TERMS OF USE OF THE WEBSITE
● GENERAL
These terms of use shall apply to the use of https://terrako.com/ (hereinafter referred to as the "Website"), being a marketplace where products, software and services are sold to dealers and/or end-customers (hereinafter referred to as the “User”, “You” or “Your”).
The Website is operated by Kubota Europe SAS, a company registered under the laws of France, having its registered address at 19 Rue Jules Vercruysse, 95100 Argenteuil, France (hereinafter referred to as “Kubota Europe”) and also gradually used by Kubota Europe’s sister companies (hereinafter referred, together with Kubota Europe, to as “Kubota”, “We”, “Our” or “Us”).
To the extent You have also entered into one or more agreements with Kubota Europe or a sister company of Kubota Europe with respect to the use of the Website, these terms of use are in addition to the terms of such agreement.
These terms of use constitute a binding agreement between Kubota Europe and You. Please read these terms of use carefully before using the Website.
The Website is intended for use by Kubota, the Sales Partners, its dealers, its end-customers and its other authorized users determined by Kubota. If the User does not agree to these terms of use, it shall not use the Website. In case the User is using the Website, it is deemed agreed that it has voluntarily accepted these terms of use and it agrees to be bound by these terms of use.
The User may download, save and/or print these terms of use. The terms of use can also be accessed on the Website.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kubota to any registration requirement within such jurisdiction or country. Accordingly, those users who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
● SALES PARTNERS
Through the Website You can purchase products from parties that have been authorised to use the Website to sell products, including, in some cases, software licenses (this includes Our Dealer network and other Kubota entities, as listed in Appendix 1, hereinafter referred to as "Sales Partners"). Sales Partners are independent registered companies. If You purchase a product from a Sales Partner, You enter into an agreement between You and the Sales Partner. Kubota is not involved in the transaction between You and (a) Sales Partner(s) other than facilitating the Website through which this transaction is made. Any complaints or queries concerning the transaction and/or agreement between You and a Sales Partner should be directed at the relevant Sales Partner, for which the contact details will be made available by the Sales Partner.
The Sales Partner is responsible for the performance of the commercial agreement entered into between You and the Sales Partner, which, for the avoidance of doubt, inter alia includes the terms of delivery. Accordingly, in the event of any dispute or complaint in this regard, You should contact the Sales Partner with whom You have entered into an agreement or raise Your query through the “Contact Us” form on the Website. If We are unable to help with Your query, We will forward it to the relevant Sales Partner who will be able to support You.
● USE OF THE WEBSITE
In order to use the Website, You must have a User account to access the Website (hereinafter referred to as the "Account").
In order to be able to have an Account, You must be at least 18 years of age, provide a valid email address and create a password. You confirm that You have the legal capacity, and You agree to comply with these terms of use and that You are not a minor in the jurisdiction in which You reside. Additionally, You will not access the Website through automated or non-human means, whether through a bot, script or otherwise. You will also not use the Website for any illegal or unauthorised purpose and Your use of the Website will not violate any applicable law or regulation.
You are obligated to provide correct, complete and accurate information when creating an Account, and to keep the information, including personal data, relating to Your Account up to date. We expressly disclaim any liability relating to any damage, loss or costs resulting from incorrect, incomplete and/or inaccurate (personal) data provided by You. If You provide any information that is untrue or inaccurate, not current, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
You are at all times fully responsible for the confidentiality and use of the Account and for the conduct of those who gain access to the Account (especially in the case of employees of the Company that is the owner of the Account). If You have reason to suspect that an unauthorised third party has access to the Account, You must inform Us thereof immediately. We expressly disclaim any liability for any damage, loss or costs resulting from unauthorised use of the Account.
● USER CONDUCT AND OBLIGATIONS
You must comply with all applicable laws, regulations and conditions, including these terms of use, in connection with Your use of the Website. If You do not comply with these conditions, We may, temporarily or indefinitely, deny Your access to the Website and/or delete or (temporarily) disable Your Account.
You warrant that You will not use the Website for any purpose that is unlawful or prohibited by these terms of use. Therefore, You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which You have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). Any material posted or transmitted to or from the Website in breach of these terms of use may be removed or edited by Us.
