This legal statement contains the terms and conditions governing this Site, www.yamaha-motor.eu, and all related corporate Sites of the affiliates of Yamaha Motor Europe N.V. (hereinafter referred to as Yamaha Motor Europe) which are linked to this Site (collectively, the "Sites").
Unless otherwise referenced herein, any reference to Yamaha Motor Europe shall include all of its affiliates.
The Sites are available only for your personal use, which shall be limited to viewing the Sites, providing information to the Sites, downloading product information for your personal review and for certain of the Sites purchase of products.
By entering this Site you acknowledge and agree that your license to enter and use this Site will be construed and evaluated according to the laws of The Netherlands. You agree that any disputes in connection with the use of this Site shall be resolved in court of competent jurisdiction in the Netherlands. If you use this Site from another country you are responsible for compliance with any and all applicable local laws. In addition, this Legal Statement shall neither exclude nor limit any of your mandatory rights provided to you by the applicable law in accordance with the application of the international conflict of law provisions. Yamaha Motor Europe makes no representation that the materials contained within this Site are appropriate for countries outside The Netherlands.
1 Yamaha Motor Europe publishes information on its Sites as a convenience to its visitors. Except for those Sites where products may be purchased, Yamaha Motor Europe product information is provided for informational purposes only. Information of and references to individual persons, whether employee or otherwise employed by or related to Yamaha Motor Europe, are meant for informational purposes only. By no means can/shall individuals and/or their statements on the Sites be linked to specific product or services responsibilities and/or liabilities of Yamaha Motor Europe, neither on personal nor on corporate level. Published statements and profiles are personal and cannot be referred to for any warranty or liability purposes, at law and otherwise.
While Yamaha Motor Europe attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. Yamaha Motor Europe reserves the right to make corrections and changes to the Sites at any time without notice. The Yamaha Motor Europe products described in its Sites may not be available in your region. Yamaha Motor Europe shall endeavour that the information in the Sites is appropriate to your region. Although Yamaha Motor Europe has made every effort to display the products and their colors as accurately as possible, the displayed products and colors of the products will also depend upon the equipment of the user and Yamaha Motor Europe cannot guarantee that the user's equipment will display an accurate representation of the actual products and their colors. It is possible that some software that may be downloaded from the Sites is subject to government export control or other restrictions. By visiting and using our Sites, you acknowledge these restrictions and agree that you are subject to them.
2 Visitors assume all responsibility and risk with respect to their use of the Sites. All information contained on the Site is provided to you "as is" and Yamaha Motor Europe disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Sites, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose, insofar as is allowed under the applicable jurisdiction. Yamaha Motor Europe does not warrant that the Sites are free of computer viruses, bugs or other harmful components. Yamaha Motor Europe does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. Yamaha Motor Europe does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Sites. Yamaha Motor Europe does not have any duty to update its Sites or modify their content or code, and Yamaha Motor Europe shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Sites before relying upon it.
3 In no event shall Yamaha Motor Europe be liable for any damages of whatever kind resulting from whatever cause, including but not limited to loss of use, loss of profits, loss of data, or any other type of damage, tangible or intangible in nature, whether in an action under contract, tort or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through, Yamaha Motor Europe's Sites. The limitations of liability referred to in this Legal Statement will not apply insofar the loss or damage results from willful misconduct or gross negligence on the part of Yamaha Motor Europe.
4 Yamaha Motor Europe reserves the right to withdraw access to the Sites or to revise the services and products described in the Sites at any time without notice. All offers and other statements by Yamaha Motor Europe are non-binding, unless Yamaha Motor Europe expressly indicates otherwise in writing.
You may withdraw from a transaction related to products or services which you purchased online from this Site, within 7 working days from the date of the receipt of the product or from the date of the transaction of the service in question, in accordance with the applicable statutory rules with respect to distance contracts.
Yamaha Motor Europe may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions, which apply to your use of the Sites. Continued use of this Site after any such changes shall constitute your consent to such changes. The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.
