SECURITY POLICY, TERMS OF ACCESS AND TERMS OF USE
OF THE INTERNET RESOURCE
1. TERMS AND DEFINITIONS
The following terms are used in these Terms and Conditions with the following meanings:
1.1 SEW-EURODRIVE:
the following persons, both jointly and separately:
1) SEW-EURODRIVE GmbH & Co KG
(legal entity registered in Germany, registration number DE143080517);
2) Owner;
3) Subsidiaries and related organizations and affiliates of SEW-EURODRIVE GmbH & Co KG, the Owner;
4) Other legal entities within SEW-EURODRIVE Group as decided by SEW-EURODRIVE GmbH & Co KG.
1.2 Web-pages: Internet resource kz.sew-eurodrive.com, including all its sections, subsections, pages and other structural parts.
1.3 Owner: SEW-EURODRIVE LLP - legal entity registered in the Republic of Kazakhstan, BIN 090740014308.
1.4 Intellectual Property: domain name; design of the Web Pages; Web Pages as a composite work; codes contained in the user interface and structure of the Web Pages, source code, object code; all materials, including, but not limited to, documentation, images, copyrights, related rights, trademarks, trade names, logos, service marks, inventions, utility models, designs, patents, trade secrets; nameplates, name and design of Products and other merchandise; rules of use; and all other materials, including, but not limited to, documentation, images, copyrights, related rights, trademarks, trade names, logos, service marks, inventions, utility models, industrial designs, patents, trade secrets.
1.5 Materials: content of the Web Pages, including (but not limited to) any information and works on the Web Pages, in any form or expression (including graphic, text, audio and/or visual or other), documentation (including documents, received through the Web Pages), graphics, sound files, video files, animation files, other files, podcasts, data contained in RSS and Atom feeds (feeds) and files, databases, electronic information resources, operating rules, technical, operational and other documents for the Products; Intellectual Property.
1.6 User: whether or not registered on the Web Pages - any visitor to the Web Pages, any person using the functionality of the Web Pages, or familiarizing with the Materials or entering data into the form fields of the Web Pages, or claiming access to the Web Pages or Materials.
1.7 Products: Goods, services and works, information about which is provided on the Web Pages.
1.8 Consent to the Use of Data: Consent to the collection and processing of personal data and other information to the extent and under the terms and conditions posted on the Web pages at the link Data protection information
1.9 Intended Use: provided that such User has lawful access to the relevant part of the Web Pages as provided and authorized by the Owner and the User does not violate prohibitions and restrictions:
1) familiarization for non-commercial purposes of their personal or the organization represented by the User, with the information publicly available on the Web pages;
2) use of the functionality provided by the Web Pages (e.g. selecting parameters of the Products by entering or selecting information in form fields, familiarizing with the operating rules or technical documents for the Products on the Web Pages). The functionality of the Web Pages may differ for registered/authorized and unregistered/unauthorized Users.
1.10 Computer: An electronic computer (including computer, tablet, laptop, notebook, mobile device and other relevant equipment).
2. GENERAL CONDITIONS
2.1 Owner is the legal owner of the Web Pages and has the rights to own and use the Web Pages and is the operator of the Web Pages.
2.2 Terms and Conditions are determined by the Owner in accordance with the laws of the Republic of Kazakhstan (including legislation on informatization, on intellectual property protection, on personal data and their protection).
2.3 Terms and Conditions are binding for all Users. Terms and Conditions are established, supplemented, amended and deleted by the Owner unilaterally without the agreement of anyone.
2.4 Owner may at any time revise, amend and supplement the Terms and Conditions and the text of the Data Use Consent by updating these publications. Such updates take effect immediately and are binding for the User. The Owner is not obliged to notify the Users about the update (change, amendment) of the Terms and Conditions and the Consent to Use Data.
2.5 The new version of the Terms shall supersede the previous version of the Terms as soon as soon as it is posted on the Web Pages.
2.6 The User should review the applicable Terms and Conditions and the Data Use Consent whenever accessing the Web pages.
2.7 The User must immediately cease using the Web Pages if the User does not agree to the Terms and Conditions or the provisions of the Data Use Consent.
