My Arkema - Terms of Use

The purpose of these Terms of Use is to define the provisions for access to and use of the My Arkema service offered on the my.arkema.com website by the companies in the ARKEMA group to the authorized Entities. 

The My Arkema service offered to the Entities may include in particular: 

• Account Management: contact details and preferred contacts at ARKEMA; 
• Tracking and status of product orders or sample requests; 
• Tracking and status of deliveries; 
• Alerts and notifications: information concerning orders, products or the ARKEMA Group in general; 
• Access to documents related to current product orders or sample requests; 
• Ordering of Products (“Order System”); 
• User support: FAQs, contact forms; 
• Training programs; and 
• Receiving news and information. 

The Service is scalable, and its content may be reduced or increased. Under no circumstances may the Entity consider the Service as an archiving Service. The Entity shall be liable for the backup of its own individual business documents on its own media. 

In these Terms of Use, words or expressions beginning with a capital letter, whether in the singular or plural, shall have the following meaning: 

"ARKEMA": means indistinctly ARKEMA France, a public limited company with share capital of €270,035,923, registered in the Nanterre Trade and Companies Register under number 319 632790 or any Affiliate Company of Arkema France. The term "Affiliate Company" means any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under the joint control of ARKEMA France, where control is defined as the power, directly or indirectly, to exercise more than half of the voting rights of the company concerned, the power to appoint more than half of its supervisory board, management board or bodies legally representing the company, or the right to manage its affairs. 

"Contact center": contact forms offered on the Service by category of request. 

"Entity": any legal entity purchasing, or planning on purchasing in a near future, Products from ARKEMA for the needs of its professional activity and having an Entity account at Arkema and “Entities” means more than one Entity. 

"General Terms and Conditions of Sale" or "GTCS": terms and conditions governing the sale of Products by ARKEMA to the Entity and accepted by the Entity in the context of its commercial relationship with ARKEMA. 

"Terms of Use" or "ToU": means these terms and conditions of use of My Arkema. 

"Login Details": professional email address and password allowing Users to log in to their My Arkema account. 

"My Account Area": the administration interface of the Account on the Site. 

"My Arkema" or the "Service": a service accessible at my.arkema.com, offered free of charge by ARKEMA to its Entities in the context of the commercial relationship established with them. 

"Party": the Entity and/or ARKEMA and “Parties” means both of them. 

"Products": products sold by ARKEMA directly to the Entities. 

"User": means any person who is an employee or contractor of an Entity and is authorized by the Entity to use the Service. The Entity agrees to be held liable by all acts performed by Users on their Account. 

"User Account": virtual space allocated to each User and attached to an Entity, accessible in a secure manner to its User and allowing them to benefit from the Service. 

"Website": the website accessible with the link my.arkema.com. 

The use of the Service is subject to these Terms of Use as well as to the general terms and conditions of the arkema.com website, in particular its legal information, its privacy policy and its cookie policy. In the event of contradictions, the present ToU shall prevail over these terms and conditions.

Unless expressly agreed otherwise by ARKEMA, the Terms of Use may not be overridden by the Entity's general terms and conditions. In addition, use of the My Arkema service is independent of the conditions of performance of the commercial agreements concluded between ARKEMA and its Entities and shall not affect them in any way whatsoever. 

These Terms of Use are available on the Website and from the Entity's Account. They are enforceable during the entire period of use of the Service, and govern the termination of the Account and the resulting obligations of the Parties. 

These Terms of Use may be modified at any time by ARKEMA and the modifications will be applicable as soon as they are posted on the Website. 

Changes to the ToU or to the Service, which may affect or restrict its use, will be notified to the Entity fifteen (15) days prior to their effective implementation. If the Entity does not agree to the changes, the Entity may close their Account in accordance with Article 4.4 below. 

In case of dispute, the latest version of the ToU available and enforceable against the Entity will prevail over any other version. 

4.1 - Conditions of access to the Service

Access to the Service is reserved for Entities who have an Entity account with ARKEMA and for authorized Users. To this end, the Entity shall provide ARKEMA with the surnames, first names, e-mail addresses and telephone numbers of the Users they wish to create an Account. By communicating this information, the Entity agrees to be bound by the actions of the Users it authorizes until such authorization is expressly revoked. The Entity agrees to keep the list of authorized Users up to date. The Entity will be liable for any damages resulting from the failure to comply with any of these obligations.

Access to some functionality (ordering) is subject to validation by the ARKEMA. 

