Terms of use of the POOLWEB website hereinafter (Blue Water Parts)
1. Acceptance of the terms of use of this website
PLEASE READ THESE TERMS OF USE(hereinafter, "TERMS") OF THE POOLWEB WEBSITE, hereinafter, BLUE WATER PARTS.
Blue Water Parts allows you to use this website, together with your employees, agents, contractors and any other entities (jointly referred to as "you") on condition that you agree to these terms, wiwh are entered into between you and Blue Water Parts and which you accept when you: (a) place an order via this website; (b) use this website in any other way; and/or (c) acknowledge acceptance of these terms.
IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT USE THIS WEBSITE.
This website (hereinafter, "Website") includes, without limitation, (a) the online services and any other online services accessible through this Website (jointly, the "Services"); (b) technical and contractual information, information about the product, programmes, prices, marketing and other relevant information (hereinafter, "Information"); and (c) content such as data, text, software, music, sound, photographs, videos, messages and other material (hereinafter, "Content"). Blue Water Parts controls and operates its websites from multiple locations and does not guarantee that it will be possible to use this website or that it will be available at every location. Blue Water Parts products and services may not be available in your area and deliverables may vary by location. If you are using the Website on behalf of your employer, you represent and warrant that you are authorised to accept these Terms on behalf of your employer and that your employer agrees to indemnify you and Blue Water Parts for any breach of these Terms. Notwithstanding these Terms and unless stated otherwise, Blue Water Parts' standard terms of sale in your area govern any purchases you make from the Website unless you have a separate purchase agreement, in which case said separate agreement will govern your purchases and will prevail in the event of conflict or dispute.
2. Obligations and duties
As part of your use of the Website, you agree to the following: (a) to provide complete, current and accurate information about you as may be requested in the registration form on the Website (hereinafter, "Registration Details"); (b) to guarantee the protection of your password and username; (c) to promptly update the Registration Details and all the information you provide to Blue Water Parts to ensure that it is complete, current and accurate; and (d) all risks associated with unauthorised access to the Registration Details and Information. You are responsible for protecting and safeguarding the data and/or equipment used with this Website.
You are fully responsible for any Content you upload, post or otherwise transmit via this Website. You agree not to upload, post or otherwise transmit via this Website any Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, malicious or otherwise unacceptable to Blue Water Parts or any other user of the Website; (b) involves the disclosure of personal information; (c) infringes or violates the intellectual property rights of any person; or (d) contains software viruses or any other computer code, files or programs from another computer that are designed to disrupt, destroy or limit the functioning of any software, computer or telecommunications equipment. Blue Water Parts reserves the right to edit or remove Content that violates these Terms or contains third-party commercial advertising.
You agree not to use this Website to: (a) send abusive mail, mass or unsolicited communications; (b) pretend to be Blue Water Parts or anyone else, or use the identity of Blue Water Parts or anyone else; (c) forge headers or otherwise manipulate identifiers (including URLs) to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with any person or entity; (e) disrupt the normal flow of communication or act in a manner that has a negative effect on how other users use the Website; (f) engage in any activity that violates the fiduciary relationship, applicable international, national, state or local laws or any regulations having the force of law, including without limitation, attempting to compromise the security of any site or network account, conducting an illegal lottery or gambling, stalking or making threats; or (g) collect or store personal data about other users unless specifically authorised to do so by said users.
3. Privacy of Blue Water Part's information
You may have direct access through the Website to certain confidential information about Blue Water Parts and its suppliers, including, but not limited to, technical and contractual information, information about the product, programmes, prices, marketing or other relevant information that should be treated as confidential (hereinafter, "Confidential Information"). You must keep this Information strictly confidential. Confidential Information remains the property of Blue Water Parts and its suppliers.
Your obligations with regard to Confidential Information expire five (5) years from the date of disclosure. In accordance with the Terms or at the written request of Blue Water Parts, you must cease using the Confidential Information and return or destroy it.
The Terms do not require you to respect Confidential Information for which you can provide sufficient evidence of the following: (a) you already had the information while not being under an obligation of confidentiality; (b) it forms part of the public domain; (c) you obtained it from a third party with a right of disclosure without being under an obligation of confidentiality; (d) you developed it independently without using the Confidential Information and without the participation of individuals who had access to the information; or (e) you disclosed it in response to a court or governmental order or other legal provision to establish each party's rights under these Terms and/or disclosed it after giving Blue Water Parts time to exercise its rights.
