General Terms and Conditions for the Use of ETOS

 

General Terms and Conditions of Business (hereinafter referred to as "T&C") of LexCom Informationssysteme GmbH (hereinafter referred to as "LexCom"; refer to the Legal Notice for more contact and company information), Rüdesheimer Strasse 23, 80686 Munich, Germany, for the software product ETOS.

 

Version: July 2021

 

(The T&C set out below also include legal information on the rights of consumers pursuant to the statutory provisions on distance selling contracts and electronic business transactions.)

 

§ 1 Scope of Application

  1. The terms and conditions set out below shall apply to all contracts between users of ETOS and LexCom relating to the use of ETOS. Users of ETOS are usually entrepreneurs (§ 14 BGB - German Civil Code); however, the service is also open to consumers (§ 13 BGB). Those provisions of the T&C that relate specifically to entrepreneurs are identified accordingly.
     
  2. Any deviating, contrary or supplementary T&C shall not become an integral part of the contract unless their validity has been expressly agreed to in writing.
     

§ 2 Scope of Services

  1. The user receives a „Starter Kit“ containing the current program version of ETOS on DVD as well as a First Licence and one USB hardlock for the usage of ETOS. For each new program version. LexCom provides a DVD which has to be used for all work stations. Updates will be provided online.
     
  2. ETOS offers its users the possibility to research original spare parts of the brands Audi, SEAT, Skoda and Volkswagen (incl. Volkswagen Commercial Vehicles).
     
  3. Using the „pl24“ button, the user will be re-directed to the online portal “partslink24” and thus gains access to the original parts catalogs of various other manufacturers. Via partslink24, the user also has the option to make inquiries without commitment relating to original spare parts of these manufacturers from participating providers (usually authorized dealers) and these inquiries may result in purchase orders. partslink24 offers a monthly average of 98.5 % availability, except for a scheduled maintenance window on Sundays from 6:00 a.m. to 4:00 p.m. (German time) and except for any causes which are beyond the responsibility of LexCom.  
  4. LexCom shall not be responsible in the course of rendering its services for (a) the completeness of the spare parts entered into its database (b) the completeness and accuracy of the data and information provided by the manufacturers (including their respective general terms and conditions) since the compilation of these data is beyond the control of LexCom. Whenever any deficiency regarding the data should become apparent, LexCom will immediately inform the manufacturer concerned and make corrected data available. All spare part prices displayed are recommended retail prices specified by the manufacturers. Only the individual seller can provide binding pricing information.
     
  5. The partslink24 concept is understood as an offer to facilitate the flow of information from the manufacturers to the actors in the secondary market such as, for example, authorized car dealers or spare part dealers and brand-independent car repair shops. The parties enter into a business relationship by the buyer sending an inquiry without commitment on partslink24 (by clicking the "Send" button on the "Validate&Send" page) and the seller accepting the inquiry. Any subsequent conclusion of contract, delivery and payment of the spare parts between the users (prospective buyers and dealers) is beyond the responsibility of LexCom.
     
  6. ETOS itself offers neither spare parts nor information beyond the contents of the database.
     
  7. The ETOS software itself doe not contain spare parts prices. Prices will be displayed in accordance with each Volkswagen importer or the national sales company.
     

§ 3 Data Protection and Security

 

Any and all personal data collected from the user are handled in compliance with the data security legislation that is applicable for LexCom. LexCom is committed to the data privacy statement available at www.lexcom.de/privacy.
 

§ 4 User’s Rights and Obligations

  1. LexCom grants the user the non-exclusive right to use ETOS for a time period limited by the duration of the contract, provided that all fees due are paid in full. The user may not lease, loan, sell, sub-license, cede, transfer or allow third-party use of ETOS or the associated usage rights; nor may the user copy or allow others to copy ETOS, neither in full nor in part.
     
  2. The operation of ETOS via a terminal server is prohibited.
     
  3. The user confirms that the input and messages submitted by the user do not violate any legal provisions or rights of third parties and that they will not have any adverse effects on the data or the data processing system of LexCom. In particular, the user is prohibited to offer or request information or data that would violate any criminal-law or other legal provisions or the commerce of which is prohibited or subject to permission.
     
  4. It is not permitted for users to reproduce, to save in other media, to distribute or to change the information, data, drawings, specifications and documentations ("ETOS material") integrated in ETOS. Access to the ETOS material via automated processes (e.g. robots, spider tools etc.) is prohibited. Individual pages may only be printed or saved for personal use.
     
