ACCOUNT TERMS AND CONDITIONS – DOMETIC B2B E-COMMERCE PORTAL
The materials and information on this portal business.dometic.com (the "Portal") are provided by Dometic Group AB (publ) ("Dometic" or "We"). By creating an account and accessing the Portal you (a) confirm that you are authorized to represent the customer (the "Customer"), and (b) agree that the Customer shall be bound by these terms and conditions (the "Account T&Cs").
The Customer is the contracting party in relation to the Account T&Cs, and shall be responsible to comply with the Account T&Cs.
For information on how Dometic processes personal data, please refer to our Privacy Notice
3. Dometic Intellectual Property and Compliance with Laws
All content included on the Portal, such as text, graphics, logos, trademarks, icons, images, film and audio clips and software are the property of Dometic or its content suppliers and is protected by Swedish and international copyright and other intellectual property laws and treaty provisions. Unauthorized use or distribution of any such content may violate copyright, trademark, and/or other intellectual property rights or other laws and is subject to civil as well as criminal sanctions.
The Portal or any portion of the Portal shall not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial use that is not expressly permitted by Dometic.
The Customer shall not modify, use or transfer the information for any commercial purposes; nor remove any copyright or other proprietary notices from the information. The Customer agrees to prevent any unauthorized copying of the materials and to ensure that all employees, including Authorized Staff, of the Customer's organization adheres to these limitations.
The Customer shall at all times comply with applicable laws and regulations, including those related to copyright and other intellectual property rights.
Dometic does not grant any expressed or implied right to the Customer under any intellectual property rights such as patents, copyrights, trademarks, designs or trade secret information.
The Customer acknowledges and agrees that the Customer shall not apply to register any intellectual property including, for the avoidance of doubt, domain names or social media accounts or usernames containing Dometic trademarks (alone or in combination with anything else).
4. Customer’s Responsibilities
The Customer agrees that all Staff Accounts are personal and each Staff Account shall only be used by one (1) employee at the Customer in order to comply with Section 2 of the Account T&Cs.
The Customer shall not share any information obtained from the Portal or account specific information, and shall store account information, including Staff Accounts information, in a safe environment. Dometic assumes no liability for potential loss, damages or third-party claims in relation to loss of account information, including Staff Accounts information, or password.
The Customer shall have no right to (i) share accounts or Staff Accounts, or (ii) subcontract, transfer or assign any rights or obligations under these Account T&Cs, in whole or in part, to anyone without prior written consent of Dometic.
The Customer shall keep confidential and not disclose any Confidential Information (defined below) to anyone other than its employees or Authorized Staff who have a legitimate need to know the Confidential Information in connection with these Account T&Cs unless: (a) it obtains the prior written consent of Dometic; or (b) such disclosure is required by applicable laws or regulations, provided however that the Customer shall promptly notify Dometic thereof so that Dometic may, if it so elects, seek a protective order or other appropriate relief. Under the circumstances described in sub-Section (b), the Customer shall, at Dometic’s expense, if requested by Dometic, reasonably cooperate with and assist Dometic in obtaining relief and in limiting any required disclosures.
The term “Confidential Information” shall mean all non-public and proprietary technological, business, marketing, financial and other information, including but not limited to prices, Customer specific data provided or displayed on the Portal, products, software, names, addresses, related to Dometic and/or its affiliates, whether communicated in writing, verbally, visually or by electronic means, and whether disclosed prior to or after the execution of these Account T&Cs.
The Confidential Information shall not include information that, as proven by the Customer, (a) is in, or has come into, the public domain through no fault of the Customer; or (b) was lawfully disclosed to the Customer by a third party not bound by a duty of confidentiality; or (c) was independently developed by the Customer not in breach of these Account T&Cs.
The Customer shall only utilize the Confidential Information for the purpose of fulfilling its obligations under these Account T&Cs and under no circumstances for its own, direct or indirect, benefit or for benefit of any third party. All rights in and to any Confidential Information shall remain the property of Dometic and nothing in these Account T&Cs shall be construed to create a license to use any Confidential Information by the Customer or any third party, except as expressly provided in these Account T&Cs.
