This document lays out the Terms and Conditions for the use of the CERUB Online Claims Platform (“Cerub OCP”). If you continue to browse and use this database website you are agreeing to comply with and be bound by the provisions hereinbelow.
The Terms and Conditions constitute an agreement between you and the Cerub Association which is administrating Cerub in the country where your company is incorporated (“the Agreement”). A list of the Cerub associations and the countries sorting under each association is available on the website.
Purpose and General Scope
Any organisation distributing derived rubber materials to a defined end-using application can apply for authorisationto use CERUB® label. The CERUB OCP is a secure application enabling a firm, who has been approved for applying authorisationto use CERUB®-label (“Authorised User”) to state and share data, which will allow the CERUB Verification Body to verify if the CERUB criteria are met and make a recommendation to the CERUB Association whether or not to grant a license to Authorised User to use the CERUB®-label. The CERUB Association will not separately store any such information entered into the CERUB OCP. The Authorised User will remain the sole and responsible owner of all data it will enter into the CERUB OCP.
Access to CERUB OCP
Access to the CERUB OCP will be controlled by user name and password, which is granted after application for authorization.
The Authorised User shall keep all access data and passwords confidential and shall prevent any unAuthorised use by third parties. Actual or suspected misuse shall be reported to the authorizing CERUB Association.
Authorised User shall be liable for any damage resulting from the misuse of Authorised User’s access data or any changes or loss of information arising out of such misuse, unless Authorised User is not culpable in regard to the misuse.
Authorised User is responsible for using software and equipment compatible for use of CERUB OCP and for taking necessary steps inorder to secure its systems, including, but not limited to up-to-date protection programs preventing Virus, Trojan, Spam, Phishing and any other malware attack.
Autorised User’s undertakings
Authorised User shall be responsible for the accuracy of all data it enters into the CERUB OCP.
Authorised User warrants that it will only use the CERUB OCP for the purposes stated in these Terms and Conditions.
For the sake of clarity the Authorised User is informed that the CERUB Verification Body’s fees for verification will be charged directly to the Authorised User.
Intellectual Property Righs
The Authorised User shall not be entitled to copy any part of the software which constitutes the services provided through the CERUB OCP or such software to which the Authorised User gains access through use of the services.
All trademarks, trade names, company logos, symbols and any other protected marks and/or works belong to their respective owners only, and no right, title or interest in or to any of the same is granted, transferred or assigned to the Authorised User. For the avoidance of doubt, all CERUB logos, trademarks, trade names and copyright works as well as other data used in or in conjunction with or otherwise relating to the materials shall remain the sole property of the CERUB Association.
An Authorised User will, if approved, be granted a non-exclusive, non transferrable right to use the CERUB®trademark and logo in accordance with the provisions of CERUB’s Trademark License Agreement and solely for the purposes described therein. The license rights will be limited to a period of three (3) years.
Limitation of Liability
The CERUB Association shall only be liable for damages and/or disadvantages, property damages or financial losses arising out of acts or omissions of its directors, officers, employees or subcontracting parties which are caused by intent or gross negligence. The CERUB Association is not in any event liable for indirect losses, such as lost profits, diminished production, costs of retaining another provider, costs of equipment and similar costs or losses
The CERUB Association is not liable for the Authorised User’s loss of data.
The CERUB Association does not warrant and shall have no liability for interruptions in the services provided through the CERUB OCP.
Confidentiality, Data Privacy etc
The CERUB Association respects and protects the privacy of the Authorised User and warrants not to share, sell, rent or anyhow disclose Authorised User’s personal information or data records to any third party, unless it is required by law or order of a court of competent jurisdiction or government department or if it is explicitly authorised by the Authorised User.
Authorised User’s personal information and its data records will not be used for other purposes than described herein.
Authorised User hereby authorizes the CERUB Association to publish the company name and address, the assigned license and certificate numbers and the status of the license on the the CERUB website ensure full transparency and authenticity.
Authorised User hereby agrees that the CERUB Association may collect, process and use data in machine-readable form within the scope and for the purpose of the fulfillment and marketing of CERUB (e.g. for statistics, system performance etc.).
Term and termination
These Terms and Conditions shall come into effect on the date on which the Authorised User starts to use the CERUB OCP and be of unlimited duration unless terminated in accordance with this section 8.
Each Party may terminate these Terms and Conditions and thereby the use by the Authorised User of the CERUB OCP by giving due notice in writing to the other Party three (3) months prior to the termination date.
These Terms and Conditions and thereby the Agreement between the Authorised User and the CERUB Association shall be terminated ipso facto without the need of giving an additional notice in case Authorised User’s certification will be revoked by the CERUB Association and the Trademark License Agreement will be terminated.
Each Party may terminate the Agreement constituted by these Terms and Conditions immediately at any time for an important reason by providing written notice to the other Party. An important reason may especially be assumed:
if the other Party has breached a material provision of this Agreement, in particular, in case of the breach having a material adverse effect on the other Party or on the CERUB certification system and, provided that the breach is curable, did not cure the breach within a reasonable cure period set by the non-breaching Party;
in case of bankruptcy, insolvency, liquidation, receivership, dissolution or winding-up of the other Party.
The termination, however caused, shall not affect the rights, obligations or liabilities of the Parties that have accrued prior to the date of termination.
Governing Law and Disputes
This agreement shall be governed by the laws of Sweden.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce for expedited arbitration procedure.
The arbitration proceeding shall be conducted in the English language unless otherwise agreed between the Parties and take place in Stockholm.
The Agreement constitute the entire agreement between the parties on all matters to which the Agreement relates. Any particular matter that has not been expressly covered in the Agreement shall be resolved in accordance with the principles on which the Agreement is founded.
The contents of the Agreement shall supersede all previous written or oral commitments and undertakings.
The CERUB Association shall be entitled, but not obligated, to make modifications to these Terms and Conditions at any time and at its own discretion. In such a case, the CERUB Association shall notify the Authorised User thereof in writing by sending an email in a timely manner prior to such changes and allowing the Authorised User to object to the changes within four (4) weeks. If the Authorised User does not object within this time, the new Terms and Conditions shall be deemed accepted by the Authorised User provided that the CERUB Association has notified the Authorised User about this consequence of not objecting to the changes in the e-mail notification of the change.