- 1.2 In the case of web offers addressed to companies or public corporations, the respective company or corporation is represented by the user and must be attributed to his actions and knowledge.
- 2.1 James Hardie Europe GmbH provides on the James Hardie Europe GmbH website certain information and software, if necessary together with documentation, for retrieval or downloading.
- 2.2 James Hardie Europe GmbH is entitled to discontinue the operation of the James Hardie Europe GmbH website in whole or in part at any time. Due to the nature of the Internet and computer systems, James Hardie Europe GmbH does not assume 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 website may be password protected. In the interest of the security of business transactions, only registered users may access these pages. James Hardie Europe GmbH has no claim to registration. James Hardie Europe GmbH particularly reserves the right to subject previously freely accessible websites to registration. James Hardie Europe GmbH is entitled at any time to revoke the access authorization by blocking the access data without having to state reasons, in particular
- 3.1.1 if the user has provided false information for registration;
- 3.1.2 has violated these conditions or his/her duty of care in handling the access data,
- 3.1.3 violated any applicable laws when accessing or using the James Hardie Europe GmbH website or
- 3.1.4 did not use the James Hardie Europe GmbH website for a longer period of time.
- 3.2 If a registration is planned, the user is obliged to provide truthful information for the registration and to inform James Hardie Europe GmbH immediately (if planned: online) of any later changes. The user will ensure that he receives the emails that are 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 will change the password provided by James Hardie Europe GmbH into a password known only to him/her. The user data enable the user to view, change or, if necessary, revoke or extend his consent to data processing.
- 3.4 The user ensures that the user data is not accessible to third parties and is liable for all orders and other activities carried out under the user data. After each use, the password-protected area must be left. If the user becomes aware that third parties are misusing the user data, he/she is obliged to inform James Hardie Europe GmbH immediately in writing, if necessary in advance by e-mail.
- 3.5 After receipt of the notification according to clause 3.4, James Hardie Europe GmbH will block access to the password-protected area with this user data. The block can only be lifted after a separate application by the user to James Hardie Europe GmbH or after new registration.
- 3.6 The user can demand the deletion of his/her registration in writing at any time, provided that the deletion does not conflict with the processing of current contractual relationships. James Hardie Europe GmbH will delete in this case all user data and all other stored personal data of the user, as soon as these are no longer needed.
4. Rights of use to information, software and documentation
- 4.1 The use of the information, software and documentation made available on the James Hardie Europe GmbH website is subject to these terms and conditions or, in the case of updating information, software or documentation, to the relevant license terms previously agreed with James Hardie Europe GmbH. Separately agreed license conditions, e.g. when downloading software, take precedence over these conditions.
- 4.2 James Hardie Europe GmbH grants the user a non-exclusive and non-transferable right to use the information, software and documentation made available on the James Hardie Europe website to the extent agreed or, if nothing is agreed, to the extent of the purpose pursued by James Hardie Europe GmbH in making same available.
- 4.3 Software is provided free of charge in machine-readable form. There is no claim to the surrender of the source code. Excluded are source codes of open source software, whose license regulations, which have priority over these conditions when passing on open source software, prescribe the publication of the source code. In this case James Hardie Europe GmbH will make the source code available against reimbursement of costs.
- 4.5 The information, software and documentation are protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. The user shall observe these rights, in particular not to remove alphanumeric identifiers, trademarks or copyright notices from the information, software, documentation or copies thereof.
- 4.6 The provisions of §§ 69a et seq. of the German Copyright Act (Urheberrechtsgesetz) or similar provisions applicable under the applicable copyright law shall remain unaffected in all other respects.
5. Intellectual Property
- 5.2 Apart from the rights of use or other rights expressly granted herein, the user shall not be granted any further rights of any kind, in particular to the company name and to industrial property rights such as patents, utility models or trademarks, nor shall James Hardie Europe GmbH be subject to any corresponding obligation to grant such rights.
