Modified: August 2024
1.1 These terms and conditions of use ("Terms and Conditions of Use") shall apply for the use of the PRO360 app and services ("PRO360"), an offering provided by Robert Bosch (Australia) Pty of 1555 Centre Rd, Clayton VIC 3168 Australia ("Provider"), by registered commercial customers ("Commercial Customer") and by registered consumers ("End User") (also jointly referred to as "Users") and shall take priority over all other conditions. Detailed information on the Provider can be found in the legal notice.
1.2 Any terms and conditions of the Commercial Customer or third party which diverge from or conflict with these Terms and Conditions of Use shall not apply, even if the Provider does not expressly oppose Terms and Conditions of Use.
1.3 Individual agreements with the User (including ancillary agreements, additions and alterations) shall always take priority over these Terms and Conditions of Use.
1.4 The language available for the conclusion of the agreement is English.
1.5 Users can view and print the applicable Terms and Conditions of Use.
2.1 Once the User has completed the registration process and the Provider has activated a user account, a user agreement between the Provider and User comes into effect ("User Agreement").
2.2 If the Commercial Customer is a natural person, he or she warrants that he or she is legally in a position to conclude an agreement (e.g. is not underage). If a person concludes this User Agreement as a representative of a legal entity, e.g. of the business for which the person works, this person assures the Provider that the legal entity is organised in accordance with the regulations under the law of the country in which it is incorporated or registered and that the person is authorised to represent the legal entity.
2.3 After entering into the User Agreement, the User can use and book various services ("Services"), namely the following:
a) Free of charge services ("Basic Services"),
3.1 The Services available via PRO360 include, e.g. Product registration, guarantee extension, registration for promotions, software functions, data, posts, image and audio documents, information and other content ("Content").
3.2 The nature and scope of the Services provided, as well as details about their technical requirements and availability, are specified in the relevant service description under Service description. The service description shall only be used for the service specifications and does not include quality agreements or guarantees.
3.3 Access to PRO360 and these Services shall be either via a browser on a domain ("Website") or as an app for use on compatible mobile devices such as smartphones or tablets ("App"). Individual features of the Services may be restricted depending on access options.
3.4 Availability:
a) The Provider shall make every effort to ensure uninterrupted availability of the Basic Services to the extent possible within the scope of its technical and operational capabilities; however, Users shall not be entitled to uninterrupted use. It cannot be guaranteed that access to, or use of, the Basic Services will not be interrupted or impacted by maintenance work, further developments, or other disruptions.
4.1 Access to PRO360 and use of the Services require a user account, made available to the User by the Provider (Section 5).
4.2 The User is responsible for ensuring that the technical requirements (particularly in terms of required hardware, web browser, mobile device, Internet access) for use of the Services in accordance with the agreement are met and maintained within the User's area of responsibility.
4.3 In order to be able to use the Services via the App, the User must download and install the App on their smartphone or tablet. The App is available for Android and iOS devices and must be installed via the relevant app store. Details regarding technical requirements, functions and operating instructions can be found under Service description. The operating instructions shall only be used for the service specifications and do not include quality agreements or guarantees.
4.4 Some Services may require special, compatible hardware which must be linked to the App and to the user account. These Services are specified in our Service description. If the User is no longer authorised to use the hardware (e.g. due to transfer), they are obliged to disconnect the hardware.
5.1 Registration is completed the first time the App is started or alternatively via the Provider's Website and requires use of an authentication service (e.g. SingleKey ID). Different contractual conditions shall apply here, which must be accepted by the User separately during registration for the authentication service.
5.2 In connection with entering the login data for the authentication service, the User will as necessary be asked to submit personal data, e.g. name, address ("Registration Data"). This Registration Data must be complete and correct and must always be kept up to date. Only an authorised natural person may register a legal entity and that person must be mentioned by name.
5.3 In order to complete the registration process and submit the Registration Data, the User must agree to the validity of these Terms and Conditions of Use .
5.4 In submitting the Registration Data, the User makes an offer to the Provider to enter into the User Agreement on the basis of these Terms and Conditions of Use . The User’s offer is accepted by the Provider via an e-mail confirmation and activation of the user account.
