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Bosch Limited Hamro Bosch Platform Terms of Use
Date: 21.07.2024
Bosch Limited, Hosur Road, Adugodi, Koramangla-560030, operates a cloud-based digital service platform to address the loyalty management needs of the Nepal market. It aims to enhance brand loyalty among its platform users (mechanics, field representatives, BMD) who download application and login using their respective login IDs. These terms and conditions govern access to the HAMRO BOSCH Platform and the use of its services by the platform users.The Hamro Bosch Platform is operated for businesses only in the territory of Nepal .
“Access Credentials” means one or more combinations of usernames and passwords used to access an Account.
“Account” means the authorization of Platform User to access the HAMRO BOSCH Platform.
“Affiliated Company” means an entity that controls, is controlled by, or is under common control with a Party, where “control” means the direct or indirect holding of more than 50% of equity ownership or voting rights.
HAMRO BOSCH Data Protection Notice means Platform Operator’s standard data protection notice that informs the Platform User the way any Personal Data processed by the Platform is treated. Refer to [link]
“HAMRO BOSCH Platform ToU” means these terms and conditions governing access to the HAMRO BOSCH Platform and use of the Platform Services.
“HAMRO BOSCH Platform” means the cloud- based digital mobile application operated by Platform Operator.
“HAMRO BOSCH Mobile Application” means the description of the technical functionalities of the respective HAMRO BOSCH Platform as provided by HAMRO BOSCH Platform Provider (e.g. specifications, quantity, performance data, performance period, quality, applicable system requirements).
“Authorized Representatives” means Platform User's employees, consultants, contractors, mechanic, BMD and agents who are authorized by Platform User to access and use the Offerings under the rights granted to Platform User under this Term of Use. (Platform User shall be responsible for all acts/omission of any of the Authorized Representatives)
“Confidential Information” means all tangible or intangible information which is marked as confidential or which should reasonably be understood to be confidential given its nature and the circumstances of its disclosure, including, without limitation, any information about operational processes, business relationships and know-how including non-public information
BOSCH and the logotype are registered trademarks of Robert Bosch GmbH, Germany
regarding the availability, performance, or functionality of the HAMRO BOSCH Platform and the Platform Services.
“Content” means all content available through the HAMRO BOSCH Platform, such as software (including source code), software functionalities, APIs, data, text, audio, video or images, including documentation, sample code, software libraries, command line tools, proofs of concept, templates, and other related technology.
“Customer Management” is a Platform Service and means software functionalities provided within the HAMRO BOSCH Platform.
“Customer” means HAMRO BOSCH Platform Customer
“Data Protection Legislation” means the applicable data protection laws of Nepal including but not limited to the Information technology Act, 2000 and the Digital Personal Data Protection Act, 2023 as well as other sectoral specific regulations.
Operator
“First Level Support” is a Platform Service and means the support services provided by Platform Operator to Platform Users pursuant to Sections 0 and 0.
“Offering Information” means information about the essential features of the respective Offering (information regarding Bosch’s products, promotional offers, reports)
“Offerings” means HAMRO BOSCH Platforms and Platform Services.
“Party” means, individually, each of Platform User and Platform Operator and “Parties” collectively refers to Platform User and Platform Operator.
“Platform Operator/Provider” means Bosch Limited, Hosur Road, Adugodi, 560030 as the operator of the HAMRO BOSCH Platform and provider of the Platform Services.
“Platform Service Description” means the description of the technical functionalities of Platform Service in terms of specifications, quantity, performance data, performance period, quality etc., including details regarding applicable system requirements and – where relevant -
technical and organizational data protection measures as well as subcontractors used by Platform Operator and their respective services.
“Platform Services” means the integrated core platform services as further described in Section 5, provided by Platform Operator free of charge and available for use upon successful conclusion of the Platform User Agreement.
“Registration Data” means any information requested from Platform User during Registration,
e.g. company name, address, indirect tax identification number (e.g.GSTIN, PAN), telephone number, e-mail address and other financial, business or tax information.
“Registration” means the registration process set out in Section 3 required to be completed before Platform User's Account is activated.
“SaaS” means a software application or functionality made available for use in a software as a service model.
“Usage Data” means any machine data (e.g. sensor or other machine data), and/or any system data (e.g. log files, information on utilization or availability), automatically transmitted through or generated by the HAMRO BOSCH Platform and Platform Services.
“Widgets” are a free Platform Service and refer to SaaS applications which display Integrated Platform Data in a more functional manner giving insights/highlights of critical information.
