Michelin Polska S.A.
With the seat in Olsztyn, Leonharda 9 Street, 10-454 Olsztyn, Poland
Listed in the commercial register in the Regional Court in Olsztyn
VIII Commercial Division of the National Court Register number: 0000163137
Share capital: 979.920.576,00 PLN fully paid-up
Tax ID: 739-020-38-25, Regon: 510008834
Tel. +48 89 539 40 00, fax +48 89 533 65 97
Micro Microsoft Ireland Operations Ltd.
One Microsoft Place, South County Business Park, Leopardstown
Dublin 18, D18 P521
+353 1 7063476
LINKBYNET, Parc du Colombier
14 rue Jules Saulnier
Tel.: +33 (0)1 48 13 00 00
Fax: +33 (0)1 48 13 31 21
Please read this legal notice carefully before entering the Michelin Website dedicated to tyres for passenger cars and delivery trucks. This website is dedicated for users of passenger car tyres and delivery truck tyres in Poland. To enter the website of the relevant country you should use „Michelin Website”. The companies forming part of the Michelin Group act as separate legal entities with their own legal status. However, in order to facilitate the communication of information on this website, the following terms may be applied: „Michelin”, „The Group”, „The Michelin Group” and „us”. All these terms refer to the entity of the companies forming part of the Michelin Group and exercising an independent business.
ARTICLE 1 : PURPOSE
This document aims to define the ways and the conditions of sharing this website by Michelin and to define the ways and conditions of access and use by visitors. Accessing and using of the Website should be carried out in accordance with the provisions of this legal notice. Michelin reserves the right to modify or update the notice at any time. By accessing the website, the user agrees to the conditions specified in this legal notice and accepts the privacy and personal data protection policy conducted by Michelin. If you do not accept these conditions, please exit the Website.
ARTICLE 2: ACCESS AND USE OF THE WEBSITE AND ITS CONTENT
2.1 Website: Access and use
Michelin shall endeavour to ensure permanent access to the Website, however, shall not be liable for this. In case of maintenance work, updating or any other reason, especially of technical, legal or safety nature, the access to the Website might be temporarily suspended or incomplete. Michelin is on no account liable for these kind of disruptions or any ensuing consequences for the user. The visitor agrees to use the Website with good faith and in compliance with the law.
2.2 Content: Access and use
The website is accessible to all users and it contains a number of sections presenting, among others, Michelin’s experience in the field of mobility, innovation in passenger and delivery tyres, a catalogue of Michelin’s passenger and delivery tyres and a tool for choosing suitable tyres or finding the trader.
Michelin reserves the right to modify, amend, suspend and/or delete the content posted on the website and/or the whole website at any time without notice.
Michelin licenses the users to download, print and share the content of the website under the following conditions: (I) when download function is available, (II) for non-commercial purposes (III) in good faith (IV) and without interfering with the proprietary notices and the publication date of any piece of content. Under no cicumstances should this right be interpreted as licensing to use trademarks or logotypes.
All third-party content, in accordance with the definition in art. 3.2, is subject to relevant conditions of third parties.
2.3 Restrictions on Use
Unless Michelin has explicitly allowed it, any copying, presenting and using the content, in any other way than mentioned above is prohibited. In particular:
Users are reminded that the following actions are prohibited:
Michelin may bring legal proceedings against the users who do not comply with the above provisions.
ARTICLE 3 : INTELLECTUAL PROPERTY RIGHTS
3.1 General provisions
The content of the website (which includes, among others, texts, files, charts, data, software, database, programming interfaces (API), images, photos, visuals, videos, sound tracks, trademarks and logotypes, as well as forms of all these components and the Website itself) is protected by copyright and/or intellectual property rights. The content is an exclusive property of its publisher. Any copying, reproducing, presenting, adapting, changing, modifying, translating or distributing of the whole or a part of the content belonging to Michelin or to a third-party is illegal, except the limited rights granted under Article 4 below and/or a single copy used exlusively for private purposes of the user. The content of this Website may be subject to modification a tany time without notice and is published without any warranty, whether expressed or implied, and can not be the subject of compensation claims. The content is protected by Michelin’s copyright or the copyright of its partners. All the logotypes are registered trademarks.
Any data on the traders of passenger and delivery tyres and/or types of tyres made available to the users of the website for information purposes, form database whose licensee or author and owner is Michelin. The content of the database is protected by applicable copyright, including provisions of the Act on Copyright and related rights of 04 February 1994 (i.e. OJ of 2018. Pos.1191).
3.2 Additional rules related to Third- Party Content
Some “Third-Party Content” (including, among others: all information, texts, files, images, graphics, visual materials, software, database, programming interfaces (API), data, soundtracks, videos, photos, web links, third- party websites, data streams from social networking services, RSS feeds from blog posts and data libraries, dictionaries and other content and materials in any form, obtained or derived from third-parties sources outside Michelin) may be available to the users via the website, on the website or while using it.
Any intellectual property rights and licenses to use third-party content are defined by the relevant third- party terms and conditions.
ARTICLE 4: ELECTRONIC COMMUNICATION
In order to contact Michelin via e-mail, you must fill in the e-mail contact form available on the Website. Michelin’s responses to the e-mails, as well as access to the Website and its content should not be perceived as advertising, promotional or trading activity within the user’s country or constitute evidence of carrying out these kind of activities.
ARTICLE 5: PERSONAL DATA PROTECTION
ARTICLE 6: THE EXTENT OF GUARANTEE AND LIABILITY
6.1 General restrictions
Unless it is prohibited by the applicable local law, the website and the content published and/or available on or through it, is provided "as is", without any guarantee, expressed or implied, and Michelin is not expressly liable for any contents of the website or the website itself. The Michelin Group can not be held liable for any infection on the users’ computer equipment as a result of viruses spread or any other infection of their computers. The users should take all the appropriate measures to protect their computer equipment.
Under no cicumstances may the Michelin Group, its management, employees, agents, suppliers or partners mentioned on the website be held liable in tort or contractually for any damages, direct or indirect, incidental or consequential or any other damages, in particular of financial or commercial nature, resulting from the access and/or using of the website or any information obtained on or through the website, including, among others, the third-party content (as defined in art. 3.2).
6.2 Additional restrictions regarding the third-party content and the Website
The website may contain regular or deep hypertextlinks to third-party. When including deep links it is necessary to obtain authorisation from the relevant third-parties. Michelin is not liable for third-party website content and is not obliged to control, monitor or correct them. In addition, Michelin assumes no liability for their availability, validity, content, advertising, products and/or services provided on this websites. Therefore Michelin assumes no liability for any direct or indirect damage that may result from using the websites or for any incompatibility of their content and services with the existing legislation. Michelin may update, change or modify the website due to changes or unavailability of the third-party content or websites. Michelin may also discontinue sharing the third-party content or their websites without any liability to their users.
ARTICLE 7: APPLICABLE LAW AND JURISDICTION
Any disputes arising from the use of the website or this legal notice shall be resolved by competent common courts with the seat in Olsztyn (Poland). The disputes will be regulated and interpreted in accordance with the Polish law, notwithstanding the provisions referring to the contradictory legislation. Using the Website implies the user’s explicit consent to the application of the abovementioned clause concerning jurisdiction. In the event that any of the provisions of this legal notice is, for any reason, declared illegal, invalid or null, it will be excluded from the conditions of use of the website and will not affect the validity or application of the other provisions.
Legal notice current on: 16 October 2018