5.5 The Provider shall reserve the right to verify the identity of the User straight after submitting the Registration Data or at a later point in time, by clicking on an activation link which is sent to the User's e-mail address or by entering a code which is sent to the User's mobile phone number. The user account remains locked until the User provides the necessary verification. If the registration is not completed, the Provider shall reserve the right to delete the incomplete user account.
5.6 There is no entitlement to registration. The Provider can decline a registration within a reasonable period of time and without stating the reasons for doing so.
5.7 Each natural person is only permitted to register once with a user account. User accounts are non-transferable.
5.8 If feasible, the Commercial Customer is authorised to create several Users under their one user account or carry out registrations for its customers. Each additional User is issued individual access data, which can be linked with an authentication service. The Commercial Customer guarantees that all Users shall comply with these Terms and Conditions of Use in the current applicable version and that all Users will act in the name of the Commercial Customer and in accordance with all applicable laws. When a User is set up, all of the User's activities are assigned to the Commercial Customer.
5.9 The User is obligated to handle the access data carefully, not pass it on to third parties and/or not allow third parties to gain access to the user account by bypassing the access data. The User shall be liable for all activities that take place using their user account and for which the User is accountable. The User shall change the password for their user account immediately, should there be reason to believe that their access data is known to unauthorised persons.
6.1 Taking the following regulations into account, the Provider can allow the User as necessary to post, upload, save, create, share, send or display their own Content ("User Content") and make it available to third parties – (known as "Submission").
6.2 The User undertakes to refrain from submitting User Content which, in terms of content, type, design or in any other way, violates the Terms and Conditions of Use, current laws, accepted principles of morality or third-party rights. The user assures that he is the sole owner of all rights to the content transmitted by him to the provider, or that he is otherwise authorized (e.g. by an effective permission of the rights holder) to transmit the content to PRO360 and to grant the rights of use and exploitation as described above.
6.3 The Provider can define rules of conduct for the Submission of User Content, as well as for communication and interaction with other Users.
6.4 For the purposes of providing PRO360 and the Services provided via it, the User shall grant the Provider a simple, irrevocable, free-of-charge right of use, which is transferable to third parties and has no restriction on time or location, by submitting User Content. This includes in particular the right of reproduction, the right of distribution and the right to communication to the public, especially the right to making accessible to the public. The User Content shall remain the property of the respective User.
6.5 The provisions of Section 15 shall take precedence for personal User Content.
6.6 The User foregoes the right to be named as author.
6.7 Where the Provider expressly offers the option to remove submitted User Content, the above rights of use and exploitation shall lapse when the User Content is erased. However, the Provider remains entitled to retain copies created for the purposes of data back-up or evidence, while respecting data protection.
6.8 The User shall be responsible for the User Content they post. The Provider shall not check User Content for completeness, accuracy, lawfulness, up-to-dateness, quality or suitability for a particular purpose.
6.9 The Provider shall be entitled to reject the posting of User Content and/or to edit, block or remove User Content already posted without prior notice, where the posting of User Content by the User, or the posted User Content itself, violates these Terms and Conditions of Use , the code of conduct or statutory regulations, or where the User has otherwise culpably breached its contractual obligations. In doing so, the Provider shall give consideration to the legitimate interests of the User and select the least stringent means of defence against the violation. The Provider shall notify the User of said measures via e-mail.
7.1 All rights to the Provider's Services and their content ("PRO360 Content") are the exclusive property of the Provider or its licensors and shall be protected by copyright or other intellectual property rights. The composition of PRO360 Content is therefore also protected by copyright.
7.2 PRO360 Content shall only be accessed online and displayed for the User's own purposes for the term of the User Agreement. The User is prohibited from reproducing, distributing and/or publishing PRO360 Content.
7.3 If PRO360 is used for a commercial or professional activity, the Commercial Customer may use the PRO360 Content available via PRO360 exclusively for their own internal business purposes. Any further commercial use of the available PRO360 Content is prohibited (see also Section 10).
8.1 Under some circumstances, PRO360 and the Services contain links to content that is not provided exclusively by the Provider, but by Users, partners or third parties (referred to collectively as "Third-Party Content").
8.2 This may also include the option to connect the user account or the Services to Third-Party Content that is part of an application offered by a third party (e.g., a third-party app) ("Third-Party Services"). Where the User uses Third-Party Services, the User shall be responsible for any associated costs and for compliance with the terms and conditions applicable to the Third-Party Services.
