Terms of use

Robert Bosch GmbH
Terms of Use for Individual Users of the Bosch eBike Customer Portal

Preamble

Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen-Schillerhöhe, Germany (hereinafter referred to as “Bosch”) operates a customer portal at https://www.bosch-ebike.biz (hereinafter referred to as “portal”), on which various Bosch customers (hereinafter referred to individually as (the) “customer” and collectively as (the) “customers”) can, following a registration process and the creation of a user account, access Bosch product information including technical data, image material, manuals, etc. (hereinafter referred to as the “Content”).

These Terms of Use for Individual users of the portal (hereinafter referred to as “Terms of Use”) exclusively govern the legal relationship between Bosch and the respective individual user(s) of a customer (hereinafter referred to as “Individual User(s)”) in relation to the use of the portal.

(Bosch and the sub-user(s) are hereinafter also referred to individually as “party” and collectively as “parties”).

Bosch grants individual users access to the portal exclusively in accordance with these Terms of Use and the information provided directly in the portal.

2.1

Access to the portal requires a user account (hereinafter referred to as “user account”), which is created after completion of the registration process. As part of the registration process, the respective individual is obligated to provide Bosch with the necessary information that Bosch requires to open this user account (hereinafter referred to as “registration”).

2.2

Registration takes place via the portal or in another manner in advance. A central SingleKey ID is required for registration. Additional conditions apply for this, which the individual user is informed of separately when registering for the central SingleKey ID. The central SingleKey ID is also used for all communication with Bosch.

2.3

After submitting the login data for the central SingleKey ID, the individual user is requested to provide additional information (e.g. name) (hereinafter referred to as “registration data”). This registration data must be complete and correct.

2.4

The registration data of the individual user is displayed in full prior to completion of registration. At this point, the individual user can correct any entry errors. In order to complete the registration process and submit the registration data, the individual user must accept the applicability of the General Terms and Conditions.

2.5

By submitting the registration data, the individual user submits an offer to Bosch to conclude a user agreement in relation to the portal on the basis of the General Terms and Conditions (hereinafter referred to as ”User Agreement”). Bosch accepts this offer by sending an email confirmation and by activating the user account. In the following, the User Agreement is agreed between Bosch and the individual user.

3.1

The User Agreement between Bosch and the individual user is concluded upon acceptance of these Terms of Use by the respective individual user. The object of this User Agreement is access to the portal and use of the same by the respective individual user.

3.2

Upon conclusion of this User Agreement, the individual user is generally authorised to use the portal in the name and on behalf of the relevant customer to which they have been assigned.

4.1

The individual user may access the portal and use the content only in accordance with these Terms of Use and in accordance with the restrictions specified in the portal.

4.2

The respective individual user is obligated to treat their access data with care, not to pass it on to third parties and/or to allow third parties access without using the access data. The respective individual user is obligated to change their password for the user account immediately if they have reason to believe that the access data may have become known to unauthorised persons.

4.3

The individual user's access to and use of the portal and its content must also comply with all applicable laws, including copyright or trademark laws, antitrust and competition laws, export control laws, data protection laws or other laws in any applicable jurisdiction, and must not conflict with any agreement the individual user has signed with a third party. Individual users are responsible for ensuring that their access to the portal and use of the services is in accordance with applicable laws and regulations.

4.4

The individual user's access to the portal and his use of the content must also comply with the principles of the UN Global Compact Initiative, which essentially relate to the protection of international human rights, the right to collective bargaining, the abolition of forced labour and child labour, the elimination of discrimination in the recruitment and employment of personnel, responsibility for the environment and the prevention of corruption. Further information on the UN Global Compact Initiative:www.unglobalcompact.org.

5.1

Bosch is entitled to block an individual user's access to the portal if Bosch reasonably determines that

a) use of the portal and/or the content by the individual user

• represents a security risk for the portal and/or for Bosch or a third party;
• could have adverse effects with respect to the portal and/or the content or the systems;
• violates an applicable law or a right of a third party;
• could render liable Bosch, its affiliates or third parties; or
• could be fraudulent.

b) the individual user violates these Terms of Use or the restrictions specified in the portal or applicable law.

5.2

Bosch will notify the individual user that they have been blocked by sending a message to the email address associated with the user account prior to the blocking, unless Bosch must act immediately due to the seriousness and urgency of the matter and is unable to provide prior notice.

5.3

The blocking will be cancelled after the individual user has rectified the problem that led to the blocking and informed Bosch accordingly.

5.4

The right of Bosch to block an individual user's access to the portal is in addition to Bosch's right to terminate this licence agreement in accordance with the applicable law.

