Terms of Use

Current as at: September 2020


1.    Scope and Provider of Portal

1.1    Robert Bosch Limited, C/O Bosch Rexroth, Viewfield Industrial Estate, Glenrothes, KY6 2RD, UK   (hereinafter called "Bosch", “we”, “us”), provides a platform on which customers (hereinafter “customer”, “their”, “you”, “your”) can access various services and book services which are offered by Bosch (hereinafter called "PRO360"). These Terms of Use ("Terms of Use") shall apply between Bosch and the customer in regard to access to PRO360 and to the use of the services by the customer.
1.2    Detailed information on Bosch as the provider of the PRO360 portal and the services can be found in the Legal Notice.


2.    Scope of these Terms of Use

2.1    Bosch shall provide access to PRO360 solely on the basis of these Terms of Use. Any separate Terms of Use, to which the customer shall be referred each time, shall apply to the utilisation of services offered via PRO360.

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 3-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).

2.3    If the customer is a power tool user, the customer shall give an assurance that the customer is able to enter into contracts (e.g. they are not a minor). If a person enters into these Terms of Use as a representative of a company, e.g. of the company for which the customer works, this person shall give Bosch an assurance that the company is properly organised according to the laws of the country in which it is established or registered and that they have the legal right, permission, resolution or authority to enter into agreements on behalf of the company.

2.4    Any business terms and conditions of the customer or third parties shall not apply to these Terms of Use.

2.5    Legally relevant declarations and notices, which have to be provided to Bosch by the customer once the Terms of Use has been concluded (e.g. setting deadlines, notifications of defects), shall be made in writing in order to be valid (e.g. letter, e-mail).

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").

3.3 An existing Bosch ID shall be required in order to register; if a Bosch ID is not available, the customer shall register for one by entering and specifying the required login data. Upon successful Registration, Bosch.IO GmbH (company registered in District Court Charlottenburg, HRB 148411 B, Germany) shall send the customer an e-mail with a confirmation link to the e-mail address specified by the customer as part of the Registration process. This e-mail will also contain the general terms and conditions and the privacy policy of Bosch.IO GmbH in text format. The terms and conditions shall be stored by Bosch.IO GmbH.

3.4    Once the customer has successfully registered with a Bosch ID, the data required for Registration shall be transferred from the account to the portal. The customer shall provide in the portal other data necessary for Registration, e.g. their current address and/or e-mail address ("Registration Data"), and shall accept these Terms of Use including the terms and conditions for the  3-yearmanufacturer’s warranty. An authorised person (whose name shall be provided to Bosch) may only register a legal entity. Only then shall Registration in the portal be complete. Mandatory data shall be indicated by a *. The terms and conditions shall be stored by Bosch.

3.5    By transferring the Registration Data, the customer shall make Bosch an offer to enter into a user relationship regarding a customer account based on these Terms of Use. After the Registration Data has been sent, Bosch shall check them for completeness and plausibility. Bosch shall accept Registration by sending an e-mail confirmation or activating the customer account. Once the customer account has been activated, the customer shall be entitled to use the PRO360 portal and the services according to these Terms of Use.

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.

3.7    By Registering, the customer authorises Bosch to use the entered data to provide the booked services. In particular, this shall include the transmission of data to third parties as required to fulfil the obligations under  these Terms of Use. Further details can be found in the data protection notice on the PRO360 portal.


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 fulfill 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), we shall be entitled to demand compensation for 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.

Please note: If a chargeable service is booked for a purpose which cannot be considered to either be your commercial activity or your self-employment work, you have a legal right of cancellation as a consumer. Further information on the right of cancellation can be found in the Cancellation Instructions in Section 19 of the Terms of Use.


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

6.1    Bosch grants the customer for the term of these Terms of Use according to Section 13, a simple, non-exclusive, non sub-licensable, revocable and non-transferable right to use the PRO360 portal and the services for their own purposes.

6.2   If Bosch provides new versions, updates, upgrades, modifications or enhancements of the PRO360 portal and the services or makes other related changes during the term of these Terms of Use, the provisions of this Section 6 shall also apply analogously.

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.

6.5    The customer shall have no rights which are not expressly granted to them in accordance with these Terms of Use. In particular, the customer shall not be entitled to use the PRO360 portal and the services over and beyond the scope of use agreed in these Terms of Use or to allow third parties to utilise the PRO360 portal and the services. In particular, the customer shall not be allowed to reproduce or temporarily transfer the PRO360 portal and the services, and especially not to sublicense, rent or lend PRO360 portal and the services.

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 not include VAT at the statutory rate.


10.    Blocking

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.

b)    the customer breaches these Terms of Use;

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 shall be lifted as soon as the customer has rectified the problem which led to the blocking.

