Cloud Workspace Collaboration Portal (“Site”) Terms and Conditions of Use (“terms”)
1. General
1.1 PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. These terms apply to all persons using the Site (“You”, and “Your”) and by accessing and using the Site You agree that You have read, understood and accepted these terms and will ensure that all employees and other individuals accessing and using the Site on behalf of Your company are aware of and observe these terms. BY ACCESSING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT USE THE SITE. In using the Site you may access other components of the Cloud Workspace Collaboration service including third party software and online sites for document capture or processing. Such third party software and sites are licensed to You in accordance with their licensing and service terms which You will need to accept separately. You can access their licensing terms and conditions by visiting https://www.canon-europe.com/eula. Service terms may vary depending on the service chosen.
1.2 The Site, including all its features and content, is provided to You by Canon Europa NV whose registered office is at Bovenkerkerweg 59, 1185 XB Amstelveen, the Netherlands and on behalf of its affiliates (in the following “Canon”, “We”, “Our” and “Us”).
1.3 As a user of this Site you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use the Site in accordance with these terms.
1.4 These terms govern your access to and use of the Site only and shall not affect the continuation in force of any related service agreements You have with Canon.
2 Acceptable Use.
2.1 You may only use the Site in accordance with these terms 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 the Site. In particular, You agree that You shall not:
2.1.1 upload or make available files containing corrupt data or viruses via whatever means;
2.1.2 take any action that imposes an unreasonable or disproportionately large load on the Site or associated infrastructure;
2.1.3 copy, reproduce, republish or distribute all or any part of the Site;
2.1.4 rent, lease, sublicense, loan, translate, merge adapt, vary or modify the Site and (subject to any 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 the Site nor permit the Site or any part of it to be combined with, or become incorporated in, any other programs;
2.1.5 disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Site nor attempt to do any such things; and
2.1.6 use any network monitoring or discovery software to determine the Site architecture, or extract information about usage or individual identities or users.
3 Access to the Site
3.1 You shall provide Us with a current email address in order for Us to provide You with access to the Site.
3.2 We reserve the right to deny You access to the Site and to terminate Your use of the Site at any time and for any reason and with no liability and the provisions of clause 9 shall apply.
3.3 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.
4 Modifications
4.1 We may, at any time and at Our sole discretion, make improvements or changes to the Site or to the information, services, products and other materials on the Site and any such changes shall be subject to these terms. You accept that such changes may result in You being unable to access the Site.
4.2 We may terminate the Site at any time without notice or liability of any kind.
4.3 We may also modify these terms from time to time, and such modification shall be effective immediately upon posting of the modified terms on the Site without prior separate notification to You. Accordingly, Your continued access to or use of the Site or any part of it is deemed to be Your acceptance of the modified terms.
5 Disclaimer of warranty
To the maximum extent permitted by law, We disclaim all express or implied warranties and all liability with regard to the Site and the information, services (including third party software) and materials contained on the Site or accessed or used through the Site. All such information, services (including third party software) and materials are provided "as is" and "as available" without warranty of any kind.
6 Indemnification
You agree to indemnify, defend and hold Us harmless from and against any liability, loss, claim and expense (including reasonable legal fees) related to Your breach of these terms.
7 Intellectual Property Rights
All trademarks, copyright, database rights and other intellectual property rights in any materials displayed, made available or accessible on the Site as well as the organization and layout of the Site and the software code of the Site 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 or Our licensors in relation to trademarks, copyright, database rights and other intellectual property rights in any materials displayed or accessible on the Site, in the organization and layout of the Site and/or in the software code of the Site.
8 Data Protection
If You choose to register for the Site, You agree to provide Canon with the accurate, up to date, business/work related data as requested in relation to the Site and any registration form. Your provided data will be used by Canon solely for the purpose of administering the Site and Your account. For details of Our use and transfer of Your business/work related personal data, please refer to Our Privacy Policy [found here] and Cookie Policy [found here].
9 Termination
9.1 We reserve the right to:
9.1.1 deny or suspend Your access to the Site;
9.1.2 deny creation of, suspend or terminate Your account at any time;
9.1.3 terminate these terms in Our sole discretion, at any time without notice.
9.2 Upon termination of access to the Site by You or Us, You must discontinue Your use of the Site and destroy promptly all materials obtained from the Site and any copies thereof.
10 User Policy
10.1 You undertake not to post to or send via or use in relation to the Site or any forums any materials that are or could reasonably be construed as: (i) defamatory, libellous, 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.
10.2 You also agree not to transmit to or send via the Site or any forums 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.
11 Governing Law
These terms, and any non-contractual obligations arising out of or in connection with these terms, shall be governed by and construed in accordance with the English law. You irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with Canon or these terms (including non-contractual disputes or claims).
12 Miscellaneous
12.1 Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
12.2 Clauses 5 and 6 are for the benefit of Us and Our officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against You on its own behalf.
12.3 Clauses 2, 3.4, 4, 5, 6, 7, 8, 9 and any clause which, by its nature, should survive termination or expiration of these terms shall survive termination or expiration.
12.4 These terms constitute the entire agreement between You and Us in respect of Your use of the Site and the Materials. If any provision of these terms is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity or enforceability.
Last updated April 2020