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The Mercedes-Benz Trucks Service Info Portal platform (hereinafter referred to as "RMI PORTAL") is an information and trading platform that provides an overview of and access to repair and service information and Mercedes-Benz Trucks genuine parts. The customers will have access to the online sales of Mercedes-Benz Trucks genuine parts, which is provided via the WebParts system (hereinafter referred to as "WebParts"). WebParts gives customers the opportunity to research Mercedes-Benz genuine parts independently, generally around the clock, seven days a week, as well as to view prices and availability of genuine parts and order them from their authorized Mercedes-Benz Trucks partner. In addition, WebParts offers customers further advantages such as access to sales activities of your Mercedes-Benz authorized partner as well as order management including templates. In addition, the customers get access to the online distribution of repair and service information, which is carried out via RMI PORTAL. In RMI PORTAL authorized customers can order different workshop solutions (repair and maintenance information, diagnostic solutions, workshop equipment).
The provider of the RMI is Snap-on Business Solutions GmbH with registered office in Strassheimer Straße 33, 61169 Friedberg, Germany (hereinafter referred to as called "SBS").
The systems belong to and are technically supported by Daimler Truck AG (DTAG). The systems are offered and intended exclusively for commercial customers, i.e. for B2B and independent contractors who carry out repair and maintenance services for motor vehicles (hereinafter referred to as "Customers"). The use of the systems by end customers and consumers is expressly not permitted.
The usefulness of the systems also depends on their availability in each country. In addition, the customers must belong to the authorized group of persons of the respective system. The sole acceptance of these terms of use does not imply any claim by the customer to the provision of all the above-mentioned systems.
These terms of use define the rules of use of the systems by the customers. The Provider reserves the right to change, delete or supplement these Terms of Use and the information on the RMI PORTAL platform at any time without prior notice.
Technical requirements, registration and accounts
In order to use the systems, Customers only need a standard PC/laptop and a browser compatible with modern web standards
Registration and account creation which is required for access to and use of the systems, takes place via the system UMAS of DTAG – the terms of use there apply.
Availability of the services
The systems have an availability of 24 hours a day. However, there may be interruptions in availability due to maintenance required for the website. Interruptions in availability may occur due to force majeure or other causes beyond the control of the provider, such as intent or gross negligence.
The provider points out:
that it is technically impossible to make the systems available free of errors of any kind and that the provider therefore assumes no responsibility whatsoever,
that errors can lead to temporary shutdown of the Systems,
that the availability of the systems is dependent on conditions and performance beyond the control of the provider, such as transmission capacity and telephone links between the various parties involved. We are not responsible for disruptions falling within this area.
Mandatory instructions for use
RMI PORTAL provides a service that allows the customer to create customer vehicles to enable quicker location of parts and technical information matching the customer vehicle. By accepting these terms of use, the customer agrees to provide the end customer with a legal basis for processing the FIN/VIN of the customer vehicle, the vehicle registration number and the customer Name.
Copyright and database rights
All content included in or provided by the systems, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, is the property of DTAG or third parties who supply content or make content available on the website and is protected by German copyright and database right.
The entire content contained in or provided by the systems is also the exclusive property of DTAG and is protected by German copyright and database law.
Customers may not systematically extract and/or reuse parts of the systems without our explicit written permission from DTAG. In particular, they may not use data mining, robots or similar data collection and extraction programs to extract any essential parts of the systems for reuse (whether once or several times) without the explicit written permission of DTAG. Furthermore, you may not create and/or publish your own database containing essential parts of the systems without the explicit written permission of DTAG.
Publisher are independent operators directly or indirectly involved with motor vehicle repair and maintenance, who provide technical information licensed from Daimler Truck through their own solutions. For avoidance of doubt, to get access to the Original Information (XWIS, XOT, PI), the Publisher must have been successfully verified as a Publisher by signing a contract.
If users of a verified Publisher purchase time slides via the Publisher segment of the Service Information Mercedes- Benz Trucks Portal Section 5.3 does not apply to the Publisher.
The following applies to Publisher:
DTAG hereby grants the Publisher the non-exclusive and non¬ transferable right to make use of the Original Information for publications inside the Publisher's application(s) and to use extracts of it. This does not include the right to make copies of individual parts of the Original Information as a whole or to distribute such parts. The Original Information shall not be used in any other manner according to the provisions of this Agreement.
The right to use the Original Information includes the right to edit for the own purpose of the Publisher insofar as it is necessary for the intended use of the data. The Publisher is aware of the fact that any changes to the Original Information may lead to wrong instructions for repairs which may result in serious damage. The Publisher shall be solely responsible for any consequences of this kind.
Publisher is entitled to make the Original Information usable within Publisher's application. Beyond this scope, it is not permitted to pass on the Original Information or data generated using Publisher's application on the basis of the Original Information to other parties ("Third Parties") without DTAG's consent.
Claims from intangible property rights
DTAG respects the intangible property rights of third parties. If you are of the opinion that your intangible property rights have been used in a way that gives cause to fear an infringement, please follow our procedure for notifying DTAG of an infringement.
Liability
The provider always endeavours to ensure that the systems are available without interruption and that transmissions are error-free. However, due to the nature of the Internet this cannot be guaranteed. Access to the systems by the customer may also be interrupted or restricted occasionally to enable repairs, maintenance or the introduction of new equipment. The providers will attempt to limit the frequency and duration of any such temporary interruptions or restrictions.
The provider is fully liable for systems offered by him, if the cause of damage is based on an intentional or grossly negligent breach of duty by the provider or a legal representative or vicarious agent of the Provider.
Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Links to other websites
For links that are not operated by the providers and are located on their website, the provider has no possibility to control the content of this website, as it is completely independent from the Provider.
For this reason, the providers do not accept any responsibility for the contents of these websites and the consequences of their use by visitors to these websites. Accessing all websites accessible via links is at the user's own risk. There is no separate notice when users leave the website. ISP users are requested to inform the provider immediately about illegal and dubious contents of the linked Website.
Other websites may have a link to the websites of the provider. Such a link requires the prior consent of the Provider.
The terms of use there apply to the services of the websites of the links provided by the provider to the Domenikss products.
Changes to the terms of use
The providers reserve the right to make changes to the systems as well as to rules, conditions and regulations including these terms of use at any time. They are subject to the general terms and conditions, contractual conditions and terms of use which are in force at the time that the customers use the systems. If any of these terms and conditions shall be deemed invalid, void or for any reason unenforceable, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Place of jurisdiction and applicable law
Differences of opinion and disputes arising from these terms of use shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
The sole place of jurisdiction is the registered seat of the Provider.
Final provisions
In the event of a violation of these terms of use, the provider is further entitled to exercise your rights at every opportunity in which the customer violates these terms of use.
The provider reserves the right to make changes to the systems, regulations, conditions including these terms of use at any time. If any provision of these Terms of Use is invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The invalidity of a provision shall not affect the validity of the other provisions of these Terms of Use. Should this case occur, the provision shall be replaced by another legally admissible provision that corresponds to the meaning and purpose of the invalid provision.
