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Terms & Conditions
General Terms and Conditions of Use of the services accessible via the website www.ebike-connect.com/en the Robert Bosch GmbH (AE-EB)
(status: July 2014)
These Terms and Conditions of Use are applicable in the version valid at the time of conclusion of contract for use of the services by you as consumer ('user') provided via the Bosch e Bike portal www.ebike-connect.com/en ('eBike Connect') by Robert Bosch GmbH, Gerhard-Kindler-Strasse 3, 72770 Reutlingen ('Robert Bosch', 'we', 'us').
§1 Service offerings and availability
1. eBike Connect is a platform with various functions, where you as a user can manage and retrieve information such as your fitness level and your routes.
2. The services offered can, for example, include the provision of data, maps, image and audio files, information and other content (collectively 'content'); furthermore, the option of obtaining automated advice in order to improve your fitness level and for this purpose, the option of saving and managing details on your eBike in your user profile. Please refer to www.ebike-connect.com/en for information on the scope of the services provided under this Service Description.
3. You will need to register to use the services. The registration for use of eBike Connect is free of charge. However, we reserve the right to offer individual services for a fee. Chargeable services are marked accordingly. Detailed regulations governing their use can be found in § 4.
4. There is no entitlement to free services for uninterrupted use. No guarantee is given that access to or the use of eBike Connect will not be interrupted or impaired by maintenance work, further developments or otherwise by disruptions, some of which may be lead to data loss. We make every effort to ensure that use of the eBike Connect services is not disrupted. However, due to technical disruptions (such as e.g. disconnection of the power supply, hardware and software faults, technical problems in the data lines), temporary restrictions or interruptions may occur. For chargeable services (including those accessible within the basic access membership), we guarantee in our area of responsibility availability of 95.0 % as an annual average. The regular maintenance window each day between 0:00 and 4:00 hours is not included when calculating the availability of eBike-Connect cases.
§2 Registration with Bosch eBike Connect
1. You must be an adult to register with eBike Connect. Login is prohibited to minors and persons whose access has been permanently blocked. In the course of the registration process you will be asked to provide information and set your login details. This information consists of the following: First and last name, e-mail address, a freely selected password, gender, year of birth, height/weight, an address for which free navigation can be provided within a 20km radius and your fitness level. In addition, you can create an advanced profile with more details about yourself.
2. If it is necessary to provide certain information on eBike Connect (in particular contact data) at the time of registration or when using the services provided to eBike Connect, you must provide this information truthfully and in full. If this information changes in the course of the user relationship, you must correct your data on eBike immediately in your personal settings. If the provision of incorrect information results in costs, you are obliged to pay for these costs.
3. On submitting your registration data, you are providing us with an offer to enter into a user relationship on the basis of these Terms and Conditions of Use are no longer bound to your offer. On receipt of the e-mail confirmation, a contractual user relationship is initiated and the requested access is allowed. Once access is allowed, you are authorised to use eBike Connect in the context of these Terms and Conditions of Use. To do this, you must confirm authorisation by clicking on the link contained in the e-mail confirmation. If this link is not clicked within 30 days, your access will be disabled.
4. You may only register with eBike Connect once. Neither your registration, nor your user relationship nor your user account can be transferred. As a rule, we do not verify your identity nor your personal details when you register. Therefore we cannot give any guarantee that the profiles actually relate to the person they purport to relate to.
§3 Responsibility for the login details
1. You must keep your login details including the password secret and not make these details available to unauthorised third parties.
2. It is furthermore in your responsibility to ensure that only you or the persons authorised by you have access to eBike Connect and the use of the services available on eBike Connect. If there are suspicions that unauthorised third parties have obtained or will obtain your login details, Robert Bosch (firstname.lastname@example.org) must be notified immediately.
Please note: You are fully responsible for any use and/or other activity on eBike Connect that is carried out using your login details. You as a user are liable for any losses caused by unauthorised third party use, unless you are not to blame.
§4 Usage of chargeable services
The use of a smartphone app is required in order to use the chargeable services (premium services). The provisions on how to obtain these premium services can be found in the General Terms and Conditions of Use of the respective smartphone app.
§5 Blocking of access
1. Robert Bosch can at its sole discretion block your access - temporarily or permanently - to eBike completely or to individual areas or if there is a tangible suspicion that you are in breach of or have breached these Terms and Conditions of Use and/or any applicable law, or if we have other legitimate interest in blocking a user account. The decision on blocking will adequately take into account your legitimate interests. Bosch will send you a personal message by e-mail warning you that your account will be blocked. If despite warnings you repeatedly breach these Terms and Conditions of Use, we reserve the right to block your access permanently and to exclude you permanently from future participation in Bosch eBike Connect.
2. In the case of temporary or permanent blocking of your access authorisation, you will be notified by e-mail about this.
3. In the case of a temporary blocking, your access authorisation will be reactivated after expiry of the timeout period or one the reason for blocking has been finally rectified and you will be notified by e-mail about this. Permanently blocked access authorisation cannot be restored.
§6 Termination of use
1. You may terminate your free access at any time by unsubscribing from your eBike Connect account. We also reserve the right to cancel free access to all our services or individual services with a notice period of fourteen (14) calendar days. Notice of termination should be sent by the user to email@example.com.
2. In the event that notice is given for full termination of the eBike Connect accounts, your user name and the password will be blocked until the termination date
3. In the event of a full termination of your eBike Connect accounts, we are entitled to irretrievably delete all data created in the context of their eBike Connect accounts data at the end of 30 calendar days dating from the effective date of notice and after any legal retention periods. The regulations on data protection shall take precedence with regard to personal data and these regulations may provide for a shorter period for deletion.
