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PERI Terms and Conditions of Use of peri.com.ph

valid from 2015 April, 23

Preamble

 

PERI Philippines (hereinafter referred to as “PERI”) provides entrepreneurs and consumers (hereinafter referred to jointly as “Users”) under the domain www.peri.com.ph with a website (herein referred to as “PERI Website”).

 

  1. Scope of application
    1. The “PERI Terms and Conditions of Use peri.com” (hereinafter also referred to as “Terms and Conditions”) supplement the General Terms and Conditions of Business of PERI in the respective version valid when the contract is concluded (hereinafter referred to as “PERI T&Cs”).
      The PERI T&Cs can be downoaded here:  PERI Business Terms (PDF).
      In the event of contradictions between these Terms and Conditions and the PERI T&Cs, these Terms and Conditions will take precedence.
       
    2. These Terms and Conditions are a translation of the original version in German. The wording of these Terms and Conditions is always to be interpreted based on the original German version.
       
    3. These Terms and Conditions apply solely for the use of the domain www.peri.com. Separate terms and conditions of use apply for other websites and domains provided by PERI.
       
    4. Separate terms and conditions apply for the use of apps, web-based applications and of software provided by PERI: PERI terms of usage for apps and web-based applications and terms and conditions for the online portal myPERI (hereinafter referred to jointly as “other PERI terms and conditions of use”). In the event of contradictions between these Terms and Conditions and other PERI terms and conditions of use, the other PERI terms and conditions of use take precedence over these Terms and Conditions.
       
    5. The other business relationships will not be affected by these terms and conditions.
       
    6. By using the PERI Website, the user declares his or her agreement with the validity of these terms and conditions.
       
  2. Protective clause
    Unless another contractual agreement is explicitly reached, solely these Terms and Conditions apply for using the PERI Website. Other regulations, in particular the user’s general terms and conditions of business, do not become a component of the contract, even if PERI does not explicitly contradict them.
     
  3. Services of PERI and granting of the right of use to the PERI Website
    1. On the PERI Website, PERI provides both
      - information on PERI products and projects in the form of illustrations, renderings, drawings and photographic recordings, graphics (hereinafter referred to jointly as “Images”) and texts as well as
      -  software in the form of web-based applications(hereinafter referred to jointly as “Information and Software”) for retrieval or downloading.
       
    2. All Images are momentary snapshots. PERI is not obligated to depict all individual parts and elements of a PERI product in the Images.
       
    3. With the provision of Information and Software, PERI grants the user a non-exclusive and non-transferable right to use the Information and Software as it is agreed, or if nothing is agreed, as it corresponds to the purpose pursued by PERI when making available and providing the PERI Website.
       
  4. Purpose of the PERI Website
    The purpose of the PERI Website is to provide the user with information.
     
  5. Rights of use to the PERI Website
    1. The use of the PERI Website and the Information and Software provided by the PERI Website is subject to these Terms and Conditions, unless other PERI terms and conditions of use take precedence over these terms and conditions.
       
    2. The PERI Website, the information and the software may not be sold, leased or licensed by the user to third parties, or be provided for their use in other ways. Unless otherwise permitted by mandatory legal regulations, the user may not change or reverse engineer or translate the Information and Software, nor may he or she remove parts from them.
       
    3. The information and the software on the PERI Website are protected both by copyright laws and also by international copyright contracts and by other laws and agreements regarding intellectual property. The user will comply with the laws pursuant to the aforementioned clause, in particular shall not remove alphanumerical codes, trademarks and copyright notices from the Information and Software or copies thereof. For the rest, sections 69a et seq. of the Copyright Act (UrhG- Gesetz über Urheberrecht und verwandte Schutzrechte) remain unaffected.
       
    4. Information, brand names and other content may not be copied, reproduced, leased, used, supplemented or otherwise used without prior written consent from PERI.
       
