Terms of use

Bosch Limited, Hosur Road, Adugodi, Koramangla-560030, operates a cloud-based digital service platform, CMS (Claims Management System), which is used by Bosch distributors to raise claims for logistics supplies that are damaged, short, or incorrectly delivered. Platform users log into this portal using their respective login IDs to raise a claim, triggering an internal workflow for approval. These terms and conditions govern access to the CMS Platform and the use of the platform services by platform users. The CMS Platform is operated exclusively for businesses within the territory of India.

The CMS Platform is operated exclusively for businesses within the territory of India.

1. Definitions

“Access Credentials” means one or more combinations of usernames and passwords used to access an Account.

“Account” means the authorization of Platform User to access the CMS Platform.

“Affiliated Company” means an entity that controls, is controlled by, or is under common control with a Party, where “control” means the direct or indirect holding of more than 50% of equity ownership or voting rights.

CMS Data Protection Notice means Platform Operator’s standard data protection notice that informs the Platform User the way any Personal Data processed by the Platform is treated.

“CMS Platform ToU” means these terms and conditions governing access to the CMS Platform and use of the Platform Services.

“CMS Platform” means the cloud-based digital information ,logistic claim creation and report downloads, service platform operated by Platform Operator.

“CMS Application” means the description of the technical functionalities of the respective CMS Platform as provided by CMS Platform Provider (e.g. specifications, quantity, performance data, performance period, quality, applicable system requirements).

"Authorized Representatives” means Platform User's employees, consultants, contractors, and agents who are authorized by Platform User to access and use the Offerings under the rights granted to Platform User under this Term of Use. (Platform User shall be responsible for all acts/omission of any of the Authorized Representatives)

"Confidential Information” means all tangible or intangible information which is marked as confidential or which should reasonably be understood to be confidential given its nature and the circumstances of its disclosure, including, without limitation, any information about operational processes, business relationships and know-how including non-public information regarding the availability, performance or functionality of the CMS Platform and the Platform Services.

"Content” means all content available through the CMS Platform, such as software (including source code), software functionalities, APIs, data, text, audio, video or images, including documentation, sample code, software libraries, command line tools, proofs of concept, templates, and other related technology.

"Customer Management” is a Platform Service and means software functionalities provided within the CMS Portal.

"Customer” means CMS Platform customer/user

"Data Protection Legislation” refers to the local national laws, rules, regulations and amendments thereof that govern the processing of personal data in the territory of Nepal.

"First Level Support” is a Platform Service and means the support services provided by Platform Operator to Platform Users pursuant to Sections 9.1 and 9.2.

"Offering Information” means information about the essential features of the respective Offering(information regarding Bosch’s products, reports)

"Offerings” means CMS Platform and Platform Services.

"Party” means, individually, each of Platform User and Platform Operator and “Parties” collectively refers to Platform User and Platform Operator.

"Platform Operator/Provider” means Bosch Limited, Hosur Road, Adugodi, 560030 as the operator of the CMS Platform and provider of the Platform Services.

"Platform Service Description” means the description of the technical functionalities of Platform Service in terms of specifications, quantity, performance data, performance period, quality etc., including details regarding applicable system requirements and – where relevant - technical and organizational data protection measures as well as subcontractors used by Platform Operator and their respective services.

"Platform Services” means the integrated core platform services as further described in Section 6, provided by Platform Operator free of charge and available for use upon successful conclusion of the platform user agreement.

"Registration Data” means any information requested from Platform User during Registration, e.g. company name, address, indirect tax identification number (e.g.GSTIN, PAN), telephone number, e-mail address and other financial, business or tax information.

"Registration” means the registration process set out in Section 4 required to be completed before Platform User's Account is activated.

"SaaS” means a software application or functionality made available for use in a software as a service model.

"Single key id” is a free Platform Service and means an identity management service that enables Customer’s seamless access to CMS Platforms from Customer’s Account.

"Usage Data” means any machine data (e.g. sensor or other machine data), and/or any system data (e.g. log files, information on utilization or availability), automatically transmitted through or generated by the CMS Platform and Platform Services.

"Widgets” are a free Platform Service and refer to SaaS applications which display Integrated Platform Data in a more functional manner giving insights/highlights of critical information.

