General Terms of Use
for the TÜV SÜD Portal & Store  

Status: 01.09.2020

 

TÜV SÜD Digital Service GmbH, Westendstr. 199, 80686 Munich (“TÜV SÜD DS”), operates a TÜV SÜD Store (www.tuvsud.com/xx-yy/store, whereas “xx” is place-holder for language code e.g. “en” and “yy” is placeholder for country code e.g. “us”) and a TÜV SÜD Portal (https://myportal.tuvsud.com). TÜV SÜD Store and TÜV SÜD Portal are described jointly as the “TÜV SÜD DS Platforms”.

Via the TÜV SÜD Store, various companies of the TÜV SÜD Group (“TÜV SÜD Companies”) can offer consumers and business partners (“users”) their own goods or services for purchase. Additionally, via the TÜV SÜD Portal, the TÜV SÜD Com-panies can give users access to the portals operated by them.

In the TÜV SÜD Store users can search for goods and services of the TÜV SÜD Companies and enter into contracts with the respective TÜV SÜD Company for the selected goods and services. Via the TÜV SÜD Portal users can get access to the individual portals of the TÜV SÜD Companies.

The following General Terms of Use (“Terms of Use”) govern the use of the TÜV SÜD DS Platforms by the users.

§ 1 Registration and guest orders

1.1 Users can use services of the TÜV SÜD Store either by registering for a free user account or by way of placing an order as a guest. The TÜV SÜD Portal can be used only by users who register for a free user account. Both the regis-tration and guest order re quire the user’s consent to these Terms of Use. The contractual language is English.

1.2 The registration process to set up a free user account is initiated by the user. By completing and sending the registration application the user submits a bind-ing offer for setting up a free user account (registration application). The user will complete all mandatory data fields of the registration application in full, truthfully and by accepting the validity of these Terms of Use. Before sending the registration application, the Terms of Use may be printed out by the user or saved on a permanent data storage device. TÜV SÜD DS will confirm the regis-tration to the user by email to the email address given by the user. TÜV SÜD DS is at liberty to accept or reject a user’s registration application.

1.3 Even if the user has not completed and sent a registration application but does submit a guest order, then the user accepts these Terms of Use and accepts the offer to use the TÜV SÜD Store upon placing the guest order. Before sub-

mitting a guest order, these Terms of Use may be printed out by the user or saved on a permanent data storage device. TÜV SÜD DS confirms to the user the receipt of its guest order including the closure of this contract.

§ 2 TÜV SÜD Store

2.1 The provider of the goods and services offered via the Platform and thus the contract partner of the user is always the party designated as the provider in the TÜV SÜD Store, i.e. the corresponding TÜV SÜD Company.

2.2 In the context of the exchange of declarations between the user and the re-spective TÜV SÜD Company, TÜV SÜD DS always acts only as an intermedi-ary. TÜV SÜD DS will forward the corresponding declaration by automated means to the contact details provided by both, the user and the respective TÜV SÜD Company.

2.3 TÜV SÜD DS is not responsible or liable for the content and information pro-vided by the TÜV SÜD Companies in the TÜV SÜD Store or for the goods or services offered by them or for their actions. Solely the relevant TÜV SÜD Company is responsible for the content and information provided regarding the goods and services offered by that TÜV SÜD Company and for performing the contracts entered into with the user, especially for providing services, invoicing and warranty for defects, refunds and returns. The contract with a TÜV SÜD Company is governed solely by the general terms and conditions of business and privacy policies of the relevant TÜV SÜD Company as specified at the time of contract closure.

2.4 TÜV SÜD DS may receive remuneration from the relevant TÜV SÜD Company as consideration for the possibility of offering and selling its own services via the platform. This remuneration can be agreed between TÜV SÜD DS and the relevant TÜV SÜD Company in such a way that TÜV SÜD DS benefits from higher proceeds for the services sold to users, and it can be stipulated that TÜV SÜD DS – within the scope of what is legally admissible – can or must en-able the TÜV SÜD Company to achieve the maximum proceeds possible. The user accepts this by consenting to these Terms of Use. If in such cases the service provided qualifies as an intermediation service, TÜV SÜD DS is also not required to surrender to the user any additional proceeds arising. These may be retained by TÜV SÜD DS.

§ 3 TÜV SÜD-Portal

3.1 TÜV SÜD DS will enable users to have access to linked portals of TÜV SÜD Companies via the TÜV SÜD Portal. The relevant TÜV SÜD Companies are the sole operators of those portals.