  5. Use of ETOS - in particular the vehicle identification number query function - is primarily for the purpose of identifying necessary spare parts for a vehicle and obtaining them from ETKA. The user shall use ETOS only to an extent that does not substantially exceed that user’s typical scope of use for this purpose. If the use exceeds this purpose and/or the usual scope of use, LexCom reserves the right to restrict or block access to ETOS.
     
  6. Users are prohibited from sharing their individual login credentials (user name and password) with third parties or passing them on to third parties.

§ 5 Conditions for ETOS

  1. If a subscription is not cancelled, it is extended by the period of the minimum term. The termination of the subscription takes place by the user sending the cancellation in writing to LexCom using the contact form at www.etosinfo.com/Kontakt or by e-mail to [email protected]
     
  2. Invoices will be provided to the user by LexCom in text form (PDF format).
     
  3. All fees shall be settled by invoice payment, credit card or direct debiting, depending on the user’s location. It is the responsibility of the user to ensure that the account or the credit card maintains an adequate balance and that all credit card or bank details are up to date and correct. If settlement is made by invoice payment, all fees incurred for the bank transfer shall be at the user’s charge.
     

§ 6 Notices and Declarations

  1. According to the nature of the platform, the sales contracts initiated via ETOS are concluded by means of electronic communications. This involves that the declarations of intent are usually made via email.
     
  2. The users recognize the unrestricted validity of declarations of intent made in this manner subject to the following clauses:
     
    1. In the e-mail message, common information must neither be suppressed nor circumvented by anonymization, i.e. the message must include the name and the e-mail address of the sender, the time the message was sent (date and time) as well as a repetition of the sender’s name at the end of the message. Unless proven otherwise, an e-mail message received according to the criteria of this clause shall be deemed to originate from the other party.
       
    2. All messages shall be phrased in German or English language and the associated “Kontakt” module must be used.
       
  3. Please direct any messages or declarations regarding these T&C to [email protected]
     

§ 7 Disruption of Service

 

If any substantial disruption of service of partslink24 should occur that is within the scope of responsibility of LexCom, a downtime of more than 24 hours shall extend the period of use by the same period.
 

§ 8 Limitation of Liability

  1. LexCom shall be liable to the user without limitation in case of intent or gross negligence for any damage caused by LexCom or its legal representatives or persons employed in performing obligations.
     
  2. As to ordinary negligence, LexCom shall be liable without limitation in case of injury to life, limb or health. In all other respects, LexCom shall only be liable insofar as the company should have violated an essential contractual duty. Liability in such cases shall be limited to the foreseeable typically occurring damage. Total liability in such cases shall be limited within one and the same contractual year to the amount of the prices paid in the same contractual year.
     
  3. Liability pursuant to the provisions of the product liability legislation shall remain unaffected.
     

§ 9 Indemnification

  1. The user shall indemnify LexCom against any and all claims asserted by other users or other third parties against LexCom for any violation of their rights by contents published by the user on partslink24. The user shall bear all reasonable costs incurred by LexCom as a result of any violation of a third party's rights, including any reasonable expenses incurred for legal defence. All other rights as well as any claims for damages on the part of LexCom shall remain unaffected. The user shall be at liberty to prove that LexCom has actually incurred lower costs.
     
  2. If the user's contents should violate any rights of any third party, the user shall at the election of LexCom either procure the right to use the contents for LexCom at user's own expense or revise the contents in such a way that they are not subject to property rights.
     

§ 10 General Provisions / Legal Venue / Applicable Law

  1. German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer, the applicability of binding provisions of the legislation valid in his place of residence shall remain unaffected.
     
  2. The place of performance for all mutual services and payments under the contract shall be Munich, Germany.
     
  3. If and to the extent a user is an entrepreneur, the legal venue shall be Munich, Germany.
     
  4. The present T&C are published in German language and in various other languages. In case of doubt, the German version shall be authoritative for the interpretation of the T&C.
     
  5. LexCom reserves the right to amend these T&C at any time and without having to state any reasons for such amendments. The user will be made aware of any amendment by means of an electronic notification in the course of usage of ETOS. Should the user not object to the amendment within a period of four weeks after receipt of the message, the amended clauses shall be deemed accepted.