ECBOS (Environmental compliance BOS System) was developed and is operated by Nanjing CIRS Co.,Ltd. On behalf of various international mixture manufacturers with the purpose to enable the managing of environmentally relevant information on Mixture along the supply chain by using the internet as the most cost efficient enabler for this process.
Upon application and registration as set out below, NANJING CIRS will provide each USER with one or more USER accounts. These accounts are password protected and can only be accessed by the USER. To open an account for access to ECBOS, the USER must complete the registration process by providing ECBOS with current, complete and accurate information as prompted by the applicable registration process. The USER then will receive a password. The USER is exclusively responsible for maintaining the confidentiality of her/his User password. Furthermore, the USER is entirely responsible for any and all activities that occur under the USER’s account, except activities of any third party outside the USER’s sphere and not attributable to her/him. The USER agrees to notify NANJING CIRS immediately of any unauthorized use of USER’s account or any other breach of security. Unless provided for otherwise below, NANJING CIRS will not be liable for any loss that the USER may incur as a result of someone else using USER’s password or account, either with or without USER’s knowledge. NANJING CIRS will, within the limitations as set out below, be liable if the unauthorised use is due to NANJING CIRS’s intentional or negligent conduct. In the event of negligence or willful misconduct of the USER, the USER may be held liable for losses incurred by NANJING CIRS due to someone else using her/his account or password. For the avoidance of doubt, the USER will not be liable for any loss of data caused by any third party outside the USER’s sphere and not attributable to her/him. The USER ensures that within her/his organization the USER shall not give her/his User ID or/and PW to any other person.
The Data-Providing USER enters data into ECBOS that may be used by the Data-Receiving USER to create the FCD. Any data provided into ECBOS is based on each Data-Providing USER’s best reasonable knowledge, including the Data-Providing USER’s research and experiences. The data corresponds to each Data-Providing USER’s present level of knowledge. NANJING CIRS is responsible for the system functionality, but has no responsibility for the data content entered by a USER. For those data NANJING CIRS uploaded or may upload into ECBOS and made or makes available to the USERS on behalf of any third party (such as e.g. Data Research Companies or the ECBOS Material Council) the responsibility of NANJING CIRS is limited to technical data integrity. In any case NANJING CIRS shall provide traceability of data origin through the identification of the Data-Providing USER and the data input / modification date. NANJING CIRS will take adequate measures to ensure that the data provided into ECBOS can only be completed, changed, deleted or in any other way be modified by the respective Data-Providing USER.
DATA PROVIDED WITHIN THE REGISTRATION PROCESS (HEREINAFTER REFERRED TO AS “USER-RELATED DATA” E.G. COMPANY NAME, ADDRESS) MAY BE MADE AVAILABLE TO ALL USERS BY NANJING CIRS FOR THE SOLE PURPOSE OF ADDRESSING AND RELEASING DATA (E.G. BY MEANS OF RECIPIENT SELECTION LISTS, ETC.) AND OTHER REQUIRED ADMINISTRATIVE PURPOSES. USERRELATED DATA MAY ONLY BE USED BY THE OTHER USERS FOR THE PURPOSE AS MENTIONED HEREIN.
The following applies to data entered into ECBOS by a Data-Providing USER. The Data-Providing USER remains owner of all data entered by Data-Providing USER. The Data-Receiving USER may use the data provided into ECBOS for the sole purpose of creating formula and substance documentations for products which will be at the same time used in products for the industry. Formula data provided by a Data-Providing USER must not be used for cost and market research studies. Any further use and purpose needs to be approved by representatives of Data-Providing and Data-Receiving USER in advance. NANJING CIRS takes the appropriate technical measures to ensure that data sent by the Data-Providing USER is only accessible, visible or otherwise available to a designated Data-Receiving USER. Neither the Data-Receiving USER, nor NANJING CIRS shall in any way be permitted to sell, (sub-) licence, transfer or otherwise commercially exploit the data provided into ECBOS. The Data-Receiving USER is obliged, not to disclose any kind of data and information received or downloaded from ECBOS to any other USER or third party or to give any other USER or third party access to such information. This explicitly includes general data, such as formula lists or basic formula information or similar data in ECBOS. The Data-Receiving USER however, remains entitled to forward the received data to other USERS of the ECBOS, his FURTHER CLIENTS as far as they are direct recipients of the physical goods, if and to the extent such USERS respectively FURTHER CLIENTS have a need to know such data. “Need to know” means that data has to be provided only to the extent that the Data-Receiving USER respectively the FURTHER CLIENT is entitled to gather environmentally relevant information on mixtures as defined above.
