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Terms of Use for Resource Portal

We, AAK Foodservice, a trading division of AarhusKarlshamn UK Limited, own this Resource Portal and its content. Your right to use the Resource Portal is subject to these Terms of Use (“Terms of Use”). Use of the Resource Portal by you constitutes your unqualified acceptance that you and your employees are bound by and will comply with these Terms of Use.  If you do not agree to these Terms of Use, then we are unwilling to grant you the license to use contained in these Terms of Use and you must not use the Resource Portal.

1.    Use of the Resource Portal

1.1    The Resource Portal is provided as a free service to you as a reseller of AAK Foodservice products (“AAK Foodservice Products”) to use the trade marks, logos, product images and advertisements stored in the Resource Portal (“the Licensed Materials”) for the promotion and marketing of AAK Foodservice Products in promotional materials, product lists, price lists and websites published by you and which identify you as the reseller of the AAK Foodservice Products (“Authorised Use”).

1.2    You agree that you will:

1.2.1    supervise and control all use of the Resource Portal and ensure that it is used only by your employees and agents in accordance with these Terms of Use;

1.2.2    not part with the login details for the Resource Portal except with your agents, for example designers, publishers and printers, who need to have access to the contents of the Resource Portal to assist you in your use of the Licensed Materials for the Authorised Use; and

1.2.3    not, and will not permit your agents to, copy, merge, adapt, vary or modify the Resource Portal or use the Licensed Materials for any purpose other than the Authorised Use.

1.3    You acknowledge that:

1.3.1    the Resource Portal is a free information resource provided by us and has not been developed to meet your specific requirements. It is your responsibility to ensure that the Resource Portal meets your requirements for your intended use of the Licensed Materials; and

1.3.2    the Resource Portal may not be free of bugs or errors. You agree that the existence of such bugs or errors will not constitute a breach by us of these Terms of Use.


2.    Use of the Licensed Materials

2.1    In consideration of your agreement to abide by these Terms of Use, we hereby grant you a non-exclusive, non-transferable license to use the Licensed Materials in accordance with these Terms of Use.

2.2    You agree:

2.2.1    to use the Licensed Materials only for the Authorised Use and not for any other purpose; 

2.2.2    to use the Licensed Materials only in the form that they appear in the Resource Portal and in accordance with the Use Guidelines contained on the Resource Portal for each of the Licensed Materials and any written instructions we may issue from time to time;

2.2.3    to procure that all agents supplied with the Resource Portal login use the Licensed Materials only in respect of the Authorised Use and in accordance with the Use Guidelines for the Licensed Materials and any written instructions we may issue from time to time;

2.2.4    to immediately cease use of and withdraw the Licensed Materials if we notify you that such use is misleading, unlawful or may injure our reputation or the validity of any registration for any of the Licensed Materials, notwithstanding that such use is within the definition of Authorised Use;

2.2.5    if we notify you to discontinue use of any of the Licensed Materials entirely or in any particular font, logo or other format you will discontinue such use promptly following our notification;

2.2.6    if we notify you of any new font, logo or format or Use Guidelines for any of the Licensed Materials you will use them in such new form or in accordance with such new Use Guidelines as soon as practicable following our notification or from such date as we may specify in our notification;

2.2.7    you are responsible for ensuring that all use of the Licensed Materials by you is lawful and complies with all relevant legislation; and 

2.2.8    you will provide us on request with examples of the use you have made of the Licensed Materials.

2.3    You acknowledge and agree that the Licensed Materials belong to AarhusKarlshamn UK Limited including:

2.3.1    all worldwide copyrights in the Licensed Materials; and

2.3.2    all goodwill associated with or arising from your use of the Licensed Materials. You agree that you have the right to benefit from such goodwill only to the extent and upon the terms and conditions of these Terms of Use.

2.4    We will have the conduct of any proceedings relating to the Licensed Materials and in respect of any infringement or alleged infringement of them or passing off or any other claim or counterclaim brought or threatened in relation to your use of the Licensed Materials.  You will immediately notify us if you become aware of such infringement, alleged infringement, passing off or other claim or counterclaim.

2.5    You will at our request co-operate in any action, claim or proceedings brought or threatened in respect of your use of the Licensed Materials and will not admit liability or settle any such action, claim or proceedings without our written consent.

 

3.    Feedback and Notices

3.1    Any notices to us, queries, feedback or comments you may have about the Resource Portal should be submitted by emailing us at uk.info@aak.com or writing to AarhusKarlshamn UK Ltd, King George Dock, Hull, England, HU9 5PX.

3.2    We may give notices to you at any e-mail, fax or postal address used by you in connection with your business.

3.3    Notices will be deemed served immediately if sent by e-mail or fax or two working days after the date of posting if sent by first class prepaid post.

4.    Termination

4.1    You may terminate the license granted in these Terms of Use at any time by informing us you would like to disable your account via email (uk.info@aak.com).

4.2    The license granted in these Terms of Use will terminate by way of your login being automatically terminated if you breach any of the provisions of these Terms of Use or you become insolvent or are unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986). 

4.3    We may terminate the license granted in these Terms of Use at any time by giving you 30 days’ written notice of termination.      

4.4    On termination of the license granted in these Terms of Use all rights granted to you by them will cease and you must immediately cease all use of the Licensed Materials and Resource Portal.

 

5.    General

5.1    We may issue revised Terms of Use and/or a new Resource Portal update from time to time. You agree to be bound by and comply with the provisions of such new Terms of Use and to use the new Resource Portal from the date of access or such later date as we may specify, unless you terminate the license granted by these Terms of Use in accordance with clause 4.1 and request your account be disabled.

5.2    The license granted by these Terms of Use is personal to you and cannot be assigned to anyone else and these Terms of Use do not confer any benefit on any third party.

5.3    Nothing in these Terms of Use shall limit or exclude the liability of you or us for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.

5.4    Subject to clause 5.3 we shall not be liable for losses suffered by you arising out of or in connection with these Terms of Use, whether arising in contract, tort (including negligence), misrepresentation or otherwise, including loss of income, loss of profits or contracts, business interruption, loss of anticipated savings, loss of information, loss of opportunity, goodwill or representation, loss of, damage to or corruption of data or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

5.5    These Terms of Use set out the full extent of our obligations and liabilities in respect of access to the Resource Portal and the rights and permissions granted by these Terms of Use. There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms of Use.  Any condition, warranty, representation or other term concerning access to the Resource Portal or the rights and permissions granted by these Terms of Use which might otherwise be implied into, or incorporated in, these Terms of Use, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

5.6    These Terms of Use constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us in respect of the licensing of any of the Licensed Materials.

5.7    These Terms of Use are governed by and construed in accordance with English law and the English Courts have exclusive jurisdiction to hear disputes between us.

AAK Foodservice (A Trading Division of AAK International)

UK establishment number at Companies House BR020440. VAT Number GB 475 4800 31

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