Terms of use

Welcome to the RECARO Partnernet!

Thank you for using the RECARO Partnernet. The Partnernet is provided by RECARO Automotive Seating GmbH, Stuttgarter Straße 73, 73230 Kirchheim/Teck, Germany and its relevant affiliates in the sense of Sections 15 et. seq. of the German Stock Corporation Act (AktG) (collectively RECARO Automotive Seating hereinafter "RECARO"). This page (together with the documents referred to hereon) sets forth the terms of use on which you may make use of our website partnernet.recaro-automotive.com (the "Partnernet") as a registered user (the "Terms of Use"). Please read these Terms of Use carefully before you start to use the Partnernet website. By using the Partnernet, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using Partnernet.

 

Accessing the Partnernet

a) You will need to create an Account in order to use the Partnernet. You need to create an username and password accordingly.

b) Access to the Partnernet is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on the Partnernet without notice (see below). We will not be liable if for any reason the Partnernet is unavailable at any time or for any period.

c) From time to time, we may restrict access to some parts of the Partnernet, or the entire site, to users who have registered with us.

d) If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat the user identification code, password, or any other piece of information as part of our security procedures that you are provided with as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

e) When using Partnernet, you must in particular comply with the provisions regarding acceptable use (see below). You are responsible for the activity that happens on or through your Partnernet Account.

f) You are responsible for making all arrangements necessary for you to have access to the Partnernet. You are also responsible for ensuring that all persons who access the Partnernet through your internet connection are aware of these terms, and that they comply with them. Please note that if you permit third parties to access the account or utilize your password, you do so at your sole risk and liability.

 

Information about you and your visits to Partnernet

We process information about you and use it for legitimate business purposes in accordance with our Privacy Notice. By using the Partnernet, you consent to such processing and you warrant that all data provided by you is accurate. 

Using the Partnernet

The contents of the Partnernet are only provided for authorized partners. The distribution to third parties is prohibited. The Partnernet is available on mobile devices. Do not use it in a way that distracts you and prevents you from obeying traffic or safety laws.

Prohibited Uses

Do not misuse the Partnernet. You may use the Partnernet only as permitted by law and these Terms of Use as well as the policies references herein or otherwise made available in the Partnernet. We may suspend or stop providing the Partnernet to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

In particular, you may not use the Partnernet:

i) in any way that breaches any applicable local, national or international law or regulation;

ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;iii) for thepurpose of harming or attempting to harm minors in any way;

iv) to send, knowingly receive, upload, download, use or re-use any material which does not comply withour content standards;

v) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotionalmaterial or any other form of similar solicitation (spam);

vi) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or vii) to attack Partnernet via a denial-of-service attack or a distributed denial-of service attack.

You also agree:

i) not to reproduce, duplicate, copy or re-sell any part of the Partnernet in contravention of the provisions of these Terms of Use.

ii) not to access without authority, interfere with, damage or disrupt:

  •  any part of the Partnernet;
  •  any equipment or network on which the Patnernet is stored;
  •  any software used in the provision of the Partnernet; or
  •  any equipment or network or software owned or used by any third party.

iii) not otherwise try to access the Partnernet using a method other than the interface and the instructions that we provide;

iv) not to establish links to the Partnernet from any other website.

Links from Partnernet

Where Partnernet contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Suspension and Termination

We will determine, in our sole discretion, whether there has been a breach of applicable law and/or these Terms of Use or any other policy referenced herein through your use of the Partnernet. When a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with the Terms of Use upon which you are permitted to use the Partnernet may result in our taking all or any of the following actions:

i) immediate, temporary or permanent withdrawal of your right to use the Partnernet;

ii) immediate, temporary or permanent removal of any posting or material uploaded by you to the Partnernet;

iii) issue of a warning to you;

iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

v) further legal action against you; and/orvi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches applicable law, of these Terms of Use and/or any other policy referenced herein. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate. [TK1]To be confirmed by Michael Scuvée.

Business uses of the Partnernet

If you are using the Partnernet on behalf of a business, that business accepts these Terms of Use. It will hold harmless and indemnify RECARO and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Partnernet or violation of these Terms of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and reasonable attorneys' fees.

