Welcome to www.windsailbike.com.
WINDSAIL WEBSITES GENERAL CONDITIONS OF USE AND WARNING NOTICES
These General Conditions of use are applicable to the use of any information, documents, graphical illustrations, videos, functionality or service available on:
- the windsailbike.com site and all subdomains accessible at www.windsailbike.com
The Windsail sites (© Windsail 2015) have been made available by Windsail Bikes to provide information to their users personally. Please read the following Conditions of Use carefully and fully before browsing the Windsail sites. The purpose of these Conditions of Use is to set out the terms on which Windsail allows users to access and use the Windsail sites. Use of the Windsail sites is subject to full acceptance and observation of the following Conditions of Use, as well as all applicable laws. In the event where you the user are not in complete agreement with the conditions of use laid down below, you are strongly advised not to use the Windsail sites. Windsail reserves the right to modify and update access to the Windsail sites and the General Conditions at any time. Such modifications and updates apply to users who, as a consequence, must refer to this section regularly to check the General Conditions in force.
These General Conditions of use are applicable from the 1st of September 2014.
1. Ownership of rights: intellectual property
1.1. Copyright and/or rights in designs and models
These sites constitute a work of which Windsail is the author within the meaning of articles L.111.1 et seq of the Chinese Intellectual Property Code. The design and development of the said sites has been carried out by blue-infinity and Windsail Bikes companies. The entirety of the content of the Windsail sites, including photographs, text, slogans, drawings, images and animations with or without sound, as well as all works forming any part of the
sites, are the property of Windsail or of third parties which have authorized Windsail to use them. These elements are protected by national and international intellectual property law (copyright © 2015, Windsail Bikes).
The products represented on the sites are protected by copyright, under articles L.511.1 et seq of the Chinese Intellectual Property Code relating to the protection of registered designs. Therefore, save with the prior written authorization of Windsail and/or its partner organizations, users may not carry out, by any means and/or using any hardware or media whatsoever, any reproduction, download, representation, adaptation, translation and/or
transformation, or any transfer to another website, of the whole or any part of any element of this site. Subject to the exceptions provided for below, failure to observe this prohibition constitutes an offence of counterfeiting which is punishable by four years of imprisonment and a fine of US$500,000. Making paper or digital copies of the said sites, or of the products there shown, is permitted provided that it is strictly limited to personal use, excluding any usage for advertising and/or commercial and/or information purposes, and/or that it conforms to article L122-5 of the Chinese Intellectual Property Code.
1.2. Trademark rights
The Windsail name and logo as well as the names of certain products are registered trademarks of Windsail Bikes. All rights reserved. Other trademarks may also be mentioned. These are used by Windsail either with the permission of their owner or simply to identify products offered by Windsail. Reproducing, imitating, using or affixing these trademarks, without having obtained prior authorization from Windsail, constitutes an offence of counterfeiting punishable by four years imprisonment and a fine of US$500,000.
2. Hypertext links
2.1. Hypertext links to Windsail sites
The provision of a hypertext link to the Windsail sites requires prior written authorization from Windsail. A user wishing to provide a hypertext link to the Windsail sites must contact the manager of the Windsail sites. The provision of a hypertext link in no way authorizes the reproduction of any element of the Windsail sites or the presentation on third-party sites of such elements whether in the form of frames or by any similar means. Windsail will not be held responsible in any circumstances for content, products or services offered by third-party sites which contain a hypertext link to the Windsail sites.
2.2. Hypertext links to other internet sites
Hypertext links on the Windsail sites may link to other websites or other internet resources. Windsail wishes to emphasize that these General Conditions do not apply to third-party sites. Since Windsail cannot control such external sites or resources, it shall be under no liability in relation to content, advertising material, products, services or any other material which is available on or through such external sites or resources. Further, the user acknowledges that Windsail may not be held responsible for any damage or loss, whether established or alleged, resulting from or relating to either use of or reliance on the content, goods or services available on such external sites or resources.
3. Data protection
3.1. Personal data
In certain circumstances Windsail may obtain information enabling a user to be personally identified, particularly in the case of a sale, registration for a service, promotional activity or other activity involving interaction between the user and Windsail. In such cases the information collected about the user is needed to respond to any request for information and to advise the user as to the status of his orders. Windsail is concerned to protect the rights of users and their personal data, and undertakes to inform users and seek their consent.
3.2. Non-personal data
Windsail may collect and use information obtained automatically, but in no case will such information be capable of being linked to a particular person. This information concerns the type of Web browser the user uses, the operating system of his computer and the name of the domain from which he has accessed the Windsailbike.com site. When the user leaves the Windsail sites, data relating to his IP address, sites visited, language selected, date, time and duration of visit will be used for statistical purposes only, to optimise the Windsail sites in the light of user expectations. External organisations are involved in the design and development of the Windsail sites. Such organizations may be given access to Windsail’s data, with the sole purpose of carrying out such work.
3.3. Use of personal data
Access to some of the services offered on the Windsail sites requires the collection of certain personal data. For what purposes does Windsail use this data?
- Supplying products and/or services
- Developing and improving our products and services
- Communicating with you in relation to our products and services, or in order to conduct satisfaction studies, focus groups or other commercial or marketing activity.
