利用規約

General terms of use for services provided by Robert Bosch GmbH on

bws.boschaftermarket.com

The website and all services offered within the framework of this agreement are operated by Robert Bosch GmbH, Auf der Breit 4, 76227 Karlsruhe, Germany (hereinafter referred to as "Bosch", "we" or "us"). Further details can be found in the legal notice under "Imprint".

These terms of use govern the legal relationship between you as the end user (hereinafter referred to as the "user" or "you") and Bosch regarding access to and use of the website.

1. Services and availability

1.1 BWS Online is a web application for processing material defect liability cases for customers of Robert Bosch GmbH, Auf der Breit 4, 76227 Karlsruhe, Germany.

1.2 The services offered may consist, for example, of the entry of content/information for processing material defect liability cases (hereinafter referred to as "content").

1.3 We reserve the right to provide additional services on BWS Online or to temporarily restrict the use of services provided. As a user, you are not entitled to the continued provision of particular services or parts.

1.4 Registration is required in order to use this service. The functions defined on the basis of the assigned user groups are available after signing in. Registration is free of charge.

1.5 Uninterrupted use cannot be guaranteed. We offer no guarantee that access to or use of BWS Online will not be interrupted or impaired by maintenance work, ongoing development or other disruptions, which could result in a loss of data in some cases. We shall endeavour, as far as possible, to provide uninterrupted use of this service. However, temporary restrictions or interruptions may occur as a result of technical faults (such as interruptions to the power supply, hardware faults, software errors or technical problems in data cables).

2. Registering with BWS Online

2.1 To use BWS Online and associated services, self-registration (for external users) with a central SingleKey ID is required. The registration form is available at "Not yet registered". To register, please complete the online form provided.

The following personal data (password*, email address*) is required on a voluntary basis. Required fields are indicated by *.

Please confirm the terms and conditions and acknowledge the data protection statement for user management of the SingleKey ID.

(Bosch employees are not allowed to register via SingleKey ID, but are automatically registered and managed via Bosch ADFS)

2.2 The data you provide must be complete and correct. If this data changes during the user relationship, you must de-register and then register again.

2.3 By submitting your registration details, you are requesting that a user relationship be established on the basis of these terms of use. A local administrator (your local contact person for BWS Online) decides, at our discretion, on the acceptance of this request and on the usage rights. If the user is accepted, the user receives an email with a link to authenticate/confirm the email address. If you are unable to access BWS Online, please contact your local contact person.

2.4 You can only register for a SingleKey ID once. Your registration, user relationship and log-in details cannot be transferred. When you register, we do not carry out any checks of your identity or information. For this reason, we and BWS Online offer no guarantee that any profile corresponds to the person represented therein.

3. Responsibility for log-in details

3.1 Your log-in details, including the password, are personal to you. The user is obliged to store their log-in details carefully and protect them against unauthorised access.

3.2 If the user becomes aware that an unauthorised third party has used their log-in details, they must notify their local contact person by email.

Please note that you are fully responsible for all use and/or other activities carried out using your log-in details on BWS Online.

4. Usage rights and scope of use, monitoring of user activities

4.1 Your user authorisation is limited to access to BWS Online and the use of the services provided on BWS Online within the framework of the terms of this use authorisation. Users may be authorised for different functions with different rights through the use of different user groups. Users do not have any rights exceeding those explicitly granted to the user in the framework of these terms of use. In particular, the user is not entitled to use BWS Online to an extent that exceeds the scope agreed in these terms of use and may not make BWS Online available to any third parties. In particular, it is not permitted to replicate BWS Online or its provision for use beyond a limited time frame or to lease or loan it.

4.2 You are responsible for providing the technical resources required for the contractually agreed use of the services insofar as it lies within your control (in particular hardware, web browser and Internet access). Neither we nor BWS Online are obliged to provide advice in this respect.

4.3 Please note that user activities may be monitored to the extent permitted by law in accordance with the Telemedia Act (Germany) and the General Data Protection Regulation (Europe) and that we may be subject to a legal obligation in this respect. This could include logging and analysing IP communication data if there is specific reason to suspect a violation of these terms of participation and use and/or if there is actual suspicion of other kinds of illegal activities or violations.

4.4 If continuous use is not expressly permitted or enabled in these terms of use or on BWS Online or by a corresponding function (e.g. a download button) on BMS Online,

• you can only use the content available on BWS Online for your own internal business purposes. Any use of this content for other purposes is not permitted (see also paragraph 8). This usage right is limited to the duration of your contractual participation on BWS Online.

• you must not remove any copyright notices, logos or other marks or proprietary notices.

4.5 You alone are authorised to download ("download") and print content, provided that a download or print option is provided as a technical feature on BWS Online (e.g. in the form of a download button).

