Océ Terms and Conditions for E-Services


1. General

1.1 Please read these terms carefully before using Océ E-Services. These terms apply to all persons using Océ E-Services (“You” and “Your”) and by accessing and using Océ E-Services You agree that You have read and accepted these terms.

1.2 Océ E-Services is provided to You by

Océ

(in the following “Océ”, “We”, “Our” and “Us”).

You will be able to obtain information and/or use certain tools relevant to Océ partners and end users, including but not limited to, the Océ E-Services, Product & Service information, Sales information and tools, Pricing and Trade Terms, Promotions, Incentives and Rewards. You may use Océ E-Services to access and use materials in the course of Your business activities.

2. Acceptable Use

2.1 Océ provides Océ E-Services to its partners and end users on the basis of the following terms and conditions. You may only use Océ E-Services if You are employed by a company that is a distributor or end user of Océ products or services, reseller of Océ products or services or business partner of Océ.

2.2 You may only use Océ E-Services in accordance with these Terms and Conditions and in any event, for lawful and proper purposes and You will comply with all applicable laws, regulations and codes of practice within the jurisdiction /country from which You are accessing Océ E-Services. In particular, You agree that You shall not: 

2.2.1 use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of Océ E-Services including but not limited to uploading or making available files containing corrupt data or viruses via whatever means; 

2.2.2 take any action that imposes an unreasonable or disproportionately large load on Océ E-Services or associated infrastructure; 

2.2.3 copy all or any part of Océ E-Services; 

2.2.4 rent, lease, sub-license, loan, translate, merge adapt, vary or modify Océ E-Services and (subject to the right to upload materials or otherwise except as expressly permitted by Us in writing) not make alterations to, or modifications of, the whole or any part of Océ E-Services nor permit Océ E-Services or any part of it to be combined with, or become incorporated in, any other programs; and

2.2.5 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Océ E-Services nor attempt to do any such things.

3. Registration and Account

3.1 On registration, You shall provide Us with certain information, including Your full name, function/role, company/organization and employee e-mail address, all of which must be accurate, truthful and up- to-date. We shall verify Your registration information and issue a password to You. We reserve the right to deny creation of Your account for any reason.

3.2 You shall be solely responsible for maintaining the confidentiality of Your password. You shall immediately notify Us at info@oce.com by submitting feedback of any known or suspected unauthorized use(s) of Your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password. You are fully responsible for all usage and activity on Your account. Notwithstanding anything else herein, We reserve the right to pursue any and all claims against You and any user of Your account. Your account is valid only while You are employed by the organization listed on Your initial registration application. You are prohibited from accessing Your account immediately upon termination with that organization.

3.3 You shall notify Us as soon as possible (i) if You are granted access to information which You do not, acting reasonably, believe that You should, due to Your function/role/company/organization, have access to and/or (ii) if You become aware that someone within Your company/organization has been granted access to information which You do not, acting reasonably, believe that they should, due to their function/role, have access to.

4. Confidentiality

4.1 All information provided pursuant to Océ E-Services is, unless otherwise specified, confidential (“Confidential Information”) and as such You shall, subject to clause 4.2: 

4.1.1 not disclose any Confidential Information except to such third parties as authorised in writing by Océ;  and

4.1.2 take all steps necessary or appropriate to protect any Confidential Information against unauthorised disclosure or use, and shall promptly notify Océ of any unauthorised disclosure or use of any Confidential Information, and shall take all actions that Océ reasonably requests to prevent any further unauthorised use or disclosure of the same. '

4.2 The obligation set out in clause 4.1 shall not apply to the extent, but only to the extent, that any Confidential Information:

4.2.1 becomes generally available to the public through no fault of Yours;

4.2.2 is or has been disclosed to You, directly or indirectly, by any person that is under no obligation of non-disclosure to Océ; or

4.2.3 is required to be disclosed under any applicable law, rule, regulation or governmental order. Before disclosure You shall inform Océ of such disclosure and of which Confidential Information and to what extent it is disclosed, and shall co-operate with Océ to seek a maximum protective order or measurement.