2.8 The User confirms by his/her actions in accessing the Web pages that the User, without any restrictions or reservations:
2.8.1. has carefully and fully read the Terms and Conditions and the Data Use Consent, found them understandable and acceptable and fully agreed to them;
2.8.2. has provided his or her Consent to the use of the data;
2.8.3. has accepted the obligations arising from the Terms and Conditions and the Data Use Consent.
2.9 Persons who do not agree with the Terms and Conditions and/or the Consent to Use Data are prohibited from accessing the Web Pages, viewing the Materials, entering data into the form fields of the Web Pages, sending messages through the Web Pages, or using the functionality of the Web Pages.
3. REGISTRATION AND AUTHORIZATION
3.1 For security reasons, taking into account legal issues, some parts of the Web pages are password protected and have restricted access. Access to them is only allowed to registered Users.
3.2 While using Web pages in a number of cases determined by the Owner, the User must undergo a registration and/or authorization procedure (multi-factor authentication).
3.3 The Owner is entitled to deny the right of access by blocking the login data of the Web pages without explanation, in particular if:
3.3.1. User provides incorrect information when registering, or,
3.3.2. User is no longer authorized to use Web pages that are password protected and/or accessible only to registered/authorized Users, or
3.3.3. User violates applicable laws or neglects the duty of care with regard to User data,
3.3.4. Other cases at the discretion of the Owner.
3.4 When registering, the User is obliged to provide complete and accurate information about himself. In case of their changes the User is obliged to notify the Owner immediately. The User may not register under a pseudonym and is obliged to provide his/her valid personal data.
3.5 The User registers by providing his/her name (including surname, first name) corresponding to their identity document, e-mail address, other data, and selecting a password. The owner or SEW-EURODRIVE will then send an e-mail to the entered e-mail address, which contains a confirmation link to the e-mail address provided by the User during registration. Access to the password-protected pages is activated when the User clicks on the confirmation link, thereby certifying that he/she is the owner of the e-mail address provided during registration. The User must ensure that he/she receives emails sent to the specified email address. The user should check his/her spam folder if the e-mail has not arrived in the inbox.
3.6 Only individuals can register on the web-site using corporate e-mail address (i.e. the domain must be individualized for a real company or group of companies). User registration with e-mail domains not individualized for a particular company or group of companies, including those representing public e-mail service (gmail.com, mail.ru, yandex.kz, yandex.ru, yahoo.com, hotmail.com and others) is not carried out.
3.7 By registering on the Web pages, the User acknowledges on his/her own responsibility that the company he/she represents has authorized the User to access the information and functionality of the Web pages that is only available to registered / authorized Users. Prior to providing the link during the registration of the User, the Owner or SEW-EURODRIVE is entitled to verify (also by means of transferring and requesting relevant information from other persons) whether the organization represented by the User has indeed authorized the User to access information on the Web pages with restricted access. Registration and access to such Web pages may be blocked and/or canceled without explanation and without notice to the User if such authorization is not confirmed or if it expires.
3.8 If the User learns that any person is misusing his/her User Data, he/she must immediately notify the Owner in writing (or provide prior notice by e-mail). Upon receipt of this notification, the Owner and SEW-EURODRIVE are entitled to block access to the password-protected area associated with the User Data.
3.9 The User has the right to request the deletion of the registration at any time, if this is not prevented by the current contractual relationship. Upon receipt of this request, the User's registration on the Web pages will be deleted and access to the Web pages will be blocked for the User. However, SEW-EURODRIVE is entitled to retain the User's personal data in the cases and for the purposes specified in the Data Use Consent.
4. INTELLECTUAL PROPERTY
4.1 Web Pages and Intellectual Property are protected by copyright and other intellectual property rights in Kazakhstan and elsewhere, including in Germany. Clauses 69A and the German Copyright Act («Urheberrechtsgesetz») shall apply together with other applicable provisions of Kazakhstan and other laws.
4.2 All exclusive, proprietary and other rights to the Web pages, Materials and Intellectual Property belong to the Owner, the respective SEW-EURODRIVE company and/or other rights holders (where applicable). The User shall respect these rights and shall not infringe them.