8.3 The Provider does not check the completeness, accuracy or lawfulness of Third-Party Content or Third-Party Services, and does not endorse said content or services. In particular, the Provider does not review any security-related aspects in connection with Third-Party Content or Third-Party Services. Consequently, the Provider does not guarantee the completeness, accuracy, lawfulness or up-to-dateness of Third-Party Content or Third-Party Services. This also applies with regard to the quality of Third-Party Content and Third-Party Services and their suitability for a particular purpose, as well as – where Third-Party Content is located on linked external websites – to Content that can be viewed by means of framing.
8.4 At its own discretion, the Provider shall pursue any justified reports of breaches of these Terms and Conditions of Use or any unlawfulness of particular Third-Party Content or Third-Party Services (or parts thereof) and take appropriate action to resolve this if required. In particular, the Provider shall immediately remove unlawful Third-Party Content as soon as the Provider becomes aware of its unlawfulness and insofar as this is technically possible.
9.1 The Services available via PRO360 are intended exclusively for lawful use by the User. Any use for other purposes is prohibited, unless such a use has been expressly agreed in advance and in writing by the Provider. Unauthorised use includes:
a) Offers and advertising for paid Content and services, both the User's own and those of third parties.
b) Offers, advertising and activities, such as competitions, prize draws, exchange deals, advertisements or multi-level marketing schemes.
c) Collection – digitally or otherwise – of identity and/or contact data (including e-mail addresses) from Users (e.g. in order to send unsolicited e-mails).
d) The exploitation of Services available via PRO360, including their associated Content, for a fee.
9.2 The User is prohibited from performing any activities on PRO360 and in connection with the use of its Services should they violate these Terms and Conditions of Use, current laws or accepted principles of morality. The User undertakes in particular to observe current laws and to refrain from violating any third-party rights.
9.3 Any action that shall likely adversely affect the operation of PRO360, its Services and the relevant technical infrastructure is also prohibited. These include in particular:
a) Sending Content with viruses, worms, malware, Trojans or malicious elements.
b) Using software, scripts or databases which have not been approved by the Provider in conjunction with the use of PRO360 and its Services.
c) The automatic read-out, blocking, overwriting, modification, copying of data and/or other Content, provided that this is not required for the proper use of PRO360 and its Services.
d) Decoding, decompiling, disassembling or reconstructing the source code, any software or proprietary algorithms in use, or attempting to find out about them in any other way, unless such is permitted on the grounds of mandatory inalienable regulations.
9.4 Should the User become aware of any use of the Services that is illegal, classified as misuse, contrary to contractual provisions or unauthorised in any other way, the User can contact by e-mail via [customerservice.pt@au.bosch.com]. The Provider shall then check the activity and introduce appropriate steps, where necessary.
9.5 In the event of considerable breaches of obligations, where the User is accountable, the Provider is entitled to terminate the User Agreement for good cause in accordance with Section 11.
10.1 The Provider can block User access to PRO360 and/or Services, if the Provider determines that
a) the use of PRO360 and/or use of the Services (i) present a security risk for PRO360 and/or the Services and/or a third party; (ii) have an adverse effect on PRO360 and/or the Services or the systems or Content of another User; (iii) violate current laws or third-party rights; (iv) could make the Provider, its associated businesses or third parties liable for damage; or (v) is fraudulent.
b) the User is in breach of these Terms and Conditions of Use;
c) the User is in default of payment for more than 30 days.
10.2 The Provider shall inform the User of the intention to block by sending notification to the e-mail address associated with the User account before blocking access, unless the Provider has to act immediately for urgent reasons and is therefore unable to give prior notification to the User.
10.3 The block will be lifted as soon as the User has resolved the issue which led to access being blocked.
10.4 The Provider's right to block the User's access to PRO360 and/or the Services is in addition to the Provider's right to terminate these Terms and Conditions of Use as stipulated in Section 14 and pursue other claims available to the Provider under current law.
11.1 As a consumer, the End User shall have the right of cancellation in accordance with the guidelines set out in Section 11.3.
11.2 The right of cancellation shall expire for agreements on the provision of Services also under the following conditions:
a) In the case of an agreement which does not obligate the End User to make a payment if the Provider has rendered the Service in full.