We reserve the right to review postings on the Website, to remove any postings, and to terminate Your ability to post to the Website at any time without notice, in its sole discretion. Kubota also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You are responsible for the actions conducted within or through Your Account. In the event of abuse of Your Account, We may, temporarily or indefinitely, deny Your access to the Website or terminate these terms of use with immediate effect and delete Your Account in accordance with the provisions of these terms of use.
● LICENCE
Provided that You are eligible to use the Website, You are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your use of the Website use.
Unless otherwise stated, nothing stated or implied on this Website confers on You any license or right under any of Our patents or trademarks or any third party.
● INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website is Kubota Europe’s property and all source code, databases, functionality, software, website designs, audio, text, photographs and graphics on the Website (hereinafter collectively referred to as the “Content”) and the trademarks, service marks and logos contained therein (hereinafter referred to as the “Marks”) are owned and controlled by Us or licensed to Us and are protected by copyright and trademark laws and various other intellectual property rights. We reserve all rights not expressly granted to You in and to the Website, the Content and the Marks.
Unless otherwise stated, the intellectual property rights arising from the Website, the Content and/or the Marks are proprietary rights owned by Us or Our licensors. All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Us or Our licensors, to the full extent provided under all international copyright laws. Under applicable copyright laws, You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on You any license or right under any copyright of Kubota or any third party.
The Website and the information contained in reference herein are for informational purposes only. Any reproduction, copying, storage or redistribution for commercial purposes of any part of the Website is strictly prohibited, without the prior written consent of Kubota. Requests for permission to reproduce any information contained on this Website should be addressed to Us as indicated in the section “How to contact us”.
Notwithstanding the foregoing, the User may only copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Content, services, web pages or materials on the Website or the computer codes of elements comprising the Website for own personal use. The User may not use any automatic or manual device, program, algorithm or methodology, or any similar process on any portion of the Website or Content. Subject to the above, the User may download substantial excerpts of the Content to their device for the purpose of viewing it provided that no more than one copy of any information is made.
You hereby agree not to infringe any intellectual property rights in relation to the Website and to indemnify Us for all costs, loss and damage arising from any infringement by You of such intellectual property rights. You are not permitted to modify or remove any indication of any of Our intellectual property rights and/or a third party on the Website.
● PROHIBITED USE OF THE WEBSITE
You agree that in using the Website You will not:
- systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us,
- trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as User passwords,
- circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein,
- disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Website,
- use any information obtained from the Website in order to harass, abuse, or harm another person,
- make improper use of Our support services or submit false reports of abuse or misconduct,
- use the Website in a manner inconsistent with any applicable laws or regulations,
- use the Website to advertise or offer to sell goods and services,
- engage in unauthorised framing of or linking to the Website,
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website,
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools,
- delete the copyright or other proprietary rights notice from any Content,
- attempt to impersonate another user or person or use the username of another user,
- sell or otherwise transfer Your profile,
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”),
- interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website,
- harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Website to You,
- attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website,
- copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code,
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website,
- except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorised script or other software,
- use a buying agent or purchasing agent to make purchases on the Website,
- make any unauthorised use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretences,
- use the Website as part of any effort to compete with Us or otherwise use the Website and/or the Content for any revenue-generating endeavour or commercial enterprise.
● USER GENERATED CONTENT
The Website does not offer Users to submit or post content. We may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (hereinafter referred to as "Contributions"). Contributions may be viewable by other users of the Website and through third-party websites. As such, any Contributions You transmit may be treated in accordance with the Website’s Privacy Notice. When You create or make available any Contributions, You thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise Us, the Website, and other users of the Website to use Your Contributions in any manner contemplated by the Website and these terms of use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Website and these terms of use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by Us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these terms of use, or any applicable law or regulation.
We reserve the right (but assume no obligation without a satisfactory cybersecurity and fraud prevention policy) to remove or edit such content. If You believe that Your rights have been violated by an item or information on the Website or You have come across Contributions that violate these terms of use, please notify Us by completing and submitting the applicable notice form which can be found in the “Contact Us” section of the Website. Any use of the Website in violation of the foregoing violates these terms of use and may result in, among other things, termination or suspension of Your rights to use the Website.
● WEBSITE MANAGEMENT
In Kubota’s sole discretion and without limitation, Kubota reserves the right to:
- monitor the Website for violations of these terms of use;
- take appropriate legal action against anyone who, in Our sole discretion, violates the law or these terms of use, including without limitation, reporting such user to law enforcement authorities;
- notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems;
- otherwise manage the Website in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Website.