2. Scope

This CMS Platform ToU apply to Platform User’s access to the CMS Platform and the use of free Platform Services.

Terms and conditions of Platform User –

Do’s
Follow Website Guidelines - Respect the rules and policies set by the website for a harmonious experience.

Verify Information - Ensure the accuracy and reliability of the content before sharing it.

Protect Your Privacy - Safeguard your personal information and use secure passwords.

Use Strong Security Practices - Keep your devices and software updated and use antivirus protection.

Provide Constructive Feedback - Help improve the website by offering suggestions and comments respectfully.

Respect Copyright and IP - Honor the intellectual property of content creators and respect copyright laws.

Report Misconduct - Report inappropriate behavior or content to website administrators or moderators.

Don’t’s
Violate Terms of Use - Respect the rules and policies set by the website.

Spread Misinformation - Avoid sharing false or unverified information that can mislead others.

Overshare Personal Information - Only share necessary personal data on trusted and secure websites.

Click on Suspicious Links - Be cautious of unfamiliar links to prevent falling victim to scams.

Plagiarize - Give proper credit to content creators and obtain permission when using their work.

Engage in Unauthorized Activities - Avoid hacking or engaging in illegal online activities.

Ignore Privacy Settings - Respect others' privacy settings on social media and other platforms.

3. Account, Registration

Access to the CMS Platform requires an Account, which Platform Operator makes available to Platform user upon Registration.
Registration may require the use of an authentication service (e.g. Bosch ID, SingleKey ID, Apple ID or Google account). The terms and conditions of such authentication service are outside the scope of these CMS Platform ToU and Platform Operator is not responsible for such authentication service(s).

Platform User will be asked to provide Registration Data. Registration Data must be provided completely and correctly. Platform User shall keep Registration Data up to date during the usage of this Platform Registration of a legal entity may only be carried out by an authorized representative, who must be named.

To complete the Registration and submit Registration Data, Platform User must accept these CMS Platform ToU.

By providing Registration Data, Platform User submits an offer to Platform Operator to enter into the usage of this platform . The activation of Platform User's Account shall be deemed acceptance by the Platform Operator.

Platform Operator reserves the right to verify the identity of Platform User upon submission of Registration Data or at any later point in time, for example by requiring Platform User’s confirmation via an (i) activation link sent to Platform User's e-mail address, or (ii) a code sent to a mobile phone number submitted by Platform User. Until Platform User has provided the required verification, Platform User’s Account will remain blocked. If Registration is not fully completed or completed incorrectly, Platform Operator reserves the right to delete any incomplete Registration Data.

Platform Operator in its sole discretion reserves the right to reject any Registration.

Accounts are not transferable.

To the extent that Platform Operator offers the corresponding functionality, Platform User may create multiple Access Credentials for Authorized Representatives to permit access to Platform User’s Account. Platform User warrants that all Authorized Representatives provided with Access Credentials will comply with these CMS Platform ToU as amended from time to time and applicable law and that they are authorized to act on behalf of Platform User. Upon establishment of individual Access Credentials for an Authorized Representative, all actions of such Authorized Representative will be attributed to Platform User.

Platform User is obliged to handle all Access Credentials associated with the Account with care, not to disclose them to third parties and not to allow third parties to access the Account. Platform User is liable for all activities that take place using Platform User’s Account and for which Platform User is responsible. Platform User shall immediately change the Access Credentials for Platform User’s Account if Platform User has reason to believe that Access Credentials may have become known to unauthorised persons.

4. CMS Platform Access and Availability

Access to the CMS Platform and the Platform Services is browser-based. In addition, Platform Operator may, at its sole discretion, provide access through a mobile app for use on compatible mobile devices such as smartphones or tablets (if applicable).

Individual functionalities may be restricted depending on the type of access.

5. Platform Services

The type and scope of Platform Services as offered by Platform Operator from time to time are described at and in the Platform Service Descriptions.

Platform Services include the provision of the Single key id, CMS Platforms Integration, First Level Support, Platforms Management, the CMS Portal, Customer Management as well as other Platform Operator Content and Widgets.

