Please read this Access Agreement before accessing the Hilti Web site. This agreement governs your access to and use of the Web site. Entering the site indicates your acceptance of this Agreement, and you agree to be bound by it. For the purposes of this Agreement "Hilti authorised distributor" means CONSTRUCTION SUPPORT LTD and "User" means the person who is using this Hilti website for business purposes.
By using this Hilti Web Site you
are indicating your agreement with the following sections:
A. Access and information
Your access is limited to viewing Hilti information solely for legitimate business purposes. Any access or attempt to access other Hilti computer systems or other information contained on Hilti systems without Hilti's consent for any reason is prohibited. You agree not to use any information contained on this Web site for other than legitimate business purposes.
B. Hilti authorized distributors' Responsibilities
1. All data and calculations
(incl. drawings) itemized on this Web Site are for the user's guidance only.
All such data and calculations are based upon the principles, formulas and
safety factors set out in the Hilti technical instructions, the operating
manuals, the setting manuals, and the installation manuals. Any values therein
are based on the respective average values obtained during the product testing
phases. Due to variations in materials, on-site testing must be performed to
determine performance at any specific site.
2. Any modification of this data or calculations (incl. drawings) by the user without Hilti's authorised distributors' consent or knowledge could result in an application not fulfilling legal health and safety legislation. The user agrees to indemnify and hold harmless Hilti from all claims relating to loss or damage suffered by any party due to applications based on changes made by the user to data or calculations on any Hilti Web site without the written consent of an authorised representative of Hilti.
3. The Web Site has been designed in such a way so as to give a specific type of result from the data that has been entered. It remains the responsibility of the user and/or engineer responsible for the project to check these results before use and to assure that these results are suitable for the customer's specific application.
4. All information and user programs provided on this Web Site are only aids without any guarantee as to their validity or for the accuracy of any calculation in a specific application.
5. Notwithstanding anything contrary, Hilti and their authorised distributors' liability to any user for personal injury or death caused by its negligence or fraud is not limited. However, and whether or not Hilti has been advised of the possibility of such loss, Hilti and their authorised distributor shall not be liable in contract, tort or otherwise howsoever arising for any claim, damage, loss or costs in respect of:
(i) any losses special to any
user of any Hilti Web site, any direct loss of profits, any direct loss of
turnover and/or any direct loss of revenue; and
(ii) any indirect or consequential loss or damage howsoever caused including without limitation any losses special to the user of the Hilti website, any loss of profits, loss of turnover, loss of revenue, loss of business and/or loss of data and for the avoidance of doubt, the sub-clauses in this section are intended and agreed by the user to be severable.
6. All materials posted on this Web site are "as is" and without warranties express or implied. Other than in relation to the warranties of the right to pass title and to grant quiet possession under Clauses 12(1) and 12 (2) of the Sale of Goods Act 1979, Hilti disclaims all warranties including the implied warranty of merchantability and fitness for a particular purpose. Hilti does not warrant that functions contained on this Web site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server are free of viruses or other harmful components. Hilti does not warrant or represent the use of the materials on this Web site in terms of their correctness, accuracy, reliability, or otherwise.
C. User's responsibilities
1. You acknowledge that your use of any Hilti Web site is for business purposes only and that you will not use any Hilti Web site as a consumer.
2. Hilti and their authorised distributor are not engaged in rendering engineering or other professional services. If engineering or other expert assistance is required, the services of a competent professional person should be sought.
3. Given section C2 above, you assume all responsibilities and obligations with respect to your selection of Hilti products to achieve intended results.
4. As all information on this Web site is for guidance only, you assume all responsibilities and obligations with respect to any advice which you may give to a third party without Hilti's written consent in advance in relation to any Hilti product.
5. You may only use this site for lawful purposes. You must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by any Intellectual Property Rights of a third party.
6. In the interests of all our users, Hilti's authorised distributor will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of our systems or network.
D. Intellectual Property Rights
1. All Hilti Web sites contain Intellectual Property Rights which belong wholly to Hilti Corp. For the purposes of this Agreement, Intellectual Property Rights means any patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, know-how, trade or business names and other similar rights or obligations whether registrable or not in any country (included but not limited to Kenya).
2. Copyright in the whole and every part of any Hilti Web site including the look and feel belongs to Hilti Corp. and all such copyright may not be used, sold, copied or reproduced in whole or part in any manner or in any media to any person without the prior written consent of Hilti Corp.
3. The user expressly acknowledges that all other Intellectual Property Rights on any Hilti Web site belong to Hilti Corp., and that any user of any Hilti Web site gains no right, title or interest in or to such Intellectual Property Rights. Hilti permits the use of the content of any Hilti Web site for legitimate business purposes but in no event shall any user otherwise copy, reproduce, distribute, transmit, upload, download, store, alter, modify or display any content of any Hilti Web site without Hilti's consent or in such manner as would be prejudicial to Hilti's business interests.
E. Security, User identification and password protection
1. Hilti user identification and passwords shall be maintained as personal and confidential. Transferring or sharing assigned user identification and password information is strictly prohibited. Any violation of this prohibition shall result in immediate termination of access to the Hilti Web site as well as liability to Hilti for any damage or loss suffered by any party due to such breach. It is your sole responsibility to protect your password from unauthorized use. Therefore, you may be responsible for any charges allocated to your user identification and password unless it is proven that such charges arose from any fault of Hilti or through no fault of your own.
2. Hilti's authorised distributor will use all reasonable means to protect any Hilti Web site from any breaches of security including illegal entry by hackers and/or users of any Hilti Web site who act in a manner which is prejudicial to Hilti's interests. However Hilti shall bear no liability to any user for:
(i) the acts and/or omissions of
any hacker or unauthorised user on the Hilti Web site;
(ii) any content on the Hilti Web site which has been placed by any hackers or users of the Hilti Web site and which may contain data or information which is obscene, defamatory, indecent or otherwise unlawful; and
(iii) any acts or omissions of any users and/or hackers which may infringe the Intellectual Property Rights of any third party.
3. The user may find that a Hilti Web site is linked to or from other web sites through hypertext links or other computer links. If the user decides to double click on any of the links contained on any Hilti Web site, it will leave this Web site. Hilti, as provider of this site, will bear no liability to any user nor endorse nor take any responsibility for the contents, graphics, data and/or any other information on the site to which the user will be transferring.
F. Standard transactions
You acknowledge and agree that when you purchase Hilti products or services through this Web site that the Hilti local authorised distributor will be managing the order for your country and their standard terms and conditions shall apply to all transactions.
3. It is your responsibility to ensure that the information which we hold about you is up to date and accurate.
Any prices contained on this Web site do not include sales, use, excise or
similar taxes. You agree to pay any sales, use, excise or similar tax connected
with your purchase of Hilti products, or to provide Hilti with tax exemption
certificates acceptable to taxing authorities
This Access Agreement shall be governed by your local laws. The user and Hilti's authorised distributor (CONSTRUCTION SUPPORT LTD) hereby submit to the exclusive jurisdiction of these courts.