Robert Bosch GmbH
(Business Unit eBike Systems)
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 (IBD) (OEM) (hereinafter referred to as the “Portal”) where different partners from Bosch (hereinafter individually referred to as a “Partner” and jointly referred to as the “Partners”) can, after a registration process and creation of a user account, use different digital tools and services provided by Bosch (hereinafter referred to as the “Services”).
Each user account (hereinafter referred to as the “User Account”) will be created and managed by one natural person belonging to the respective Partner (hereinafter referred to as the “Administrator”). The Administrator can designate additional persons finally approved by Bosch who are then allowed to use the respective Partner’s User Account with own personal access data (hereinafter referred to as the “Sub-User(s)”).
(Bosch and the Sub-User(s) hereinafter individually also referred to as a “Party” and jointly also referred to as the “Parties”).
2. General Registration and User Account
For access to the Portal as well as for the order of any Services it is necessary to have a User Account, which will be created after completion of the registration process. In the scope of the registration process, the respective Partner is obliged to provide Bosch with the required information that Bosch needs to open their User Account (hereinafter referred to as the "Registration").
The Registration takes place via the Portal or otherwise beforehand. For the Registration, a central Bosch ID is required. For this, additional terms and conditions apply about which the Partner will be informed separately during the registration for the central Bosch ID. The central Bosch ID shall also be used for any communication with Bosch.
After submitting the login data for the central Bosch ID, the Partner will be asked to provide additional information (e.g. name, current valid business address etc.) (hereinafter referred to as the “Registration Data”). The Registration Data must be declared completely and correctly. The Registration of a legal person may only be carried out by an authorized natural person, who must be mentioned by name.
Before completion of the Registration process, the Registration Data will be displayed completely to the Partner. At this time, the Partner is able to correct possible input errors. In order to complete the Registration process and to transmit the Registration Data, the Partner duly has to accept the application of the General Terms.
By transmitting the Registration Data, the Partner is making an offer toward Bosch to conclude a use contract with regard to the Portal based on the General Terms. Bosch will accept this offer by sending a confirmation via email as well as/or by activating the User Account. Hereafter the Use Contract between Bosch and the Partner has been agreed upon.
Bosch further reserves the right to verify the identity of the Partner directly after transmitting the Registration Data or later on, for example by clicking an activation link that will be sent to the Partner’s email address. As long as the Partner has not provided the necessary evidence, the User Account may remain suspended. If the Registration has not been carried out completely, Bosch reserves the right to delete the registered User Account accordingly.
Each legal person can only be registered once with one User Account. Each User Account will be created and managed by the respective Administrator. User Accounts are not transferable. In agreement with Bosch, the Administrator can accept Sub-Users to be allowed to use the respective User Account with own personal access data.
The respective Sub-User is obliged to handle its login data with care, not to disclose it to third parties or persons and/or not to enable third parties or persons to obtain access without using the login data. The respective Sub-User is obliged to change its password for the User Account without undue delay if he has a reason to believe that the login data could have become known to unauthorized parties or persons.
3. Use Contract between Bosch and the Sub-User
With conclusion of this Use Contract, the Sub-User is principally entitled to use the Portal in the name and on behalf of the respective Partner assigned to him.
4. Sub-User’s Obligations
The Sub-User’s access to the Portal and its use of the Portal and the Services shall further comply with all applicable laws, including copyright or trademark laws, antitrust and competition laws, export control laws, data protection laws, or any other laws in any applicable jurisdiction, and shall not conflict with any agreement that the Sub-User has signed with any third party. The Sub-User is responsible for making sure that its access to the Portal and its use of the Services is in compliance with any applicable laws and regulations.
The Sub-User’s access to the Portal and its use of the Services must also comply with the principles of the UN Global Compact Initiative relating basically to the protection of international human rights, the right to collective bargaining, the abolition of forced labor and child labor, the elimination of discrimination when personnel is engaged and employed, the responsibility for the environment and the prevention of corruption. Further information on the UN Global Compact Initiative is available at:.
5. Blocking of a Sub-User
Bosch may block the respective Sub-User’s access to the Portal and/or to the Services, if Bosch reasonably determines that
a) The Sub-User’s use of the Portal and/or the Services
- poses a security risk to the Portal and/or to the Services and/or any third party;
- may adversely impact the Portal and/or the Services or the systems;
- infringes any applicable law or any third party right;
- may subject Bosch, Bosch’s Affiliates, or any third party to liability; or
- may be fraudulent.
Bosch will notify the Sub-User about the blocking by sending a notice to the email address associated with the Partner’s User Account prior to the blocking unless, due to the seriousness and urgency of the matter, Bosch needs to act immediately and is unable to provide prior notice.
The blocking shall be revoked after the Sub-User has resolved the problem giving rise to the blocking and has notified Bosch accordingly.
6. Term and Termination of the Use Contract with the Sub-User
Termination for Convenience
a) The Sub-User may terminate the Use Contract at any time for any reason.
Termination for Cause
a) The right of the Parties to terminate the Use Contract without notice for good cause shall remain unaffected.
Effect of Termination
Upon the effective date of termination
a) The Portal including the Services will no longer be accessible for the Sub-User;
7. Data Privacy
The Parties shall comply with the provisions of data protection law (particularly with the General Data Protection Regulation (EU) 2016/679) respectively applicable and bind their employees engaged in connection with this contractual relationship and the execution thereof to data privacy and confidentiality in accordance with the applicable laws, except to the extent that they are already under a general obligation to act accordingly.
If the Partner or the Sub-User(s) processes personal data, then the Partner and its Sub-User(s) guarantee that he/they is/are authorized to do so in accordance with the applicable laws and regulations, and that he has obtained all necessary consents, authorization and required permissions or has entered into necessary agreements with third parties in a valid manner in order to allow Bosch to perform the tasks hereunder, including any access and processing of personal and other private data of all concerned individuals and/or third parties (e.g. end customers of the Partner or the Partner’s employees) which may be subject to special protection under applicable laws.
Bosch shall only process Sub-User-related personal data to the extent required to execute the Use Contract or a service contract, or otherwise permitted by applicable laws. The Partner and the Sub-User acknowledge and confirm the collection and processing of such personal data to this extent. Information about the processing of personal data can be found in the data protection notice of the Portal and the Services.