Techint and its subsidiaries (“Techint”), operate and maintain this web site (the “Site”) for informational and communication purposes. The following terms and conditions shall govern the use of the Site.
2. Restricted Use
This site is provided solely for the use of Techint’s [customers and suppliers], to interact with Techint and may not be used by any other person or entity, or for any other purpose.
The information on this Site is intended to furnish Users (as defined below) with general information on matters that such Users may find to be of interest, including, but not limited to, tubes, oil and gas industry and information concerning certain products and services manufactured or sold by Techint or its affiliated companies. Techint is a leading supplier steel tubes and related services for the world’s energy industry and other industrial applications.
The information and materials posted on this Site may be out of date, or may contain errors, omissions, or typographical errors. Techint may change, delete, or update any posted information or materials at any time and without prior notice to the Users. The information and materials posted on this Site are provided for informational purposes only and are not binding on Techint or any its affiliated companies in any manner whatsoever.
The information posted on the Site does not necessarily reflect the opinion of Techint or its affiliated companies. This Site may contain references to certain laws and regulations; since laws and regulations may change over time, such references should be interpreted only in light of particular circumstances.
The Site and its contents may be changed, deleted or updated by Techint at any time without notice.
5. Changes in Terms; Termination
5.1. Techint shall have the right at any time and without prior notice to revise the terms and provisions of these Terms or to impose new terms and conditions with respect to access to, or use of, this Site. Such revisions and additions shall be effective immediately upon the posting of the revised or additional terms and conditions on the Site. Any access or use of this Site by you after the posting of revisions or additions to these Terms shall constitute and be deemed to be your acceptance to such revisions or additions.
5.2. Techint also shall have the right to discontinue, suspend, modify or terminate this Site or any products or services described in the Site, or any User's right to access or use any portion of or product or service offered through the Site, at its sole discretion, at any time and without notice to the Users.
6. Refusal of Access Rights
Techint reserves the right to, in its sole discretion and at any time, refuse access to any User for any reason or for no reason whatsoever and shall have no obligation to provide any feedback or to discuss the reasons for refusing access to such User, even if access continues to be allowed to others.
7. Technical Aspects
Each User is responsible for providing and operating properly all equipment, software or website tools necessary to access the Internet and the Site. Access to the Site requires use of [Microsoft Explorer 4.0 or higher or Netscape Navigator 4.0 or higher].
8. Obligation not to interfere, damage or tamper the Site. No unlawful or prohibited use
8.1. Users shall not tamper in any way with the software or functionality of the Site. Without limiting the foregoing, User shall not put any material into the Site which contains any computer programming routines (including but not limited to viruses, time bombs, trojan horses, worms, cancelbots) or other device that may damage, disable, overburden, impair, interfere with or intercept any system, Techint server or the network(s) connected to any Techint servers, data, information or any third party’s use of the Site.
8.2. User shall not use the Site or the information contained therein, for any purpose that is unlawful or prohibited by the Terms and/or by any applicable laws and/or regulations.
9. Intellectual Property
9.1. Each User herein acknowledges that the software used in the Site, configurations, displays, screens, and all information, content appearing on or displayed in connection with or contained by Techint and Techint Members on the Site – including, but not limited to, Techint's domain names, Techint logos, Techint trademarks and the trade name Techint (collectively, "Techint Proprietary Assets") -- are protected by various intellectual property rights, including but not limited to, domestic and international copyrights, trademarks, patents and trade secrets, in accordance with intellectual property and concordant laws. Techint Proprietary Assets are owned by or licensed to Techint. Techint reserves all rights with regard to Techint Proprietary Assets, and intend to vigorously defend Techint Proprietary Assets, including seeking injunctive relief, damages, and legal costs.
9.2. Except where expressly stated otherwise, User agrees that it shall not directly or indirectly copy, recopy, reproduce, print, post, transmit, retransmit, translate, download, store (in any medium), disclose, publish, publicly display, perform, adapt, change, edit, decompile, reverse engineer, disassemble, distribute to others, or commercially exploit any information, in transactions with third parties, or otherwise use all or any part of the Techint Proprietary Assets or any information or content appearing or made available through the Site, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation style, content, or content organization, without the express prior written permission of Techint. In addition, other trademarks or intellectual property rights appearing through the use of the Site and information specifically related to certain companies may also be subject to the rights of other parties. User also agrees to respect, and not in any way to violate, such third party rights.
9.3. Neither Users nor anyone acting on their behalf, shall acquire any intellectual property or other proprietary rights relating to the contents of the Site or Techint Property Assets.