This HAMRO BOSCH Platform ToU apply to Platform User’s access to the HAMRO BOSCH Platform and the use of free Platform Services.
Terms and conditions of Platform User – Do’s
Follow mobile application Guidelines - Respect the rules and policies set by the we mobile app for a harmonious experience.
Verify Information - Ensure the accuracy and reliability of the content before sharing it.
Protect Your Privacy - Safeguard your personal information and use secure passwords.
Use Strong Security Practices - Keep your devices and software updated and use antivirus protection.
Provide Constructive Feedback - Help improve the website by offering suggestions and comments respectfully.
Respect Copyright and IP - Honor the intellectual property of content creators and respect copyright laws.
Report Misconduct - Report inappropriate behavior or content to website administrators or
moderators. Don’t’s
Violate Terms of Use - Respect the rules and policies set by the mobile app.
Spread Misinformation - Avoid sharing false or unverified information that can mislead others.
Overshare Personal Information - Only share necessary personal data on trusted and secure websites.
Click on Suspicious Links - Be cautious of unfamiliar links to prevent falling victim to scams.
Plagiarize - Give proper credit to content creators and obtain permission when using their work.
Engage in Unauthorized Activities - Avoid hacking or engaging in illegal online activities.
Ignore Privacy Settings - Respect others' privacy settings on social media and other platforms.
Access to the HAMRO BOSCH Platform requires an Account, which Platform Operator makes available to Platform User upon Registration.
Registration may require the use of an authentication service (e.g. Bosch ID, SingleKey ID, Apple ID or Google account). The terms and conditions of such authentication service are outside the scope of these HAMRO BOSCH Platform ToU and Platform Operator is not responsible for such authentication service(s).
Platform User will be asked to provide Registration Data. Registration Data must be provided completely and correctly. Platform User shall keep Registration Data up to date during the usage of this Platform Registration of a legal entity may only be carried out by an authorized representative, who must be named.
To complete the Registration and submit Registration Data, Platform User must accept these HAMRO BOSCH Platform ToU.
By providing Registration Data, Platform User submits an offer to Platform Operator to enter into the usage of this platform . The activation of Platform User's Account shall be deemed acceptance by the Platform Operator.
Platform Operator reserves the right to verify the identity of Platform User upon submission of Registration Data or at any later point in time, for example by requiring Platform User’s confirmation via an (i) activation link sent to Platform User's e-mail address, or (ii) a code sent to a mobile phone number submitted by Platform User. Until Platform User has provided the required verification, Platform User’s Account will remain blocked. If Registration is not fully completed or completed incorrectly, Platform
Operator reserves the right to delete any incomplete Registration Data.
Platform Operator in its sole discretion reserves the right to reject any Registration.
Accounts are not transferable.
Platform User is obliged to handle all Access Credentials associated with the Account with care, not to disclose them to third parties and not to allow third parties to access the Account. Platform User is liable for all activities that take place using Platform User’s Account and for which Platform User is responsible. Platform User shall immediately change the Access Credentials for Platform User’s Account if Platform User has reason to believe that Access Credentials may have become known to unauthorised persons.
Access to the HAMRO BOSCH Platform and the Platform Services is app based. In addition, Platform Operator may, at its sole discretion, provide access through a mobile app for use on compatible mobile devices such as smartphones or tablets (if applicable). Individual functionalities may be restricted depending on the type of access.
The type and scope of Platform Services as offered by Platform Operator from time to time are described at and in the Platform Service Descriptions.
Platform Services may include the provision of the id, HAMRO BOSCH Platforms Integration, First Level Support, Platforms Management, the HAMRO BOSCH mobile app, Customer Management as well as other Platform Operator Content and Widgets.
Platform Operator may change, supplement or discontinue Platform Services at any time or limit the use thereof to a certain period of time or convert them into Paid Platform Services. Platform Operator shall consider Platform User’s legitimate interests when making changes as contemplated herein.
Platform Operator is responsible for providing and maintaining the technical system requirements necessary in Platform User's sphere of responsibility to access the HAMRO BOSCH Platform and use the Platform Services (e.g. necessary hardware, software (e.g. web browser), mobile devices, internet access).
User may download and install the mobile app on compatible mobile devices such as smartphones or tablets via the respective app store. Details on technical requirements, functionalities and operating instructions are available in the respective app store. The operating instructions serve only to describe the service and contain
neither agreements on quality nor guarantees (if applicable).
