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AGREEMENT ON CANON B2B PORTAL
TERMS AND CONDITIONS
ATTENTION: PLEASE READ THIS DOCUMENT BEFORE ACCESSING CANON B2B PORTAL. By accessing the web site you agree to be bound by the following terms and conditions.By accepting the Terms and Conditions you, the user of this service, confirm that you are authorised to act on behalf of the company, to which this service is provided, in particular that you are authorised to accept the following terms and conditions and to place orders.
Canon Denmark, the company existing under the laws of Finland (“We, Us, Our”) provides the B2B Portal (“Service”) Canon eShop to you, ____________________________________ the company existing under the laws of ___________________ (“You, Your”) at no extra cost. You will be able order Canon products on the basis of the existing contract with Us and also to obtain additional information as available from time to time (such as order tracking).
1. Acceptance of Terms and Conditions
We provide this Service to You on the basis of following terms and conditions which govern the provision & use of the web site (“Terms and Conditions”), which You agree may be amended and updated by Us from time to time by posting the new Terms and Conditions on the URL address www.b2b.canon-europa.com . You agree that the terms and conditions set out in the existing contract between Us and You relating to the sale & purchase of products and services (“Contract”) continue to apply in addition to these Terms and Conditions. In case of any conflict the Terms and Conditions shall take precedence. In particular if the Contract specifies any particular ordering process this is waived by You. You acknowledge that this Service is limited to the facilitation of the Contract, as amended by You and Us in writing from time to time. These Terms & Conditions will prevail to the extent of any inconsistency with the Contract. By accepting these Terms and Conditions, You understand and agree that in this Business to Business relationship users are placing orders on Your behalf and that the users are accepting these Terms and Conditions on Your behalf. You agree that in this Business to Business relationship the e-commerce Directive, the Distance Selling Directive and the national implementations of those Directives shall not apply.
You have nominated (in cooperation with Us on the basis of the Contract) a person, who will be the first person accessing the Service for You (“Super-user”). The Super-user who accepts these Terms and Conditions on Your behalf confirms by accepting these Terms and Conditions that they are authorised to do so.
2. Use of the Service and Contract Formation
We provide this Service to You on an “AS IS” basis, which means that We accept no responsibility for delays in delivery of products (“Products”) which is due to the Service or any failure to store or transmit any data, information or representations. No order (“Order”) for Products is accepted until it is accepted by Us by e-mail or otherwise in writing or by delivery of the products, whichever is earlier.
After submission You can only cancel any Order by agreeing the cancellation with Us or as otherwise agreed in the Contract.
We believe that Our system is reasonably secure and We have various security procedures to protect the system. However You acknowledge and agree that the Internet and e-mail are not secure and that any information You submit to the web site is not confidential or otherwise commercially sensitive.
The Super-user has the right to create new user-ids for Your other employees who can place orders on Your behalf. You confirm that the Super-User and any other user is authorised to act on your behalf.
3. Data protection
Your Service account has been created using data You have already provided to us under the Contract. The information we hold will be used for the purpose of providing the Service to You.
We are committed to protecting Your privacy. Your personal data is held on secure computer and manual files and shall not be processed for any other purpose than those set out herein or as otherwise agreed. The server We use to store this information is accessible to authorised staff only, is further connected to the Internet through a firewall and is therefore not accessible to the public.
Small pieces of information known as cookies may be installed on Your computer.
You have the right to access, correct, update, or delete Your data. Requests to be provided with a copy of the personal data held about You should be made to: Canon Denmark, Mr Lasse Fagerström. P.O.Box 80, 00381 Helsinki, Finland. Email lasse.fagerstrom@canon.fi.
4. Your Service account
On registering with the Service the customer company will be provided with one super-user id and password. This super user will accept these Terms and Conditions on Your behalf. The super user can then create other user accounts.
You are responsible for maintaining the correct use and confidentiality of Your password and Service account and for creating and maintaining the other user accounts, and You are fully responsible for all activities that occur with the use of Your Service account. You agree to (a) immediately notify Us of any unauthorised use of a password or Service account or any other breach of security, and (b) ensure that You completely exit from Your Service account at the end of each session. Under no circumstances will We be liable for any loss or damage arising from Your failure to comply with this Section 4. For the avoidance of doubt You agree that You will be liable even if you notified Us immediately.
