Terms and conditions of use

The terms and conditions of our company (Evonik Operations GmbH, Rellinghauser Str. 1-11, 45128 Essen, Germany, hereinafter "Provider") for the use of the platform www.COATINO.com (our facilities up to the point of data transmission to and from the internet are hereinafter known as "COATINO® Platform" and these terms and conditions of use of the COATINO® Platform are hereinafter known as "Terms of Use") are set out below.

The COATINO® Platform aims to build and to span a dynamic global network around paint, coatings and inks formulations and is dedicated exclusively to professional business users (hereinafter “User(s)”). The use of the COATINO® Platform by private consumers is not permitted. This dynamic formulation network may enable its Users to work faster, smarter and more efficiently. The COATINO® Platform gives Users the opportunity to search for products, services and formulations for specific end use applications or industries and provides technical, regulatory and commercial information or content, contact data to paints and coatings experts of the Provider and its Affiliates or companies cooperating with respect to the COATINO® Platform (hereinafter "Partner(s)") and their Affiliates. The COATINO® Platform also allows Partners to publish information on their products, and services and related technical information on the COATINO® Platform and contains tools (applications) that assist the Users during formulation development. Within the framework of certain services offered on the COATINO® Platform Users may upload certain Content (as defined in Section 6.1) in order to use these tools. Moreover, the COATINO® Platform enables Users to release follow up actions to search results directly or via 3rd party platforms or homepages of Partners.

  1. Registration and use of certain services

    1. The presentation of Content on the COATINO® Platform to other Users and Partners is offered exclusively to Partners. The Provider decides in its sole discretion on who may become a Partner. The Provider reserves the right to deny a registration as a Partner in its sole discretion without giving any reasons. In cases of a denial of registration or of an incomplete registration, all Partner data relating to the registration collected by the Provider up to the relevant point will be irrevocably deleted within five business days, save where otherwise required by statutory law (e.g. legal retention periods, cases of improper use etc.).
    2. Certain uses offered on the COATINO® Platform may be offered exclusively for Users registered in accordance with the terms of the Conditions for Opening an Evonik Account (hereinafter"Registered User(s)"). Additionally, the access to certain services is subject to an approval process and the Provider reserves the right to deny access in its sole discretion without giving any reasons.
    3. A Partner, Registered User or User is represented by its representative. Such representative must be a natural person who is authorized to bind the Partner, Registered User or User in terms of these Terms of Use (hereinafter "Operator"). Each Partner, Registered User or User shall procure its Operators to comply with the Terms of Use applicable to the Operators and to implement the Terms of Use on behalf of the Partner, Registered User or User as well as monitor the Operators' compliance with the Terms of Use.
    4. Each Partner and Registered User undertakes to provide only true, accurate, up-to-date and complete registration data. Each Partner and Registered User shall procure its Operators to do so. Each Partner and Registered User shall without delay inform the Provider of any change in the registration data using the form on the COATINO® Platform.
    5. In the following the term “User” refers to Partners, Registered Users, and non-registered Users, unless otherwise specified.

