Legal notice

 

This Website is published by:  

MICHELIN ROMANIA SA

Centre: Global City Business Park, 10 Bucuresti-Nord Road, Building O1, 3rd and 2nd room 1, Voluntari, Ilfov

Company registration number: 13663684

Hosted by: Microsoft Ireland Operations Ltd. 

One Microsoft Place, South County Business Park, Leopardstown, 

Dublin 18, D18 P521, 

Ireland 

+353 1 7063476  

 

KLEBER is a trading name of the MICHELIN Group which, as part of its tyre business, sells tyres under the brand name KLEBER. 

 

Please read this legal notice carefully before consulting this KLEBER website (the « Website ») dedicated to the KLEBER brand. 

 

The companies belonging to the Michelin Group are legal entities in their own right and possess an independent legal status. However, with a view to facilitating the communication of information on this Website, the following terms may be employed: “Michelin,”  “Group”, “Michelin Group” and “us”; these terms are used to designate all of the companies in the Group which each carry out their business independently. 

 

ARTICLE 1: PURPOSE 

 

The purpose of this legal notice is to set out the conditions under which Michelin makes this Website available to you and the terms and conditions governing your access to and use thereof. Your use of the Website is subject to your compliance with this legal notice, which Michelin reserves the right to amend or update at any given time. By accessing and using the Website, you are agreeing to be bound by the terms and conditions of this legal notice, as well as of Michelin’s privacy and personal data protection policy.

If you do not agree with the present terms, please immediately refrain from accessing and/or using this Website. 

 

ARTICLE 2: ACCESS TO AND USE OF WEBSITE AND CONTENT 

2.1 Website: Access and Use 

 

Michelin endeavors to ensure the Website remains available, without however being bound by any obligation to do so. Access to the Website may be modified, temporarily suspended or suppressed for the purposes of maintenance, updating or any other reason, notably of a technical, legal or security nature. Michelin shall not be held liable for these disruptions or any ensuing consequences for the user, whatsoever. 

You undertake to refrain from accessing or using the Website in a fraudulent manner. 

 

ARTICLE 3: INTELLECTUAL PROPERTY RIGHTS 

 

3.1 General 

The content (which shall include but not be limited to information, texts, files, graphs, data, software, database, API, images, photos, visuals, videos and sound tracks, trademarks and logos as well as the form of all said components and the actual Website itself) is protected by copyright and/or other intellectual property rights. The content is the exclusive property of its publisher. Any copy, reproduction, representation, use, adaptation, alteration, modification, translation or dissemination of the content, whether in full or in part, whether it belongs to Michelin or to a third party that has granted Michelin the rights thereto, by any process whatsoever, is unlawful, notwithstanding the limited rights granted to the user under Article 4 herein below and/or any private copy reserved for the exclusive use of its holder.

The content of this Website is subject to modification without notice and is published without any warranty whatsoever, whether express or implied, and may not give rise to any entitlement to compensation. The content is protected by ©2019MICHELIN or copyright of its partners. The logos are registered trademarks. 

Any data related to tyres types made available to the webusers for consultation constitutes a database, Michelin being the producer and owner of such database.

The content of these databases is as a consequence protected by author’s right, copyright and by the provisions of the French Law n°98-536 dated 1 July 1998 on the legal protection of databases which implements the directive 96/9/EC dated 11 March 1996. 

 

3.2 Additional rules related to Third Party Content 

Some “Third Party Content” (including but not limited to all information, text, files, images, graphics, visuals, software, data base, API, data, sound tracks, video, photographs, weblink, third party website, data feeds from social network services, rss feeds from blog posts, and data libraries and dictionaries and other content and material, in any format, obtained or derived from third party sources, outside of Michelin) may be made available/accessible to you through, within, or in conjunction with your use of, the Website. 

Any intellectual property rights and license to use relating to Third Party Content are determined by the relevant third party terms. 