5. Changes to E-Services

5.1 We may make improvements or changes to the information, services, products and other materials on Océ E-Services (“Changes”) (any such Changes shall be subject to these Terms and Conditions), or terminate Océ E-Services, at any time without notice.
5.2 We may also modify these Terms and Conditions from time to time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on Océ E-Services without prior separate notification to You.  Accordingly, Your continued access or use of Océ E-Services is deemed to be Your acceptance of the modified Terms and Conditions.

6. Promotions

Any promotions operated through Océ E-Services shall, unless specifically stated otherwise, be subject to Océ’s standard business to business terms and conditions (copy available at request).

7. Limitation of Liability

7.1 In no event shall We be liable for any losses or damages of whatsoever kind (including direct, indirect, incidental, consequential and punitive) arising out of access to, or the use of Océ E-Services or any information or tools contained in it whether or not in the contemplation of the parties including any losses or damages arising as a result of: 

7.1.1 any and/or all of the services and/or tools detailed in Océ E-Services not being available;

7.1.2 any problems with accessing Océ E-Services and the system on which it is hosted;

7.1.3 any loss of data or profits;

7.1.4 a user incorrectly stating their role/function/company/organization;

7.1.5 the delivery/suitability/quality of products awarded pursuant to any schemes and/or promotions and/or tools operated by Océ E-Services. 

7.2 Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by Our negligence or for fraudulent misrepresentation.

8. Disclaimer of Warranty 

Except as expressly provided otherwise in a written agreement signed by authorized representatives of You and Océ, all materials and Océ E-Services are provided "As Is" and "As Available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Except as expressly provided otherwise in a written agreement signed by authorized representatives of You and Océ, all materials and services on this site are provided "As Is" and "As Available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Océ makes no warranty that (i) the Océ E-Services and Materials will meet Your requirements, (ii) the Océ E-Services and Materials will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Océ E-Services or Materials will be effective, accurate or reliable, and (iv) the quality of any products, services, or information obtained by You from the site will meet Your expectations. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You. To the extent permissible, any implied warranties that cannot by law be excluded are limited to ninety (90) days.

This site could include technical or other mistakes, inaccuracies, or typographical errors. Océ may make changes to the Materials and Océ E-Services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The Materials or Océ E-Services at this site may be out of date, and Océ makes no commitment to update Materials or Océ E-Services. Océ assumes no responsibility for errors or omissions in the Materials and/or Océ E-Services or for information, materials, or services of third parties referenced by or linked to this site, including those of Océ’s associates. References to other companies, their services and products, are provided "As Is" and "As Available" without warranty of any kind, either express or implied.

9. Indemnification

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to Your breach of these Terms and Conditions.

10. Intellectual Property and Proprietary Rights

10.1 All trademarks, copyright, database rights and other intellectual property rights in any materials displayed or accessible on Océ E-Services, as well as the organization and layout of Océ E-Services and the software code of the Océ E-Services are owned either by Us, Our licensors or Our service provider. Except as expressly permitted by Us in writing, no license or right, express or implied is hereby conveyed or granted by Us, Our licensors or Our service provider in relation to trademarks, copyright, database rights and other intellectual property rights in any materials displayed or accessible on Océ E-Services, in the organization and layout of Océ E-Services and/or in the software code of the Océ E-Services.

10.2 Materials on the Océ E-Services may include (by way of example only) pictures, videos, promotional or marketing forms, tools, templates and brochures that are accessible and/or made available to You in order to support Your sales and/or servicing of and/or reporting or informing about Océ products and services.  These materials shall only be accessed and used by You if permitted by Us and in accordance with the conditions attached by Us to the materials and in any event only to support the sale and/or promotion of and/or reporting or informing about Océ products and services, and for no other purposes. In particular, You shall not change or modify any pre-existing text or elements (whether images, logos, drawings etc) in any templates or tools made available on Océ E-Services for Your own marketing campaigns and/or reporting/information activities, except that You may include information about Your company, business and Your own campaigns in the designated spaces, provided that at all times

 (i) the information is lawful and correct; 

 (ii) You have, where relevant, obtained the necessary third party consents and licenses, including but not limited to image rights; and 

 (iii) You do not misrepresent or conceal Your identity and authorship or relationship with Canon.