4.3 The User is granted only the right of temporary Intended Use. Any other use of the Web Pages, Materials, Intellectual Property is prohibited.
4.4 SEW-EURODRIVE does not grant the User any other rights of any kind besides the right of Intended Use. The User does not acquire any ownership, exclusive, proprietary, personal, non-property or other rights to the Materials, Intellectual Property and other information obtained through the use of the Web pages.
4.5 In all cases of authorized Intended Use, the User shall maintain the integrity of the Materials and the identity of the Materials and the copyright holders.
4.6 Without written permission of the Owner, SEW-EURODRIVE and/or any other copyright holder, it is prohibited to quote the Materials, use (including, but not limited to, reproduction in whole or in part, downloading the Materials to computer memory and electronic storage media, distribution, transfer, publication, public communication), link to any of the Materials, translate, process or otherwise make any reference to the Web pages, Materials (in electronic or other form) for public, commercial or other purposes. This also applies to any Intellectual Property.
4.7 Any unauthorized intentional and unintentional actions by the Owner in relation to the Web Pages, hardware and software complex and informatization objects of the Web Pages, Intellectual Property and Materials are prohibited. This includes, but is not limited to, altering, modifying, copying, duplicating, blocking, destroying, relocating, disrupting, or violating the integrity and security of the Web Pages, Intellectual Property and Materials.
4.8 Collection and processing by the User of personal data posted on the Web pages (other than the use of contact data for feedback) is not allowed.
4.9 Any message, document, image, video or audio recording or other information that the User transmits to the Owner, SEW-EURODRIVE, by e-mail or via the Web pages or otherwise, including any data, information, questions, comments, suggestions or anything similar, will not be confidential, except as defined in a separate written agreement between the User and the Owner.
4.10 Anything that the User transmits through the Web Pages and other communications and publishes or posts on the Web Pages may be used by the Owner and SEW-EURODRIVE for any purpose, including but not limited to reproduction, disclosure, transmission, publication, distribution, dissemination, provision, public communication, public display, public performance, translation, processing, modification, copying, broadcasting and publication. Furthermore, Owner and SEW-EURODRIVE may use any ideas, concepts, know-how and techniques contained in any communication sent by User for any purpose whatsoever, including but not limited to developing, manufacturing, marketing and selling products using such ideas, concepts, know-how and techniques.
5. EXPORT CONTROL AND RESTRICTIONS
5.1 Export of certain information and services (due to their intended use or destination) may require authorization in regards with EU, EU member and/or U.S. export regulations.
5.2 Access to the Materials provided on the Web pages is only permitted if the User guarantees compliance with the export regulations (among other restrictions). If these rules are not observed, SEW-EURODRIVE reserves the right to refuse access to the Web pages and Materials.
6. RIGHTS AND OBLIGATIONS OF THE USER
6.1 During registration and authorization the User is obliged to act personally and use only his/her valid data, the User is not entitled to use data of other persons.
6.2 User shall not transfer passwords and conditions for authorization to other persons, login to the Web pages of limited use, as well as shall not provide the opportunity to use Web pages and Materials to other persons on behalf of the User or under his/her login data.
6.3 The User guarantees that no person other than the User will have access to the passwords, information, software, documentation and User data provided in the process of registration and authorization on the Web pages.
6.4 Web pages protected by a password are confidential. The User is obliged to respect the confidentiality regime and not to provide access other unauthorized persons.
6.5 User may not modify, sell, rent, lease, to any person, publish, distribute, post on the Internet or otherwise make available to others, or otherwise dispose of the Materials, information, documentation and other information obtained through the Web Pages.
6.6 The User is not permitted to back up, modify, alter the software or its documentation, decompile or disassemble code, related to the Web Pages.
6.7 The User is not given access to the source code of the Web Pages. If the Web Pages use open source code with other licensing terms that take precedence over the Terms, the Owner will be governed by those terms, without reimbursement of any costs to the User.
