TERMS OF USE OF THE ALASTIAN WEBSITE

The following Terms of Use apply to the Alastian website. Please read them carefully; they contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you.

Alastian Terms of Use

1.             Alastian is a business unit of the Basell group of companies The Alastian website is intended for direct sales to polyolefin converters. Alastian is a trademark owned by Basell Holdings B.V. and used by various companies of the Basell group of companies. On this website we may use the term Alastian alone to refer to Alastian as a business unit of Basell, or to the Alastian website, or to the business method/s implemented through the Alastian website or to products and services provided through the Alastian website.

2.             The Alastian website is owned by Basell Sales & Marketing Company B.V., a company incorporated under the laws of The Netherlands, having its registered office at Weena 737, 3013 AM Rotterdam, The Netherlands, registered at the trade registry of the Chamber of Commerce of Amsterdam (The Netherlands) with number 34245062

3.             The Alastian website is used by various companies of the Basell groups of companies for sales in different geographic regions, namely:

Basell Sales & Marketing Company B.V., for sales in Europe, the Mediterranean region and Middle-East;

Basell USA Inc., for sales in the United States;

Basell Canada Inc., for sales in Canada;

Basell Asia Pacific Inc. for sales in Asia-Pacific

When you register to use the transactional area of the Alastian website. as specified in sections 7-9 below, your registration is intended for the company indicated above, depending on the country where deliveries to your company are requested. Such company shall handle your customer account as specified in this Terms of Use.

When you place an order on the Alastian website, your order is intended as directed to one of companies indicated above, depending on the country where you are located. Such company shall be the party to the sale contract you are entering into on the Alastian website. Please note that each company has its own Conditions of Sale that will apply to the sale transaction with you. Check them carefully before confirming your order.

4.             By visiting this website you agree to be bound by the following Terms of Use. For the purposes of these Terms of Use, "Alastian website" and "this website" mean the "www.Alastian.com" website, which consists of an information area and a transaction area. Other Basell websites may contain terms of use which are different from these Terms of Use. In such case you should refer to the terms of use applicable to the Basell website you are visiting.

5.             Each Basell company is a separate corporate entity, but in these Terms of Use and on this website we may sometimes use "Basell", “Basell group”, "we", "us" or "our" when we refer to any and all Basell companies, to the Basell group of companies in general or where no useful purpose is served by identifying any particular Basell company.

Authorised activities

6.             The access to and the use of this website, including the viewing, downloading and reproduction of any text, data, graphics, images, photographs, designs, descriptions, information, utilities and software, is permitted only in accordance with these Terms of Use and for the intended use of this website. Any other use, including any reproduction of any content of this website for purpose other than those for which this website is intended and any modification or distribution of any content of this website is strictly prohibited to the maximum extent permitted by applicable law, unless consented to in writing by Basell. Unauthorised use of any materials contained in this website may be in violation of copyright laws, trademarks laws, laws on privacy and publicity and other applicable laws and regulations.

Account activation, use and cancellation

7.                   To have access to some areas of the Alastian website (e.g. the transaction area) and to be able to place orders for Alastian products, a customer must register and be approved by Basell, and an account be created. Click here to “Register”

8.                   When an account is created, the person specifically identified by the customer in the registration form for the placement of orders will receive from Basell a specific “username login” and password. Users will be requested to change the password at the first login.

9.                   You are responsible for maintaining the confidentiality of your “username login” and password. You and your company shall be responsible for any use of your “username login” and/or password by any person having authorised or unauthorised access to such “username login” and/or password. Basell shall not be liable for any use of your “username login” and password by any persons other than you. Any order placed on the website with your “username login” and password shall be considered as placed by you on behalf of your company and will be binding.

10.               Basell reserves the right to withhold or refuse the registration of any customer and to suspend or cancel at any time the account of any customer in the event that such customer: (a) has provided information which is or is revealed to be incomplete, unclear, false, misleading or the like; (b) has made, makes or is likely to make use of the Alastian website in violation of these Terms of Use or in any other way that Basell in its absolute discretion deems contrary to the intended use of this website or in any way improper or undesirable; (c) it is repeatedly in breach of the Conditions of Sales, including but not limited to repeated delays in payment of invoices, or (d) does not purchase any or any sizeable volume of Alastian products for any consecutive 6 months.

Conditions of sale

11.               Placement of an order on the Alastian website shall be deemed acceptance of the Alastian Conditions of Sale of the relevant Basell company, as available on this website. Except as otherwise specifically provided, nothing else contained within this website or any e-mail message is to be considered a part of the Alastian Conditions of Sale.

