- These terms and conditions (“Terms”) shall form a contract between you (''you'' or “Customer”) and Ingram Micro AB (''IM''). The Customer shall be bound by these Terms when IM receives a copy of the Terms signed by the Customer on the front page. For the purpose of these Terms ''Services'' shall mean any of the services made available to users with a trading account accessible at www.ingrammicro.se (the “Site”) including, but not limited to, services like access to IM’s product inventory and prices, and the possibility of placing purchase orders.
- IM reserves the right to make changes to these Terms. IM shall make reasonable efforts to notify you of any changes. However, you agree to be bound by any superseding Terms, even if you have not received individual notice of such a change. Posting on the Site a change notice or new Terms shall be considered sufficient notice. It is the Customer’s responsibility to periodically access the Site and review the applicable Terms and to ensure compliance with the Terms in effect. If any changes to the Terms are not acceptable to you, your only remedy shall be to cease using the Site and withdraw from the Service offerings. Your continued access and use of the Site and the Services after IM’s posting of revised Terms shall constitute ratification of your acceptance of the Terms and any new terms or conditions.
- IM reserves the right to prevent and/or prohibit access to the Site and related trading systems by anyone for any reason, consistent with applicable law. To assist in enforcing IM's rights and responsibilities, you agree to allow IM to uniquely identify any computer the Customer and its representatives use to access the Site as the source of purchase orders placed on the Site. You acknowledge that the use of the Site is a privilege granted under these Terms and that your rights will not be considered abridged in the event that you are denied access to the Site.
- You agree to appoint one or more administrators (the “Administrator”) who will each be provided a unique identifier consisting of the Administrator’s name, email address, a control question, and a password (together and individually "Customer Identification"). The Administrator may appoint additional and multiple users (“Authorised Users”) and allow each of them access to the Site by providing name, email address and password for each single Authorised User. Each Authorised User will have its unique Customer Identification, and the Administrator may provide and restrict access to the Site and the Service for any Authorised User. The Administrator’s privilege is granted subject to the Customer being fully liable towards IM for any acts or omissions of the Administrator and any other person who has been granted access to the Site by the Administrator. You may replace an Administrator at any time provided you immediately inform IM about the replacement and submit to IM all required details of the new Administrator.
- You represent that the Administrator and each person being granted access by the Administrator to the Site and Service is an Authorised User and that any Authorised User has the capacity and authority to place orders for IM products and services and make other commitments on behalf of Customer.
- The Administrator may at any time change, add, unlock, or delete Authorised Users and reset password for any Authorised Users. Customer accepts that any such changes made by the Administrator require verification and handling on IM’s side and IM agrees to implement changes, additions or deletions within twenty-four (24) hours (except Saturdays, Sundays and public holidays) of receipt of the Administrator’s notification.
- It is your responsibility to keep the Customer Identification confidential and not disclose the Customer Identification to any third party. You shall immediately inform IM of any event of loss of Customer Identification or abuse or attempted abuse of the Customer Identification.
- You agree to establish and maintain appropriate security measures and procedures to ensure the Customer Identification is only used by the Administrator and Authorised Users for authorised purposes. You shall be fully liable for any use of the Customer Identification by any former, present or future Administrators, Authorised Users, agents, representatives, employees or any other persons who has been granted or obtained access to a Customer Identification. You shall also be responsible for any change of the Administrators and Authorised Users, and to the number and qualifications of any Authorised Users.
- These Terms grant you permission to use the Site and the related trading systems, including but not limited to, for the purpose of:
- Reviewing IM’s product prices and availability;
- Viewing of product specifications and technical information;
- Placing of purchase orders for products (including software licenses) made available at the Site; and
- Accessing any information made available to the users of the Site.
- You do NOT have the right and you agree NOT to use the Site for any of the following:
- Unlawful or harmful behavior or conduct;
- Improper copying of proprietary or copyrighted material, such as copying of images and trademarks belonging to IM or its suppliers without obtaining written permission from the owner;
- Subject the Site to the use of any search engines or facilities that are not part of the Site or IM’s trading systems;
- Copy, distribute or otherwise dispose of any content on the Site for the benefit of any third parties including but not limited to any competitors of IM.
