Canon Partner Portal Terms and Conditions
1. General
1.1 Please read these terms carefully before using Canon Partner Portal . These terms apply to all persons from Your company using Canon Partner Portal (“You”, and “Your”) and by accessing and using Canon Partner Portal You agree that You have read and accepted these terms and will ensure all employees of Your company are aware and will observe these terms
1.2 Canon Partner Portal is provided to You by
Canon Europa NV and on behalf of its affiliates
(in the following “Canon”, “We”, “Our” and “Us”).
You will be able to obtain information relevant to Canon partners, including but not limited to, the, Product & Service information, Sales information and tools, Pricing and Trade Terms, Promotions, Incentives and Rewards. You may use Canon Partner Portal to access and use materials in the course of Your business activities.
Certain third party applications may be accessed through Partner Portal , for which We give no warranty. If You use any such third party applications, You will agree to abide to their terms.
2. Acceptable Use
2.1 Canon provides Canon Partner Portal to its partners on the basis of the following terms and conditions. You may only use Canon Partner Portal if You are employed by a company that is a distributor of Canon products or services, reseller of Canon products or services or business partner of Canon.
2.2 You may only use Canon Partner Portal in accordance with these Terms and Conditions and in any event, for lawful and proper purposes and You will comply with all applicable laws, regulations and codes of practice within the jurisdiction /country from which You are accessing Canon Partner Portal . In particular, You agree that You shall not:
2.2.1 use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of Canon Partner Portal including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
2.2.2 take any action that imposes an unreasonable or disproportionately large load on Canon Partner Portal or associated infrastructure;
2.2.3 copy all or any part of Canon Partner Portal ;
2.2.4 rent, lease, sub-license, loan, translate, merge adapt, vary or modify Canon Partner Portal and (subject to the right to upload materials or otherwise except as expressly permitted by Us in writing) not make alterations to, or modifications of, the whole or any part of Canon Partner Portal nor permit Canon Partner Portal or any part of it to be combined with, or become incorporated in, any other programs; and
2.2.5 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Canon Partner Portal nor attempt to do any such things.
2.3 Canon shall have no access to the data uploaded by Partners to utilize Partner Marketing Tools of the Partner Portal, except for general statistical information related to using the Partner Marketing Tools for further development, unless Partners explicitly choose to share this data with Canon
3. Registration and Account
3.1 On registration, You shall provide Us with certain business related up to date information, including Your full name, function/role, company/organization and employee e-mail address, all of which must be accurate, truthful and up- to-date. We shall verify Your registration information and issue a password to You. We reserve the right to deny creation of Your account for any reason.
3.2 You shall be solely responsible for maintaining the confidentiality of Your password. Notwithstanding anything else herein, We reserve the right to pursue any and all claims against You and any user of Your account. Your account is valid only while You are employed by the organization listed on Your initial registration application. You are prohibited from accessing Your account immediately upon termination with that organization.
3.3 You shall notify Us as soon as possible (i) if You are granted access to information which You do not, acting reasonably, believe that You should, due to Your function/role/company/organization, have access to and/or (ii) if You become aware that someone within Your company/organization has been granted access to information which You do not, acting reasonably, believe that they should, due to their function/role, have access to.
4. Confidentiality
4.1 All information provided pursuant to Canon Partner Portal is, unless otherwise specified, confidential (“Confidential Information”) and as such You shall, subject to clause 4.2:
4.1.1 not disclose any Confidential Information except to such third parties as authorised in writing by Canon; and
4.1.2 take all steps necessary or appropriate to protect any Confidential Information against unauthorised disclosure or use, and shall promptly notify Canon of any unauthorised disclosure or use of any Confidential Information, and shall take all actions that Canon reasonably requests to prevent any further unauthorised use or disclosure of the same.
4.2 The obligation set out in clause 4.1 shall not apply to the extent, but only to the extent, that any Confidential Information:
4.2.1 becomes generally available to the public through no fault of Yours;
4.2.2 is or has been disclosed to You, directly or indirectly, by any person that is under no obligation of non-disclosure to Canon; or
4.2.3 is required to be disclosed under any applicable law, rule, regulation or governmental order. Before disclosure You shall inform Canon of such disclosure and of which Confidential Information and to what extent it is disclosed, and shall co-operate with Canon to seek a maximum protective order or measurement.
5. Changes to Canon Partner Portal
5.1 We may make improvements or changes to the information, services, products and other materials on Canon Partner Portal (“Changes”) (any such Changes shall be subject to these Terms and Conditions), or terminate Canon Partner Portal , at any time without notice.
5.2 We may also modify these Terms and Conditions from time to time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on Canon Partner Portal without prior separate notification to You. Accordingly, Your continued access or use of Canon Partner Portal is deemed to be Your acceptance of the modified Terms and Conditions.
6. Promotions
Any promotions operated through Canon Partner Portal shall, unless specifically stated otherwise, be subject to Canon’s standard business to business terms and conditions (copy available at request).
7. Limitation of Liability
7.1 In no event shall We be liable for any losses or damages of whatsoever kind (including direct, indirect, incidental, consequential and punitive) arising out of access to, or the use of Canon Partner Portal or any information contained in it whether or not in the contemplation of the parties including any losses or damages arising as a result of:
7.1.1 any and/or all of the services detailed in Canon Partner Portal not being available;
7.1.2 any problems with accessing Canon Partner Portal and the system on which it is hosted;
7.1.3 a user incorrectly stating their role/function/company/organization;
7.1.4 the delivery/suitability/quality of products awarded pursuant to any schemes and/or promotions operated by Canon Partner Portal .