4.6 You are granted an unlimited and non-exclusive right to use the content that you have downloaded or printed for your own purposes.

4.7 Statutory rights (including reproduction for private and other personal use in accordance with Section 53 of the German Copyright Act) are unaffected.

4.8 We are entitled at any time to modify the services on BWS Online, to offer free or payment-based services and to change the provision of free services. In so doing, we will take your legal interests into account.

4.9 Whenever you are notified of a change, you will be informed separately about the consequences of the change and your right to object. Notifications of changes are normally sent by email to the email address you provided.

5. Suspension of access

5.1 Bosch may fully or partially suspend your access to BWS Online, either temporarily or permanently, if Bosch determines that you have violated these terms of use and/or applicable law or if we have other justified grounds for suspension, including a security risk to BWS Online and its functionality or to any third party. When deciding whether to suspend access, reasonable consideration will be given to your justified interests. If you continue to violate these terms of use despite a warning, we reserve the right to permanently suspend your access and exclude you from further participation in BWS Online.

5.2 If your access rights are temporarily or permanently suspended, you will be notified by email or by means of a message when you attempt to sign in.

5.3 If your access rights are temporarily suspended, they will be reactivated once the suspension period has elapsed or the reason for the suspension no longer applies. You will be notified of this by email. A permanently suspended account cannot be reactivated.

6. Termination of use

6.1 You can terminate your access at any time by de-registering. We also reserve the right to terminate free access to some or all services with a notice period of fourteen (14) days.

6.2 In the event of complete termination, we are entitled to delete all data on BWS Online after the date on which the termination comes into effect and after any statutory grace period has elapsed. In the case of personal data, data protection regulations, which may stipulate a shorter period prior to deletion, take priority.

7. Scope of permitted use, rules of conduct, monitoring of usage activities

7.1 Your usage authorisation is limited to access to BWS Online and the use of services available on BWS Online within the framework of the provisions set out in these terms of use.

7.2 You are responsible for providing the technical resources required within your sphere of responsibility for the contractually agreed use of services (in particular hardware, web browser and Internet access). Neither we nor BWS Online are obliged to provide advice in this respect.

7.3 Please note that user activities may be monitored to the extent permitted by law in accordance with the German Telemedia Act and Federal Data Protection Act and that we may be subject to a legal obligation in this respect. This may include logging and analysing IP connection data and conversations if there is specific reason to suspect a violation of these terms of participation and use and/or if there is actual suspicion of any other illegal activity or criminal act.

8. User obligations

8.1 Commercial use is only permitted in accordance with this terms and conditions Illegal commercial use includes the use of services available on BWS Online and their content in return for payment.

8.2 All types of activity on or in connection with BWS Online that violate applicable laws, third-party rights or the principles of the protection of minors are prohibited. In particular, the following are prohibited:

• the posting, distribution, provision and use of pornographic content, content that violates laws on the protection of minors or data protection, and/or content that violates other laws and/or consists of fraudulent content, services and/or products;

• the use of content that denigrates or defames other users or third parties;

• the use, provision or distribution of content, services and/or products protected by law or subject to the rights of third parties (e.g. copyright) unless this has been expressly permitted.

8.3 Regardless of potential violations, the following activities are also prohibited on BWS Online:

• the dissemination of viruses, trojans or other malware;

• the distribution of offensive, sexually characterised, obscene or defamatory content and content that supports or advocates (whether explicitly or implicitly) racism, fanaticism, hatred, physical violence or illegal activities;

• the distribution and/or public reprint of content available on BWS Online unless this has been expressly permitted by the author or expressly made available as a function on BWS Online.

8.4 Any activity intended to impair the smooth functioning of BWS Online, in particular activities that overload our IT systems, is also prohibited.

8.5 If you become aware of any illegal or inappropriate use of BWS Online, or any use in violation of the agreement or otherwise unauthorised, you can report this to your local contact person.

We will investigate the situation and take the appropriate steps.

If you wish to contact us, please find us at the address stated in the "Controller" section.

To assert your rights please use the following link:

https://request.privacy-bosch.com/entity/RB/

To notify data protection incidents please use the following link:

https://www.bkms-system.net/bosch-dataprotection

For suggestions and complaints regarding the processing of your personal data we recommend that you contact our data protection officer:

Datenschutzbeauftragter [Data Protection Officer]
Informationssicherheit und Datenschutz (C/ISP)
Robert Bosch GmbH
Postfach 30 02 20
70442 Stuttgart
Germany
or
Email: dpo@bosch.com

8.6 We and BWS Online reserve the right to change the posting of content and/or to edit, block or remove previously posted content without prior notice if the posting of the content by you or the posted content itself has resulted in a violation of the said terms or if there are specific indicators of an impending serious violation. However, your justified interests will be taken into account.

