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General Conditions of Use for TecTools Applications, version of September, 1st 2020
Tecumseh Product Company LLC, a specialist in the manufacture of compressors and condensing units, publishes and offers, by means of the software solution developed to run on computers, tablets and mobile terminals, functionalities allowing to find spare parts, according to the serial number (Application called TParts). These functionalities may be extended without prior notice to other areas and fields of application, such as, but not limited to, product selection tools, cross-search tools, etc...
The solution developed is primarily aimed at European customers, with a possible international scope due to the nature of its Internet access and the local laws in force.
The Site is accessible free of charge to any User with Internet access. All equipment (computer hardware, software, telephones, etc.) and the electronic communications costs resulting from their use (Internet access costs, telephone costs, etc.) to enable the User to access and use the Services, are at his expense.
Scope of Application - Enforceability
The TOS may be amended at any time, without notice, particularly in accordance with changes in the functionality of the application(s) or any changes in regulations.
As such Tecumseh Product Company LLC strongly recommends that users keep themselves regularly informed of developments in the applications and solutions offered by Tecumseh Product Company LLC, in particular by agreeing to be contacted directly by Tecumseh.
Obligations and responsibility of the user
By using the Site, such application(s), including all software, services and resources available through it, the user agrees to :
a) Not to use the Site in any manner that could damage, disable, overburden or impair any Tecumseh server, or the network(s) connected to any Tecumseh server (including linked sites), or interfere with any other visitor's use and enjoyment of the Site.
b) Do not upload, email or otherwise transmit through the Site any potentially destructive, disruptive or otherwise harmful programs, files or code, including viruses, Trojan horses, worms, cancelbots, time bombs or any other form or designation of files or programs that may damage, alter or interfere with the operation of any computer or network which is owned by Tecumseh Product Company LLC or a third party.
c) Not to attempt to disrupt or interfere with the security, integrity or availability of the Site and/or its contents and delivery, or otherwise cause damage to the Site, any resources provided to visitors to the Site, user or administrator accounts, passwords, servers or networks connected to or accessible through the Site. The same applies to any linked site.
d) Not to attempt to gain unauthorized access to any services, materials, visitor information, visitor accounts, computer systems or networks connected to any Tecumseh Product Company LLC server or to the Site, through hacking, password mining or any other means. The User will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
e) Not to use false identity information when registering subscriptions, downloads or product licenses.
f) Not to collect remotely or in any other way information about others, including e-mail addresses, and not to use e-mail addresses published on this Site for the purpose of sending any type of unsolicited electronic communication whose origin has been disguised or falsified.
g) Not to use or attempt to use another User's account, username, or password without permission, and not to solicit another User's login credentials.
Liability - Warranty
Tecumseh Product Company LLC makes every effort to provide quality service to the User. The User acknowledges, however, that Tecumseh is bound only by an obligation of means.
The sources of the information disseminated on the Site and/or the application(s) are deemed reliable and comply with the legal and regulatory provisions in force on the day of their publication. Tecumseh Product Company LLC does not warrant that the Site and/or the application(s) are free of defects, whilst errors or omissions excepted
Tecumseh Product Company LLC reserves the right, at any time and in its sole discretion, with or without notice, to modify, suspend, delete or discontinue the Application, or any part thereof, or to disable your access to the Application. Tecumseh may also terminate your right to use the Application, at any time in its sole discretion, immediately upon notice. In no event shall Tecumseh incur any liability for any of the foregoing actions. Any use of the applications after termination is without license and is therefore in violation of Tecumseh's copyright and other rights.
The license of use terminates in the event of termination of the Application by the User or by Tecumseh, in the latter case, without notice or indemnité́.
Tecumseh Product Company LLC cannot be held responsible:
- in case of unavailability of the site and/or application(s), lack of updates, occurrence of bugs, errors in display or downloads or defect of speed of the site, application(s).
- external intrusions, the presence of computer viruses in the User's system, the possible consequences of an alteration, total or partial, of the operation of the site, of the application(s), due to misuse or hacking of the site or application(s), and the loss or absence of backup of the results.
- in the event of interruption or disruption of telecommunications services or any other technical intermediary necessary to access or use the site, application(s).
- for any direct or indirect damage, including operating losses, that may occur as a result of access to and use of the site, application(s) and/or its content.
- any event resulting from a case of force majeure that would delay or prevent the performance of its obligations.
Rights of Tecumseh or third parties. The site, the application(s) and all content (graphics, illustrations, animations, videos, texts, data, architecture, know-how, source codes in particular) are protected by the rights of the property intellectual property and are the exclusive property (or under license to) Tecumseh Product Company LLC or any designated third party. Consequently, the User may not, in any way, reproduce, represent, disseminate, grant all or part of the elements of the site, application(s), without the express prior consent of the holders of the rights or without complying with the licensing conditions of these rights. The violation of the aforementioned rights is likely to constitute a counterfeit sanctioned by the provisions of the Code of the intellectual property and/or a tortious fault likely to engage the civil responsibility of the offenders.
License of use. We grant the User a personal right to use the site, application(s), non-exclusive, revocable, non-transferable, worldwide and free of charge only for his own needs in the context of the use of the site, application(s) to the exclusion of any other purpose. The User is not granted any other right of intellectual property on the site and/or application(s), the name, or its contents.
Language / applicable law / competent courts
The TOS are written in French language, in the case of a translation and in case of dispute, the TOS written in French language are valid.
If you are a consumer and you reside in the European Economic Area or Switzerland, any dispute arising out of or in connection with these terms and conditions shall be governed by the laws and courts of your country. Disputes may be transmitted via the European Commission's online dispute resolution platform for resolution online. However, Tecumseh Product Company LLC does not undertake to settle disputes before an alternative dispute resolution entity and is not obligated to do so.
If you are a business user in the European Economic Area or Switzerland, these terms and conditions shall be governed by French law, and you and Tecumseh submit to the exclusive jurisdiction of the French courts for any dispute arising out of or relating to these terms and conditions. Tecumseh may, however, seek injunctive relief (or other equivalent emergency legal relief) from any court.
The User's personal data may be collected as part of the creation of his profile and the recording of Results. The data may be used by Tecumseh Product Company LLC's marketing, sales and communication department for the purposes of making contact, sending commercial or promotional proposals emanating solely from Tecumseh Product Company LLC, sending satisfaction surveys, producing statistics, information on updates to the site or application(s), subject to express consent.
We undertake to keep all personal data collected via the site, application(s) and not to transmit them to any third party.
This data will be kept throughout the use of the site and/or application(s), and failing this, up to 3 years after the last connection.
In accordance with regulations, the User has the right to access, correct and delete information concerning him/her, which he/she may use at any time by accessing his/her profile. The User may also oppose, if necessary, for legitimate reasons, the processing of his or her data by writing to firstname.lastname@example.org