9.4. Provision of Data. If an User provides any data to Techint, whether by using this Site or otherwise, then User warrants that such data is accurate and current, that he or she is authorized to provide such data to Techint and authorizes Techint to copy, recopy, reproduce, print, post, transmit, retransmit, translate, up-load, down-load, store (in any medium), disclose, publish, publicly display, perform, adapt, change, edit and otherwise freely use it in connection with the operation of the Site and its business, and that the data does not infringe any third parties intellectual or other proprietary rights.
10.1. Links to other Internet sites operated by third parties, including members of Techint 's authorized dealer network, Techint's corporate partners and Techint affiliated companies, do not constitute sponsorship, endorsement, or approval by Techint of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Techint, and Techint is not responsible for the availability, accuracy, content, policies, practices or security of any websites that are linked (by way of hyperlink or otherwise) to this Site. Links to other sites are provided for the User’s convenience only, and the User accesses them at its own risk.
10.2. The following activities are prohibited and may constitute trademark and copyright infringement:
(i) links to any pages of the Site, unless otherwise expressly agreed by Techint: and
(ii) links that involve the unauthorized use of Techint Proprietary Assets.
Techint makes no warranties or representations whatsoever and disclaims all liability and responsibility concerning this Site or any linked site or its content, including the quality of the products and services described in the Site, the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. Techint does not warrant or represent that your access to or use of the Site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Site is free of computer viruses or other harmful components.
Without limiting the foregoing, everything on this Site is provided to you "as is" without warranty of any kind, either expressed or implied, including but not limited to guarantees of completeness, accuracy or timeliness, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement and without representations, warranties or other contractual terms of any kind, express or implied. The representations and warranties relating to the products sold by Techint shall be governed by the terms of the agreements entered into by the Techint with its customers.
In no event shall Techint or its affiliated companies be responsible for: (i) the news, information and data posted on the Site by third parties, (ii) updating the Site to keep information current, (iii) ensuring the accuracy or completeness of any posted information.
12. Limitation of Liability
To the fullest extent permissible pursuant to applicable law, under no circumstances will Techint or any of its affiliated companies be liable to you or any other person for any direct, indirect, consequential, incidental, special, or punitive damages, whether under any theory of tort, contract, warranty, strict liability or negligence or otherwise, and whether in respect of direct, indirect, consequential, special, punitive or similar damages, even if Techint was advised, knew or should have known of the possibility of such damages, arising in any way out of access to or use of or inability to access or use this Site or any linked site or its contents or termination of this site or denial of access to the site, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if Techint or its affiliated companies were expressly advised of the possibility of such damages.
The User agrees to defend, indemnify and hold harmless Techint and its affiliated companies, and their respective officers, directors, employees, agents and representatives from any and all claims arising out of the User’s breach of any of these Terms, and any of the User’s activities conducted in connection with this Site.
14. Access to password protected/secured areas
The registered Users of the Site (the “Members”) can access to certain specific protected/secured areas in the Site, identifying themselves with their user names and passwords.
When registering in the Site, the Members should complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. Should any information contained in the registration form cease to be true, accurate and complete, the Members shall notify Techint promptly of any changes that may cause such information to be false, inaccurate or incomplete at any time after the date of submission of the registration form.
Access to and use of password protected and/or secured areas of the Site is restricted to Members only, and each Member is entirely responsible for maintaining the confidentiality of its password and user name. Furthermore, each Member is entirely responsible for any and all activities that occur under its user name. You agree to notify Techint immediately of any unauthorized use of its user name or any other breach of security. Techint will not be liable for any loss in which the Member should incur as a result of someone else using its password and/or user name, either with or without Member’s knowledge. Member may not use anyone else’s user name and password at any time, without the permission of such user’s name holder.
15.1. General Provision Except as otherwise provided within this Site, any communication or material you transmit to this Site by electronic means or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Techint and its affiliates and business partners for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, such persons are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
With Member registration to the Site, Techint automatically captures the IP address and host name (if available) of the Member's originating server. The IP address identifies the computer a Member is working on, but does not reveal any personal information about the Member. This information helps Techint to diagnose problems with its server. It also allows Techint to direct improvements for the Site by gathering broad, non-attributed demographic information about general patterns of Member use of the Site.
- Information that the terms of an administrative order, court order, or subpoena requires Techint to disclose, that Techint in good faith determine is legally required to be revealed, or that law enforcement authorities request Techint to disclose in connection with their investigations;
- Information revealed during the course of the Techint' enforcement of these Terms; and
- Information that Techint in good faith determines must be disclosed to correct what the Techint believes to be false or misleading information.
