Panasonic Heating and Cooling Systems Portal
(1) Panasonic Marketing Europe GmbH, Hagenauer Str. 43, 65203 Wiesbaden, Germany (hereinafter referred to as „Panasonic“) hereby provides a website (hereinafter referred to as the „Website“) via which duly registered users receive information relating to Panasonic’s products (hereinafter referred to as the “Ser-vices”).
(3) If you wish to use the Services, you must first agree to these terms and regis-ter with Panasonic’s website.
(4) By registering for the Services and/or by the use of this website, you agree to these present terms.
Section 3: Your Registration with the Website
Your contact data and other details requested by Panasonic during the registra-tion process must be complete and correct. If you register as a legal entity, an in-dividual authorised to represent the legal entity must also be named.
Section 4: Responsibility for Log-in Data
(1) You agree to keep confidential and not to disclose to any unauthorised third party the log-in data, including the password.
(2) In addition, you shall be obliged to ensure that only you and/or any persons authorised by you shall use your log-in data and the Services provided on the Website.
You shall be liable in accordance with statutory provisions for any use and/or other activity effected with your log-in data.
Section 5: Updating User Data
You shall be obliged to keep your data, including your contact data, up to date. Should the data you provided change during the time you use the Website, you shall be obliged to correct such data on the portal in your personal settings. Should you be unable to make such changes, please inform us of your changed data via e-mail or fax without delay.
Section 6: Offered Services and Availability of Services
(1) On the Website, Panasonic places Services at your disposal. The contents and scope of such Services shall be subject to the functionalities as available on the Website from time to time.
(2) Your right to use the Services available on the Website shall be subject to Panasonic's technical and operational facilities. To the extent possible, Panasonic shall endeavour to provide uninterrupted usability of its Services. However, technical malfunctions, such as interruption of power supply, hardware and soft-ware errors, technical problems within the data lines may cause temporary re-strictions or interruptions.
(3) You shall be responsible for the provision of the technical prerequisites neces-sary for the use of the Services in accordance with the contract within your scope of responsibility.
Section 7: Change of Services
Panasonic shall be entitled at any time to change the Services provided on the Website, to make available new Services free of charge and to cease to provide free Services.
Section 8: Protection of Contents, Liability for Third Party Contents
Section 9: Prohibited Activities
(1) Any activities on and/or in connection with the Website that violate applicable law, third-party rights or the principles of the protection of minors shall be pro-hibited. In particular, the following activities shall be prohibited:
– uploading, distributing, offering and marketing contents of a pornographic nature, that violate laws for the protection of minors, data protection law and/or any other law, and/or fraudulent contents, services and/or products;
– the use of contents by which other users or any third party are insulted or defamed;
– the unauthorised use, provision and distribution of contents, services and/or products protected by law or subject to third-party rights (such as copyrights).
(2) In addition, when you upload your own contents to the Website as well as when you communicate with other users, the following activities shall be prohib-ited, irrespective of whether any law is violated or not:
– the distribution of viruses, Trojans and other harmful files;
– the distribution of junk or spam mails as well as of chain letters;
– the distribution of insinuating, offensive, sex-related, obscene or defaming contents and/or communications as well as of contents and/or communica-tions that are suitable to support or promote racism, fanaticism, hate, physical violence or unlawful acts (in each case express or implied);
– harassment of other users, e.g. by initiating repeated personal contacts without or against such other user’s reaction as well as the promotion and support of such harassments;
– to request other users to disclose passwords or personal data for commer-cial or illegal purposes;
– the distribution and/or public disclosure of contents available on the portal to the extent such disclosure is not expressly permitted by the relevant au-thor or unless such contents are expressly provided as a functionality on the portal.
(4) Any action that is suitable to negatively affect the smooth operation of the Website, in particular to generate excessive traffic shall also be prohibited.
(5) In case of any suspected illegal and/or punishable act, Panasonic shall be en-titled and may be obliged to verify your activities and to implement suitable legal measures. This may include forwarding the facts to the public prosecutor’s office.
Section 10: Blocking access
Section 11: Limitation on Liability
Panasonic’s liability for any damage caused by your use of the Services provided on the portal (including retrieval of free contents) shall be limited to cases in which the damage you suffered was caused based on the contractual use of the contents and/or Services and only in case Panasonic acted with wilful intent (in-cluding fraudulent intent) and gross negligence.
Section 12: Miscellaneous
(2) The law of England and Wales shall apply.