This Agreement (the “Agreement”) is an agreement between (i) you and Ahlsell Sverige AB (reg. no. 556012-9206), registered in Sweden ("we" or “Ahlsell”), for your access to and use of the mobile application software linking to these General Terms and Conditions (together with any subsequent applications thereof, the “App”).
By clicking the “ACCEPT” button or otherwise providing consent, you agree to the individual terms and conditions of the Agreement.
To avoid any misunderstandings, the App will not be accessible to persons who do not act on behalf of a company (the “Principal”) that has a Customer Agreement with Ahlsell for the purchase and delivery of goods (the “Customer Agreement”). All sales and purchases made through the App are governed by this Customer Agreement.
To avoid any misunderstandings, the App is licensed – not sold – for use only under the terms of this Agreement. We: (i) reserve all rights not expressly granted to you under this Agreement; and (ii) own (or hold licenses for) all rights under laws such as patents, copyrights, trade secrets, trademarks and all other proprietary rights ("Intellectual Property Rights") in the App.
You must not, and must not allow others to:
(C) COOKIES AND OTHER SIMILAR TECHNOLOGIES
The purpose of this App is to facilitate easy ordering. All orders placed via the Apps are governed by Ahlsell’s General Terms and Conditions of Sale, which can be found at https://www.ahlsell.se/Handla-hos-oss/Villkor-och-prislistor/Leveransvillkor/("Ahlsell’sTerms and Conditions").
If you act on behalf of the Principal, you and the Principal confirm – to the extent that you can legally represent the Principal – that you and the Principal are also bound by Ahlsell’s terms and conditions.
To avoid any misunderstandings, this Agreement does not affect Ahlsell’s terms and conditions.
To the extent permitted by applicable law, you agree to defend and indemnify us from and against any and all claims, damages, judgments, liabilities, costs, expenses and fees (including legal fees) ("Claims") arising out of or in connection with your breach or alleged breach of this Agreement. This includes – but is not limited to – claims arising from you correcting incorrect or improper orders or orders that are not approved by the Principal.
When you use the App, you may gain access to valuable trade secrets and other confidential information belonging to Ahlsell and its operations, including but not limited to pricing and other terms agreed between Ahlsell and the Principal ("Confidential Information"). The term Confidential Information does not include information that is publicly known or becomes publicly known in any way other than through breach of the Agreement. You must keep all Confidential Information strictly confidential and are only permitted disclose it on a need-to-know basis to the Principal’s employees, officers, representatives, contractors, subcontractors or advisors who need to know such information for the purpose of exercising the Principal’s rights or performing their obligations under or in connection with this Agreement or the Customer Agreement and who are bound by appropriate confidentiality undertakings. You may not share Confidential Information with any other third party without the consent of Ahlsell, or if this is reasonably required to fulfill the obligations under the Agreement, or where required by law, stock exchange rules or decisions from a court or competent public authority.
This agreement is valid until (i) canceled or until you are no longer authorized to represent the Principal (e.g. due to the termination of your employment); (ii) you uninstall the App; or (iii) the Principal’s contract with Ahlsell expires – after that, you cease using the App and ensure that your account is deactivated. Note that confidentiality provisions will remain in force for five (5) years after the termination of the Agreement and that orders placed before the termination of the Agreement will not be affected by the termination of the Agreement.
We may terminate this Agreement by providing you with written notice: (i) seven (7) days in advance via e-mail for any reason; or (ii) immediately via e-mail if you commit a material breach of this Agreement.
If you wish to contact us in writing with any questions or concerns about the App or this Agreement, you may contact us via the contact form in the App. Please note that e-mail communication may not be secure and it is recommended that you do not include sensitive information in your e-mail correspondence with us.
If we are required to contact you or notify you in writing, we will do so using the contact details you provide us in your request for the App.
Depending on the device on which you use the App, the terms, rules and policies of the App Store (including but not limited to Apple® App Store or Google® Play) may apply, in which case such rules and policies will apply instead of this Agreement if there are discrepancies between the two.
This Agreement shall be governed by and construed in accordance with the laws of Sweden wherever you are, but without application of its principles of choice of law.
You agree that Stockholm District Court may have exclusive jurisdiction and waive any and all jurisdictions, venues or inconvenient forum objections to such courts.