Disclaimer

12.               The access and use of this website is at the own risk of the user and/or the company it represents. Basell gives no warranty that this website, including any transaction tools and software made available through it, is constantly available, permitted for use in all locations and at all times, usable in connection with any hardware or software, secure or error-free, that defects will be corrected or that it or the server that makes it available are free from viruses or other harmful components. Basell assumes no responsibility and shall not be liable for any damage to or loss of data from your computer or its related equipment which any viruses or other harmful components may infect. To the maximum extent permitted under any applicable law, Basell accepts no responsibility for and disclaims any liability for all damages, including without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, alleged to have been caused by or in connection with the access to and/or use of this website or any e-mail message sent by Basell in connection with this website.

13.               While Basell undertakes reasonable efforts to offer accurate, complete and up-to-date information, any information under any form provided on this website or by e-mail is provided to the user "as is", without compensation and without warranties or representations of any kind, either express or implied, which warranties are disclaimed to the maximum extent permitted under any applicable law. Any information on or referred to on this website may from time to time and at any time become outdated or may contain inaccuracies or mistakes. To the maximum extent permitted under any applicable law, Basell accepts no responsibility for and disclaims any liability for all damages, including without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, alleged to have been caused by or in connection with the use of any information on this website or any e-mail message sent by Basell in connection with this website.

14.               Without limitation to the generality of the foregoing provisions, all information or advice relating to any Alastian products and their use and which is provided on this website or by e-mail is intended to be general in nature and you should not rely on it in connection with the making of any decision for a specific circumstance. Furthermore, Basell cannot anticipate all conditions under which Alastian products may be used, neither as such nor in combination with other products or materials. Therefore customers are strongly recommended to make their own tests to determine the safety, suitability and fitness of each Alastian product, alone or in combination with other products, for their own purposes and applications. To the maximum extent permitted under any applicable law, Basell disclaims all warranties and liabilities not contained in the Alastian Conditions of Sales as incorporated in any specific transaction. Basell disclaims in particular, without limitation, any implied warranties of merchantability and fitness for a particular purpose.

15.               This website displays Alastian products generally offered for sale. Basell gives no warranty neither expressed nor implied that such products are available at all times or in any specific country.

Trademarks and copyright

16.               Basell, the Basell logo and Alastian are trademarks of Basell. Basell trademarks can not be used without the prior written permission of Basell.

17.               The copyright on any part of this website is owned by Basell and/or their content and technology providers and is protected by copyright and other laws. Basell does not transfer any title or right to any content of this website to any user by virtue of their visiting the site or using the site for purchasing or else.

18.               Any unauthorised use or copying of this website or parts of this website in breach of these Terms of Use or their spirit, may violate trademark, copyright or other proprietary rights and Basell reserves all rights to take any action for such violations.

Security

19.         Basell places the utmost importance on protecting information transmitted via this website and will take security precautions to protect all such information, including through modern encryption systems for the transaction area. However, Basell cannot guarantee that each and every transmission of data through the Internet is totally secure and to the maximum extent of any applicable law Basell disclaims any liability in the event any information is intercepted or stolen, unless this is due to the gross negligence or wilful misconduct of Basell.

Hyperlinks

20.         Hyperlinks to third party sites do not constitute an endorsement thereof by Basell and Basell is not responsible for the availability of these sites or their content. The linking to these sites is at the user's own risk.

21.         If you wish to create a link to the Alastian website on your or another party’s website, please contact Basell at customerservice@Alastian.com. “Deep linking” is in any case strictly prohibited. All authorised links to this website must be to the home page of the site, must make it clear that this website and the site content are distinct from the website containing the link and must make it clear that this site is owned and/or operated by Basell.

Confidentiality and viruses

22.         All e-mail messages sent by Basell in connection with this website are confidential and intended only for the named recipient or recipients. If you are not the named recipient of such an e-mail or a person charged with delivering such an e-mail to the named recipient, you will have received the e-mail in error. Please forward the e-mail to customerservice@Alastian.com with a note that you received the e-mail in error; then delete the e-mail from your computer. It is your responsibility to scan with an adequate and updated anti-virus program all e-mails you receive from Basell and any attachments thereto.

Languages

23.         The Terms of Use, the Conditions of Sale and the Privacy Statement applied on the Alastian website as well as parts of the website are offered in different languages for your convenience, however in case of discrepancy the English version shall prevail on any translation made available in other languages. We therefore recommend you carefully read the Terms of Use, the Conditions of Sale and the Privacy Statement also in the original English version.

Changes

24.         Basell may change these Terms of Use from time to time and at its sole discretion without notice. Please check these Terms of Use each time you revisit this website. Basell may modify and/or discontinue operation of all or portions of this website and any content of this website at any time in its sole discretion, without notice, and assumes no responsibility to update the website.

Questions or comments

25.         If you have a question or comment about this website or the services or information made available through it, please contact: customerservice@Alastian.com

Law and jurisdiction

26.         These Terms of Use are construed and governed in all respects by the laws of The Netherlands. Any dispute arising in any manner in connection with these Terms of Use or this website shall be submitted to the competent court in The Hague, The Netherlands.

Update: 1 July 2006