I hereby declare that I have read and understood the following Conditions of Use. The fact that I use the system may be considered to be a statement of my consent to being bound by the provisions of these Conditions of Use.

 

Conditions of Use

 

Consent to the Holmatro conditions is required if you wish to use MyHolmatro. These conditions apply as from 1 October 2015.

 

  1. Definitions
  • Dealer: the Holmatro product dealers contracted by Holmatro;
  • End User: the user of Holmatro tools;
  • Conditions of Use: these conditions of use;
  • User: the person who wishes to use MyHolmatro and who has expressly consented to the Conditions of Use and to whom Holmatro has issued a user account;
  • Holmatro: N.V. Holmatro with its registered office and principal place of business in (4941 VL) Raamdonksveer, the Netherlands at Lisseveld 30;
  • Holmatro Inspection Procedure: the procedure for inspecting Holmatro products developed by Holmatro;
  • MyHolmatro: the Holmatro web application that provides information about the Holmatro products, the Service Portal, the Holmatro Inspection Procedure and the possibility of ordering parts for Holmatro products;
  • Service Portal: part of MyHolmatro for service, maintenance and asset management relating to the Holmatro products.
  • Holmatro Qualified Service Technician/Engineer; a service technician/engineer qualified by Holmatro in line with Holmatro’s requirements for this role and in the possession of the corresponding certificate issued by Holmatro.

 

  1. Right of Use
    • A Dealer or End User of Holmatro products may request Holmatro to issue him or her with a user account for MyHolmatro.
    • Following verification of the data that have been entered, Holmatro may grant or reject a request for a user account without being obliged to state its reasons.
    • In the event Holmatro issues a user account, it grants the User for no consideration the non-exclusive right that cannot be transferred or sublicensed to use MyHolmatro with the observance of the Conditions of Use. The User hereby accepts this right of use in advance.
    • Not all Users have access to all sections and/or data of MyHolmatro. After it has received the application, Holmatro decides to which areas the User has access. The User may request Holmatro to expand the user level. Holmatro is not obliged to comply with this request.
    • The User may only use Holmatro for the purposes for which it is intended, namely (a) the general section of MyHolmatro for consulting the information, (b) the Service Portal for maintaining and managing the Holmatro products including assembly and maintenance instructions for viewing lubrication or gluing instructions and the torque of parts, (c) the Holmatro Inspection Procedure for inspecting Holmatro products, and (d) the Order Environment for ordering parts for the Holmatro products.
    • The User may only use MyHolmatro within the context of its customary business operations.
    • The User may not perform acts as a result of which he jeopardises the normal operation of MyHolmatro or as a result of which he causes unjustified losses to Holmatro.
    • The User is never allowed to remove or evade technical provisions or other security measures in MyHolmatro or provide access or security codes to third parties. The User is never allowed to alter or remove indications in MyHolmatro concerning the fact that Holmatro is the manufacturer or concerning the confidential nature of MyHolmatro or any other reference to Holmatro.

