Terms and Conditions
1.1 The definitions used below in these terms and conditions have the following meaning, unless the specific context provides other definitions:
“Collabo” means Collabo IVS, company reg. (CVR) no. 37 04 40 75, Adelgade 61, 4th, DK-1304 Copenhagen.
“Terms” means these terms and conditions (as amended from time to time) and any other document referred to in these terms and conditions or otherwise made available by Collabo on the Website.
“User” means any person who uses or visits the Website (irrespective of the intention behind and irrespective of the way in which the use or visit has taken place) and/or who registers a profile on the Website. To the extent a User is an employee or a representative of a legal person, such the relevant legal shall also be considered a “User” as set forth in these Terms.
“Website” means www.myCollabo.com, www.getCollabo.com, all related websites as well as any other websites managed by or associated with Collabo.
2.1 These Terms apply to the relationship between Users and Collabo in connection with a User setting up a profile on the Website and thus accepting these Terms.
2.2 If a User does not accept these Terms, such person must refrain from registering a profile or in any other way use the Website.
2.3 Collabo reserves the right to make amendments to the Website and these Terms at any time. Users are responsible for keeping up to date with these Terms.
2.4 Any use of the Website is subject to the Terms applicable at the time. Any change or amendment will apply from the point of time at which Collabo introduces such changes to the Website. Any User consents to being bound by any amendment to the Terms by using the Website.
2.5 These Terms are effective from 7 September 2016.
3.1 With the Website, Collabo provides the User with a platform that facilitates supplier performance management. The Website provides access to certain information enabling the User to get full overview of its suppliers’ performance etc. The Website provides access to certain information enabling the User to get full overview of its product portfolio, status on current productions in progress, statistics about suppliers’ performance in general and order-specific, along with enabling sharing of certain information among Users.
4. Duties of the User
4.1 The User shall use the Website only in accordance with the Terms and applicable laws and regulations. The User accepts to follow any of Collabo’s instructions from time to time with regard to the use of the Website if such instructions are submitted to the User.
4.2 The User is solely responsible for any information and undertakes to analyse and critically assess its content prior to having it submitted, sent, published, distributed or otherwise transferred to third parties.
4.3 The User accepts and acknowledges that it does not own any of the information provided by Collabo. The User has the right to publish, reproduce, distribute and otherwise transfer the information to third parties. However, Collabo assumes no liability for the correction and precision of the information.
4.4 The User must comply with applicable law and general practices from time to time in relation to the Website, Collabo and other Users.
5.1 By registration for a Collabo account on the Website, the User undertakes to pay the fees, including VAT, for the services provided by Collabo as set out below or as otherwise changed from time to time by Collabo.
5.2 The User will be charged a service fee from Collabo for facilitating the contact between Users via the Website. The service fee will be billed when the service is supplied and ready for use.
5.3 Collabo will invoice on a semi-annually or annually basis in accordance with the services subscribed for by the User. VAT will be added to the fee to the extent required under the Danish Act on VAT. Collabo’s terms of payment are 14 days from the invoice date. The terms of payment are specified in the invoice.
5.4 A User’s deletion of an account on the Website does not exempt such User from the obligation to pay the semi-annually or annually fee for the commenced half-year or year.
5.5 In case of late payment, interest will be added in accordance with the Danish Interest Act.
6. Undertakings, Obligations etc.
6.1 Upon registration on the Website, as well as any time thereafter, each User represents and warrants the following:
- That all information provided to Collabo is accurate and correct in all regards and that they are up-to-date and not misleading in any way;
- that you will maintain and update such information as it changes;
- that you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use;
- that you will maintain the security of your Collabo account, take responsibility for all activities that occur using your account, and accept all risks of unauthorized access resulting from your acts or omissions. You will not share your username and password with any other person;
- that no marketing or advertising, neither direct nor indirect, takes place via your profile on the Website, except for the purpose of using the Website pursuant to these Terms;
- that you will refrain from participate in any behavior that will result, or is likely to result, in (i) violation of applicable law, (ii) violation of any agreement, schemes, or obligations towards any third party, or (iii) regulatory or ethical conflicts;
- that you will (i) comply with applicable law, (ii) not participate in activities or conduct that constitutes a violation of applicable law, and (iii) not take, or fail to take, any action which would cause or lead to Collabo or any third party being in violation of applicable law;
- that any use of information to which the User has been given access via the Website, including other Users’ contact details and other data, is prohibited, unless the purpose of such contacting, or attempt to contacting, Collabo or other Users is in connection with services offered via the Website;
- that, to the extent a User is an employee or a representative of a legal person, such User acknowledge and accept to be personally bound by Collabo’s conditions of payment and undertakes the obligation to pay any and all fees associated with the usage of the Website accordingly should the relevant legal person fail to make payments or otherwise adhere to the obligations as set forth in these Terms; and
6.2 Each User acknowledges and accepts that Collabo, provided that Collabo has reasonable suspicion of any violation of the above-mentioned undertakings, obligations etc., is entitled to review the User’s activities on the Website with a view to determine whether the User in question is in breach of one or more of the undertakings, obligations etc. mentioned above.
7. Intellectual Property Rights
7.1 Any and all intellectual property rights connected to the Website or other services provided by Collabo, including patents, trademarks, domain names, copyrights, design rights, software, trade secrets, and knowhow, belong to Collabo with all rights reserved.
