for the TÜV SÜD Portal & Store
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.
§ 1 Registration and guest orders
§ 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.
§ 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.
§ 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.
§ 6 Liability
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.
6.5 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
§ 8 Blocking
§ 9 Termination
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.
§ 12 Severability
§ 13 Choice of law
§ 14 Jurisdiction; place of performance; out-of-court dispute resolution
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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