Defined terms are used in these Terms for clarity and convenience. In addition to the terms defined herein, the terms below have the following meanings:
a. “Contents” means all information, publications, texts, images, videos, features, functions, programs, services, and other materials available on or through the Webshop.
b. “Personal Data” means all information that you provide to Umicore in connection with your use of the Webshop and that identifies, or may be used to identify, you personally, including, without limitation, your name, postal address, e-mail address, and telephone number.
d. “Schöne” means Schöne Edelmetaal BV, a Dutch company affiliated with Umicore.
e. “Umicore” means Umicore, NV/SA, a Belgian company having its registered office at 31 Rue du Marais, 1000 Brussels, Belgium, including its affiliates.
2. Acceptance of Terms.
These Terms are entered into between you and Umicore and govern your use of the Webshop. Please read these Terms carefully before using the Webshop. By using the Webshop, you accept and agree to be bound by these Terms. If you do not accept or agree to be bound by these Terms, then you may not use the Webshop.
3. Revision of Terms.
Umicore may revise these Terms at any time in Umicore’s sole discretion. Such revisions will be effective immediately when posted and apply to all use of the Webshop thereafter. Your continued use of the Webshop following the posting of any revised Terms means that you accept and agree to be bound by such Terms. You are expected to review these Terms periodically and inform yourself of any revisions.
4. Access to Webshop.
Umicore may discontinue or amend the Webshop at any time in Umicore’s sole discretion. Umicore may also withdraw, suspend, or restrict your access to all or parts of the Webshop at any time in Umicore’s sole discretion, with or without notice. Umicore shall not be liable if, for any reason, the Webshop is discontinued or amended or your access to the Webshop is withdrawn, suspended, or restricted.
The Webshop is intended solely for users who are 18 years of age or older. It is a violation of these Terms for anyone under 18 years of age to use the Webshop. By using the Webshop, you represent and warrant to Umicore that you are 18 years of age or older.
5. Personal Data.
6. Account Security.
If you choose or are provided with a username, password, or other log-in information in connection with your use of the Webshop, then you must treat such information as confidential and not disclose it to any other person or entity. You will be responsible for maintaining the confidentiality of your log-in information and for any and all actions taken using such information. You must notify Umicore immediately of any unauthorized use of your log-in information. Such notifications must be sent to Umicore Data Protection Manager, rue du Marais 31, 1000 Brussels, Belgium or at firstname.lastname@example.org.
7. Intellectual Property.
The Webshop and the Contents are owned by Umicore and its licensors and are protected by certain patent, copyright, trademark, and trade-secret laws. Using the Webshop or the Contents in breach of these Terms may result in a violation of such laws. No right, title, or interest in or to the Webshop or the Contents is transferred to or acquired by you as a result of your use of the Webshop or the Contents.
You may not copy, reproduce, distribute, modify, create derivative works of, display, perform, republish, download, store, or transmit any part of the Webshop or the Contents without the prior written consent of Umicore, except as follows:
a. your computer and other electronic devices may temporarily store copies of the Webshop and the Contents in RAM incidental to your use of the Webshop and the Contents;
b. you may store files that are automatically cached by your internet browser to enhance the display of the Webshop and the Contents;
c. you may download and print one copy of the Webshop and the Contents for your own personal use and not for further reproduction, publication, or distribution;
d. you may download applications from the Webshop to your computer and other electronic devices for your own personal use, provided you accept and agree to be bound by the applicable end-use license agreements; and
e. you may enable your computer and other electronic devices to interact with social media features provided on the Webshop.
If you make a copy of the Webshop or the Contents, then you may not subsequently modify that copy or delete or alter any copyright, trademark, or other proprietary rights notice from that copy. If you use, copy, or modify the Webshop or the Contents in breach of these Terms, then: (i) your right to use the Webshop and the Contents will cease immediately; (ii) you must, at Umicore’s option, return or destroy any copies of the Webshop or the Contents that you have made; and (iii) you may be subject to civil and criminal penalties. If you wish to use the Webshop or the Contents other than as set forth in this Section, please contact Umicore Group Communications at email@example.com.