Platform Operator may change, supplement or discontinue Platform Services at any time or limit the use thereof to a certain period of time or convert them into Paid Platform Services. Platform Operator shall consider Platform User’s legitimate interests when making changes as contemplated herein.

Platform Operator is responsible for providing and maintaining the technical system requirements necessary in Platform User's sphere of responsibility to access the CMS Platform and use the Platform Services (e.g. necessary hardware, software (e.g. web browser), mobile devices, internet access).

In the event that Platform Operator offers a mobile app to access the CMS Platform and use Platform Services, Platform User may download and install the mobile app on compatible mobile devices such as smartphones or tablets via the respective app store. Details on technical requirements, functionalities and operating instructions are available in the respective app store. The operating instructions serve only to describe the service and contain neither agreements on quality nor guarantees (if applicable).

Platform Operator has the right to have the Platform Services performed by third parties (including Platform Operator’s Affiliated Companies) as subcontractors.

6. Support

Platform Operator provides First Level Support in English hours per day, every day of the week throughout the year (8 hours, 5 days week), available through its helpdesk via e-mail via Mailbox.service2@in.bosch.com

First Level Support comprises receiving email from Platform User regarding access to the CMS Platform and the use of Platform Services as well as from CMS Platform Customers regarding their use of CMS Platforms. Upon receipt, incident reports will be reviewed to determine the service category to which they relate and then forwarded to either Platform Operator’s second level support (for Platform Services) or the respective CMS Platform Provider (for CMS Platforms) for further processing. Platform Operator’s second level support or CMS Platform, respectively, will then be responsible to further analyze and process the incident.

CMS Platform Providers are solely responsible for all incidents, errors, defects or any other issues associated with CMS Platform,and for providing support(application support and new change request) for CMS Platform. Intellectual Property, Usage rights, Platform Operator Content

All rights in the CMS Platform, the Platform Services and Platform Operator Content are exclusively owned by Platform Operator or its licensors and are protected by copyright or other intellectual property rights. The compilation of CMS Platform Content as such is also protected by copyright.

Platform Operator grants to Platform User the limited, non-exclusive, non-sub-licensable, revocable and non-transferable right to access the CMS Platform and use the Platform Services and Platform Operator Content for Platform User’s own internal business purposes, solely in accordance with these CMS Platform ToU, during the term of the Platform User Agreement.

Apart from rights expressly granted herein, no license or other right is granted by Platform Operator to Platform User. Platform User is prohibited from copying, distributing and/or publishing Platform Operator Content.

Platform Operator is the sole owner of Usage Data and may use and exploit it in anonymous form for any purpose in accordance with the applicable statutory provisions.

7. Platform User Content (if applicable)

Platform Operator may enable Platform User to share Platform User Content on the CMS Platform, subject to the following provisions.

Platform User shall not share any Platform User Content which, by its content, form, design or in any other way, violates these CMS Platform ToU, applicable law or regulation, or morality or infringes the rights of third parties.

Platform Operator may prescribe rules of conduct for the sharing of Platform User Content.

By sharing Platform User Content, Platform User grants to Platform Operator a non-exclusive, irrevocable and unlimited right to use, modify and exploit Platform User Content, for the purpose of providing the CMS Platform and the Offerings. The usage right is transferable and sub-licensable to third parties and granted without any geographical restrictions or restrictions in scope. This includes, but is not limited to, the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. The Platform User remains the owner of Platform User Content.

Platform User hereby waives the right to author attribution.

To the extent that Platform Operator expressly offers the option of removing Shared Platform User Content, the aforementioned right of use and exploitation shall expire upon deletion of the relevant Platform User Content by Platform User. However, Platform Operator has the right to retain copies made for backup and/or verification purposes, subject to applicable Data Protection Legislation.

Platform User is responsible for shared Platform User Content. Platform Operator is not responsible for checking the completeness, correctness, legality, quality and suitability for a particular purpose of Platform User Content.

Platform Operator is entitled to refuse sharing of Platform User Content and/or to edit, block or remove Platform User Content already Shared without prior notice if the sharing of Platform User Content by the Platform User or the Shared Platform User Content itself violates these CMS Platform ToU, applicable law or morality or infringes third party rights. In this case, Platform Operator will take into account the legitimate interests of Platform User and choose the mildest means to avert a violation.

