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Terms of Use

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Robert Bosch GmbH
(Business Unit eBike Systems)
Terms of Use for the Sub-Portal for Independent Bike Dealers (“IBD”) (“IBD Sub-Portal”)

Preamble

Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen-Schillerhöhe Germany, (hereinafter referred to as "Bosch") operates a B2B partner portal for digital services for E-Bikes under http://b2b.bosch-ebike.com (hereinafter referred to as the “Portal”) where different partners of Bosch, such as bike manufacturers, independent bike dealers (hereinafter referred to as a or the “IBD”), bike component suppliers as well as other third party partners from different market segments (altogether hereinafter individually referred to as a “Partner” and collectively referred to as the “Partners”) (Bosch and the Partners hereinafter individually also referred to as a “Party” and together also referred to as the “Parties”) can, after a registration process and creation of a user account, use different digital tools and services provided by Bosch, such as data services, software development kits (SDK), APIs, customization services, analytics and dashboard services, communication and mailing services, etc., partly for free and partly for a valuable consideration (hereinafter individually referred to as a “Service” and together referred to as the “Services”). The Portal is exclusively governed by General Terms of Use (hereinafter referred to as the “Terms of Use”).

This sub-portal for specific services related to concerns of IBD (hereinafter referred to as the “IBD Sub-Portal”) shall be deemed as a set of individual Services in the meaning stated above as well as in the Terms of Use of the Portal. These terms of use for the IBD Sub-Portal (hereinafter referred to as the “Sub-Portal Terms”) shall be deemed mutatis mutandis as a specific regulation (corresponding to a Service Contract) in the meaning of Section 4.4 of the Terms of Use. The Sub-Portal Terms and the Terms of Use together constitute the entire contractual basis for the access to and the use of the IBD Sub-Portal.

Any provisions stated in the Terms of Use shall additionally apply for the access to and the use of this IBD Sub-Portal. In case of any contradiction between these Sub-Portal Terms and the Terms of Use, these Sub-Portal Terms shall prevail.

1. Services, Availability and Functionality of the IBD Sub-Portal

1.1

The IBD Sub-Portal is a platform for IBD which can be accessed via the Portal under [www.bosch-ebike.net]. Here, the IBD can, among other things, download diagnostic software as well as operating instructions and technical documents, monitor service tickets, manage completed online training courses, download/use online tools for promoting sales and obtain general information regarding the e-bike related products from Bosch (hereinafter collectively referred to as the “IBD-related Services”).

1.2

Concerning availability or functionality of this IBD Sub-Portal, Sections 3.3 f. as well as Section 4.2 of the Terms of Use shall apply accordingly.

2. Registration via Partner Portal, Access to the IBD Sub-Portal

Full registration takes place via the Portal. The registration process is set down in Section 2. of the Terms of Use. A mandatory requirement for access to the IBD Sub-Portal is the verification of authorized selling of e-bikes with Bosch-components as well as offering of services for them, and thus the verification of being an IBD. As soon as the status as IBD has been verified in this respect, the IBD will also receive access to the IBD Sub-Portal with the IBD-related Services.

3. Suspension of Access, Blocking of the Dealer Profile

3.1.

The suspension of access to the Portal is governed by Section 12. of the Terms of Use. Any suspension of access to the Portal automatically leads to a corresponding suspension of the access to the IBD Sub-Portal.

3.2

The IBD have the option of creating a dealer profile, which can then be found via the Bosch dealer search. Bosch also reserves the right to exclude a dealer profile from the dealer search if the personal content and information uploaded by the respective IBD to its personal dealer profile and used there is incorrect or misleading. The exclusion will only be effective for as long as the incorrect or misleading personal content or information remains in the respective personal dealer profile or has not been corrected.

4. Term and Termination

Term and termination of the access to the IBD Sub-Portal follow the term and termination of the access to the Partner Portal and the respective use contract (hereinafter referred to as the “Use Contract”) as set down in the Terms of Use (See Section 13. of the Terms of Use).

5. Use of the IBD-related Content, Usage Rights

5.1

The IBD-related Services may include, for example, the provision of data, software, test, image and video documents, information and other content (hereinafter referred to as the “IBD-related Content”). Any usage rights regarding IBD-related Content will be governed accordingly by Sections 6 f. of the Terms of Use. The IBD may only use the IBD-related Content in accordance with these Sub-Portal Terms, the Terms of Use as well as within the scope of requirements set down in the IBD Sub-Portal.