● MODIFICATIONS AND INTERRUPTIONS
Kubota reserves the right to change, modify, or remove the contents of the Website at any time or for any reason at its sole discretion without notice. However, Kubota has no obligation to update any information on Our Website. We also reserve the right to modify, change or discontinue all or part of the material on the Website at any time without notice. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Website.
Kubota cannot guarantee the Website will be available at all times. Kubota may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. Kubota reserves the right to change, revise, update, suspend, discontinue, or otherwise modify all or part of the Website at any time or for any reason without notice to You. You agree that Kubota has no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these terms of use will be construed to obligate Kubota to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
● CORRECTIONS ON THE WEBSITE
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Kubota reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
● LINKS TO THIRD-PARTY WEBSITES
This Website may contain links to other websites not supported by Us (hereinafter referred to as the “Linked Websites”). The Linked Websites are not under the control of Kubota and Kubota is not responsible for the contents of the Linked Websites, including, without limitation, links contained on Linked Websites, or any changes or updates to Linked Websites. Kubota is providing Linked Websites to You only as a convenience, and the inclusion of such Linked Websites is not an endorsement, authorization, sponsorship, affiliation, or monitoring by Kubota in favour of any company offering internet services, products or services on the Linked Websites.
Kubota has not verified the accuracy or completeness of any information in such Linked Websites and makes no representations as to the information contained therein. Accessing any Linked Websites is at Your own risk. Different terms of use, terms and conditions, privacy notices and/or cookie notices may concern Your use of any Linked Website.
● USER DATA
We will maintain certain data that You transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to Your use of the Website. Although Kubota performs regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Website. You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.
● DATA PRIVACY AND COOKIES
We care about data protection and security. Information about how We process personal data with respect to the Website is included in Our data privacy notice. By using the Website, You agree to be bound by Our data privacy notice, which is incorporated by reference into these terms of use. Please be advised that the personal data processed through the Website is hosted in data centers located within the European Union. If You access the Website from any other region of the world with laws or other requirements governing personal data collection, use, erasure or disclosure that differ from applicable laws in the European Union and the United Kingdom, then through Your continued use of the Website, You are transferring Your personal data to the European Union, and You agree to have Your personal data transferred to and processed in the European Union.
Information about how We use cookies and/or similar techniques on the Website is included in Our cookie policy which can be found on the Website.
With respect to Your personal data being processed by the Sales Partner, You will be provided with a separate data privacy notice from them with respect to such processing.
● ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Website, sending Us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.
● HOW TO REPORT SUSPICIOUS FRAUD
If You believe Your rights have been violated or You would like to notify Us of a problem/s with a product, content or a product page of the Website, for example if You believe the product or content is illegal, You may submit the notice form, which can be found in the “Contact Us” section of the Website.
If You would like to read more on Our cybersecurity and fraud prevention policy on how to report Your rights violations or illegal content, illegal content removal process, response times for addressing complaints, Our appeals procedure if You disagree with Your Contributions being taken down, please visit our cybersecurity and fraud prevention policy.
● KUBOTA’S LIABILITY
Kubota will make reasonable efforts to ensure that the Website is available 24 hours a day, but We shall not be liable if for any reason the Website is unavailable at any time or for any period of time. Access to the Website may be suspended temporarily and without notice in case of system failure, maintenance, repair and/or for reasons beyond Our control. Kubota does not guarantee, represent or warrant that Your use of the Website will be uninterrupted and/or error-free.
Notwithstanding the foregoing, the (access to and exploitation of the) Website as well as any Website material or Website services provided by Us (which for the avoidance of doubt, does not include any products or services You procure, buy from Us or third parties by using the Website) are provided "as is" and "as available", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with the Website on the basis that We exclude all representations, conditions and other terms and expressly disclaim any warranty of any kind, either express or implied, including all implied warranties of satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security, title and non-infringement.
We do not represent or guarantee that the Website will be free from loss, attack, corruption, viruses, hacking or other security intrusion, and We disclaim any liability relating thereto. If Your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof. You shall be responsible for backing up Your own data.
Nothing in these terms of use shall act to exclude or limit Kubota’s liability for death or personal injury caused by negligence, fraud, misrepresentation as to a fundamental matter or any other liability which may not be excluded or limited by statutory law.
