Jansen AG (hereafter referred to as "Jansen") offers an online portal for architects, planners, metal workers, dealers, sales partners and staff of the Jansen Group (hereafter referred to as "Users") under the name "Jansen Docu Center". This portal offers Users the opportunity to retrieve inter alia the following content online:
- catalogues and documentation
- processing and assembly guidelines and videos
- data sheets (mill test certificates, security data sheets, etc.)
- tender documents
- CAD library
- CE marking
- supplementary information concerning the products and services of Jansen
The purpose of the "Jansen Docu Center" is to facilitate Users in working with Jansen products, along with their purchase and sale, and planning and monitoring by testing authorities and to update items or references contained in catalogues (hereafter referred to as the "Intended Purpose").
The following Terms and Conditions of Use shall govern the usage of the "Jansen Docu Center" in the following order of priority:
1. (Any) special terms and conditions of usage applicable to individual tools from the "Jansen Docu Center"
2. These Terms and Conditions of Use for the "Jansen Docu Center"
3. The General Terms and Conditions of Use of the Jansen Website (www.jansen.com).
2 Contact person
If you have any questions concerning the "Jansen Docu Center" or these Terms and Conditions of Use, please get in touch with the contact person of the "Jansen Docu Center" as follows:
Users must register in order to be able to use the "Jansen Docu Center". Users may register using the online form provided by Jansen, stating the company name of their employer. The User must provide his/her contact details upon registration, including an email address. The User is obliged to provide accurate information and to inform Jansen promptly regarding any subsequent changes. The User is obliged to ensure that he/she receives the emails that are sent to the email address indicated.
In registering the User declares that he/she is entitled to use the "Jansen Docu Center" on behalf of his/her employer and in this respect to issue legally binding declarations for his/her employer.
As a rule, after registering the User will receive access data to the "Jansen Docu Center" by email. There is no entitlement to the issue of access credentials. Jansen reserves the right at its discretion and without any requirement to state reasons (i) to refuse a registration and to decline to issue access credentials, or (ii) to revoke any previously issued access credentials.
The User shall treat the access data in the strictest confidence. He/she shall ensure that the access data are not made accessible to third parties and shall bear liability towards Jansen for all activities carried out using his/her access data. The User shall inform Jansen promptly in the event that the access data become known to a third party.
3.2 Signing in
After the User has registered for the "Jansen Docu Center", he/may access it by signing in with his/her access data. In signing in the User acknowledges the validity of these Terms and Conditions of Use for the "Jansen Docu Center", as amended from time to time.
3.3 Blocking of access
Jansen shall be entitled to revoke the access credentials at any time by blocking access, without any requirement to state reasons. This may occur in particular if the User:
- provided false information when registering;
- has committed a breach of these Terms and Conditions or of his/her duty to handle the access data with care;
- has committed a breach of any applicable law in accessing or using the "Jansen Docu Center"; or
- has not used the "Jansen Docu Center" for an extended period of time, as a rule for 6 months.
4 Intellectual property and usage rights
4.1 Intellectual property
All intellectual property rights over the content retrievable online shall lie with Jansen alone. This shall apply in particular to copyright and trade mark rights and related intellectual property rights. The User undertakes to respect these rights.
4.2 Usage rights
Jansen grants the User a non-exclusive and non-transferable right to use the content retrievable online exclusively in accordance with the Intended Purpose. The usage rights of the User shall be limited exclusively to the Intended Purpose; any other usage is prohibited. No further or more extensive rights are granted to the User.
Any alteration, adaptation, division/separation or other modification of the content (including modification by add-on programs, translation, reverse engineering, decompilation, disassembly or connection with other software and/or other data or databases) is prohibited. The content may not be sold, leased, sub-licensed or otherwise provided to third parties whether for consideration or free of charge or used in any other manner. The foregoing shall not apply to the templates containing content for tender documents, which are provided by Jansen for the purpose of assistance and do not purport to be complete or accurate, where these are provided citing Jansen as the source and along with a reference to its rights.
Software shall be provided to the User in a machine-readable format, and there shall be no entitlement to the provision of the source code, unless agreed upon in writing.
5 Duties of the User
Each User shall have the following duties:
- To use the "Jansen Docu Center" and its applications solely for the Intended Purpose. Any other usage is prohibited.
- To refrain from any disruptive activity or usage of the "Jansen Docu Center". This shall apply in particular to activities and usage that may result in the overloading of the "Jansen Docu Center" or restrictions for other Users.