6.8 The user undertakes responsibility for all activities that are carried out using his/her user data.
6.9 The User is prohibited to:
6.9.1. cause harm to all individuals/entities or to violate their personal rights;
6.9.2. download any information and computer programs containing viruses and any other programs and data that may damage the software;
6.9.3. create an information security threat, information security event and/or incident (as understood by Kazakhstani law);
6.9.4. unlawfully obtain, copy, distribute, modify, use, destroy, block the Web Pages and Materials;
6.9.5. move and distribute electronic information resources related to the Web Pages;
6.9.6. disrupt the operation, functioning, integrity and security of the Web Pages and Materials;
6.9.7. to carry out an unauthorized by the Owner access to the Web Pages and Materials; to carry out unauthorized by the Owner impact on the Web Pages, Materials and objects of information and communication infrastructure;
6.9.8. decompile (including reproducing and converting object code into source code) computer programs, adapt, modify (rework) computer programs related to the Web pages;
6.9.9. violate norms of public morality and ethics;
6.9.10. transmit, store or upload hyperlinks or content that the User is not authorized to view, in particular in cases where such hyperlinks or content violate confidentiality obligations or are unlawful;
6.9.11. disseminate illegal information (texts, images, audio and video recordings and other information) in any form;
6.9.12. distribute advertising and spontaneous e-mail messages (so-called “spam”), misleading warnings about viruses, defects and similar information;
6.9.13. impose or request for participation in any political parties, social movements, non-profit organizations, lotteries, pyramid schemes, forwarding letters to other recipients, scams, frauds or similar activities, or other activities that are or may be illegal;
6.9.14. to carry out propaganda of any kind;
6.9.15. publish on the Web pages, send to the Owner, SEW-EURODRIVE illegal, offensive, abusive, advertising, threatening, defamatory, libelous, obscene, objectionable, inflammatory, pornographic, blasphemous, false materials and information, as well as materials that may constitute or provoke behavior that would be considered a criminal or administrative offense, lead to civil liability, or other violations of the law.
6.10 Owner and SEW-EURODRIVE reserve the right to block User's access to the Web pages at any time and for any reason or no reason, without giving any reason, including if the User has violated their obligations set out in the Terms and Conditions.
6.11 User shall immediately notify Owner in writing as soon as User loses the right to access information about orders of Products on behalf of its purchaser, and shall cease accessing information about such orders.
7. REFERENCE DOCUMENTS AND LINKS
7.1 Web pages may contain links to other Internet resources. The Owner declares that the linked Internet resources, in the opinion of the Owner, did not have illegal content at the time the link was created. At the same time, the Owner has no possibility to check the quality, reliability, completeness and legality of the information posted on such Internet resources. Therefore, the User visits these Internet resources at his own risk.
7.2 SEW-EURODRIVE is not responsible for the current and future design and content of the linked and/or referenced Internet resources and their privacy policies. Therefore, SEW-EURODRIVE cannot assume responsibility for the legality, correctness, reliability, completeness or quality of the information provided on these Internet resources at the time of linking and subsequently, or guarantee that it is up-to-date. SEW-EURODRIVE also does not guarantee that visiting such websites is safe.
7.3 SEW-EURODRIVE disassociates itself from all content from external internet sources other than the Web pages and assumes no responsibility for such content. This statement applies to all links from the Web pages to external Internet resources and their contents.
8. EXCLUSION OF OBLIGATIONS AND RESPONSIBILITY
8.1 Materials are provided on the Web pages as they are, without any warranty or obligation on the part of the Owner or SEW-EURODRIVE.
8.2 Neither the Owner, SEW-EURODRIVE nor any other party involved in the creation, production, hosting or publication of the Web Pages shall have any duty to the User or make any promises to the User in connection with the Web Pages and Materials and shall not be liable for any loss, damage, loss of profit of any kind in connection with the Web Pages and/or Materials.
8.3 The Owner and SEW-EURODRIVE may at any time and without prior notice modify, amend or remove the Web pages, Materials, in whole or in part; suspend or terminate access to them.