    5. The use of the PERI Website is currently not restricted in regard to time.
       
  6. Obligations of the user
    1. When using the PERI Website, the user may not
      1. breach good morals with his or her usage behaviour;
      2. breach industrial protection and copyrights or other property rights;
      3. communicate content with viruses, so-called Trojan horses or other programming that can harm the Information and Software.
         
    2. The user is obligated to arrange safety precautions and anti-virus software on his/her devices himself/herself.
       
  7. Guarantees
    1. PERI does not give any guarantees or assurances. In particular, PERI does not guarantee that the information provided to the user on the PERI Website is correct.
       
    2. PERI does not provide any guarantee for the PERI Website being available at all times or it being free of technical faults.
       
  8. Hyperlinks
    The PERI website may contain hyperlinks to websites of third parties. PERI does not assume responsibility for the content of the websites of third parties nor does PERI adopt these websites and its content as its own because PERI does not check the linked information and is also not responsible for the content and information provided there. The hyperlinks are used at the user’s own risk.
     
  9. Liability for legal and material defects
    If Information and Software is provided free of charge to the user on the PERI Website, liability on the part of PERI for material and legal defects in the Information and Software, in particular for their correctness, freedom from errors, freedom from protection and copyrights of third parties, completeness and/or usability, is excluded, except in the case of wilful intent or malice.
     
  10. Other liability, viruses
    1. The liability of PERI for material and legal defects is based on the provisions in Clause 9. For the rest, any liability on the part of PERI is excluded, if liability is not mandatory pursuant to the German product liability law (Produkthaftungsgesetz), due to wilful intent, gross negligence, due to injury to life, body or health, due to the assumption of a guarantee for quality, due to fraudulent concealment of a defect or due to the breach of fundamental contractual obligations. The compensation claim for the breach of fundamental contractual obligations, however, is restricted to the predictable damage typical of this type of contract, unless wilful intent or gross negligence exists.
       
    2. Although PERI strives at all times to keep the PERI Website free of viruses, PERI does not guarantee any freedom from viruses. Before downloading Information and Software, the user will arrange appropriate safety equipment and virus scanners for his or her own protection and for the prevention of viruses on the PERI Website.
       
    3. A change in the burden of proof to the disadvantage of the user is not associated with the regulations above in Clauses 10.1 and 10.2.
       
    4. If the liability of PERI is excluded or restricted, the same also applies for the liability of legal representatives, employees or vicarious agents of PERI.
       
  11. Further development / termination
    1. PERI is not obligated to further develop or enhance the PERI Website and the Information and Software provided there to the user.
       
    2. PERI also reserves the right to terminate the provision of the PERI Website at any time and without giving reasons.
       
  12. Data protection
    The regulations regarding data protection can be found in the data protection declaration that can be found at
    http://peri.com.ph/terms-of-use.html.
     
  13. Amendment of the Terms and Conditions of Use
    PERI reserves the right to amend these Terms and Conditions of Use at any time. There will be no explicit reference to the amendment of the Terms and Conditions of Use.
     
  14. Choice of law
    The law of the Federal Republic of Germany shall apply exclusively, with preclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
     
  15. Place of jurisdiction
    1. The place of jurisdiction for all disputes arising from the contractual relationship is the headquarters of PERI GmbH, Rudolf-Diesel-Straße, 89264 Weißenhorn, GERMANY. The regulation of the clause above only applies if the user is not a consumer pursuant to Section 13 of the German Civil Code (BGB – Bürgerliches Gesetzbuch).
       
    2. PERI reserves the right to file legal action at the user’s statutory place of jurisdiction.
       
  16. Place of fulfilment
    The place of fulfilment is the headquarters of PERI GmbH, Rudolf-Diesel-Strasse, 89264 Weissenhorn, GERMANY.
     
  17. Contacting PERI
    Please address questions regarding the use of the PERI Website via e-mail to the following e-mail address: info@peri.com.