Platform Operator has the right to have the Platform Services performed by third parties (including Platform Operator’s Affiliated Companies) as subcontractors.
Platform Operator provides First Level Support in English hours per day, every day of the week throughout the year (8 hours, 5 days week), available through its helpdesk via telephone under by e-mail
First Level Support comprises receiving email from Platform User regarding access to the HAMRO BOSCH Platform and the use of Platform Services as well as from HAMRO BOSCH Platform Customers regarding their use of HAMRO BOSCH Platforms. Upon receipt, incident reports will be reviewed to determine the service category to which they relate and then forwarded to either Platform Operator’s second level support (for Platform Services) or the respective HAMRO BOSCH Platform Provider (for HAMRO BOSCH Platforms) for further processing. Platform Operator’s second level support or HAMRO BOSCH Platform, respectively, will then be responsible to further analyze and process the incident.
HAMRO BOSCH Platform Providers are solely responsible for all incidents, errors, defects or any other issues associated with HAMRO BOSCH Platform, and for providing support(application support and new change request) for HAMRO BOSCH Platform. Intellectual Property, Usage rights, Platform Operator Content
All rights in the HAMRO BOSCH Platform, the Platform Services and Platform Operator Content are exclusively owned by Platform Operator or its licensors and are protected by copyright or other intellectual property rights. The compilation of HAMRO BOSCH Platform Content as such is also protected by copyright.
Platform Operator grants to Platform User the limited, non-exclusive, non-sub-licensable, revocable and non-transferable right to access the HAMRO BOSCH Platform and use the Platform Services and Platform Operator Content for Platform User’s own internal business purposes, solely in accordance with these HAMRO BOSCH Platform ToU, during the term of the platform user agreement.
Apart from rights expressly granted herein, no license or other right is granted by Platform Operator to Platform User. Platform User is prohibited from copying, distributing and/or publishing Platform Operator Content.
Platform Operator is the sole owner of Usage Data
and may use and exploit it in anonymous form for any purpose in accordance with the applicable statutory provisions.
Platform Operator may enable Platform User to share Platform User Content on the HAMRO BOSCH Platform, subject to the following provisions.
Platform User shall not share any Platform User Content which, by its content, form, design or in any other way, violates these HAMRO BOSCH Platform ToU, applicable law or regulation, or morality or infringes the rights of third parties.
Platform Operator may prescribe rules of conduct for the sharing of Platform User Content.
By sharing Platform User Content, Platform User grants to Platform Operator a non-exclusive, irrevocable and unlimited right to use, modify and exploit Platform User Content, for the purpose of providing the HAMRO BOSCH Platform and the Offerings. The usage right is transferable and sub- licensable to third parties and granted without any geographical restrictions or restrictions in scope. This includes, but is not limited to, the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. The Platform User remains the owner of Platform User Content.
Platform User hereby waives the right to author attribution.
To the extent that Platform Operator expressly offers the option of removing Shared Platform User Content, the aforementioned right of use and exploitation shall expire upon deletion of the relevant Platform User Content by Platform User. However, Platform Operator has the right to retain copies made for backup and/or verification purposes, subject to applicable Data Protection Legislation.
Platform User is responsible for shared Platform User Content. Platform Operator is not responsible for checking the completeness, correctness, legality, quality, and suitability for a particular purpose of Platform User Content.
Platform Operator is entitled to refuse sharing of Platform User Content and/or to edit, block or remove Platform User Content already Shared without prior notice if the sharing of Platform User Content by the Platform User or the Shared Platform User Content itself violates these HAMRO BOSCH Platform ToU, applicable law or morality or infringes third party rights. In this case, Platform Operator will take into account the legitimate interests of Platform User and choose the mildest means to avert a violation.
HAMRO BOSCH Platform and the Platform Services may contain links to or otherwise display or make available Third Party Content.
Platform Operator does not check Third Party Content for completeness, correctness and legality and does not adopt it as its own.
In particular,Platform Operator does not check security aspects in relation to Third Party Content. Therefore, Platform Operator does not provide any warranty for the completeness, correctness, legality and correctness’ of Third Party Content. This also applies with regard to the quality of Third Party Content and its suitability for a specific purpose, and also insofar as it concerns Third Party Content on linked external websites that may be viewed by way of framing.
Platform Operator will, at its sole discretion, investigate reasonable indications of violations of these HAMRO BOSCH Platform ToU or any illegality of individual Third Party Content or parts thereof and, if necessary, take appropriate measures to stop such violations. Specifically, Platform Operator will immediately remove illegal Third-Party Content as soon as Platform Operator becomes aware of its illegality and insofar as this is technically possible.
