Revision Date: 15th of January 2020 - Motified Date: 15th of January 2020

Mutonic website and platform make available information and products on this Website/Platform, subject to the following terms and conditions.

By accessing this site, you agree to the terms and conditions as outlined in this terms and conditions document.

Mutonic reserves the right to change these terms and conditions from time to time at its sole discretion and without notice. Changes will be updated as revision date and last motified date in the document.

This document is also available in all pages on Mutonic as well as in the checkout process in the cart.

If you do not agree to all of the terms and conditions contained in these Terms and Conditions and our Privacy Policy do not access or use this platform or Website.

Mutonic may change these terms and conditions and other notices and rules posted on the platform from time to time at its sole discretion. Your continued access or use of the Website, or any materials or services therein, constitutes your acceptance of the changes.

About Mutonic

Mutonic collects product information, price intelligence, stock amount and appx delivery times from a lot of sources. Buyers can buy directly via the Mutonic platform based on the information gathered from sources used.

Mutonic is not responsible or own the tenders, prices, product information nor offers on the Website/Platform.

Mutonics Right

• Mutonic reserves the right, at any time, to cancel, move and optimize for all orders placed in the Mutonic website/platform. The optimizations may include, but are not limited to, switching the supplier on the order to another supplier who is expected to be able to offer better delivery time, or to choose a supplier that can offer better prices and / or where Mutonic believes the supplier has had a higher / better service level for the benefit of the customer, or in cases where a given dealer does not accept / process an order within what Mutonic considers reasonable.
• Mutonic reserves the right to disseminate and insert information, in whole or in part, between buyers and dealers on behalf of one of the parties, if Mutonic receives such information where Mutonic considers that it does not fit into the normal work and information flow of Mutonic platforms. This may include, but is not limited to, information that Mutonic receives by email regarding postponing a given order that Mutonic wishes to pass on to the customer in a format that is consistent with what Mutonic considers to be good practice on the Mutonic platform.
• Mutonic reserves the right to take over a given supplier account without further notice, if, for example, Mutonic considers that the supplier is acting unfairly or does not comply with what Mutonic believes is good practice on the platform. In this connection, if we consider it relevant to Mutonic's interests, Mutonic can respond to any. Inquiries such as Mutonic users direct to the given vendor on behalf of that vendor.

Indemnity and Liability

You agree to indemnify and hold Mutonic Inc and its directors, officers, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

(a) your materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Website/ Platform (including a third party's use of such materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials));

(b) your access to or use of the Website, services or materials (including any use by your employees, contractors or agents, and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Website or any services or materials);

(c) your connection to the Website, services or materials;

(d) your violation of these Terms of Use;

(e) your infringement of any third party's Intellectual Property Rights when using any of the IP made available on the Website, services or in any materials;

(f) your violation of any rights of any third party;

(g) your access to or use of Linked Websites and your connections thereto; or

(h) any dealings between you and any third parties advertising or promoting via the Website, services or materials.

Pricing; fees, freight, transaction costs, etc.

Mutonic reserves the right to adjust all prices of Mutonic so that prices cover and include, but are not limited to, shipping, insurance, service, RMA, credit, service level, complaint, etc. according to the individual customer's setup. In addition, the price adjustments will help us maintain a consistent and high level of service across all dealers and distributors on the platform.

There will never be any additional cost other than the price accepted when placing an order.

Copyright

The information on this Website is protected by law, including the law of copyright: Copyright © 2015-2020 Mutonic Inc., All Rights Reserved. Except as specifically permitted herein, no portion of the information on this Website may be reproduced in any form or by any means without prior written permission from Mutonic Inc.

Acceptable use

• Calls for tenders may only be made by users who have been granted relevant powers (if applicable) by their employer.
• Tenders must be valid. Offers may be legally binding for the buyer.
• Offer from suppliers is legally binding and must be valid for as long as specified in the offer, but never earlier than 48 hours after the closing date.
• Acceptance of an offer and execution of webshop orders made through Mutonic is legally binding, in the same way as if you had accepted by mail, in writing, orally, or otherwise.
• The buyer can accept a given offer at any time before the expiry deadline
• The buyer must provide sufficient specifications to ensure that the supplier can prepare a relevant and accurate offer. Further details sent to a supplier should be added to the tender / sent to all suppliers
• Suppliers may only submit offers that meet the specifications / requirements stated by the buyer, unless it is explicitly stated in the offer that it differs from the offer
• It is expected that all parties behave respectfully and act as is normal practice in B2B (business to business) trades

Mutonic may require users to validate their identity and provide evidence of relevant powers (possibly proxy). Note: This does not mean that all or some accounts are validated.

Mutonic encourages both buyer and supplier to verify their identity and creditworthiness on all suppliers and buyers with whom you wish to contract.

All trades / agreements entered into through Mutonic are subject to local and international laws, depending on the location of the legal entities entering into an agreement.

Information on the Platform, Feedback, Confidential information

Any non-personal information or material sent to Mutonic will be deemed NOT to be confidential.

By sending Mutonic any non-personal information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Mutonic is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Warranties and Disclaimers

Except as expressly provided otherwise in an agreement between you and Mutonic, all information or accessible through, this website/platform are provided "as is" without any other warranties or conditions, express or implied, including, but not limited to, the warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. Mutonic assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to this website. references to corporations, their services and products are provided "as is" without warranty of any kind, either express or implied.

In no event shall Mutonic be liable for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.

Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. this website could include technical or other inaccuracies or typographical errors. changes are periodically added to the information contained in this website, and these changes will be incorporated in new editions of this website. Mutonic may change the product(s), prices, availability, and/or the program(s) described in this website at any time.