4. Content submitted to Blue Water Parts
Blue Water Parts does not claim ownership of the content you post on the Website and has no obligation of any kind with regard to such content. Except as otherwise provided herein or pursuant to Blue Water Parts' privacy policy, any Content you provide in connection with this Website shall be deemed to be provided on a non-confidential basis. Blue Water Parts reserves the right to use or distribute such Content without limitation and for any purpose. You grant Blue Water Parts and all other users of the Website a non-exclusive, royalty-free, worldwide, irrevocable licence to use, reproduce, modify, distribute, transmit, display, dispose of, resell or publish such Content (including in digital format). You represent that you have the appropriate permissions for international transfers and processing vis-à-vis Blue Water Parts, its affiliates and third-party suppliers concerning any information you may provide on the Website.
Blue Water Parts does not monitor the Content on a regular basis; however, Blue Water Parts and its creators reserve the right to monitor, restrict access to, modify or remove any Content available on the Website.
5. Email delivery
Blue Water Parts will attempt to deliver all emails sent to your email address on Blue Water Parts Services. However, the nature thereof is such that Blue Water Parts cannot guarantee the delivery of certain emails.
6. Compensation
You agree to compensate and hold Blue Water Parts and its affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including lawyers' fees, made by any third party due to or as a result of your Content, your use of the Website, your relationship with the Website (including any use made on behalf of your employer), your violation of the Terms, and your violation of any other party's rights.
7. Notification : modification and termination of services; Amendment of the Terms
Blue Water Parts may send you information by email, postal mail or notices or links to notices on the Website. Blue Water Parts reserves the right to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access thereto at any time with or without notice. Blue Water Parts may also delete or prohibit access to or the use of all information and associated files. You, or any third party, may not hold Blue Water Parts liable for any modification, deletion or termination of the Services or loss of related information. Blue Water Parts may amend these Terms at any time by posting the amended version on this Website.
8. Advertising and promotions
Blue Water Parts displays third-party advertising and promotions on the Website. Your correspondence, business transactions or participation in promotions of advertisers other than Blue Water Parts on the Website, including the payment and delivery of related goods or services, and any other terms and conditions, representations or warranties associated with such transactions, are exclusively between you and the advertiser in question. Blue Water Parts declines all liability for any loss or damage incurred as the result of any such transactions or the presence of advertisers on the Website other than Blue Water Parts.
9. Content provided via links
The Website contains links to other sites or resources. You acknowledge and agree that Blue Water Parts is not responsible for the availability of such external sites or resources, and that Blue Water Parts is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Under no circumstances shall Blue Water Parts be directly or indirectly responsible or liable for any actual or alleged damage or loss caused by or in connection with the use of any Content, goods or services available on or through any such site or resource and the terms thereof.
Setting up hypertext links to all or part of the site is strictly forbidden without the prior written authorisation of the publisher requested by email to info@poolweb.fr.
The publisher may refuse said authorisation without having to justify its decision in any way. Should the publisher grant permission, said permission shall be only temporary and may be withdrawn at any time on no obligation for the publisher to justify its decision.
In any case, all and any links must be removed on simple request from the publisher.
Any information accessible via a link to other sites is beyond the control of the publisher, who declines all liability for the content thereof.
10. Intellectual property rights
Except as expressly authorised by Blue Water Parts or the Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, frame, republish, upload, transmit or create, by any means whatsoever, derivative works of all or part of the Content owned by others. You may not modify, decompile, reverse engineer, or otherwise tamper with the Blue Water Parts software disclosed to you and you may not remove or alter any copyright, trademark, or other proprietary notices.
Blue Water Parts undertakes to respect the intellectual property rights of other parties and asks its users to do the same. If you consider that your work has been copied in a way that constitutes an infringement of copyright on our Website, please contact us.
Unless otherwise expressly agreed herein, nothing in these Terms may be construed as conferring any licence to any intellectual property rights by estoppel, implication or by other means. Permission to display, copy, distribute or download Blue Water Parts' Content on this Website is granted if: (a) the copyright notice relating to the Content is maintained and a permission notice (e.g. "Authorised use") is added to the Content; (b) the Content is used for personal, non-commercial purposes only; (c) the Content is not copied, posted to a networked computer or published in any other medium without express valid permission or licence for such medium; and (d) the Content is not modified in any way. This authorisation terminates automatically and without notice if you breach any of the terms of this section.
