Effective from October 2024
These Terms of Use ("Terms") apply when you use digital services ("Digital Solutions"), either as a guest or as a registered user ("User"), provided by a company in the DAB Group, or by a company directly or indirectly controlled by DAB Pumps SpA or DWT Holding SpA ("DAB" or "we" or the "Company").
Digital Solutions consist of DAB website, applications and other digital services and User accounts for those solutions.
Not all Digital Solutions are available in all countries, and some may be intended exclusively for professional users. Some Digital Solutions are free, others are for payment, and some are free with additional services for payment. The Company reserves the right to change the status of a digital solution at any time, but will not charge for services without notice. Some Digital Solutions require purchasing specific hardware or devices to function.
ACCEPTANCE OF TERMS
The Digital Solutions provided by DAB, including any updates, improvements, new features, etc. are subject to the following Terms. DAB reserves the right to update the Terms at any time without notice. You are therefore required to regularly check the current text.
If you access Digital Solutions based on a separate contract with DAB (a "Contract"), the Contract terms shall prevail over any conflicting provisions of these Terms.
DISCLAIMER
DIGITAL SOLUTIONS MAY CONTAIN ERRORS OR OMISSIONS FOR WHICH WE ACCEPT NO LIABILITY. THE MATERIAL AND CONTENT OF DIGITAL SOLUTIONS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY.
NEITHER DAB NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES ARE LIABLE FOR ANY DAMAGE TO OR LOSS OF HARDWARE, SOFTWARE OR FILES, CAUSED BY THE USE OF DIGITAL SOLUTIONS OR ITEMS DOWNLOADED OR USED BY/IN DIGITAL SOLUTIONS. THEREFORE, DAB DOES NOT WARRANT THAT THE DIGITAL SOLUTIONS OR SERVICES PROVIDED IN THE DIGITAL SOLUTIONS, BY DAB OR ON BEHALF OF DAB (INCLUDING FREE SOFTWARE DOWNLOADS AND SUBSCRIPTIONS), WILL MEET YOUR NEEDS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DIGITAL SOLUTIONS OR SERVERS USED BY DAB ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL OR ACCURATE. DAB IS COMMITTED TO MAINTAINING THE DIGITAL SOLUTIONS AND THEIR OPERATION, BUT DAB IS NOT AND CANNOT BE HELD LIABLE FOR ANY DEFECTS THAT MAY EXIST IN THE DIGITAL SOLUTIONS OR IN THE OPERATION OF THE DIGITAL SOLUTIONS.IN NO EVENT SHALL DAB OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damage. As a result, some of the above limitations or exclusions may not apply. However, the liability of DAB and its affiliates will be limited or excluded to the extent permitted by applicable law, and in no event shall DAB's liability to you exceed any amount you may have paid for the use of Digital Solutions.
Digital Solutions may contain references to other websites and/or applications ("Links"). DAB disclaims any liability for the content and materials accessible on such websites or otherwise obtainable through them. Use of such Links is at the User's own risk.
REGISTRATION AND CANCELLATION
You must register to be able to use the Digital Solutions.
During registration and to purchase any of the offered services, you must correctly and completely provide the following data: first name, last name, valid and active e-mail address, phone number, and payment information where necessary. When registering or purchasing services, you declare that you accept the Terms.When registering, you must also provide a secure password. You are responsible for keeping your login credentials secure and confidential. If these details are lost or stolen, or if you suspect unauthorised access to your account by a third party, you should promptly notify DAB and change your login credentials as soon as possible. DAB will not be liable for any losses you may suffer as a result of the use of your password or account by a third party, either with or without your knowledge. Registered Users may request that their account be deleted directly in the Digital Solution. In case of violation of the Terms, the Company reserves the right to suspend or terminate the User account at any time and without notice.
ACCESS TO THE DIGITAL SOLUTION
Digital Solutions are generally made available free of charge; some Services related to or delivered through the Digital Solution may be for payment. The Company reserves the right at any time to suspend or stop access to the Digital Solution without notice, due to maintenance, emergency, or for other reasonable reasons.