Techint will publish information about activity on the Site using aggregated information that does not include the identities of Members involved.
The Site has security measures in place to prevent the loss, misuse, and alteration of the information under Techint' control. These include firewall protection, password encryption, and restricted Server access. However, since such measures may not be effective in the prevention of loss, misuse or alteration of information in all cases, Techint urges all Users to act cautiously when using the Site.
16. Governing Law
These Terms shall be governed and construed in accordance with the Unidroit Principles of International Commercial Contracts, 1994, published by the International Institute for the Unification of Private Law (Unidroit).
17. Resolution of Disputes
Any controversy, dispute or claim in connection with these Terms or their interpretation or breaches to them, including any controversy regarding their validity and applicability, or fulfillment or non-fulfillment, shall be definitely settled though arbitrage administered by the International Court of Arbitration of the International Chamber of Commerce (“ICC”), in accordance to the Arbitration Rules of the ICC. The arbitration venue will be the city of New York, USA., and arbitrage procedures will be carried out in English. By this act the parties will relinquish, to the maximum extent authorized by the applicable laws, all rights to file a claim or appeal before a competent jurisdiction court in connection with a matter of fact or law arising from the arbitration or the arbitrage decision. The arbitrators shall not be authorized to decide any dispute, controversy or claim ex aequo et bono or as amicable compositeurs but shall strictly apply the law governing this Terms.
18. 1. General
Techint and its Affiliates may collect “cookies” which are files or pieces of information that may be stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when visiting the Site (or any other site linked or otherwise related to Techint’s Site).
A cookie will usually contain the name of the Site from which the cookie has come from, the "lifetime" of the cookie (i.e. how long it will remain on your device), and a value, which is usually a randomly generated unique number.
18.2. Types of Cookies we use in this Site
Depending on the purpose:
Technical cookies: these are cookies that enable the visitor or user to browse the web page, platform or application and use the different options or service on it, e.g. to control traffic and data communication, to identify the session, to access restricted web site areas, to record elements that go to make up an order, to make a subscription or an application to participate in an event, to use security elements during browsing, to store content to broadcast videos or sound or to share content over the social networks
Geolocation cookies: these cookies allow us to know form where the user is requesting a service. These cookies are anonymous and is used, for example, to offer you’re the proper information depending on the country where you are.
Personalization cookies: these are cookies that enable users to access the service pursuant to certain general, pre-defined characteristics according to a range of criteria on the user’s terminal, such as e.g. language, browser type used to access the service, regional configuration from where the service is accessed, etc.
Analysis cookies: enable monitoring and analyzing the behavior of users of the Site to which they are linked. The information gathered through these cookies is used for measuring the activity of the Site, platform or application and for profiling navigation of users of the Site, platform or application, in order to improve the Site based on those analysis.
Advertising cookies: these cookies enable us to manage the offer of the advertising space on the web page as efficiently as possible, by adapting the ad content to the content of the service requested or the use you make of our web page.
Behavioral advertising cookies: these cookies allow the efficient as possible management of the advertising space available on the Site. These cookies store information on user behavior from continued observation of user browsing habits, thus enabling the developing of a specific profile to show advertising consistent with the behavior in question.
Depending on the duration
Session cookies: these are cookies designed to collect and store information while the user is accessing a Site. These cookies are not stored on the user’s computer when the session expires or the browser is closed.
Persistent cookies: these are cookies in which the data continue to be stored on the user’s computer and can be accessed and processed when the user leaves the Site and when he/she returns to it. The user can delete these cookies at any time.
Depending on who manages the cookies
Own cookies. Are those sent to the visitors or users terminal from a computer or domain managed by the owner of the Site and from which the service requested by the user is provided.
Third party cookies. Are those sent to the visitors or users terminal from a computer or domain that is not managed by the owner of the Site and from which the service requested by the user is provided but for another entity that processes the data gathered by the cookie. Likewise in the event that cookies are installed from a computer or domain managed by the owner of the Site itself but the information collected is managed by a third party, they will also be considered as third-party cookies.
The Site collects information on users by means of the installing the cookies on its visitors’ hard disks.
By using Techint Site, you agree that we can place these types of cookies on your device. If you want to restrict or block any of the above cookies, you should do this through the web browser settings for each browser you use and on each device you use to access the internet. Please be aware that some of areas of our Site may not function if your web browser does not accept cookies. However, you can allow cookies from specific Sites by making them "trusted sites" in your web browser. The "Help" function within your web browser should tell you how to make these changes.
If you have any questions in relation to this policy please contact us at: Data Protection Policy