3.2 TÜV SÜD DS has no influence on the content of the linked portals. Only each relevant TÜV SÜD Company as the operator of the portal is responsible for the content of the relevant linked portal.

§ 4 Provision of the TÜV SÜD Platforms

4.1 TÜV SÜD DS will use economically reasonable efforts to provide the user with the TÜV SÜD DS Platforms free of errors and interruptions to ensure the transmission of declarations and other data from and to the user in the context of its use of the TÜV SÜD DS Platforms. Subject to a separate agreement with the user, TÜV SÜD DS is not required to guarantee particular features of TÜV SÜD DS Platforms or other requirements, especially regarding availability of the TÜV SÜD DS Platforms.

4.2 TÜV SÜD DS operates the TÜV SÜD DS Platforms as standard services for many users and therefore provides those services to the user in the version in which they are generally made available in each case. If an amendment to the TÜV SÜD DS Platforms or other services requires an amendment of these Terms of Use, §11 shall apply.

4.3 TÜV SÜD DS is entitled to use its affiliated companies and any other compa-nies as subcontractors in providing services from or in connection with the op-eration of the TÜV SÜD DS Platforms and these Terms of Use.

§ 5 Use of the TÜV SÜD DS Platforms by the user

5.1 If, after registration, TÜV SÜD DS grants the user access to the TÜV SÜD DS Platforms via a user account using login data, the user will always keep its log-in data confidential and will inform TÜV SÜD DS without undue delay after be-coming aware of any unauthorized access

5.2 The user will avoid all measures that could jeopardize the security and stability of the TÜV SÜD DS Platforms or systems of TÜV SÜD DSand their respective suppliers, affiliates, licensors, and subcontractors. . In particular, the user will

not retrieve information or data without authorization. The user will not inter-vene in the software of the TÜV SÜD DS Platforms, penetrate data networks of TÜV SÜD DS and not transmit any viruses, trojans or other malware.

5.3 The user acknowledges that all trademark and other labelling rights, other intel-lectual property rights and copyrights to the TÜV SÜD DS Platforms and their content and information which TÜV SÜD DS provides on the TÜV SÜD DS Platforms in connection with its own offer of services, belong in full to TÜV SÜD DS, its subcontractors and licensors.

5.4 The user warrants that when using the TÜV SÜD DS Platforms and other ser-vices provided to the user in this context it observes all applicable law including in particular trademark, copyright and data privacy law. The user is in particular forbidden from using the TÜV SÜD DS Platforms for purposes other than those named in these Terms of Use, especially for criminal acts against TÜV SÜD DS or the TÜV SÜD Companies.

5.5 The user also warrants to inform third parties (e.g. participants in training courses booked by the user or a different named invoice recipient other than the user), whose data it provided on the TÜV SÜD DS Platforms, about the methods of data processing by TÜV SÜD DS. In doing so the user must refer the third party in particular to the section “Rights related to the processing of personal data” of the privacy policy for the TÜV SÜD DS Platforms (available at [Link]) and to the specific purpose of entering personal data of this third party in the TÜV SÜD Store and/or TÜV SÜD Portal. In addition, the user guarantees that third-party personal data will only be given on the TÜV SÜD DS platforms, if the relevant authorization exists at the time of data entry. The duty to provide information according to Art. 14 GDPR is transferred to the user.

§ 6 Liability

6.1 For and in connection with the use of the TÜV SÜD DS Platforms and any other services provided to the user in this context, TÜV SÜD DS is not liable for sim-ple negligence unless there is a breach of contractual obligations. The fulfil-ment of the contractual obligations facilitates the proper performance of the contract in the first place and on the observance of which the user regularly re-lies and may rely. In this case, the liability of TÜV SÜD DS is limited to the damage foreseeable and typical for the contract when these Terms of Use were agreed.

6.2 Any and all claims for damages against TÜV SÜD DS which arise under or in connection with these Terms of Use become statute-barred at the latest 1 (one) year after the relevant claim arises.

6.3 The limitations of liability under clauses 6.1 and 6.2 do not apply (i) if the liabil-ity cannot be limited or excluded in accordance with applicable law, in particular in accordance with the German Product Liability Act, (ii) in the event of wilful in-tent or gross negligence, (iii) in the event of damage to health, life and limb, (iv) in the case of malice, and (v) in the event of non-compliance with any agreed guarantee.

6.4 None of the obligations of TÜV SÜD DS under these Terms of Use establishes any warranted quality or other guarantee. TÜV SÜD DS excludes any strict lia-bility for defects already existing when these Terms of Use are concluded.

