Terms of Use
Status: 03.03.2008
1. Scope
1.1 Any use of this web site provided by Continental Automotive
Trading UK Ltd and/or its affiliates , "Continental Automotive GmbH*" Web
Site, is subject to these Terms of Use. These Terms of Use may be amended,
modified or replaced by other terms and conditions, e.g. for the purchase of
products and services. With log-in, or where a log-in is not required, in
accessing or using the Continental Automotive AG* Web Site these Terms of Use
are accepted in their then current version.
1.2 If the User uses this Continental Automotive UK Trading
Ltd website as business customer, i.e. that it is not acting for purposes
which are outside its trade, business or profession, or as administration
customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not
apply.
2. Services
2.1 This Continental Automotive UK Trading Ltd website
contains specific information and software, as well as - as the case may be -
related documentation, for viewing or downloading.
2.2 Continental Automotive UK Trading Ltd may stop the operation of
the Continental Automotive Trading UK Ltd website in full or in part
at any time. Due to the nature of the internet and computer systems, Continental
Automotive Trading UK Ltd cannot accept any liability for the continuous
availability of the Continental Automotive Trading UK
Ltd website.
3. Registration, Password
3.1 Some pages of the Continental Automotive Trading UK Ltd website
may be password protected. In the interest of safety and security of the
business transactions, only registered Users may access said
pages. Continental Automotive Trading UK Ltd reserves the right to
deny registration to any User. Continental Automotive Trading UK
Ltd particularly reserves the right to determine certain sites, which were
previously freely accessible, subject to registration. Continental
Automotive Trading UK Ltd is entitled, at any time and without obligation
to give reasons, to deny the User the right to access the password-protected
area by blocking its User Data (as defined below), in particular if the User
- uses false data for the purpose of registration;
- olates these Terms of Use or neglects its duty of care with regard to User
Data;
- olates any applicable laws in the access to or use of the Continental
Automotive Trading UK Ltd website ; or
- did not use the Continental Automotive Trading UK Ltd website
for a longer period.
3.2 For registration the User shall give accurate information and, where such
information changes over time, up-date such information (to the extent possible:
online) without undue delay. The User shall ensure, that its e-mail address, as
supplied to Continental Automotive Trading UK Ltd is current at all times and an
address at which the User can be contacted.
3.3 Upon registration the User will be provided with an access code,
comprising a User ID and a password ("User Data"). On first access the User
shall promptly change the password received from Continental Automotive Trading
UK Ltd into a password known only to the User. The User Data allows the User to
view or change its data or, as applicable, to withdraw its consent to data
processing.
3.4 The User shall ensure that User Data is not accessible by third parties
and is liable for all transactions and other activities carried out under its
User Data. At the end of each online session, the User shall log-off from the
password protected websites. If and to the extent the User becomes aware that
third parties are misusing its User Data the User shall notify Continental
Automotive Trading UK Ltd thereof without undue delay in writing, or, as
the case may be, by e-mail.
3.5 After receipt of the notice under paragraph 3.4, Continental
Automotive Trading UK Ltd will deny access to the password-protected area
under such User Data. Access by the User will only be possible again upon the
User's application to Continental Automotive Trading UK Ltd or upon new
registration.
3.6 The User may at any time request termination of its registration in
writing, provided that the deletion will not violate the proper performance of
contractual relationships. In such event Continental Automotive Trading UK
Ltd will remove all user data and other stored personally identifiable data
of the User as soon as these data is no longer needed.
4. Rights of Use to Information, Software and Documentation
4.1 The use of any information, software and documentation made available on
or via this Continental Automotive Trading UK Ltd website is subject to
these Terms of Use or, in case of updating information, software or
documentation, subject to the applicable license terms previously agreed to with
Continental Automotive Trading UK Ltd. Separately agreed to license terms shall
prevail over these Terms of Use.
