TERMS-OF-USE

Terms of Use – 26/06/2020

Preamble

Bayerische Motoren Werke Aktiengesellschaft ("BMW AG"), Petuelring 130, 80788 Munich, registry court Munich, registry number HRB 42243, value-added tax identification number: DE129273398 (hereafter “operator”) operates the Aftersales Online System AOS (hereafter “portal”) under the domain "aos.bmwgroup.com" and under various other domains, subdomains and aliases. All websites on which the portal is operated, are hereinafter referred to collectively as "portal websites".

The following Terms of Use are legally binding exclusively in their German and English versions for the use of all services offered within the scope of the portal. Other language versions of these Terms of Use are an orientation aid only and serve purely for ease of comprehension purposes. In the event of a contradiction between the German and English version, the English version shall take precedence.

Contradictory or differing terms and conditions of contracting parties are not applicable and will not be accepted by the operator.

§ 1 Content of the portal, user group

The operator provides the users specified in § 3.1 below with technical information, in particular information and applications (hereinafter referred to as "content") for the professional maintenance and repair of vehicles and motorcycles manufactured by the Operator and/or distributed under the trademarks of the Operator.

§ 2 Conclusion of the contract

  1. With the licensing of a user by the operator to use the portal, a contractual relationship between the operator and the user regarding access and use of the content provided via the portal in accordance with these Terms of Use is concluded.
  2. The request for information is, depending on the nature and scope of the information, either free of charge or subject to a fee, according to the price list provided via the portal.
  3. The current version of these Terms of Use may be viewed, saved and printed at any time under https://aos.bmwgroup.com/web/oss/terms-of-use. The operator expressly reserves the right to make unilateral changes to the terms of use. Changes to these Terms of Use shall be published no later than six weeks before the scheduled date of their effective date and, if the Operator is able to contact the User, shall be notified to the User. If the user has opened an electronic communication route to the operator, the changes can also be communicated in this way. They become part of the contract if the user does not object to the changes before the scheduled date of the changes take effect.
  4. All payments are made in Euro according to the tariffs and terms of payment contained in the price list provided via the portal.
  5. Every user and every individual who logs in to the portal confirms compliance with the agreement(s), governing the relationship between the operator and the user ("governing agreement"). It is the responsibility of every individual who logs in to the portal to familiarise themselves with such contract between the operator and the user with whose access account this person uses the portal. If a governing agreement exists between the operator and the user, the contractual relationship between the operator and the user is governed by the governing agreement and these Terms of Use.

§ 3 Licence

  1. 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 if they 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. Bloggs, director of Smith Ltd
    • Access 1: Mr Bloggs, as the legal representative of Smith Ltd, has access with expanded administrator rights, created automatically as the first access account upon registration
    • Access 2: Mr. Mueller, a mechanic from Smith Ltd receives his own access account, which is assigned to Smith Ltd.
  2. In order to obtain a licence to the portal, the user or an authorised representative must complete the licence application fully and send it to the operator. The person submitting the licence application for the user will be registered as the legal representative of the user and is liable for any infringement of these Terms of Use and for any abuse of the user’s access by access accounts assigned to the user.
  3. On receipt of the licence confirmation and activation by the operator, the user can log in to the portal.
  4. Only one licence per user is possible. Dissemination of the login credentials to third parties is not permitted. The user can apply for several access accounts within the scope of the licence.
  5. The user is obliged to keep the user data provided within the scope of the licence up to date and to update it immediately if necessary, including the immediate closure or removal of access accounts of persons who are no longer authorised to act for the user’s organisation and to regularly change the passwords of these access accounts to prevent misuse.
  6. On receipt of the licence for the portal, the user accepts that the contents and accompanying materials in the portal are and remain at all times the property of the operator and that the operator owns all rights to the contents and all accompanying materials, including in particular the intellectual property rights, all patents, rights to inventions, utility models, copyright and related rights, trademark rights, company names, domain names and trade names, trade dress and goodwill, unfair competition rights, rights to designs, rights to computer software, rights to databases, rights to topographies, rights to confidential information (including know-how and trade secrets) and other property rights, whether registered or unregistered (hereafter "intellectual property rights").
  7. The licence gives the user a non-exclusive, personal and non-transferable enduser licence to access the contents for the duration of the licence. The licence for access does not grant the user property rights or other rights to the contents.
  8. The user is not permitted to remove, change or hide copyright identifications, trade names or other property rights identifications, which are contained wholly or partly in or are connected to the contents or other information provided in the portal.

§ 4 User Fee

  1. The use of the portal in the "non-registered status" as well as the licensing and upkeep of an access account are free of charge.
  2. In the registered status, besides free contents, there is also content that must be purchased for a fee. An overview of the paid content and prices can be found in the currently valid price list provided via the portal.
  3. Depending on the respective paid content, it can be used either by booking a time ticket or by using a "transaction":
    • Time tickets are a time-based right to use certain content over a particular calendar period, from the time when the time ticket was booked, for the duration of the booked period until its expiry. A booked time ticket shall run even if not used and shall expire accordingly. The remaining calendar time of a booked time ticket can be viewed at any time.
    • Transactions are a one-time, time-independent authorisation to use certain contents according to the description of the contents, e.g. for a vehicle-related support request to the operator or service provider and vicarious agents engaged by the latter.
    • The fee is regardless of performance. Even if the use of fee-paying contents does not result in success for the user, there is no repayment claim.

