These terms and conditions for use only apply to the use of the services provided via the Bosch eBike Systems Dealer Portal www.bosch-ebike.net operated by Robert Bosch GmbH, Gerhard-Kindler-Straße 3, 72770 Reutlingen (hereinafter"Bosch eBike Systems", "we", "us") by you as a specialist bicycle retailer (hereinafter"user", "you").
1.1. The Bosch eBike Systems Dealer Portal is a platform with a variety of functions that can be accessed on the Internet via www.bosch-ebike.net and which you, as a user, can use to 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 get general information relating to the products from Bosch eBike Systems.
1.2. The Service provided can involve, for example, the provision of data, software, test, im-age and video documents, information and other content (referred to collectively as "Content").
1.3. You must register in order to use these services. There is no charge for registering to use the Bosch eBike Systems Dealer Portal or the services offered there.
1.4. For our services there shall be no entitlement to uninterrupted availability or to a specific response time, although we will endeavour to ensure that the Bosch eBike Systems Dealer Portal is available without disruption. We cannot guarantee that access to or use of the Bosch eBike Systems Dealer Portal will not be impaired by maintenance work, further development or in any other way due to malfunctions that may also lead to data loss.
2.1. In order to register on the Bosch eBike Systems Dealer Portal you must be over 18 years of age and fully competent. Minors, those of limited competence and persons whose access rights have been permanently blocked are not permitted to register. The services provided on the Bosch eBike Dealer Portal are intended solely for entrepreneurs according to Article 14 German Civil Code (BGB).
2.2. It is possible to register online at www.bosch-ebike.net.
2.3. During the registration process you will be asked to provide various details. If it is neces-sary to provide certain data (in particular contact data) during registration or when using the service provided on the basis of the Bosch eBike Systems Dealer Portal, you must provide this information correctly and in full. If this data changes during the course of your usage, you must immediately correct your data in the Bosch eBike Systems Dealer Portal in your per-sonal settings, which can be found under "My Profile". If any costs arise due to the provision of incorrect data, you will be obliged to cover these costs.
2.4. By submitting your registration data you are making us an offer for the conclusion of a user relationship on the basis of these terms and conditions for use. We shall decide on whether to accept your offer at our own discretion. If your registration is not confirmed by us by e-mail to the e-mail address provided by you within a reasonable deadline, you shall no longer be bound by your offer. If an e-mail confirmation is received, an openended user relationship shall be established on the basis of these terms and conditions for use and we shall activate the requested user account. Once the link has been activated, you shall be entitled to use the Bosch eBike Systems Dealer Portal in line with these terms and conditions for use.
2.5. You may only register on the Bosch eBike Systems Dealer Portal once. Your registration, the user relationship and the user account and access data cannot be transferred or inherited. As a rule we do not verify your identity or your details when you register. For this reason we cannot guarantee that every profile owner is in fact the person that they claim to be.
2.6. We are entitled to send you legally binding declarations in relation to your user relationship by e-mail to the e-mail address currently listed in your user account.
3.1. Your access data, including the passwords, must be kept secret and should never be made available to unauthorized third parties.
3.2 It is also your responsibility to ensure that your access to the Bosch eBike Systems Dealer Portal and use of the services provided in the Bosch eBike Systems Dealer Portal is restricted to you and to the persons authorized by you. If you have reason to believe that unauthorized third parties have acquired or will acquire your access data, you must notify the Bosch eBike Systems Service Hotline immediately. Please note: You are fully responsible for all use and/or other activity on the Bosch eBike Systems Dealer Portal carried out using your access data. As the user, you will be liable for any damages arising from unauthorized use by third parties unless you are not at fault in this regard
3.3 You shall also ensure that all personal content and information uploaded by you and used within the scope of your personal dealer profile is correct and does not violate the rights of third parties. If a third party makes a claim against us for violation of their rights as a result of the personal content and information uploaded by you and used within the scope of your personal dealer profile, you must indemnify us against the claims of the third party and the costs of legal defence (in the form of necessary court and legal fees) caused by this under the following conditions:
a) We informed you in good time about the claim asserted by the third party and
b) We have not acknowledged the infringement of rights and have left all important steps concerning the extrajudicial and judicial dispute to you or have only carried them out in agreement with you.