6.5 All exclusions and limitations of liability under clauses 6 also apply in favor of affiliated companies, managing board members, managing directors, employ-ees, authorized representatives, sub-suppliers, subcontractors and other agents of TÜV SÜD DS.

§ 7 Indemnification

7.1 The user indemnifies TÜV SÜD DS and companies and subcontractors affiliat-ed with TÜV SÜD DS against any and all claims, damage and costs (including litigation costs, legal fees, and costs for experts) that are asserted or arise un-der or in connection with a breach of the Terms of Use by the user. 7.2 The user’s indemnification obligation in accordance with clause 7.1 does not apply if the user is not responsible for the relevant claims, damage or costs arising.

§ 8 Blocking

TÜV SÜD DS is entitled without prior notice to fully or partly block the user’s option of using the TÜV SÜD DS Platform insofar as this is necessary to ensure a proper situation. This particularly may be the case if facts indicate that the user has violated these Terms of Use or such a blocking is necessary due to legal requirements.

§ 9 Termination

9.1 Use of the TÜV SÜD DS Platforms based on the Terms of Use can be termi-nated by the user at any time and by TÜV SÜD DS with three (3) months’ no-tice as of the end of a month. The operators of each of the linked portals on the TÜV SÜD Portal may provide for different notice periods in the terms of use of their portals.

9.2 The right to terminate without notice for good cause remains unaffected.

9.3 Notice of termination is to be given in text form (email or fax in particular).

§ 10 Electronic communication

10.1 Declarations by TÜV SÜD DS are deemed to be delivered to the user upon re-ceipt of the corresponding email in the email inbox specified by the user.

10.2 Declarations by the user are deemed to be delivered to TÜV SÜD DS upon re-ceipt in the systems provided by TÜV SÜD DS for electronic communication.

§ 11 Changes to these Terms of Use

11.1 TÜV SÜD DS is entitled to change these Terms of Use at any time. Changes can be made in order to adapt to applicable law or to implement changes to the contractually agreed services. TÜV SÜD DS will inform the user in writing or in text form about amended Terms of Use with notice of at least thirty (30) days before these take effect. The amended Terms of Use will take effect if the user does not object to these in text form within the aforementioned period. If the user objects in due time to the change to these Terms of Use, TÜV SÜD DS is entitled to terminate the use of the Platform based on the Terms of Use at the earliest with effect on the announced date on which the change to these Terms of Use will take effect. Any other termination rights remain unaffected. Together with its notice of the change, TÜV SÜD DS will inform the user explicitly of the user’s right to object to the changes and the consequences associated with this.

11.2 Changes and additions to these Terms of Use otherwise must be made in text form. This also applies to any change to this clause requiring text form.

§ 12 Severability

Should one or several provisions of these Terms of Use be or become invalid or un-enforceable, this will not affect the remaining provisions of these Terms of Use. The invalid or unenforceable provision shall be replaced by the statutory provisions, if any.

§ 13 Choice of law

The Terms of Use and the business relationship between TÜV SÜD DS and the user arising in connection with the use of the TÜV SÜD DS Platforms and other services provided to the user in this context are governed exclusively by the law of the Feder-al Republic of Germany subject to the exclusion of German conflict of laws regula-tions and all international and supranational (contractual) legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, especially those of the State in which the User as a consumer has its habitual residence, remain unaffected. In particular, the following applies based on Article 6 para. 2 of Regulation (EC) No 593/2008 (Rome I Regulation) in its geographical scope of application: insofar as the law of the State in which the user is habitually resident at the time of entering into the contract (“law of the place of residence”) contains provisions for its protection which cannot be deviated from by agreement under the law of the place of residence, the (more favorable) provisions of the law of the place of residence shall apply for the user. Despite the choice of law according to the first sentence, the User thus enjoys the protection of the mandatory provisions of the law of the place of residence.

§ 14 Jurisdiction; place of performance; out-of-court dispute resolution

14.1 If the user is a merchant, a legal entity governed by public law or a special fund governed by public law, the exclusive place of jurisdiction shall be Munich, Germany for all disputes arising from or based on the Terms of Use and/or aris-ing with regard to the validity of the Terms of Use.

14.2 If the user is a merchant, a legal entity governed by public law or a special fund governed by public law, the place of performance shall be Munich, Germany for all services arising from or in connection with the Terms of Use.

14.3 The EU Commission provides a platform for online dispute resolution via the following link: https://ec.europa.eu/consumers/odr/. TÜV SÜD DS does not par-ticipate in dispute resolution proceedings before a consumer arbitration body. 

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