My Wavin Terms of Use

1. Who we are and how to contact us

1.1 This web-based access portal at [DOMAIN ADDRESS] ("My Wavin") is provided by Wavin BV ("we", "us" or "our"). We are registered in The Netherlands under company number 05014273 and have our registered office at Stationsplein 3, 8011 CW Zwolle, The Netherlands. Our main trading address is [TRADING ADDRESS]. Our VAT number is [VAT NUMBER].

1.2 To contact us, please email info@wavin.com.

2. By using My Wavin you accept these terms

2.1 By using My Wavin, you confirm that you accept these terms of use and that you agree to comply with them.

2.2 If you do not agree to these terms, you must not use My Wavin.

3. There are other terms that may apply to you

3.1 These terms of use refer to the following additional terms, which also apply to your use of My Wavin:

(a) Our Privacy & Cookie Statement [INSERT AS LINK TO MY WAVIN'S PRIVACY POLICY & COOKIE STATEMENT].  See further under clause 12.

(b) Our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY], which sets out the permitted uses and prohibited uses of My Wavin. When using My Wavin, you must comply with this Acceptable Use Policy.

3.2 If you wish to use our BIM (Building Information Modelling) tool and any add on functionality that can be used within our BIM tool, the licensing terms at [INSERT AS LINK TO BIM AND PLUG IN LICENCE TERMS] will apply to such use.

3.3 If you purchase goods via My Wavin, our Online Terms and Conditions of Supply [INSERT LINK TO ONLINE TERMS AND CONDITIONS OF SUPPLY] will apply to the sales.

4. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use My Wavin, please check these terms to ensure you understand the terms that apply at that time.

5. We may make changes to My Wavin

We may update and change My Wavin from time to time to reflect changes to our products, our users' needs and our business priorities.

6. We may suspend or withdraw My Wavin

6.1 My Wavin is made available free of charge.

6.2 We do not guarantee that My Wavin, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of My Wavin for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

6.3 You are also responsible for ensuring that all persons who access My Wavin through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7. You must keep your account details safe

7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

7.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@wavin.com.

8. How you may use material on My Wavin

8.1 We are the owner or the licensee of all intellectual property rights in My Wavin, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2 You may print off one copy, and may download extracts, of any page(s) from My Wavin for your personal use and you may draw the attention of others within your organisation to content posted on My Wavin.

8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4 Our status (and that of any identified contributors) as the authors of content on My Wavin must always be acknowledged.

8.5 You must not use any part of the content on My Wavin for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6 If you print off, copy or download any part of My Wavin in breach of these terms of use, your right to use My Wavin will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Do not rely on information on My Wavin

9.1 The content on My Wavin is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on My Wavin.

9.2 Although we make reasonable efforts to update the information on My Wavin, we make no representations, warranties or guarantees, whether express or implied, that the content on My Wavin is accurate, complete or up to date.

10. We are not responsible for websites we link to

10.1 Where My Wavin contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

10.2 We have no control over the contents of those websites or resources.

11. Our responsibility for loss or damage suffered by you

11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

11.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Online Terms and Conditions of Supply [INSERT LINK TO ONLINE TERMS AND CONDITIONS OF SUPPLY].

11.3 We exclude all implied conditions, warranties, representations or other terms that may apply to My Wavin or any content on it.

11.4 We will not be liable to you 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:

(a) use of, or inability to use, My Wavin; or

(b) use of or reliance on any content displayed on My Wavin.

11.5 In particular, we will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage.

12. How we may use your personal information

We will only use your personal information as set out in our [LINK TO PRIVACY & COOKIE STATEMENT].  Our Privacy & Cookie Statement also sets out information about the cookies on My Wavin.

13. We are not responsible for viruses and you must not introduce them

13.1 We do not guarantee that My Wavin will be secure or free from bugs or viruses.

13.2 You are responsible for configuring your information technology, computer programmes and platform to access My Wavin. You should use your own virus protection software.

13.3 You must not misuse My Wavin by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to My Wavin, the server on which My Wavin is stored or any server, computer or database connected to My Wavin. You must not attack My Wavin 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 Dutch Criminal Code (Wetboek van Strafrecht). 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 My Wavin will cease immediately.

14. Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Dutch law. We both agree to the exclusive jurisdiction of the courts of The Netherlands.

15. Our trade marks are registered

The Wavin trade marks appearing on My Wavin, www.wavin.com or any other website listed within www.wavin .com are trade marks of Wavin Limited, its group companies and/or its licensors. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under clause 8.