TERMS & CONDITIONS
TERMS OF USE OF LoA360 Portal of REACHLaw
1. PURPOSE of the terms and Conditions
1.1 This Terms and Conditions ("T&C") govern access to and use of LoA360 Portal of REACHLaw (“Portal”) organized and maintained by REACHLaw Ltd. (“REACHLaw”) to the user, in particular, legal entity, duly registered on the Portal (“User” or “Users” for multiple legal entities).
1.2 The purchase of the rights to refer to the Information, in particular Letter of Access (“LoA”) shall be governed by a separate Agreement (“LoA Agreement”) between the users and the party having all required rights to the Information in question, such as lead registrants, data owners, data holders or other relevant third parties.
2. Portal SERVICES
2.1 Pursuant to the T&C, REACHLaw grants the User the rights to use the Portal (“Use Rights”). The Use Rights are non-exclusive and non-transferable and are provided for the purpose of accessing and using the Portal.
2.2. The User is not allowed to share its Use Rights with anyone, except selected users inside its organisation (“Individual Users”) to the extent permitted by the applicable law. The Individual Users shall be bound by the same T&C and adhere to the rules set out herein. The User is fully responsible for the access and use of the Portal and /or Information therein by its selected individual users.
2.3 To access and use the Portal, the User must complete and comply with the following steps:
(i) Create a User account by registering on the Portal. The account shall be created individually per each User and the details of the account shall not be shared with anyone, except Individual Users as set forth in the Article 2.2. Whenever the Portal is accessed with the registered credentials, REACHLaw will identify the User by the used credentials. For that reason, the User shall treat its account login details with due care and the details of the account shall not be shared with anyone.
(ii) explicitly consent with these T&C and other related terms and conditions as specified in the Privacy and Personal Data Section of this T&C.
3. Obligations of the User
3.1 The User agrees to use this Portal and the Information therein in accordance with the T&C herein, adhering to generally acceptable good practice and in accordance with the purpose specified in the Article 3.2.
3.2. The User shall use this Portal solely for the purpose of reviewing and getting legitimate access to the information by purchasing the necessary use rights or rights to refer to the information via a separate LoA Agreement pertinent to ensuring compliance with the legal requirements outlined in the applicable legislation on chemicals.
3.3 The rights to the Information obtained via separate LoA Agreement are duly set therein. These T&C shall not be applied or interpreted in detriment to the LoA Agreement.
3.4 The User is responsible to REACHLaw for any violation of the T&C, whether committed directly by the User or through its individual users, when accessing and using the Portal, without detriment to the User’s liability under applicable laws.
3.5 User shall indemnify, defend and hold REACHLaw harmless against all and any claims, demands, damages, losses and expenses (including attorney’s fees) arising out of or in connection with any damage or inquiry suffered by REACHLaw or any of its employees and either directly or indirectly arising or resulting, or alleged to arise or result, from the User’s access or use of the Portal or Information contained therein, and / or in relation to any lawsuit, action or claims made or brought against REACHLaw by a third party resulting from or connected with use of the Portal and / or Information therein against or in violation of the T&C.
4. WARRANTies
4.1 Access to and use of the Portal and / or Information therein are provided on "as-is" to the fullest extent permitted by applicable law and without detriment to the LoA Agreement:
(i) REACHLaw disclaims all warranties, expressed or implied, with respect to the Portal and / or Information therein, including without limitation any implied warranties or merchantability or fitness for a particular purpose, or arising as a result of custom or usage in the trade or by course of dealing or that Portal and /or Information will be accurate, fully comprehensive, or free from errors;
(ii) The User acknowledges and accepts all risks related to accessing and utilizing the Portal and / or Information, and REACHLaw does not offer any warranties concerning their accuracy, quality, or reliability;
(iii) REACHLaw reserves the right to change the Portal and the Information therein without any prior notice to the User;
(iv) REACHLaw does not guarantee uninterrupted or free from any errors access to the Portal and / or Information therein;
(v) REACHLaw cannot guarantee the security or integrity of the data provided by the User during registration and use of the Portal. REACHLaw shall make commercially reasonable efforts to restore any lost, damaged, or corrupted data; however, such restoration shall be the sole and exclusive remedy available to the User in the event of data loss or damage.
4.2 The Portal and / or Information therein may include links or references to third-party websites. REACHLaw assumes no obligation or responsibility for the use of such links, references, websites, and / or the information obtained through them.