Access to the Service requires (i) an internet connection and (ii) a valid e-mail address.

4.2 – Conditions for the creation of Uses Accounts

The User must create an Account to access the Service. Several User Accounts can be created in relation to the same Entity.

The creation of the Account takes place in 3 steps :  

Step 1: The User must fill in the information requested during the creation of the Account :

• ­Last name and first name ;
• Corporate name of User’s company ;
• Country of User’s professional domicile ;
• Professional e-mail address;
• Professional telephone number ; and
• The department to which User is attached within their company.

Each User must then choose their Login Details, i.e. a complex password associated with their professional e-mail address allowing them to connect to their User Account. In case the User forgets their password, the User can access a “Forgotten Password” section to reset the password. 

Finally, each User must accept the Terms of Use, the Legal Information and the Website’s Privacy Policy and Cookie Policy via a checkbox. 

Each time the User connects to the Service, the User must systematically enter their Login Details. ARKEMA may ask the User to change their Login Details at regular intervals for security reasons. 

Step 2: The User will receive an e-mail at the e-mail address provided when creating an account, containing a link to confirm the e-mail address.

Step 3: Once he has confirmed their email address and Arkema has verified all information to set up their User Account, the User receives an e-mail confirming the creation of an account with a link to the login page. 

ARKEMA reserves the right to check the information provided and the documents sent for the purpose of validating the Account. ARKEMA may request any additional documents that may be required to validate the Account. ARKEMA may reject the User’s registration, in particular in the event of inconsistency or incompleteness of the information provided. The Entity and the User are informed of the decision of rejection by e-mail. 

4.3 – Management of Users’ Accounts

The User can manage their Account through the account administration interface - “My Account” area – available on the Website.

The “My Account” area offers the following functionalities: it allows the User to view the information entered when creating their account, to change their password, to set up their notifications and to request the deactivation of their account.

4.4 – Conditions for the closing of Entity and User Accounts

The User can request the closure of their User Account at any time using a management feature in the “My Account” area. Closure of the Account will be effective no later than forty-eight (48) hours after receipt of the request by ARKEMA. The Entity may also request ARKEMA to delete the Account of an authorized User in accordance with Article 4.1. 

ARKEMA may close any Account that has been inactive for more than twelve (12) months, as well as any Account associated with an Entity with whom the commercial relationship has ended for any reason whatsoever. At least thirty (30) days prior to any closing of an Account, ARKEMA will notify the Entity of its decision at the e-mail address provided when the Account was created. 

ARKEMA may also close the Account in the event of improper use by the Entity or a User. In particular, the following will be considered as improper use of the Service: 

• the use of information and creations available on the Website for purposes other than the promotion of the commercial relationship between the Entity and ARKEMA or the training of the User on the Products, and in particular their use for commercial purposes with respect to third parties and/or in the interest of its company ; 
• the extraction or decompilation of data provided via the Service ; 
• any default with an obligation of the ToU, and in particular articles 5, 8 and 9 ; 
• any violation of the Legal Information, Privacy Policy and Cookie Policy accepted at the creation of the Account ;   
• the use  of the portal for fraudulent, criminal or illegal purposes ; 
• interfering with or disrupting the operation of the Website or the servers or networks used to make the portal available, including by hacking or modifying any element of the Website ;   
• restricting the use of the Service by others or impeding it ; 
• Use the Order System without the necessary powers, authority and authorization of the company for which the order will be placed ; 
• publishing, transmitting or making available through or in connection with the Portal any files or programs that are potentially harmful or invasive or that are intended to damage or hijack the operation of My Arkema. 

Closure will take place within eight (8) days following the sending of a formal notice sent by e-mail to the address provided at the time of the creation of the Account and which has remained unsuccessful when it is possible to remedy the breach. If the breach cannot be remedied, the Account will be closed within forty-eight (48) hours of receipt of the notice sent by ARKEMA to the same address. 

5.1 -

The Entity is responsible for the nomination of Users and for maintaining or withdrawing the authorizations to access the Service granted to them. The Entity thus guarantees the quality of the User and the validity of their powers to represent them. The Entity also guarantees to inform ARKEMA of any departure of a User from its organization for the purpose of closing or transferring the associated Account. 

All Users guarantee that they are using the Service in the context of their professional activity, in the name and on behalf of the Entity, and that they have the status of a legal representative or a valid delegation of authority for this purpose. 

