Terms of Use

These Terms of Use apply to the use of (i) our website www.imcdgroup.com, as well as any linked local country websites (the “Websites”) and (ii) IMCD's online B2B Commerce & Customer Community (the “Portal”), including the use of the information or services offered through the Websites or the Portal. In using the Websites and/or the Portal, you agree to be bound by these Terms of Use. Please take a few minutes to carefully review the following terms and conditions.

In these Terms of Use, the expressions IMCD, we, us and our are a reference to the IMCD Group, meaning IMCD N.V. and its successors and assigns, as well as any entity within the IMCD Group.

The Websites provide general information on IMCD, its activities, product portfolio and further services. The Portal is intended to share specific order, product and support information with selected IMCD customers. Users agree to respect all rules concerning web users' behavior applicable in the country from which they are using the Websites and/or the Portal.

Use of the Portal is reserved to users who have read and unconditionally accepted the Terms of Use. If you do not accept these Terms of Use, you must refrain from using the Websites or the Portal. If you continue to use the Websites or the Portal, you will be deemed to have accepted these Terms of Use. These Terms of Use must be read in conjunction with any other applicable terms and warnings governing the use of the Websites and/or the Portal.

IMCD may, at its sole discretion, update, modify, change, add or remove these Terms of Use (or any part thereof) at any time and with or without notice. Such modifications will become effective immediately upon posting the modified Terms of Use on the Websites or in the Portal. IMCD also has the right to modify or move the Websites’ or Portal's contents, to temporarily or permanently interrupt the Websites or the Portal or any aspect thereof, either partially or wholly, at any time, and without informing users beforehand.

Your continued use of the Websites and/or the Portal following (the posting of) any changes constitutes your agreement to be bound by the changes. You agree that IMCD shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Websites, the Portal or these Terms of Use.

In order to be able to access the information and services offered on thee Portal, you may need to use a specific user ID, email address or other login information, such as a password (“Login Information”). You must not disclose your Login Information to any person or otherwise allow any person to access the Portal using your Login Information.

You must take your own precautions to ensure that the process which you employ for accessing the Websites or the Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Websites, the Portal or any Linked Site.

You must not access or use the Websites or the Portal for any purpose that is unlawful or prohibited by these Terms of Use. We reserve the right to terminate your ability to access the Websites or the Portal if you breach these Terms of Use.

All data, content, information and materials that may be found at and which comprise the Websites and/or the Portal, including, but not limited to – if applicable - account information, user information, logins and passwords, supplier, customer and/or product information (including product descriptions, specifications and/or technical information in the broadest sense), images, illustrations, graphics, photographs, audio clips, video clips, text, artwork, software or HTML code (collectively “Content”) are protected by privacy, confidentiality, trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by either IMCD, its affiliates or third parties who have licensed such materials and content to IMCD.

The use or misuse of any (trade)marks, logos, names or trade dress shown in the Portal, or any other Content is strictly prohibited.

Content is provided by IMCD in good faith on an "as is" basis, however, without expressed or implied warranties of any kind. Content may be generated with the help of artificial intelligence and, as such, may not be error-free or up to date. IMCD does not make any representation or warranty as to the accuracy or completeness of the Content or of content of any Linked Site, not does it assume any responsibility or liability for the use or interpretation of any Content.  

Users should seek their own advice and conduct analysis independently as to whether they deem the Content reliable, accurate, appropriate, complete or fit for any purpose or use, before making any decision or acting or relying on it. Any actions taken based on Content are at your own risk.

Content may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

Reference to any specific (commercial) product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by IMCD.

IMCD does not accept responsibility for any loss or damage as a result of reliance by you upon the accuracy or currency of Content contained on the Websites or the Portal.

If misleading, inaccurate or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. Such concerns may be addressed by notifying your local IMCD sales manager or contact(s) provided on the Websites.

In addition to information, the Portal offers users the opportunity to (i) request samples of products, (ii) request a quotation or order products and/or (iii) request further customer support in relation to products sold or delivered by IMCD (“Services”).