Platform Users shall use the Platform Services only in compliance with applicable laws and regulations. Any use for other purposes is prohibited. Unauthorized use includes but is not limited to:
Offers and promotion of own or third-party paid services or Content other than HAMRO BOSCH Platforms;
Offers, promotions and implementation of activities, such as prize competitions, raffles, barter transactions, advertisements or snowball systems;
Collecting electronically or otherwise the identity and/or contact details (including e-mail addresses) of Platform Users (e.g., for sending unsolicited e- mails); and
exploitation of Platform Services including the Content offered herewith in return for payment.
Platform User shall not use the HAMRO BOSCH Platform or the Offerings in violation of these HAMRO BOSCH Platform ToU or other applicable terms and conditions of Platform Operator, or any applicable laws or regulations, including, but not limited to copyright or trademark laws, antitrust and competition laws, Foreign Trade Law and Data Protection Legislation.
Any actions that are likely to impair the operation of the HAMRO BOSCH Platform or the Platform Services and/or the underlying technical infrastructure are prohibited. This includes, but is
not limited to:
the sharing of Content that contains viruses, worms, malware, trojans or harmful properties.
the use of software, scripts or databases not approved by Platform Operator in connection with the use of HAMRO BOSCH Platform or the Platform Services;
the automatic reading, blocking, overwriting, modification, copying of data and/or other Content, except as necessary for the proper use of HAMRO BOSCH Platform or the Platform Services; and
any activity to decrypt, decompile, disassemble, reconstruct, or otherwise attempt to discover the source code, of any software or proprietary algorithms used by Platform Operator to provide the HAMRO BOSCH Platform and the Platform Services, except as permitted under mandatory statutory law.
Upon becoming aware of an illegal, abusive or otherwise unauthorized use of the HAMRO BOSCH Platform or Platform Services, Platform User shall contact Platform Operator via e-mail. Platform Operator shall then examine the matter and, if necessary, take appropriate steps.
In the event of significant breaches of duty for which Platform User is responsible, Platform Operator is entitled to terminate Platform User access for cause.
Platform Operator may suspend Platform User’s access to the HAMRO BOSCH Platform and the Platform Services if Platform Operator determines that:
Platform User’s use of the HAMRO BOSCH Platform or the use of the Platform Services (i) poses a security risk to the HAMRO BOSCH Platform and/or the Platform Services and/or a third party; (ii) adversely affects the HAMRO BOSCH Platform or the Platform Services or other Platform User’s systems or content; (iii) violates applicable law or third-party rights; (iv) could subject Platform Operator, its Affiliated Companies or third parties to liability for damages; or (v) is fraudulent;
Platform Operator will inform Platform User of a suspension by sending a notification to the e-mail address associated with Platform User’s Account prior to the suspension, unless Platform Operator decides that it must act immediately due to urgency and is therefore unable to send a prior notification to Platform User.
Platform Operator shall lift the suspension as soon as Platform User has resolved the issue that led to the suspension.
The Platform User access is concluded for an indefinite period. It starts with the date of activation of Platform User’s Account and ends
upon termination by Platform Operator or Platform User in accordance with the terms below.
Platform Operator may terminate the Platform User access for convenience at any time by giving at least one month’s prior notice to the end of a calendar month
Form of termination
Unless a possibility of terminating by means of a dedicated function on the HAMRO BOSCH Platform (e.g., in the Account settings) is provided, any termination shall be made in text form (letter, e- mail).
Consequences of termination
Platform Operator will de-activate Platform User’s Account as of the effective date of termination, and Platform User will no longer have access to his Account, the Platform Services, and/or Platform User Content.
90 calendar days after the effective date of termination and upon expiry of any mandatory statutory retention periods, Platform Operator has the right to delete the data generated in connection with the Platform User’s Account. For personal data, applicable Data Protection Legislation shall take precedence, which may lead to a shorter retention period.
Platform Operator does not assume any warranties for defects, including defects of title, for the HAMRO BOSCH Platform and the Platform Services, except where Platform Operator has fraudulently concealed the respective defect .