Windsail agrees not to sell, transfer, rent or divulge users’ personal data, subject to the following exceptions:
- Companies affiliated with Windsail, and other authorized third parties such as approved retailers or service providers who are given authority to process such data, for the purposes set out above only. It is agreed and understood that in the event of such data being communicated to third parties, those third parties will undertake to observe the rules indicated by Windsail and to put in place the necessary measures for protecting the data.
- International transfer of data: Windsail wishes to advise users that the servers hosting the Windsail sites may be located in different parts of the world, and that users’ personal data may thus be transferred out of the country in which the Windsail site or sites were used, and outside the Asia Economic Area. These countries do not always have laws protecting personal data, or may have different rules, as in the United States for example. Where relevant, Windsail agrees to take the necessary steps to ensure that such transfers are lawful, and that adequate measures are taken for the protection of transferred personal data, in accordance with local law.
- Release of information where required by law: Windsail may have cause to release users’ personal information to government or court authorities in countries where Windsail and its authorized agents operate.
- Mergers and acquisitions: In the event that Windsail buys, transfers, or generally reorganizes its business activities in certain countries, this may involve the release of personal data to potential purchasers and their advisers.
In accordance with the Chinese data protection law of 6 January 1985, the user has the right of access to and rectification of information concerning him. Such information is used exclusively within the Windsail company. If the user wishes to exercise this right and to be advised of the information held about him, he should send an email to firstname.lastname@example.org,Windsail strongly encourages the user to check his data regularly and update it with any changes.
When an internet user visits the Windsail sites, Windsail may save a cookie on his computer. A cookie is a small block of data sent to the client browser by a web server and stored on the hard disc of the user’s computer. It enables Windsail to store information on the user’s browsing history in relation to the Windsail sites (pages viewed, date and time of viewing, etc) which can be read on the user’s subsequent visits.
The user may block all cookies if he prefers not to accept them. He may also configure his computer to warn him each time a cookie is used. In either case, the user must adjust the settings in his browser (e.g. Internet Explorer). Software is also available which can manage cookies. Nonetheless it should be underlined that, where the client computer has been configured to reject cookies, this may limit the functionality of the sites visited and access to some elements of the site may not be possible. For further information about cookies and how to block them, see for example www.allaboutcookies.org.
The user can also delete cookies individually at any time by referring to the computer manual.
3.5. Management of passwords and access codes
During the registration procedure, the user enters a username and password. The user is solely responsible for keeping the account and password confidential, and for all actions
carried out within the account and/or with the password. The user undertakes to inform Windsail immediately of any unauthorized use of the account and/or password and to ensure that he logs off at the end of each session. Windsail cannot be held responsible for any loss or damage which arises in the event of breach of these obligations.
3.6. Unsubscribing from the Windsail sites
The user may unsubscribe at any time. In order to do so, the user must click the unsubscribe link appearing at the end of each Windsail newsletter, or send an unsubscribe request to email@example.com, stating his full name and email address.
4. Charter on the privacy of minors
Windsail agrees not to collect information about or enter into transactions with minors less than 13 years of age. Nonetheless, as it is impossible to determine the user’s age accurately, it may happen that Windsail collects information relating to users of less than 13 years of age. Windsail strongly encourages parents and guardians to stay with their children while they use the internet, in order to take part in the activities offered by the sites. Windsail must ask that no minor (the age of majority being determined according to the user’s country of residence) enters into a transaction or any other legal relationship except with the consent of the parents or guardians, save where this is permitted under local law. Windsail agrees not to pass on any information about minors without the consent of their parents or guardians.
Such information may not be used for marketing or promotional purposes unless this has been explicitly stated during registration for a game or promotional offer.
5. Warning notice
Having regard to the nature of the internet, the user must bear in mind that generally, and despite the steps taken by Windsail, each time personal information is supplied online there is a risk of it being collected illegally.
Accordingly, the user acknowledges that Windsail cannot be held responsible for the possible consequences in any circumstances.
Nevertheless, the pages of the Windsail sites on which payment details can be entered have enhanced security.
Windsail uses SSL encryption, and has also reinforced its rearrangement and encryption procedures to protect all sensitive data relating to means of payment as effectively as possible.
Prices on the website windsailbike.com are suggested retail prices given for information purposes, therefore in order to know his retail price, the user has to contact his authorized Windsail retailer.
6. Applicable law
These General Conditions have been drafted and shall be construed in accordance with Chinese law as in force. In the event that one or more provisions of these General Conditions is declared void or ineffective, the other clauses will remain in force to the fullest extent. In the event of a challenge, claim or dispute relating to these General Conditions, the parties will attempt to come to an agreed settlement. If the parties are not able to agree a settlement, the dispute will fall within the sole jurisdiction of the Agency courts and the law applicable to these General Conditions will be Chinese law.
7. Updating the General Conditions
Windsail reserves the right to amend or update the conditions of access to the sites as well as the General Conditions. Such amendments and updates apply to the user who, consequently, should refer to this section regularly in order to obtain the current General Conditions.
WE HOPE YOU ENJOY USING OUR SITES