- 1.2 In the case of web offers directed at companies or public bodies, the respective company or body is represented by the user and must accept responsibility for its actions and knowledge.
- 2.1 James Hardie Europe GmbH makes available on the James Hardie Europe GmbH Web Site specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
- 2.2 James Hardie Europe GmbH may stop the operation of the James Hardie Europe GmbH Web Site in whole or in part at any time. Due to the nature of the Internet and computer systems, James Hardie Europe GmbH cannot accept any liability for the uninterrupted availability of the James Hardie Europe GmbH website.
3 Registration, Password
- 3.1 Some pages of the James Hardie Europe GmbH Web Site may be password protected. In the interest of the security of business transactions, access to these pages is only possible for registered users. There is no entitlement to registration by James Hardie Europe GmbH. In particular, James Hardie Europe GmbH reserves the right to make websites that were previously freely accessible subject to registration. James Hardie Europe GmbH is entitled to revoke the access authorization at any time by blocking the access data without stating reasons, in particular
- 3.1.1 if the user has provided false information for registration purposes;
- 3.1.2 has violated these Terms and Conditions or his duty of care in handling the Access Data,
- 3.1.3 has violated any applicable law in the access to or use of the James Hardie Europe GmbH Web Site; or
- 3.1.4 has not used the James Hardie Europe GmbH Web Site for a longer period.
- 3.2 If registration is required, the User shall provide accurate information for registration purposes and shall notify James Hardie Europe GmbH thereof without undue delay (to the extent possible: online) of any subsequent changes. The user shall ensure that he/she receives the emails sent to the email address provided by him/her.
- 3.3 After registration, the user will receive a user name and password (hereinafter also referred to as "user data"). On first access the User shall change the password received from James Hardie Europe GmbH into a password known only to the User. The User Data enables the User to view and change his or her data and, where applicable, to revoke or extend consents given for data processing.
- 3.4 The user shall ensure that the user data is not accessible to third parties and shall be liable for all orders placed and other activities carried out under the user data. After each use, the password-protected area must be exited. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify James Hardie Europe GmbH thereof without undue delay in writing, or, as the case may be, by e-mail.
- 3.5 Upon receipt of the notice under paragraph 3.4, James Hardie Europe GmbH will deny access to the password-protected area under such user data. The block may only be lifted following a separate application by the user to James Hardie Europe GmbH or following a new registration.
- 3.6 The user may at any time request in writing that his or her registration be deleted, provided that such deletion does not conflict with the performance of ongoing contractual relationships. In this case, James Hardie Europe GmbH will delete all user data and all other stored personal data of the user as soon as these are no longer required.
4 Rights of Use to Information, Software and Documentation
- 4.2 James Hardie Europe GmbH grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the James Hardie Europe GmbH Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by James Hardie Europe GmbH in making same available.
- 4.3 Software shall be provided free of charge in machine-readable form. There shall be no claim to the surrender of the source code. This shall not apply to source codes of open source software whose licence provisions, which take precedence over these Terms and Conditions in the event of the transfer of open source software, prescribe the surrender of the source code. In this case, James Hardie Europe GmbH shall make the source code available against reimbursement of costs.
- 4.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties and other intellectual property laws and agreements. The User shall observe such rights, and in particular shall not remove any alphanumeric code, marks or copyright notices from the Information, the Software or the Documentation or any copies thereof.
- 4.6 Sections 69a et seq. of the German Copyright Act (Urheberrechtsgesetz) or comparable provisions which apply on the basis of the respective applicable copyright law shall remain unaffected in all other respects.
5 Intellectual Property
- 5.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights.
- 5.3 Insofar as the user deposits ideas and suggestions on the James Hardie Europe GmbH Web pages, James Hardie Europe GmbH may use such ideas and suggestions, free of charge, for the development, improvement and sale of its products.
6 Duties of the User
- 6.1 In using the James Hardie Europe GmbH Web Site, the user shall not
- 6.1.1 offend common decency in its use of the James Hardie Europe GmbH Web Page;
- 6.1.2 infringe any industrial property rights, copyrights or other proprietary rights;
- 6.1.3 transmit contents containing viruses, so-called Trojan horses or other programming which may damage software;
- 6.1.4 enter, store or transmit hyperlinks or content to which he/she is not authorised, in particular if such hyperlinks or content violate confidentiality obligations or are illegal; or
- 6.1.5 distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like or solicit participation in lotteries, snowball systems, chain letters, pyramid schemes and similar campaigns.
The James Hardie Europe GmbH website may contain hyperlinks to third party websites. James Hardie Europe GmbH accepts no responsibility for the content of these websites, nor does James Hardie Europe GmbH adopt these websites and their content as its own, as James Hardie Europe GmbH does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.
8 Liability for Defects in Title and Quality
- 8.1 Insofar as information, software or documentation is made available free of charge, liability for defects in relation to quality and title of the information, software and documentation, in particular for the accuracy of the information, software and documentation, freedom from defects, absence of claims or third party rights, completeness and/or fitness for purpose, is excluded except in cases of wilful misconduct or fraudulent intent.
- 8.2 The information on the James Hardie Europe GmbH website is to be understood as exemplary and may contain specifications or general descriptions of technical possibilities of products which may not always be available in individual cases (e.g. due to product changes). Legally binding properties or performance characteristics of the products are therefore to be agreed exclusively with James Hardie Europe GmbH or its respective subsidiary when purchasing the respective product.
9 Other Liability, Malware
- 9.2 Compensation for damages due to breach of material contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence.
- 9.3 Although James Hardie Europe GmbH makes every endeavour to keep the James Hardie Europe GmbH website free from malware (e.g. viruses, Trojan horses, computer worms, spyware or similar software), neither James Hardie Europe GmbH nor its affiliates warrant that the James Hardie Europe GmbH website is free from such viruses, trojan horses, spyware or similar software. Before downloading any information, software or documentation, the User shall, for its own protection, as well as to prevent the spread of any malware on the James Hardie Europe GmbH Web Site, take the necessary steps to ensure appropriate security measures and virus scanners.
- 9.4 The provisions of paragraphs 9.1 and 9.2 above do not imply any shift in the burden of proof to the User's disadvantage.
10 Data Protection
11 Ancillary Agreements, Place of Jurisdiction, Applicable Law
- 11.1 Ancillary agreements must be in writing.
- 11.2 If the user is a merchant within the meaning of the German Commercial Code, the exclusive place of jurisdiction shall be Düsseldorf.
- 11.3 The individual pages of the James Hardie Europe GmbH Web Site are operated and administered by the James Hardie group of companies and/or its subsidiaries. The pages take into account the requirements of the respective country in which the responsible company has its registered office.
- 11.4 James Hardie Europe GmbH makes no representation that information, software and/or documentation on the James Hardie Europe GmbH Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access the James Hardie Europe GmbH Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws.
- 11.5 Access to James Hardie Europe GmbH Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where the User seeks to do business with James Hardie Europe GmbH, the User should contact the relevant subsidiary of James Hardie Europe GmbH in the relevant country or the James Hardie group of companies itself.
- 11.6 The use of the James Hardie Europe GmbH websites, including in the case of subsidiaries, shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods or other conflict of laws rules. This choice of law shall not apply if it could not be validly agreed under the applicable law. In this case, the law of the place where the respective subsidiary has its registered office shall apply.