Terms of use

The Mitsubishi Electric Europe B.V., Mitsubishi-Electric-Platz 1, 40882 Ratingen, Germany (here: “Mitsubishi Electric Factory Automation EMEA”), provides the website no.mitsubishielectric.com/fa (here: “Website”). The Website is related to Mitsubishi Electric Factory Automation (also referred to as "Factory Automation" or “FA”) for the regions Europe, Middle East and Africa (here: “EMEA”). The Website contains certain benefits and contents (here: “Content” or “Service”) as well as the possibility to use (if applicable) the section MyMitsubishi (here: “MyMitsubishi”) or to subscribe to newsletters (here: “Mitsubishi Electric Newsletter”) sent by Mitsubishi Electric Factory Automation EMEA and/or Affiliated European Companies (here together: “Mitsubishi Electric Europe”) (MyMitsubishi and the Mitsubishi Electric Newsletter hereinafter “Additional Services”).

By visiting the Website and (if applicable) using the Additional Services you agree to these Terms and Conditions (here: “T&C”).

1. Application of these T&C

   The use of the Website and (if applicable) the Additional Services by the User shall be governed solely by these T&C. In particular, we do not accept any other terms and conditions.
   

2. Mitsubishi Electric Factory Automation EMEA’s Services
   The Website is a voluntary service of Mitsubishi Electric Factory Automation EMEA and free of charge. Mitsubishi Electric Factory Automation EMEA will provide the User with Content that is up to Mitsubishi Electric Factory Automation Europe’s sole discretion. In particular, Mitsubishi Electric Factory Automation EMEA may alter (reduce or change) the Content from time to time or cease the provision of certain Content, the Additional Services or the Website at all at any time (also temporarily) for any or all Users without giving prior notice or reasons. Mitsubishi Electric Factory Automation EMEA shall be entitled to deploy third parties or use third parties’ services to perform the services for the provision of the Website.
   Hyperlinks to content that is provided on third party websites may be included under the Website. We cannot control the contents that can be found under such hyperlinks which are not part of our service.
   
3. Use of the Website, Additional Services and Content, Rights of Use

   The use of the Website and (if applicable Additional Services) is permitted solely for lawful activities. The User shall not use any Content in a way that might cause damage to Mitsubishi Electric Factory Automation EMEA or companies affiliated to Mitsubishi Electric Factory Automation EMEA according to Sections 15 et seq. of the German Stock Corporation Act (Aktiengesetz, AktG; such affiliated companies here: ”Affiliated Companies”). Mitsubishi Electric Factory Automation EMEA grants the User a non-exclusive, non-transferable right to use the Content personally and limited to its internal business use in connection with (potential) purchases from Affiliated Companies. However, the User shall not copy or modify the Content, unless this is necessary to use the Content in a contractually intended manner. The User shall not distribute, make publicly available, sell, lease or rent the Content. If rights of use are not expressly granted to the User, Mitsubishi Electric Factory Automation EMEA explicitly retains any such rights.
   The User shall compensate Mitsubishi Electric Factory Automation EMEA and/or its Affiliated Companies for any damage that Mitsubishi Electric Factory Automation EMEA and/or its Affiliated Companies suffer from a use of the Website and/or Content contrary to these T&C.

4. Compliance with Export Control Regulations

   The User shall comply with all applicable national and international export and re-export control regulations (e.g. regarding downloaded materials). Prior to any transfer or transport of relevant material the User shall in particular check and guarantee by appropriate measures that no infringement of an embargo that is imposed by the European Union, the United States of America and/or the United Nations is caused. Upon respective request the User shall provide Mitsubishi Electric Factory Automation EMEA with all relevant information regarding a prospective breach of export control regulations that is evaluated in connection with the User’s activities (e.g. by competent authorities or by Mitsubishi Electric Factory Automation EMEA).
   

5. Warranty, Limitation of Liability

   Mitsubishi Electric Factory Automation EMEA shall be fully liable for willful intent, in case of gross negligence, in case of fraudulent concealment of a defect (arglistiges Verschweigen eines Mangels) and for claims in connection with the German Product Liability Act (Produkthaftungsgesetz). Any other liability of Mitsubishi Electric Factory Automation EMEA and possible warranty claims of the User shall be excluded. Mitsubishi Electric Factory Automation EMEA does not provide any guarantees. This limitation of liability shall also apply to Mitsubishi Electric Factory Automation EMEA’s employees, agents and vicarious agents.

