Effective from 01.06.2021.Version 1.0. TEST

1. Use

1.1. These are the general terms and conditions that apply to the use of and access toISOVER RoofDesigner (“the Application”). The Application is supplied by Saint-Gobain Denmark A/S, ISOVER, CVR nr. 59983016, Østermarksvej 4, 6580 Vamdrup (“Saint-Gobain”).1.2. By setting up a user account at Saint-Gobain, you declare that you agree with and accept these terms and conditions for the use of the Application.

 

2. Prerequisites for accessing and using the Application

2.1. To gain access to the Application, you and your company (jointly referred to as “the User”) must be registered with Saint-Gobain. For this purpose, the following information must be provided:
a) Your name and job title
b) Name and VAT/CVR no. of the company
c) Address
d) Telephone number
e) Email address

2.2. The User is responsible for ensuring that the above information is accurate, complete and up to date at all times. Data entered by the User in the Application is stored locally on the User’s device and is not accessed by Saint-Gobain.

2.3. To make use of the Application, the User must have access to a device that (i) has internet access and (ii) is compatible with the Application.

2.4. Some parts of the Application require the User to allow the “Location” and/or “Allow notifications” feature and/or a similar feature on the User’s device. Saint-Gobain waives any and all liability for whether the location feature in the Application correctly indicates where the User is at all times.

2.5. Saint-Gobain cannot be held liable for any expenses incurred by the User while using the Application, including data usage costs.

2.6. If the User does not comply with the terms and conditions for the use of the Application, Saint-Gobain may close the User’s access to the Application without notice.

 

3. Rights of use and restrictions

3.1. Saint-Gobain grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferable right of use to access and use the Application exclusively for the User’s internal business purposes.

3.2. The User may not: (a) disassemble the Application, recreate, copy, reproduce, translate or produce derivative works; (b) transfer any content or data that is illegal or which infringes another party’s intellectual property rights; (c) modify or remove the marking and/or indication of copyright, trademarks and other rights or references thereto in the Application; (d) endanger or otherwise adversely affect the Application’s operation, stability or security; (e) modify software or documentation contained in the Application; or (f) resell the Application or wholly or partly license, sublicense, lease, lend, give a third party access to or otherwise transfer or make the Application available to any third party.

3.3. The User itself is responsible for submitting its customer data to the Application, and the User is generally responsible for its own data, including that said data is correct and complete. The User’s own data in the User’s part of the Application is currently owned by and remains owned by the User.

 

4. Intellectual property rights

4.1. All intellectual property rights related to the Application are owned or licensed by Saint-Gobain. None of these rights is transferred to the User.

 

5. Saint-Gobain’s other rights

5.1. Saint-Gobain is entitled to monitor, collect, log and aggregate data about the User’s use of the Application as part of the general supply of the Application. Saint-Gobain may use such data and statistical data for the following purposes: (a) to improve, develop and operate Saint-Gobain’s business and the Application; (b) to monitor the performance of the Application; (c) to evaluate the User’s use of the Application; (d) to verify the User’s compliance with the terms and conditions of the use of the Application; and (e) to prepare analyses and reports.

5.2. Saint-Gobain obtains all rights to statistical data generated from the Customer’s use of the Application, and Saint-Gobain has an unrestricted right to use and apply statistical data.

5.3. Saint-Gobain is entitled continuously and without notice to implement changes as long as these changes do not significantly impair the existing security, functionality or operation of the Application.

5.4. Saint-Gobain has the right to suspend, stop and/or terminate the User’s and/or its authorised users’ right of access or right of use to all or part of the Application in the event that (a) such access or use or stored customer data constitutes or is suspected by Saint-Gobain of (i) constituting a security risk to or otherwise adversely affecting the Application; or (ii) violating the rights or other interests of a third party; (iii) containing unlawful or otherwise prohibited content or activities or otherwise makes Saint-Gobain subject to potential liability; (b) if the User has breached the conditions of use of the Application or Saint-Gobain has a reasonable suspicion that the User has breached the conditions for the use of the Application; (c) where Saint-Gobain is obliged to suspend, stop and/or terminate the right of access of the User and/or its authorised users in accordance with applicable law, a court decision or with the order or recommendation of a governmental authority. Saint-Gobain shall notify the User of the suspension without delay. Saint-Gobain shall to a reasonable extent try to limit the suspension of the Application.

 

6. Changes to the conditions for the use of the Application

6.1. Saint-Gobain reserves the right to change the terms and conditions for the use of the Application. In this event, Saint-Gobain will make a new version of the terms and conditions of use of the Application available to the User. If the User continues to use the Application after this, the User is deemed to have accepted these changes.

 

7. Transfer

7.1. Saint-Gobain is entitled to transfer, in whole or in part, its rights and/or obligations without the User’s prior consent.

 

8. Personal data protection

8.1. The User and Saint-Gobain must jointly and separately comply with the personal data protection laws in effect at any time governing the use of the Application.

8.2. Saint-Gobain’s processing of personal data is regulated in the privacy policy, which can be found here, and which is an integral part of the terms and conditions for the use of the Application.

 

9. Limitation of liability and disclaimer

9.1. Saint-Gobain assumes no guarantees of any kind in relation to the Application. To the greatest possible extent within the framework of applicable law, Saint-Gobain disclaims all admissions and guarantees (whether expressed or unspoken), including without limitation any guarantees relating to a violation of third party rights, quality, marketability and/or suitability for a particular purpose and disclaims that the operation of the Application is secure, stable and without failure or otherwise flawless. Under no circumstances may Saint-Gobain be held liable for any facts, defects or shortcomings attributed in whole or in part to the User’s improper use, misuse, modification, change, update, repair of or improvement to the Application by the User or a third party. The User declares that the User does not depend on the provision of future functionality in the Application or similar development.

9.2. To the extent permitted by law, Saint-Gobain cannot be held liable for indirect, incidental or special loss, consequential loss, punitive compensation or multiple loss or loss of profits or earnings, either directly or indirectly, or loss of data, use, goodwill or other intangible loss arising from (a) the User’s access to, use or inability to access or use the Application; (b) other users or third parties’ conduct or content on or through the Application; or (c) unauthorised access, use or modification of the User’s content.

9.3. Saint-Gobain waives any and all liability for ensuring that computation and verification data are adequate, valid, up to date, authentic and/or correct, and the User may not advance a claim against Saint-Gobain based on the User’s transactions (including any losses, etc.) in reference to such computation and verification data.

9.4. The User shall, without undue delay and no later than fourteen (14) days after ascertainment of any breach of the terms of use of the Application, submit to Saint-Gobain a written notification of the breach that adequately and comprehensively describes the breach.

9.5. If Saint-Gobain is notified by the Customer of a breach, Saint-Gobain’s sole obligation in relation to such a breach is to make reasonable efforts to remedy the breach. The User’s only remedy for breach in the event of default is for the User to desist from using the Application.

 

10. Other provisions

10.1. Nothing in these terms and conditions for the use of the Application shall be construed as the conclusion of a partnership, joint venture or agency relationship between Saint-Gobain and the User.

10.2. The Customer is not entitled to transfer, enter into novation or otherwise dispose of or transfer the Agreement to a third party without the prior written consent of the Supplier.

 

11. Choice of law and venue

11.1. In the event that a negotiated settlement is not possible, any disagreement, dispute or claim arising from or relating to the use of the Application shall be resolved by a Danish court pursuant to Danish law.

 

12. Contact

12.1. Questions and comments about the Application and conditions of use of the Application can be directed to [email protected].