  2. Services of the Provider / Using the COATINO® platform

    1. The Provider will endeavor to provide the services of the COATINO® Platform without interruptions and without errors of transmissions. However, the User has no claim to permanent use of the COATINO® Platform. In particular, the Provider is not obligated to ensure availability and accessibility of the COATINO® Platform at any point in time. Access to the COATINO® Platform may be periodically interrupted or limited in order to allow for repairs, maintenance or the introduction of new functions or services. The Provider will endeavor to minimize the frequency and duration of such temporary interruptions.
    2. The Provider may agree with a Partner to facilitate the publishing of certain information provided by Partner on the COATINO® Platform. Any information uploaded or forwarded to the Provider to be used on the COATINO® Platform shall be in a format approved by the Provider.
    3. Within the framework of certain services offered on the COATINO® Platform, Users may upload certain Content.
    4. The Provider is not responsible for any Content placed or uploaded on the COATINO® Platform by a User. The Content is placed or uploaded by the User and its quality is not controlled in any way by the Provider. In particular, the Provider is not responsible for verifying any User’s true identity.
    5. The COATINO® Platform allows a Partner to present its chemical products and services together with the specific product and service information. Commercial information, such as prices, payment conditions, potential freight rates and shipping periods (lead times), may not be presented.
    6. For the avoidance of doubt, the presentation of products or services on the COATINO® Platform does not constitute legally binding declarations of intent or offers. At this point in time, sale and purchase agreements are not concluded on the COATINO® Platform. Users may enter into sale and purchase agreements separate from and outside of the COATINO® Platform, such agreements to be subject to mutual consent between the relevant parties and on terms and conditions to be agreed between such parties.
    7. The Provider reserves the right to delete Content provided or uploaded by User if such Content is not in accordance with these Terms of Use. In such case, the Provider will notify the User. In any case, the User remains fully and solely responsible for the accuracy, content, and legality of its Content.

  3. Rights and Obligations of Partner

    1. A Partner may in its discretion provide the Provider with a company profile (incl. logos and images) of Partner for the purposes of promoting Partner’s company in a so called “Partner Lounge” on the COATINO® Platform.
    2. Any Partner presenting a product or service is responsible for ensuring that the information on the products and services is accurate, up-to-date and in accordance with good industry standard and applicable law. In the event of a change in product or services, the Partner shall amend such information without delay.
    3. In order to ensure the ongoing quality of the COATINO® Platform, Provider may require Partner to review and, if necessary, update, the information it provides on its products and services, in particular whether it is still accurate and up-to-date, on regular intervals (at least twice per year) to be agreed.
    4. Partner ensures that the products and services as well as any related information or communication comply with all applicable laws, in particular all applicable environmental and labour laws. The Provider expects that a Partner when using the COATINO® Platform observes the internationally recognized minimum standards of the UN Global Compact and the international labour standards of the International Labour Organization (ILO). The Provider is not responsible for ensuring and does not warrant or guarantee that products, services or related information comply with applicable laws.
    5. Any Content by Partner shall be provided in accordance with general customs for international business.

  4. Obligations of Users

    1. Users undertake to inform the Provider without any delay of any errors during the use as well as opportunities to improve the COATINO® Platform and the other objectives described above.
    2. Users undertake to implement security measures to protect against the loss of data and sudden unavailability of the COATINO® Platform. The COATINO® Platform is explicitly not designed, agreed between the parties, and charged as a continuously available system. Therefore, User shall at all times ensure that its business processes are not materially affected by a malfunction of the COATINO® Platform, e.g. by way of preparing emergency plans.
    3. Users shall comply with the applicable laws, in particular, criminal law, competition law, and intellectual property law and shall not infringe third party's rights or the rules of good conduct and morality when using the COATINO® Platform, in particular when publishing or uploading Content. Furthermore, Users shall ensure that its use of the COATINO® Platform is not in breach of any contractual obligations. The Provider shall not be obliged to review any Content that is published or uploaded by a User.
    4. Users shall not take any action which may manipulate, harm or overload the operations of the COATINO® Platform or the infrastructure underlying it. Users shall not block, overwrite, modify, or infringe Content generated by the COATINO® Platform or intervene in any other way in the operation of the COATINO® Platform. Provider is entitled to take all measures necessary to secure the integrity of the COATINO® Platform.
    5. Users are prohibited to automate the read out of Content from the COATINO® Platform, pass it on to another company or use it for advertising and marketing purposes, unless the Provider and the affected User has given its prior written consent.
    6. If User becomes aware of any infringement of or non-compliance with these Terms of Use or other applicable provisions, User shall inform the Provider thereof without undue delay per email to coatino@evonik.com. The Provider shall delete from the COATINO® Platform any improper Content after having been notified thereof.

