Current as at: May 2021
1. Scope and Provider of Portal
1.2 Detailed information on Bosch as the provider of the PRO360 portal and the services can be found in the Legal Notice.
2.2 PRO360 is a digital service which enables the customer to register and manage their power tools or power tools of their own customers including registering for a 6-year manufacturer’s warranty for such tools. If necessary, other services may be made available from time to time via PRO360.
The customer can find details relating to the current scope of the PRO360 portal on the portal itself or via the PRO360 app (if available).
2.6 Bosch shall be entitled to render the services through third parties (including affiliated group enterprises of the provider) as a subcontractor.
3. Customer Account and Notifications
3.1 Registration shall be required in order to access PRO360 and use the services.
3.2 The customer shall send Bosch the requested information in order to open a customer account ("Registration").
3.6 Bosch shall be entitled to send the customer contractual documents with regards to the user relationship stored during Registration in electronic format to the Bosch ID.
4. Booking of Services, Order Process, Storage of the Terms and Conditions
4.1 By registering, the customer entitles Bosch to use the entered data to provide the booked services. In particular, this shall include the transmission of data to third parties in order to fulfil the obligations under the agreement. Further details can be found in the data protection notice on the PRO360 portal. The customer shall be responsible for all actions carried out under their customer account. If certain data (especially contact and payment data) have to be provided (marked each time by *), the customer shall enter all of them correctly. If any of such data changes during the user relationship, the customer shall immediately amend the data in the PRO360 portal . If Bosch incurs any costs as a result of incorrect information (e.g. with false entries due to incorrect account information), Bosch shall be entitled to demand reimbursement of these costs.
4.2 The customer may make use of the free services and services subject to a charge in the PRO360 portal. If a charge is made for using a service (including downloading content), the customer shall be informed about the incurred costs, the payment and delivery conditions, the run times, any existing termination periods and other relevant details before opening access to the respective service online. The customer will then be able to send the booking by clicking the mouse on the order button. On receipt of the booking, the customer will be sent an e-mail in which receipt of the booking is confirmed and the details of the booking are shown once again.
4.3 Provision of a service in the PRO360 portal shall not represent a binding offer from Bosch. A binding offer by the customer shall only take place when the service is booked. The contractual relationship shall become effective when the customer receives a confirmation e-mail from Bosch showing acceptance of the particular offer. Use of services, which are chargeable, may be subject to other terms and conditions. Such terms shall be provided by Bosch to the customer during the order process.
4.4 The terms and conditions shall be stored by Bosch. The customer may print out the terms and conditions using their browser's print function or store it electronically prior to confirmation of the booking. The language of the terms and conditions shall be English.
5. Cooperation Obligations of the Customer
5.1 The customer shall personally perform all the acts of cooperation necessary to conduct the contractual relationship. In particular, the customer shall have the following obligations:
a) To change all passwords sent to him by Bosch immediately into passwords known only to the customer, maintain confidentiality regarding the utilisation and access authorisations assigned to him, to protect them against access by third parties and not to pass them on to unauthorised users. The customer shall inform Bosch immediately if it is suspected that the access data and/or passwords could become known to unauthorised persons;
b) To immediately correct the information in the customer account if the stipulated data changes after Registration;
c) To check, prior to use of the services, whether the services satisfy the customer's requirements relating to capacity, reliability and security; and
d) To only register tools which are owned by the customer or, if they are owned by third parties rather than the customer, to only register these tools if the customer was effectively authorised to do so by third parties.
