Contents, Autodoc Club – Platform Terms and Conditions of Use
  • Preamble
  • 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
Preamble

Autodoc AG, 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
  • 1.1 In order to use this Platform’s full range of functions, the User is required to register free of charge. By doing so, the User agrees to these Terms and Conditions of Use.
  • 1.2 Only individual natural persons of adult age and full legal capacity (not, however, families or married couples, for example) may register, as well as legal persons and partnerships. If a company is registered as a User, the person carrying out the registration shall warrant that they are authorised to represent the company.
  • 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
  • 3.1 Autodoc shall, at reasonable economic cost, endeavour to provide the Platform to the User free of faults and without interruption and to ensure transfers of declarations and other data by and to the User as part of their use of the Platform are error-free. Autodoc is not required to warrant specific functions of the Platform, particularly as regards the availability of the Platform.
  • 3.2 Autodoc operates the Platform, in conjunction with the benefits provided, for a large number of Users and shall therefore provide the generally available version of the Platform to the User. Section 13 shall apply insofar as modification of the Platform or other benefits necessitates amendment of these Terms and Conditions of Use.
  • 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
  • 4.1 Autodoc’s provision of the Platform is the subject of the user agreement. The User shall create a personal User account that cannot be seen by other Users or the public.
  • 4.2 Once the User has registered, Autodoc shall grant them access to the Platform via a User account using log-in data. The User shall keep their log-in data secret at all times and inform Autodoc immediately if they become aware of any unauthorised access.
  • 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
  • 5.1 Insofar as Users are consumers (Section 13 of the German Civil Code (BGB)), claims for compensation – except in the case of debtor’s default or impossibility of performance for which the website operator is responsible – are excluded in the case of simple negligent breaches of duty on the part of the website operator or its vicarious agents or employees, unless the breach concerns a duty whose fulfilment is a fundamental prerequisite for the proper implementation of the user agreement and on whose fulfilment the User may ordinarily rely. Except in cases of intent or gross negligence on the part of the website operator or its vicarious agents or employees, the website operator’s liability shall be limited to the amount of damage typically foreseeable on conclusion of the contract.
  • 5.2 Insofar as Users are entrepreneurs (Section 14 BGB), claims for compensation – on whatever legal grounds – based on simple negligent breaches of duty on the part of the website operator or its vicarious agents or employees are excluded, unless the breach concerns a duty whose fulfilment is a fundamental prerequisite for the proper implementation of the user agreement and on whose fulfilment the User may ordinarily rely. Except in cases of intent or gross negligence on the part of the website operator or its vicarious agents or employees, the website operator’s liability shall be limited to the amount of damage typically foreseeable on conclusion of the contract.
  • 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
  • 6.1 Autodoc shall respect the intellectual property of third parties and requires its Users to do likewise.
  • 6.2 The User shall ensure that they do not post content that infringes rights of third parties (e.g. infringement of copyright and trademark rights, personal rights or competition law).
  • 6.3 To ensure legally compliant and proper use of the Autodoc Club forum, the following actions, in particular, are prohibited when publishing contributions and other content (this list is not exhaustive):
    • Publishing personal data of third parties, e.g. name, address, profession, telephone number or e-mail address.
    • Publishing e-mail correspondence, written correspondence or other individual written communication that is subject to confidentiality on the Autodoc Club forum.
    • Publishing contributions and/or content that are racist or pornographic, have a harmful effect on minors, glorify violence or are otherwise unlawful or improper or linking to such web content on the Internet.
    • Violating prevailing laws, inviting others to violate laws or linking to such contributions or content.
    • Publishing untrue statements, insults or other defamatory content or generally using the Autodoc Club forum in an inappropriate (obscene, aggressive, provocative, etc.) manner.
    • Publishing contributions and other content that could create the impression that the author is an employee of Autodoc AG.
    • Posting photos and videos without first having obtained the consent of all the persons depicted to their publication on the Autodoc Club forum.
    • Any type of commercial use of the Autodoc Club forum, particularly by means of advertising for or linking to products or services outside the Autodoc network.
    • Posting search queries or other contributions that are directly related to trade or a service outside the Autodoc network.
  • 6.4 Autodoc is entitled to delete or deactivate content posted by the User if it infringes the rights of third parties or third parties assert claims based on infringement of a right, the reasonable justification of which cannot be clearly ruled out.
  • 6.5 Autodoc shall not be liable for the accuracy, quality, completeness, reliability, type or grade of content posted by the Users. It does not constitute any statement of opinion by Autodoc. Autodoc expressly does not adopt Users’ content as its own.
  • 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
  • 10.1 The account registration agreement is concluded for an indefinite period.
  • 10.2 The User may terminate the account registration agreement at any time without notice. Autodoc may effect standard termination of the account registration agreement by giving two weeks’ notice. The right to terminate the agreement for good cause shall remain unaffected. Autodoc may, in particular, terminate the account registration agreement without notice if:
    • the User provides false or incomplete information when registering,
    • the User repeatedly breaches other contractual obligations and does not cease the breach of obligations even after Autodoc has requested that they do so.
  • 10.3 If Autodoc has terminated the agreement, the User is not entitled to set up a new account, including under a different name or designation.
  • 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.

Autodoc shall comply with the prevailing applicable data protection provisions. It shall not share data with other Users. Further information regarding the type and purpose of collecting, processing and using the required personal data can be found in the privacy policy.

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: mail@verbraucher-schlichter.de; website: www.verbraucher-schlichter.de.

Section 16 – final provisions
  • 16.1 Insofar as Users are entrepreneurs (Section 14 BGB), the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall only apply to consumers in the absence of any conflict with mandatory statutory provisions (such as consumer protection regulations) under the law of the state in which the consumer has their usual place of residence.
  • 16.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Berlin, provided that the parties to the contract are merchants or the User does not have a general place of jurisdiction in Germany or in another EU member state or has moved their permanent residence abroad after these Terms and Conditions of Use came into effect or the residence or usual place of residence is not known at the time the action is filed.
  • 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.