11.3 The right of cancellation shall expire for agreements on the provision of digital content not stored on a physical data carrier, also under the following conditions:
a) In the case of an agreement which does not obligate the User to make a payment if the Provider has started performance of the agreement.
b) In the event of cancellation, Section 12.5 shall apply with the necessary changes.
12.1 Term of agreement
a) The User Agreement is entered into for an unlimited time. This time period starts on the date of registration and ends when termination by the Provider or User comes into effect.
b) The term of the Premium Services is as specified in the Product Information.
12.2 Ordinary termination
a) The Provider can ordinarily terminate the User Agreement at any time with a termination notice period of one month.
12.3 The right to give notice of termination for good cause by both parties shall remain unaffected.
12.4 Format of termination
a) If there is no option to terminate the User Agreement via a delete function in PRO360 (e.g., in the user account settings, "Unsubscribe" function), notice of termination must be submitted in written form (e.g., via letter or e-mail).
b) Uninstalling the App does not constitute termination of the User Agreement. Any obligations to the Provider to pay agreed user charges for Premium Services shall remain unaffected by the uninstallation of the App.
12.5 Consequences of termination
a) If the User Agreement for Basic Services is terminated, the user account shall be blocked as soon as the Agreement ends and the User shall no longer have access to their user account, the Services or the User Content.
b) Where a User Agreement is terminated, the Provider shall be entitled to irretrievably erase the data generated in connection with the user account following a period of 30 calendar days after the termination becomes effective, subject to the expiry of any statutory retention periods. For personal data, the regulations on data protection shall take precedence, which may have an even shorter deadline for deletion.
c) The User is obliged to export and back up their data and User Content independently in good time before the end of the User Agreement or expiry of the above deadline.
13.1 As far as the Services are provided free of charge, and to the maximum extent permitted by law:
a) the Services are provided on an "as-is" basis and Provider makes no warranties as to the performance of the Service; and
b) Provider assumes no liability for damages resulting from the use of the Service, except in cases of gross negligence and/or intent.
13.2 The aforementioned limitations of liability shall also apply if the damage is the fault of a vicarious agent of the Provider, and for the personal liability of the Provider's employees, representatives and executive bodies and for claims for the reimbursement of expenses.
In the event of a claim due to a supposed or actual infringement of rights and/or the infringement of rights of third parties, to the maximum extent permitted by law, the User shall relieve the Provider from all third-party claims, including any resulting damage (e.g. costs for adequate legal defense), which occur as a result of acts on the part of the User in connection with the use of PRO360 and its Services, unless the User is not responsible for the infringement.
15.1 All information about the processing of personal data can be found in the Provider's Data Protection Notice. This is available under Data Protection Notice.
15.2 If the commercial customer carries out registrations for its customers in accordance with section 5.8, it is obliged to obtain any necessary consent and to provide these customers with the data protection information provided within their user account prior to registration.
16.1 The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at http://ec.europa.eu/consumers/odr/. The Provider's e-mail address is [customerservice.pt@au.bosch.com].
16.2 Complaints, appeals, issues and remarks may be asserted or lodged to the contact details set out in the legal notice.
17.1 The Provider shall be entitled to refuse to perform the agreement if such is restricted or prohibited by foreign trade regulations (particularly the applicable national and international [re-]export control and customs regulations, including embargoes and other state sanctions) which, in accordance with these regulations, apply to this agreement (hereinafter referred to as "Foreign Trade Regulations"). In these instances, each party is entitled to terminate the User Agreement to the necessary extent. If partial delivery is excluded for technical or legal reasons or one party has no interest in a partial delivery, the termination shall lead to the cessation of the entire agreement.
17.2 If performance of the agreement is delayed due to requirements for authorization, permits or similar in accordance with Foreign Trade Regulations (hereinafter jointly referred to as “Authorization”), then any agreed dates and deadlines for delivery shall be extended/postponed accordingly; the party's liability in relation to the delay shall be excluded. In the event that Authorization is denied or is not granted within three (3) months of the application being submitted, each party shall be entitled to terminate the User Agreement, at least to the extent that performance of the agreement is dependent on Authorization. If partial delivery is excluded for technical or legal reasons or one party has no interest in a partial delivery, the termination shall lead to the cessation of the entire agreement.