5. Content of information submitted by You
You certify that any and all information provided to Us as part of this Service is true and complete. We do not desire to receive any confidential or proprietary information or item from any user under this Service. You agree that, any information or item disclosed or furnished by You to Us using this Service is not subject to any confidentiality obligation, restriction on use or other restrictions and that We may freely use such information or item.
6. Indemnity
You agree to indemnify Us and hold Us harmless, and Our subsidiaries, affiliates, officers, agents, business partners, employees, successors or assigns from any claim or action, brought by any You or any third party (including reasonable lawyer's fees), due to or arising out of or in any way connected with the information You submit to the Service, Your use or misuse of this web site, the Service, or Your Service account, Your breach of these Terms and Conditions, or Your infringement of any third party’s rights.
7. Changes to and Termination of Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to You. You agree that We, in Our sole discretion, may terminate the use of Your password, Your Service account (or any part thereof) or Your use of the Service, and remove, alter or delete any information sent, stored or accessible from Your Service account for any reason. You agree that We shall not be liable to You whatsoever, for any loss or damage You may suffer due to any delay, modification, suspension, termination or discontinuance of the Service.
8. Links to other web sites
We do not endorse and are not responsible for any third party web sites accessible by You via links on this web site. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss in connection with Your use of or reliance upon any content, goods or services available on or through any third party web site, whatsoever.
9. Disclaimer of any warranty
We hereby exclude all conditions, warranties, representations or other terms concerning the supply or purported supply of, failure to supply or delay in supplying the Service or that this web site is accurate, complete or up-to-date, which might but for this Section 9 have effect between Us and You, or would otherwise be implied into or incorporated into these Terms and Conditions or any collateral contract, whether by statute, common law or otherwise. You understand and agree that You are using this web site and the Service at Your sole risk and that We do not warrant that this web site or the Service will meet Your requirements or that this web site or the Service will be uninterrupted, error free or secure. Any service provided via this web site by Us is done so on an “AS IS” and on an “AS AVAILABLE” basis and We make no representations or endorsement of any kind, whether express or implied, with respect to this web site for the information content, materials, or services included on this site or for the performance of the Service We reserve the right at its sole discretion, to amend or withdraw any goods or services offered on this web site.
10. Liability
10.1 Nothing in this Agreement shall operate to exclude or limit either party's liability for death or personal injury caused by its negligence or for any other liability caused intentionally or by gross negligence, or which cannot be otherwise excluded or limited under applicable law.
10.2 Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
10.3 Subject to Clause 10.1, otherwise Our liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract shall in no circumstances exceed 15 % of the amount payable by You to Us under the relevant Order under which the liability arises. The limitation of liability under this paragraph has effect in relation both to any liability expressly provided for under these Terms and Conditions and to any liability arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions.
11. Trademark
Any Trademarks used regarding this Service are trademarks of Us or other Canon entities. We and any other Canon entity reserve the right to use and/or register any words, names or designs used as part of this Service.
You shall not display or use in any manner the trademarks without prior written permission. All other brand and product names found on this web site are considered trademarks or registered trademarks of their respective companies.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by You or licensed to You onto materials and merchandise to be printed via the Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos.
12. Miscellaneous
These Terms and Conditions constitute the entire agreement and understanding between You and Us and govern Your use of this web site or the Service, superseding any and all prior agreements, arrangements and/or understandings between You and Us (whether written or oral), regarding Our obligations and liabilities in respect of the provision or purported provision of, the failure to provide or any delay in providing, the Service.
The construction, validity and performance of these Terms and Conditions shall be governed by Finnish law. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator. The place of arbitration shall be Helsinki.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision and shall in no way effect its right to later enforce or exercise it.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that it shall not effect the validity or enforceability of any other terms or rights which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.
The headings of provisions in this Agreement are included for reference only, and shall not affect the interpretation of this Agreement.
13. Infringement of these Terms and Conditions
Please notify Us immediately of any infringement of these Terms and Conditions.
14. Complaints
Should You have any complaints or queries relating to the operation of this web site please contact Canon Denmark
Copyright © 2002 by Canon. All rights reserved.
It is strictly prohibited to copy, redistribute or republish any materials or software contained on the B2b Portal web site without the consent of Canon.
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