The Entity and Users must provide accurate and up-to-date information and evidence and agree to update it without delay in the event of a change.  

Under no circumstances shall ARKEMA be liable for any impersonation, lack of capacity, quality or authority of a User. 

5.2 -

Account and User Login Details are for strictly personal use. The Entity and the Users must preserve their confidentiality, ensure that they are not disclosed and that they are not used or likely to be used by third parties. The Entity and the Users are thus fully responsible for the acts and actions of any person using their Account with their Login Details. 

In the event of loss, theft or disclosure of its Login Details, the User and/or the Entity undertakes to inform ARKEMA immediately. The Entity indemnifies ARKEMA against any claim or proceedings brought against ARKEMA as a result of the non-compliant use of the Site by a User.

6.1 - Availability and continuity of the Service

The Website is available 24 hours a day, 7 days a week to all Users, subject to the provisions of this article.

ARKEMA is not bound by any obligation to provide personalized assistance in accessing or using the Service. However, in the event of difficulty relating to a User's access to their Account, the Entity may contact ARKEMA at the e-mail address [email protected].

ARKEMA will use its utmost efforts to provide uninterrupted access to the Service. As a key condition, Arkema will use all commercially reasonable efforts to provide the Service, but does not warrant any access to and results of the Service. Interruptions to the Service may occur for the purposes of corrective or upgrading maintenance, without ARKEMA being held liable. Other interruptions, due to the unavailability of the Internet and mobile networks, are not the responsibility of ARKEMA.

In the event of an interruption of the Service, ARKEMA shall use its best efforts to restore the Service as soon as possible, without being entitled to claim any compensation in this respect.

ARKEMA will use its utmost efforts to provide uninterrupted access to the Service. As a key condition, Arkema will use all commercially reasonable efforts to provide the Service, but does not warrant any access to and results of the Service. Interruptions to the Service may occur for the purposes of corrective or upgrading maintenance, without ARKEMA being held liable. Other interruptions, due to the unavailability of the Internet and mobile networks, are not the responsibility of ARKEMA. 

In the event of an interruption of the Service, ARKEMA shall use its best efforts to restore the Service as soon as possible, without being entitled to claim any compensation in this respect. 

6.2 - Evolution of the Service

ARKEMA retains the right to make any changes and improvements to the Website and Services that it deems necessary or useful for the proper functioning of the Website and its Services, including access to one or more of its components. 

ARKEMA also reserves the right to close the Service permanently. 

Substantial modifications to the Service, which are likely to affect or limit its use, as well as a decision to delete the Service, will be notified to the Entity fifteen (15) days before they are implemented. If the Entity refuses the modifications, it will have the option of closing their account in accordance with the conditions of article 4.4 above. 

6.3 - Security of the Service

ARKEMA uses reasonable efforts to prevent malicious use of the Site and to ensure the security of the Service and the data offered on it. 

However, insofar as the means of vigilance implemented comply with current standards and practices, ARKEMA cannot be held liable for any damage resulting from the transmission of a virus, malicious acts or fraudulent use of the Account by a third party, or any other element likely to contaminate computer equipment and programs. 

In addition, the Entity is obliged to minimize any risk of external attack on the integrity of the Service by its own diligence, particularly the regular backup of its information, the choice of robust identifiers and the preservation of their confidentiality. 

6.4 - Information provided via the Service

ARKEMA takes the utmost care in selecting, drafting and checking the information made available via the Service. However, this information is provided to the Entity free of charge and for informational purposes. It shall not replace or contradict the contractual commitments entered into by ARKEMA with respect to the Entity under the terms of the General Terms and Conditions of Sale, annual agreements or other supply agreements. 

In addition, the technical or regulatory information provided via the Service does not exempt the Entity from the checks that are incumbent on them in the context of their activity. Consequently, ARKEMA cannot be held accountable for any errors contained in this information or for the publication of information that is no longer up to date.  If certain information is regarded as essential by the Entity in its commercial choices or in the performance of the transport of products, it is up to the Entity to expressly bring them to the attention of ARKEMA, which may then offer it individualized information. ARKEMA shall use its utmost efforts to regularly keep up to date the information concerning deliveries posted on the Account. It is specified that this information may not under any circumstances be interpreted as a commitment to delivery deadlines different from those contained in the contracts concluded between the Parties. 

6.5 - Specific conditions for the Order System 

The Order System allows you to request product orders (“Order(s)”) from one or multiple Entities (“Seller(s)”). 

