Version:1.0

Date:24 February 2022

1. Applicability

Every use of a platform provided by Flooring Industries Limited SARL (Belgian branch FIL) is subject to its general terms, including the following special terms (“Terms of Use”). Flooring Industries Limited SARL (Belgian branch), with registered office in Vredestraat 57, 8790 Waregem, Belgium, is the Belgian branch of Flooring Industries Limited SARL (Head Office), a private limited liability company under Luxembourg law, whose registered office is located at Rue des Mérovingiens 10b, ZI Bourmicht, 8070 Bertrange, Luxembourg. The Belgian branch is registered in the Crossroads of Enterprises under number 0738.771.004 and is part of the Flooring ROW Group (“Unilin”or “we”).

By using the Unilin Technologies Customer Platform Webapp (“Webapp”), you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Webapp. These Terms of Use only apply to the use of this Webapp and are, under no condition, applicable on the Unilin websites or the sale and delivery of goods by Unilin. If you violate these Terms of Use or if you use this Webapp for unlawful and illegal purposes, Unilin can revoke your access without any notice. Unilin reserves the right to update or revise these Terms of Use at any time. You should check the Terms of Use periodically for changes. You can review the most current version of the Terms of Use at the settings page of the Webapp.

2. Description of the functionalities of the webapp

The Webapp offers the following functionalities:

• It can be used for the submission of Royalty Reports, under the conditions stipulated in the license agreement between FIL and your company.
• It allows you to see the estimated royalties due after submission of the report. This figure is a preliminary figure, since it is afterwards to be reviewed by the Unilin financial department and does therefore not provide a final amount to be paid. This will only be the case once the official invoice was processed and sent to you via mail or electronically.
• It allows you to consult the status of your report and whether an invoice has been sent.
• It can give you an overview of all invoices, both due and paid.

3. Offer without commitment

The display of facts by Unilin on this Webapp can by no means be considered by the user as a binding offer from Unilin. An agreement concerning the actual royalties to be paid will only become effective by the official invoice sent by Unilin to the customer.

4. Your registration obligation:accurate information

In consideration of your use of the Webapp, you explicitly agree to provide true, accurate, current and complete information about yourself and your users or customers and to inform Unilin immediately in case of possible changes.

Unilin has the right to suspend or terminate your registration and/or the use of the Webapp, if it has grounds to suspect that the submitted information is untrue, inaccurate, not current or incomplete.

5. Password and security access

5.1 Username and password

As part of the registration process, you will receive a username and matching password. You are responsible for maintaining the confidentiality of the username and password, so that only you have knowledge of this password. Any use of these identification elements is on your sole responsibility. You are responsible for the proper exit from your account at the end of each session.

5.2 Notification requirement

You agree to immediately notify Unilin by e-mail to privacy@mohawkind.com of any unauthorized use of your password or any other breach of security, or when you have reason to assume your username and/or password are being used unauthorized.

5.3 Lapse of password

Your password lapses when you do not make any use of the service of this Webapp during six months. Possibly, Unilin can consider a new registration necessary.

5.4 Unlawful practices

You are not allowed to use the Webapp for unlawful, political or discriminating purposes.

• You agree to respect the current laws when you submit material through the Webapp of Unilin. It is prohibited to submit unlawful, abusive, obscene, harassing information, incompatible with public order and/or good morals, invading another's privacy or inciting to racial discrimination or xenophobia;
• You agree not to submit or post any unsolicited mail (“spam”) or to unlawful processing of personal data through the webapp;
• It is strictly prohibited to "hack"the Webapp of Unilin;
• The provisions of the Belgian Law of 28 November 2000 on Information Crime are applicable.
• You agree not to use the Webapp of Unilin for any act that results in:
  • illegal entrance to data of linked networks;
  • affecting the proper functioning of Unilin or its Webapp or endangering the use or capacity of the operations for other users;
  • harming or destroying the integrity of computer data.

In case of unlawful use of this Webapp, Unilin reserves the right to terminate your access to this Webapp, without any notice. Unilin cannot be held liable for infringements by use of this Webapp by third parties or users. Unilin invites its users to report any unlawful content by sending an e-mail to privacy@mohawkind.com which may be available on its Webapp, in order to allow Unilin to take the necessary and appropriate measures to delete this information or make it inaccessible.

6. Limitation of liability

Your use of the Webapp of Unilin is at your sole risk. Unilin makes no warranty, whether explicit or implied, relating to the proper functioning of this Webapp, the information, the contents, the materials or the products, including the prices if presented on this Webapp, no warranty of failure, interruptions, errors, ... Although Unilin takes care of the layout and the use of this Webapp, the data could contain technical mistakes or mistakes concerning content or typographical errors. The use of the Webapp could be temporarily interrupted or suspended.