Upon termination, you must destroy any downloaded and/or printed Content immediately.
11. Exclusion of warranties
You use the website at your own risk unless explicitly agreed otherwise. The website, including the information, services and content (as defined in section 1. 2) is supplied "as is" and may contain faults. Blue Water Parts excludes all implied conditions, representations and warranties, including warranties of fitness for a particular purpose or non-infringement. Blue Water Parts provides no conditions, representations or warranties concerning the usability, quality, applicability, truthfulness, accuracy or completeness of the website.
Blue Water Parts does not warrant the following in any way: (a) the uninterrupted, fast, reliable and error-free operation of the website; (b) the accuracy or reliability of the results obtained from using the website; (c) your satisfaction or fulfilment of your expectations regarding the quality of the products, services, content, information or other material purchased or obtained from the website; or (d) the correction of any errors on the website.
You accept the risk of damage to your IT system or loss of data when obtaining content from the website, including damage caused by computer viruses.
12. Liability
As far as permitted by law, Blue Water Parts declines all liability for any direct, indirect, incidental, special, consequential or punitive damages of any kind (including, without limitation, loss of business, loss of profits, loss of use, loss of data, loss of electronically transmitted orders or loss of revenue) as a result of or in connection with the use of the website, even if Blue Water Parts has been warned of the possibility of such damages or could have anticipated them. This may be due to any cause whatsoever, including but not limited to breach of contract or fault (including negligence), and may be the result of the following: (a) the use or inability to use the website; (b) the cost of purchasing replacement goods or services resulting from goods, data, information or services purchased or obtained, messages received or transactions carried out on, via or from the website (c) any third-party statement or conduct on the website, including, but not limited to, unauthorised access to or alteration of transfers or data, malicious or criminal behaviour, false or fraudulent transactions; or (d) the content or information you upload, use, modify or distribute.
As a result of the fact that certain jurisdictions do not allow the exclusion or limitation of direct, incidental or consequential damages, parts of the above limitations or exclusions may not apply.
You are exclusively responsible for the equipment you use to connect to the site. You must take all appropriate measures to protect your equipment and your own data, especially from virus attacks via the Internet. You are also exclusively responsible for the sites and data you consult.
13. Blue Water Parts Privacy Policy
You consent to Blue Water Parts collecting, processing and storing your personal data in accordance with the terms of the Blue Water Parts Privacy Policy. You agree to comply strictly with all laws and restrictions and the terms of the Blue Water Parts Privacy Policy relating to your access, use and/or submission of personal data in connection with this website.
14. Legal information
Website: https://www.bluewaterparts.com
Publisher: Poolweb SAS, with a capital of 37,000 euros, with registered offices at Poolweb SAS - 96 Avenue du Progrès - 69680 Chassieu.
RCS Lyon, SIREN No. 497 984 336, represented by Fluidra Commercial France SAS in its capacity as President,
Telephone number: 04 26 29 04 50
Email address: info@poolweb.fr
Design and production: GetaDev Poolweb SAS, with a capital of 37,000 euros and registered offices at Poolweb SAS - 96 Avenue du Progrès - 69680 Chassieu.
RCS Lyon, SIREN No. 497 984 336, represented by Fluidra Commercial France SAS in its capacity as President,
Telephone number: 04 26 29 04 50
Email address: info@poolweb.fr.
15. Photographs and representation of products
The photographs of products included with their description are not contractual or binding for the publisher.
16. Applicable law
These terms of use of the site are governed by French law and are subject to the jurisdiction of the courts of the city in which the publisher has its registered offices. The user agrees to submit to the exclusive jurisdiction of the French courts in the event of a dispute arising from these general terms of use.
17. Contact us
If you have any questions or require information about the products shown on the site, or about the site itself, please send your message to the following address: info@poolweb.fr.
18. Data Protection
If you would like futher information about the processing of your data, please see our General Privacy Policy.
18. Use of cookies
This Website uses cookies. If you want to know more about cookies, please see our Cookies Policy.