As soon as reasonably practicable following a written notice from Dometic, the Customer shall (a) return the Confidential Information to Dometic; or (b) destroy the Confidential Information and send a written confirmation of such destruction to Dometic.
If the Customer breaches the confidentiality obligation as set forth herein, Dometic may, in addition to the rights granted under these Account T&Cs, seek legal remedies available under applicable laws, including, without limitation, specific performance or other injunctive relief, without the need to provide any security or prove damages.
The confidentiality obligation shall be valid for a period of five (5) years from the date any Confidential Information is disclosed under these Account T&Cs, provided that the obligations for any trade secrets shall survive until their expiration.
6. Disclaimer of Warranties
The information and data contained on the Portal is provided "as is" without any expressed or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In case Dometic is linking to website of a third party, such linking is for the convenience of users only and Dometic shall have no liability for the content or accuracy of information contained in such website.
In no event shall Dometic be liable for any damages, losses or expenses ("Losses") whatsoever including, without limitation any loss of profits, business interruption, or loss of information, arising out of the use of or inability to use the information or the Portal, even if the Customer or Dometic have been advised of the possibility of such Losses.
Dometic further does not warrant the accuracy or completeness of the information, text, graphics, links or other items that may be contained on the Portal. Dometic may make changes to this content, or to the products described therein, at any time without notice. Dometic makes no commitment to update the information or other materials entered in this Portal.
The Customer agrees to indemnify and hold Dometic harmless from any and all costs, losses, damages, claims or demands, including reasonable attorneys’ fees, due to or arising out of:
a) breach of these Account T&Cs by the Customer;
b) violation of any law or the rights of a third party by the Customer or Authorized Staff;
c) the use of any Staff Account; or
The Customer shall promptly notify Dometic in writing upon the Customer becoming aware of any third party claims and shall cooperate with Dometic at the Customer's sole cost and expense. Dometic shall have the right to take control of the defence and investigation of any such claims and shallemploy counsel of Dometic's choosing to handle and defend such claims at the Customer's sole cost and expense.
8. Term and Termination
These Account T&Cs shall be effective on the date of the Customer's completed registration and continue until terminated by either party in accordance with the below.
The Customer may cancel its access to the Portal at any time by contacting the Dometic support:
Dometic has the right, without limiting any other potential remedies to terminate and/or block the Customer's access to the Portal for any reason (including for the avoidance of doubt any and all Staff Accounts), without notice at any time (except where required by mandatory law).
Dometic shall not be liable for any compensation or any damages incurred in connection with the termination of these Account T&Cs and/or any or all Staff Accounts.
Upon termination by either party of these Account T&Cs, all rights granted to the Customer shall cease immediately, and any Confidential Information in the Customer's possession shall be, in Dometic's sole discretion, returned or destroyed.
Dometic reserves in its sole discretion the right to revise these Account T&Cs at any time by posting updates on the Portal. The Customer is obliged to keep it and its employees, including Authorized Staff, continuously informed of the obligations set forth herein. Dometic further reserves in its sole discretion the right to (i) monitor and remove information, data and postings on the Portal; and/or (ii) discontinue the Portal's availability at any time without notice.
If any term, condition, or provision of these Account T&Cs is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
10. Governing Law and Dispute Resolution
The Portal is controlled, operated and administered by Dometic from its offices in Sweden. Dometic makes no representation nor shall have any liability for (i) that materials on the Portal are appropriate or available for use at other locations outside of Sweden and (ii) that access to the materials from such other territories may be prohibited. If the Customer or Authorized Staff access this Portal from locations outside of Sweden, the Customer are solely responsible for the use thereof in compliance with all applicable laws and regulations.
The laws of Sweden shall govern these Account T&Cs, without giving effect to its conflict of laws provisions.
Any dispute, controversy or claim arising out of or in connection with these Account T&Cs, or the breach, termination or invalidity thereof, shall be finally settled by arbitration conducted in accordance with the Arbitration Rules of the SCC Arbitration Institute. The arbitral tribunal shall be composed of three arbitrators. The arbitration proceedings shall take place in Stockholm, Sweden, and shall be conducted in the English language. Dometic shall also be entitled to submit any dispute to a competent court of law having jurisdiction over the Customer.