Knowledge Hub Terms of Use
Established on October 21, 2024
This Knowledge Hub Terms of Use (hereinafter referred to as "Terms of Use") stipulates the Terms of Use for the provision of the Service and the rights and obligations between Asahi Kasei Corporation (hereinafter referred to as "Asahi") and Users. Users shall read and agree to this Terms of Use to use the Service.
Article 1 (Scope of Application)
- This Terms of Use is intended to set forth the Terms of Use for the provision of the Service and the rights and obligations between Asahi and Users with regard to the use of the Service, and shall apply to all relationships between Asahi and Users relating to the use of the Service.
- The FAQ (https://chlor-alkali.asahi-kasei.co.jp/en/solution/knowledge_hub/) which Asahi posts on Website shall be deemed to be a part of the Terms of Use.
- In the event the Terms of Use differs from the Terms of Use set forth in the preceding paragraph or any other explanation of the Service other than those set forth in this Terms of Use, the provisions of this Terms of Use shall prevail and apply accordingly.
Article 2 (Definitions)
The following terms used in this Terms of Use shall have the meanings set forth below respectively.
- "Agreement" means the agreement for the use of the Service entered into between Asahi and Users under the Terms of Use.
- "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire those rights or to apply for registration, etc. of those rights).
- "Website" means the website operated by Asahi which domain is "https://chlor-alkali.asahi-kasei.co.jp/" (including the website after the change of its domain or content for any reason).
- "Affiliates" means the following entities:
- Asahi Kasei Europe GmbH
- Asahi Kasei America, Inc.
- Asahi KASEI Technology Trading (Shanghai) Co., Ltd.
- Recherche 2000 Inc.
- R2 Intelligent Technologies GmbH
- "Users" means an individual or legal entity that has been licensed to use the Service under the Agreement.
- "Service" means the service named Knowledge Hub provided by Asahi for the provision of information relating to Asahi’s electrolyzers (including the service after the change of its name or content for any reason).
Article 3 (Application for Use)
- An individual or legal entity registered as members on our Website who wish to use the Service may apply to Asahi for the use of the Service by agreeing to comply with this Terms of Use (such individual or legal entity is hereinafter referred to as “Applicant”).
- Asahi will determine whether or not to approve the use of the Service by the Applicant in accordance with Asahi’s own standards and grant license to use the Service to Applicant if Asahi judges it appropriate. The grant of license to use the Service shall be deemed to have been completed upon the availability of access to the Service.
- Upon completion of the license stipulated in the preceding paragraph, the Agreement between Asahi and Users shall become effective, and the Users shall be entitled to use the Service in accordance with this Terms of Use.
- In the event the Applicant falls under any of the following conditions, Asahi may refuse to grant license Applicant to use the Service without obligation to disclose the Applicant any of the reasons.
- In the event of any misstatements, errors, or omissions in all or part of certain information provided to Asahi in the course of membership registration on Website (hereinafter referred to as "Registered Matters")
- A person who is a minor, an adult ward, a person under curatorship, or a person under assistance, and who has not obtained the consent of a statutory agent, guardian, curator, or assistant
- In the event that Asahi reasonably judges that the Applicant is engaged in any kind of exchange or involvement with an Anti-Social Forces, etc., such as being an Anti-Social Force (which means an organized crime group, a member of an organized crime group, a right-wing group, an anti-social force, or any other person equivalent thereto; the same shall apply hereinafter) or cooperating with or participating in the maintenance, operation, or management of Anti-Social Forces, etc., through the provision of funds or otherwise.
- If Asahi reasonably determines that Applicant has breached any contract with Asahi in the past or are a party to it
- In the event of any of the measures set forth in Article 7 against Applicant
- Otherwise, if Asahi reasonably considers as inappropriate to grant the license to use the Service
Article 4 (Prohibited Activities)
In using the Service, the Users shall not engage in any act that falls under any of the following items or which Asahi reasonably determines to be applicable.
- Acts in violation of laws or in connection with criminal acts
- Fraud or intimidation against Asahi, any other Users or any other third party
- Act contrary to public order and morality
- Acts that infringe upon the Intellectual Property Rights, portrait rights, rights of privacy, honor or other rights or interests of Asahi, other Users or any other third party
- To physically or electronically record, translate or copy all or part of the information provided by the Service, and to broadcast, transmit, distribute or otherwise transfer directly or indirectly to any third party
- Acts that place an excessive load on the network or systems of the Service
- Reverse engineering and other analysis of software or any other systems provided by Asahi
- Acts that may interfere with the operation of the Service
- Unauthorized access to Asahi’s network or systems
- Act of impersonating a third party
- Assigning or leasing its ID or passwords to a third party or sharing them with a third party
- Use of ID or passwords of other Users
- Collection of information of other Users
- Acts that cause disadvantage, loss or damage, or discomfort to Asahi, other Users or any other third party
- Acts that violate the Terms of Use posted on Website
- Acts that can be viewed as benefits to Anti-Social Forces
- Acts that directly or indirectly induce or facilitate the acts set forth in any of the preceding items
- Attempting to act in any of the preceding items
- Other acts that Asahi reasonably considers as inappropriate
Article 5 (Suspension of the Service)
Asahi may discontinue or suspend the provision of the Service in whole or in part without prior notice to the Users if any of the following applies:
- In the event of emergency inspection or maintenance of computer systems related to the Service
- In the event that the operation of the Service becomes impossible due to computer, network or communication failure, misoperation, excessive concentration of access, unauthorized access, hacking, etc.
- In the event that the operation of the Service becomes impossible due to force majeure such as an earthquake, lightning strike, fire, wind and flood damage, power outage, or natural disaster.
- Otherwise, if Asahi reasonably determines that suspension or interruption is necessary.
