Legal Notice
TERMS OF USE OF MAXAM ELEY HAWK LTD WEBSITE
FIRST: ACCEPTANCE AND TERMS OF USE
The use of this website www.eleyhawkltd.com (this “Website“) of MaxamCorp Holding, S.L. and ELEY HAWK LTD and its affiliates (collectively, “MAXAM“) is governed by these terms of use (“Terms of Use”) and, therefore, any person accessing and/or using this Website (the “User”) must comply with these Terms of Use. The User’s access or use of any part of this Website presumes that the User read and accepted these Terms of Use and constitutes the User’s agreement to abide by these Terms of Use in full. IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL LEAVE THIS WEBSITE IMMEDIATELY. These Terms of Use only confer the User the right to use this Website and do not confer the User any other right, license or authorisation in relation to this Website or any MAXAM goods or services.
MAXAM and ELEY HAWK LTD reserves the right, in its sole discretion and without prior notice, to modify, alter or otherwise update these Terms of Use at any time, and the User’s continued use of this Website constitutes the User’s agreement to be bound by such modifications, alterations or updates.
SECOND: PURPOSE
The purpose of this Website is to allow the User’s access to information and articles (written and graphic documentation, files, photographs, pictures, recordings, software, drawings, designs, graphics, sound files, image files, video, messages, materials, etc) in connection with MAXAM and ELEY HAWK and its goods and services (collectively, "Site Materials").
The Site Materials are provided for general informational purposes only, and are not intended to constitute, and should not be construed as, offer to sell or distribute any goods manufactured and services rendered by MAXAM AND ELEY HAWK LTD (collectively, "Products"). Therefore, the User should not consider the Site Materials to be an invitation to enter into any agreement, should not rely on the Site Materials as true and accurate description of any Product for any purpose, and should always contact MAXAM & ELEY HAWK LTD directly to purchase or otherwise acquire any Product. MAXAM AND ELEY HAWK expressly disclaims any and all responsibility and liability with respect to actions or omissions based on any Site Materials.
No electronic trading is permitted through this Website.
THIRD: USE OF WEBSITE
Recognizing the global nature of the Internet, the User agrees to comply with all applicable local rules regarding online conduct and acceptable content. The User shall access and use this Website in good faith, according to general customs and public order, and in a diligent, correct and lawful manner that eliminates any damage, impediment or harm to this Website or any third party. The User agrees to comply with all applicable laws regarding the transmission of technical data exported from the home country of the User. MAXAM AND ELEY HAWK LTD may deny the User’s access to this Website or any Site Materials, at any time and without prior notice, in the event that the User does not comply with these Terms of Use or fails to provide subscription information to access certain Site Materials.
MAXAM AND ELEY HAWK LTD urges all parents and persons supervising children to instruct their children on how to use the Internet in a safe and responsible way. Children should not access this Website or any other MAXAM's website without permission from their parents or the person supervising them. MAXAM AND ELEY HAWK LTD does not target its websites to children less than 18 years of age or knowingly collect information from children for the purpose of selling Products.
MAXAM AND ELEY HAWK LTD reserves the right to suspend, interrupt, modify, discontinue or terminate this Website, temporarily or permanently, at any time without notice.
In relation to any Product, MAXAM AND ELEY HAWK LTD hereby informs and the User acknowledges that: (1) the Site Materials on such Products are not exhaustive and subject to periodic review and variations depending on the conditions of use and maintenance (including external factors such as humidity, temperature and pressure, among others); (2) the manufacture, import, export, storage, transport, distribution, marketing, consumption and use of any Product may be subject to laws, authorisations, permits and licenses of a relevant jurisdiction; (3) the use or operation of any Product may be a potentially dangerous activity and, consequently, must be restricted to qualified and trained personnel or persons in possession of necessary permits and licenses for use of the products and must comply at all times with appropriate safety and risk prevention measures and with applicable laws.