● LIMITATION OF LIABILITY
In no event will Kubota Europe, its sister companies or its affiliates or parent company, or any party involved in creating, producing or delivering this Website, or on any Linked Website, be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special, exemplary or punitive damages, loss of profit, loss of business or data, business interruption and/or damages arising out of or in any way related to the Website, Your access, use or inability to use this Website or any Linked Website, or in connection with any inaccuracy of the information, inconvenience, failure of performance, alteration, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Kubota has been advised of the possibility of such damage or losses. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Kubota's liability in such jurisdictions shall be limited to the extent permitted by law.
● INDEMNIFICATION
By using the Website, upon a request by Kubota, You agree to defend, indemnify and hold harmless Kubota Europe and its sister companies, affiliates, parent company, officers, agents, co-branders or other partners and employees from all liabilities, obligations, claims, damage, loss, costs and expenses, including attorneys’ fees and expenses, made by any third party due to or arising out of, whether active or passive, Your breach of these terms of use, Your use of the Website, and/or any action taken by us as part of Our investigation of a suspected breach of these terms of use, or Your violation of any rights.
● TERM AND TERMINATION
These terms of use shall remain in full force and effect while You use the Website. Without limiting any other provision of these terms of use, We reserve the right to, in Our sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate Your use or participation in the use of the Website or delete any content or information that You posted at any time, without warning, at Our sole discretion.
If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Kubota is entitled to terminate – for reasons of convenience – the operation of the Website without any liability arising on its part to pay damages to You. To the extent possible or appropriate, Kubota shall give You prior reasonable notice thereof.
● AMICABLE CLAIMS
If You are not satisfied with the manner in which We perform Our services with respect to the Website, You can submit a claim to Us, to Your Sales Partner or by contacting Us as indicated in the section “How to contact us”.
Within a reasonable period after receipt of the complaint, one of Our designated employees will contact You to discuss the complaint and (try to) achieve a solution. If the complaint has incorrectly been addressed to Kubota, We will direct You to the correct party to address Your complaint to, where possible.
● APPLICABLE LAW AND DISPUTE RESOLUTION
These terms of use and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of France, without regard to the conflicts of laws provisions thereof.
Any dispute or action that may arise as a result of these terms of use shall be submitted to the exclusive jurisdiction of the competent court of Paris, France and no other court shall have jurisdiction with regards to any such dispute or action. Notwithstanding the foregoing, We are also entitled to bring the dispute or action before the court where the defendant has its registered offices.
● MODIFICATIONS OF THE TERMS OF USE
Kubota reserves the right to amend these terms of use at Our sole and absolute discretion from time to time. Such change shall be effective when posted on the Website or effective as soon after posting as permitted under applicable law.
You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms of use to which You are bound. Your use of the Website after the posting of modifications to these terms of use will constitute Your acceptance of these terms of use, as modified. If, at any time, You do not wish to accept these terms of use, You may not use the Website.
● NO PROFESSIONAL ADVICE
Any information supplied by any of Our employees or agents, whether by telephone, e-mail, letter, facsimile, internet transmission or other form of communication, is intended solely as general guidance on the use of the Website, and does not constitute legal, tax, accounting, marketing or other professional advice. No responsibility is assumed with respect to any such statement, nor with respect to any expression of opinion herein contained.
● MISCELLANEOUS
Unless otherwise specified herein, these terms of use and any policies or operating rules posted by Kubota on the Website or in respect to the Website constitute the entire agreement and understanding between You and Kubota, and govern Your use of this Website, prevailing on any prior agreement between You and Kubota in this regard. Its failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.
No failure and/or delay in exercising any right under these terms of use shall impair Kubota’s right to exercise such right(s) or operate as a waiver thereof in whole or in part. No single or partial exercise of any right under these terms of use shall prevent any further or other exercise thereof or the exercise of any other right.
You may not assign or transfer any of Your rights or obligations under these terms of use unless Kubota has provided Our agreement therewith in writing. You agree that Kubota may sub-contract the performance of any of Our obligations or may assign all or part of these terms of use or any of its rights or obligations hereunder without giving You notice.
There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these terms of use or use of the Website. You agree that these terms of use will not be construed against Us by virtue of having drafted them.
You hereby waive any and all defences You may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these terms of use.
The failure of Kubota to enforce any provisions of these terms of use or respond to a breach by You or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these terms of use or to act with respect to similar breaches.