10.4    The right of Bosch to block the customer's access to the PRO360 portal and/or the services is supplemental to the right of Bosch to terminate these Terms of Use according to Section 13 or select other legal remedies which are available to Bosch according to applicable law.


11.    Warranty

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.


12.    Liability

12.1    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 .

12.2    Liability for services subject to a charge: The applicable general terms and conditions for the respective service shall apply.

12.3     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.


13.    Term and Termination of these Terms of Use

13.1    The term of these Terms of Use shall commence on the date of Registration and shall end when these Terms of Use are  terminated by Bosch or the customer.

13.2     termination for convenience

a)    The customer may terminate these Terms of Use at any time without specifying a reason and close their customer account for all services. Bosch may provide an account closing mechanism for this purpose.
b)    Bosch may terminate these Terms of Use at any time without specifying a reason by providing a 6 weeks notice, and the date of termination shall then be at the end of the relevant calendar month. The right of Bosch to block a customer account according to Section 10 and to change the PRO360 portal or the services according to Section 17 shall not be affected.

13.3     termination for material breach

a)    The contracting parties' right of termination for material breach without observing a period of notice shall not be affected.

b)    Material breach shall exist if one contracting party materially breaches the obligations expressly defined in these Terms of Use and especially whenever the customers uses the PRO360 portal and/or the services over and beyond the extent in these Terms of Use and does not stop the breach within a reasonable period of time and after receiving a warning from Bosch.

13.4    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

c)    all authorisations and registrations of the customer according to these Terms of Use shall end. Termination of these Terms of Use shall also include termination of all user IDs issued to end customers or employees or the customer on the next possible date.


14. Data Protection

14.1    The contracting parties shall comply with the currently applicable data protection regulations and shall obligate their employees, who are deployed in connection with these Terms of Use and its implementation, to protect data and maintain confidentiality according to valid laws, unless they are already generally obliged to act accordingly.

14.2    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.

14.3    Bosch shall only process personal data of the customer if this is necessary to perform the obligations as set out in these Terms of Use or is legally permitted in another way. The customer shall acknowledge and confirm the collection and processing of the personal data to this extent. Information on processing of personal data can be found in the data protection notice on the PRO360 portal.

14.4    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.  

14.5    The obligations under this Section 14 shall continue as long as personal data of the customer are processed by Bosch, even after the end of the term of these Terms of Use or a subscription.


15.    Confidentiality

15.1    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.

15.2    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.

15.3    The obligations under Section 15.1 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.

15.4    Each contracting party may pass on confidential information to its employees and its affiliated companies if:

a)    this is necessary in order to perform the obligations under these Terms of Use;

b)    confidential information is only passed on to the extent which is essential to perform the obligations under these Terms of Use ("need to know"); and

c)    the recipient of confidential information is obliged to maintain secrecy according to Section 15.5.

15.5    Each contracting party shall give an undertaking to obligate employees, affiliated companies and third parties within the meaning of Section 15.4, who are entitled to receive confidential information, to maintain secrecy according to the provisions of Section 15.1 to Section 15.3, 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 15.1 to Section 15.3.

15.6    The obligations according to Section 15 shall also continue to apply after the end of the  term of these Terms of Use for an indefinite period, i.e. until such time as an exception under Section 15.3 is not proved.


16.    Export Compliance

16.1    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 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, as well as every other affected jurisdiction.

16.2    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.

16.3    This export compliance clause shall continue even after the agreements between Bosch and the customer have ended or were terminated.


17.    Changes

Bosch reserves the right to change at any time these Terms of Use and the ways in which personal data is used as described in the Privacy Notice. Bosch shall inform customer about these changes by e-mail at least one month before they are scheduled to take effect. If customer does not object to these changes within one month after receipt of the notification and continues to utilise the services in PRO360 even after the objection period has expired, the changes shall be deemed to be effective at the end of that period. In the event of objection by customer, the contractual relationship shall continue in accordance with the previous terms and conditions. Bosch is entitled to terminate these Terms of Use without observing a period of notice if customer objects to the changes in these Terms of Use. If necessary, you shall receive a partial refund of the charges. The change notice shall contain information on customer’s rights of objection and the consequences.


18.    Online Dispute Resolution Platform, Dispute Resolution Proceedings, Complaints

18.1    The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to be a point of contact for the out-of-court settlement of disputes concerning the contractual obligations arising from online purchase agreements and online service agreements. The platform can be found at http://ec.europa.eu/consumers/odr/.

18.2    Bosch is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and has decided against voluntary participation in such proceedings.