8. Trademarks and Service Marks.
The Umicore name, the Umicore logo, and all related names, logos, and designs on the Webshop are among the trademarks and service marks owned by Umicore. You may not use such marks without the prior written consent of Umicore n.v./s.a. If you wish to obtain such consent, please contact Umicore’s Legal Department at firstname.lastname@example.org. All other trademarks and service marks on the Webshop are the property of their respective owner and may not be used without the prior written consent of such owner.
All copyrighted and copyrightable materials on the Webshop, including, without limitation, the Contents, are copyrighted, ALL RIGHTS RESERVED, by Umicore or its licensors. Except as set forth in these Terms, you may not copy, reproduce, distribute, modify, create derivative works of, display, perform, republish, download, store, or transmit such materials without the prior written consent of Umicore or its licensors. If you wish to obtain such consent, please contact Umicore Group Communications at email@example.com.
Umicore respects the intellectual property of others. If you believe that the Webshop or the Contents infringe on your or a third party’s intellectual property rights, then please notify Umicore Legal Department at firstname.lastname@example.org. It is the policy of Umicore to discontinue the accounts of users who repeatedly post infringing material.
10. Prohibited Uses.
You may only use the Webshop for lawful purposes and in accordance with these Terms. You may not use the Webshop:
a. in any way that violates applicable laws, rules, or regulations;
b. to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set forth herein;
c. to transmit or cause to be transmitted any advertising or promotional material, including junk mail, spam, or similar solicitation;
d. to impersonate or attempt to impersonate Umicore, a Umicore employee, or any other person or entity; or
e. in any way that restricts or interferes with another party’s use or enjoyment of the Webshop or that, in Umicore’s sole discretion, may harm Umicore, the Webshop, or users of the Webshop.
You also agree not to:
f. use any robot, spider, or other automatic device, software, or means to access, use, or copy the Webshop or the Contents;
g. introduce any malicious software, including, without limitation, viruses, Trojan horses, worms, logic bombs, to Umicore, the Webshop, or users of the Webshop;
h. gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Webshop, the Contents, the server on which the Webshop is hosted, or any server, computer, or database connected to the Webshop; or
i. attack the Webshop with a direct or distributed denial-of-service (“DoS”) attack.
You may link to the Webshop only if you do so in a way that:
a. complies with these Terms;
b. does not interfere with, damage, or disrupt the Webshop;
c. does not portray Umicore or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner; and
d. does not suggest any association with, approval of, or endorsement by Umicore without its prior written consent.
The Webshop may also contain links to third-party sites. These links are provided for your convenience only and their inclusion does not imply any association with, approval of, or endorsement by Umicore, except as specifically stated. Umicore has no control over such sites and makes no representations or warranties about the functionality or contents of such sites. You use any such sites at your own risk and Umicore is not responsible for any loss or damage that may arise from your use of such sites. Please be aware that when you leave the Webshop, these Terms no longer apply and you should review the terms and conditions applicable to the linked third-party site.
12. Reliance on Contents.
The Contents are provided for general information purposes only. Umicore does not represent or warrant the accuracy, completeness, or usefulness of the Contents. Any reliance you place on the Contents is strictly at your own risk. Umicore disclaims all liability arising from any reliance placed on the Contents by you or anyone who may be informed of their content.
The Webshop may contain Contents provided by third-parties, including licensors, syndicators, aggregators, and reporting services. All statements provided in such Contents, other than those provided by Umicore, are solely the statements of the party providing them. Such statements do not necessarily reflect the opinion or position of Umicore. Umicore is not responsible for the content or accuracy of any Contents provided by third-parties.
13. Precious Metal Prices.
The Webshop may contain information regarding precious metal prices. Such information:
a. is provided for general information purposes only;
b. may not be provided in real-time;
c. is not and should not be construed as an offer to sell, or a solicitation of an offer to purchase or subscribe to, any investment; and
d. is based on information that Umicore has obtained from sources that it believes to be reliable, but Umicore has not independently verified.
Umicore makes no representations or warranties regarding the accuracy or completeness of such information. Nor does Umicore make any representations or predictions about: (i) the future value of any precious metal referenced in such information: (ii) investors’, buyers’, or lessors’ ability to earn a profit on any precious metal; (iii) or investors’, buyers’, or lessors’ ability to liquidate any precious metal.
