read or intercepted by others, even if there is no special notice concerning the encryption of a particular transmission.

1.10.2. No data processing for merely accessing the Website

SANHUA hereby informs you that personal data provided by you during your visit to the Website will not be included in any database owned by SANHUA nor will they be given to third parties.


Only if you decide to contact SANHUA or use any of the services contained or offered on the Website requiring information relating to your personal data will such data be included in a database owned by SANHUA which has been recorded in the General Register of Data Protection for the intended purpose in each case.
Notwithstanding the above, you may exercise your rights of access, opposition, rectification and cancellation by sending a letter with a photocopy of your identification card to SANHUA EUROPE S.L., Jose Celestino Mutis 4, 2I , San Sebastián de los Reyes, (Madrid) C.P 28703 or by sending a fax to +34 911 230 308.

Similarly, in the event that you provide SANHUA with the personal data of third parties, you expressly declare to be duly authorised to do so by the owner of such data and that such data have not been obtained illegally or fraudulently. Moreover, you agree to compensate SANHUA and/or hold SANHUA harmless for any amount which it must pay or which is claimed of it by any third party as a result of the above.

****