6.1

The term of the respective User Agreement with the individual user begins in accordance with section 3.1 of these Terms of Use and remains in force until it is cancelled by Bosch or the individual user in accordance with these Terms of Use.

6.2

Ordinary termination

a) The individual user may terminate the licence agreement at any time for any reason.

b) Bosch may terminate the respective User Agreement for objective reasons at any time with a notice period of three (3) months to the end of a calendar month. This does not affect Bosch's right to block the individual user in accordance with section 5 of these Terms of Use.

6.3

Termination for good cause

a) The right of the parties to terminate the User Agreement without notice for good cause remains unaffected by this.

b) Good cause is deemed to exist in particular if a party grossly violates express obligations under these Terms of Use, in particular if the individual user uses the portal or the content outside the scope of these Terms of Use or outside the restrictions specified in the portal and continues the violation after a reasonable remedial period has expired following a warning from Bosch.

6.4

Effect of the termination

From the effective date of termination

a) the portal will no longer be accessible to individual users;

b) all authorisations of the individual user end in accordance with these Terms of Use.

7.1

The parties must comply with the applicable data protection regulations (in particular the General Data Protection Regulation (EU) 2016/679).

7.2

Bosch processes personal data of individual users only to the extent necessary for the fulfilment of the user contract or as permitted by applicable law. The individual user acknowledges and confirms the collection and processing of this personal data within this scope. Information on the processing of personal data is available in the privacy policy on the portal.

7.3

The obligations pursuant to paragraphs 7.1 to 7.3 of these Terms of Use continue to apply as long as the data of the individual user is within the sphere of influence of Bosch, even after the termination date of the respective User Agreement pursuant to section 6 of these Terms of Use.

8.1

The parties undertake to treat all confidential information that becomes known to them within the scope of their legal relationship on the basis of these Terms of Use as strictly confidential and to use it only for the contractually agreed purposes. “Confidential information” in this sense means all economic, commercial, technical or other information of a confidential nature, in particular all specifications, descriptions, sketches, drawings, drafts, samples, data, prices and price components, calculations, inventions, formulae, procedures, plans, programmes, models and other knowledge, experience and know-how not belonging to the state of the art, which are disclosed or made accessible by one of the parties to the other party, irrespective of the type of recording, storage or transmission and irrespective of whether these were expressly or tacitly labelled as secret or confidential. Information expressly designated or labelled as confidential must in any event be deemed to be confidential information within the meaning of this section 8. The parties may not seek to register intellectual property rights in respect of each other's confidential information.

8.2

If confidential information within the meaning of the above definition is requested by an authority, the other party must be informed immediately and before the confidential information is passed on to the authority, insofar as this is legally permissible.

8.3

The confidentiality obligation set out in this section 8 of the Terms of Use does not apply to knowledge and information that is demonstrably:

a) generally known or part of the state of the art at the time of disclosure to the respective receiving party,

b) already known to the respective receiving party at the time of disclosure,

c) subsequently becomes generally known or is part of the state of the art through no fault by respective receiving party,

d) disclosed or made accessible by a third party acting in good faith who is free to disclose such information,

e) passed on, disclosed or made accessible to third parties with the express prior written consent of the respective disclosing contracting party,

f) have been individually developed by the respective receiving party without knowledge of the confidential information.

8.4

The rights and obligations under this section 8 of these Terms of Use remains unaffected by the termination of the respective User Agreement or the closure of the associated user account, provided there is no evidence of an exception under section 8.3 of these Terms of Use.

The respective individual user will be notified of changes to these Terms of Use by email to the email address associated with the user account of the respective individual user no later than thirty (30) calendar days before the planned entry into force of the changes, provided that the changes entail a restriction of the usability of the data generated to date or other disadvantages or additional costs (e.g. adjustment costs). If the individual user does not object within thirty (30) days of receipt of the notification or continues to use the portal after expiry of the objection period, the changes will be deemed to have been effectively agreed from the expiry of the period. In the event of an objection, the contractual relationship will continue under the previous conditions. In the event of an objection, Bosch is entitled to terminate the User Agreement with one (1) month's notice.

The contractual relationship between the parties is governed exclusively by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

11.1

These Terms of Use will be translated into other languages. In the event of conflicts between different language versions of these Terms of Use, the English language version will prevail.

11.2

The individual user is prohibited from assigning any or all of its obligations under these Terms of Use without the prior written consent of Bosch, which consent will not be unreasonably withheld.

11.3

Should any provision of these terms of use be or become invalid, this does not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision immediately with a valid provision that comes as close as possible to the economic result of the invalid provision. The same applies if a provision is not enforceable or the contract in question contains a loophole.