5 Yamaha Motor Europe owns or has rights to all of the Sites, including but not limited to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and any other content of the Sites (the "Content"), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the Sites (the "Code"). The Content and Code of the Sites are protected by intellectual property and related rights, including but not limited to copyrights, patent, database and trademark rights. You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Sites without the prior written agreement of Yamaha Motor Europe, in so far as such restrictions are allowed under applicable mandatory law. You may only use the Content or Code from the Sites for personal use. All logos, names and trademarks, which appear on the Sites are the (intellectual) property of Yamaha Motor Europe or are used by Yamaha Motor Europe under license. You may not use any of the foregoing for any purpose without the prior express written permission of Yamaha Motor Europe. Your failure to comply with this Legal Statement will constitute breach of contract and will violate Yamaha Motor Europe copyright, trademark and other proprietary and industrial property rights.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Yamaha Motor Europe, its affiliates or any third party
6 Although this Site may be linked to other Sites, Yamaha Motor Europe is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked Site, unless specifically stated therein. By entering this Site you acknowledge and agree that Yamaha Motor Europe has not reviewed all Sites linked to this Site and is not responsible for the content of any off-Site pages or any other Site linked to this Site. Your linking to any other off-Site pages or other Sites is at your own risk.
7 If you respond to Yamaha Motor Europe via e-mail, surveys, forums, registration, or any other communication medium, with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, but excepting your personal data, such information shall not be deemed confidential. By sending us any information, you grant to Yamaha Motor Europe an irrevocable, worldwide, perpetual and transferable right to use these submissions without any limitations for any purposes, which Yamaha Motor Europe considers necessary. Yamaha Motor Europe will not be liable for any use or disclosure of such information. Yamaha Motor Europe will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Yamaha Motor Europe will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely upon such information. Yamaha Motor Europe welcomes your comments and suggestions on its Sites and products, but Yamaha Motor Europe does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that Yamaha Motor Europe may publish such information, use it as part of its operations, and incorporate its concepts in Yamaha Motor Europe products or for any other purposes, which Yamaha Motor Europe considers necessary, without liability.
8 You will not use the interactive sections of the Sites, for instance forums, clubs, surveys, e-mailing and the like, to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violate any law. Yamaha Motor Europe does not have editorial control over the submission of any content to interactive sections of the Sites. All information, including the publication of pictures and or articles, is submitted at your sole risk and responsibility. Yamaha Motor Europe is not responsible or liable for damages or other adverse consequences caused by the use of the submissions in any form or manner.
1 Personal Data
2 Interactive sections
3 Direct Marketing
Forwarding of Yamaha Motor Europe products and services, including warranty services;
· Handling of your information requests;
· Forwarding of information regarding actual developments which may be of interest for you (such as newsletters, brochures and other mailings);
· Direct Marketing campaigns;
· Access control of password protected areas;
· Improvement and safeguarding of our Sites;
· Internal evaluation of Yamaha Motor Europe's products and services;
· Knowledge acquisition about our customers in order to serve them in the best possible way;
· Registration of customer statistics;
· The analysis of customer profiles, and
· Creation of a European database with customer data.
5 It is Yamaha Motor Europe's policy to keep your Personal Data only for so long as needed for such purposes.
6 Without prior consent your Personal Data will not be used for Direct Marketing purposes. You may, if you wish, opt in on this service when providing personal information.
7 Yamaha Motor Europe does not sell, rent or otherwise distribute your Personal Data to third parties, except as needed for Yamaha Motor Europe to provide the services for which your information was volunteered. Processing on behalf of Yamaha Motor Europe may be performed by any affiliates of Yamaha Motor Europe in the EU and any other third parties in the EU, with whom Yamaha Motor Europe concludes appropriate contracts to ensure compliance with the applicable Data Protection legislation.
8 Yamaha Motor Europe is applying commonly used technology to safeguard your Personal Data from wrongful use. Only authorized personnel have access to your data. Should Yamaha Motor Europe partners be carrying out part or all of Yamaha Motor Europe web survey purposes Yamaha Motor Europe has reached an agreement with them that they will handle your Personal Data with an equal level of strict confidentiality. The storage and sending of your data over the Internet is safeguarded by means of up-to-date, commonly used technology.
9 Persons who have not reached the age of 16 may only provide Personal Data with the consent of their legal representative (e.g. a parent).
10 You hold Yamaha Motor Europe and its affiliates harmless for any injuries, losses or damages of any kind inflicted on person or property resulting from acceptance of or participation in the Sites.
12 Should you participate in our surveys, we would be glad if you indicate to us, that we are allowed to contact you later for further research purposes, such as your opinion on new products, features etc. Should you reply positive to that option, which is included in most questionnaires, we may contact you by means of e-mail or phone later.
13 In case of any questions or complaints regarding the processing of your Personal Data, please contact in writing: Yamaha Motor Europe N.V. - CRM Powered Two Wheeler Division – P.O. Box 75033 – 1117 ZN Schiphol – The Netherlands. If you do not wish to be contacted by us anymore, we will immediately cease to use your Personal Data. When contacting us, please be sure to provide us with your exact e-mail address, name, address and/or telephone number(s) in order to be sure we handle your request correctly.