Abuse

Mutonic reserves the right to close accounts, delete offers in the event of suspected abuse, fraud, forgery, harassment, bad behavior, and other conduct considered unacceptable in professional B2B (business to business) relationships.

Cancellation

At the Mutonic platform traders are exclusively traders. In trades where Mutonic is the selling party, no right of withdrawal or return is offered.

In the case of transactions between two traders, where the selling party is not Mutonic, we refer at all times to the seller's right of withdrawal which will appear on their website.

Information

By making offers through Mutonic, you agree that Mutonic will pass on the entered information to parties that Mutonic considers relevant to obtain the best possible agreements.

If you need to provide confidential information as part of the process, please contact Mutonic at team@mutonic.com or +1 845 516 9538 for further information.

Responsibility

Mutonic is not responsible for any direct or indirect loss caused by agreements between the buyer and the supplier.

Mutonic cannot be held responsible for any. errors in products, errors and defects in product descriptions, as well as incorrect deliveries by third parties.

Mutonic can only be held liable on the basis of material failure on the part of Mutonic. The liability can never exceed the payment made by the customer for Mutonic's service.

Mutonic is not responsible for public customers purchasing right through the use of Mutonic's platform, in accordance with the legislation that the customer must comply with.

Jurisdiction

Any dispute based on this agreement or use of Mutonic's websites / platforms must be settled by a court in Denmark and in accordance with DK law.

To the extent possible, this agreement shall be governed solely by DK law.

Privacy Policy

Personal data collected

Mutonic collects the following information:

• Name
• Email
• Password
• Company Name
• Company address (es)
• Department
• Company ID number
• Phone number
• User profile (optional); image, profile text, competencies and interests
• Other information relevant to the delivery and billing of goods and services

Other data collected:

• Purchasing data
• Purchase inquiries
• Offer
• Invoices
• Cancellations
• Service, complaint and warranty inquiries
• General communication between customers, resellers, manufacturers/vendors and Mutonic, including emails, comments, forum / group / community messages, user connections and chat messages.

How we use personal data

It is necessary to collect and distribute this data in order for the service to work.

Data is available to relevant recipients. Data cannot be erased immediately as it is vital as documentation for procurement and procurement inquiries, as well as any. subsequent communication on warranty and service. In addition, invoices, offers and the like must be available for the purposes of the Accounting Act, Tax and possibly public procurement and procurement rules.

Profiling and automatic processing of data

Mutonic performs a degree of profiling in an automated way to ensure that you are presented with relevant products, offers, posts and the like.

This is not based on personal data, but on the purchases and queries you make on behalf of your employer.

Access your data

You as a user always have the opportunity to see all your data. Mutonic does not store any additional data than is available through mutonic.com when logged in.

It is not immediately possible to download all data at once.

Your right to be forgotten

You have the option to delete your profile, making it no longer accessible or visible to other users.

However, since other data is included as parts of purchases, purchase requests, offers, service cases, etc. as well as personal communication with other persons, this data cannot be deleted immediately. Some data is subject to the Bookkeeping Act and others may be relevant in connection with the Public Procurement and Tendering Act.

The Accounting Act requires that data be stored for 5 years, Mutonic will evaluate the possibility of (automatically) deleting data that is over 5 years old.

Correction of incorrect data

You always have the option to correct your profile. If there are errors in data that you cannot fix yourself, you are welcome to contact Mutonic via team [at] mutonic.com.

Data retention

All data relating to people and purchases is stored on encrypted disks.

Backup of this data is also encrypted and stored on external systems which are also encrypted.

Third party access to data

Mutonic does not share data with third parties. However, some data is directly or indirectly available to dealers, manufacturers and other customers. It is transparent in the solution who data is available for and it is inherently necessary to share data with e.g. dealers who have to make offers or who are traded.

Mutonic uses the following data processors:

Dynado ApS, our primary hosting company:
https://dynado.dk/

Hetzner Online GmbH, our secondary and backup hosting company:
https://www.hetzner.com/

Office365: Mutonic uses Microsoft Office 365.
https://www.microsoft.com/en-us/TrustCenter/CloudServices/office365/GDPR

Cookies and logs

Mutonic uses cookies to analyze the use of mutonic.com, and to verify that users are logged in.

In addition, Mutonic logs all access to Mutonic and other Mutonic systems. Logs contain information about IP addresses, times and in some cases information that indicates which user made the query. Logs do not, as a rule, contain any other personal information. Logs are stored for up to 3 months for possible reasons. investigation of security-related incidents. Logs will basically not be used for anything other than simple statistics and exploration, logs are not automatically used for other purposes.

Mutonic.com does not work properly if cookies are not enabled, but it is possible to use mutonic.com with a browser in "private mode", however, this will mean that you have to enter username and password every time you visit mutonic.com.

Security and encryption

Data transmission
All connections to mutonic.com basically use HTTPS, Mutonic always tries to send requests via HTTP over to HTTPS.

Mutonic has also set a relatively high standard for TLS and encryption, which is why some older operating systems such as Windows XP cannot be expected to work with mutonic.com.

Certificates

Mutonic.com currently uses certificates from Digicert.
However, some secondary sites at Mutonic use certificates from LetsEncrypt.

Password

All passwords are converted to a hash value before being stored in the Mutonics user database.

Password, change

Change of password requires that you are logged in to Mutonic or that you have access to the email address associated with your account.

Encryption on disk

All personal data and data on purchases are stored on systems that use disk encryption.

Software

All software used by Mutonic is updated regularly. We basically install security-related fixes within 1-2 weeks of being released by the manufacturer.

Access to data

Access to data is on a “need to” basis. All access to data requires a username and password and is also encrypted and logged.

Backup

All backup data is encrypted before being transported from active systems, the encrypted backup is stored again on a system that is encrypted.