4.2 Continental Automotive Trading UK Ltd grants User a non-exclusive and
non-transferable license, which may not be sublicensed, to use the information,
software and documentation made available to the User on or via the Continental
Automotive Trading UK Ltd website to the extent agreed, or in the event of
no such agreement to the extent of the purpose intended by Continental
Automotive Trading UK Ltd in making same available.
4.3 Software shall be made available at no expense in object code. There
shall be no right for the source code to be made available. This shall not apply
to source code related to open source software, which license conditions take
priority over these Terms of Use in the case of transfer of open source software
and which conditions require the making available of the source code. In such
case Continental Automotive Trading UK Ltd shall make the source code
available in return for the payment of costs.
4.4 Information, software and documentation may not be distributed by the
User to any third party at any time nor may it be rented or in any other way
made available. Unless such is allowed by mandatory law, the User shall not
modify the software or documentation nor shall it disassemble, reverse engineer
or decompile the soft-ware or separate any part thereof. The User may make one
backup copy of the software where necessary to secure further use in accordance
with these Terms of Use.
4.5 The information, software and documentation are protected by copyright
laws as well as international copyright treaties as well as other laws and
conventions related to intellectual property. The User shall observe such laws
and in particular shall not modify, conceal or remove any alphanumeric code,
marks or copyright notices neither from the information nor from the software or
documentation, or any copies thereof.
4.6 §§ 69a et seq. of the German Copyright Law shall not be affected
hereby.
5. Intellectual Property
5.1 Notwithstanding the particular provisions in § 4 of these Terms of Use,
information, brand names and other contents of the Continental Automotive
Trading UK Ltd website may not be changed, copied, reproduced, sold, rented,
used, supple-mented or otherwise used in any other way without the prior written
permission of Continental Automotive Trading UK Ltd:
5.2 Except for the rights of use and other rights expressly granted herein,
no other rights are granted to the User nor shall any obligation be implied
requiring the grant of further rights. Any and all patent rights and licenses
are expressly excluded.
6. Duties of the User
6.1 In accessing or using the Continental Automotive Trading UK
Ltd website the User shall not
- harm other persons, in particular minors, or infringe their personal
rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary
right;
- upload any contents containing a virus, so-called Trojan Horse, or any
other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not
entitled, in particular in cases where such hyperlinks or contents are in
breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or
inaccurate warnings of viruses, defects or similar material and the User shall
not solicit or request the participation in any lottery, snowball system,
chain letter, pyramid game or similar activity.
6.2 Continental Automotive Trading UK Ltd may deny access to the Continental
Automotive Trading UK Ltd website at any time, in particular if the User
breaches any obligation arising from these Terms of Use.
7. Hyperlinks
The Continental Automotive Trading UK Ltd website may contain hyperlinks
to the web pages of third parties. Continental Automotive Trading UK
Ltd shall have no liability for the contents of such web pages and does not
make representations about or endorse such web pages or their contents as its
own, as Continental Automotive Trading UK Ltd does not control the
information on such web pages and is not responsible for the contents and
information given thereon. The use of such web pages shall be at the sole risk
of the User.
8. Liability for defects of title or quality
8.1 Insofar as any information, software or documentation is made available
at no cost, any liability for defects as to quality or title of the information,
software and documentation especially in relation to the correctness or absence
of defects or the absence of claims or third party rights or in relation to
completeness and/or fitness for purpose are excluded except for cases involving
willful misconduct or fraud.
8.2 The information on the Continental Automotive Trading UK Ltd website
may contain specifications or general descriptions related to the technical
possibilities of individual products which may not be available in certain cases
(e.g. due to product changes). The required performance of the product shall
therefore be mutually agreed in each case at the time of
purchase.
9. Other Liability, Viruses
9.1 The liability of Continental Automotive Trading UK Ltd for
defects in relation to quality and title shall be determined in accordance with
the provisions of § 8 of these Terms of Use. Any further liability of
Continental Automotive Trading UK Ltd is excluded unless required by law, e.g.
under the Act on Product Liability or in cases of willful misconduct, gross
negligence, personal injury or death, failure to meet guaranteed
characteristics, fraudulent concealment of a defect or in case of breach of
fundamental contractual obligations. The damages in case of breach of
fundamental contractual obligations is limited to the contract-typical,
foreseeable damage if there is no willful misconduct or gross
negligence.
