CARRIER
CORPORATION
Terms Of Access
1 Introduction
You have registered with the Carrier Corporation (“Carrier”)
website (the “Website”). You wish to access the Website
and use the services provided by this Website.
By reading these terms of access and using this Website, you accept
and agree to these terms of access as they apply to your use of the
Website.
Please review these terms of access. All access to and use of this Website
is governed by these terms and by reading these terms of access and
using this Website, you accept and agree to be bound by these terms.
2 Use of this Website
We reserve the absolute right to update, alter, suspend or discontinue
any aspect of this Website including your access to it, without notice
at any time and for any reason.
You are responsible for ensuring that your computer system meets all
relevant technical specifications necessary to use this Website and
is compatible with the Website. You must not attempt to interfere in
any way with the proper working of this Website and in particular you
must not attempt to circumvent security, tamper with, hack into, or
otherwise disrupt any computer system, server, website, router, or any
other internet connected device.
Although care and efforts have been taken to ensure the accuracy of
the information provided in relation to this Website, due to the open
nature of this Website, and the potential for errors and omissions in
the storage and transmission of digital information, CARRIER does NOT
WARRANT or REPRESENT that functions contained on this Website will be
uninterrupted or error-free, or that defects will be corrected, that
this Website or the server are free of viruses or other harmful components
or that the information on this Website is correct, accurate or reliable.
Carrier will endeavour to make the Website available but cannot guarantee
that this Website will operate continuously or without interruptions
which could affect use of the Website.
This Website may be linked to other sites that are not maintained by
or under the control of Carrier. Carrier is not responsible in any way
for the content of those sites. Carrier provides such links only as
a convenience and the inclusion of any link to such sites does not imply
endorsement, sponsorship, or recommendation by Carrier of these sites.
As between you and Carrier, Carrier owns all title, copyright and all
and any other intellectual property rights in this Website and any modifications
or translations of them. You acknowledge that you do not own and shall
not acquire any title, copyright or any other intellectual property
rights in this Website. Except as expressly stated, any copying, distribution,
transmission or publication of downloaded information from this Website
is strictly prohibited without the express written consent of Carrier.
Access to this Website is limited to viewing the linked web pages to
access the information provided by Carrier at this Website solely for
legitimate business purposes. Any access or attempt to access other
areas of the Carrier computer system or other information contained
on the system for any purposes is strictly prohibited.
3 Confidentiality and Data Protection
The information that is available through this Website order system
is considered CONFIDENTIAL to Carrier and may be used by you for internal
business purposes only. Only users authorised by you, by being granted
access to password specific only to user, should be accessing the order
system. You are solely responsible for the control of your passwords
and your employees/users actions. Password changes may be requested
by you and a password should be changed/cancelled whenever a previously
authorised employee/user leaves the organisation or is reassigned to
a position that does not require access to the order system. Carrier
reserves the right to terminate access to the order system without notice.
This termination will not close the normal business account relationship
unless otherwise provided. You agree to indemnify and hold Carrier harmless
from any claims or losses arising out of unauthorised access to your
account and/or disclosure of confidential information by any person.
You agree to promptly report any suspected unauthorised access or use
accordingly. All information available through the order system is subject
to audit and correction of errors and omissions. You agree to promptly
report any errors. All prices listed in this Website are subject to
change without notice. All goods listed in this Website are offered
subject to availability.
We may use, store or otherwise process any personal data including,
but not limited to, your name and address and other details (“Personal
Data”) provided by you to Carrier.
Such Personal Data may be processed by Carrier for the purpose of providing
its services (“Purposes”) pursuant to these term. Should
the Purpose for which your Personal Data may be processed change, Carrier
will notify you. Such processing may continue after the end of the provision
of the services and the completion of your order.
For the Purposes, Carrier may transfer or disclose Personal Data to
other companies, to its professional advisers and to such other parties
as Carrier considers necessary in the administration of its services
or if required by law.
Pursuant to these terms you consent to the processing and disclosure
of the Personal Data.
4 Product Purchasing
The purchase of products from this Website by you is governed by Carrier
Corporation's Terms and Conditions of Sale. To obtain a copy of the
terms and conditions that apply to your particular purchase from Carrier,
please contact your local Carrier Sales Representative. Please review
these terms and conditions of sale which you must accept prior to purchasing
products from this Website.
5 Information Collection and Use
This Website may collect various types of information from site visitors.
Carrier will collect transactional information from customers who purchase
products from this Website, such as shipping information. The server
may also collect general data pertaining to each site visitor, such
as IP address, domain name, referring page, length of time spent on
the site and the pages accessed while visiting this Website. This information
is collected for, amongst other reasons, aggregate statistical information,
facilitate system administration, and improving the content of the Website.
Carrier may also retain the content of the communications that are sent
to its customer service representatives. This information helps Carrier
to improve and respond to visitors’ inquiries regarding the Website.
Carrier may use the information that is collected from the Website to,
amongst other things, enable it to provide a better serve to its customers.
Carrier may also use the information collected to notify Website visitors
of changes to the Website, to notify Website visitors of new products
made available via the Website, and for any other legitimate and lawful
business purpose of Carrier. Please see Carrier's Privacy Policy for
further information on Carrier’s treatment of collected information.