3.4 By submitting, uploading, sharing, publishing, transferring or otherwise making available personal content (referred to hereafter as "User Content") in or within the scope of your personal dealer profile, you hereby grant us a free, worldwide, sublicensable, non-exclusive licence and the right to use User Content for the sole purpose of enabling us to provide the functions of the Bosch eBike Systems dealer portal and to include your dealer profile in the Bosch dealer search at https://www.bosch-ebike.com/ca/service/dealer-search/. The right of use includes in particular
a) the storage of User Content on the servers by us or by third parties commissioned by us at home or abroad;
b) the reproduction, modification, adaptation, moderation and publication of User Content, particularly the public performance and public presentation of User Content within the dealer profile or within the Bosch dealer search (or parts thereof).
c) the use of User Content for analysis and statistical purposes and for advertising purposes.
You guarantee that
c) your content is free of viruses, worms, malware, Trojan horses or other contaminating or destructive features.
4.1. Bosch eBike Systems can at its own discretion temporarily or permanently block your access to the Bosch eBike Systems Dealer Portal if specific evidence exists to indicate that you are/have been in breach of these terms and conditions for use, if you have supplied your access data to unauthorised third parties or if we have reason to suspect third party use or some other misused of the access data or user account, or if we have some other justified interest in blocking your access. Any decision to block access will take your justified interests into due consideration. Bosch eBike Systems will warn you by personal e-mail before blocking your access. If, despite prior warning, you continue to breach these terms and conditions for use, we reserve the right to block your access permanently and to permanently exclude you from future participation in the Bosch eBike Systems Dealer Portal.
4.2. In the event of the temporary or permanent blocking of your access rights, we shall notify you accordingly by e-mail.
4.3. In the event of a temporary block, your access rights shall be reactivated after the blocking period elapses or after the final removal of the reason for the block and you shall be notified accordingly by e-mail. A permanently blocked access authorisation cannot be restored and the associated user account will be deactivated.
4.4 We also reserve the right to exclude your personal dealer profile from the dealer search if the personal content and information uploaded by you to your 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 your personal dealer profile or has not been corrected.
5.1. You can terminate your free user relationship at any time by contacting our Bosch eBike Systems Service Hotline.
5.2. In the event that you completely terminate your Bosch eBike Systems Dealer Portal user account, we shall be entitled to irrevocably delete the data generated in association with your Bosch eBike Systems User Portal 30 calendar days after the termination comes into effect and after any statutory retention period has elapsed. The data protection provisions in relation to personal data shall have precedence and may allow for deletion at an earlier point.
5.3. Either party's right to terminate the agreement for cause shall remain unaffected. Such cause shall apply in particular if you repeatedly or gravely violate these terms and conditions for use.
6.1. Your user rights shall be restricted to access to the Bosch eBike Systems Dealer Portal and the use of the services available in the Bosch eBike Systems Dealer Portal within the framework of these terms and conditions for use.
6.2. You yourself are responsible for establishing the technical requirements necessary for the contractual use of the services in your area of responsibility (in particular hardware, web browser and Internet access). Advice in this regard is not part of our services.
6.3. We would point out that user activities within the legally permissible scope may be moni-tored and may result in legal obligations on our part. This may entail the logging of IP connec-tion data and their evaluation of there is specific reason to suspect a breach of these terms and conditions for participation and use and/or if there is specific reason to suspect some other illegal activity or criminal act.
The assembly of the content in the Bosch eBike Systems Dealer Portal, the design of the portal pages and the way in which the content is displayed are all subject to copyright. You may only use this content and these presentations in accordance with the terms and conditions for use and within the parameters set down in the Bosch eBike Systems Dealer Portal.
8.1. Unless further use is expressly permitted in these terms and conditions for use or in the Bosch eBike Systems Dealer Portal,
- user rights shall be limited to the duration and scope of the contractual use of your user account in the Bosch eBike Systems Dealer Portal and/or the services used by you;
- you are prohibited from processing, editing, translating, advertising, demonstrating, pub-lishing, displaying, copying or distributing all or any of the content on the Bosch eBike Systems Dealer Portal (including the use of so-called I-Framing). Likewise you are pro-hibited from removing or altering copyright notices, logos and other identifiers or protec-tion notices.
8.2. You are only permitted to download content ("Download") and to print content if there is a download or print option in the Bosch eBike Systems Dealer Portal as a function (e.g. by means of a Download button).
8.3. You will be granted indefinite non-transferable user rights to the content downloaded by you in an orderly manner from the Bosch eBike Systems Dealer Portal. Otherwise, all rights to the content shall remain with the original rights holder.
8.4. All mandatory statutory rights (including copying for private and other personal use pur-suant to Article 53 German Copyright Act) shall remain unaffected.
