Terms & Conditions
Scope of Application
The Customer Portal Terms of Use govern the access to and the use of the Customer Portal “Röhm Connect”. The Customer Portal is a cloud-based customer portal of the Business Unit Bulk Monomers of Röhm GmbH allowing users to access web-based information free of charge. We utilize the Customer Portal to inform, communicate and facilitate various business processes with business partners.
We distinguish between Permitted Users and Customers. A Permitted User is a natural person who receives access to a Customer Portal Account. A Customer is a Röhm business partner. The Customer Portal will only be made available to Customers, whereas Permitted Users are required to be authorized by a Customer to access the Customer Portal on the Customer’s behalf. Any Permitted User shall act for and on behalf of the Customer.
We may amend the Terms of Use from time to time without notice to the Permitted User by posting the amended Terms of Use on the Customer Portal.
The use of the Customer Portal shall be exclusively subject to the present Terms of Use. Any general terms and conditions of the customer shall not apply and are expressly excluded.
Registration, Verification of Customers and Permitted Users
Accounts of Customers are created for selected Customers of the Business Unit Bulk Monomers of Röhm GmbH. Each Customer nominates one Permitted User in an administrative function (“Administrator”) for the Customer Account. The Administrator is in particular responsible for the user management.
Access to the Customer Portal requires each Permitted User to register. By completing the registration form available of the landing page of the Customer Portal, a person (“Requestor”) can request access to the Account of a Customer on the Customer Portal. Access can only be granted with an official company e-mail address. If, after internal processing of the entered information, we are able to confirm that the Requestor is part of the Customer organization, Requestor shall be informed via e-mail that Permitted User status has been granted.
Permitted User can access the Customer Portal by entering the e-mail address used for registration and a onetime passcode sent to the mobile phone number used for registration.
The access to and the use of the Customer Portal shall be subject to the Terms of Use and the privacy policy applicable at the time of each registration.
Access to the Customer Portal shall be free of charge for each Permitted User.
Use of Customer Portal
We grant to each Permitted User a non-transferable, non-sublicensable, and revocable right to access and use the Customer Portal for internal purposes as an end-user, subject to the limitations as set forth in the Terms of Use.
We shall operate and provide Permitted User with access to the Customer Portal. We shall use commercially reasonable efforts to make the Customer Portal available to Permitted User subject to operational requirements including maintenance and security.
Customer is responsible for securing and maintaining an internet connection.
The following is available on the Customer Portal: Order Overview / History, Track and Trace integration, 24/ 7, availability, Full document download (product and order-related), Quick order and order function, Price approval, News & Updates about Röhm and the Methacrylate market.
Permitted User is able to submit binding order requests under Quick Order and Order Function.
By confirming the price made available each calendar month under Price Approval, Permitted User makes a binding declaration in the name and on behalf of the Customer. Permitted User thereby confirms to have the power of authority to represent Customer in price negotiations.
Obligations of the Permitted User
The Permitted User is responsible for all activities that occur with the registration information under the Account and any use of the Customer Portal.
The Permitted User shall ensure that all information provided through the Customer Portal to be current and correct for the entire duration of their use of the Customer Portal.
The Permitted User will receive a passcode for each login into the portal via their preferred method. The login and access codes shall not be disclosed to any other persons. Any unauthorized access must be reported directly to us.
The Permitted User shall undertake not to upload any illicit documents, viruses, trojans or other malicious code and not act in any way that could impair or disrupt the availability and functionality of the Customer Portal.
The Permitted User shall provide information or other materials that we reasonably request to verify Permitted User’s compliance with the Terms of Use. If the Permitted User becomes aware of circumstances or incidents affecting the security of the Customer Portal, the Permitted User shall immediately provide us with respective information and assistance regarding mitigation and solution.
Proprietary Rights
All rights, title, and interest in and to the Customer Portal, including any know-how, and all intellectual property rights in or to the foregoing shall remain wholly vested in us, and/or our licensors.
Suspension of the Customer Portal
We may suspend or limited the use of the Customer Portal if we reasonably determine that there is a material breach of Customer’s obligations or a security incident or threat to the security of the Customer Portal in connection with the Permitted User’s access to or use of the Customer Portal, if such suspension or limitation is required by Applicable Law.