Any email to this Website and any reply thereto do not, in and of itself, create a legal relationship, and a sender must have no expectation whatsoever of confidentiality with regard to any information contained in his or her email(s). The User shall not send any information to this Website that the User wishes to keep confidential.
The User is not permitted to create a link to any part of this Website other than the home page. Any linking permission does not create legal relations between MAXAM & ELEY HAWK LTD and a holder of a webpage or portal which created a link and does not constitute MAXAM’s AND ELEY HAWK LTD acknowledgement and acceptance of services and contents offered in such holder’s webpage or portal. MAXAM AND ELEY HAWK LTD reserves the right to withdraw a linking permission without notice. Any link shall not frame or reproduce, totally or partially, any part of this Website or create similar visualization images or environments. Any information on the link to this Website must be true, accurate and correct and may not include any declaration that MAXAM AND ELEY HAWK LTD authorised, supervised, assumed, accepted or approved such link or any goods, information or services accessible through such link.
MAXAM AND ELEY HAWK LTD may provide hyperlinks to a third-party webpage as a convenience to the User. MAXAM AND ELEY HAWK LTD does not control a third-party webpage and is not responsible for and makes no representations concerning the content, quality, accuracy, fitness or privacy policy of any hyperlinked third-party webpage or any hyperlink in a hyperlinked site. MAXAM AND ELEY HAWK LTD does not endorse, recommend or approve any third-party webpage or contents, services, information and declarations of any third-party webpage hyperlinked from this Website. MAXAM AND ELEY HAWK LTD shall have no liability to any person for content or use of a third-party webpage available through such hyperlink.
FOURTH: TREATMENT OF PERSONAL DATA
To use effectively this Website, MAXAM AND ELEY HAWK LTD may request and the User may provide his or her personal information (the “Personal Data“) through subscription to certain Site Materials, exchange of emails, supply of a Curriculum Vitae, the User’s Internet service providers when visiting this Website (such as IP addresses), or otherwise customarily pertinent to operation of a webpage of this nature. The Personal Data will be treated in accordance with the legislation in force. MAXAM AND ELEY HAWK LTD will not request the Personal Data revealing the User’s ideology, union membership, religion, race, health or sexual tendencies. The Personal Data will be stored in database owned by or under control of MAXAM AND ELEY HAWK LTD , and any inquiries with respect to such database (amendment, removal, correction, update of the Personal Data) shall be emailed to maxamhelpdesk@maxam.net or sent to the following address: MaxamCorp Holding, S.L., Avenida de Partenón 16, Fifth Floor, Campo de las Naciones, 28042 Madrid, Spain.OR DIRECTLY TO ELEY HAWK LTD Selco way, First avenue, Minworth Industrial Estate
The User expressly agrees that, by providing the Personal Data to MAXAM and ELEY HAWK LTD, he or she unequivocally consented for MAXAM AND ELEY HAWK LTD to include the Personal Data in the relevant database and manage and use the Personal Data to diagnose any problems with its server and use for its own internal purposes (such as tracking a Website usage), to help the User with technical problems, to provide the User with direct marketing and other information that MAXAM AND ELEY HAWK LTD believes may be of interest to the User, to review and respond to User’s emails, to improve and adapt the Site Materials offered in or through this Website, to enforce compliance with these Terms of Use. MAXAM AND ELEY HAWK LTD may transfer the Personal Data overseas to any of its affiliates for the above purposes. By providing the Personal Data, the User agrees to transfer the Personal Data to, and store or process it at a destination outside the User’s home country. MAXAM AND ELEY HAWK LTD will take all steps reasonably necessary to ensure that such Personal Data is treated securely and in accordance with these Terms of Use.
