Website and Digital Services Terms and Conditions
1.2 Rotork’s digital services include but are not limited to:
(a) our website - www.rotork.com (the "Website");
(b) our mobile app (the “Rotork Mobile App”); and
(c) our portals (for example the customer portal accessed via rotork.com)
(each a “Rotork Digital Service” and, collectively, the “Rotork Digital Services”).
2. Terms which may apply to use
2.5 Please note that the user is licensed to use the relevant Rotork Digital Services solely for the purposes identified by Rotork within the service or purpose for usage which has been notified to the user by Rotork on the relevant Digital Service platform and/or the relevant acceptable use policy applicable to that relevant Rotork Digital Service (“Acceptable Use Policy”).
2.76 For the avoidance of doubt the additional terms applicable to a user’s use of Rotork Digital Services will not provide a user with multiple avenues of remedy in the event of the same breach such that it would seek double or multiple recovery in respect of the same event or loss. Before anyone uses the Rotork Digital Services or any one of them, Rotork recommends that each user reads the Digital Services Privacy and Cookies Policy and any relevant Acceptable Use Policy which will help them better understand Rotork practices and requirements.
2.8 If a user uses Rotork Digital Services to purchase goods or services from Rotork or any of its affiliates, Rotork’s Terms and conditions of supply available at this link Sale of Goods by the Rotork Group will apply to such sales.
2.9 Please note that when users subscribe to Rotork’s regulatory news service the user’s entered data shall be used and processed by our third party supplier, Investis Digital, who have agreed to process such data in accordance with its legal requirements under GDPR. In the event that the user unsubscribes from the alerts, Investis Digital have a 90-day retention policy, according to which the inactive subscribers' data shall be deleted after 90 days from their deactivation.
3. Product Connected Services - interaction with Rotork products
3.1 By using certain Rotork’s Digital Services, the user may be able (depending on which Rotork Digital Services are being used and the service-specific Acceptable Use Policy terms applicable to them) to:
(a) read, change and write back parameters of supported Rotork-supplied products, such as actuators. This may enable configuration, commissioning and certain controls of parameters and mechanisms undertaken by actuators; and/or
(b) extract the relevant product (such as an actuator)’s data logs and export them, download them and/or send such data logs to Rotork’s cloud-based intelligent asset management (iAM) system, whether via the Rotork Mobile App or Website.
3.2 In addition to specific instructions applicable to the particular Rotork Digital Service set out in the relevant Acceptable Use Policy and the terms applicable to any products with which the Rotork Digital Services are to interact or connect, the following safety and warning instructions generally refer to software and applications provided by Rotork as Rotork Digital Services which are suitable for interacting with, connecting to and operating certain components; activities of and changing setting parameters of appropriate and relevant Rotork products which have been deemed by Rotork to be suitable for such connection and interaction (“Rotork Product”) . Such Rotork Digital Services which interact with, connect to and/or which may operate or change Rotork Product operational values or functions shall be known as “Product Connected Services”. An example of a Product Connected Service would be a Rotork Digital Service such as the Rotork Mobile App which enables a user to turn on or off of a Rotork-supplied actuator which has been deemed appropriate by Rotork for operation through the relevant Product Connected Service(s) (a Rotork Product).
3.3 Suitability of Product and System used
CAUTION: COMMISSIONING, OPERATION OR MAINTENANCE OF ROTORK PRODUCTS USING PRODUCT CONNECTED SERVICES MUST BE CARRIED OUT USING ROTORK-SUPPLIED PRODUCTS WHICH HAVE BEEN DEEMED APPROPRIATE BY ROTORK FOR USE IN CONNECTION WITH THE PRODUCT CONNECTED SERVICE. ROTORK SHALL NOT BE HELD LIABLE FOR:
(A) USE OF A PRODUCT WITH PRODUCT CONNECTED SERVICES WHERE SUCH PRODUCT OR THE SYSTEM TO WHICH IT IS CONNECTED IS NOT DEEMED AND CERTIFIED BY ROTORK TO BE SUITABLE FOR INTERACTION WITH THE PRODUCT CONNECTED SERVICES; OR
(B) USE OF A PRODUCT OR SYSTEM WITH THE PRODUCT CONNECTED SERVICES WHERE THERE IS AN INHERENT DEFECT OR DAMAGE IN THE PRODUCT OR OVERARCHING SYSTEM TO WHICH IT IS CONNECTED; OR
(C) ISSUES RESULTING FROM PRODUCT CONNECTED SERVICES ON A PRODUCT WHICH IS CONNECTED TO A SYSTEM WHERE THERE ARE FAULTS, DEFECTS OR OTHER FAILURES OR IN RESPECT OF WHICH THERE HAVE BEEN FAILURES BY THE OPERATOR OR OWNER TO COMPLY WITH THE NECESSARY SYSTEM OR PRODUCT INSTRUCTIONS IN RELATION TO OPERATION AND MAINTENANCE.