6. Additional Services

6.1 MyMitsubishi

a) Registration
The User’s registration is necessary for the use of MyMitsubishi. Only persons at the age of 18 or older are permitted to register. The User shall fill the registration form on the Website truthfully. Mitsubishi Electric Factory Automation EMEA is entitled to exclude the User from using MyMitsubishi in particular in case that the User provided incorrect data. The User herewith confirms that he/she is permitted to fill in the respective data in case that data regarding third parties are concerned. The User shall not forward his /her login data to third parties and change his/her password from time to time when requested to do so. For details in connection with data protection please refer to the Information Regarding Data Protection available under Information Regarding Data Protection.

b) Consent to Receiving Update Information for Downloaded Material and Additional Data Protection Information
The User agrees that Mitsubishi Electric EMEA uses the contact details provided to Mitsubishi Electric Europe in connection with the registration to MyMitsubishi, in particular name and email-address, to receive information of any updates to material that the User (i) downloaded from the website no.mitsubishielectric.com/fa/mymitsubishi, (ii) put on the personal download list (here: “Download List”) and (iii) marked for receiving such update information by activating the respective box allocated to the respective document. The User herewith also agrees that Mitsubishi Electric Europe stores and uses the Download List for such purposes. With respect to the downloads themselves, the User is aware that additional information can be found in the Information Regarding Data Protection available under Information Regarding Data Protection.
The User knows and accepts that he/she will receive an email that has to be answered as described in the email, before he/she gets any such update information from Mitsubishi Electric Europe.
The User knows that this consent will be recorded by Mitsubishi Electric Europe. The User can access this consent at any time under Status of Terms and Conditions. The User knows that he/she may withdraw from this consent at any time with effect as of the withdrawal
- by giving respective information to Mitsubishi Electric Europe B.V., Ratingen, Germany, or its data protection officer; the contact details are available respectively under "Personal data enquiry form"; or 
- via the MyMitsubishi website by (i) merely deleting the Download List or (ii), limited to the respective documents, deleting the respective document from the Download List or (iii) – only with effect for sending update information for a certain document – deactivating the respective box allocated to the respective document or (iv) deleting the MyMitsubishi account.

The User is aware aware that, to the extent of the withdrawal, Mitsubishi Electric Europe will not provide any update information any more.

c) Amendments to these T&C for MyMitsubishi
Mitsubishi Electric Factory Automation EMEA may amend these T&C or specific terms and conditions that apply for specific contents and in relation to data protection from time to time. The User will get respective notification throughout the login procedure and the User needs to click a checkbox in order to confirm that he accepts the new terms and conditions. If the User does not confirm the amended terms and conditions the use of MyMitsubishi or certain services may be fully or partly limited.

6.2 Mitsubishi Electric Newsletter

Users may subscribe to Mitsubishi Electric Newsletters on the website. With submittance Users agree that Mitsubishi Electric Europe sends recurring newsletters to the email-address provided during subscription. The Mitsubishi Electric Newsletters contain in particular interesting information from the Mitsubishi Electric world (in particular product news, case studies on applications, trade show dates, details of events for customers and special offers). With the subscription, users also consent to processing and using the email-address provided during subscription for generation and sending of the Mitsubishi Electric Newsletters.

The consent will be recorded by Mitsubishi Electric Europe. Subscribers may withdraw from this consent at any time with effect as of the withdrawal by using the Unsubscribe link provided in each e-mail newsletter or by giving respective information to Mitsubishi Electric Europe B.V., Ratingen, Germany, or its data protection officer. The contact details are available respectively under "Personal data enquiry form". Subscribers will be notified of this possibility to withdraw in each newsletter. The User is aware that additional information can be found in the Information Regarding Data Protection available under Information Regarding Data Protection.

7. Choice of Law
   This T&C shall be governed solely by material German law excluding the UN Convention on Contracts for the International Sale of Goods (CISG).