UNLAWFUL OR PROHIBITED USE
The Digital Solution may NOT be used:
- for illegal, unlawful or fraudulent purposes;
- to transmit content that is inaccurate, illegal, and particularly one that invades privacy, is offensive, indecent, threatening, incites hatred or violence, or for which you do not own the intellectual property rights and for which the holders of the rights have not given their permission;
- to use, monitor, extract or copy the structure, content or data of the Platform or actions of any User on the Platform by using robots, spiders, scrapers, spyware, keystroke recorders or other automatic programmes or devices or manual processes for any purpose;
- to circumvent measures that prevent or restrict access to the Platform;
- to take any action that imposes or may impose an excessive or unreasonable load on the Digital Solution infrastructure;
- to establish an invisible link to the Digital Solution for any reason;
- to attempt to modify, translate, adapt, revise, decompile, dismantle, or reverse engineer any software used by the Digital Solution
The Digital Solution may be used only by users of legal age or with legal capacity to undergo legal obligations (purchases or actions performed on the Digital Solution for themselves or others on whose behalf they have a legal right to act, will be lawful).
USER-PROVIDED CONTENT
Users are responsible for their own and third-party content they share on the Digital Solution by uploading or posting or by any other means. Users hold DAB harmless from any liability in connection with the unlawful dissemination of third-party content or use of the Digital Solution contrary to the law. DAB does not carry out any kind of moderation of content posted by Users or third parties, but undertakes to intervene in case of reports from Users or orders issued by public authorities in relation to content that is deemed offensive or illicit.
INTELLECTUAL PROPERTY AND DATA MANAGEMENT
All figurative or word Digital Solution trademarks, and all other signs, company names, service marks, word marks, trade names, illustrations, images, and logos that appear to concern the Company are and remain the exclusive property of the Company or its licensors and are protected by applicable trademark laws and relevant international treaties.
Digital Solutions may contain material that is protected by the intellectual property rights of third parties. In such cases, permitted uses must be verified with the owners or licensees of the relevant rights as identified from time to time on the Website.
DAB grants the User a limited, non-exclusive, non-transferable and revocable licence to use the Digital Solutions as specified for each digital solution. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any of the Digital Solutions.
DAB will not acquire ownership of the data provided by the User through the Digital Solution, but the User agrees that DAB may use certain (non-personal) data e.g. equipment data related to pumps, boilers, heating systems, and other types of equipment directly or indirectly integrated with the Digital Solutions etc. for any lawful purpose that is not harmful to the User, without the need to obtain any formal authorisation and/or pay compensation to the User.
PRIVACY POLICY
The Company declares that User’s personal data communicated in the Digital Solution will be processed in full compliance with the obligations and principles provided in national and European legislation on the protection of personal data.
For information on how DAB processes personal data, see DAB Privacy Policy. If you share or collect personal data of a third party, e.g. an employee, co-worker or customer, you must be authorised to do so and further will be solely responsible for forwarding the DAB Privacy Policy to that third party where relevant.
INTERRUPTION OF DIGITAL SOLUTIONS
To ensure you the best possible experience when using the Digital Solution, the Company reserves the right to interrupt the Digital Solution for system maintenance or update needs, keeping the Users informed by constant updates. DAB also reserves the right to terminate access to and use of the Digital Solutions by the User or any other authorised party at any time, without reason or notice.
EXPORT CONTROL
You acknowledge that Digital Solutions may be subject to export control and trade sanctions regulation, including regulations of the European Union, the United Nations, and the United States of America, and therefore export, re-export, transfer or transmission of Digital Solutions ("export/re-export") may be restricted. You therefore agree to comply with all applicable export control and trade sanctions regulations in the use and disposal of Digital Solutions, including obtaining relevant export/import permits and not granting persons and entities subject to sanctions access to the Digital Solutions. Digital Solutions may not be used for - or in connection with - nuclear or military/weapons purposes.
INDEMNITY
By accessing Digital Solutions, you agree to indemnify, hold harmless and defend the Company, its subsidiaries and affiliates, its employees, directors and shareholders from and against any and all claims by third parties, damage, losses, costs, expenses (including any relevant reasonably incurred legal and court costs) arising out of or in connection with your use of the Digital Solution. You shall indemnify, defend and hold harmless DAB (including its affiliates) from and against any and all liability, claims, losses and expenses, including reasonable attorneys' fees and expenses, in connection with a breach of these Terms or use or misuse of the Digital Solutions.