3.4 Qualification of Users
CAUTION: COMMISSIONING, OPERATION OR MAINTENANCE OF ROTORK PRODUCTS USING PRODUCT CONNECTED SERVICES MUST BE CARRIED OUT ONLY BY SUITABLY QUALIFIED PERSONNEL, AUTHORISED BY THE ROTORK PRODUCT SYSTEM OWNER OR THEIR AUTHORISED CONTRACTOR OF THE ROTORK PRODUCT ONLY. ROTORK SHALL NOT BE HELD LIABLE FOR FAILURE OF ANY USER TO HAVE THE REQUISITE QUALIFICATIONS, EXPERIENCE AND/OR AUTHORISATION BY THE ROTORK PRODUCT SYSTEM OWNER.
3.5 User compliance with all relevant terms
(i) the applicable Product Connected Services;
(ii) the use, operation, maintenance and security of the relevant Rotork Product and the system and other components to which the relevant Rotork Product may be connected;
(iii) any additional services or platforms being utilised alongside such Product Connected Services
and, furthermore, shall
(iv) know and observe officially recognised rules and laws regarding occupational health and safety and good industry practice relating to the operation and maintenance of the overarching system and interconnecting components connected to the relevant Rotork Product.
(b) The product system owner, or where applicable, its appointed system operator shall remain responsible for ensuring that only authorised and qualified personnel (where required and relevant) have access to Rotork Products which are intended to be used with Product Connected Services and that only such authorised personnel are permitted to be users of Product Connected Services accordingly.
3.6 Safety instructions/warnings
(a) WARNING: Prior to first commissioning of the relevant Rotork Product and/or Product Connected Services, it is important to check that all Rotork Products and the systems to which they are connected (including the settings which they are calibrated to) effectively meet the specifications and settings required by the relevant Product Connected Services operations terms and/or Acceptable Use Policy. Incorrect settings might present a danger to or damage from or to the relevant Product Connected Services platform and/or the relevant system to which the Rotork Product is or has been connected. For example, damage may be caused to the relevant valve or the installation to which the Rotork Product is attached that the Product Connected Services are being used/ implemented to connect.
(b) WARNING: When using Rotork’s Digital Services:
Product Connected Services may enable the user to change or adjust certain parameters and operations of the relevant supported Rotork Product(s). In particular, this could include adjustments to certain values such as torque limits of a Rotork actuator or setting of valve-end positions. Issuing commands such as operation commands (operation in direction OPEN, operation in direction CLOSE) are commands which are considered to be “critical actions”.
After adjusting parameters and prior to issuing operation commands, it is particularly important that the user ensures that all Rotork Product and Product Connected Services settings are further checked to ensure they still meet the requirements of the relevant Rotork Product operational requirements and its application to the overall system and this is critically important in relation to critical actions as these may pose a greater risk of danger, damage or injury. Results of actions chosen to occur by a user to the relevant system at which the Rotork Product is installed shall not be the responsibility of Rotork.
Depending on the application/settings chosen, an incorrect or unsafe parameter setting may result in hazards arising from the relevant product system causing damage to either the valve, the installation to which it is connected or injury to persons. To the extent which it is able to limit it by law, Rotork accepts no responsibility for any damage or injury caused by such actions taken by, or failures to check settings by, the relevant user. Rotork shall not be responsible for any harm or damage caused by the actions or operations chosen to be undertaken by the user on the relevant Rotork Product and the equipment to which such Rotork Product is connected.