- To refrain from electronic attacks of any type whatsoever on the "Jansen Docu Center" (including all hardware and software used in order to operate the "Jansen Docu Center") or on other Users. Electronic attacks shall include inter alia the following activities:
- attempted hacking, i.e. attempts to overcome, circumvent or otherwise deactivate the security mechanisms of the "Jansen Docu Center";
- the application and/or dissemination of viruses, worms and Trojan horses;
- brute force attacks;
- other measures or procedures liable to disrupt the "Jansen Docu Center", including all hardware and software used in order to operate the "Jansen Docu Center" and/or that could cause harm to Jansen or Users.
- To refrain from posting any content that infringes third party rights or that is relevant under competition, anti-trust or criminal law.
6 Updating of the "Jansen Docu Center"
Jansen endeavours to tailor the "Jansen Docu Center" to Users' requirements and to supplement content and tools, where this is necessary and sensible. Against this backdrop and having regard to the existing contractual relationship, the User acknowledges that Jansen will inform him/her concerning additional or updated technical content and tools in the "Jansen Docu Center" either by a message within the "Jansen Docu Center" or by email. If the User does not wish to receive such messages, the User must cancel his/her registration with the "Jansen Docu Center".
When registering for the "Jansen Docu Center", the User has the opportunity to sign up for the Jansen newsletter, from which he/she may unsubscribe at any time.
7 Content of the "Jansen Docu Center" / disclaimer
Jansen does not provide any express or implicit warranty that the content provided in the "Jansen Docu Center" along with any tools made available are up to date, correct, complete, usable and free from industrial property, copyright or related rights. Such content is provided for information purposes only. It shall be for the User to take appropriate action to ensure that the content is suitable for his/her purposes. The "Jansen Docu Center" is used by the User in all respects at his/her own risk. Jansen shall not incur any liability, unless specified otherwise by law. No liability claims may be brought against Jansen in relation to either tangible or intangible losses arising as a result of the usage of or failure to use the content and tools made available or of the usage of defective and incomplete content and tools, unless specified otherwise by law. Jansen shall also incur no liability for loss of profit, indirect losses and consequential losses, unless specified otherwise by law.
Jansen does not provide any warranty concerning the uninterrupted availability of the "Jansen Docu Center".
Although Jansen will endeavour at all times to keep the Jansen website and the "Jansen Docu Center" free from computer viruses and other malware (hereafter referred to collectively as "Malware"), Jansen offers no warranty as to the absence of Malware. In order to protect its own computer systems and to prevent the "Jansen Docu Center" and the Jansen Website www.jansen.com from being infected with Malware, the User undertakes to take appropriate precautions against Malware (installation and updating of virus scanners etc.) in accordance with the state of the art prior to any usage of the "Jansen Docu Center" on its own computer systems.
Entitlement to use the "Jansen Docu Center" may be terminated by either party with prior notice of two (2) weeks. The foregoing shall be without prejudice to any other mechanism for terminating, dissolving or revoking the Terms and Conditions of Use, where expressly so provided for in these Terms and Conditions of Use.
The foregoing shall be without prejudice to the right to terminate the Contract with good cause.
The User may request in writing that his/her registration be cancelled, unless this is not possible owing to the need to give effect to ongoing contractual commitments. Should this occur, Jansen shall erase all User data and all other personal data of the User that have been saved as soon as they are no longer required.
Jansen expressly reserves the right at any time to amend, supplement or remove parts of the "Jansen Docu Center" or the content as a whole without any requirement for prior notice, or to discontinue publication either temporarily or permanently.
Jansen also reserves the right to amend these Terms and Conditions of Use for the "Jansen Docu Center" at any time at its discretion. The User shall be informed of any amendments before they take effect. The continued usage of the "Jansen Docu Center" after the new Terms and Conditions have been announced shall be construed as consent by the User to the amended Terms and Conditions.
Jansen may avail itself of the support of third parties in relation to the operation of the "Jansen Docu Center".
With advance notice of one month, third parties may subrogate in place of Jansen into all or part of the rights and duties resulting from this Contract for Jansen. In such an eventuality, the User shall be entitled to terminate the contractual relationship with notice of two (2) weeks.
Any side agreements must be adopted in writing.
In the event that any individual sections or wording contained in these Terms and Conditions of Use no longer comply with applicable law or are incomplete, the invalid term shall be replaced by a valid term that comes as close as possible from a financial perspective to the meaning and purpose of the invalid term. The same shall apply to any gaps in the Terms and Conditions. All other parts of the Terms and Conditions shall remain unaffected.
These Terms and Conditions of Use shall be governed exclusively by the substantive law of Switzerland, and the UN Convention on Contracts for the International Sale of Goods shall not apply. Exclusive jurisdiction shall lie in Oberriet (Canton of St. Gallen).
Valid from: January 2019