End-User Licence Agreement
1. INFORMATION ABOUT US. We are Akzo Nobel Hilden GmbH with our registered office at Düsseldorfer Straße 96-100, 40721 Hilden, Germany, registered in Köln under the company number HRB 31520 (“We”, “Us”, “Our”).
2. SCOPE.
2.1. These terms of Use (“Terms”) apply to the Website. The Website is intended to professional customers of us only, excluding consumers.
2.2. You must have reached the age of legal majority in your country of residence to use our Website; by using our Website, you warrant and represent to us that you have reached the age of legal majority in your country of residence.
2.3. By using our Website, you confirm that you have read, understood and agreed to these Terms. If you do not agree to these terms, please do not use the Website. We may change these Terms from time to time and you confirm you agree to these changes if you continue using the Website. Please make sure to regularly return to these Terms to review their most current version.
2.4. Please pay special attention to the sentences in CAPITAL LETTERS in these Terms as these sentences limit our liability towards you.
3. SUBJECT MATTER. You need from time to time to refill Packaging with Products. Our Website enables you to select and print out Labels to be sticked on new Packaging. The features available on this Website are provided to you for free and we will never pay the costs (including but not limited to ink, maintenance and repair cost of printer) in relation to the Label printing.
4. DEFINITION. Unless the context states otherwise, the terms set out below have the meaning as follows:
“Designated Territory” means a country in which you will sell a Packaging refilled.
“Label” means a label printed out thanks to our Website and that provides the health and safety-related information in relation to a Product.
“Language” means a language in which the Label will be printed out.
“Packaging” means a container containing the Product.
“Personal Data” means any personal data that we collect about you when you accept that we place cookies onto you electronic device and you create an account.
“Product” means any wood coatings product purchased from us which will be placed in a new Packaging.
“Website” means the website https://woodlabel.akzonobel.com.
5. REGISTRATION PROCESS. Before using the Website, you are required to register and create an account. The registration process is as follows:
5.1. You are required to fill in all mandatory fields. Below you will find a list of mandatory fields and helpful information in relation to those fields.
5.1.1. Name. Please use the name of the legal entity that sells Products if you are registering as a company. This name will appear on the printed Label.
5.1.2. Email address. This email address will be used by us to contact you. It is therefore very important that you ensure it is correct before finalizing the registration.
5.1.3. Password and Password confirmation. You are requested to create a password. This password is confidential and it is your responsibility to ensure that you do not make it accessible to anyone else.
5.1.4. Address. Please use your professional address.
5.1.5. Display language. The display language is the language of the Website.
5.1.6. Print language. The print language is the Language in which the Labels will be printed out. You can select several Languages.
5.2. You also have the possibility to drop or upload your logo. This logo will be included in the Labels to be printed out. Please be aware that the logo might be covered by intellectual property rights owned by third party. Therefore, please make sure that you are allowed to display the logo on the Label. WE ACCEPT NO LIABILITY WHATSOEVER IN THE EVENT THAT A THIRD PARTY CLAIMS OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS IN RELATION TO THE LOGO. YOU HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, DAMAGES AND EXPENSES RELATING TO ANY BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS IN RELATION TO THE LOGO. Please also note that the Label printing has been optimised to only use black ink. Adding your logo to your profile might increase the printing cost per Label due to the inclusion of colored ink.
5.3. After having checked that all fields are accurately filled in, you will be required to tick a box whereby you confirm acceptance of these Terms.
5.4. After you applied for registration, you will receive an email at the email address you entered during the registration process. You will be asked to click on a link to confirm your email address.
5.5. We will receive a notification of registration after you confirmed you email address as mentioned in clause 5.4 above. Your registration will be carefully considered and we will do our best to get back to you as soon as possible. However please note that WE RESERVE THE RIGHT TO REFUSE YOUR REGISTRATION AT OUR OWN DISCRETION WITHOUT INCURRING ANY LIABILITY WHATSOEVER.
5.6. Whether we accept or refuse your application for the creation of an account, you will be notified of our decision per email. If the email address you entered during the registration process is not correct, you will not receive the notification and will have to register again.
6. WHAT ARE YOU NOT ALLOWED TO DO? You are not allowed to:
6.1. print out Labels that are not intended to be sticked on Packaging which contain Products purchased from us;
6.2. use Labels on packaging which does not contain Products;
6.3. use unsuitable Packaging which do not meet the specifics of the Products to be repackaged;
6.4. give or sell Labels you printed out to third party; and
6.5. use the open fields (notably but not exclusively “Color name”, “Color code” and “EAB” in the tab “Print labels”) to insert information which is not correct, misleading or that infringes on third party intellectual property rights.
If you decide to ignore the terms of this clause 6, WE ACCEPT NO LIABILITY WHATSOEVER IN RELATION TO IT AND YOU HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, DAMAGES AND EXPENSES RELATING TO ANY BREACH OF THIS CLAUSE 6.
