Conditions of use
Bayerische Motoren Werke Aktiengesellschaft (“BMW AG”), Petuelring 130, 80788 Munich, registry court Munich, registry number HRB 42243, value-added tax identification number: DE129273398 (hereafter “the operator”) operates the Aftersales Online System AOS (hereafter “the portal”) under the domain “aos.bmwgroup.com” and under various other domains, subdomains and aliases. All websites on which the portal is operated are hereafter referred to in their entirety as “portal websites”.
The following conditions of use are valid only in their German version for the use of all services provided which relate to the portal. Versions of these conditions of use in other languages have validity only as a guide and to facilitate understanding. Conflicting or deviating terms and conditions from the other party to the contract shall not apply and shall not be accepted by the operator.
§ 1 Contents of the portal; users
The operator shall make technical information available to the users specified below in paragraph 3.1. via the portal, in particular information and applications (hereafter “contents”) for the proper maintenance and repair of motor vehicles and motorcycles manufactured by the operator and/or marketed under the operator's brands.
§ 2 Establishment of the contractual relationship
- When the operator grants a user a licence for the portal, a contractual relationship is established between the operator and the user for access to and use of the contents provided via the portal, which shall be governed by these conditions of use.
- The retrieval of the information shall, depending on the type and scope of the information, either be free of charge or subject to a charge as specified in the price list provided via the portal.
- The user shall be notified of changes to the conditions of use in writing via e-mail. Such changes become part of the contract if the user does not file an objection within one month.
- All payments to be made as part of the contractual relationship shall be paid in euros in accordance with the tariffs and conditions of payment specified in the price list provided via the portal.
§ 3 Licensing
- Users are entitled to a licence if they belong to the category of “independent operators” as defined by the Block Exemption Regulation (EC) 461/2010 and/or the Regulation (EC) 715/2007 or successor regulations on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to repair and maintenance information for motor vehicles and/or motorcycles and are domiciled within the European Economic Area (EEA) / Switzerland or if they belong to a category of persons entitled according to comparable regulations. Notwithstanding clause 1 a licence may be granted by the operator on an exceptional basis in individual cases. The following example is provided to clarify the terms used:
- User: Smith Ltd, as the party to the contract with the operator
- Legal representative: Mr John Smith, director of Smith Ltd
- Access 1: Mr Smith, as the legal representative of Smith Ltd, has an access account with expanded administrator rights, created as the first access account automatically upon registration
- Access 2: Mr Miller, a mechanic at Smith Ltd, is given his own access account, which is assigned to Smith Ltd.
- To obtain a licence for the portal, the user or a person authorised to represent the user must complete the licence application and send it to the operator. The person who makes the licence application for the user shall be registered as the legal representative of the user.
- After receiving the licence confirmation and enabling by the operator, the user can log on to the portal.
- Only one licence is possible per user. Dissemination of the licence details to third parties is not permitted. The user may apply for multiple access accounts within one licence.
- The user is obliged to keep constantly up-to-date the details the user provides in the course of obtaining the licence.
§ 4 Fees paid by the user
- Use of the portal when not “logged on” is free of charge, as is the licence and the upkeep of an access account.
- When logged on, there are contents which are free of charge as well as contents which can only be obtained subject to a charge. The price list provided via the portal gives an overview of the contents which are subject to a charge and their prices.
- To use contents which are subject to a charge, the user must purchase virtual credit and load it onto the virtual credit account. Contents subject to a charge can then be used via all the authorised access accounts assigned to the user against payment of corresponding amounts from the virtual credit account.
- There is a minimum amount for loading of the virtual credit account, specified in the price list provided via the portal.
- Depending on the particular contents subject to a charge, they may be used by opening a time ticket or by means of a “transaction”:
- Time tickets are a time-based usage authorisation for particular contents for a particular period of calendar time starting from the moment when the time ticket was opened, for the duration of the period it was opened for, until the expiry of that period. An opened time ticket shall run even if not used and shall expire accordingly. The calendar time remaining on an opened time ticket can be viewed at any time.
- Transactions are one-off, time-independent usage authorisations for particular contents in accordance with the description of the contents, e.g. for a vehicle-specific support request to the operator or service providers and vicarious agents engaged by the operator.
- The credit remaining in the virtual credit account can be queried at any time.
- The remuneration shall not be dependent on results. Even if the use of contents subject to a charge does not lead to the successful result desired, this shall not give rise to a claim for a refund.