5.2 The customer is not entitled :
a) to gain access to non-public areas of the PRO360 portal and/or the services or the underlying technical systems;
b) to use robots, spiders, scrapers or other comparable tools for data collection or extraction, programs, algorithms or methods for searching, accessing, acquiring, copying or checking the PRO360 portal and/or the services outside the documented API endpoints;
c) to knowingly transmit customer data containing viruses or worms, Trojan horses or other infected or harmful constituent parts, or otherwise intervene in the proper functioning of the PRO360 portal and/or the services;
d) to decipher, decompile, disassemble, reconstruct or otherwise attempt to find out the source code, any software or used proprietary algorithms where this is not permitted on the basis of compelling mandatory requirements;
e) to test, scan or examine the vulnerability of the PRO360 portal and/or the services, and/or to infringe, impair or circumvent the security measures or authentication measures for the PRO360 portal and/or the services;
f) to frame or mirror the PRO360 portal and/or the services; or
g) to deliberately use devices, software or routines which have a disruptive effect on the applications, functions or usability of the PRO360 portal and/or the services, or to intentionally destroy other data, systems and communication, to generate excessive load, or to harmfully intervene in or fraudulently intercept or inherit the like.
5.3 The customer shall be responsible for ensuring that their access to the PRO360 portal and use of the services comply with each applicable law, including copyright laws or trademark laws, cartel and competition laws, export control laws, data protection laws or other laws in the applicable legal system, and that their access to the PRO360 portal and use of the services do not contravene any agreement which the customer has signed with a third party.
6. Rights of Use and Scope of Use
6.3 The customer shall only be allowed to download and print out content if this is available as a function in the PRO360 portal (e.g. by means of a download button).
6.4 The customer shall receive a permanent and non-exclusive right to use the content, which the customer downloaded and/or printed out, for their own purposes. If this involves content which is handed over to the customer in return for a charge, another condition for the granting of this right shall be the full payment for the respective content.
6.6 If the customer infringes the provisions of Section 6, Bosch may, after notifying the customer in writing in advance, block the customer's access to the PRO360 portal and the services according to Section 10 if the infringement can thereby be stopped. If, in spite of a relevant written warning from Bosch, the customer continues to infringe or repeatedly infringes the provisions of Section 6, Bosch shall be entitled to terminate this contractual relationship for material breach without observing a period of notice, except where the customer is not responsible for these infringements.
7. Intellectual Property | Third-Party Content
7.1 Bosch or its licensors shall enjoy all rights, titles and claims to all copyright, trademark rights, patent rights and other intellectual property rights or other rights to the services, as well as to all improvements, the design or derived works which were conceived or produced by Bosch or its licensors in or on the PRO360 portal or the services.
7.2 It shall not be permitted to remove reference and notes in the PRO360 portal or in the services if they relate to confidentiality, copyright, trademark rights, patent rights and other intellectual property rights.
7.3 Some of the content available on the PRO360 portal or in the services comes from Bosch and some from other third parties. Content from other customers and other third parties shall hereinafter be referred to jointly as "Third-Party Content".
Bosch does not check the completeness, accuracy and legality of Third-Party Content. Bosch therefore does not accept any responsibility or warranty for the completeness, accuracy, legality and topicality of such Third-Party Content. This provision shall also apply to the quality of Third-Party Content and its suitability for a specific purpose.
8. Transmission of Content by the Customer
8.1 If available as a function on the PRO360 portal, the customer may transfer content to the PRO360 portal by complying with the following regulations.
8.2 By transferring content, the customer shall grant Bosch each time a non-exclusive, free and transferable right unrestricted in terms of time, place and content to use the transferred content online and offline for the purposes of providing the PRO360 portal and supplying the services. In particular, this shall include the right to reproduce and process content. This information shall only be transferred to third parties if you personally organised this or you expressly approved it.
8.3 If Bosch expressly offers the customer the opportunity to remove transferred content again from the PRO360 portal, the right of use and exploitation granted above shall expire when the content is deleted. However, Bosch shall still be entitled to retain copies produced for back-up purposes and/or documentation purposes. The rights to data transferred to third parties shall also remain unaffected.
8.4 The customer shall be fully responsible for content which the customer transfers to Bosch. Bosch shall not check the completeness, accuracy, legality, topicality and quality of the content, or its suitability for a specific purpose.