 

ARTICLE 4: USE OF CONENT

 

Any tampering with content, modification thereof or use of the content for any purpose other than that for which it was authorized constitutes an infringement of the property rights of Michelin or third parties.

Michelin grants you the right to download and share the content subject to the following conditions: (I) if a download function is available, (II) if it is used for non-commercial purposes (III) and in good faith and (IV) if both the proprietary notices as well as the on-line publication date appearing in the content are left intact, where such information is shown. This right must in no way be interpreted as conferring a license, in particular pertaining to a brand or logo.

 

ARTICLE 5: ELECTRONIC COMMUNICATION 

 

To exchange information by e-mail with Michelin, you must fill in the e-mail forms available on the Website. Michelin’s responses to e-mails, and the provision of access to the Website and its content may not be deemed to represent or to constitute proof of any advertising, promotional or sales activity in the country where the user is located. 

 

ARTICLE 6: PROTECTION OF PERSONAL DATA 

 

As a general rule, users visiting our Website are not required to disclose their identity or provide personal information. However, you may be asked for personal information in response to an e-mail enquiry, to offer you a specific service, process an order or for marketing purposes.

The data collected via our Website are intended for the use of Michelin, selected partners and/or service providers acting on its behalf. Such service providers are contractually obligated to keep your personal data confidential and secure. They are required to use your personal data solely for the needs of the tasks entrusted to them.

Michelin undertakes not to sell, rent or trade your personal data to third parties.

In order to provide you with the best possible service, Michelin collects anonymous data regarding your use of our Website (such as browsing history and your log-in date and time). Michelin may use this data to analyze trends, compile statistics and measure Website traffic. You may opt out of having these cookies stored. However, should you choose to do so, you may not be able to access all parts of this Website. For further information, please consult our cookie policy.

Michelin collects the IP address of your computer in order to locate the city from where you are logging in to the Website. We will only retain the data for the time necessary to establish your location.

According to data protection regulations you have the right to access, rectify and request the deletion of any personal data you may have provided.

You are also entitled to oppose the collection and processing of your personal data by Michelin at no cost. Furthermore, you can refuse to permit the use of your data for prospecting purposes.

To exercise your rights, simply send a letter to dataprivacy_EUC@michelin.com

 

Please refer to our Privacy Policy and Cookie Policy. 

Our Website may contain links to other Internet sites. Michelin does not share your personal data with such websites except where social network buttons or plug-ins are used. If you follow a link to any of these websites, you are subject to the said website’s own privacy practices over which Michelin has no control and for which Michelin cannot accept liability.  

 

ARTICLE 7: LIMITATION OF WARRANTY AND LIABILITY 

 

7.1 General limitation 

 

Unless otherwise prohibited by mandatory local laws, the website and the content published and/or made available in or through the website is provided on an “as is”, without any warranty, express or implied, of any nature whatsoever and Michelin expressely disclaims any liability of any nature whatsoever regarding any part or all the contents and/or website. Michelin may not be held liable including but not limited to in the event of any contamination of your computing resources resulting from the propagation of viruses or other IT infections. It is your responsibility to take all appropriate measures in order to protect your computing resources. 

 

Michelin, its directors, employees, agents, suppliers or partners mentioned on the website may not in any event be held liable, under a contractual tort or any other claim, for any damage, whether direct or indirect, incidental or consequential, or of any nature whatsoever, or for any loss, in particular of financial or commercial nature, resulting from the (non) access to and/or the (non) use of the website or any information whatsoever obtained in or through the website, including but not limited to the third party content (as defined in article 3.2 above). 

 

It is strictly prohibited to create a hyperlink to illegal content as defined in Article 8.2. The Website may contain simple or embedded links towards the websites of Michelin partners or of third parties, with the authorization of the latter for embedded links. Michelin does not have any control over these websites and accordingly bears no responsibility whatsoever as to their accessibility, relevance, availability, content, advertising, products and/or the services available on or from these websites. Consequently, Michelin shall not bear any liability whatsoever for any direct or indirect damage which might result from your access to or use of the partners’ websites or for failure by these websites to comply with any applicable laws and regulations.

