Please read these terms and conditions (the “Terms”) carefully before using the Omega Thermo Products ("OTP") Website ("Site").
Omega Thermo Products BV
T. +31(0)53 851 88 00
F. +31(0)53 851 88 69
Trade Register (KvK) number: 06060252. VAT registration number: NL008774377B01
By using the Site you signify your consent to these Terms. If you do not agree to the Terms please do not use the Site. The Terms addresses your legal rights and obligations and includes important disclaimers and choice of law and forum provisions. Please read carefully. Ownership of the Site The Site is owned and operated by Omega Thermo Products BV ( herinafter referred to as OTP) OTP under the laws of The Netherlands, having its principle office in Enschede, The Netherlands.
Please feel free to browse the Site. OTP grants you permission to view this Site and to print or download material displayed on the Site for your own personal, non-commercial use, provided that you agree to and accept without modification the notices, terms and conditions and provided that you keep intact all copyright, trademark and other proprietary notices. You may not however copy, reproduce, republish, upload, transmit or distribute in any way, shape or form, all in the broadest sense of the word, the contents of this Site, including the text, images, audio and video for public or commercial purposes, without prior obtained written permission from OTP. You are also prohibited from using any content of this Site in a frame on any other internet site in any way. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition as a condition of your use of this Site, you represent and warrant to OTP that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.
Any communication or material that you transmit to the Site by forms or otherwise is, and will be treated as non-confidential and non-proprietary information. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that may violate any law.
Links to and from other materials
OTP may provide hyperlinks to third party sites. The linked sites are not under the control of OTP and in no way is OTP responsible for the content of any such linked site or for the content of any site linked to such linked site. OTP does not endorse companies or products to which it may provide hyperlinks and OTP reserves the right to note as such on its Site. OTP reserves the unilateral right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so at your own risk.
OTP takes great care in creating and maintaining this Site, and in providing accurate and up-to-date content such as, but not limited to, product descriptions. However, the content of this Site is subject to frequent modifications without prior notice. Therefore, OTP does not warrant and/or guarantee in any way shape or form the fitness for any particular purpose, the correct and actual status of said content. The visitors to the Site accept OTP's exoneration of any liability whatsoever for the content on or of the Site, the software on the Site or for any use made of it.
The texts, images, videos, layouts, drawings, databases, files and other items on this Site, as well as the Site itself, are protected by OTP’s intellectual property rights (IPR) in the most broad sense of the word, such as but not limited to (pending) patens, copyright, know-how and protected by any and all legal rights of the producer of the database. Some of the names, signs and logos on this Site are protected trademarks or trade names. Nothing contained on the Site should be construed as granting any license or right to use any trademark, displayed on the Site without the expressed written permission from OTP or such third party that may own the trademarks displayed on the Site. Any copy, adaptation, translation, arrangement, modification, or any use whatsoever of the whole or of any part of this Site of its protected elements, in any form and by any means, is strictly prohibited.
Your use of and browsing in this Site is at your own risk. OTP does not warrant that the Site, the software used for this Site, and the information, the on-line applications, or any other services provided by means of this Site are error-free, or that their use will be uninterrupted. OTP expressly excludes and disclaims all warranties related to the above-mentioned subject matter, including, without limitation, those of accuracy, condition, merchantability and fitness for particular purpose.
Notwithstanding anything to the contrary in this Site, in no event and regardless on whichever legal basis,shall OTP be liable for any loss of profits, revenues, indirect, special, incidental, consequential, or other similar damages arising out of or in connection with this Site or out of the use of any of the services proposed by means of this Site.
THE MATERIAL AND CONTENT POSTED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS WARRANTY OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL OTP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF OTP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Furthermore, OTP does not warrant the accuracy or completeness of information of links or other items contained within these materials that have been provided by third parties.
OTP cannot guarantee the availability of any particular product displayed on this Site. OTP reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, which may be provided to you in order to access specified areas within the Site. You may not sublicense, assign or transfer any licenses granted by OTP, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
Choice of Law and Forum Provisions
This Site resides on a server in Enschede, The Netherlands. You agree that these Terms and your use of this Site are governed by the laws of The Netherlands. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in The Netherlands in all disputes (a) arising out of, relating to, or concerning this Site and/or these Terms, (b) in which this Site and/or these Terms is an issue or a material fact, or (c) in which this Site and/or these Terms is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
OTP has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of these Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall govern such use.