9.1 The following terms and conditions of this section 9 shall apply to software, updates and/or upgrades ("Software") supplied to you by Bosch on the Bosch eBike Systems Dealer Portal for downloading, provided these are not the subject of a separate agreement. In this case, only these provisions shall apply to the relevant software.
9.2 When you download the software, Bosch shall grant you the free and non-exclusive right to use the software in accordance with the instructions for the purpose of diagnostics and for the maintenance and/or troubleshooting of Bosch eBike systems.
9.3 You are not entitled to distribute the software or otherwise to supply it to third parties (in-cluding hiring, leasing, lending or licensing).
9.4 You are not entitled to edit, modify, reverse engineer, decompile or disassemble the pro-gram code of the software or parts thereof or to hack the source code in any other way or to produce derivative products from the software. The mandatory, inalienable provisions of Arti-cles 69d, 69e German Copyright Law shall not be affected by this.
10.1. Any activity that could impair the smooth operation of the Bosch eBike System Dealer Portal, in particular that could overload our IT systems, is prohibited.
10.2. If you become aware of any illegal, wrongful or unauthorized use of the Bosch eBike Dealer Portal contrary to contract, you can write to Bosch GmbH, Gerhard-Kindler-Straße 3, 72770 Reutlingen or e-mail firstname.lastname@example.org to report such improper use. We shall then investigate the matter and take any steps that may be necessary.
11.1. Bosch shall only be liable for material defects or defects of title, irrespective of the legal grounds, insofar as Bosch has maliciously concealed such material defects or defects of title. You may be entitled to assert further claims against the vendor of the hardware delivered with the software.
11.2. Bosch eBike Systems shall only have unlimited liability to the user for damages arising from any intentional or grossly negligent breach of contractual obligations by Bosch eBike Systems and in the event of loss of life, physical injury and damage to health. Liability for minor negligence shall be excluded. Any liability on the part of Bosch eBike Systems according to the Product Liability Act or when guarantees are offered shall not be affected by this.
11.3. The aforementioned liability restrictions shall also apply in the event of breaches of duty by the legal representatives or agents of Bosch. If the above provisions exclude any liability on the part of Bosch eBike Systems, this shall also apply to any personal liability on the part of the employees and agents of Bosch eBike Systems.
11.4 We assume liability for the content of the Bosch eBike Systems dealer portal in accordance with the statutory provisions. References and links to websites or third-party offers do not mean that we adopt the content behind the reference or link as our own. Such content forms no basis for any responsibility on our part for the data and information provided there. We have no influence on the content behind the link. We are therefore not liable for illegal, incorrect or incomplete content or for damages caused by the use of content behind the link.
Bosch eBike Systems reserves the right to change these terms and conditions of use at any time even within the existing user relationships. You will be notified by e-mail of such changes at least 30 calendar days before the planned changes come into force. If you do not object within 30 days of receiving the message and if you continue to use the services after the objection deadline has passed, the changes shall be deemed effective after the end of the objection deadline. If you do object, the user conditions shall continue in accordance with the previous conditions. In the event of an objection, Bosch eBike Systems reserves the right to end the user relationship in accordance with section 5. The change message will notify you of your right to object and the possible consequences.
We are entitled at all times to change or discontinue services provided free of charge on the Bosch eBike Systems Dealer Portal, or only to provide these services at a charge; we may also add new services either on a charged or free-of-charge basis.
The Bosch eBike Systems Dealer Portal is provided by
Robert Bosch GmbH
Geschäftsbereich Bosch eBike Systems
Gerhard-Kindler-Straße 3, 72770 Reutlingen
Phone and e-mail
|Germany||+49 (0)7121 76 66 email@example.com|
|Canada||+1 844 723 firstname.lastname@example.org|
|US||+1 844 723 email@example.com|
|Australia||+61 1300 300 firstname.lastname@example.org|
|New Zealand||+64 800 111 email@example.com|
15.1. German law shall apply, excluding the regulations of German private international law and the United Nation Convention on the International Sale of Goods. The sole court of juris-diction is Stuttgart.
15.2. If any provision of these terms and conditions of use is or becomes invalid, this shall not effect the validity of the remaining terms and conditions for use. In such as case the parties are obliged to work to establish terms and conditions for use that achieve effective terms and conditions for use that reflect as closely as possible the economic intent or the original terms and conditions. The above provisions shall also apply accordingly in order to remedy any contractual deficiencies.
Revision: Valid from November 11th