Platform Operator shall be liable in accordance with the statutory provisions (i) in the event of willful misconduct and gross negligence, (iii) to the extent of a guarantee assumed by Platform Operator
Platform operator shall not be liable in case of Operational disruptions caused by force majeure or other unavoidable events beyond Platform Operator’s control
which could not be averted with reasonable effort;
which could not have been foreseen even when exercising extreme care; and
which make Platform Operator’s contractual obligations considerably more difficult or completely or partially impossible, such as strikes, lockouts, exceptional weather conditions, operational or traffic disruptions and transport obstructions,
discharge Platform Operator from its contractual obligations for the duration of such event plus a reasonable restart period.
Platform User shall defend, indemnify and hold
Platform Operator harmless from any third-party claims related to
Platform User’s breach of the Platform User access.
Any violation of applicable law by Platform User, in particular any infringement of applicable Data Protection Legislation and any violation of Foreign Trade Law;
the usage of the HAMRO BOSCH Platform and Platform Services by Platform User in a manner which infringes or violates third- party rights;
Platform User Content or Third Party Content provided by Platform User;
Platform Operator shall notify Platform User without undue delay and, to the extent permitted under applicable law, leave to Platform User the defense of such claims. Platform Operator will provide Platform User with all reasonable support. In particular, Platform Operator will, as far as possible, provide Platform User with necessary information about the use of the HAMRO BOSCH Platform and Platform Services to the extent necessary for Platform User to defend against the third-party claim.
The Parties shall comply with applicable Data Protection Legislation and commit their employees having access to any data processed hereunder to data secrecy and confidentiality.
If Platform User processes personal data, then Platform User guarantees that Platform User is permitted to do so in accordance with applicable Data Protection Legislation, and that Platform User has obtained all necessary consents, authorization and required permissions or has entered into necessary agreements with third parties in a valid manner in order to allow for Platform Operator to perform the tasks hereunder, including any access and processing of personal and other private data of all concerned individuals and/or third parties (e.g. end customers of Platform User or Platform User’s employees) which may be subject to special protection under applicable laws.
Platform Operator shall only process Platform User-related personal data to the extent required to execute its contractual obligations or otherwise permitted by applicable laws. Platform User acknowledges and confirms the collection and processing of such personal data to this extent.
The obligations pursuant to Sections 0shall continue to exist as long as personal data of Platform User is in the area of influence of Platform Operator, also after the termination effective date of the Platform User Agreement.
The Parties agree to keep all Confidential Information of the other Party disclosed to them
confidential, to only use it in the context of the provision and use of the HAMRO BOSCH Platform and the Platform Services and not to disclose it to third parties unless expressly permitted by these HAMRO BOSCH Platform ToU.
The confidentiality obligation continues for a period of five years after termination of the Platform User access
The Parties may only grant access to Confidential Information of the other Party on a need-to-know basis to those of their or their Affiliated Companies’ corporate bodies and employees who are subject to confidentiality obligations substantially similar to the confidentiality obligations set out herein and extending beyond - to the extent permitted by employment law - their leaving of the company.
Excluded from the confidentiality obligation is information
which was demonstrably already known to the receiving Party at the time of conclusion of the Platform User access without breach of any contractual or statutory duty of confidentiality, or becomes lawfully known to the receiving Party thereafter from a third party without being subject to any duty of confidentiality;
which is publicly known at the time of conclusion of the Platform User access or which is made publicly known thereafter, unless this is based on a breach of the Platform User access
which has been independently developed by the receiving Party independently of any Confidential Information of the other Party obtained under the Platform User access
which must be disclosed due to legal obligations or by order of a court or authority or is disclosed for reasons of legal defense. To the extent permitted and possible, the receiving Party subject to the disclosure obligation will give prior notice to the other Party;
which is disclosed by the receiving Party with the prior written consent of the other Party.
Platform Operator may change or amend these HAMRO BOSCH Platform ToU at any time with effect for the future if this is necessary due to legal changes or due to functional or technical developments of the HAMRO BOSCH Platform or the Platform Services.
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The contractual relationships between the Parties shall be governed by the laws of India.
The exclusive place of jurisdiction for any legal disputes arising from or in connection with these Terms of Use shall be Bangalore, India.
Legally relevant declarations and notifications to be made to Platform Operator after contract conclusion (e.g., setting of deadlines) shall be made in text form (letter, e-mail) to be effective.
The exclusive language available for contract conclusion shall be English. Translations of these HAMRO BOSCH Platform ToU to other languages are for information purposes only. In the event of contradictions between the English text and the translations, the English text shall prevail.
Should any provision of these HAMRO BOSCH Platform ToU, be or become invalid or unenforceable, this shall not affect the remaining provisions.