Modifying the Partnernet

We are constantly changing and improving the Partnernet. We may at any time add or remove functionalities or features, and we may suspend or stop a service altogether.

Warranties and Disclaimers

The contents displayed on the Partnernet are provided without any guarantees, conditions, or warranties as to its accuracy, reliability, availability or ability to meet your needs. We provide the contents "as is".

To the maximum extent permitted by applicable law, we, other members of our group of companies and any third parties connected to us hereby, as the case may be from time to time, expressly exclude all conditions, warranties and other terms which might otherwise be implied by applicable law (such as any implied warranty of merchantability, fitness for a particular purpose and non-infringement, as the case may be).

 

Limitation of Liability

RECARO is liable for damages caused by slight negligence only if such exist due to the breach of a material contractual obligation in a manner endangering the purpose of the contract. In this case, the liability is limited to the damage which is typical and foreseeable. The latter shall also apply to damages caused by gross negligence of an employee or agent of RECARO, who is not an officer or executive of RECARO.

In all cases set forth in the previous paragraph the liability of RECARO shall be limited per damage event to the maximum amount of €5,000. In all these cases the liability for indirect, incidental, special or consequential damage, lost profit, revenue or goodwill, downtime, business interruption and production failure shall be excluded.

RECARO will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Partnernet or to your downloading of any material posted on it, or on any website linked to it, as the case may be.

The above limitations of liability shall apply to all claims for damages, irrespective of their legal basis, except for:

(i) any mandatory liability under applicable product liability laws;

(ii) injury of life, limb or health;

(iii) willful intent; and

(iv) gross negligence of an officer or executive of RECARO.

The above limitations of liability shall also apply in the case of claims of the user for damages against RECARO's officers, executives, employees or agents, if any.

 

Intellectual property rights / "RECARO" Trademark

a) "RECARO" and the RECARO logo are registered trademarks of RECARO Holding GmbH and are usedunder license.

We are the owner or the licensee of all intellectual property rights in the Partnernet, and in the materialpublished on it. Those works are protected by copyright laws and treaties around the world. All suchrights are reserved.

Using the Partnernet does not give you ownership of any intellectual property rights in the Partnernet or the content you access. Do not remove, obscure, or alter any legal notices displayed in or along with the Partnernet.

b) You may print off one copy, and may download extracts, of any page(s) from the Partnernet for yourpersonal reference and you may draw the attention of others within your organization to materialposted on the Partnernet.

c) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

d) Our status (and that of any identified contributors) as the authors of material on the Partnernetmust always be acknowledged.

e) You must not use any part of the materials on the Partnernet for commercial purposes withoutobtaining a license to do so from us or our licensors under a separate agreement.

f) If you print off, copy, or download any part of the Partnernet in breach of these Terms of Use, your right to use Partnernet will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

About these Terms of Use

We may modify these Terms of Use or any additional terms or policies that apply to the Partnernet to, for example, reflect changes to the applicable law or regulation or changes to the Partnernet. You should look at the terms regularly. We will post notice of modifications to these Terms of Use on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms of Use for the Partnernet, you should discontinue your use of the Partnernet.

These Terms of Use control the relationship between RECARO and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms of Use, and we do not take action right away, this does not mean that we are giving up or waive any rights that we may have (such as taking action in the future).

These Terms of Use and any other document referenced herein and any dispute arising out of or relating to these Terms of Use or such other documents are exclusively governed by the laws of Germany, with exception of its rules of conflict of laws, and the United Nations Convention on Contracts for the International Sale of Goods (CISG), which are hereby expressly excluded.

Should any term, clause or provision contained in these Terms of Use be declared or held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision contained in these Terms of Use. The invalid term, clause or provision shall be replaced by a term,clause or provision with similar economical effects to the purpose the parties would have intended commercially.

For information about how to contact RECARO, please visit our contact page at [?[RDD1] ]. [RDD1]Verlinkung auf Kontaktseite von Partnernetz + auf Impressum (von Website ins Partnernetz übernehmen)