- 5.3 As far as the user deposits ideas and suggestions on the James Hardie Europe GmbH web pages, James Hardie Europe GmbH may use these free of charge for the development, improvement and distribution of the products from his portfolio.
6. Duties of the user
- 6.1 When using the James Hardie Europe GmbH website, the user must not
- 6.1.1 violates good morals with his/her usage behaviour;
- 6.1.2 violate industrial property rights and copyrights or other property rights;
- 6.1.3 transmit content containing viruses, so-called Trojan horses or other programs that may damage software;
- 6.1.4 enter, store or send hyperlinks or contents to which he/she is not entitled, in particular if these hyperlinks or contents violate confidentiality obligations or are illegal; or
- 6.1.5 disseminate advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like or request participation in competitions, snowball systems, chain letters, pyramid games and similar activities.
- 6.2 James Hardie Europe GmbH may deny access to the James Hardie Europe GmbH website at any time, in particular if the user violates his/her obligations under these terms and conditions.
The James Hardie Europe GmbH website may contain hyperlinks to third-party websites. James Hardie Europe GmbH does not assume any responsibility for the contents of such websites nor does James Hardie Europe GmbH make representations about or endorse such websites or their contents as its own, as James Hardie Europe GmbH does not control the information on such websites and is not responsible for the contents or information given thereon. Their use takes place at the user's own risk.
8. Liability for legal and material defects
- 8.1 Insofar as information, software or documentation are provided free of charge, liability for material defects and defects of title of the information, software and documentation, in particular for their correctness, freedom from errors, freedom from third-party industrial property rights and copyrights, completeness and/or usability - except in the case of intent or fraudulent intent - is excluded.
- 8.2 The information on the James Hardie Europe GmbH website is to be understood as an example 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 only to be agreed with James Hardie Europe GmbH or its respective subsidiary when purchasing the respective product.
9. Other Liability, Malware
- 9.2 However, damages for breach of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract, unless intent or gross negligence is involved.
- 9.3 Although James Hardie Europe GmbH always endeavours to keep the James Hardie Europe GmbH website free of malware (e.g. viruses, Trojans, computer worms, spyware or similar other software), neither James Hardie Europe GmbH nor its subsidiaries vouch for such freedom from malware and in particular assume no guarantee in this respect. Before downloading information, software and documentation, the user shall, for his own protection and to prevent the spread of malware on the James Hardie Europe GmbH website, ensure that appropriate security measures and virus scanners are in place.
- 9.4 A change in the burden of proof to the disadvantage of the user is not associated with the above provisions in sections 9.1 and 9.2.
10. Data protection
11. Additional agreements, place of jurisdiction, applicable law
- 11.1 Subsidiary agreements must be made in writing.
- 11.2 Exclusive place of jurisdiction shall be Düsseldorf if the user is a merchant within the meaning of the German Commercial Code.
- 11.3 The individual pages of the James Hardie Europe GmbH website 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 assumes no responsibility that information, software and/or documentation from the James Hardie Europe GmbH website may also be retrieved or downloaded at locations outside the country concerned. If users access the James Hardie Europe GmbH website from outside such country, they are solely responsible for compliance with all applicable local laws.
- 11.5 Access to information, software and/or documentation on the James Hardie Europe GmbH website from countries in which such access is illegal is not permitted. In this case and if the user wishes to enter into business relations with James Hardie Europe GmbH, the user should contact the respective subsidiaries of James Hardie Europe GmbH in the respective country or the James Hardie group of companies itself.
- 11.6 The use of the James Hardie Europe GmbH web pages, also in the case of subsidiaries, is subject exclusively to German law excluding the UN Convention on Contracts for the International Sale of Goods or other conflict-of-law rules of international private law. This choice of law does not apply if it could not be legally effectively agreed according to the applicable law. In this case, the law of the place where the respective subsidiary has its registered office shall apply.