9. Protection of content

9.1 The content available on BWS Online is in part protected by copyright, trademark and competition rights or other proprietary rights and is our property or the property of third parties who made the content available. The composition of content on BWS Online is also protected by copyright in its own right. You may only use this content in accordance with these terms of use and within the framework of BWS Online. Content supplied by third parties is referred to as 'third-party content'.

9.2 Some of the content available on BWS Online is provided by us and some by other users or other third parties. Content from users and other third parties is referred to below as 'third-party content'.

9.3 We do not verify the completeness, correctness or lawfulness of third-party content and therefore accept no responsibility and offer no guarantee as to the completeness, correctness, lawfulness or up-to-dateness of third-party content. The same applies to the quality of third-party content and its suitability for a particular purpose.

10. Data protection

10.1 Our quality standards and those of BWS Online include the responsible handling of your personal data (hereinafter referred to as "personal data"). We therefore only collect, store and process the personal data resulting from registration on BWS Online and from the use of the available services if required in order to provide the agreed services and if permitted by law. We will treat personal data confidentially and in accordance with the provisions of the applicable data protection law and will not share it with third parties. Personal data is stored by the provider for as long as the partner continues to use the provider's services via BWS Online, after which the data will be deleted from the system.

10.2 In addition, your personal data will only be used if you have expressly consented to its use. You can revoke your consent at any time.

10.3 Please also refer to our data privacy statement.

11. Liability

11.1 In accordance with the provisions of the law, Bosch is responsible for all damages arising from death, physical injury or harm to health in the event of culpable violation of obligations.

11.2 In accordance with the provisions of the law, Bosch is liable in the event of culpable violation of material contractual obligations. However, this liability is limited to foreseeable damages typical for the contract, if Bosch does not violate material contractual obligations intentionally of by gross negligence. Contractual obligations are those which are essential for achieving the aims of the agreement and whose fulfilment the customer is entitled to rely on.

11.3 In accordance with the provisions of the law, Bosch is liable for grossly negligent and intentional violations of non-material contractual obligations.

11.4 Above and beyond this, no liability is accepted for culpable violations of contractual obligations.

11.5 These limitations and exclusions of liability in accordance with clauses 1 to 4 of this provision also apply to legal representatives of Bosch or persons engaged by Bosch to carry out its obligations (vicarious agents), should claims be lodged directly against them.

12. Indemnity

12.1 The user indemnifies Bosch against third-party claims arising from or in connection with the following:

a. any use of BWS Online or the services in violation of this agreement or in violation of applicable laws or other regulations;

b. allegations that the user content or the use of BWS Online or the services by the user in violation of this agreement violates, infringes or makes unlawful use of the rights of third parties.

12.2 The aforesaid applies regardless of whether such damages were caused by the user or/and user's user or by the conduct of a third party using the user's user data.

12.3 The aforesaid is subject to the condition that Bosch

a. notifies the user of the circumstances immediately in writing and in detail;

b. authorises the user to engage independently in any judicial and extrajudicial proceedings with such third parties;

c. provides the user, at the user's cost, with appropriate support to enable the user to defend themselves against claims.

12.4 The user is entitled to complete control of the defence and to any compensation resulting from such claims, as long as such compensation does not involve any financial obligation for Bosch. Should Bosch reject the user's offered defence or otherwise not relinquish complete control of the defence to a lawyer appointed by the user, Bosch waives the user's obligations in accordance with this section.

12.5 Bosch will cooperate fully in the defence against such claims and may be represented by a lawyer of its choice, at its own cost.

13. Changes to the terms of use

13.1 Bosch reserves the right to change these terms of use at any time, such changes also being applicable to existing relationships. You will be notified of any such changes by email at least thirty (30) calendar days before the date on which the change is due to come into effect. In this notification, you will be informed about your right to object as well as the associated consequences. If you do not object within thirty (30) days of receiving the notification and also continue to use the services after the objection period has expired, changes will be considered to have come into effect as of the expiry of this period. If you object, the user relationship will continue under the previous terms of use. In the event of an objection, Bosch reserves the right to terminate the contractual relationship in accordance with section 4.

14. General provisions

14.1 German law shall apply to the exclusion of German international private law and the UN Convention on Contracts for the International Sale of Goods.

14.2 If you are a dealer, the place of jurisdiction shall be solely the place of business of Robert Bosch GmbH. However, Bosch also has the right, at its own discretion, to institute legal proceedings at your place of business.

14.3 Should any of the provisions in these terms of use be or become ineffective, this shall not affect the effectiveness of the other provisions in this agreement. In such a case the parties undertake to cooperate in drawing up new provisions.

Effective date: 01.03.2023, version 1.1