7. WHAT DO WE GUARANTEE? We guarantee that:
7.1. Labels will conform to the latest version of the published safety data sheets for a relevant Product; and,
7.2. Labels will contain all information that is required by law in the Designated Territory.
8. WHAT WE DO NOT GUARANTEE? We do not guarantee that:
8.1. You will find on the Website all Labels in relation to Products in our portfolio. We will do our best to update the Website from time to time but WE ACCEPT NO LIABILITY WHATSOEVER IN RELATION TO THE ABSENCE OF EXHAUSTIVITY OF LABELS AVAILABLE ON OUR WEBSITE;
8.2. You will use the appropriate Packaging. It is therefore your obligation and responsibility to ensure that the Packaging you will use corresponds to the specific Product to be repackaged;
8.3. You will use the appropriate Label that corresponds to the Product contained in the Packaging. It is therefore your obligation and responsibility to ensure that you will use the appropriate Label that corresponds to the Product contained in the Packaging;
8.4. You will use the appropriate Language for the Designated Territory. It is therefore your obligation and responsibility to ensure that you will use the appropriate Language for the Designated Territory;
8.5. You will use the appropriate labels that will stick to the Packaging. It is therefore your obligation and responsibility to ensure that you will use the appropriate the appropriate labels that will stick to the Packaging.
WE ACCEPT NO LIABILITY WHATSOEVER IN RELATION TO YOUR OBLIGATIONS CONTAINED IN CLAUSES 8.2 TO 8.5 AND YOU HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, DAMAGES AND EXPENSES RELATING TO ANY BREACH OF YOUR OBLIGATIONS CONTAINED IN CLAUSES 8.2 TO 8.5.
9. INTELLECTUAL PROPERTY.
9.1 The Website (including but not limited to all its content) and all copyright, database rights, and other intellectual property rights related to it as well as the AkzoNobel name and AkzoNobel trademarks, logos, domain name and other distinctive brand features belong to AkzoNobel or its licensors.
9.2 Nothing in these Terms gives you a right to use the abovementioned intellectual property rights, in particular the AkzoNobel name or any of the AkzoNobel trademarks, logos, domain names, and other distinctive brand features except on Labels to be placed on Packaging.
9.3 You must always respect and observe the good name and reputation of AkzoNobel, and ensure that your use of the Website and in particular of the Labels on Packaging will in no way prejudice the good name and reputation of AkzoNobel.
10. LIMITED WARRANTIES. We do not warrant that the functions of the Website will meet any particular requirement or that its operation will be entirely error-free or uninterrupted or that all defects are capable of correction or improvement. EXCEPT AS SET OUT IN THESE TERMS, ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED BY (I) STATUTE, (II) COMMON LAW OR (III) OTHERWISE, IN RELATION TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS, WARRANTIES OR OTHER TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR THE USE OF REASONABLE SKILL AND CARE, ARE EXCLUDED. IN THE ABSENCE OF FRAUD, NO INFORMATION GIVEN BY US SHALL CREATE A WARRANTY OR GIVE RISE TO ANY OTHER LIABILITY OTHER THAN IS GIVEN IN THESE TERMS.
11. LIMITATION OF LIABILITY. In these Terms, we limit our liability towards you. It is therefore critical for you to read and understand these limitations of liability. That is why any limitation of liability contained in these Terms is highlighted in CAPITAL LETTERS. PLEASE BE INFORMED THAT NOTHING IN THESE TERMS WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, LIMIT ANY LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW, OR EXCLUDE ANY LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
12. CUSTOMER SERVICE. If any questions, please do not hesitate to send us an email at the address as follows: WoodLabelSupport@akzonobel.com.
13. PRIVACY.
13.1 We will only transfer your Personal Data to data processors to the extent necessary to open and administer your account. Your Personal Data will not be transferred outside the European Economic Area. We are not able to view your password.
13.2 You can always cancel your account by logging into your account and request the cancellation of your account.
13.3 We will retain your Personal Data for the term of your account. If you cancel it, we will not retain your Personal Data for a period longer than two years from the cancellation of your account.
13.4 Your Personal Data are treated strictly confidential and we have taken the appropriate technical and organisational security measures against loss or unlawful processing of your Personal Data. To this purpose we use several security techniques including secure servers, firewalls and encryption, as well as physical safeguard of the locations where your Personal Data are stored.
13.5 When we request a data processor to process your Personal Data in whole or part, we always enter into an agreement with it whereby it must comply with our instructions, maintain a strict confidentiality of your Personal Data and take appropriate security measures. We always reserve the right to perform audits in order to ensure that the Data Processor strictly comply with the terms and conditions of the above-mentioned agreement.
13.6 You have the right to access your Personal Data at any time and have these corrected or removed by sending a request to: Akzo Nobel Hilden GmbH, Düsseldorfer Straße 96-100, 40721 Hilden, Germany, WoodLabelSupport@akzonobel.com. In addition to the foregoing, you may correct some of your Personal Data by login to your account and changing the Personal Data which are not correct
14. COOKIE POLICY. A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the Website to "remember" your actions or preferences over time. During your visit, the cookie sends data to us. We will place cookies which are strictly necessary to offer the basic functionalities of the Website, to deliver the service you requested on the Website and to remember your cookie settings.
15. GOVERNING LAW AND JURISDICTION. These Terms are governed by and construed in accordance with the laws of Germany. To the maximum extent permitted by the applicable laws, any claim or dispute in relation to or in connection with these terms of use shall be submitted to the exclusive jurisdiction of the courts of Germany.