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Terms and Conditions



WEBSITE TERMS OF USE

Welcome to http://www.prokom.org (which we will refer to as the Website).

The Website is provided by Konica Minolta Business Solutions Europe GmbH (Konica Minolta), trading as "Prokom – a Konica Minolta user association".

Prokom – a Konica Minolta membership association and programme of Konica Minolta, supported by a core team of Elite members. The core team, chosen from membership act to provide advice to Konica Minolta on how to develop content, seminars, conferences and the e-learning web-portal. Konica Minolta (owner of the programme and association) will act in the best interests of all members to help them to connect, learn and grow their businesses.

Konica Minolta Business Solutions Europe GmbH is a company incorporated and registered in Germany, with commercial register number: HRB 58272 (Hannover), its registered office is at Europaallee 17, 30855 Langenhagen.

TERMS OF USE:

Your use of the Website and any other services that we offer via the Website (Service) is subject to these website terms of use (Terms).  

Please read them carefully before using the Website.  If you do not agree to these Terms, please do not use the Website.
In these Terms we/our/us means Konica Minolta Business Solutions Europe GmbH, trading as Prokom – a Konica Minolta user association and you/your means you as a user of the Website, as the context requires.

1.    USE OF THE WEBSITE

1.1    By using the Website, you signify your agreement to be bound by these Terms. If you do not agree to accept these Terms, you should not use the Website.

1.2    We reserve the right to change these Terms at any time. We will notify you of any such changes at least four weeks prior to the coming into force of the amended Terms. Unless you object the amendments within those four weeks, your continued use of the Website and our Service will be deemed agreement on your part of these Terms as amended. However, we will draw your attention on these consequences along with the notification.

1.3    Please also read our Privacy Policy and Cookies Policy which explains how we may collect and use information about you via the Website.

1.4    Certain services we provide are reserved for our registered members (we refer to these as Member Services). Our Membership Terms will apply to your membership with us and your use of any Membership Services.  In the event of any conflict or inconsistency between these Terms and the Membership Terms, the Membership Terms shall apply.

2.    ACCESSING OUR WEBSITE

2.1    Access to the Website is permitted on a temporary basis and we reserve the right to suspend, withdraw, discontinue or change all or any part of the Website without notice, unless any such suspension, withdrawal, discontinuation or change is unacceptable or justified by objective reasons.  We will not be liable to you if the Website is unavailable at any time or for any period due to technical reasons and/or maintenance services and/or similar reasons to a reasonable extent.

2.2    We may update the Website from time to time, and may change the content at any time.  The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Use of the Website or the advice contained on it, does not guarantee any business success, including but not limited to an increase in turnover or clients.

2.3    Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.  

2.4    If we permit you to post or provide any information on or via the Website, you must ensure that such information does not contravene any applicable laws or infringe any person's legal rights. We do not monitor or edit documents or files posted or provided to us by third parties without cause and accordingly we do not accept any responsibility for any damage or loss you may suffer by claims any third party may assert.

2.5    With regard to the information and content you post or provide on or via the Website, you hereby grant to us, for the purposes of the Prokom association and programme, an irrevocable, unrestricted, transferable, sub-licensable, perpetual, non-exclusive, royalty-free, world-wide license to use, execute, reproduce, display, perform, distribute copies of, and prepare derivative works based on such information and content and to authorize others to do any or all of the foregoing. The granted right to use particularly encompass the right to copy, to disseminate, to publicly reproduce and to make accessible to public the relevant information and content in any and all types of use whether known or unknown at the time these Terms become binding for you, including the right to process and/or to develop as well as any and all activities according to sec. 69c No. 1 and 2 of the German Copyright Act (UrhG) and to use the results of such processing and or developing to the extent as described in this condition 2.5. Further, you expressly waive your entitlement to be named as the author.