5.2

Unless further use is expressly permitted,

  • any usage rights shall be limited to the term of the Use Contract in accordance with Section 3. of the Terms of Use;
  • it is prohibited to process, edit, translate, advertise, demonstrate, publish, display, copy or distribute all or any of the IBD-related Content in the IBD Sub-Portal (including the use of so-called “I-Framing”). Likewise it is prohibited to remove or alter copyright notices, logos and other identifiers or protection notices.

5.3

It is only permitted to download IBD-related Content and to print IBD-related Content if there is a download or print option in the IBD Sub-Portal as a function (e.g. by means of a download button).

6. Remanufacturing of E-Bike Batteries

Based on its experience, Bosch is convinced that the remanufacturing of e-bike batteries (so-called “refreshing”) is a significant safety risk. Bosch therefore requires as a mandatory requirement for cooperation that the IBD within the scope of its business activities does not perform battery refreshing itself, nor sell refreshed batteries or in any other way support battery refreshing (particularly by passing on old batteries to third parties contrary to the legal provisions for proper disposal). If Bosch becomes aware that the IBD demonstrably is in breach of this requirement, Bosch will issue a warning regarding this behavior and reserves the right to terminate the Use Contract in accordance with Section 13. of the Terms of Use in the event of a repeated violation. After termination of the Use Contract, the access to the Portal as well as the access to the IBD Sub-Portal will be terminated accordingly (See Section 13. of the Terms of Use).

7. Changes of the Sub-Portal Terms or the IBD-related Services

For changes of these Sub-Portal Terms as well as of the IBD-related Services, Section 17. of the Terms of Use shall apply accordingly.

8. Contacts

Phone numbers and email addresses for country-specific contacts are as follows:

Germany +49 (0)7121 76 66 000 service@bosch-ebike.de

Austria +43 (0)1206092627 service@bosch-ebike.at

Switzerland +41 ()564644666 bosch-ebikeservice@fuchs-movesa.ch

Luxembourg +352 3420808328 service@bosch-ebike.de

Belgium +32 (0)22009048 service@boschebike.be

Netherlands +31 (0)202035483 service@bosch-ebike.nl

France +33 (0)157329438 service@bosch-ebike.fr

Italy +39 0299953659 service@bosch-ebike.it

Spain +43 910507346 service@bosch-ebike.es

Portugal +351 (0)213665499 service@bosch-ebike.pt

United Kingdom +44 (0)2036844877 service@bosch-ebike.co.uk

Denmark +45 43314886 service@bosch-ebike.dk

Norway +47 23024740 service@bosch-ebike.no

Sweden +46 (0)850252222 service@bosch-ebike.se

Finland +358 (0)972522117 service@bosch-ebike.fi

9. Applicable Law and Place of Jurisdiction

9.1

The law of the Federal Republic of Germany shall also apply exclusively to the user relationship with regard to this IBD Sub-Portal in accordance with the corresponding provision of the Terms of Use (See Section 19. of the Terms of Use). The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is also correspondingly excluded.

9.2

The exclusive place of jurisdiction for any legal disputes arising from or in connection with this IBD Sub-Portal as well as the IBD-related Services shall be Stuttgart, Germany. However, Bosch shall also be entitled to sue the IBD at the IBD's place of business. Mandatory exclusive places of jurisdiction remain unaffected.

10. Miscellaneous

10.1

The contract language is English. Any translations of these Sub-Portal Terms into other languages are for the IBD's information only. In case of any conflict between different language versions of these Sub-Portal Terms, the English language version will prevail.

10.2

The IBD may not assign any or all portion of its obligations in accordance with these Sub-Portal Terms or the Terms of Use without the prior written consent of Bosch, which shall not be unreasonably withheld.

10.3

Should any provision of these Sub-Portal Terms be or become void, the remaining provisions remain unaffected. The Parties agree to replace the void provision immediately by a valid provision which corresponds as closely as possible to the economic effect of the void provision. The same applies if a provision is unenforceable or if the respective contract contains a loophole.