19.    Right of Cancellation

19.1    If the customer is a consumer, a legal right to cancel the services offered by Bosch shall exist when a distance selling transaction (services bought online) is completed. The preconditions and legal consequences of cancellation are shown in the following Cancellation Instructions. A sample cancellation form can be found in Section 19.2 of these Terms of Use.

Cancellation Instructions

Right of cancellation

You shall have the right to cancel these Terms of Use within 14 days without specifying reasons. The cancellation period shall be 14 days from the date on which the Terms of Use was concluded.
To exercise your right of cancellation, you shall inform us

Robert Bosch Limited
P.O. Box 98,
Uxbridge UB9 5HN
UK

Phone: +44 (0)344 736 0109  
e-mail: boschservicecentre@bosch.com  
about your decision to cancel these Terms of Use by means of a clear statement (e.g. a letter sent by post, a fax or an e-mail). You may use the attached sample cancellation form for this purpose although this is not required.

It shall be sufficient to send notice that you are exercising your right to cancel before the end of the cancellation period in order to meet the cancellation deadline.

Consequences of cancellation

If you cancel these Terms of Use, we shall return to you all payments that we received from you, including the delivery costs (with the exception of additional costs which result from you having selected a method of delivery other than the cost-effective standard delivery offered by us), immediately and no later than within 14 days of the day on which we receive full notification of your cancellation of these Terms of Use. We shall use the same payment method for this refund as you used in the original transaction, unless we expressly agreed an alternative arrangement with you; under no circumstances shall you be charged for this refund.


End of the Cancellation Instructions

19.2    Bosch wishes to inform you about the following regarding the sample cancellation form:

Sample cancellation form

(If you wish to cancel the  agreement, please complete and return the following form to us.)
To
Robert Bosch Limited
P.O. Box 98, Uxbridge UB9 5HN
UK


-    I/We (*) hereby cancel the agreement concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

-    Ordered on (*)/received on (*)

-    Name of the consumer(s)

-    Address of the consumer(s)

-    Signature(s) of the consumer(s) (only when notice is given on paper)

-    Date
__________
(*) delete as applicable.


20.    Definitions

“API” means Application Programming Interface. An API establishes the connection to a service based on a SaaS model. APIs are regarded as services within the meaning of these Terms of Use.

“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.
“Services” mean the functionalities to which the customer gains access via the PRO360 portal under their customer account, e.g. the 3-year manufacturer’s warranty extension , as well as any other information, other products or services which are offered by Bosch based on these Terms of Use.

An “end customer” is a power tool user or legal person who directly or indirectly accesses content of the customer via another customer or uses this content. The term "end customer" does not include power tool users or legal persons who access or use the PRO360 portal and the services under their own customer account. In this case a natural person or a legal person is regarded as a customer within the meaning of these Terms of Use.

“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.


21.    Applicable Law and Place of Jurisdiction

21.1    The contractual relations between the contracting parties shall be subject to the laws of England and Wales or if the customer is a consumer based in Ireland, the laws of Ireland . If the customer is a consumer, this choice of law shall only apply if it does not deprive the customer of the protection provided by the mandatory provisions of the law of the state in which the customer usually resides (favourability principle). Application of the UN Convention on the International Sale of Goods (CISG) shall be excluded.

21.2 If the customer is a consumer, the customer can bring legal proceedings in respect of these Terms of Use in the English courts. If the customer is a consumer and lives in Scotland, the customer can bring legal proceedings in respect of these Terms of Use in either the Scottish or the English courts. If the customer is a consumer and lives in Northern Ireland, the customer can bring legal proceedings in respect of these Term of Use in either the Northern Irish or the English courts. If the customer is a consumer and lives in Republic of Ireland, the customer can bring proceedings in respect of these Terms of Use in the courts of Ireland.

21.3    If the customer is a business customer, the sole place of jurisdiction for all disputes arising from or in connection with these Terms of Use shall be the English courts..


22.    Final Provisions

22.1    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
-    seriously affect the obligations of Bosch under these Terms of Use or make them wholly or partially impossible,
e.g. strikes, blockades, failure of the public power network, breakdowns of the Internet, extraordinary weather conditions, operational or traffic disruptions and transport problems,
shall release Bosch from the obligations under these Terms of Use for the duration of the event.

22.2     The customer shall not be entitled to transfer customer’s obligations from these Terms of Use in whole or part without the prior written consent of Bosch, which may not be unreasonably refused.

22.3    If the practical application of these Terms of Use is or becomes unenforceable , invalid or illegal, , it shall be deleted but that shall not affect the validity and enforceability of the rest of these Terms of Use.. If any provision is deemed deleted under this clause, the parties shall negotiate to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.