MAXAM AND ELEY HAWK LTD will not transfer or disclose any Personal Data to any third party unless such access is necessary to enforce or apply these Terms of Use or a contract between MAXAM AND ELEY HAWK LTD and a data processing contractor rendering services to MAXAM AND ELEY HAWK LTD , which contract incorporates the requirements for protection of the Personal Data. If any third party may have access to the MAXAM’s AND ELEY HAWK LTD database including the Personal Data, MAXAM AND ELEY HAWK LTD will use its best efforts to disassociate the Personal Data from the User. MAXAM may disclose the Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) conform to the applicable law or comply with legal process served on MAXAM AND ELEY HAWK LTD or this Website; (ii) protect and defend the rights, property or safety of MAXAM AND ELEY HAWK LTD , its customers, or others; or (iii) act in urgent circumstances to protect the personal safety of the MAXAM AND ELEY HAWK LTD employees or agents, the users of Products, or members of the public.
MAXAM AND ELEY HAWK LTD has commercially reasonable procedures and security features consistent with industry practice to prevent unauthorized access to the Personal Data. However, the User must be aware that transmission of information via the Internet is not completely secure. Although MAXAM AND ELEY HAWK LTD will do its best to protect the Personal Data, MAXAM AND ELEY HAWK LTD cannot guarantee the security of the Personal Data transmitted to this Website; any transmission is at User’s own risk.
MAXAM AND ELEY HAWK LTD has websites and computer facilities in many countries. The User acknowledges that when the Personal Data is submitted to this Website: (i) it may go to a country that has different privacy laws than the home country of the User and (ii) it will be treated in accordance with the laws of the country where the website or computer facilities are located.
FIFTH: WARRANTIES AND LIABILITIES
The User expressly agrees that all Site Materials or Products included in or available on this Website are provided strictly "AS IS" and "AS AVAILABLE" for the User’s access or use without representation or warranty of any kind on behalf of MAXAM or without any liability of MAXAM resulting from the User’s access or use of this Website.
MAXAM AND ELEY HAWK LTD HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY SITE MATERIALS OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT ANY SITE MATERIALS OR PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT ANY SITE MATERIALS OR PRODUCTS ARE FREE OF VIRUSES, NON-OBVIUOS DANGERS OR OTHER HARMFUL COMPONENTS, OR THAT THE USER WILL ACHIEVE SUCCESSFUL RESULTS UPON FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THIS WEBSITE. THE PROVISIONS CONTAINED IN THIS SECTION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Under no circumstances shall MAXAM AND ELEY HAWK LTD be liable under any theory of recovery, at law or in equity, for loss, misuse, injury or any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use, lost data, business interruption or lost profits), arising out of or in any manner connected with (i) the use of, or the failure to provide, any Site Materials or Products from this Website; (ii) interference of any third party to a proper operation of this Website, (iii) improper or illegal use of this Website by the User; (iv) failure of security precautions to protect the Personal Data against any loss, misuse or alteration, and (v) linking to this Website or use of such link.
The access and use of this Website or the Site Materials is at the User’s sole and exclusive responsibility. Such responsibility shall include the User’s use of any password or similar encryption to access this Website or any Site Materials. If MAXAM AND ELEY HAWK LTD incurs any damage or loss as consequence of the User’s incompliance with these Terms of Use or with any applicable law, the User shall be liable for such damages or losses.
SIXTH: EXPORT CONTROL
All Site Materials or Products are subject to the applicable export and import laws and regulations. Diversion of such Site Materials or Products contrary to the applicable law is prohibited. No Site Materials or Products acquired through the use of this Website may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may they be used for dangerous or hazardous activities, devices or projects, unless specifically authorized by the applicable government for such purposes. The User shall comply strictly with all applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
SEVENTH: INTELLECTUAL PROPERTY RIGHTS
The entire content of this Website including the Site Materials are copyright © 1992 - 2011 MAXAM AND ELEY HAWK LTD. All rights reserved. The User may not reproduce, store, post, amend, alter or otherwise modify the Site Materials without the written permission of MAXAM AND ELEY HAWK LTD. The User shall withhold distributing the Site Materials to general public, unless such distribution is expressly authorised by MAXAM. Any person is authorized to use, copy, and distribute any complete page, or where a document consists of more than one page any complete document, contained on this Website, including related graphics, subject to the following conditions:
- Copying or distributing less than a complete page or (where a document consists of more than one page) the complete document is prohibited;
- The copyright notice of MAXAM AND ELEY HAWK LTD or appropriate owners and this permission notice must appear on all copies;
- Use, copying and distribution shall be solely for informational, non-commercial purposes; and
- No graphics elements of any page or document on this Website may be used, copied or distributed separate from the accompanying text.