6 Security
Carrier places the utmost importance on protecting information transmitted
via the internet and specifically via this Website for the purpose of
ordering products and will take such precautions to protect all such
information from loss, misuse and alteration. However, Carrier does
not warrant that information transmitted through this Website for the
purpose of ordering is totally secure.
7 Submissions and Postings
All remarks, suggestions, ideas, graphics or other information communicated
to Carrier or other users through this Website are and will remain the
exclusive property of Carrier, without any requirement of compensation
to the originator of the information. Unless otherwise specified, Carrier
will not be required to treat the information as confidential or with
any level of security. Carrier does not assume any responsibility or
liability for content that is provided by others. Carrier reserves the
right to remove content that, in Carrier’s sole judgment, does
not meet its standards, but is not responsible for any failure or delay
in removing such material. Carrier is not responsible for the content
of posted messages, although it reserves the right to block or remove
any message containing illegal or harmful content that, in its sole
judgment, is or may be injurious to Carrier, distributors, dealers or
competitors of Carrier or other third parties, including but not limited
to content which is, in Carrier’s sole judgment, disparaging,
anti-competitive or inciteful. Carrier reserves the right to suspend
or terminate access for any reason. You will indemnify and hold Carrier
harmless for all claims, judgments, damages, actions, suits or costs
attributable to or resulting from content placed on this site by you
and your employees or other users authorised by you.
8 Downloads
Downloading any documents, images or files within this Website indicates
your acceptance of the following: you acknowledge and recognise that
these electronic documents have been issued at your request and that
the information contained within electronic documents is to the best
of Carrier’s knowledge, understanding and belief, accurate and
true. Hard copy documents take precedence over electronic documents.
Carrier does not warrant or guarantee information extracted from these
electronic documents. You acknowledge that Carrier does not warrant
these documents or the media on which they are contained to be free
from viruses and that you assume all responsibility for any effect these
documents or media may have on your hardware and software. You acknowledge
that should you use the electronic documents in any form, you do so
at your own risk and agree to indemnify, defend and hold harmless Carrier
and its owners, associates, agents and employees from and against any
and all damages; suits; actions; claims; costs, including attorney’s
fees; and expenses directly and/or indirectly related to and/or arising
out of your use of the electronic documents.
9 Exclusion of Liability
Carrier shall not be liable for the accuracy of information supplied
to it by you in any documentation or correspondence.
Carrier shall not be responsible for any loss, expense, cost, damage,
obligation or liability whatsoever arising wholly or in part from or
in respect of its services, any non-performance of its services.
If by accessing this Website you enter into contracts with companies
that have links with this Website, Carrier shall in no way be liable
for any loss, expense, cost, damage, obligation or liability suffered
or incurred by you in connection with such contract.
In any event, and notwithstanding anything contained in these terms,
in no circumstances shall Carrier be liable in contract, tort (including
negligence or breach of statutory duty) or otherwise howsoever, and
whatever the cause thereof,
(i) for any increased costs or expenses,
(ii) for any economic loss, loss of profit, business, contracts, revenue
or anticipated savings, or
(iii) for any special, indirect or consequential damage of any nature
whatsoever.
Carrier accepts no responsibility for any loss or damage whatsoever
suffered by you as a result of any act or omission beyond our reasonable
control (including without limitation any failure of transmission, communication,
computer or other facilities or your inability to access this Website
for any reason or for any failure or delay in the transmission or the
receipt of notifications or instructions sent through this Website.
10 Your Obligations
You are responsible for procuring the necessary equipment and the payment
of telephone charges necessary to access and use this Website.
You accept responsibility for any content you provide on this Website.
You agree not to use this Website or the service for any illegal purpose
and in accordance with all relevant laws.
You agree not to use this Website or the service to transmit or post
any chain letters or any material for the purposes of publicity, promotion
and/or advertising.
You agree not to negligently, recklessly or deliberately use this Website
or the service to distribute by any means computer viruses, worms or
other contaminating or destructive feature into this Website or to third
parties.
You agree not to use this Website or the service to transmit or post
any material which is defamatory offensive or of an obscene or menacing
character or in such a way as to cause annoyance, inconvenience or needless
anxiety.
You agree not to use this Website or the service in any manner which
constitutes a violation or infringement of the rights of any person,
firm or company (including, but not limited to, third party intellectual
property rights or confidentiality).
You agree not to use this Website to attempt any unauthorised access
to any part or component of this Website or that of any third party
which you can connect to via this Website (or other directly or otherwise
connected network).
You agree not to transmit or send any material which contains or discloses
personal data of any other party.
11 Invalidity of Terms
If any provision or term of these terms shall become or be declared
illegal, invalid or unenforceable for any reason whatsoever, such term
or provision shall be divisible from them and shall be deemed to be
deleted from them.
12 Amendment
Carrier reserves the right to modify or amend these terms of access
at any time. Any changes to these terms will be posted on the Website.
Such amendment will be effective on the date such change is posted on
the Website.
13 Governing Law
These terms are governed by and shall be construed in accordance with
the laws of England. Carrier and you submit to the exclusive jurisdiction
of the English courts in connection with any matter or dispute.
Legal Notice