The User placing the Order should have the necessary powers and authority conferred by the company for which the order is to be placed (“Buyer”) to represent and bind it and should therefore be duly authorized by the Buyer to place the Order on its behalf. For each Order request, the User will be asked to confirm the aforementioned elements. 

The Order is subject to the Seller’s acceptance and the terms of conditions of sale of the Seller applicable to the Order or, if applicable, per the parties’ executed agreements. The User will be required during the Order request to acknowledge and accept the terms and conditions of sale of the Seller. The terms and conditions of sale of the Seller will be available and set forth in an attached link during the pre-acceptance process. 

Once completed, the Order is submitted to Arkema customer service. Submitted means your purchase order is under review, not accepted, and subject to credit approval, availability of product, availability of transportation and price change. 

6.6 - Arkema’s limitation of liability 

Your sole and exclusive remedy for dissatisfaction with the Service is to discontinue using the My Arkema platform and/or request that Arkema terminate your Account. Arkema will under no circumstances be liable for any damages caused by a virus, denial-of-service attack or other technologically harmful material that may infect your computer equipment. 

The User will be invited to ask questions or request information about the Service via the Contact center (contact forms with categories of requests). Answers will be provided by telephone or to the email address registered at the time of Account creation.

Unless expressly agreed otherwise, the information delivered by e-mail is binding between the Parties.

Elements such as the time of receipt or transmission, as well as the quality of the data obtained, as they appear on ARKEMA's information systems or as they are authenticated by ARKEMA's computerized procedures, shall be deemed authentic between the Parties, unless the Entity or the User provides written proof to the contrary, or unless there is an obvious defect in ARKEMA's information systems.

The right to use the Service does not confer on the Entity or the User any right of ownership over the content, presentation, graphic charter, names, brands and logos of which ARKEMA is the owner or licensee, made available as part of the Service. The Entity and Users therefore undertake not to extract any data, whether substantial or not, from the Website.

The obligations relating to ARKEMA's "Respect for intellectual property rights" included in the legal notice available at the following address: https://www.arkema.com/global/en/legals/ apply mutatis mutandis to the use of the Service.

ARKEMA's privacy policy and the rules applicable to data exchanged via the Account are available at the following address:  https://www.arkema.com/global/fr/privacy-policy/

10.1 - Third Party Providers 

Users acknowledges that certain Third Party Providers may have rights in the software, data or information forming part of or comprising the Service and agrees to comply with any restriction or condition imposed by Third Party Providers relating to such software, data or information as notified by Arkema or such Third Party Providers. By submitting the creation of an Account, User consents to the Third Party Provider hosting the Service or any replacement Third Party Provider.

10.2 - Invalidity

The invalidity or inapplicability of any of the stipulations of the ToU shall not invalidate the other stipulations which shall retain all their force and scope.

10.3 - Force majeure 

ARKEMA may not be held liable for any non-performance resulting from a case of force majeure. The following shall be considered as such, in particular, computer attacks, cases of unavailability of the Site due to the failure of the telecommunications network, or any other circumstance generally qualified as a case of force majeure by the competent jurisdictions in application of the applicable law, and in particular, without this list being restrictive : hostilities, invasion, act of foreign enemies, extensive military mobilisation; civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabotage or piracy ;  monetary and commercial restriction, embargo, sanction; act of authority, whether legal or illegal, compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalization; plague, epidemic, natural disaster or extreme natural event; explosion, fire, destruction of equipment, prolonged breakdown of transport, telecommunication, information system or power; general labour disruption such as boycott, strike and lock-out, go-slow, occupation of factories and premises.

10.4 - Tolerance 

No tolerance by ARKEMA shall constitute a waiver on its part of any of the provisions of the ToU.

10.5 - Language

The Site is in English. The ToU are written in English. In the event that they are translated into one or more languages, only the English text will be deemed authentic in the event of a dispute.

10.6 - Applicable law and jurisdiction

The ToU are governed and interpreted in accordance with French law. Any difficulty arising from the interpretation and/or execution of these terms and conditions shall be submitted to the jurisdictions located within the jurisdiction of the Paris Court of Appeal.

10.7 - Jurisdictional matters

My Arkema may not be available in certain jurisdictions. It is the responsibility of the Entity and the Users to comply with all applicable laws, rules and regulations. We reserve the right to limit the availability of My Arkema at any time, partially or in its entirety, to any person, geographic area or jurisdiction we choose.