If any term or provision of these terms of use are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other terms or provisions of these terms of use or invalidate or render unenforceable such terms or provisions in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, Kubota shall in good faith modify these terms of use so as to affect the original intent as closely as possible in an acceptable manner, taking into account the considerations leading to invalidity, illegality or unenforceability.
● HOW TO CONTACT US
If You have any questions or comments about these terms of use, please contact Us by email at khe_g.privacy@kubota.com or by post to the attention of:
Kubota Holdings Europe B.V.
Compliance Department
Data Privacy Counsel
Hoofdweg 1264
2153 LR Nieuw-Vennep
The Netherlands
Last update: January 1st, 2025
Appendix 1: List of Kubota’s entities and date of Website's availability (these dates are indicative only and are subject to change)
|
Kubota entities and registered address |
Website availability |
|
Kubota Europe SAS - 19 Rue Jules Vercruysse, 95100 Argenteuil, France |
2024 |
|
Kubota Europe SAS Italian branch - SP Nuova Rivoltana 2/A 29, 20054 Segrate, Italy |
2026 |
|
Kubota Europe SAS Netherlands branch - Rietveldstraat 22, 8013RW Zwolle, The Netherlands |
Q3 2025 |
|
Kubota (Deutschland) GmbH - Senefelder Strasse 3-5, 63110 Rodgau/Nieder-Roden, Germany |
Q1 2025 |
|
Kubota (Deutschland) GmbH Sp. z o.o. Oddzial w Polsce - Baletowa 82, 02-867 Warszawa, Poland |
2026 |
|
2028 |
|
|
2028 |
|
|
Kubota Baumaschinen GmbH - Steinhauser Strasse 100, 66482 Zweibrücken, Germany |
2026 |
|
Kubota Espana SA - Calle Fernando Alonso 15, 28914 Leganes, Madrid, Spain |
2026 |
|
Kubota (U.K.) Ltd - Dormer Road, OX9 3UN, Thame, Oxfordshire, United Kingdom |
2024 |
|
Kverneland Holding France SAS - 275 Avenue du Ruet, 45760 Marigny-les-Usages, France |
2024 |
|
Kverneland Group France SAS - 275 Avenue du Ruet, 45760 Marigny-les-Usages, France |
2024 |
|
Kverneland Group Mechatronics BV - Hoofdweg 1278, 2153LR Nieuw-Vennep, The Netherlands |
2023 |
|
Kverneland Group Benelux BV - De Dommel 38-40, 8253PL Dronten, The Netherlands |
Q3 2025 |
|
Kverneland Group Benelux BV Belgium branch - Oude Gentweg 81, 8820 Torhout, Belgium |
2025 |
|
Kverneland Group CIS OOO - Novodmitrovskaya 2/2, 127015 Moscow, Russia |
2027 |
|
Kverneland Group Deutschland GmbH - Coesterweg 42, 59494 Soest, Germany |
Q1 2025 |
|
Kverneland Group International GmbH - Coesterweg 45A, 59494 Soest, Germany |
2027 |
|
Kverneland Group Iberica SA - Polígono Industrial Zona Franca, Sector C, Calle F 28, 08040 Barcelona, Spain |
2026 |
|
Kverneland Group Holding (DK) A/S - Taarupstrandvej 25, 5300 Kerteminde, Denmark |
2026 |
|
Kverneland Group Denmark A/S - Taarupstrandvej 25, 5300 Kerteminde, Denmark |
2026 |
|
Kverneland Group UK Ltd - Walkers Lane, Lea Green, WA9 4AF, St Helens, Merseyside, United Kingdom |
2024 |
|
Kverneland Group Ireland Ltd - Hebron Industrial Estate, R95 R2TA Kilkenny, Ireland |
Q2 2025 |
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Kverneland Group Italia Srl - Via dell’Industria 22/A, 46043 Castiglione delle Stiviere, Italy |
2026 |
|
Kverneland Group Operations Norway AS - Plogfabrikkvegen 1, 4353 Klepp stasjon, Norway |
2027 |
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Kverneland Group Polska Sp. z o.o. - Kreta 87, 87-100 Torun, Poland |
2026 |
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Kverneland Group Hungaria Kft - Karinthy út 63, 5008 Szolnok, Hungary |
2027 |
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Kverneland Group Sverige AB - Sätervägen 1, 60597 Norrköping, Sweden |
2026 |