Terms of use

BASF SE, Carl-Bosch-Straße 38, 67056 Ludwigshafen, Germany („BASF“) offers its commercial customers an internet-platform with registration function under www.myindustryworld.basf.com on the internet. The use of the Web-Application (hereinafter referred to as “Portal”) is subject to the following terms of use.

(1) The purpose of the Portal is to provide customers and prospects an overview and access to digital offerings. These include information on applications, industries, products, services, sustainability and regulatory. For commercial customers, the portal offers additional, more detailed information as restricted content, which is available after registration and login. The portal also provides a centralized registration request. This gives customers access to additional tools, data and services available through the portal. Digital tools, data and  services include    intelligent product search, product-specific technical and regulatory document downloads, sustainability status of purchased product portfolio, and order placement and tracking.

(2) BASF reserves the right to expand the number and scope of the functions provided on the Portal or to reduce them until the Portal is closed. 

(3) BASF provides the Portal exclusively to its commercial customers in their capacity as “entrepreneurs” in accordance with § 14 para 1 BGB (German Civil Code) (“User”) for cost-free use. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in the exercise of his or its trade, business or profession. “Consumers” in accordance with § 13 BGB may not use the Portal.

(4) The use of the Portal is subject exclusively to these terms of use as well as the information provided on the Portal, if any. Deviating or conflicting terms and conditions does not form part of an agreement with BASF, unless BASF has expressly agreed to them in writing.

(1) The use of the offer by the User is voluntary. Access to the Portal is password-protected. To activate access to the Portal, the User needs to create a user-account (consisting of a username and password; "Access Information") and to register once on the Portal. The access is activated following a further confirmation by the User (so-called "double opt-in" procedure) and after the access has been activated by an administrator of BASF. 

(2) By creating a user-account and logging into the Portal, the User bindingly declares to BASF that he/she accepts these terms of use. The User declares at the same time that he/she has obtained access to the Portal for his/her for business purposes only. Any disclosure of the access authorization-information communicated by BASF is prohibited. Any other use of the Portal by the User or through third parties is prohibited.

(3) The English language is available for the conclusion of these Terms of Use. In the course of creating a user-account, the User can correct input errors before conclusion at any time by correcting the input.

(4) These Terms of Use are stored by BASF and are available to the user at any time on the portal. 

(5) The User may additionally save these Terms of Use in a reproducible form by means of printing this webpage upon conclusion.

(6) BASF’s code of conduct can be retrieved under https://www.basf.com/global/de/who-we-are/organization/management/code-of-conduct.html.

(1) BASF shall provide reasonable access to and use of the Portal. BASF provides access to the Portal in a hosted environment, which allows the User to use the Portal over the internet without having him to install and operate the software on his own IT-Infrastructure. 

(2) BASF shall use reasonable endeavors to maintain the availability of the Portal for the use by the User at the gateway between the public internet and the network of BASF’s hosting servers. The Portal is “available” if it is usable at the gateway between the public internet and the network of BASF’s hosting servers.

(3) BASF endeavors to ensure trouble-free operation of the Portal during normal business hours of BASF in Germany. Outside of the normal business hours of BASF in Germany, the Portal may also be accessible by User. However, due to the nature of the internet and computer systems, BASF does not ensure that the Portal is operating trouble-free and does not assume any liability for the availability of the provided Portal or other related services.

(4) BASF is free to restrict access to the Portal in whole or in part, temporarily or permanently due to maintenance work, capacity concerns and other events beyond its control. Basically, BASF will maintain the Portal outside of the normal business hours, unless an immediate event requires maintenance during normal business hours. 

(1) The User is solely responsible for any content User uploads, publishes or otherwise makes available through the Portal. BASF does not check the content, in particular for completeness, accuracy, legality, availability, quality and suitability for a specific purpose.

(2) The User is prohibited from any activities on or in connection with the Portal that violate applicable law, infringe the rights of third parties or violate the principles of youth protection. 

(3) Furthermore, the User is also prohibited from performing the following activities irrespective of any violation of the law:

i. the distribution of viruses, trojans and other harmful files; 

ii. sending junk or spam mails and chain letters;

iii. the dissemination of offensive, offensive, sexually oriented, obscene or defamatory content or communication as well as such content or communication which is/are suitable to promote or support racism, fanaticism, hatred, physical violence or illegal acts (either explicitly or implicitly in each case);

iv. the harassment of other Users, e. g. by multiple personal contact without or against the reaction of the other User as well as the promotion or support of such harassment;

v. the request of other Users to disclose passwords or personal data for commercial or illegal purposes;

vi. the dissemination and/or public reproduction of content available on the Portal.

(4) The User is obliged to keep his/her access data to his user account secret and to protect it from access by third parties. Should the User become aware of the loss or misuse of his access data or the suspicion of misuse of his user account, the User must notify BASF immediately. A disclosure of the login data to third parties is prohibited.

(5) The User shall indemnify and hold harmless BASF (including members of the company and any service recipient, their employees, officers, directors, shareholders, agents, successors, and assignees) from and against any claims, lawsuits, actions, damages, costs, fines and expenses (including reasonable legal costs and disbursements) or other liability arising out of or related to the User’s content on the Portal  .

(6) BASF reserves the right to suspend Users from using the Portal at any time, in particular if these terms of use, applicable law or the rights of third parties are violated. BASF is entitled or, under certain circumstances, legally obliged to block or delete all content without prior notice if the content violates these terms of use and/or applicable law. However, BASF undertakes to inform and consult with the User about the deletion of his infringing content at a later date and, in the event of his user account being blocked, in advance.