 
  1. Update and security
  • The User is not allowed to modify or otherwise alter MyHolmatro. The User does not have the right to process, copy or otherwise alter data from MyHolmatro, unless this is necessary for the use expressly allowed in article 2.5 of these Conditions of Use.
  • If the User discovers or suspects that MyHolmatro does not function in the manner intended or that the data in MyHolmatro are incorrect, incomplete, not or no longer current, the User will notify Holmatro thereof without delay, preferably by email to info@holmatro.com. Holmatro strives to keep MyHolmatro accurate and current as regards its own data, inter alia by adding new products, updating product data and removing old products. Holmatro will endeavour to correct errors, inaccuracies or any instances of incompleteness in MyHolmatro that are reported to it as soon as possible. Holmatro can also correct any data entered by the User if Holmatro is of the opinion that these contain errors. The User expressly agrees thereto.
  • Holmatro endeavours to arrange for an adequate back-up of MyHolmatro and for adequate security of the data in MyHolmatro.
  • The User is obliged to inform Holmatro without delay if another user wishes to use a user account and/or if a change occurs in the person of the user (for example in the event an employee leaves). The User is also obliged to implement all possible (technical) security and other measures to prevent MyHolmatro data from coming into the possession of unauthorised third parties, including the login codes coming into the possession of a competitor or other unauthorised third parties. The User commits that as soon as he learns or suspects that unauthorised third parties are using MyHolmatro and/or if he learns or suspects that a login code has come into the possession of an unauthorised third party, it will notify Holmatro thereof immediately, preferably by email to info@holmatro.com.
  • If Holmatro establishes or suspects that unauthorised third parties are using or are able to use MyHolmatro and/or the login codes (unauthorised use), or if Holmatro is informed of such unauthorised use, Holmatro will have the right to block access to MyHolmatro with immediate effect.
  • If unauthorised third parties are able to use MyHolmatro as a result of the acts or omissions of the User, the User will be liable towards Holmatro for all losses sustained and to be sustained by Holmatro as a result thereof, including but not limited to lost profit.
  • The User only has the right to use MyHolmatro in accordance with the user level granted to him as provided for in article 2.4 of the Conditions of Use.

 

  1. Confidentiality, transfer
  • The User will not disclose, allow inspection of otherwise make the content of MyHolmatro or parts thereof available to any third party, including companies affiliated with the User and/or the User’s own employees, who do not necessarily have to work with MyHolmatro.
  • The User will not make the server or servers on which MyHolmatro has been laid down or the database right to the database available or transfer these to any third party or grant limited or other rights in respect thereof, unless he has obtained Holmatro’s express approval to do so.

 

  1. Personal and other data
  • Holmatro has access to all personal and other data entered in MyHolmatro by the User. Holmatro may:
    1. use the personal and other data of the User, such as email and other addresses and telephone numbers, for commercial purposes, including but not limited to sending information or targeted offers to the User. In the event these offers are sent by email and relate to products other than those purchased from Holmatro by the User, the User hereby grants his express approval for sending emails for this purpose;
    2. use the personal and other data of the User, such as email and other addresses and telephone numbers, in order to check whether MyHolmatro is being used in an unauthorised manner.
    3. use the personal and other data of the User, such as email and other addresses and telephone numbers, if such is necessary for compliance with these Conditions of Use or the performance of another agreement to which the User is a party.
    4. in the event the User is an End User, provide the personal and other data of the User, such as email and other addresses and telephone numbers, to the official Holmatro dealer who is responsible for the territory in which the User is established; this also applies in the event a new Dealer is appointed;
    5. provide the personal and other data of the User, such as email and other addresses and telephone numbers, to:
  • other companies of the Dutch Holmatro group, including but not limited to Holmatro Industrial Equipment B.V.; and
  • carefully selected domestic and foreign partners, including but not limited to Holmatro Inc., Holmatro Polska sp. z.o.o., Holmatro U.K. Ltd. and Holmatro China.

The aforementioned companies are only allowed to use these data for the purposes listed in this article;

  1. other third parties who arrange for hosting and maintenance of MyHolmatro, customer relationships, database storage, database management of MyHolmatro and direct marketing campaigns. The data will only be provided if such is necessary for compliance with these Conditions of Use or the performance of another agreement with Holmatro to which the User is a party;
  2. the competent authorities or to third parties if this is necessary within the context of legal obligations or requests.
  • The User has the right at all times to request Holmatro to cease its use of his data for direct marketing purposes by sending an email to info@holmatro.com. In addition, each mailing includes what is known as an opt-out possibility. Holmatro will cease its use for direct marketing purposes after it has received such a request.
  • A User has the right to inspect the data stored by Holmatro. Holmatro will enable the User to inspect such data within at most 4 weeks after receiving such a request in writing. A User also has the right to request Holmatro to correct, supplement, remove or screen his personal data if these are incorrect, incomplete or irrelevant, or are otherwise processed contrary to a statutory regulation.
  • Holmatro does not store User data longer than is necessary for the purpose for which it collects or further processes the data. If it is no longer necessary to keep these data for the purpose referred to above, they will be removed by Holmatro.
  • Holmatro has implemented suitable technical and organisational measures in order to secure the User’s personal data against loss or any form of unlawful processing.