§7 Scope of permitted use, monitoring of usage activities
1. Your subscription is limited to access to eBike Connect, as well as the use of the services available on eBike Connect under the provisions of the Terms and Conditions of Use.
2. You are responsible for ensuring the necessary technical requirements that fall within your area of responsibility (in particular, hardware, web browser and Internet access). We are not under any obligation to provide advice in this respect.
3. It should be noted that under the Telemediengesetz [German Telemedia Act] and the Bundesdatenschutzgesetz [German Data Protection Act] your use activities may be monitored to the legally permitted extent and there may be a statutory obligation for us to do this. This includes logging of IP connection data, as well as the evaluation of this connection data if there is a tangible suspicion that the present Terms and Conditions of Use have been breached and/or a tangible suspicion of the existence of a criminal offence or other illegal activity.
§8 Protection of content
The compilation of the content on eBike Connect is protected as such by copyright. You may only use this content in accordance with these Terms and Conditions of Use and in the context of eBike Connect.
§9 Right to available content on eBike Connect
1. Unless any further use is expressly permitted in these Terms and Conditions of Use or on eBike Connect,
- you may only retrieve online and view the content available on eBike exclusively for your own purposes and if you are a natural person, for the purposes of family members living in the same household as you. Any commercial use of the available content is prohibited (see also § 10). This usage right is limited to the duration of your contractual participation in eBike Connect;
- you are forbidden from editing, modifying, translating, presenting, publishing, issuing, replicating or disseminating (including the use of I-framing) the content available on eBike Connect, wholly or partially. It is also forbidden to remove or change copyright notice, logos and other distinctive signs or notices.
2. You are only entitled to download and print out content insofar as a feature is available on eBike Connect to download or print (e.g. by means of a download button).
3. With regard to content you have duly downloaded, you are granted an indefinite and non-exclusive right of use to use the content for your own purposes or for the purposes of family members living in the same household as you. With regard to content that is transferred to you for a charge, a further prerequisite for the granting of this right is that you have paid in full for the relevant content. In addition, the original right-holders shall retain all rights to the content.
4. The mandatory legal rights (including reproduction for private and other personal use according to §53 Urhebergesetz [Germany Copyright Act]) remain unaffected.
§10 Forbidden activities
1. Commercial use is not permitted.
2. Also prohibited is any act that could impair the smooth operation of eBike Connect, in particular placing an excessive burden on our IT systems.
3. If you become aware of any illegal, improper, wrongful or otherwise unauthorised breach of eBike Connect, you can write to Robert Bosch GmbH, Gerhard-Kindler-Strasse 3, 72770 Reutlingen, or send an e-mail to firstname.lastname@example.org and report this unauthorised use. We will then carry out checks and if necessary, take reasonable steps.
§11 Data protection
1. One of the quality requirements of Robert Bosch is to handle your personal data (hereinafter referred to as 'personal data') responsibly. The personal data arising from registration with eBike Connect, as well as resulting from the use of the available services are only collected, stored and processed to the extent that this is necessary to use the services and for contractual performance and insofar as permitted by statutory provisions. We therefore treat the personal data confidentially and in accordance with the provisions laid down in the prevailing data protection law and do not share this data with third parties. The personal data will be kept by Robert Bosch as long as the services of Robert Bosch are used via the Bosch eBike Connect by the partner; after this time, the personal data is deleted from the system.
2. In addition, your personal data is only used to the extent to which you have given your express consent. You can withdraw your consent at any time.
§12 Limitation of liability
1. Bosch has unlimited liability vis-à-vis the user for any losses arising from intentional or grossly negligent breach of contractual duties on the part of Bosch, as well as in the case of injury to life, body and health. For a slightly negligent breach of obligations whose fulfilment is essential for the proper performance of the agreement and which the customer would usually expect to be complied with (major contractual obligations/cardinal obligations), the liability of Bosch is limited to foreseeable and typically occurring losses. In all other respects, liability for simple negligence is excluded. Any existing liability on the part of Bosch under the German Product Liability Act (Produkthaftungsgesetz) or arising from the provision of guarantees remains unaffected.
2. The aforementioned limitations of liability shall also apply in the event of breach of duty by the legal representatives or vicarious agents of Bosch. Where liability on the part of Bosch is excluded as a result of the aforementioned provisions, this also applies to any personal liability on the part of the employees and agents of Bosch.
§13 Changes to these Terms and Conditions of Use
Robert Bosch reserves the right to make changes to these Terms and Conditions of Use at any time with immediate effect, even within the existing contractual relationships. You will be informed of any changes at least 30 calendar days before the planned date for the entry into force of the changes. If you do not lodge an objection within 30 days from the date of receipt of the communication and you continue to use the service, even after expiry of the objection period, then the changes shall be deemed to be effective from expiry of the deadline. In the event that you lodge an objection, the user relationship will continue under the previous conditions. Robert Bosch reserves the right to terminate the user relationship in accordance with §6 in the event of an objection. The notification of any changes will contain information on your right of objection and the consequences thereof.
§14 Change to services
1. We are at all times entitled to change the services that are provided free-of-charge on eBike Connect, to make available new services free-of-charge and to stop the provision of free-of-charge services.
2. Each notification of change will contain separate information of the consequences of the change and your right to object and/or give notice of termination.
§15 General provisions
1. Detailed information about us as operators of eBike Connect can be found in our Legal Notice Imprint.
2. German law applies to the exclusion of German international private law and the United Nations Convention on Contracts for the International Sale of Goods.
3. If any provision of these Terms and Conditions of Use is or becomes ineffective, the validity of the remaining provisions remains unaffected. In such a case, the parties are obliged to cooperate in the creation of provisions that approach as closely as possible the commercial tenor of the unworkable provision. The above applies to any contractual gaps accordingly.