WELCOME TO THE SWISS KRONO CUSTOMER PORTAL

You are about to enter the SWISS KRONO Customer Portal, our online sales platform. Here you can check availabilities, place orders and manage your purchase history for your company – all with just a few clicks of your mouse. The Customer Portal is available to all SWISS KRONO Group clients with the relevant access permissions. Access is granted by the SWISS KRONO Group sales team upon request. At SWISS KRONO, we collaborate with innovative partners to provide state-of-the-art digital technology that makes it even easier for you to make future purchases. We will improve and update our Customer Portal on an ongoing basis so that you can benefit from new digital features and functionalities. Please complete your registration and create a personal user account (“Account”). When registering for the Customer Portal, you will be asked to read and accept these Terms of Use (“Terms”).

TERMS

These Terms apply to your company when using our SWISS KRONO Customer Portal (“CP”) online platform, including all websites and other content at portal.swisskrono.com. The owners and operators of the CP are SWISS KRONO Tec GmbH, Kurfürstendamm 22, 10719 Berlin, Germany, and the companies affiliated with SWISS KRONO Tec GmbH (together referred to as “SWISS KRONO”, “we” or “us”).

These Terms constitute a legally binding agreement between your company and SWISS KRONO. Your access to the CP and use of the functionalities and content made available on the CP are subject to these Terms. You may only use the CP if you agree to the Terms set out here.

Orders placed via the CP will be subject to the sale and delivery conditions of the SWISS KRONO loca- tion with which your individual purchase agreement is concluded.

USER ACCOUNT AND LOGIN DETAILS

In order to receive unlimited access to the CP and to use its content and functionalities, you must register your company (as defined under Section 14 of the German Civil Code – BGB) and create your own user account (“Account”). Consumers (as defined under Section 13 BGB) may not use the CP. You may only create one Account for your company. To set up your Account, you must enter the full name of your company, a current email address, your first and last names and a telephone number and then create a password. We reserve the right to refuse CP registration requests at our own discretion and without having to provide reasons.

You are responsible for the use of your client account, regardless of whether you use the client account yourself or it is used by a third party.

You are obliged to protect your CP registration data from third parties and to protect your login details, including your password, and to keep this confidential. Login details must not be passed on to third parties. Additionally, third parties must not be permitted to use the CP on your behalf, on behalf of your company or with your login details. If you have lost your login details or if you become aware of or suspect unauthorized access to or use of your Account, you must inform us of this immediately using the contact details provided. You are fully responsible and liable for all damage or other loss that occurs as a result of a breach of your obligations, including the obligation to protect your Account from unauthorized access.

CONCLUSION OF CONTRACT

A contract between your company and SWISS KRONO is concluded in accordance with the sale and delivery conditions of the SWISS KRONO location from which the individual purchase is made.

AVAILABILITY OF THE CP SERVICE AND EVENTS

The CP is provided by SWISS KRONO as an additional channel for processing orders. There is no legal right to use the CP. In particular, SWISS KRONO offers no guarantee with regard to the technical availability of the CP. You hereby acknowledge and accept that the CP may be temporarily unavailable due to routine maintenance work, service upgrades or other mechanical or electronic outages.

YOUR RESPONSIBILITIES

You must ensure that your use of the CP, including the information sent by you, the content and documents entered by you, and other interactions on the platform (referred to jointly as “Behavior”) complies with applicable laws and with the rules on using the CP, as set out below.

Data that you send via the CP will be used by us to process orders. Therefore, you must carefully review the information that you provide when placing an order. If it is not possible to send data via the CP, this does not release you from your existing obligation to share information with us, as set out in your purchase agreements. In such a case, other permitted means of communication must be used.

You are not permitted to use, copy, duplicate or otherwise utilize the CP for commercial purposes beyond the participation terms provided by SWISS KRONO. Therefore, you are especially not permitted to make the contents of the CP available to third parties.

Furthermore, you are obliged to treat as confidential all information to which you are granted access while using the CP and all information that is expressly marked as confidential or that a person may reasonably assume is confidential.

RULES FOR USING THE CP

You may only use the CP within the scope of the access rights granted to you and in compliance with these Terms and with applicable law.