 

  1. Cookie policy
  • Cookies are small bits of information that are stored on a User’s computer by the browser. Holmatro uses various cookies for different purposes:
    1. Technical cookies for the purpose of being able to offer an account and have it function, to create an account, being able to log in;
    2. Functional cookies for the purposes of remembering a User’s preferences;
    3. Analytical cookies in order to obtain insight into the manner in which visitors use the Holmatro website or parts thereof so that Holmatro is able to improve the website and ensure that it is as much as possible in line with what the Users consider interesting and important.
  • Holmatro only uses third-party cookies, namely those from Google Inc., in order to improve the quality and effectiveness of MyHolmatro.
  • To the extent required by law, the User hereby consents unambiguously to the use of cookies. The User can adjust the browser settings in such a manner that he does not receive cookies when visiting the Holmatro website.
  • These Conditions of Use only apply to Holmatro’s use of the cookies. The use of cookies and other techniques applied by third parties is subject to the conditions of those third parties.

 

  1. Intellectual property rights
    • The database right, copyright and all possible other intellectual property rights as well as similar rights to protect information relating to MyHolmatro and the related documentation vest exclusively in Holmatro. Nothing in these Conditions of Use serves to transfer all or part of such rights.
    • Holmatro guarantees towards the user that MyHolmatro and the use granted to the User does not infringe intellectual property rights or similar rights held by third parties and that it is fully competent to grant the rights referred to in these Conditions of Use. Holmatro indemnifies the User against losses resulting for the User from an alleged infringement of such third-party rights, subject to the condition that the User notifies Holmatro immediately of such an alleged infringement and, if Holmatro so wishes, leaves the defence against such an allegation entirely to Holmatro and provides all cooperation and information requested in that connection.
    • In case of an infringement or an alleged infringement as referred to in the second paragraph or if there exists in Holmatro’s opinion a considerable chance that such an infringement could occur, Holmatro will have the right to replace or alter MyHolmatro in such a manner that the infringement is ended as a result thereof and that the functional characteristics of MyHolmatro are prejudiced as little as possible. The User will have the right to dissolve this Agreement if an infringement as referred to in the second paragraph is established in a final court order that is enforceable in the country where the User has his place of business and it becomes clear that replacement or modification is not possible without material prejudice to the functional characteristics or the possibilities of use of MyHolmatro.
    • This obligation to indemnify lapses if the alleged infringement is related to (i) materials made available by the User to Holmatro for the purpose of use, modification, processing or incorporation, or (ii) changes made by the User to MyHolmatro or other materials or that the User had third parties do to MyHolmatro or other materials.
    • The User does not have the right to claim independently surrender or destruction of the infringing products as referred to in Section 5c, subsection 1, and Section 5c, subsection 4, of the Databases (Legal Protection) Act.
    • The User is required to notify Holmatro without delay of any infringement of Holmatro’s rights/unauthorised use of MyHolmatro.

 

  1. Term, termination
  • These Conditions of Use enter into force on the day on which the User consented expressly to these Conditions of Use.
  • The parties have agreed that for as long as MyHolmatro is updated continuously, for example by entering new products or removal of old products, such will constitute a substantial modification of MyHolmatro, which means that a new database right with a new term of 15 years arises each time.
  • Holmatro has the right at all times to remove, alter or suspend the User’s account without notification. Holmatro removes the account in any event if the User violates these Conditions of Use. Holmatro will never be obliged to pay any compensation in connection with the termination of the account.
  • Holmatro reserves the right to block access to MyHolmatro and to end the right of use for all Users.
  • The User has the right at all times to request Holmatro to terminate the user account by means of a registered letter sent to the address referred to in article 1. Holmatro will comply with this request within at most 10 working days after receipt of a request to that effect.
  • The User is obliged in all cases in which Holmatro terminates the user account to destroy all login codes immediately, to inform all employees that MyHolmatro may no longer be used, and to return to Holmatro all documentation or other documents relating to MyHolmatro that were made available by Holmatro to the User within two (2) weeks after termination and without keeping a copy. If such return is factually impossible, the User will be required to destroy these documents immediately after termination or dissolution, while submitting proper proof of that destruction. When his user account ends, the User will not be entitled to a back-up copy of the data entered by him.
  • Articles 4, 5, 7, 9, 10, 11 and 12 of the Conditions of Use will continue to apply also after the User’s user account has been terminated.