2.6    You agree that you will not:

  • 2.6.1    attempt to decompile, reverse engineer, disassemble or otherwise to derive source code from the Website;
  • 2.6.2    tamper with, hinder the operation of, make unauthorised modifications to the Website including attempting to interfere with the access of any user, host or network; 
  • 2.6.3    use the Website for any activities which breach any laws or regulations or infringe any third party rights;
  • 2.6.4    remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of ours or any third party;
  • 2.6.5    use the personal information of another person in order to access or use the Website; and
  • 2.6.6    transmit any bug, virus or other disabling feature to or through the Website. 

 

3.    INTELLECTUAL PROPERTY RIGHTS

3.1    We are the owner or the licensee of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

3.2    You may save and print copies of extracts from the Website in hard copy for your personal use or the use of others within your organisation.

3.3    You may supply a copy of any extract from the Website to an individual third party for their personal use only, provided that:

  • 3.3.1    you acknowledge that the Website is the source of the extract, and include the address of the Website and the date of the extract in any such copy;
  • 3.3.2    you inform the third party that these licence conditions apply and that the third party must comply with those conditions;
  • 3.3.3    you copy the extract in full with no amendment or editing;
  • 3.3.4    the extract is not supplied for any commercial purpose or for a fee; and
  • 3.3.5    the extract is not incorporated in any other work or publication.

3.4    If you wish to reproduce or use information from the Website beyond the terms of this licence, please contact us for express consent. You can do this by addressing your request to info@prokom.org.

4.    USER ACCOUNTS AND PASSWORDS

4.1    Where you are provided with a user ID, password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party. The right to use the secure areas of the Website and/ or Member Services is personal to you, and you may not allow other people to use your log-in details.

4.2    You are responsible for all activity and for the accuracy of all information and requests sent using your username, password or any other personal identification implemented to identify you.

4.3    You must notify us immediately of any unauthorised use of your account, or other account related security breach of which you are aware.

5.    LIABILITY

5.1    We provide the Website on an "as is" and "as available" basis and to the fullest extent permissible by law we do not guarantee that the Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error, or that it will be free from viruses, worms, Trojans or other harmful elements.  We recommend that you protect your equipment by having appropriate anti-virus software in place.

5.2    Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources so we assume no responsibility for the content of such sites.  Such links should not be interpreted as endorsement by us of those linked websites.  We will not be liable for any loss or damage that may arise from your use of them. In case you notice that any linked third party content infringes your rights or constitutes an infringement of statutory legal provisions in whatsoever form, please notify us. We will review and – if applicable – take further steps to takedown the unlawful content.

5.3    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

5.4    We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website; or use of or reliance on any content displayed on the Website.  In particular, we will not be liable for:

  • 5.4.1    loss of profits, sales, business, or revenue;
  • 5.4.2    business interruption;
  • 5.4.3    loss of anticipated savings;
  • 5.4.4    loss of business opportunity, goodwill or reputation; or
  • 5.4.5    any indirect or consequential loss or damage. 

5.5    Notwithstanding the above restrictions, we are unrestrictedly liable for death, personal injury or damage to health and any other damages caused intentionally or with gross negligence by us, our legal representatives or our auxiliary persons. Our liability according to the German Product Liability Act as well as our liability for damages caused by primary obligations, i.e. such basic duties which form the essence of the contractual relationship between you and us and which were decisive for its conclusion and its performance, remains unaffected. In case of damages caused by simple negligence, we shall not be liable for unforeseeable and atypical damages.

6.    LINKING TO OUR WEBSITE

We reserve the right in our absolute discretion to prohibit any link from another site to materials or information on the Website without notice. Any link to material or information on the Website must be neither misleading nor deceptive and must fairly indicate the Website as the destination of the link. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

7.    ADDITIONAL SERVICES OFFERED BY US OR THIRD PARTIES

We may offer services and events via our Website, which are offered by third parties. In most cases, this means there are likely to be additional terms and conditions which apply to your contract with the provider of such services and events. We may also offer additional services from time to time, which are subject to additional terms and conditions. You will comply with any such terms and conditions which are brought to your attention, whether by us or a third party.

8.    APPLICABLE LAW

These Terms shall be governed and construed in accordance with German law and you agree – wherever legally permissible – to submit to the exclusive jurisdiction of the courts of Germany in relation to any dispute in relation to them.