8.5 The customer shall give an assurance that the customer is the sole owner of all rights to the content which is transferred to Bosch or is entitled in another way (e.g. through effective authorisation by the rights owner) to place the content on the PRO360 portal and grant utilisation and exploitation rights as described above. This shall apply, in particular, to third-party copyright, trademark rights or patent rights, as well as to commercial and/or competitive ancillary rights and personal rights. The customer shall also give an undertaking not to place content which infringes applicable law.
9. Prices, Payment
9.1 Registration for the PRO360 portal shall be free of charge for the customer.
9.2 The prices shown each time shall apply to use of the services offered by Bosch via the PRO360 portal in return for payment. All prices shall be final prices and shall include GST at the statutory rate.
10.1 Bosch may block the customer's access to the PRO360 portal and/or the services if Bosch discovers that:
a) use of the PRO360 portal and/or use of the services:
• represent a security risk to the PRO360 portal and/or the services and/or a third party;
• adversely affect the PRO360 portal and/or the services or the systems or content of other customers;
• infringe applicable law or third-party rights;
• could render Bosch, its affiliated companies or third parties liable for compensation, or
• are fraudulent.
c) the customer is more than 30 days in default with their payment obligations for a service subject to a charge; or
d) the customer has stopped their normal business operations, has assigned their assets to a creditor or disposed of their assets in a similar way, or the customer's company has become the subject of bankruptcy proceedings, restructuring proceedings, liquidation proceedings, winding-up proceedings or similar proceedings.
10.2 Bosch shall inform the customer about blocking by sending a message to the e-mail address associated with the customer account before blocking takes place, unless Bosch has to act immediately on account of urgency and is unable to send a message beforehand.
10.3 Blocking may be lifted once the customer has rectified the problem which led to the blocking, at Bosch’s option.
11. Warranty and Liability
Subject to the above, and to the maximum extent permitted by law:
11.1 Warranty for free services:
If the PRO360 portal and the services are provided free of charge, Bosch does not warrant that the PRO360 portal and the free services satisfy the customer's requirements and that the PRO360 portal and the free services will be available without interruption and/or are free of faults. Bosch shall not carry out any maintenance in regard to the PRO360 portal and the services offered free of charge. In these cases Bosch shall not be obliged to ensure that access to the PRO360 portal and use of the services are not impaired by downtimes, maintenance activities, further developments, updates and upgrades or faults. Bosch shall make suitable efforts to ensure that the PRO360 portal and the services are as user-friendly as possible. However, technical faults (e.g. interruption in the power supply, hardware and software problems, technical problems on the data lines) may also lead to temporary restrictions or interruptions.
11.2 Warranty for services subject to a charge: The applicable general terms and conditions for the respective service shall apply.
11.3 Liability for free services:
If services are provided free of charge, Bosch shall assume no liability for damage resulting from the use of the service, except in cases of malice, gross negligence or intentional misconduct. Nothing hereby excludes any liability for damage according to the product liability laws and regulations or any other mandatory laws and regulations which cannot be excluded by law .
11.4 Liability for services subject to a charge: The applicable general terms and conditions for the respective service shall apply.
11.5 The aforementioned liability restrictions shall also apply in the event of fault on the part of a vicarious agent of Bosch and to the personal liability of the associates/employees, representatives of Bosch.
12.2 Termination for convenience
12.3 Termination for material breach
a) The contracting parties' right of termination for material breach without observing a period of notice shall not be affected.
12.4 Consequences of termination
With effect from the date of termination:
a) the customer shall no longer be able to access the PRO360 portal and the services;
b) the customer shall still be responsible for paying all fees and expenses incurred up to the date of termination, including the costs which will be incurred in respect of the tasks to be performed by Bosch after termination and for which the customer shall be responsible; and
13. Data Protection
13.2 If the customer processes personal data, the customer shall give an assurance that the customer is authorised to do so according to applicable laws and regulations, and that the customer has obtained all required approvals, authorisations and necessary permits or has effectively concluded agreements with third parties in order to enable Bosch to fulfil these tasks, including access to and processing of personal and other private data of all data subjects and/or third parties (e.g. end customers of the customer or employees of the customer), which may be subject to special protection according to applicable law.
