Last updated: February 23, 2018
Please read this document carefully as it sets out the terms on which you are allowed to use the website www.rollouki.com ("Website") which is operated by Finning International Inc. (a company registered in Canada under number 210248-0 with a registered office at 666 Burrard Street, Park Place, Suite 10000, Vancouver, British Columbia, Canada V6C 2X8) and its group of companies (collectively, “Finning”).
Terms of Web Site Use
These terms of use (together with the documents referred to in it) tell you the terms on which you may make use of our Website. Please read these terms of use carefully before you start to use our Website, as these will apply to your use of our Website. By using our Website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Website.
Changes to the Website's terms of use – Finning may suspend, withdraw, discontinue or change all or any part of our Website without notice. These terms of use may be changed by Finning from time to time in Finning's sole discretion and without any prior notice or liability to you or any other person. New versions of these terms of use will be posted here. Your continued use of the Website subsequent to any changes to these terms of use will signify that you consent to the changed terms of use. Accordingly, when you use the Website you should check the date of these terms of use and review any changes since the last version. You should also bookmark this page and periodically review these terms of use to ensure that you are familiar with the most current version.
Copyright Information
Unless stated otherwise, Finning is the owner or the licensee of all intellectual property rights related directly or indirectly to the Website, including but not limited to copyrights, in any text, logos, graphics or other images or materials published on the Website and all such rights are reserved. Finning authorizes you to electronically copy documents published on the Website solely for the purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter any files in this Website for rebroadcast or hide the ownership and authorship of the information without advance written permission from Finning. Except as expressly provided in this paragraph, nothing contained in this document shall be construed as conferring any license or right under any Finning intellectual property rights, including but not limited to copyright, patent and trademark.
Cat and Caterpillar are registered trademarks of Caterpillar Inc., 100 N.E. Adams, Peoria IL 61629.
Disclaimer
Finning provides this Website and the information available through this Website free of charge as a convenience for its customers and others. Finning, its employees, contractors, and agents, and their respective service providers, make no express or implied representation, warranty or condition of title, non-infringement, merchantability, fitness for a particular purpose, performance or durability; or that the information available through this Website will be accurate, complete, or timely, and disclaim all such representations, warranties and conditions to the fullest extent permitted by law. Finning, its employees, contractors, and agents, and their respective service providers, will not be liable to you or any other person for any loss or damage directly or indirectly, foreseen or unforeseen, arising from, connected with, or relating to your access to or use of this Website or the information available through this Website, or by any unreliability or malfunction of the Website, regardless of cause or origination of the damage or loss.
Applicable Law
If you are accessing this Website from the United Kingdom and you are:
- a consumer, please note that this document, its subject matter and its formation, are governed by English law. You and Finning both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
- a business, this document, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You and Finning both agree to the exclusive jurisdiction of the courts of England and Wales.
If you are accessing this Website from the Republic of Ireland and you are:
- a consumer, please note that this document, its subject matter and its formation, are governed by English law. You and Finning both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Republic of Ireland you may also bring proceedings in Republic of Ireland.
- a business, this document, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You and Finning both agree to the exclusive jurisdiction of the courts of England and Wales.
If you are accessing this Website from Chile:
- this document, its subject matter and its formation, are governed by Chilean law. Finning Chile S.A. shall have the sole prerogative to determine whether any doubt, difficulty, conflict or other issue arising in connection with your access to and use of this Website, whether arising during the term of your access to the Website or after, or in relation to this document, including its application, interpretation, execution, validity, nullity or any other issue related to this document, is to be resolved by an arbitrator or by a court of law.
- in the case of arbitration:
- the proceedings shall be precisely and necessarily solved by an arbitrator who shall act not as in a trial, as promptly and briefly as possible, according to the Rules of the Center of Arbitration (“Reglamento del Centro de Arbitraje”) of the Chamber of Commerce of Santiago: (“Cámara de Comercio A.G.”), which are deemed to be known and accepted by the user of the Website;
- the parties shall appoint the arbitrator by their common consent from among the members of the arbitrage board of the Arbitration Center of the Chamber of Commerce in Santiago A.G. and if no agreement is reached, the parties grant a special and irrevocable power of attorney to said Chamber so that, upon request of any party, such Chamber shall appoint an arbitrator from among the members of said Center;
- the resolutions of the arbitrator shall be final and binding, no party may seek any remedies against such resolutions and the parties expressly waive all other remedies; and
- the arbitrator is specially empowered to resolve all matters related to the arbitrator’s jurisdiction.
If you are accessing this Website from Argentina:
- this document, its subject matter and its formation, are governed by Argentinian law. Finning Argentina S.A. shall have the sole prerogative to determine whether any doubt, difficulty, conflict or other issue arising in connection with your access to and use of this Website, whether arising during the term of your access to the Website or after, or in relation to this document, including its application, interpretation, execution, validity, nullity or any other issue related to this document, is to be resolved by an arbitrator or by a court of law.
- in case of arbitration, the arbitration shall take place at the Autonomous City of Buenos Aires. Prior to any arbitration proceedings, the parties through their legal advisors shall exhaust all negotiations, agreeing explicitly to carry forward an initial mediation process for 20 days, according to the Rules of Procedure and Ethics Code of the Corporate Center of Mediation and Arbitration (“Reglas de Procedimiento y Código de Ética del Centro Empresarial de Mediación y Arbitraje”). The mediator must be a professional from the list made by such organization. If the parties do not agree in the designation of the mediator, a draw must be performed to designate one mediator from the list. The mediation shall take place in the Autonomous City of Buenos Aires.
If you are accessing this Website from Bolivia:
- this document, its subject matter and its formation, are governed by Bolivian law. Finning Bolivia S.A. shall have the sole prerogative to determine whether any doubt, difficulty, conflict or other issue arising in connection with your access to and use of this Website, whether arising during the term of your access to the Website or after, or in relation to this document, including its application, interpretation, execution, validity, nullity or any other issue related to this document is to be resolved by an arbitrator or by a court of law.
- in case of arbitration, the matter shall be solved definitely by arbitration according to the rules of the Center of Arbitration and Conciliation of the Chamber of Industry, Commerce, Services and Tourism of Santa Cruz de la Sierra (“Centro de Arbitraje y Conciliación de la Cámara de Industria Comercio Servicios y Turismo, laudo de Santa Cruz de la Sierra”), which are deemed to be known and accepted by the user of the Website. The arbitration shall be performed by a sole arbitrator, who must designated by the parties within 5 days of notice of arbitration; otherwise, the procedure shall carry on pursuant to and under the Center’s rules. The parties explicitly declare their commitment to comply with and be bound by the arbitral award.
If you are accessing this Website from Canada:
- this document, its subject matter and formation, are governed by the laws of the province of British Columbia, without reference to conflict of laws principles, unless the applicable laws of your province or territory of residence require that the laws of such province or territory govern, in which case, the laws of such province or territory are to govern. The exclusive jurisdiction for any claim, action or dispute with us will be in the courts of the province of British Columbia unless required otherwise by applicable laws of your province or territory of residence. If any provision or part of a provision of this document is determined to be unenforceable by reason of applicable laws, it shall be severed from the rest of the terms, which will continue to apply.