§ 5 Use of the contents provided
- Unless prior written agreement from the operator is obtained, the user shall use the contents provided only for proper performance of maintenance and repair work within the context of the user's organisation and shall not disseminate them to third parties (including outlets and workshops within the user's own network of organisations or workshops) or use, save, publish or reproduce them in any other way. All other activities of the user in the user's capacity as an “independent operator” as defined by § 3 and the regulations listed therein shall be treated as equivalent to maintenance and repair work.
- Automated reading e.g. by bots, crawlers or other automated reading means is not permitted.
- The operator is authorised to block access temporarily for good cause, e.g. if:
- it must be assumed that the user's details are incorrect
- it must be assumed that unauthorised use by the user's access accounts has taken place
- In the event of a block, the operator shall inform the user by email. For every instance of unauthorised use of contents, the user undertakes – with exclusion of the plea of connection with a previous unauthorised use – to pay the operator a contractual penalty amounting to one annual fee as specified in the price list provided via the portal.
- The user shall be liable for any damages incurred by the operator, or where applicable, by one of the operator's affiliated companies within the meaning of Section 15 of the German Stock Corporation Act, arising from an unauthorised use of the contents, subject to deduction of any contractual penalty. This shall also apply to damages caused by third parties.
§ 6 Safety information
- The contents provided are intended especially for the proper performance of maintenance and repair work. To be able to carry out the aforementioned work, it is essential that the worker in question has completed his/her vocational training as a motor mechanic/fitter and has undergone regular further training. Where special tools are referred to in the information provided, the use of these tools is essential for professional-quality repairs.
- Repair work on Hydrogen vehicles must only be performed after consultation with the vehicle-specific customer contact of the local BMW Group company. If improperly used, there is the danger of resultant damage and the associated safety risks. To be able to carry out the aforementioned work, the prerequisite is that the worker in question has completed his/her vocational training as a motor mechanic/fitter and has undergone regular further training in the BMW Training Academy.
§ 7 Liability
- Use of the information provided is at the user's own risk. Liability of the operator based on improper performance or inadequate qualifications or product knowledge is excluded. The information provided shall be updated by the operator on a regular basis.
- The operator does not guarantee that the portal shall be accessible at all times or for an unlimited period of time. Scheduled maintenance windows exist, which shall usually be on business days. The operator shall not be liable for any system failures or any kind of damages resulting from such failures (including but not limited to damages from loss of profits, interruption of business, loss of business or other pecuniary losses) unless intent or gross negligence exists on the part of the operator.
- In the event of violation of essential and central contractual obligations, the liability of the operator shall be limited to the typical damages foreseeable at the time of conclusion of the contract.
- Damages arising from injury to life, limb or health are excepted from the liability restrictions in this paragraph.
§ 8 Duration of the contract; termination
- The contractual relationship is established for an indefinite period, but shall lapse automatically if one of the following conditions is met:
- The last logon by an access account assigned to the user is more than one year ago, the user's virtual credit account has no credit in it and there is no valid time ticket open (see also § 4 Fees paid by the user).
- The user no longer belongs to the category of persons entitled to licensing and use as defined in § 3.
- The operator makes another solution of equal value available to the entitled category of persons.
- The contract between the user and the operator for the use of the portal may be terminated without notice by either party at any time for good cause. A good cause justifying termination without notice on the part of the operator exists especially if:
- the user makes false statements during the licensing process, for example when completing the licence application
- the user does not use the provided contents in a permitted manner (see also § 5)
- the manner in which the user uses the portal impairs its operation (e.g. automated reading)
- the user does not respond when contacted by the operator after blocking the user's access account
- The contractual relationship may be terminated by the user at any time without stating a cause. To this end, the user may delete the user's own access account.
- Unused virtual credit and started time tickets shall be refunded after termination
§ 9 Applicable law and place of jurisdiction
All legal disputes arising from or in connection with this contract are subject to the law of the Federal Republic of Germany. The place of performance and the exclusive place of jurisdiction for all claims in connection with this contract shall be Munich, Germany, unless otherwise specified by law.
§ 10 Data protection
Personal information shall be handled in accordance with the valid statutory data protection regulations and shall be used solely for the purpose of preparation, performance and execution of this contractual relationship. This may include the transmission of personal information to service providers employed by the operator for the performance of the contract or individual contractual obligations. The user may request information about personal details concerning the user which are saved by the operator and may request the correction, deletion or blocking of those details.
§ 11 Trademarks
Unless otherwise specified, all trademarks on this website are protected trademarks of the operator. This applies particularly to brands, type designations, logos and emblems.