MEMBERSHIP TERMS

Certain services we provide are reserved for our registered members (we refer to these as Member Services).
Prokom – a Konica Minolta user association, offers two types of membership package (each a Membership):
•    Blue Memberships
•    Elite Membership

Your Membership and your use of any Member Services are subject to these membership terms (Membership Terms), which form part of our Website Terms of Use.
Please read these Membership Terms carefully before using the Website.  If you do not agree to these Membership Terms, please do not register for a Membership or use any of the Member Services.
In these Membership Terms:

  • we/our/us means Konica Minolta Business Solutions Europe GmbH, trading as Prokom – a Konica Minolta user association. 
  • you/your means you, as the organisation registering and using the Member Services.
  • Member means an organisation which is registered for a Membership with us.

1.    ELIGIBILITY FOR MEMBERSHIP

1.1    You must meet the following criteria to become a Member:

  • 1.1.1    Membership is only open to corporate entities (i.e. registered companies and partnerships). Individuals are no eligible for Membership;
  • 1.1.2    you must be registered for value added tax (or other applicable indirect sales tax), (where you are registered in the EU, you must provide us with your registered VAT number and where you are registered outside the EU you must provide us with a certificate of VAT registration); 
  • 1.1.3    you must be a user of Konica Minolta production printing equipment, according to our records or to evidence which you provide to us.

1.2    We reserve the right to verify eligibility of Members and to suspend or terminate Member Services at any time (without notice or refund) for any organisations where we believe they do not satisfy these eligibility criteria.

2.    BECOMING A MEMBER

2.1    To apply to become a Member, you must complete the online registration form (Registration Form), including your full company name and valid payment card details (for Elite Memberships only).  

2.2    You will be required to nominate a central point of contact for your organisation (your Authorised Representative). The Authorised Representative must be your employee using a business email address.

2.3    By completing the Registration Form, you warrant that any information provided in the Registration Form is true, complete and accurate. You agree to promptly inform us of any changes to such information (you can do this by updating your account details at any time by contacting our administration team at info@prokom.org (being our Contact Email Address).

2.4    We will use the email address provided for your Authorised Representative as your main correspondence email for the Membership.

2.5    Once the Registration Form is submitted, you will receive an automated email confirming that we have received your application. This does not amount to an acceptance of your offer to become a Member. All applications for Membership are subject to our acceptance, in our absolute discretion.

2.6    You will be contacted by email when your application is approved. This email will be our acceptance of your application to be a Member. Once this registration process is complete, you will have access to the Membership Services, subject to these Membership Terms, the Website Terms of Use and our Privacy Policy.

2.7    Your Authorised Representative and his/ her contact details can be updated by emailing our Contact Email Address].

3.    USERS

3.1    The Authorised Representative will be able to nominate up to five further users who shall be eligible to access Member Services.

3.2    All users must be registered using a corporate email address for your organisation (a Qualifying Address).

3.3    While you are a Member, individual users with a Qualifying Address will be able to register further individual accounts (in addition to those in condition 3.1) to access the Member Services. Please contact us at our Contact Email Address, detailing the request for registration and access. A member of our team will validate each new request and send a confirmation email confirming the registration once it is complete.

3.4    We reserve the right to verify the eligibility of individual users or Qualifying Addresses and to suspend or terminate Member Services (without notice) for any users where we believe they do not satisfy these eligibility criteria. You will ensure that any User who accesses the Membership Services complies with these Membership Terms, along with the Website Terms of Use, Privacy Policy and Cookies Policy.

4.    SUBSCRIPTION TERMS AND AUTO-RENEWAL

4.1    By becoming a Member you are subscribing to a rolling twelve month Membership, which starts from the date we accept you as a Member, (each twelve month period being a Subscription Period).

4.2    If you wish to cancel your Membership, you must do so by email to our Contact Email Address at least ninety (90) days before the expiry of the then current Subscription Period, otherwise your Membership will renew automatically and we will charge you for any applicable Membership Fees in accordance with condition 5.2 below.