§ 5 Use of contents provided

  1. Unless prior written agreement from the operator is obtained, the user shall only use the contents provided for professional performance of maintenance and repair of vehicles and motorcycles manufactured by the operator or their affiliated company and/or distributed under the operator’s brand and 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 without the prior written consent of the operator. 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. Manipulation of vehicle software is not considered as maintenance and repair work, if manipulation results in technical problems or in termination of the type approval.
  2. The governing agreement can contain additional content usage restrictions depending on the field of activities of the user.
  3. Automatic reading by using e.g. bots, crawlers or other machine reading is strictly prohibited.
  4. The user is not authorised to recreate, decompile or break down information, in particular the contents, available on the portal.
  5. The user is not authorised to sell, offer for sale, license or transfer information, in particular the contents, available on the portal.
  6. The operator is authorised to block the access temporarily for legitimate reasons, e.g. if:
    1. it can be assumed that the user’s data is incorrect
    2. it can be assumed that unauthorised use using the user’s access accounts has occurred.
  7. The operator will inform the user by e-mail in the event of blocking. The user commits himself - on waiving objection of continuation of offence - to pay to the operator for each case of unauthorised use of content a penalty in the amount of an annual fee of the standard tariff according to the price list provided via the portal.
  8. The user is liable, taking into account a possible contractual penalty, for all damages incurred by the operator as a result of unauthorised use of the contents or, if applicable, by one of its affiliated companies in accordance with § 15 AktG(Stock Corporation Act). This also includes damage caused by third parties.

§ 6 Safety information

  1. The purpose of the contents provided is in particular the professional execution 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 as well as system specific training. If the information provided refers to the use of special tools, these are absolutely necessary for professional repairs.
  2. Repair work on vehicles fuelled by hydrogen must only be carried out after consultation with the vehicle-specific customer advisor in the local BMW Group company. If improperly used, there is the danger of resultant damage and the associated safety risks.

§ 7 Liability

  1. Use of the content provided is at user’s own risk. Liability of the operator based on improper performance or inadequate qualifications or product knowledge is excluded. The operator updates the content provided at regular intervals.
  2. The operator cannot guarantee that the portal can be accessed at any time and for an unlimited period of time. Scheduled maintenance windows exist, which shall usually be on weekends. The operator shall not be liable for any system failure and consequential loss of any kind (including, but not limited to, loss of business profits, business interruption, loss of business or other loss of property), unless the operator is guilty of wilful misconduct or gross negligence.
  3. In the case of a breach of essential and central contractual obligations, the liability of the operator is limited to the typical damage foreseeable at the time of conclusion of the contract.
  4. Excluded from the limitations of liability in this section are damages resulting from injury to body, life or health .

§ 8 Term of contract, termination

  1. Unless otherwise specified in the governing agreement, the contractual relationship is concluded for an indefinite period.
  2. However the contractual relationship expires automatically if one of the following conditions is met:
    • The last login via a user-assigned access account is more than 1 year ago and no valid time ticket is booked (see also § 4 User fee).
    • The user no longer belongs to the group of persons entitled to a licence and use according to § 3.
    • The operator will provide another solution of equivalent (or higher) value on similar terms for the authorised group of persons.
  3. The contract between the user and the operator for the use of the portal may be terminated extraordinarily without notice by any party for good cause at any time. An important reason authorising extraordinary termination by the operator is, in particular but not exclusively if:
    • the user within the scope of the licence, for example when completing the licence application, makes untruthful statements
    • the user uses the content provided in an unauthorised manner (see also § 5)
    • the user affects the operation of the portal by the manner of use (e.g. by machine reading)
    • the user does not react when contacted by the operator as a result of blocking the access
    • the user has objected to a change to the Terms of Use made in accordance with Section 2, No. 3 of these Terms of Use.
  4. The contractual relationship can be terminated by the user without giving reasons at any time. For this purpose, the user can delete their access themselves.
  5. Unused, virtual credit and partially used time tickets are refunded after termination
  6. Following termination of the contractual relationship, the user is obliged to delete or physically destroy all copies of content and other information which was accessed via the portal. The operator can request written confirmation of this from the user. Following termination of the contractual relationship, the user is also prohibited from further using all information they received on the portal.

§ 9 Applicable law, jurisdiction, severability clause

  1. All legal disputes arising out of or in connection with this contract shall be subject to the law of the Federal Republic of Germany.
  2. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be the Munich Regional Court I. Notwithstanding the forgoing, the operator is authorised to choose another court, which has jurisdiction under local law to hear and rule on disputes arising out of or in connection with these Terms of Use.
  3. However the operator and/or its affiliated companies reserve the right to exercise their intellectual property rights against the user for any use of intellectual property rights by the user, which is unlawful or allegedly unlawful and/or not permitted according to these Terms of Use and/or which occurs following termination or expiry of these Terms of Use. Such property rights, even if they could also be based on a contractual breach of th se Terms of Use, can be asserted separately by the Operator, in other words irrespective of and regardless of these Terms of Use. If the operator asserts such property rights separately, in other words irrespective of and regardless of these Terms of Use, they are subject to the laws of the applicable legal system for the rights to intellectual property which the operator wishes to enforce.
  4. If a provision of these Terms of Use is wholly or partially invalid, this does not affect the validity of these Terms of Use.

§ 10 Data protection

  1. The user handles the personal data provided to them on the portal as a responsible person in terms of the relevant data protection law and is solely responsible for adhering to the respective valid data protection regulations.
  2. The user is only permitted to handle the information provided to them on the portal, which contains personal data, for the purposes named under § 5 (1) and must obligate accordingly their employees and other persons who have access to the licence.

§11 Trademarks

Unless otherwise stated, all trademarks on this website are registered trademarks of the operator. This applies in particular to brands, type designations, logos and emblems.