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Terms of Use

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Robert Bosch GmbH
(Business Unit eBike Systems)
B2B Partner Portal Terms of Use for Sub-Users

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 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)”).

These terms of use for Sub-Users (hereinafter referred to as the “Terms of Use”) govern exclusively only the legal relationship between Bosch and the respective 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”).

1. Scope of Terms of Use

Bosch grants access to the Portal and allows the use of the Services for the Sub-Users exclusively in accordance with these Terms of Use as well as in accordance with the General Terms of Use for the Portal (hereinafter referred to as the “General Terms”). In case of any contradiction between these Terms of Use and the General Terms, the General Terms shall prevail.

2. General Registration and User Account

2.1

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").

2.2

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.

2.3

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.

2.4

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.

2.5

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.

2.6

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.

2.7

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.

2.8

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

3.1

The Use Contract between Bosch and the Sub-User will be agreed upon with acceptance of these Terms of Use by the respective Sub-User (hereinafter referred to as the “Use Contract”). The subject of this Use Contract is access to the Portal as well as the use of the Portal by the respective Sub-User itself.

3.2

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

4.1

The Sub-User may access the Portal and use the Services only in accordance with these Terms of Use as well as in accordance with the General Terms.

4.2

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.

4.3

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:www.unglobalcompact.org.

5. Blocking of a Sub-User

5.1

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.

b) The Sub-User is in breach with these Terms of Use or violates the General Terms.

5.2

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.

5.3

The blocking shall be revoked after the Sub-User has resolved the problem giving rise to the blocking and has notified Bosch accordingly.

5.4

Bosch’s right to block the Sub-User’s access to the Portal and/or to the Services exists in addition to Bosch’s right to terminate this Use Contract pursuant to Section 6. of the Terms of Use as well as to other remedies that Bosch may have under the applicable law.

6. Term and Termination of the Use Contract with the Sub-User

6.1

The term of the respective Use Contract with the Sub-User commences in accordance with Section 3.1 of these Terms of Use and will remain in effect until terminated by Bosch or by the Sub-User in accordance with these Terms of Use or until the termination of the related Partner’s Use Contract with Bosch or the closure of the related Partner’s User Account.

6.2

Termination for Convenience

a) The Sub-User may terminate the Use Contract at any time for any reason.

b) Bosch may terminate the respective Use Contract for objective reasons at any time by providing three (3) months’ notice effective at the end of a calendar month. Bosch’s right to block the Sub-User in accordance with Section 5. of these Terms of Use shall remain unaffected.

6.3

Termination for Cause

a) The right of the Parties to terminate the Use Contract without notice for good cause shall remain unaffected.

b) Good cause shall be in particular when one Party grossly breaches express obligations under these Terms of Use, and in particular if the Sub-User uses the Portal or the Services outside the scope of these Terms of Use or outside the General Terms and remains in breach after the end of a reasonable cure period following a warning notification by Bosch.

6.4

Effect of Termination

Upon the effective date of termination

a) The Portal including the Services will no longer be accessible for the Sub-User;

b) All authorizations of the Sub-User in accordance with these Terms of Use end.

7. Data Privacy

7.1

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.

7.2

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.

7.3

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.

7.4

The obligations pursuant to Sections 7.1 to 7.4 of these Terms of Use shall continue to exist as long as the Sub-User’s data is in the area of influence of Bosch, also after the termination date of the respective Use Contract in accordance with Section 6. of these Terms of Use.

8. Changes

The respective Sub-User shall be notified of changes of these Terms of Use by email to the email address associated with the related Partner’s User Account no later than thirty (30) calendar days before the planned effective date of the changes insofar as the modifications involve a restriction of the usability of data generated till date or other disadvantages or additional charges (e.g. adaptation expenses). If the Sub-User does not object within thirty (30) days of receipt of the notification or continues to use the Portal and its Services after expiry of the period for objection, then the changes shall be deemed to have been effectively agreed as from the expiry date of the time limit. In the event of an objection, the contractual relationship shall be continued subject to the conditions applying hitherto. If an objection is raised, Bosch is entitled to terminate the Use Contract subject to a one (1) month notice period.

9. Miscellaneous

9.1

The contract language is English. Translations of these Terms of Use into other languages are for the Sub-User’s information only. In case of conflicts between different language versions of these Terms of Use, the English language version will prevail.

9.2

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

9.3

Should any provision of these Terms of Use 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.