9.2 Although Continental Automotive Trading UK Ltd makes every
endeavor to keep the Continental Automotive Trading UK
Ltd website free from viruses, Continental Automotive Trading UK Ltd cannot
make any guarantee that it is virus-free. The User shall, for its own
protection, take the necessary steps to ensure appropriate security measures and
shall utilize a virus scanner before downloading any information, software or
documentation.
9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof
to the User's disadvantage.
10. Export Controls
10.1 The export of certain information, software and documentation may, e.g.
due to its nature or intended use or final destination, be subject to
authorization. The User shall strictly conform with the export regulations for
in-formation, software and documentation, in particular with those of the EU as
well as the individual EU member states and the USA. Continental
Automotive Trading UK Ltd shall label information, software and documentation in
relation to German and EU export control lists and U.S. Commerce Control
List.
10.2 The User shall particularly check and verify that
- the information, software and documentation shall not be used for any
purpose related to armaments, nuclear technology or weapons;
- no undertaking or person listed in the U.S. Denied Persons List (DPL)
shall receive commodities, soft-ware or technology of U.S. origin;
- no undertaking or person named in the U.S. Warning List, U.S. Entity List
or U.S. Specially Designated National List shall receive items of U.S. origin
without a license; and
- no undertaking or person named in the Specially Designated Terrorists
List, Foreign Terrorist Organiza-tions List, Specially Designated Global
Terrorists List or in the Terrorists List of the EU shall receive goods;
- no military consignees shall be supplied;
- the early warning instructions of the respective German authorities shall
be observed. Access to software, documentation and information on
the Continental Automotive Trading UK Ltd website shall only take place
if such conforms with the above checks and guarantees. Where the User does not
comply with the above, Continental Automotive Trading UK Ltd shall not be
obliged to perform.
10.3 Upon request Continental Automotive Trading UK Ltd shall
inform the User of the relevant contact points for further
information.
11. Data Privacy Protection
For collection, use and processing of personally identifiable data of the
User of the Continental Automotive Trading UK Ltd website, Continental
Automotive Trading UK Ltd shall comply with applicable laws on data privacy
protection and the Continental Automotive Trading UK Ltd website Data
Protection Privacy Policy, which is available per hyperlink on the Continental
Automotive Trading UK Ltd Website under www.vdo.com/uk
12. Supplementary Agreements, Place of Jurisdiction, Applicable Law
12.1 Any supplementary agreement requires the written form.
12.2 The place of jurisdiction shall be Regensburg if the User is a
merchant in terms of the German Commercial Code
(Handelsgesetzbuch).
12.3 The individual pages of the Continental Automotive Trading UK
Ltd website are operated and administered
by Continental Automotive Trading UK Ltd and/or its
affiliates. The pages comply with the law applicable in the country where the
responsible company has its business
residence. Continental Automotive Trading UK Ltd makes
no representation that information, software and/or documentation on
the Continental Automotive Trading UK Ltd website are appropriate
or available for viewing or downloading at locations outside such country. If
Users access Continental Automotive Trading UK Ltd website from
outside such country, they are exclusively responsible for compliance with all
applicable local laws. Access to Continental Automotive Trading UK
Ltd website's information, software and/or documentation from
countries where such content is unlawful is prohibited. In this case and where
User seeks to do business with Continental Automotive Trading UK Ltd, the
User should contact the Continental Automotive Trading UK
Ltd representative for the particular country for country specific
business.
12.4 These Terms of Use shall be governed by - and all disputes relating to
or in connection with these Terms of Use or their subject matter shall be
resolved in accordance with - the laws of Germany, to the exclusion of its
conflict of laws rules. The application of the United Nations Convention on
Contracts for the International Sales of Goods (CISG) of 11 April 1980 is
excluded.