Limitation of Liability, Time Limits:
We, our legal representatives, employees, and persons employed to perform our obligations shall only be liable for damages and claims for expenses of the Permitted Used, irrespective of the legal basis therefore, (i) in the event of intentional misconduct or gross negligence (grobe Fahrlässigkeit) on our part, the part of our legal representatives, employees or persons employed to perform our obligations, or (ii) if the breach of our contractual obligations violates the essence of the contract and the Permitted User relies, and is entitled to rely on the fulfillment of such obligations (essential obligations). In the event of slight negligence (einfache Fahrlässigkeit) in breach of essential obligations, our liability for damages shall be limited to the foreseeable damage typical for a contract of this nature.
The Permitted User’s right to claim for damages or expenses shall expire one (1) year from the commencement of the time limit stipulated by law.
The aforementioned exclusion and limitation of liability shall not apply in cases of damage to life, body or health, or mandatory liability under the Product Liability Act (ProdHaftG) or in other cases of mandatory liability.
Termination
There are no timely restrictions to the use of the Customer Portal. The Permitted User may delete the access to the Customer Portal at any time and therefore, terminate the license for the Customer Portal with immediate effect.
We may terminate the license for the Customer Portal without cause with thirty (30) days’ notice. We shall inform the Permitted User thereof by using the e-mail address specified in the registration information.. We will review the log ins to the Customer Portal once annually at the end of the year, and terminate access to the Customer Portal for Permitted Users which have not been used for one year.
We shall be entitled to terminate any license for the Customer Portal for cause with immediate effect and without notice, whereas a cause shall be constituted in case of prohibited content having been uploaded by a Permitted User or if a Permitted User is repeatedly or substantially in breach of these Terms of Use.
Upon termination of the license, the Permitted User's access to the Customer Portal and the data stored there will be terminated. Upon termination of the license, we shall be entitled to delete any remaining data, unless otherwise required by statutory retention obligations.
Confidentiality
The Permitted User shall treat Confidential Information disclosed by us as confidential, only use it in connection with the Customer Portal of or as otherwise permitted by the Terms of Use, and not disclose such Confidential Information to anyone except to those employees, Affiliates, business partners and advisors, and the respective employees of such Affiliates, business partners and advisors who are bound to appropriate confidentiality obligations and who need to know that information or who are otherwise permitted by the Terms of Use to use this information.
Confidential Information means any information disclosed by us our Affiliate to the Permitted User under or in connection with the use of the Customer Portal and which is, when disclosed, identified as “Confidential” or consists of information that, by its nature or context, is sufficient to put the Permitted User on notice of its confidential nature, including but not limited to the performance and availability of the Customer Portal, information regarding our business strategies and practices, methodologies, trade secrets, know-how, pricing, technology, software, application programming interfaces, application programming interface signatures, product plans, and information regarding our employees, clients, vendors, and consultants. Confidential Information does not include information that
1.4.1. is generally available to the public without any wrongdoing on Permitted User’s side;
1.4.2. is or becomes available to the Permitted User from a source other than the Party who discloses the Confidential Information, provided that the Permitted User has no reason to believe that such source is itself bound by a confidentiality obligation or that such source has obtained the information through any wrongful or tortious conduct;
1.4.3. was lawfully in the Permitted User's possession prior to receipt from the other Party without a corresponding obligation of confidentiality;
1.4.4. is independently developed by the Permitted User without the use of, or reference to, Confidential Information; or
1.4.5. has been released by us for non-confidential use.
Data Privacy
We provide the Customer Portal in accordance with the relevant provisions of applicable data protection laws. The current privacy policy, as amended, shall apply.
Place of Jurisdiction
The exclusive place of jurisdiction shall be our commercial domicile. If we take legal actions against Customer, we shall also have the option to institute legal proceedings at Customer's place of jurisdiction (allgemeiner Gerichtsstand).
Applicable Law
The contract and the legal relationship with Customer shall be governed by the substantive laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods shall not apply.
Severability
Should any of these Terms of Use be deemed wholly or partly invalid, this shall have no effect on the validity of the remaining terms.