13.4 If Bosch acts as a data processor on behalf of the customer, this shall entail processing on behalf of a client. These data processing activities shall be carried out in accordance with the necessary data processing agreement ("Data Processing Agreement") which shall be provided by Bosch within the framework of the respective processes and shall be concluded in writing by the contracting parties prior to use of the services if this is required under applicable law.
14.1 The contracting parties shall maintain secrecy regarding all confidential information which becomes known to them during this contractual relationship and shall only use this information in regard to third parties with the prior written consent of the respective other contracting party – irrespective of the purpose. Confidential information shall be regarded as information, which is expressly designated as confidential by the party providing the information, and information which by its nature can be considered confidential.
14.2 If an authority requests confidential information of the other party from a party, the other contracting party shall be informed immediately about the transmission of the confidential information to the authority.
14.3 The obligations under Section 14.1 shall not apply to information or parts thereof where the receiving contracting party proves that it:
a) was known to this contracting party prior to the date of receipt or was generally accessible, or becomes legally known after the date of receipt from a third party and without any obligation to maintain confidentiality;
b) was known to the general public prior to the date of receipt or was generally accessible; or
c) was known to the general public after the date of receipt or was generally accessible without the contracting party receiving the information being responsible in this respect.
14.4 Each contracting party may pass on confidential information to its employees and its affiliated companies if:
c) the recipient of confidential information is obliged to maintain secrecy according to Section 14.5.
14.5 Each contracting party shall give an undertaking to obligate employees, affiliated companies and third parties within the meaning of Section 14.4, who are entitled to receive confidential information, to maintain secrecy according to the provisions of Section 14.1 to Section 14.3, unless they are already obliged to maintain secrecy in another way due to contractual or legal regulations to an extent which is at least equivalent to the level of protection shown in Section 14.1 to Section 14.3.
15. Export Compliance
15.1 The use of services, access to the PRO360 portal, booking of services and the transfer of content shall be subject, if necessary, to national and international export and re-export control laws and sanction regulations. The customer shall be obliged to comply with all applicable export and re-export control laws and sanction regulations of Australia, New Zealand, England and Wales, Ireland, the European Union, the United States of America and the United Nations, as well as every other affected jurisdiction.
15.2 The customer shall acknowledge that the PRO360 portal is designed in such a way that it can be accessed irrespective of the geographical location of the user. The customer may not grant access to the PRO360 portal - either directly or indirectly - at a place of destination to an institution or a person who is sanctioned according to the laws and regulations of the England and Wales (or if the customer is based in Ireland, the laws and regulations of Ireland) , the European Union, the United States of America and the United Nations or every other affected jurisdiction.
15.3 This export compliance clause shall continue even after the agreements between Bosch and the customer have ended or were terminated.
“Bosch ID” means the user ID of the single sign-on authentication service of Bosch.IO GmbH, which allows the use of different independent services of the Bosch Group for which the customer's e-mail address from any e-mail provider is required.
“PRO360” portal means the platform under www.pro360.com .
“Booking” means the contractual relationship between the customer and Bosch in regard to the booking of a service via the PRO360 portal.
“Content” means software (including machine images, source code), software functions, APIs, data, texts, audio, videos, photos, documentation, software libraries, sample code, command line commands, drafts and any other technology.
“customer” is the owner of a customer account.
“Customer account” means authorisation to access the PRO360 portal and the services.
“Access data” are used to control access to a customer account and comprise a user ID and a password which are known only to the customer.
20. Applicable Law and Place of Jurisdiction
This contract shall be deemed to have been entered into in the State of Victoria, Australia and shall be construed, enforced and performed in accordance with the laws of that State. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria. Application of the UN Convention on the International Sale of Goods (CISG) and other conventions relating to the laws applicable to the sale of goods do not apply to the contract.
21. Final Provisions
21.1 Problems which were caused by force majeure or other unavoidable events, which
- are beyond the control of Bosch,
- could not be avoided with reasonable expense,
- could not be foreseen even with suitable care and which