  5. Consideration/Fees

    1. The use of certain services requires a payment, which will be specified and displayed before using these services. The User must explicitly accept the specific payment terms in order to be able to use such service. The Provider shall inform Users in due course in the event that the Provider will change the fee structure.
    2. Any fees payable for the use of the COATINO® Platform shall apply exclusive of VAT and will be invoiced by the Provider depending on the model explicitly accepted by the User. Unless otherwise agreed, any such invoices shall be payable within 7 days as of receipt of the invoice by the User via the payment method chosen by the User.

  6. Copyright and Intellectual Property Rights

    1. The information published or uploaded on the COATINO® Platform, in particular, all data, texts, images, graphics, logos, as well as their presentation (herein "Content"), shall only be used in accordance with the applicable statutory provisions, in particular, those relating to copyright, other intellectual property rights and know-how.
    2. User may not copy, reproduce, distribute, display, transmit, modify, create derivative works or reverse engineer any portion of the COATINO® Platform or any information, data and other Content made available by other Users through the COATINO® Platform. In particular, using the Content on other websites and/or platforms is prohibited. Existing rights of Users to use their own Content are not limited by this section.
    3. Hyperlinks may only be provided on the COATINO® Platform with the Provider's prior consent. References and links to external websites should not be interpreted as adopting the content behind the link or reference. The inclusion of such links on the COATINO® Platform does not indicate Provider’s responsibility for the data and information contained there. The respective provider or operator of these external websites is always responsible for their content. Upon notification of violations, Provider will remove such links immediately. Further Provider is not responsible for the availability of these sites or their contents.
    4. The Provider reserves all intellectual property rights in the COATINO® Platform and any underlying software, algorithms, databases, any improvements thereto as well as any Content provided by the Provider. Except as otherwise expressly provided, no rights in any such intellectual property are transferred or granted to User beyond the non-exclusive, non-transferable and non-sublicensable right to access the COATINO® Platform in accordance with these Terms of Use.
    5. Unless otherwise provided in these Terms of Use, no rights of use of intellectual property including trademarks and patents are granted via the COATINO® Platform. Without explicit written permission, such use, in particular commercial use, is prohibited and constitutes a breach of applicable law.

  7. Granting of Rights and Indemnification

    1. The User retains ownership of Content it uploads. However, the User grants the Provider a perpetual, world-wide, royalty-free, non-exclusive right to use the Content in connection with the COATINO® Platform.
    2. The Provider may use the Partner’s name and logo as reference in its marketing materials, promotion, and advertising of the COATINO® Platform. The Provider is entitled to include a link on the COATINO® Platform to forward Users to Partner’s homepage. The Partner may use the logo of the COATINO® Platform to forward Users of the Partner’s homepage to the COATINO® Platform landing page.
    3. The Provider and its Affiliates have the right to collect and analyze data and other information relating to the use and performance of the COATINO® Platform as well as Content provided or uploaded on the COATINO® Platform by User and will be free to use such information and Content to develop, improve and provide their offerings including the COATINO® Platform.
    4. The Provider's right of use also includes the partial or complete removal of Content from the COATINO® Platform without prior notice.
    5. The User shall indemnify the Provider against all claims, including claims for damages, which other Users or third parties assert against the Provider arising out of an infringement of their rights based on the Content which a User has uploaded to the COATINO® Platform or the use of the COATINO® Platform by User. The User shall pay all reasonable expenses which the Provider incurs as a result of such an infringement, including the costs of legal defense. The User may, however, provide evidence that the Provider has incurred lower costs than claimed. The abovementioned obligations of the User shall not apply if the User is not responsible for the infringement.
    6. The User shall report to the Provider per email at coatino@evonik.com on any asserted claims by other Users or third parties, without undue delay, after having been notified thereof.
    7. The Provider retains ownership of all intellectual property rights in the COATINO® Platform. Users shall take this into account and not use any services or Content from the COATINO® Platform of any kind beyond the capabilities granted by the COATINO® Platform in connection with its use. This, in particular, means that a User may not use the Content received via the COATINO® Platform for any purpose other than communication relating to the presented Content.

