Terms & Conditions

 

April 2018

 

 

Customer Services Portal – Terms of Use

 

In exchange for access to the Landis+Gyr Customer Services Portal hosted by Landis+Gyr AG (“Landis+Gyr”), you must first read and agree to all sections laid out in these terms of use (“Terms of Use”). If you do not agree to all terms and conditions set forth in these Terms of Use without qualification or limitation, you are not authorized to access the Landis+Gyr Customer Services Portal.

1 | Compliance with Laws and Requirements

You will use the Customer Services Portal for lawful purposes only and will comply with all applicable laws and regulations, including local, regional, national, foreign, or international statutes, regulations, rules, orders, treaties, or other laws, and such further requirements and principles as set forth in these Terms of Use or Landis+Gyr’s Code of Conduct or as may be set forth in any notice from Landis+Gyr.

2 | Without prejudice to the above, you further warrant that you will not use the Customer Services Portal to

·         Encourage or facilitate insider trading, price fixing or any other anticompetitive behavior;

·         Facilitate or participate in any activity that may harass, threaten or abuse others;

·         Store, or present any information, data or material that:

Ø  Infringes on the intellectual property, trade secret, privacy, publicity, or other rights of others;

Ø  Contains false statements or misrepresentations;

Ø  Contains any obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane or embarrassing material;

Ø   Contains the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers (and the like), and credit card numbers.

3 | Precedence

The Terms of Use are without prejudice to any contractual terms you may enter or may have entered into with us, which will take precedence over the terms of this Terms of Use. Notifications submitted by using the Customer Services Portal are not considered a formal notification and/or notice, irrespective of their content and format, under any contractual agreement entered between you and Landis+Gyr.

4 | Credentials

As a user you will be provided with individual credentials (e.g. user name and password) for the purposes of access to the Customer Services Portal. In order to receive such credentials, certain user data, e.g. name, company’s registered seat as well as email-address, will be collected by Landis+Gyr and stored in a database.

Access to certain portions within the Customer Services Portal may require additional permission and may be subject to additional terms of use.

You are responsible for any use of the Customer Services Portal using your unique user credentials. As such you warrant that you will not share your credentials with anyone and will not leave your computer unlocked or unattended in a manner that will allow any other person to view your credentials or to use your credentials to access the Customer Services Portal. If you believe that your password may have been compromised at any time, you will promptly notify Landis+Gyr, so that your password may be changed.

You will not ask any other user to disclose their credentials to you and you will not use any other person’s credentials to access or use the Customer Services Portal. You will not attempt to access any data or programs on the Customer Services Portal for which they do not have authorization or consent.

5 | Monitoring

You acknowledge that your use of the Customer Services Portal may be monitored to the full extent permitted by law and hereby expressly consent to such monitoring. Purposes of the monitoring may include, but are by no means limited, to enforcement of these Terms of Use, maintaining the performance and availability of the Customer Services Portal; and dispute resolution. You agree that you will not attempt to circumvent Landis+Gyr monitoring and/or security measures.

6 | Data Protection

Landis+Gyr commits to comply with the requirements of the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time. You acknowledge that for the purposes of the GDPR, you are the data controller and Landis+Gyr is the data processor (whereby data controller and data processor have the meanings as defined in the GDPR).

You are made aware of and expressly consent to the fact that any information entered by you by using the Customer Service Portal may be used and processed by Landis+Gyr for purposes of, but not limited to, technical analysis, product and process improvements and information exchange between Landis+Gyr and its group companies located within the EEA, Switzerland or a third country, in the latter case subject to compliance of Landis+Gyr with the provisions and conditions of the GDPR in this regard.

You are kindly requested to avoid including any personal data of any individuals, especially but not limited to end-customer details (in particular, but not limited to names, contact data, etc.) in the content, documents, files and data submitted via the Customer Services Portal. Where you do so, you are considered the data controller as defined in the GDPR and you shall comply with the requirements set out therein.

You are hereby made aware and, by accessing the Customer Services Portal, expressly consent to the fact that each time a user accesses the Customer Services Portal, the data about these processes is stored in a log file. 

The following information is stored:

·         Date and time of access to Customer Services Portal

·         Number of logins

·         Content entered and submitted by you via the input mask

·         Volume of data transferred (if any)

·         Notification whether file was successfully attached

·         Whether you have accepted or rejected these Terms of Use, including the date and time of acceptance or rejection

7 | Cancellation / Suspension

Landis+Gyr may cancel or suspend your access and use of the Customer Services Portal at any time. If inappropriate activity is suspected, your access may be deactivated until an investigation is complete. In extreme cases, Landis+Gyr may contact law enforcement regarding suspicious activity.

8 | Ownership of Posted Documents and Intellectual Property

You may only post or modify documents, files and data that you own or for which you have express permission from the legal owner to post or modify. One of the primary purposes of the Customer Services Portal is to promote collaboration and exchange of information. Accordingly, by posting documents or data on the Customer Services Portal you hereby grant a royalty-free license to Landis+Gyr and to all persons with access to the applicable Customer Services Portal to use or modify such documents in any manner consistent with the purposes of the Customer Services Portal.

Nevertheless, Landis+Gyr may, at any time and in its sole discretion, remove any document, file or data from the Customer Services Portal.

9 | No Warranties

Landis+Gyr makes no representations or warranties (express or implied), regarding accessibility, accuracy, reliability, correctness or completeness of the Customer Services Portal and any content therein, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Moreover Landis+Gyr does not warrant or guarantee that the Customer Services Portal (or any site linked in any way to the Customer Services Portal) or the server which stores and transmits content to you is free of defects, viruses or any other harmful components. You expressly acknowledge that Landis+Gyr is not responsible and has no liability to you for any loss or corruption of data, etc.

10 | Limitation of liability

You acknowledge that the Customer Services Portal and access to it is provided for convenience only. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LANDIS+GYR DISCLAIMS AND YOU HEREBY HOLD HARMLESS AND INDEMNIFY LANDIS+GYR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS AND DIRECTORS FROM AND AGAINST, ALL LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHICH MIGHT BE INCURRED THROUGH THE USE OF OR ACCESS TO LANDIS+GYR CUSTOMER SERVICES PORTAL, – EVEN IF BEING ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

11 | Changes to these Terms of Use

Landis+Gyr may change these Terms of Use from time to time to meet the security needs of Landis+Gyr and its partners and/or to comply with legislation. Your continued use and access to the Customer Services Portal will be subject to your agreement with the Terms of Use as so modified from time to time.

12 | Privacy Policy

With regard to accessing any website of the Landis+Gyr Group, please refer to the respective Privacy Policy applicable thereto.