All services rendered through the Websites or the Portal, are provided by IMCD in good faith on an "as is" basis, however, without expressed or implied warranties of any kind.

None of the Services constitute a firm offer for the purchase, delivery or disposal of any products and/or materials listed. In particular, any quantity, prices or other commercial information listed on the Portal are intended to be given for information purposes only, unless expressly stated otherwise.

Ordering a product of sample through the Portal does not constitute an obligation for IMCD to comply with such request made. The obligation to deliver (samples of) products or materials is dependent on IMCD’s formal confirmation of acceptance of any order of samples or products.

IMCD reserves the right to refuse any sample request or purchase order at its own discretion.

Notwithstanding all of the above, IMCD’s General Terms and Conditions of Sale and any other IMCD relevant documentation should apply to any order and purchase of products by the user through the Portal. Such documents are available upon user's request.

Neither IMCD nor any of its affiliates accept responsibility for any loss or damage, however caused (including through negligence), which any person may directly or indirectly suffer in connection with or arising from your use of the Websites, the Portal, any Linked Site, or from (reliance on) any information, documents, services or other material accessed or obtained through (use of) the Websites or the Portal, whether based on contract, tort, strict liability or otherwise, even if IMCD or its representatives have been advised of the possibility of such damage or claims.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

Nothing in these Terms of Use attempts or purports to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. In particular, nothing in these Terms of Use purports to limit or exclude any liability for fraud or fraudulent misrepresentation or exclude or limit liability for death or personal injury caused by a person's negligence.

You acknowledge that the Websites and the Portal are hosted by a third party and, without limiting the terms of this disclaimer, that neither we nor our affiliates are responsible for the act or omission of any third party.

You agree that the limitations and exclusions set out in these Terms of Use are reasonable having regard to the relevant circumstances and the use you are permitted to make of the websites and/or the Portal.

You indemnify IMCD and its affiliates, partners, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you or by any person using your Login Information (whether or not you have authorised that person to use your Login Information) to comply with these Terms of Use.

Unless we agree otherwise in writing, you are provided with access to thee Websites and/or the Portal for your use only. Without limiting the foregoing, you may not without our written permission on sell information obtained from Websites or the Portal to any third party. These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body.

(i) use such for any illegal purpose or in violation of any local, state, national or international law;

(ii) interfere with security-related features or the operations of the Websites and/or the Portal, including by (i) disabling or circumventing features that prevent or limit use or copying of any Content, (ii) uploading any virus, adware, spyware or other malicious code, (iii) attempting to collect personal information on other users or third parties without consent, or (iv) attempting to interfere with or disrupt any network, equipment or server connected to or used to provide the Websites, the Portal or Services; or

(iii) export, extract, or otherwise use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information including any Content, from the Websites, the Portal, or Linked Sites. 

The Websites and/or the Portal may contain links to other websites (“Linked Sites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Sites.

Our links with Linked Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Sites, unless and to the extent stipulated to the contrary.

We undertake to comply with the terms of our privacy policy which is accessible at https://www.imcdgroup.com/en/privacy-statement.

The Websites and/or the Portal use cookies. On your first visit to our Website(s), we informed you about the cookies we use and asked for your permission to place them. 

If you have given us your permission, but wish to remove the cookies we have placed, you can delete the cookies via your browser, or amend the cookie settings in the cookie settings bar that is included in our cookie statement, which is accessible at https://www.imcdgroup.com/cookie-statement.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Access to the Website and/or the Portal may be terminated at any time by us without notice. These Terms of Use will nevertheless survive any such termination.

These Terms of Use are governed by Dutch law. You agree to submit to the exclusive jurisdiction of the court of Rotterdam, the Netherlands.

We accept no liability for any failure to comply with these Terms of Use where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.

In the event of inconsistency or discrepancy between the meaning of any translated version if these Terms of Use, the meaning of the English language version will prevail.