(c) Product and System safety: The User acknowledges and agrees that it is the user’s and/or the relevant system owner’s responsibility to implement and maintain adequate physical and technological security requirements in respect of the installation, commissioning, operation, use, maintenance, change of parameters, decommissioning and disassembly (where relevant) of the relent Rotork Product, the system to which the relevant Rotork Product may be connected or interact with and which may be connected to or impacted by the use of Product Connected Services, and the site at which the relevant system is located; including but not limited to measures in accordance with:
(i) any product instructions provided by the relevant manufacturer of the system products (including Rotork instructions in relation to the Rotork Product);
(ii) any security, health and safety requirements required by an insurer of the system(s), the Rotork Product or the site at which the Rotork Product is connected; and
(iii) good industry practice.
Such system owner and/or the relevant user shall therefore remain responsible and liable for any damage or injury caused by or to the relevant Rotork Product or entire system through the use of Product Connected Services as a result of any such act or omission.
4. User Account
4.2 Rotork reserves the right to deny activation for any user account without the need to provide a reason.
4.3 The user is obliged to enter the correct and complete personal and corporate data requested during registration of a user account. The user shall be responsible for ensuring that all data entered is kept up to date and accurate and shall update their details where their circumstances change.
4.4 Unless otherwise expressly represented to the user by Rotork users may only register one account in respect of a company customer. Rotork may permit multiple user accounts for a single company where its system allows but this shall be entirely at Rotork’s discretion.
4.5 In the event that a user forgets their account password, it may be possible to request a new password where Rotork has provided a “Forgot password?" function.
4.6 If the user chooses, or is provided with, a user identification code, password or any other piece of information as part of Rotork Digital Services security procedures, the user must treat such information as confidential and must not disclose it to any third party.
4.7 By using the Rotork Digital Services and/or setting up a user account, users agree to keep their user account password confidential and not to disclose their password to third parties (even on request) except and to the extent that the user is obliged to disclose such information by applicable law and must protect and prevent unauthorised access to the user account and must not transfer or share the user account with any third party.
4.8 Users must immediately notify Rotork in the event they become aware of any suspected or actual unauthorised use of the user’s account or breach of security. The user shall remain solely responsible for all activities which occur under its user account, whether or not the user authorised any particular activity and Rotork shall not be liable for any loss or damage to the user or any third party arising from such failure to comply with any of the foregoing obligations.
5. General user terms and conditions
5.2 Each user warrants that it shall not use the Rotork Digital Services or any one of them for personal reasons or use outside of the intended purpose of business with Rotork.
5.4 Where the user is using the Rotork Mobile App it is the user’s exclusive responsibility to keep the app updated so they’re always using the latest version. Rotork shall have no responsibility for any faults or issues caused where the relevant user is using an old, outdated version or model of the relevant Rotork Mobile App.
5.5 Users are solely responsible for securing and backing up content which they post or upload onto any relevant Rotork Digital Service platform or user account.
5.6 Rotork uses reasonable care to ensure that content on the Rotork Digital Services is appropriate and accurate. However, much content on Rotork Digital Services is provided for general information only and is not intended to amount to advice on which users should rely. Rotork does not make any representation or warranty, and accepts no liability in the event that the documentation and information accessible through Rotork’s Digital Services are not, current, accurate and/or complete. And the user acknowledges that the information on the Rotork Digital Service may contain a degree of error. The user is responsible for determining whether information supplied by Rotork or its third-party provider is sufficient for the user’s use and user shall use its own skill and judgment when relying upon the information. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Rotork Digital Services or the platforms on which they are accessed.
5.7 ALL INFORMATION, SERVICES OR SOFTWARE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND ROTORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, SATISFACTORY QUALITY, CONFORMITY WITH DESCRIPTION OR FITNESS FOR A PARTICULAR PURPOSE, AND ROTORK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE AND DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF A SERVICE, SERVICE LEVELS OR PERFORMANCE, OR ROTORK’S CONDUCT IN PROCURING, COMPILING AND INTERPRETING SERVICES.
5.8 Rotork may suspend, withdraw or restrict the availability of all or any part of the Rotork Digital Services for business and operational reasons and will try to give users reasonable notice of any suspension or withdrawal where reasonably practicable.