In particular, the following activities are not permitted:

• Accessing or using the CP in an unauthorized, unlawful or fraudulent manner
• Downloading, uploading or otherwise using content that infringes the intellectual property rights of SWISS KRONO or of third parties
• Uploading, storing, distributing or sending material of an illegal, harmful, threatening, libelous, obscene, or abusive nature or material that violates a person’s rights, is racist or is offensive in relation to ethnicities
• Circumventing, deactivating or otherwise impairing the security features of the CP
• Manipulating the access rights granted to you
• Uploading, sharing or transferring – either knowingly or by not taking due care – any data or materials that contain viruses, spyware, adware, Trojan horses, worms, corrupt files or any other malicious software code intended to impair the operation of the CP or the software, hardware or networks of SWISS KRONO
• Copying, modifying, duplicating, reverse compiling or reverse engineering, transferring, reissuing or otherwise exploiting or manipulating the software or source code of the CP
• Uploading, sending or otherwise distributing unsolicited communications, text messages, emails or comments
• Licensing, selling, renting, leasing, transferring, assigning, distributing, exhibiting, disclosing, otherwise commercially exploiting the CP, or otherwise making the CP available in relation to third parties, except for authorized Account users
• Insulting or abusing other persons or otherwise violating the rights of third parties (e.g. personal rights)

Any use of the CP that violates these rules will result in your access to the CP being immediately terminated or suspended. We reserve the right to delete and/or block content, behavior and entries that violate these rules. If you see these rules being violated, please inform us immediately.

INTELLECTUAL PROPERTY RIGHTS

You hereby acknowledge that SWISS KRONO is the owner of all intellectual property rights in relation to the websites, domains, sub-domains, text, graphics, logos, icons, images, brands, data sets, page layouts, underlying code, software and other content related to the CP, regardless of whether or not these rights are protected by registered interest in intellectual property (“Intellectual Property”). This does not apply to content that belongs to and is uploaded by you or other CP users.

Furthermore, by using the CP you acknowledge that such Intellectual Property is protected by applicable law, by international laws on the protection of intellectual property, and by other laws, and you hereby expressly waive any rights in relation to such Intellectual Property. Unless expressly authorized in writing by SWISS KRONO, you are not permitted to distribute, publish or duplicate the Intellectual Property, make the Intellectual Property available to the public, or commercially or otherwise exploit the Intellectual Property. Subject to these Terms, SWISS KRONO grants to you a free-of-charge, non-exclusive, non-transferable (“general”) right of use in relation to the Intellectual Property of SWISS KRONO. This right of use is required in order to register on and use the CP.

If you enter any content on the CP, and thus make this content available to us, this constitutes you granting SWISS KRONO a free-of-charge, non-exclusive and spatially unrestricted right of use in relation to this content for the duration of the period that your company uses the CP.

LIABILITY

We offer no guarantee that the CP is free of defects or flaws and we assume no liability in this regard. Furthermore, within the limits permitted by law, we offer no guarantee in relation to the suitability of the CP for a specific purpose, the accuracy of information, the compatibility of the portal, or the sufficient quality of the data. SWISS KRONO also accepts no responsibility for damage to you or your company as a result of flaws, disruptions, defects, delays in operation or in the transfer of data, outages of means of communication, theft or destruction, unauthorized access to the CP, or the unavailability of the CP that are the result of circumstances over which SWISS KRONO has no influence.

TERMINATION/SUSPENSION

SWISS KRONO is entitled – at its own discretion, without notice and to the exclusion of any liability, and for any reason, including the occurrence of technical issues, irregularities or misuse, or if third parties involved in the operation of the CP cancel or suspend their services to SWISS KRONO – to terminate the CP or parts thereof at any time or to restrict or terminate an Account or to temporarily suspend or permanently delete your Account and your permissions to access or use the CP.

HANDLING PERSONAL DATA

SWISS KRONO stores and processes personal data that you voluntarily upload or otherwise disclose in relation to your access to and use of the CP. This storage and processing are carried out in accordance with the applicable data protection regulations and to the extent necessary to operate the CP according to these Terms. No data is sold or marketed.

For further information about how your personal data is processed by SWISS KRONO and what rights you have in this regard, please refer to our data privacy statement, which is available on the CP.

ENTIRE AGREEMENT AND APPLICABLE LAW

Should individual provisions of these Terms be or become ineffective, the validity of the remaining provisions will be unaffected. In this scenario, the contracting parties are obliged to agree upon a new provision that comes as close as possible to the intended purpose of the ineffective provision. The same shall apply in the case of an omission in the provisions.

The law of the Federal Republic of Germany shall apply, to the exclusion of international private law. The sole place of jurisdiction is Berlin, Germany.

UPDATING THESE TERMS OF USE

Please note that we update these Terms from time to time. Should these Terms be updated, we will inform you of this and provide you with the most up-to-date version.

HOW TO REACH US

If you have any questions about these Terms or would like to get in touch with us, you can use the following contact details:

SWISS KRONO Tec GmbH
Kurfürstendamm 22
10719 Berlin
Germany
Email: info@swisskrono.com

Last updated: June 2022