- Without IM’s written consent, linking to the Site or any part thereof is not permitted. You agree that your own website will not copy or attempt to imitate the look and feel of the Site, nor will it create the impression that your website is the Site, or any part of the Site.
- You agree that any purchase order placed on the Site or IM’s trading systems mentioning or utilising a Customer Identification is a valid and binding purchase order and, for the avoidance of doubt, the equivalent of a signed purchase order. IM’s standard Terms and Conditions of Sale shall apply to all orders placed on the Site, unless you have entered into a separate agreement with IM for the purchase and/or license of IM’s products, in which case the terms and conditions of such agreement shall govern the purchase and/or license of IM products ordered on the Site.
If a credit or debit card is used to pay for orders on the Site following access to the Site through use of Customer Identification, you shall be fully liable for any loss or damage incurred by IM if such cards have been used fraudulently. Any credit or debit card order processed on the Site using a Customer Identification granted by the Administrator will be deemed as having been submitted by the Authorised User logged on to the Site at the time of the card payment, and you shall be fully liable and without any redress to IM .
- All Product pricing, descriptions, availability and related information (“Information”) provided by IM, in any form, is the property of IM or its suppliers. IM shall be entitled to stop the provision of Information at any time without notice. IM makes no warranty, either express or implied on the Information or its accuracy. All Information is provided to Customer “as is.” If there has been a material or obvious pricing error by IM the Customer shall not be entitled to the benefit of any lower price caused by such errors, and IM shall be entitled within 30 days of its acceptance of such offer to either invoice the Customer for the Customer’s true list price (not exceeding the prevailing market price at wholesale level) of the Product at the date of order acceptance or, if the Customer shall prefer, collect the Product at IM’s expense and credit the Customer for any charges (e.g. price and freight) invoiced by IM. Customer agrees to update such Information regularly to ensure its accuracy. Customer agrees to hold in confidence and not to directly or indirectly use, reveal, report, publish, disclose or transfer to any other person or entity any of the Information or utilise the Information for any purpose except as permitted herein. Specifically but without limitation Customer is not entitled to utilise Information for any purpose other than in the normal course of business of a reseller and is not entitled to use, reproduce or display the Information in any way, which in IM’s opinion; (1) would enable it to be identified as information obtained from IM (2) would enable comparison of the Information with other suppliers' information relating to products or (3) could be damaging to IM’s business interests.
- The term of these Terms begins upon IM granting Customer Identification details to your Customer Administrator and will end when terminated in writing by either party. At any time, either party may terminate these Terms, with or without cause, by giving the other party written notice of termination.
- If you continue to use the Site following termination of these Terms, such use shall be an intentional infringement of IM's copyrights. Accordingly, upon termination of these Terms, you shall forthwith cease using the Services, and remove any links to the Site as a result of your use of the Service. IM may terminate your access to the Site and the Service, and disable any Customer Identification if the Customer has not placed any purchase orders using its Customer Identification during a period of 30 days.
- You assume full responsibility for the selection of the Site to achieve your intended results. IM provides the Site and the Service on an as-is basis. IM makes no representation that the operation of the Site is uninterrupted, nor does IM guarantee the security of the Internet and the possibility of interception or corruption of data transmitted from or to the Customer. IM is nonetheless entitled to rely upon any data transmitted by the Customer in the form it is received by IM.
- Customer hereby waives any future challenge to the validity and enforceability of any purchase order or other commitments submitted using the Site and the Service on the grounds that it was electronically transmitted and authorised.
- Customer is responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to access the Site and use the Service.
- EXCEPT AS SPECIFIED IN THIS SECTION, THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE SERVICES, TRADING SYSTEMS, AND DOCUMENTATION (AS WELL AS ANY OTHER FILES ON THE SITE) ARE PROVIDED ''AS IS.''
- The validity, interpretation, and performance of these Terms shall be controlled by and construed under the laws of the country where IM accepts the order, and Customer accept the exclusive jurisdiction of the courts of that country, provided that IM shall at all times have the right to commence proceedings against Customer in any other court of appropriate jurisdiction for collection of its outstanding invoices to the Customer.
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