5.    MEMBERSHIP FEES FOR ELITE MEMBERSHIPS

5.1    No membership fees are payable for the Blue Membership.

5.2    The membership fee payable for an Elite Membership is set out on our Website (Membership Fee). The initial payment will be taken at the time we accept your application.

5.3    The Membership Fee will be paid annually in advance, at the beginning of each Subscription Period (as defined in condition 4.1 above).

5.4    All payments taken will be in euros and will be taken by us from the payment card details provided by the Authorised Representative on the Registration Form (unless you update your payment card details in accordance with condition 2.3 above).

5.5    Except as set out in condition 5.11, if you decide to cancel your Elite Membership, you will not be entitled to any refund of the Membership Fee paid to us.

5.6    We may change the fees payable for our Memberships from time to time. We will notify you in advance of any price changes that will affect your future payments by e-mail to your Authorised Representative.

5.7    By giving us your payment details you agree that we have continuing authority to take Membership Fee payments from your payment card account at the start of each Subscription Period, until you or we end the Membership (pursuant to these Membership Terms).

5.8    The Membership Fee indicated on the Website is exclusive of all taxes, including VAT (or any other indirect sales taxes), which may be payable in respect of the Membership. You will pay any applicable taxes to us in addition to the Membership Fee.

5.9    Membership Fees will be taken and processed via our third party payment processor. We may need to pass some of your details to our payment processer for this purpose. Your becoming a Member will constitute consent to us passing on your details for this.

5.10    It is your responsibility to ensure that all payment details you provide are correct and complete. We are not responsible for supplying Membership Services if the details you submit are incorrect or incomplete. We may end your Membership without notice to you if at any time we are unable to obtain payment using the details you provided.

5.11    No payment will be deemed to have been made until we have cleared funds and we may choose to suspend your Membership until we receive payment in full. If we are unable to accept your Membership application for any reason then we will, at our option, either not debit your payment card or refund any money paid by you in respect of that request.

5.12    We are not responsible for any overdraft or “over the limit” charges or bank fees if your payment card account or facility contains insufficient credit or funds when we take the Membership Fee.

6.    SUSPENSIONS AND TERMINATION OF YOUR MEMBERSHIP

6.1    If you inform us, or if we have reason to believe that, you are in breach of these Membership Terms (including the Website Terms of Use and our Privacy Policy), or any unauthorised use is being made of the Website (whether by you or through your account) then, without prejudice to our other rights and remedies, we may suspend or terminate immediately and without notice:

  • 6.1.1    your Membership; and/ or 
  • 6.1.2    your access (or at our option, the access of any individual users) to the secure areas of the Website and/ or Member Services. 

6.2    We can terminate your Membership for convenience effective from the end of any Subscription Period, by giving you thirty (30) days' notice. If we have already taken payment from you for the next Subscription Period, we will refund you for the Membership Fees which you have paid in advance.

6.3    Except as set out in condition 5.11, you will not be entitled to any refund of the Membership Fee paid in the event we terminate or suspend your Membership Service or use of the Website in accordance with these Membership Terms, the Website Terms of Use or our Privacy Policy.

7.    CONFLICTS OF INTERESTS AND CONFLICTS OF LOYALTIES
Any Member shall keep any disagreement, dispute, or otherwise contentious matter between such Member and another Member or Prokom member separate from the Prokom programme, unless expressly accepted by Konica Minolta as a topic to be addressed in the scope of the Prokom programme.  Neither Konica Minolta nor any such Member shall be under the obligation to arbitrate or otherwise to become involved in the resolution of disputes between Prokom members as part of the Prokom programme.

8.    INDEMNIFICATION
You shall indemnify and hold us harmless from and against any damages, losses, costs, expenses (including reasonable attorney's fees) resulting from any violation of applicable law in relation to a Member’s participation in the Prokom programme, including any infringement of any anti-trust regulation. For the avoidance of doubt, the aforementioned obligation shall not affect our right to take all reasonable measures in its sole discretion to defend itself against any claims of any third party or a public authority arising out of such violation.

9.    OUR LIABILITY TO MEMBERS
Our liability shall be limited to the provisions set out in condition 5 of the Website Terms of Use.


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