17.3 The Provider and the Commercial Customer shall inform each other immediately they become aware of Foreign Trade Regulations that may lead to the limitations, prohibitions or delays specified in Section 20.1 and Section 20.2.
17.4 The Commercial Customer is obligated to make available to the Provider upon request all information and documents that are required to comply with the Foreign Trade Regulations or are requested by authorities in relation to these. These obligations may, in particular, include details regarding the end customers, the destination and the intended use of PRO360, the Services or the products. The Provider shall be entitled to withdraw from any agreements or refuse to perform the service if the Commercial Customer fails to supply this information and these documents to the Provider within a reasonable period of time.
17.5 If the Commercial Customer transfers PRO360, Services or products to a third party (including companies affiliated with the Commercial Customer), the Commercial Customer undertakes to comply with the Foreign Trade Regulations. If the Commercial Customer infringes this obligation, the Provider is entitled to refuse to fulfil the agreement or to terminate this agreement for good cause.
17.6 The Provider's liability for losses in relation to or attributed to the refusal to fulfil the agreement or owing to a termination of the User Agreement in accordance with Section 20.1, 20.2, 20.4 and 20.5 is – to the extent permitted by law – excluded.
17.7 Digital products (incl. the corresponding expertise, technology or data) are provided across customs borders in electronic form.
18.1 The Provider is authorised to amend or add to these Terms and Conditions of Use at any time with immediate effect, if required as a result of legislative changes or because of functional or technical advancements or other foreseeable reasons for changes to PRO360 or its Services.
18.2 Any change or addition shall be reported to the User at least 60 days before it comes into effect by means of a durable medium (e.g. an e-mail or paper copy). If the User neither accepts nor objects to the change or addition within 30 days of notification of the change or addition, the Provider has the right to extraordinarily terminate the agreement with a notice period of 30 days.
18.3 Editorial changes to these Terms and Conditions of Use , i.e. changes which do not affect the User Agreement, such as the correction of typing errors, shall be made without notifying the User.
19.1 Updates
a) The Provider may provide updates regarding the Basic Services in order to close security loopholes or rectify errors, for example. The User shall be responsible for installing updates immediately and updating the operating system on their device, if required for updating the Basic Services.
b) The statutory regulations on update obligations apply with regards to the Premium Services. The Provider shall inform the User in good time of the provision of such updates and of the legal consequences of not performing the installation within a reasonable time.
c) The Provider is authorized to download and install security updates directly, e.g., to maintain product or data security, regardless of the User's settings. If the Provider is to perform a security update, it shall inform the User about this.
19.2 Change to Services
a) The Provider shall be entitled to change, supplement or discontinue the Basic Services at any time, to restrict the use of the Basic Services to a particular period of time or make them available for a fee. The User shall not be entitled to retain specific Basic Services or parts thereof. The Provider shall, in each case, make every effort to give consideration to the User's legitimate interests. The User's claims to provision of the Basic Services for reasons outside these Terms and Conditions of Use (e.g. resulting from the procurement of hardware that relies on the Basic Services running) shall remain unaffected. Where the User is entitled to such claims to the provision of the Basic Services, Section 22.2b) to Section 22.2d) shall apply accordingly to any changes.
b) Section 22.b) to Section 22.2d) shall also apply to any changes to the Terms and Conditions of Use required for good reason in connection with this.
20.1 The laws of the Victoria, Australia with the exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply.
21.1 Disruptions caused by unavoidable events which (i) are outside the Provider's control, (ii) could not have been avoided by reasonable means, (iii) were not foreseeable even with reasonable diligence, and (iv) substantially complicate, or wholly or partly render impossible, the Provider's obligations under these Terms and Conditions of Use , such as strikes, blockades, failure of the public power supply network, internet outages, Bitcoin system outages, exceptional weather conditions, operational or traffic disruptions and obstacles to transportation, ("Force Majeure") release the Provider from its obligations under these Terms and Conditions of Use for the duration of the event plus a reasonable start-up period.
21.2 Declarations and notices which are of legal relevance and are submitted to the Provider after the agreement has been concluded (e.g. the setting of deadlines), will be deemed effective only if made in writing (letter, e-mail).
21.3 Should any provision of these Terms and Conditions of Use be or become invalid or unenforceable, this shall not affect the remaining provisions.
Robert Bosch (Australia) Pty Ltd