Service

Terms of Use for the SUBSTRATEC Adhesive Navigator 

The platform "substratec.com" is an on-line marketing service for market players in the adhesives industry with an Adhesive Navigator, an independent on-line search engine for adhesives. SUBSTRATEC is a registered European Union trademark (EUIPO - No. 015867633).

1. Scope

(1) In order to be able to access the protected area of the www.substratec.com website (hereinafter referred to as the "Website"), the user must first register. The following terms of use apply between the user and the operator (hereinafter referred to as "SUBSTRATEC").
The user is deemed to accept these terms of use by registering with SUBSTRATEC.

(2) The operator of the website: www.substratec.com is Mr. Andreas Reisenzahn, c/o Combinat GmbH, Adams-Lehmann-Str. 56, 80797 Munich, Germany in accordance with the Imprint.

(3) The target group of the website comprises persons who are familiar with and responsible for the professional processing of adhesives, who are responsible for selecting and specifying joining technologies, who are looking for new adhesive technologies in research and development, as well as all those in trade and distribution who are interested in adhesives. The focus is on business relationships (B2B). The core industries are the manufacturing industries, construction and trades.

(4) In addition to these terms of use, the privacy protection notice for this website, which is available here (Data Protection Notice), shall also apply.

2. Registration and technical requirements

(1) The user must first register to be able to use the “Project Planner" function on the website. The other areas of the website can be used without having to register.

(2) Only registered users can create and save their individual search profiles for their adhesive projects by using the “Project Planner" and, if desired, more conveniently establish direct contact with the respective adhesive manufacturers and suppliers. The “Project Planner" is a project management tool for the individual creation and saving of individual query profiles, that are editable at all times.

(3) All areas of the website are free of charge for the user, for all those with and without access restrictions.

(4) The user may only use the functions of the website, which are only available with prior registration, if they have previously accepted these terms of use.

(5) There is no entitlement to membership.

(6) When registering, the users are obliged to use their full forename and surname (real names) as well as their email address. The real person behind the user must be identifiable to SUBSTRATEC. The real name of the user is only visible to SUBSTRATEC, not to other registered users. In addition, we refer users to the privacy protection notice on the website. Information provided by the users regarding their company and the industry to which they belong is voluntary. Should the user wish to contact the adhesive manufacturer or supplier, then and only then will the real name of the user be also visible to the adhesive manufacturer or supplier in the message sent to the adhesive manufacturer or supplier.

(7) After the users have entered their registration data and chosen a secure password, consisting of letters and numbers, SUBSTRATEC will then send them an email to the email address provided by the user. In order to confirm the account, the users must click on the link sent to them in the email. If the users do not receive an email, they should check their spam folder.

(8) Following successful registration, the user can visit the “Project Planner" area, subsequent to logging-in to website, the “User Account" area, and there enter, change, save and conveniently contact the direct contact persons of the relevant adhesive manufacturers and suppliers.

(9) The user is not permitted to give his personal access data to any third parties for their own use. He is obliged to keep his access data secret and to protect them from access by third parties. It is recommended that passwords are not stored in the browser.

(10) The user is unrestrictedly responsible for the hardware and software that they use, as well as for the communication channels they use.

(11) Due to the structure of the Internet, SUBSTRATEC has no influence at all on data transmission via the Internet and assumes no responsibility for the availability, reliability or quality of telecommunications networks, data networks and technical facilities of third parties, outside its own communications network. SUBSTRATEC is not responsible for any faults due to force majeure.

(12) SUBSTRATEC is not liable for the security and stock of any data communicated via communication networks of third parties, such as Internet providers, etc., nor for faults in data transmission caused by technical or configuration problems on the part of the user.

(13) In particular, SUBSTRATEC shall not be liable for the loss of any data, if the damage is due to the fact that the users have not themselves performed data backups and thereby ensuring that any lost data can be restored with reasonable effort, e.g. when entering data or after the termination of membership.

(14) The liability of SUBSTRATEC as regulated in Section 4 for breaches of duty within the framework of providing the website remains unaffected by the above paragraphs 10 to 13.

3. Services provided by SUBSTRATEC

(1) The Adhesive Navigator makes it possible to filter for suitable adhesives and the respective manufacturers and suppliers, based on the mating parts (substrates) to be bonded, and other search parameters as entered by the professional user. There is a variety of different types of substrate that are available for this purpose, which can be combined with each other as desired.

(2) The users create their own selection filters in order to specify the bonding. The results for one or more possible adhesives are generated by the use of defined algorithms and are weighted according to relevance (0-98%).

(3) In the results block the user will be shown the most suitable adhesives and the respective adhesive manufacturers and suppliers. The user will also receive for downloading the relevant technical data sheets, information about the adhesive manufacturer’s or supplier’s company and the possibility to contact them directly.