 

  1. Inspection

Holmatro has the right to check or have an authorised third party check at the User whether there is unauthorised use of MyHolmatro and to check whether MyHolmatro is being used, or is being used exclusively, for the User’s customary business operations. The User will cooperate in the inspection and if so desired provide Holmatro with the necessary information, documents, codes or other information required for the inspection. The costs of inspection are for Holmatro’s account, unless it is determined that the User failed to comply with the obligations included in these Conditions of Use.

 
  1. Liability and indemnification
  • Holmatro is not liable for losses resulting from the fact that MyHolmatro is incomplete, incorrect, unavailable or not up to date or as a result of any other defect in MyHolmatro, unless and to the extent such losses are caused by intent or gross recklessness on the part of Holmatro’s management or the managing employees who are part of Holmatro’s company management.
  • Liability for direct trading losses, consequential losses or indirect losses, including but not limited to lost profit, is always excluded.
  • Without prejudice to the provisions above, Holmatro’s liability is always limited to EUR 30,000 or, if the loss is covered by Holmatro’s insurance, to the amount that is actually paid by the insurer in the relevant case.
  • By checking the various questions following performance of the Holmatro Inspection Procedure, the Holmatro Qualified Service Technician/Engineer declares that he/she:
  1. is a trained and qualified Holmatro Service technician/engineer;
  2. the article number and serial number of the specific product correspond to the article and serial number of the product in the Service Portal;
  3. has understood all requirements/questions of the Holmatro Inspection Procedure relating to the specific product;
  4. has checked/performed all requirements/questions of the Holmatro Inspection Procedure relating to the specific product;
  5. has completed truthfully and completely all requirements/questions of the Holmatro Inspection Procedure relating to the specific product;
  • The Holmatro Inspection Procedure application generates a statement after all questions have been answered in the affirmative. If the User uses this application, he or she hereby consents to placing his or her signature on this statement. The logo of the User’s employer is also placed on the statement. The User will endeavour to ensure that his or her employer consents to the use of the logo.
  • If all the questions mentioned in clause 10.4 are answered truthfully, and the respective statement as referred to in clause 10.5 is generated, the User declares and confirms that the Holmatro tools met all criteria of the Holmatro Inspection Procedure on the moment of inspection. The Holmatro Inspection Procedure does not provide any other than regular product guarantees with respect to the product’s condition, state of repair, and the functioning of the respective product. Irrespective of whether the Holmatro Inspection Procedure was followed, Holmatro will not be liable for any losses or injury resulting from maintenance and/or inspection of the product.
  • If the use of a tool creates reasonable doubts concerning the product’s reliability, the product must be inspected immediately by a Holmatro Qualified Service Technician/Engineer in accordance with the Holmatro Inspection Procedure.
  • The User hereby indemnifies Holmatro against all losses sustained by third parties as a result of the use, the inspections, the maintenance and repairs of Holmatro products.

 

  1. Miscellaneous
  • This Agreement is governed by Dutch law.
  • All disputes between the parties that arise from or that are related to these Conditions of Use or to the use of MyHolmatro will be submitted to the competent judge of the Breda District Court.
  • In the event a provision of these Conditions of Use is unlawful, void or unenforceable for any reason whatsoever, the relevant provision will be considered to be separate from the Conditions of Use and such will not alter the validity and enforceability of the remaining provisions.

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