 

7.2 Interactive Services

 

Michelin is under no obligation to verify users’ content published on its Website. Michelin declines all responsibility arising from said content and the verification thereof. The user is solely responsible for any adverse consequences arising from the content posted. However, Michelin is entitled to perform any checks it might feel fit on all or part of said content, prior to or subsequent to its publication.

 

The user is solely responsible for the content of any material submitted to the Website. You represent that you hold all the necessary rights and authorizations to the content that you post. The user agrees to defend, indemnify and hold harmless Michelin from and against all complaints, claims, legal action or appeals filed by third parties alleging that all of part of the content published by or on behalf of the user on the Website is unlawful, violates applicable laws or regulations, undermines law and order, is contrary to generally accepted moral principles, fails to comply with this legal notice, is prejudicial to any third party or infringes their rights.

 

In the event of Michelin being convicted following a lawsuit brought on such grounds, the user having published said litigious content undertakes to reimburse Michelin for all and any damages awarded against Michelin including all legal expenses and lawyers’ fees.

 

7.3 Additional limitation regarding Third Party Content and Website  

 

The website may contain simple or embedded links towards third party content, with the authorization of the latter for embedded links. You acknowledge that michelin is not responsible for and under no obligation to control, monitor or correct such third party content; in addition, michelin bears no liability whatsoever as to their accessibility, relevance, availability, content, advertising, products and/or the services available on or from these websites. Consequently, michelin shall not bear any liability whatsoever for any direct or indirect damage which might result from your (non) access to or (non) use of the third party content and/or for failure by these websites to comply with any applicable laws and regulations.  

Michelin may update, change or modify the website as a result of a change in, or unavailability of such third party content or website. Michelin may also cease providing access to third party content or website without any liability to you. 

 

ARTICLE 8 : INTERACTIVE SERVICES        

 

Michelin may provide services which are intended to allow users to participate interactively on the Website including but not limited to participation in forums, contribution to on-line debates, posting of comments and/or articles, voting for content or establishment of an interface with an account on a social network.

 

8.1 Registration

 

The use of interactive services may be subject to prior registration by means of completion of a form. This registration leads to the creation of an account with a personal password. You may be required to provide your password to log in to benefit from certain services. Your password must therefore remain strictly confidential. You agree to notify Michelin forthwith in the event of your password being forgotten or stolen.

Personal data is processed as laid down in the provisions of Article 6 "Protection of Personal Data" hereinabove.

8.2 User-generated content
You may request that the moderator modifies or removes any content published in your name at any time by indicating the date of publication and the subject matter.

 

It is strictly forbidden to publish any content on the Website, of any type whatsoever, which violates applicable laws or regulations, undermines law and order or generally accepted moral principles, is detrimental to others or in breach of their rights and, in particular, content which is defamatory, offensive, obscene, discriminatory, threatening, contrary to the spirit of the Website, infringes any intellectual property rights of any other person, makes unauthorized use of  a third party’s personal data, utilizes another’s image without that person’s express consent or invades their privacy.

 

8.2 Illegal content and abuse

 

You acknowledge having been notified that moderation is used in order to verify or remove any content published by the users of interactive services which may be in breach of applicable laws and regulations or which has been reported by the legal authorities as such, without any entitlement to claim compensation in any form whatsoever.

 

ARTICLE 9: GOVERNING LAW AND JURISDICTION 

 

Any dispute relating to the Website or to this legal notice shall be brought before the Courts of Romania. The dispute shall be governed and construed in accordance with romanian law on the merits, independently of conflict of law. Use of the Website implies the user’s express consent to the application of this Article. In the event one of the terms of this legal information should be deemed to be illegal, null and void or inapplicable for any reason whatsoever, it shall be deemed to not be part of this legal notice and shall not affect the validity or application of the other terms. 

 

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