10.3 Upon notification by Us (via email or otherwise), You shall immediately stop any and all use of any material(s) as specified by Us and if requested by Us confirm to Us in writing that You have ceased using the said material.

11. Data Protection

If You choose to register for the Océ E-Services, You agree to provide Océ with the data as requested in relation to Océ E-Services and the registration form. Océ is committed to protecting Your privacy any personal information supplied by You will be used by Océ solely for the purpose of administering Océ E-Services.  The personal data supplied in registration is held on secure computer and manual files and shall not be processed for any other purposes than administering and making various features and functions of the Materials available to You through Océ E-Services.  You have the right to access, correct, update or delete Your data. For contact information and further details on Océ’s Privacy Policy, please visit the website http://global.oce.com.

Consent to Aggregate Use of Your Information. In order to make various features and functions of the Océ E-Services and Materials available to You, We may collect information about Your use of the Océ E-Services, including information identified in Océ's Privacy Policy ("Your Information"). All Your Information is subject to Océ's Privacy Policy. You acknowledge and agree that Our collection and use of Your Information as set forth in the Privacy Policy, and Our operation and provision of the Océ E-Services, as contemplated under this Terms and Conditions, is not a breach of Your right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. You hereby waive any and all such claims or rights of action, whether foreseen or unforeseen, so long as Your Information is collected, stored, and used in accordance with Océ's Privacy Policy or in the case of You making use of Materials or Services provided by Océ Associates, the privacy policy of such Associate.

12. Termination

12.1 We reserve the right to:

12.1.1 deny You access to Océ E-Services; and/or

12.1.2 terminate these Terms and Conditions, or suspend Your access to Océ E-Services, with or without cause in Our sole discretion, at any time without notice.

12.2 We shall not be liable to You or any third party for the termination or suspension of Océ E-Services, or any claims related to the termination or suspension of Océ E-Services. Upon termination of access to Océ E-Services by You or Us, You must discontinue Your use of Océ E-Services, destroy promptly all materials obtained from Océ E-Services and any copies thereof.

13.  User Policy

13.1 You undertake not to post to or send via or use in relation to Océ E-Services any materials that are or could reasonably be construed as: (i) defamatory, libelous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which You have not obtained all necessary licenses and/or approvals; or (iv) violating any other law.

13.2 You also agree not to transmit to or send via Océ E-Services any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.

13.3 Océ reserves the right to remove any materials from Océ E-Services where it reasonably suspects that such material is prohibited by this clause 13 or is otherwise inappropriate. Notwithstanding the foregoing, You acknowledge that Océ has no control over content on Océ E-Services provided by other users, and that, in addition, it does not purport to monitor the accuracy, appropriateness or conformity with the principles outlined in these Terms and Conditions, of such content.

13.4 You must not link to Océ E-Services other websites which are indecent or inappropriate, and You must forthwith remove any link if Océ in its discretion so requests.

14. Governing Law

The Terms and Conditions shall be governed by and construed in accordance with the laws of the country in which You are located. You hereby agree that the courts of the country in which You are located have exclusive jurisdiction to settle any dispute arising out of or in connection with Océ E-Services or the Terms and Conditions.

15. Miscellaneous

We have the right to change the content or technical specifications of any aspect of Océ E-Services at any time at Our sole discretion. You further accept that such changes may result in Your being unable to access Océ E-Services. 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. Clauses 2.2, 3.2, 4, 7, 9, 10, and any clause which, by its nature, should survive termination or expiration of these Terms and Conditions shall survive termination or expiration.

We perform system maintenance of the Océ E-Services on a regular basis. We use (commercially) reasonable efforts to ensure that the Océ E-Services are available for use during such maintenance time. We will use (commercially) reasonable efforts to perform all maintenance during prescheduled maintenance windows, preferably during non-business days. We reserve the right to perform additional maintenance of the Océ E-Services, as necessary at our sole discretion, without prior notification or announcement.

16. Entire Agreement

These Terms and Conditions constitute the entire agreement between You and Us in respect of Your use of Océ E-Services.