(1) Upon successful registration, BASF grants to the User the non-exclusive, non-transferable and revocable right, which is limited in time for the term of registration, to use the Portal in accordance with these terms of use. The content available on the Portal is protected by copyright or other intellectual property rights. The owners of the rights are BASF, it’s business partners or other third parties who have made the respective content available. The Portal and the content made available on the Portal may therefore not be changed, extended, edited, copied and/or otherwise distributed by the User except content which includes a sharing functionality.

(2) The User agrees not to reproduce, distribute, modify or create derivative works of the Portal or any other components thereof and not to reverse engineer or decompile the Portal except as the same may be authorized under mandatory law.

(3) Insofar as the User publishes content on the Portal, the User grants BASF a non-exclusive, worldwide right, limited in time to the duration of the registration and free of charge, to use the content for the purposes of the operation of the Portal to the extent required. 

(1) These terms of use are concluded for an indefinite period and can be terminated by each party at any time with immediate effect without cause. On the part of the User, these terms of use and the pertaining rights of use can be terminated e.g. by deletion of his/her user-account. In particular, if the User violates these terms of use, BASF may terminate the User’s rights to access and use the Portal at any time.

(2) The term of use ends at the latest automatically with the end of the operation of the Portal.

(3) The right of either party to terminate these terms of use with immediate effect for cause remains unaffected. 

(4) Upon termination of these terms of use, the User shall immediately cease use of the Portal and acknowledges that BASF may block User’s access to the same.

(1) To the extent and for as long as the Portal is made available without any cost to the User, any liability for defects in the functions of the Portal and its documentation as well as for any other defective performance vis-à-vis the User shall be limited to willful misconduct and malice (German: Vorsatz und Arglist).

(2) As a service provider, BASF shall be liable for its own content and information provided on the Portal in accordance with applicable laws; however, BASF is not obligated to monitor any transmitted or stored third-party information. A removal or blocking of this content will take place immediately from the time of knowledge of a concrete infringement. Liability is only possible from the time of knowledge.

(3) Further claims for damages and reimbursement of expenses of the User (hereinafter referred to as "claims for damages"), irrespective of their legal basis, in particular due to a breach of duties arising from the contractual obligation and from tort are excluded. If and insofar as this contractual relationship is subject to the provisions of tenancy law, the strict liability of the provider for defects existing at the time of the conclusion of the contract existing at the time of conclusion of the contract according to § 536 a paragraph 1 (1st alternative) BGB is excluded.

(4) The foregoing limitations of liability shall not apply to the extent that liability is mandatory, e.g. the Product Liability Act, in cases of intent and gross negligence, due to injury to life, body or injury to life, limb or health, due to the assumption of a guarantee or due to malice or due to fraudulent intent.

BASF complies with all applicable data protection laws. More information can be found in the applicable privacy policy.

(1) The User shall treat the Confidential Information which he becomes aware of, in particular in connection with the use of the Portal, confidential and keep them secret.

(2) "Confidential Information" includes all information of BASF: 

i. concerning the functionalities of the Portal;

ii. concerning business and trade secrets, in particular those marked as "confidential"; and

iii. which - orally, in writing, electronically or in any other form - are recognizable as confidential at the time of disclosure or acknowledgement due to the circumstances of the disclosure or its nature.

(3) Such Confidential Information is excluded from this obligation,

i. which were demonstrably already known to the User at the time of conclusion of the terms of use or which subsequently become known to the User by a third party without this violating any confidentiality terms of use, statutory provisions or official orders;

ii. which are publicly known when the contract is concluded or are subsequently made public, unless this is due to a violation of these term of use;

iii. which must be disclosed by law or by order of a court or authority. As far as permissible and possible, the User obliged to disclose will inform BASF in advance and give it the opportunity to take action against the disclosure.

(4) This confidentiality obligation shall remain in effect for a period of five (5) years even after termination of the terms of use.

(1) BASF reserves the right to amend these Terms of Use with regard to equivalence disruptions or loopholes and to subject the use of the Portal by the user to new or further terms of use, whereby the aforementioned amendments will expressly not relate to the content of the services provided by BASF through the Portal. Also excluded are changes which relate to the main contractual obligations of the parties; these cannot be changed unilaterally as described in the context of this clause.

(2) BASF shall notify the User of the amended Terms of Use at least four (4) weeks prior to the planned effective date via the e-mail address provided during registration and shall separately indicate the new provisions and the date of the planned effective date. At the same time, BASF shall grant User a reasonable period of notice of at least two (2) weeks to terminate the contractual relationship with BASF based on these Terms of Use without notice if User does not agree with the amended Terms of Use. User may exercise its termination rights, for example, by deleting its user account and thereby ceasing to use the Services. Upon notification of the amended terms of use, BASF shall inform User of its termination rights, the applicable period of notice and the significance of remaining silent.

(3) If no notice of termination is given by the user within the aforementioned period, the amended terms and conditions shall apply upon expiry of the period.

(1)  Should one or more provisions of these terms of use be invalid or unenforceable due to violation of applicable law or another reason, the rest of the terms of use shall remain valid. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision, which most approximately represents the mutual understanding of the parties.

(2)  The validity, interpretation and implementation of this Agreement shall be governed by the substantive laws of the Federal Republic of Germany, excluding (i) its provisions on the conflict of laws and (ii) the United Nations Convention on Contracts for International Sale of Goods of April 11, 1980.

(3)  Ludwigshafen / Rhine shall be the exclusive place of jurisdiction for all disputes arising from or in connection with these terms of use.