The MAXAM AND ELEY HAWK LTD trademarks contained in this Website are registered and protected by law, and therefore reproduction or use of such trademarks without proper authorisation of the respective trademark owner is strictly prohibited.
If any industrial or intellectual property rights of the User or any third party have been violated in this Website, the affected party must contact MAXAM (MaxamCorp Holding, S.L., Avenida de Partenón 16, Fifth Floor, Campo de las Naciones, 28042 Madrid, Spain), in writing (reference to MAXAM Website), by registered mail and with receipt of delivery, setting out the alleged violation in a clear, precise and detailed manner. Such communication must include details of the affected party (full name, address, e-mail and telephone number), affected party’s or its representative’s authentic signature, any proof of the alleged violation, and express declaration of the affected party confirming the veracity of information provided through such communication.
EIGHTH: UPDATE OF WEBSITE
MAXAM AND ELEY HAWK LTD may, in its sole discretion and without prior notice, modify, alter or otherwise update any Site Materials or a structure and design of this Website at any time. Any Site Materials are current as of their date of publication and do not necessarily reflect the present state of matter, and MAXAM AND ELEY HAWK LTD is under no obligation to update such Site Materials. The Site Materials may include inaccuracies or errors.
NINTH: COOKIES
If the User registers on this Website and in certain other instances, MAXAM AND ELEY HAWK LTD may use "cookies" that are used to store and sometimes track the User’s preferences in order to provide the User with customized and personalized services. A cookie is data sent to the User’s Internet browser from a web server and stored on the User’s computer hard drive. Cookies make a web experience easier by storing passwords and preferences. Cookies are used by most Internet web sites.
The User can adjust his or her browser settings to refuse all cookies or to inform when a cookie is being placed on a hard drive. However, the User’s election not to accept cookies may diminish his or her experience with this Website because of additional time needed to repeatedly enter personal identifying information.
TENTH: APPLICABLE LAW AND JURISDICTION
Any claim with respect to these Terms of Use, the Site Materials or legal notice contained in this Website shall be governed by, and construed in accordance with, the laws in effect in Spain without giving effect to the conflict of law provisions of any jurisdiction.
Any dispute or claim arising out of or in connection with the use of this Website shall be referred to and resolved by the courts of the city of Madrid (Spain). The User irrevocably waives any objection it may have on any grounds whatsoever to the laying of venue of any legal action or proceeding and any claim it may have that any such legal action or proceeding has been brought in an inconvenient forum.
ELEVENTH: LEGAL NOTICES
To comply with applicable laws, the following general information is included on this Website with respect to:
MaxamCorp Holding, S.L. -
(i) Corporate address: Avenida de Partenón, 16, 5th Floor, 28042 Madrid, Spain.
(ii) E-mail: general@maxam.net
(iii) Registration information: Madrid Mercantile Register, Volume 22.307, Folio 130, Section 8, Sheet Nº M-398.279, Registration 1.
(iv) Tax Identification Number: B-84598754
Affiliates of MaxamCorp Holding, S.L. -
Please refer to an appropriate link below to a specific affiliate:
http://www.maxam.net/en/maxam/maxam_worldwide
ELEY HAWK LIMITED REGISTERED IN ENGLAND NO. 2004633
REGISTERED OFFICE SELCO WAY, FIRST AVENUE MINWORTH INDUSTRIAL ESTATE, SUTTON COLDFIELD, WEST MIDLANDS, B76 1BA VAT NUMBER GB 787 4272 84