7.2 Each User warrants that no confidential, private or secret information that may offend, appropriate without authorization or conflict with any intellectual property rights belonging to any third party is disclosed to Collabo or to the Website, and each User accepts to indemnify and hold Collabo harmless from and against any liability that Collabo may incur in connection with any claims made against Collabo based on allegations that the information which the User in question has disclosed to Collabo or to the Website is in breach of any intellectual property rights or other property rights belonging to any third party.
8.1 Each User acknowledges and accepts (i) that any confidential information regarding Collabo that is disclosed to the User, or which in any other way is made available via the Website, in accordance with these Terms, is to be regarded as the sole property of Collabo, and (ii) to keep such information confidential and not disclosed it to any third party, with the exception, however, of when publication is required by applicable law, provided that the User in question (a) to the extent possible, notifies Collabo in writing of the information which is to be made public and of the circumstances in which disclosure is claimed to be necessary as early as possible prior to making such disclosure, and (b) takes all reasonable precautions in order to avoid and limit disclosure.
8.2 Collabo undertakes to keep any information provided by any User confidential at all times.
9. Data Protection
9.1 Collabo must at all times comply with applicable law on data protection and protection of privacy regarding the processing of personal data of Users. When applying this provision, the term “personal data” has the same meaning as the equivalent term in the Danish Act on Processing of Personal Data (in Danish: “persondataloven”).
9.2 Collabo is entitled to store and process personal data or other information submitted by a User, e.g. name, contact information and personal and professional information registered into the platform, for the purpose of administering and improving the User’s participation in and use of the platform.
9.3 Each User acknowledges and accepts that under certain circumstances, Collabo may be under an obligation to pass on personal data to third parties, e.g. in order to comply with applicable law or to protect and defend Collabo’s property rights, provided that the relevant third party receiving the information is bound by confidentiality.
9.4 Manipulation or attempt of manipulation of information on the Website or other information or documentation provided by Collabo is unlawful and will be reported to the competent authorities.
11.1 When a User discloses personal information to Collabo, Collabo might send such User newsletters and other messages to the User’s email address, provided that Collabo deems it to be relevant.
11.2 The User may at any time unsubscribe from newsletters by clicking the unsubscribe link in the newsletter or notifying Collabo via email.
12.1 Collabo is solely to be regarded as a provider of a platform for Users facilitating contact between Users, and Collabo assumes no obligations of any kind unless otherwise provided in these Terms. Any use of the Website takes place at the Users’ risk.
12.2 Collabo cannot and must not be held responsible for any direct or indirect damages originating in connection to any use of the Website, and Users shall refrain from making any claims against Collabo in this regard.
12.3 Unless otherwise provided in these Terms, Collabo cannot and must not be held responsible for any loss, damages, costs, expenses, or any other claims, including operating loss, loss of orders, loss of proceeds, loss of goodwill, loss of data or information, particular or indirect losses, consequential loss, or other losses originating in connection with these Terms.
12.4 Collabo does not assume any liability towards the Users regarding the content or links made available on the Website.
12.5 Collabo does not assume any liability towards a User in case of force majeure, including but not limited to war, riot, mobilisation, rebellion, strikes, lockouts, fires, natural disaster, currency restrictions, import or export restrictions, interruption of or failure with the energy supply or IT system failure, or other unforeseen events which could not be reasonably anticipated or which is outside Collabo’s control.
12.6 Collabo does not assume any liability for tax or VAT related consequences to the Users’ use of the services on the Website, and Collabo is not obligated to handle filling out or reporting to the Central Tax Administration (in Danish: “SKAT”) on behalf of any Users. The liability of any tax related issue remains with the Users and is of no concern to Collabo.
12.7 Each User accepts that Collabo is not liable for any loss or failure of it systems (irrespective of the cause), nor can Collabo be held liable for any costs, expenses, losses or damages, irrespective of whether the cause is a defect or failure in the transfer of it systems. Collabo must, to the best of Collabo’s ability, endeavor to remedy such faults, defects, losses or failures as quickly as possible.
13.1 Collabo may transfer all or part of Collabo’s rights and/or obligations under the Terms to any affiliated company without the User’s consent.
13.2 No User may transfer its rights and/or obligations under the Terms to any other party without Collabo’s prior written consent.
14. Partial Invalidity
14.1 In the event that any provision in the Terms or the application thereof is declared or deemed invalid or unenforceable, partially or fully, such provision will be regarded as being separated and will not affect the validity and enforceability of the remaining provisions of the Terms.
15. Commencement and Termination
15.1 These Terms come into force at the time of your acceptance and will continue to be in force until termination either by you or by Collabo pursuant to this clause 15.
15.2 The User may terminate these Terms at any time by deleting his or her profile on the Website, with or without cause, or by a written request to Collabo.
15.3 Collabo may at any time terminate any User’s profile on the Website and these Terms, with or without cause, by written notice to the relevant User’s email address or other contact information provided.
15.4 On termination pursuant to this clause 15, clauses 6, 7, 8, 12 and 16 remain in force.
16. Governing Law and Venue
16.1 These Terms are subject to Danish law and are to be construed pursuant thereto without consideration of any conflicts between statutory provisions.
16.2 Any dispute that might arise from these Terms is subject to the jurisdiction of the City Court of Copenhagen, Denmark.
17. Contact Information
17.1 Collabo may be contacted at:
Adelgade 61, 4. th., DK-1304 Copenhagen K
Phone: +45 60 14 94 16