As a condition of use of the ECBOS, the USER will not use the ECBOS in any manner that could damage or disable the ECBOS or interfere with any other USER’s use of ECBOS.
The USER may not attempt to gain unauthorized access to any ECBOS data, other USER accounts, computer systems or networks connected to ECBOS, through hacking, password mining or any other means. The USER may not obtain or attempt to obtain by any means any materials or information not intentionally made available to her/him by the Data-Providing USER.
The USER shall not be entitled to make the ECBOS data available to the public or to transfer the ECBOS data to any third party outside the industry for such third party’s commercial interest. Further usage of data after exporting them into in-house systems are defined in additional agreements covering the data download from ECBOS, such as the “ECBOS Advanced Interface” contracts between NANJING CIRS and the respective ECBOS USER. The USER shall to best effort attempt to persuade his customers and sub-suppliers to receive and provide data by ECBOS for reasons of quality and efficiency.
The ECBOS system is scheduled to be available Monday to Friday 24 hours per day (CET) subject to the following limitations. The NANJING CIRS service centres are scheduled to be available as defined under the internet link http://www.ecbos.com. However, NANJING CIRS reserves the right to temporarily shut down the system for maintenance reasons. Any maintenance action within hours of operation, except for such maintenance actions that do not influence the use of the ECBOS, shall be announced on the ECBOS pages reasonably in advance.
ECBOS was developed under the consideration of the highest appropriate technical information security principles available on the market. For the purpose of improving security, NANJING CIRS is obliged and reserves all rights to further update the system’s security in line with appropriate standards of information technology.
The USER may neither modify, alter, adapt or merge the ECBOS software nor copy parts or the whole of it except as functionally required to use ECBOS, nor use the name ECBOS in conjunction with any other service or system without prior written approval of NANJING CIRS.
No party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by: fire, flood, labour disturbances which present an unreasonable safety risk or prohibit access, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other cause beyond its reasonable control, provided such party (hereinafter referred to as the “Affected Party”) is without fault in causing such default or delay, and such default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the affected party through the use of alternate sources, work around plans or other means. In such event, the affected party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and the affected party continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. In such case the affected party shall without undue delay notify the other party/-ies (i.e. NANJING CIRS and/ or USER(S)) and describe at a reasonable level of detail the circumstances causing such delay.
Neither party will be liable for any damages based on ECBOS data or for any damage, i.e. in relation to sending, storing and receiving data in ECBOS, unless the damage is caused by gross negligence or willful misconduct. The above limitation of liability shall not apply to the extent that mandatory liability is borne, in cases of injuries to life, limb and health, cases of typically foreseeable damages and in case of breach of a material obligation of the contract.
16.1 The Data-Receiving USER acknowledges and agrees that the input of data entered by the Data-Providing USER and the accuracy and adequacy thereof, is under the exclusive control of the Data-Providing USER.
Due to the use of electronic data transfer, neither NANJING CIRS nor the Data-Providing USER do warrant or represent that the data received by the Data-Receiving USER is accurate, complete, correctly sequenced, without typographical errors, reliable or timely, or that the data will be free of errors, destructive elements and/or viruses.
If any regulation of these provisions proves to be invalid or not feasible, the effectiveness of the other regulations shall remain unaffected thereby. The foregoing regulation shall apply mutatis mutandis in case the agreement should contain loopholes.