Article 6 (Attribution of Rights)
- All of the Intellectual Property Rights in connection with the Website and Service belongs to Asahi or those who have licensed Asahi, and the license to use the Service under the Agreement does not imply the license to use the Intellectual Property Rights of Asahi or those who have licensed Asahi in connection with Website or the Service.
- All information provided through the Service remains the property of Asahi or Affiliates. Except when using functions provided by Asahi in the Service or when obtaining separate prior written consent of Asahi, Users shall not physically or electronically record, translate or copy the Service or the software or the contents thereof (in whole or in part) or directly or indirectly, broadcast, send, transfer, lend, reprint, license or reuse the Service or the contents thereof to any third party, or input them to the generated AI (including, but not limited to, artificial intelligence, RPA, robotics, programs, software, etc.) or allow it to learn, analyze or process them.
Article 7 (Suspension of the use)
In the event that Users fall under any of the following items, Asahi may temporarily suspend the use of the Service for the Users or cancel the Users’ license to use the Service without prior notice or demand.
- In the event of a breach of any of the provisions of this Terms of Use
- In the event when the Registered Matters are determined as false
- In the event when Users do not respond to inquiries or other communications by Asahi requesting a response for more than 30 days
- In the event of a breach of any of the provisions of Paragraph 4 of Article 3 or Article 4
- Otherwise, if Asahi reasonably considers as inappropriate to continue to grant the license to use the Service
Article 8 (Period of Use and Withdrawal of the Service)
- The period of use of the Service by the Users shall be the period of provision of the Service.
- Users may cancel the Agreement by completing the withdrawal procedure for Website.
Article 9 (Change or Termination of the Service)
- Asahi may change the content of the Service or terminate the provision thereof at its sole discretion.
- In the event that Asahi terminates the provision of the Service, except in case stipulated in Article 5 and 7, Asahi shall notify the Users in advance.
Article 10 (Disclaimer)
- Asahi makes no warranty or representation, whether expressed or implied, with respect to the Service, including, but not limited to, that the Service are fit for a particular purpose of the Users; that the Service has the expected functionality, commercial value, accuracy and usefulness; that the use of the Service by Users complies with applicable laws, regulations or internal rules of any industry association; that the Service does not infringe the Intellectual Property Rights, portrait rights, privacy rights, honor or other rights or interests of any third party; that the Service is continuously available; and that the Service is free from defects.
- Asahi shall not be liable for any loss or damages incurred by Users with respect to the Service except in the event of willful misconduct or gross negligence of Asahi and Users agree to the following:
- The Service are not individually designed or customized for each Users.
- The operation of the Service may be interrupted or erroneous due to technical or other problems.
- Asahi is under no obligation to continue to develop or release any new versions of the Service.
- The information provided through the Service does not guarantee its accuracy, completeness or usefulness, nor does it guarantee the resolution of problems with the electrolyzers. Asahi assumes no responsibility for the use of such information by the Users.
- Asahi is not responsible for any loss or corruption of Users’ data.
- Asahi is not responsible for any loss or damages caused by the use of Users’ ID and password by a third party.
- Any transactions, communications, disputes, etc., arising between the Users and another Users or a third party in connection with the Service or Website shall be settled by the Users at its own responsibility.
Article 11 (Confidentiality)
Unless otherwise approved in writing in advance by Asahi, Users shall treat as confidential any information that Asahi discloses to Users in connection with the Service that is identified as confidential at the time of disclosure.
Article 12 (Handling of User’s Information)
- The handling of Users’ information by Asahi shall be in accordance with the provisions of Asahi’s Privacy Policy (https://www.asahi-kasei.com/privacy/), and the Users agree to such handling of Users’ information by Asahi when registering as a member of Website.
- Asahi and/or Affiliates may use and publish, at their discretion, the information, data, etc., provided to Asahi by the Users as statistical information in a form that does not identify the individual, and the Users shall not object to this.
Article 13 (Changes to Terms of Use)
- Asahi may amend this Terms of Use if deemed necessary.
- In the event of any change in this Terms of Use, Asahi shall notify the Users of the effective date and contents of these Terms of Use by posting them on Website or by any other appropriate method.
- In the event of any change of this Terms of Use which requires the consent of the Users pursuant to the laws and regulations, Asahi shall obtain the consent of the Users in the manner prescribed by Asahi.
Article 14 (Notice)
- Inquiries about the Service and other communications or notices from the Users to Asahi, and notifications of changes to this Terms of Use and other communications or notices from Asahi to the Users shall be made in the manner prescribed by Asahi.
- In the event that Asahi contacts or notifies using e-mail addresses or other contact included in the Registered Matters, Users will be deemed to have received such contact or notice.
Article 15 (Assignment)
- Users shall not assign, transfer, pledge, or otherwise dispose of its position under the Agreement or its rights or obligations under this Terms of Use to any third party without Asahi’s prior written approval.
- In the event the business related to the Service is transferred to other third party, the positions under the Agreement, the rights and obligations under this Terms of Use, registration of Users, and other customer information may be transferred to the assignee of the relevant business transfer, and the Users shall be deemed to agree to such transfer in advance in this paragraph. The business transfer set forth in this paragraph shall include not only the ordinary business transfer, but also the company split and any other cases in which the business is transferred.
Article 16 (Severability)
If any provision of this Terms of Use, or any part thereof, is held to be invalid or unenforceable by any law or regulation, the remaining provisions of this Terms of Use and the remaining part of the provisions shall continue in full force and effect.
Article 17 (Governing Law and Dispute Resolution)
- This Terms of Use and the Agreement shall be governed by the laws of Japan.
- Any and all disputes arising out of or in connection with this Terms of Use or the Agreement shall be exclusively brought in the Tokyo District Court of Japan.
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