8.4 Owner and SEW-EURODRIVE do not guarantee or promise continued access to the Web Pages and Materials.
8.5 Since Materials are provided free of charge via the Web pages, the Owner and SEW-EURODRIVE make no warranties and have no obligations with regard to the Materials. Any liability of the Owner and SEW-EURODRIVE for defects in the quality of the information or title to it, especially with regard to its correctness, and other defects, claims or rights of third parties or with regard to completeness and/or suitability for the intended use is excluded.
8.6 Materials may contain specifications or general descriptions relating to the technical capabilities of individual Products, which in some cases may not be available (e.g., due to changes made to the Product). Materials are not binding and do not constitute commercial offers, proposals or offers to conclude a contract in the legal sense. Equally, applications and other communications by the User sent through the functionality of the Web pages do not and can not be considered as an offer or a proposal to conclude a contract. Consequently, required performance characteristics of the Products as well as other terms and conditions of delivery or other arrangements must be agreed upon on a case-by-case basis for each individual purchase.
8.7 Web pages do not contain any offers to enter into any contracts or transactions with respect to the Products. Any material about any Products does not constitute an offer or promise by the Owner or SEW-EURODRIVE to sell or otherwise transfer the Product. No contracts for the Products are made through the Web pages.
8.8 Owner has the right to place advertisements on the Web pages. The User agrees that the Owner shall have no responsibility or liability in connection with such advertising.
8.9 Owner has the unconditional right to delete and not publish any pages, actions, data, comments, messages, registrations, personal accounts, accounts (if any) of Users on the Web Pages without notifying the User and without giving any reasons.
8.10 Owner and SEW-EURODRIVE are not responsible for the possible presence of viruses on the Web pages or in the Materials. The User is obliged to take appropriate security measures before downloading the Materials for the safety of the User and the Web Pages. (Note: this paragraph shall not be considered as an excuse for illegal downloading of the Materials).
8.11 Owner and SEW-EURODRIVE do not provide any services to the User for the User's posting on or using the Web pages.
9. MISCELLANEOUS
9.1 Web pages are not intended for and should not be used by minors.
9.2 Web pages are not an Internet publication (mass media), nor are they an electronic trading platform, an information and advertising trading platform or an e-commerce medium.
9.3 Web Pages do not use referral systems, targeted online advertising or profiling to provide Materials to the User.
9.4 Web pages do not constitute an online platform within the meaning of Kazakhstan law.
9.5 The User is hereby notified of the passive collection of data about him/her, as well as the use of intelligent robot, artificial intelligence, automated data collection and processing in relation to the User and his/her actions, cross-border data transfer as indicated in the Consent to Data Use.
9.6 If any of these Terms become illegal, invalid or otherwise unenforceable by operation of law, the remaining Terms shall remain in full force and effect.
10. APPLICABLE LAW, LIABILITY, DISPUTES AND COMPLAINTS
10.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, and foreign law may apply to Intellectual Property.
10.2 Disputes arising in connection with the Terms and Conditions shall be resolved in court at the location of the Owner in Almaty (Republic of Kazakhstan), and in respect of Intellectual Property rights of any SEW-EURODRIVE company - at the location of such company.
10.3 Before filing a claim in court, the user must send a claim to the Owner with supporting documents attached. The claim shall be sent in electronic form to the e-mail address kazakhstan@sew-eurodrive.com and in paper form to the postal legal address of the Owner. The term for consideration of the claim cannot be less than 45 (forty-five) working days from the date of receipt of the claim in paper form, unless another term is established by the applicable legislation of the Republic of Kazakhstan.
10.4 Complaints about the content, interface, other Users, actions of the Web pages can be submitted by the User in writing to the e-mail address kazakhstan@sew-eurodrive.com and in paper form to the Owner's legal mailing address. Complaints shall be considered by the Owner within twenty calendar days from the day following the day of receipt of the complaint in electronic or paper form.
10.5 In case of violation of the Terms and Conditions, the Owner and/or SEW-EURODRIVE are entitled to demand from the User and other persons compensation for damages, payment of compensation, as well as to take other actions to protect the violated rights and bring the guilty parties to responsibility in accordance with the applicable law.
Date of the present document posting on the web-pages: 12/2024.