  8. Liability

    1. The Provider shall not be liable for any Content provided by Users on the COATINO® Platform. In particular, the Provider shall not be liable for the timeliness, completeness, and accuracy of the Content or for infringements of third-party rights. Therefore, the Provider recommends that the Content on the COATINO® Platform be verified for its accuracy and completeness prior to use. Subject to the limitation of liability set forth herein, the Provider accepts responsibility only for taking countermeasures without undue delay after discovery of facts or circumstances which disclose illegal actions or information or after the Provider obtains knowledge thereof in any other way.
    2. Each User is solely responsible for its acts and omissions in connection with the COATINO® Platform. Suitability, performance and safety of products, formulations, recommendations or analysis results provided on the COATINO® Platform should be verified by testing, which should be carried out only by qualified experts in the sole responsibility of the User. Reference to trade names is neither a recommendation, nor does it imply that similar products could not be used. The provision of any information, formulations, or recommendations on the COATINO® Platform implies no liability or other legal responsibility on part of the Provider, including with regard to existing third party intellectual property rights, especially patent rights.
    3. The Provider has limited ability to verify the true identity of Users. Accordingly, the Provider excludes any liability whatsoever in this regard.
    4. The Provider does not guarantee any turnover or success of a User as a result of using the COATINO® Platform.
    5. Furthermore, regardless of the legal basis, claims for damages may be made against the Provider only if the Provider breaches an obligation which is essential for the fulfillment of the purpose of a contract (cardinal duty). In such cases, damage claims shall be limited to the amount of typically foreseeable damage.
    6. The above limitation of liability shall not apply insofar as the Provider causes damage through gross negligence or intent, in cases of injury to life or body, or in cases of mandatory liability.

  9. Antitrust Compliance Obligations

    Provider and Users will undertake all reasonable efforts to ensure compliance with applicable antitrust laws (antitrust compliance).

  10. Data Protection

    The Provider complies with the current version of regulations relating to data protection. In particular, the Provider will not pass on or otherwise disclose personal data to third parties without authorization. For details on compliance with data protection guidelines, please refer to our Privacy policy.

  11. Changes to these Terms of Use

    The Provider reserves the right to amend these Terms of Use from time to time.

  12. Termination rights

    1. Without limiting other legal remedies available to the Provider, the Provider may, but shall not be obliged, to (a) limit, restrict, suspend, or terminate accounts of Users and access to the COATINO® Platform in whole or in relation to individual Operator(s), and (b) take technical and legal steps to keep the User as well as any or all of its Operators from accessing and using the COATINO® Platform, if the Provider reasonably believes that the User or any of its Operators violates its obligations and/or the use restrictions applicable in relation to the COATINO® Platform under these Terms of Use. The Provider will notify the relevant User of such measures without undue delay and give the User opportunity to comment on the circumstances which caused the Provider to take these measures.
    2. The Provider shall be free to cease the provision of the COATINO® Platform at any time. In such case, all existing registrations are terminated with immediate effect. No User is entitled to claim a right to use the COATINO® Platform.

  13. Final Provisions

    1. If any provision of the Terms of Use is or becomes, in whole or in part, invalid or unenforceable, the other provisions of the Terms of Use shall remain in full force and effect.
    2. The Terms of Use are subject to the laws of the Federal Republic of Germany without regard to its conflict of laws principles. The United Nations Convention on Contracts and the International Sale of Goods (CISG) of April 11, 1980, shall not apply. The courts of Essen, Germany, shall be the exclusive place of jurisdiction, save that the Provider is entitled to bring any claim in any competent court at User’s place of business.