This Webapp is provided by Unilin on an "As is"and "As available"basis. Unilin makes no warranty in relation to accuracy, completeness or suitability of the information for any use whatsoever, nor in relation to the permanent availability of the Webapp. If you notice an error or a problem on this Webapp, you can communicate this to Unilin by e-mail to privacy@mohawkind.com.

The information on the Webapp can be out of date. Unilin makes no commitment to keep the information updated at any time. Failure, interruptions or mistakes in the electronic supply of the Webapp do not entitle the user to any financial compensation. Unilin reserves the right to make changes to the layout and/or content of the Webapp, without notice. Any temporary delay or suspension of activities caused by these adjustments, does not entitle the user to claim damages, direct or indirect. Unilin does not warrant that the available Webapp is the most recent version. Unilin assumes no responsibility and shall accept no liability for any decision or act, which the user should have taken, based on the information or data. Neither shall Unilin be liable for mistakes and errors or, towards the users or third parties, for any direct, indirect, incidental damage, lost profits, loss of opportunity or any other damage, arising out of negligence or oblivion in providing, compiling, installing, writing, interpreting, announcing and spreading information or data through this Webapp, even when Unilin was warned for such damage.

In case some jurisdictions do not allow this exclusion of warranty or limitations of liability, the liability of Unilin would be limited to the fullest extent permitted by law.

6.1 No warranty of viruses and other damage

Unilin assumes no responsibility and shall accept no liability for damage resulting from the use of this Webapp, including but not limited to viruses, computer crimes or hacking, that may affect your computer equipment arising out of your use of or access to this Webapp. Unilin commits itself to act with the greatest possible care, in order to prevent that this Webapp would be affected by viruses or other damaging elements, of which nature whatsoever.

6.2 Hyperlinks

If you wish to include a hyperlink to our Webapp on your own website, you must obtain the prior written permission of Unilin. This permission can be unilaterally withdrawn with immediate effect. The request must be sent by e-mail to privacy@mohawkind.com.

7. Intellectual property rights

The Webapp and its content and design, including the trademarks, images, logos, drawings, data, product or company names, texts, design, underlying software, etc. are protected by intellectual property rights of Unilin or its licensors.

The trademarks and trade names that are being used on this Webapp, are trademarks and/or trade names which are legally protected. The permission to use this Webapp does not license you to use the trademarks or trade names appearing on this Webapp. Any use of these or similar marks or names is strictly prohibited without the prior written consent of Unilin. A request for this permission must be sent to privacy@mohawkind.com.

You may visit the Webapp and print or download a copy of one or more pages of this Webapp for your personal and non-commercial use. In other cases, it is never permitted to copy, download, publish, use or reproduce this Webapp, its content and/or design, in whole or in part, without the prior, written and express permission of Unilin. A request for this permission must be sent to privacy@mohawkind.com.

The use of this Webapp can in no case be considered as an assignment of any rights by Unilin. In the event of an infringement of any of Unilin’s intellectual property rights, Unilin reserves the right to institute civil and/or criminal proceedings and take all extrajudicial actions necessary to obtain the termination of the infringement and compensation for all damages occurred.

8. Privacy policy

The privacy policy of the Flooring ROW Group is included on the settings page of the Webapp and forms integral part of these Terms of Use. The privacy policy intends to inform you about the personal data that the Flooring ROW Group collects via the Webapp, to explain why we collect these data and how we deal with your data. The privacy policy should be read together with the Flooring ROW Group’s cookie policy which also forms integral part of these Terms of Use.

9. Choice of law and forum

9.1 Applicable law

This Webapp is being controlled from the registered office of Unilin at Wielsbeke (Belgium). Therefore, these Terms of Use are governed solely by the laws of Belgium and will be solely interpreted in accordance with Belgian law.

9.2 Jurisdiction

Any dispute, that arises from or is connected to the use of this Webapp, is submitted to the exclusive jurisdiction of the courts of the judicial district of Kortrijk. However, Unilin reserves the right to apply to the competent court, in accordance with article 624 of the Judicial Code, if it would wish to do so. By using this Webapp, the user submits himself to the jurisdiction of these courts, and you renounce your right to object to this jurisdiction or place of trial.

9.3 Severability

If any of these terms would be considered invalid or inapplicable, this invalid or void term will be considered replaced by a valid and applicable term, of which the content will approach the original term as close as possible. All other terms of these Terms of Use will remain valid.

10. Questions

If you have any questions about the Webapp or about these Terms of Use, please contact privacy@mohawkind.com.