5.9 Where Rotork Digital Services or their platforms contain links to other sites and resources provided by third parties, such links are provided for user information only. Such links should not be interpreted as approval by Rotork of those linked websites or information a user may obtain from them. Rotork has no control over the contents of those sites or resources.
5.10 Rotork does not guarantee that its Rotork Digital Services or the platforms on which they are provided will be secure or free from bugs or viruses.
5.11 The user is responsible for configuring its information technology, computer programmes and platform to access Rotork Digital Services and must use its own (or its employer’s (as relevant) own virus protection software.
6. User conduct
6.1 Users must comply with the laws which apply to the user in the location from which the user is accessing the relevant Rotork Digital Service(s). If any laws applicable to the user restrict or prohibit the user from using any of the Rotork Digital Services, the user must comply with those legal restrictions or, if applicable, stop accessing and/or using the Rotork Digital Services.
6.2 The user must ensure that all information the user provides to Rotork on accessing and/or using the Rotork Digital Services (including in respect of signing up for a user account) is and shall remain true, accurate and complete at all times.
6.3 Some of the Rotork Digital Services may allow for information, data, software, sound, photographs, graphics, messages, videos, tags pr other materials or information to be sent, uploaded, communicated, transmitted or otherwise made available on or via the relevant Rotork Digital Service by the use by other users, for example, on a user message board (“Content”). In such an event, the user understands and agrees that all Content that the user may be sent when using the Rotork Digital Services, whether publicly posted or privately sent, is the sole responsibility of the relevant user/person that sent the Content. The user is entirely responsible for all Content that may be uploaded, communicated, transmitted or otherwise made available via the Rotork Digital Services. Any Content posted by other users or third parties has not been verified or approved by Rotork and any views expressed by other users on Rotork digital Services do not represent Rotork views or values.
(a) Disclosing sensitive personal information about others.
(b) Storing personal or sensitive information in breach of the Digital Services Privacy and Cookies Policy.
(c) Phishing or engaging in identity theft.
(d) Allowing or enabling its business or any third party to access the Rotork’s cloud or server in any way or enable or grant access to a third party attacker to access any relevant Rotork Product or Rotork’s cloud or server.
(e) Distributing computer viruses, worms, Trojan horses or other malicious code worms, logic bombs or other material that is malicious or technologically harmful.
(f) Promoting or facilitating prostitution or sex trafficking.
(g) Hosting ponzi or pyramid schemes or websites that engage in unlawful or deceptive marketing practices.
(h) Hosting, distributing or linking to child sexual abuse material (CSAM) or content that is harmful to minors and in respect of which Rotork, retains the right to suspend such material without notice and/or report to law enforcement or other appropriate authority where this is discovered.
(i) Hosting, distributing, uploading or linking to information, materials or otherwise which could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
(j) Distributing pornography or adult related content or offering any escort services.
6.5 Users shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Rotork Digital Services or any services provided via, or in relation to, the Rotork Digital Services. This includes using (or permitting, authorising or attempting the use of):
(a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
(b) Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
6.6 The provisions in this clause should be treated as an express reservation of Rotork’s rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790) s may be updated or amended from time to time.
6.7 This clause shall not apply insofar as (but only to the extent that) Rotork is unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
6.8 Users must not attempt to gain unauthorised access to Rotork Digital Services, the server on which the relevant Rotork Digital Services are stored or any server, computer or database connected to Rotork Digital Services and their platforms. Users must not attack Rotork Digital Services or their platforms via a denial-of-service attack or a distributed denial-of service attack or attempt to make any error corrections on the relevant database or platform. By breaching this provision, users may commit a criminal offence under the Computer Misuse Act 1990. Rotork will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing user identity to them. In the event of such a breach, such user’s right to use the relevant Rotork Digital Services will cease immediately.
6.9 Users may not share information shared by Rotork with third parties to support or facilitate the conversion of such Rotork-provided information to digital identifiers intended to support online advertising, targeting, marketing or related activities which would compete with similar services to the Rotork Digital Services or products and services accessible through the Rotork Digital Services.