LEGAL DISPUTES
The Terms and any disputes arising out of the use of the Digital Solutions or the interpretation and application of these Terms shall be governed by the laws of Italy. The Court of Padua shall have exclusive jurisdiction for any disputes arising out of or in connection with these Terms. DAB, at its own discretion, has the option to waive the application of Italian law and/or the jurisdiction of the Court of Padua, to take legal action against the User, at its domicile and at the Court that has jurisdiction there. In the event that any provision of the Terms is deemed invalid and/or ineffective for any reason, the remaining provisions retain their validity and effectiveness to the maximum extent permitted by law. DAB may at any time assign these Terms as well as the Digital Solution, at its sole discretion, to any legal entity within the DAB Group.
SPECIAL CONDITIONS
DCONNECT OR H2D
These special conditions concern the specific use of the "DConnect" or "H2D" platform (hereinafter "Application"). The User is aware that all the text, images, photographs, graphics, drawings, audio and video content, animations, trademarks, logos and other distinctive signs on the Application and the website, as well as all the contents of the Subscription that the User may have made are protected by copyright and other intellectual and industrial property rights belonging to the Supplier. Therefore, the User agrees to comply with these rights. The only right the User acquires when purchasing the Service is the right to enjoy the contents of the Subscription in the manner and within the specific limits thereof. In general, any reproduction, disclosure to third parties, dissemination, modification and processing of content is expressly prohibited.
SIM
This section covers the use of a SIM card with a data connection provided by DAB. The User will need to frame the QR-code in the package with the "DConnect" or "H2D" Application to pair the SIM. The data connection must be used solely and exclusively to use the Digital Solutions the User has purchased and must not be used improperly or harmfully. Any misuse will be considered a violation of the terms with possible legal sanctions or suspension of the service. Examples of prohibited use include attempts at unauthorised access, destruction or unauthorised use of information, sending spam, network attacks, spreading viruses, and any use that compromises the quality of Digital Solutions or interferes with other users.It is not necessary to remove the SIM card from the equipment provided by DAB, but it is possible to replace the PCB card with a replacement from DAB. The replaced PCB card should be destroyed or returned to DAB. DAB must be informed without delay if unauthorised use of the data connection is suspected. The User acknowledges and agrees that DAB has the right to check whether the SIM card is active and provide software updates if required by law. Specifically, if the SIM is unused for 12 consecutive months and/or if the SIM data option is not renewed with DAB and/or the Digital Solution is not renewed, the User acknowledges DAB's right to terminate the connected Digital Solution and disable the SIM.
D2B
Additional terms and conditions may apply to the purchase of products and/or services offered through this Digital Solution. For this reason, the User is urged to read the DAB Terms and Conditions of Sale carefully. In addition, DAB may make changes to any products or services offered on this Digital Solution, including applicable prices, at any time and without notice.
DNA SELECTION TOOL
DNA (Dab Navigator Application) allows you to search for pumps by hydraulic performance, model or item number. You can obtain data sheets, spare parts, User manuals and other technical documentation. With free registration you can save projects, see prices (only after an authorisation) and add custom items to quotes. By using the "DNA Selection Tool," you understand and agree that the digital solution does not diminish or eliminate your obligation to make correct and suitable professional evaluations and conclusions or, if you are a non-professional user, it does not eliminate your obligation to obtain a professional evaluation on the possibility of replacing an existing product with the product suggested by the digital solution. DAB has no knowledge of the specific systems, e.g. boilers, and consequently, whether the suggested replacement in the specific system is suitable for the purpose. The suggested product is merely a suggestion by DAB based only on the product. You are is responsible for evaluating the new product and ensuring that the (replacement) product will work with the existing system, e.g. a boiler.
You may be considered the manufacturer of the system if the system is considered new as a result of product replacement and, consequently, may be subject to issuing a declaration of conformity or similar under applicable laws.
The product can only be replaced/installed by a professional installer. You hereby release DAB from any liability arising directly or indirectly from the use of the "DNA Selection Tool".