14. Forward-Looking Statements.
The Webshop and the Contents may contain statements that constitute forward-looking statements within the meaning of certain securities laws. Such statements may be identified by the use of words such as “believe,” “expect,” “plan,” “may,” “should,” and “anticipate.” Forward-looking statements include statements made about future plans, projects, costs, expenses, sales, earnings, and market trends. Such statements are based on Umicore’s reasonable expectations. However, future developments may cause actual results to differ significantly from such expectations. Umicore has no obligation to update any forward-looking statement to reflect developments that occur after the date such statements were made.
15. Disclaimer of Warranties.
Umicore does not represent, warrant, or guarantee that any file available for download from the Webshop will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for virus, data, and privacy protection. You are also responsible for maintaining a means, other than the Webshop, to reconstruct any lost data. You also acknowledge that, in general, the transmission of information over the internet is never completely secure, private, or confidential. Therefore, you agree that any information that is sent to or received by the Webshop may be intercepted, decrypted, consulted, and used by third parties, even if the exchange of such information is encrypted.
Umicore shall not be liable for any loss or damage caused by a virus, DoS attack, or other technologically harmful material that may infect your computer, device, programs, software, or data due to your use of the Webshop or any website linked to the Webshop. Your use of the Webshop and the Contents is at your own risk. The Webshop and the Contents are provided “AS IS” and “AS AVAILABLE,” without any representations or warranties. Umicore hereby disclaims all representations and warranties of any kind, whether express or implied, related to the Webshop and the Contents, including, without limitation, the implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
Neither Umicore nor anyone associated with Umicore represents or warrants that: (i) the Webshop or the Contents will be accurate, complete, useful, reliable, error-free, or interrupted; (ii) any defects on the Webshop will be corrected; or (iii) the server that hosts the Webshop will be available or free from viruses or other harmful components.
16. Limitation of Liability.
Neither Umicore nor any of its shareholders, directors, officers, employees, agents, successors, assigns, licensors, insurers, or service providers shall be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Webshop, the Contents, or any Webshop linked to the Webshop. Umicore hereby disclaims all direct, indirect, special, incidental, consequential, and punitive damages, including, without limitation, loss of use, loss of goodwill, loss of data, caused by your use or inability to use the Webshop, the Contents, or any Webshop liked to the Webshop, even if such damages were foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You shall indemnify, defend, and hold Umicore, including its shareholders, directors, officers, employees, agents, successors, assigns, licensors, insurers, and services providers, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or use of the Webshop, including, without limitation, your use of the Contents.
18. Governing Law, Jurisdiction, and Venue.
These Terms are governed by the laws of Belgium. Any conflict, controversy, or dispute regarding the Webshop, the Contents, or these Terms must be resolved in accordance with such laws and exclusively in a court of competent jurisdiction located in Brussels, Belgium. You hereby consent, irrevocably and unconditionally, to the jurisdiction and venue of such courts.
19. Waiver and Severability.
If any provision of these Terms is deemed by a court of competent jurisdiction to be invalid or unenforceable, then it will be severed from these Terms and the legality, validity, and enforceability of the remaining provisions will not be affected thereby. Any delay or failure to enforce any provision of these Terms will not constitute a waiver thereof or of any other provision.
20. Entire Agreement.
These Terms constitute the entire agreement between you and Umicore regarding the Webshop and the Contents and supersedes all prior agreements and understandings, whether oral or written, with respect thereto.
21. About Umicore.
Umicore is a global materials technology and recycling group. Umicore, NV/SA is headquartered in Brussels, Belgium, and its securities are listed on the Euronext Brussels Exchange (EBR: UMI). The Belgian Financial Services and Markets Authority (FSMA) is responsible for supervising the financial markets and listed companies on the Euronext Brussels Exchange. The FSMA can be contacted through its website at www.fsma.be. The corporate entity Umicore, NV/SA is also registered with the Crossroads Bank of Enterprises under number 0401.574.852. For further information, please contact Investor Relations at email@example.com.