7.2 Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
8. Disclaimer of warranty
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and materials contained on Canon Partner Portal and/or the products awarded pursuant to schemes and/or promotions operated through Canon Partner Portal. All such information, services and materials are provided "as is" and "as available" without warranty of any kind.
9. Indemnification
You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to Your breach of these Terms and Conditions.
10. Intellectual Property and Proprietary Rights
10.1 All trademarks, copyright, database rights and other intellectual property rights in any materials displayed or accessible on Canon Partner Portal, as well as the organization and layout of Canon Partner Portal and the software code of the Canon Partner Portal are owned either by Us, Our licensors or Our service provider. Except as expressly permitted by Us in writing, no license or right, express or implied is hereby conveyed or granted by Us, Our licensors or Our service provider in relation to trademarks, copyright, database rights and other intellectual property rights in any materials displayed or accessible on Canon Partner Portal , in the organization and layout of Canon Partner Portal and/or in the software code of the Canon Partner Portal .
10.2 Materials on the Canon Partner Portal may include (by way of example only) pictures, videos, promotional or marketing forms, templates and brochures that are accessible and/or made available to You in order to support Your sales and/or servicing of Canon products and services. These materials shall only be accessed and used by You if permitted by Us and in accordance with the conditions attached by Us to the materials and in any event only to support the sale and/or promotion of Canon products and services, and for no other purposes. In particular, You shall not change or modify any pre-existing text or elements (whether images, logos, drawings etc) in any templates made available on Canon Partner Portal for Your own marketing campaigns, except that You may include information about Your company, business and Your own campaigns in the designated spaces, provided that at all times
(i) the information is lawful and correct;
(ii) You have, where relevant, obtained the necessary third party consents and licenses, including but not limited to image rights; and
(iii) You do not misrepresent or conceal Your identity and authorship or relationship with Canon.
10.3 Upon notification by Us (via email or otherwise), You shall immediately stop any and all use of any material(s) as specified by Us and if requested by Us confirm to Us in writing that You have ceased using the said material.
11. Privacy
If You choose to register for the Canon Partner Portal, You agree to provide Canon with the accurate, up to date, business / work related information, as requested in relation to Canon Partner Portal and the registration form.
This information may include a limited amount of personal data that Canon will process as a data controller, as it will determine what data it requires and how it is processed for the purposes required under these terms. Canon will comply with its obligation under the applicable data protection legislation with regard to the personal data provided by You. Our legal basis for processing such personal data is the performance of these terms, as well as the provision and administration of the Canon Partner Portal and related applications.
For further information about how Canon processes personal data, please visit Canon´s Business Consumer Privacy Policy, available at (https://www.canon-europe.com/terms_and_conditions/#tcm:13-37750)and Cookie Policy (https://www.canon-europe.com/cookie-information/) .
12. Termination
12.1 We reserve the right to:
12.1.1 deny You access to Canon Partner Portal; and/or
12.1.2 terminate these Terms and Conditions, or suspend Your access to Canon Partner Portal , with or without cause in Our sole discretion, at any time without notice.
12.2 We shall not be liable to You or any third party for the termination or suspension of Canon Partner Portal, or any claims related to the termination or suspension of Canon Partner Portal. Upon termination of access to Canon Partner Portal by You or Us, You must discontinue Your use of Canon Partner Portal, destroy promptly all materials obtained from Canon Partner Portal and any copies thereof.
13. User Policy
13.1 You undertake not to post to or send via or use in relation to Canon Partner Portal any materials that are or could reasonably be construed as: (i) defamatory, libelous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which You have not obtained all necessary licences and/or approvals; or (iv) violating any other law.
13.2 You also agree not to transmit to or send via Canon Partner Portal any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.
13.3 Canon reserves the right to remove any materials from Canon Partner Portal where it reasonably suspects that such material is prohibited by this clause 13 or is otherwise inappropriate. Notwithstanding the foregoing,You acknowledge that Canon has no control over content on Canon Partner Portal provided by other users, and that, in addition, it does not purport to monitor the accuracy, appropriateness or conformity with the principles outlined in these Terms and Conditions, of such content.
13.4 You must not link to Canon Partner Portal other websites which are indecent or inappropriate, and You must forthwith remove any link if Canon in its discretion so requests.
14. Governing Law
The Terms and Conditions shall be governed by and construed in accordance with the laws of the country in which You are located[NK1]. You hereby agree that the courts of the country in which You are located have exclusive jurisdiction to settle any dispute arising out of or in connection with Canon or the Terms and Conditions.
15. Miscellaneous
We have the right to change the content or technical specifications of any aspect of Canon Partner Portal at any time at Our sole discretion. You further accept that such changes may result in Your being unable to access Canon Partner Portal. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Clauses 2.2, 3.2, 4, 7, 9, 10, and any clause which, by its nature, should survive termination or expiration of these Terms and Conditions shall survive termination or expiration.
16. Entire Agreement
These Terms and Conditions constitute the entire agreement between You and Us in respect of Your use of Canon Partner Portal.