(4) An essential part of the services offered by the Adhesive Navigator is the construction of a database of adhesive manufacturers and suppliers and their adhesives and adhesive systems (hereinafter referred to as "adhesives"). This includes the input and maintenance of the data provided to SUBSTRATEC by adhesive manufacturers and suppliers in the form of technical data sheets, including information and data on adhesives, suppliers and manufacturers.

(5) In the database, SUBSTRATEC only shows the data provided by the adhesive manufacturers and suppliers in the currently transferred technical data sheets of the adhesive manufacturers and suppliers.

(6) SUBSTRATEC does not warrant that the information provided on the platform, which has only been provided to SUBSTRATEC by the adhesive manufacturers and suppliers, is correct, complete or at all times up to date.

(7) Should the user discover incorrect information in the technical data, SUBSTRATEC requests the user to immediately inform SUBSTRATEC of this.

(8) SUBSTRATEC does not guarantee the results of the use of the adhesives suggested by the Adhesive Navigator. The search results from SUBSTRATEC are not sales recommendations and/or personal technical advice. It is only intended to make it easier for the user to pre-select suitable adhesives that may be available. SUBSTRATEC gives no guarantee that the adhesive suggested is successful or suitable for the specific area of application of the user. Before using the selected adhesive, the user should always test the suitability of the adhesive on a small sample of the substrates (materials) to be used before using the adhesive on any large surfaces.

(9) In the event of any questions regarding the use and suitability for the specific application, the user has the possibility to directly contact the respective technical contact person of the relevant adhesive manufacturer or supplier.

(10) Following the search, the website offers users the opportunity to directly contact the respective adhesive manufacturer or supplier. 

(11) With regard to the data provided to SUBSTRATEC by the adhesive manufacturers and suppliers, we herewith draw the user’s attention to the following: The technical data and information provided on the website of the adhesive manufacturers and suppliers are based on tests carried out under laboratory conditions by the respective adhesive manufacturers and suppliers or on their practical experience under normal working conditions. Due to the large number of possible uses of each of the individual products and the particular environmental and processing parameters that may be different for each use case (e.g. substrate temperature, air humidity, system structure, substrate properties, etc.), the user/adhesive user is responsible for carrying out his own tests for the respective suitability of purpose.

The data and information provided by the adhesive manufacturers and suppliers do not represent a guarantee or assurance of certain product properties or the suitability of the adhesive products for the respective purposes of the user.

The technical product specification does not release the users from their own duty of care. Before using the selected adhesive, the user should always test the suitability of the adhesive on a small sample of the substrates to be used before using the adhesive on any large surfaces. Technical advancements can, at any time, lead to changes in the adhesive products. Furthermore, SUBSTRATEC refers the user to the respective precise notes in the individual technical data sheets of the respective adhesive manufacturers and suppliers.

(12) SUBSTRATEC allows the user, after registration, to additionally use the following community functions of the website within the scope of these terms of use:

- Project Planner

- More convenient direct contact with the relevant adhesive suppliers or manufacturers

- Access to the forum (from June 2017)

(13) SUBSTRATEC makes every effort to keep this website available at any time. However, the user is not entitled to a permanent availability of the service. Maintenance work may cause the service to be temporarily unavailable.

4. Disclaimer of liability on the side of SUBSTRATEC

(1) Unless otherwise specifically specified below, claims for damages by the user against SUBSTRATEC are excluded.

(2) This exclusion of liability shall also apply to the legal representatives and vicarious agents of SUBSTRATEC if the user should assert claims against them.

(3) The exclusion of liability specified in paragraphs 1 and 2 shall not apply to claims for damages in the case of:

  • intent or gross negligence,
  • injury to life, limb or health,
  • to the extent of a guarantee given by SUBSTRATEC,
  • if in actual fact relevant, in accordance with the provisions of the Product Liability Act (Produkthaftungsgesetz),
  • intentional or grossly negligent breach of essential contractual obligations.
    Essential contractual obligations are those whose fulfilment is necessary to achieve the objectives of the contract.

 

(4) In the event of a slightly negligent breach of an obligation that is essential for achieving the contractual purpose (cardinal obligation), SUBSTRATEC’s liability shall be limited to the amount of damage that is foreseeable and typical for the specific use of the website.

(5) SUBSTRATEC warrants the functionality and freedom from viruses of the contents of the website, but only within the framework of what is to be expected in accordance with the current state of the art and taking into account the principle of proportionality.

(6) SUBSTRATEC shall not be liable for the existence, suitability and freedom from defects of the user’s public transmission lines and its own data communication devices, see Section 2.

5. Obligations of the user

(1) The user undertakes to SUBSTRATEC not to publish anything that violates morality or applicable law. In particular, the user undertakes not to publish any contributions,

  • whose publication constitutes a criminal or summary offence,
  • that violates the copyright, trademark or competition law or other intangible property or labelling rights,
  • that have offensive, racist, discriminatory or pornographic content,
  • that contains advertising.

