Contents, Autodoc Club – Platform Terms and Conditions of Use
- Section 1 – registration
- Section 2 – benefits/services offered
- Section 3 – provision of the Platform
- Section 4 – use of the Platform
- Section 5 – liability
- Section 6 – User’s obligations and liability for posted content
- Section 7 – no liability for advice or recommendations
- Section 8 – exemption from liability
- Section 9 – trademarks and industrial property rights of Autodoc
- Section 10 – term and termination
- Section 11 – blocking
- Section 12 – data protection
- Section 13 – contract amendments
- Section 14 – online dispute resolution: information pursuant to Art. 14(1) of Regulation 2013/524/EU on consumer dispute resolution
- Section 15 – consumer dispute resolution: information pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG)
- Section 16 – final provisions
Autodoc Club – platform terms and conditions of use
AUTODOC SE, Josef-Orlopp-Strasse 55, 10365 Berlin, Germany (“Autodoc”) operates a platform (“Platform”) under the domain https://club.autodoc.co.uk/ that enables users to manage and retrieve data concerning their vehicles in the form of an “online car log”.
Natural and legal persons (“Users”) can research such services on the Platform and obtain recommendations and advice regarding these services.
The following terms and conditions of use (“Terms and Conditions of Use”) shall apply to the Users’ use of this Platform.
Section 1 – registration
- 1.3 Users who already have an account on https://www.autodoc.co.uk/ do not have to register separately on the https://club.autodoc.co.uk/ platform. The log-in data from https://www.autodoc.co.uk/ may automatically be used as log-in data on the https://club.autodoc.co.uk/ platform via a single sign-on process.
Section 2 – benefits/services offered
Through the Platform, Autodoc offers the possibility to manage and maintain one’s vehicle history with reference to the data provided by the Users.
The User can make “car log entries” when using the Platform. The entries comprise the User’s personal data as well as data concerning the vehicle. The Platform has a structured online data management system for a vehicle with overviews, e.g. of repairs to a vehicle, a schedule for replacing parts or the process for changing the oil.
The User has the option to store vehicle documents on the Platform in the form of photos and scans.
The Platform is a personal “car log” that is kept and viewed by the respective User only and thus not publicly accessible.
Section 3 – provision of the Platform
- 3.3 Autodoc is entitled to engage its affiliated companies and any other subcontractors in the provision of benefits under or in connection with the Terms and Conditions of Use.
Section 4 – use of the Platform
- 4.3 The User shall avoid any measures that could jeopardise the security of Autodoc’s Platform and shall not retrieve any information or data that interfere with the Platform’s software or transfer viruses, Trojans or other malware.
Section 5 – liability
- 5.3 The limitation of liability under 5.1 and 5.2 shall not apply (i) insofar as liability cannot be limited or excluded under prevailing law, particularly in accordance with the German Product Liability Act (ProdHaftG), (ii) in cases of intent or gross negligence, (iii) in cases of damage to health, physical injury or loss of life caused by simple negligence, (iv) in cases of malice and (v) in cases of non-compliance with an agreed guarantee.
Section 6 – User’s obligations and liability for posted content
- 6.6 If Autodoc becomes aware of the User’s content potentially causing infringement of a right, it shall inform the User in writing without delay.
Section 7 – no liability for advice or recommendations
Where advice or recommendations are shared on this Platform, without prejudice to the responsibility arising under any contractual relationship, unlawful act or other statutory provision, Autodoc shall not be required to pay compensation for any damage incurred as a result of following such advice or recommendations.
Section 8 – exemption from liability
The User hereby declares that they shall, at first request, indemnify Autodoc, companies affiliated with Autodoc and all employees, representatives, shareholders and vicarious agents of Autodoc and/or companies affiliated with Autodoc and hold them harmless in respect of demands or claims of any kind asserted by third parties on the basis of or in connection with content the User stores, publishes and/or transfers in the context of Autodoc’s services or that are asserted based on use of the services or breaches of these Terms and Conditions of Use or of rights of third parties by the User. This shall also include reasonable legal expenses in each case.
Section 9 – trademarks and industrial property rights of Autodoc
The User acknowledges that Autodoc is exclusively entitled to all rights to Autodoc’s content and branding, including any trademarks, patents, copyrights, licences or other rights or comparable legal positions in relation to the User and shall not use them without the prior, explicit, written agreement of Autodoc or remove any references to Autodoc’s proprietorship. In particular, the User may not use the Autodoc trademark, copy, modify, disassemble or create derivative works from software or attempt to ascertain the source code or sell, assign, grant sub-licences or transfer any rights to or assert any rights over the software. For the purpose of clarification, the above shall not apply to the User’s own content.
Section 10 – term and termination
- 10.4 Any termination must be effected in writing. Terminations by email shall meet the requirement for written form.
Section 11 – blocking
Autodoc is entitled, without prior notice, to block the User’s use of the Platform fully or partially if facts suggest that the User has breached these Terms and Conditions of Use or such blocking is required on the basis of legal provisions or in order to investigate a potential infringement.
Section 12 – data protection
Use of Autodoc’s services is voluntary. However, it is not possible to make full use of the https://club.autodoc.co.uk/ web platform without providing personal data or anonymised data.
Section 13 – contract amendments
The version of the Terms and Conditions of Use in force at the time of concluding the user agreement shall form part of the user agreement between the User and Autodoc. The current version of the Terms and Conditions of Use can be accessed on Autodoc’s website at https://club.autodoc.co.uk/services/terms-conditions at any time. However, Autodoc is entitled to amend and adapt the Terms and Conditions of Use with future effect. Autodoc shall inform the User in writing four weeks before the amended Terms and Conditions of Use are scheduled to take effect. The amended version of the Terms and Conditions of Use shall apply if no objection is received within this period or the User agrees to the amendments beforehand either expressly or by actively using the service. If the User objects to the amendment in writing within the notice period (e-mail is sufficient), the user agreement shall continue with application of the previous Terms and Conditions of Use. The right of the User and of Autodoc to terminate the agreement shall remain unaffected.
Section 14 – online dispute resolution: information pursuant to Art. 14(1) of Regulation 2013/524/EU on consumer dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. Our company is not prepared or required to participate in dispute resolution proceedings before a consumer dispute resolution board.
Section 15 – consumer dispute resolution: information pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG)
We shall not participate in any dispute resolution proceedings before a consumer dispute resolution board. Nevertheless, the legal situation requires us to refer you to a competent consumer dispute resolution board: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl am Rhein, Germany; tel.: +49 (0) 7851 / 795 79 40; fax: +49 (0) 7851 / 795 79 41; e-mail: email@example.com; website: www.verbraucher-schlichter.de.
Section 16 – final provisions
- 16.3 If one or more provisions of the Terms and Conditions of Use are or become invalid or unenforceable, this shall not affect the remaining provisions of the Terms and Conditions of Use. The invalid or unenforceable provisions shall be replaced by statutory provisions insofar as they exist.