4.3 REACHLaw guarantees that it holds lawful ownership of the Portal, or in cases where it is not the lawful owner, it possesses all the necessary rights to provide access to and allow usage of the Portal by the Users.
5. CONFIDENTIALITY
5.1 All Information herein shall be treated as confidential (“Confidential Information”), except as specified in the Artcile 5.3 below. The confidentiality obligations herein shall apply without detriment to the LoA Agreement between the User and the relevant third party.
5.2 The User is expected to take reasonably diligent measures to safeguard the Confidential Information.
5.2 Information shall cease to qualify as Confidential Information if (i) publicly available without breach of these T&C, (ii) rightfully obtained by the Customer from another source without a duty of confidentiality, (iii) independently developed by the Customer, (iv) already in the Customer's possession without a duty of confidentiality, or (v) required to be disclosed under applicable law provided the Customer has been given REACHLaw reasonable advance notice to object to such disclosure.
5.3 Confidential Information shall no longer be considered as such if the User can demonstrate that it meets any of the following conditions: (i) it becomes publicly available without any violation of these T&C, (ii) the User independently develops the information, (iii) the User obtains it from another source in a lawful manner without any obligation of confidentiality, (iv) the User has to disclose the information under applicable law, provided that REACHLaw receives reasonable advance notice to object the disclosure, and / or (v) the User already possesses the information without any duty of confidentiality.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The User agrees that all ownership, rights, interests etc. related to the Portal and the Information therein remain an exclusive intellectual property of REACHLaw.
6.2 Registration, access and use of the Portal does not grant any ownership rights or change existing ownership rights to any of the Information provided under LoA Agreement.
6.3 The User agrees not to (i) change, copy, or create new works based on the Portal and / or Information therein; (ii) try to understand the inner workings of the software of the Portal (software) and / or Information therein; or (iii) remove, hide, alter, or obscure any notices of copyright or trademark, legends, or any other notices of ownership related to the Portal.
7. PRIVACY AND PERSONAL DATA
The User bears the obligation to guarantee that (i) its specific personal details (contact information etc.), provided to REACHLaw when accessing and using the Portal ("Personal Data"), adhere to the applicable regulations pertaining to data protection, and (ii) individual users are aware of the corresponding data protection regulations.
PLEASE READ THE PRIVACY POLICY AND COOKIE NOTICE FOR LOA360 PORTAL OF REACHLAW LTD.
8. LIABILITY
8.1 In compliance with the maximum extent permissible by the applicable law, it falls to the User to utilize the Portal at their sole risk.
8.2 Under no circumstances is REACHLaw to be held accountable for any manifestation of damages, direct or indirect in nature (inclusive of but not constrained to loss of profits, diminution of revenues, forfeiture of opportunity, loss of data, attrition of clientele, among others) that stem from the User's accessibility and engagement with the Portal and / or Information therein.
9. TERMINATION
REACHLaw reserves the right to, forthwith and without any preceding notification, suspend the User's account if the User is found to be in violation of these T&C or for any other justifiable and substantiated cause.
10. Amendments to Terms and Conditions
10.1 Right to Amend: REACHLaw reserves the right to modify these Terms and Conditions at any time.
10.2 Minor Changes: Minor modifications will become effective upon posting the updated Terms and Conditions on the LoA360 Portal. No additional notification is required for these changes.
10.3 Significant Changes: Users will be notified via email of any significant changes to the Terms and Conditions. Continued use of the LoA360 Portal after being informed of such changes will constitute your acceptance of the new terms, unless expressly stated otherwise.
10.4 Consent for Significant Updates: In some instances, as specified in Section 10.3, users may be required to expressly accept the new terms before they can continue using the portal. This requirement will be clearly communicated in the email notification. Refusal to accept the modified version of the T&C will result in the User’s loss of rights to access and use the Portal.
11. final provisions
11.1 These T&C shall be governed by the laws of Finland, without giving effect to any rules on conflict of laws.
11.2 Recognition of invalidity of individual provisions of the T&C shall not affect the validity of the T&C.
11.3 The use rights under these T&C may not be assigned by the User without the prior written consent of REACHLaw. REACHLaw has the right to assign its rights to a successor in kind or in title, whereas the User shall be notified without undue delay in case of such assignment.
11.4 These T&C represent an entire agreement and understanding between the User and REACHLaw in relation to the access and use of the Portal and / or Information therein.