(2) By posting contributions, the users affirm that they are entitled to use, edit, reproduce and publish this content on the Internet and make it publicly accessible and have obtained all the necessary rights for this purpose.

(3) Copying and posting of third party content is prohibited without the consent of the copyright holder, unless it is permitted by law. It is also prohibited to reproduce the contents of this website without the prior consent of the copyright holder or right holder, unless it is permitted by law.

(4) The user undertakes, with regard to any kind of posted content in the "Forum" or "Blog" section of the website, to name the author of the content or publisher and/or person responsible for it directly in the content.

(5) SUBSTRATEC is entitled to block or delete the content of the user and/or to block the access of the user in the case of any violation of the obligations under paragraph 1.

(6) The users can prevent the blocking of access in the event of a violation of these terms of use, if they can prove, at their own expense, that they have not violated them by submitting suitable evidence.

(7) In the event of a breach, the user is obligated to compensate SUBSTRATEC in full for the damages caused by the breach of duty, insofar as the user is responsible for the breach of duty.

(8) SUBSTRATEC shall have a claim against the user for indemnification from claims of third parties, if the third parties assert claims against SUBSTRATEC due to the infringement of a right. The user undertakes to support SUBSTRATEC in the defence of any such claims. The user is obligated to bear all of the costs of an appropriate legal defence of SUBSTRATEC.

(9) The users are responsible for ensuring that their content is truthful and correct.

(10) Content posted on the blog or forum must also be relevant to all third parties and must not contain any private communications.

6. Rights to use submitted content

(1) Concerning the content in the Blog section of the website, the user has to name the respective copyright holder of the submitted content at the end of the content.

(2) By submitting content in the Blog section of the website, the user grants SUBSTRATEC the right to publish this content and to make it permanently accessible to the public on the SUBSTRATEC website.

(3) SUBSTRATEC has the right to place users contents at another location on the website and/or to link it to other content on the website. SUBSTRATEC will inform the user of this.

7. Term of membership

(1) The users can terminate their membership at any time, without notice, by simply deleting their user account. This will also delete the query profiles that they have created. Other content in the “Blog" area is retained due to the freedom of information of other users.

(2) SUBSTRATEC shall be entitled to terminate a user’s membership in simple text, e.g. by email, subject to a notice period of two weeks.

(3) If there is an important reason, such as a gross violation of these terms of use, SUBSTRATEC shall be entitled to block the access of the user immediately and to terminate their membership without notice. 

(4) After termination of the membership, SUBSTRATEC is entitled to block the user’s access to the areas of the website which are only accessible to them as a registered user. SUBSTRATEC is entitled, but not obliged, to delete the content created by the user, in the case of termination of membership. Any claim of the user for the transfer of the posted content is excluded. If the users attach importance to retaining any content posted on the website after the termination of membership, they are obliged to secure this data themselves before the ending of their access rights, insofar they are referred to Section 2 paragraph 13 of these terms of use.

8. Ending or changing the services offered

(1) SUBSTRATEC is entitled, at any time, to make changes to its website.

(2) SUBSTRATEC is entitled to terminate the services offered on this website by observing a notice period of two weeks. In the event of the closing of the website, SUBSTRATEC is entitled, but not obliged, to delete all content created by the users. Users will again be informed in the notice of termination, so that they have the possibility to save any data or content.

9. Applicable law, place of jurisdiction

(1) The contractual relationship between SUBSTRATEC and the user shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) This choice of law does not apply to mandatory consumer protection regulations in the country in which the users, insofar as they are consumers, have their normal place of residence.

(3) The place of jurisdiction is Munich, Germany, unless a regulation requires another exclusive place of jurisdiction.

10. On-line resolution of disputes

(1) The European Commission provides a platform for the out-of-court settlement of disputes (Article 14 paragraph 1 of the ODR Regulations). This gives consumers the opportunity to resolve disputes without the need for the involvement of a court. The dispute resolution platform is available under the link: http://ec.europa.eu/consumers/odr/.

(2) Our email address is: info@substratec.com

11. Rights of modification

SUBSTRATEC reserves the right, from time to time, to change these terms of Use for objective reasons and to adapt them to meet any technical or legal changes. The user will be informed separately of the changes.

Date of the Terms of Use: 22/12/2016

 

© These terms of Use have been drafted by Vilma Niclas, lawyer and specialised journalist for IT law in Berlin (www.vilma-niclas.eu) in close cooperation with SUBSTRATEC and they are individually tailored for this SUBSTRATEC website: An unchecked transfer for your own website is - without legal advice - on no account advisable, since the text has to be adapted to meet the needs of the owner and website itself. You could thereby violate the German Telemedia Act, copyright and other laws.