6.10 The user agrees to share its usage metrics with Rotork including but not limited to increase in conversion rates, increase in number of leads, number of pages visited, and number of minutes on the website. This data may be used for purposes of product/service enhancement and/or to develop supporting materials. Rotork reserves the right to extend, improve or modify functions and services and features of any Rotork Digital Services at any time.
6.11 Rotork neither guarantees perfect function nor continuous availability and performance (24/7) of the provided information, the Rotork Digital Services or its services and shall not be held responsible for any failures or technical malfunctions.
7. Breach and Liability
7.2 Rotork will not be held liable for any damages that may occur to a user or users as a result of their misuse of the Rotork Digital Services.
7.5 Rotork does not exclude or limit in any way our liability to the user where it would be unlawful to do so. This includes liability for death or personal injury caused by Rotork’s negligence or the negligence of Rotork employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
7.6 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in Rotork’s terms and conditions of supply found here: Rotork: Sale of Goods by the Rotork Group.
7.7 On the understanding that the user is a business:
(a) Rotork excludes all implied conditions, warranties, representations or other terms that may apply to the Rotork Digital Services or any content on it.
(b) Rotork will not be liable to users for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of, or inability to use, Rotork Digital Services; or
(ii) use of or reliance on any content displayed on or through Rotork Digital Services platforms.
7.8 In particular, Rotork will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
8. Ownership and Intellectual Property
8.1 All trademarks and design elements used on Rotork Digital Services and the data gathered from Rotork Products, including any Rotork-supplied actuators, whether through the Rotork Digital Services or otherwise shall be and shall remain the intellectual property of Rotork or its licensed suppliers and in no event shall any use by the user of the Rotork Digital Services be construed to be a change or assignment in ownership of any such intellectual property rights. For the avoidance of doubt, this limit includes but is not restricted to Rotork trademarks, illustrations, name plates, company logos and emblems and goodwill. Reproduction or use (or of parts thereof) of any Rotork intellectual property rights in the Rotork or any of its affiliates’ name, brand or illustrations, nameplates etc in any form is only permitted with the prior written consent of Rotork and may be subject to an additional licence charge. Copyright protected brand marks or trademarks of third parties are subject to the provisions of the applicable trademark regulations and the ownership rights and licence terms of the respective registered owners.
8.2 The material and documents posted on the Rotork Digital Services are protected by copyright laws and treaties around the world and all such rights are reserved.
8.3 In relation to information and documents available on the Website, the user may print off one copy, and may download extracts, of any page(s) from the Website for business use and may draw the attention of others within the organisation to content posted on such Website.
8.4 Users must not modify the paper or digital copies of any materials printed off or downloaded from any Rotork Digital Services in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.5 Rotork’s status (and that of any identified contributors) as the authors of content on Rotork Digital Services platforms must always be acknowledged (except where the content is user-generated).
8.6 Users must not use any part of the content on the Rotork Digital Services platforms for commercial purposes (other than is agreed with the user and set out in our agreed purpose for use of such relevant Rotork Digital Services or otherwise set out in the applicable Acceptable Use Policy) without obtaining a licence to do so from Rotork or its licensors.
8.8 When a user uploads or posts content to any Rotork Digital Services public forums, the user grants Rotork the following rights in respect of to use of that content:
(a) a worldwide, non-exclusive, royalty-free, transferable and sub-licensable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Rotork Digital Service provided and, where applicable, across different media including to promote the Website or Rotork Digital Services, such licence expiring when the user deletes the content from the relevant Rotork Digital Service platform;
(b) a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes in accordance with the functionality of the Rotork Digital Services, such licence expiring when the user deletes the content from the Rotork Digital Services.
8.9 When a user uploads or posts content to our Rotork Digital Services which is not publicly accessible, the user grants Rotork the following rights to use that content: a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content to the extent required to provide the Rotork Digital Service to be provided and for the purposes of product/service enhancement and/or to develop supporting materials in accordance with clause 6.10 above.
9.2 Where applicable, data received from User will be processed in accordance with the Digital Services Privacy and Cookies Policy, which is incorporated herein.
9.4 If you wish to complain or contact Rotork about any content on the Rotork Digital Services, please contact us at email@example.com.