8. Third Party Content

CMS Platform and the Platform Services may contain links to or otherwise display or make available Third Party Content.

Platform Operator does not check Third Party Content for completeness, correctness and legality and does not adopt it as its own. In particular, Platform Operator does not check security aspects in relation to Third Party Content. Therefore, Platform Operator does not provide any warranty for the completeness, correctness, legality and currentness of Third Party Content. This also applies with regard to the quality of Third Party Content and its suitability for a specific purpose, and also insofar as it concerns Third Party Content on linked external websites that may be viewed by way of framing.

Platform Operator will, at its sole discretion, investigate reasonable indications of violations of these CMS Platform ToU or any illegality of individual Third Party Content or parts thereof and, if necessary, take appropriate measures to stop such violations. Specifically, Platform Operator will immediately remove illegal Third Party Content as soon as Platform Operator becomes aware of its illegality and insofar as this is technically possible.

9. Prohibited Activities

Platform Users shall use the Platform Services only in compliance with applicable laws and regulations. Any use for other purposes is prohibited. Unauthorized use includes but is not limited to:

a) Offers and promotion of own or third-party paid services or Content other than CMSPlatforms;

b) Offers, promotions and implementation of activities, such as prize competitions, raffles, barter transactions, advertisements or snowball systems;

c) Collecting electronically or otherwise the identity and/or contact details (including e-mail addresses) of Platform Users (e.g., for sending unsolicited e-mails); and

d) exploitation of Platform Services including the Content offered herewith in return for payment.

Platform User shall not use the CMS Platform or the Offerings in violation of these CMS Platform ToU or other applicable terms and conditions of Platform Operator, or any applicable laws or regulations, including, but not limited to copyright or trademark laws, antitrust and competition laws, Foreign Trade Law and Data Protection Legislation.

Any actions that are likely to impair the operation of the CMS Platform or the Platform Services and/or the underlying technical infrastructure are prohibited. This includes, but is not limited to:

e) the sharing of Content that contains viruses, worms, malware, trojans or harmful properties;

f) the use of software, scripts or databases not approved by Platform Operator in connection with the use of CMS Platform or the Platform Services;

g) the automatic reading, blocking, overwriting, modification, copying of data and/or other Content, except as necessary for the proper use of CMS Platform or the Platform Services; and

h) any activity to decrypt, decompile, disassemble, reconstruct, or otherwise attempt to discover the source code, of any software or proprietary algorithms used by Platform Operator to provide the CMS Platform and the Platform Services, except as permitted under mandatory statutory law.

Upon becoming aware of an illegal, abusive or otherwise unauthorized use of the CMS Platform or Platform Services, Platform User shall contact Platform Operator via e-mail to [Mailbox.service2@in.bosch.com]. Platform Operator shall then examine the matter and, if necessary, take appropriate steps.

In the event of significant breaches of duty for which Platform User is responsible, Platform Operator is entitled to terminate Platform User access for cause.

10. Suspension

Platform Operator may suspend Platform User’s access to the CMS Platform and the Platform Services if Platform Operator determines that:

a) Platform User’s use of the CMS Platform or the use of the Platform Services (i) poses a security risk to the CMS Platform and/or the Platform Services and/or a third party; (ii) adversely affects the CMS Platform or the Platform Services or other Platform User’s systems or content; (iii) violates applicable law or third-party rights; (iv) could subject Platform Operator, its Affiliated Companies or third parties to liability for damages; or (v) is fraudulent;

Platform Operator will inform Platform User of a suspension by sending a notification to the e-mail address associated with Platform User’s Account prior to the suspension, unless Platform Operator decides that it must act immediately due to urgency and is therefore unable to send a prior notification to Platform User.

Platform Operator shall lift the suspension as soon as Platform User has resolved the issue that led to the suspension.

11. Term, Termination of Platform User access

The Platform User access is concluded for an indefinite period. It starts with the date of activation of Platform User’s Account and ends upon termination by Platform Operator or Platform User in accordance with the terms below.

Platform Operator may terminate the Platform User access for convenience at any time by giving at least one month’s prior notice to the end of a calendar month

Form of termination

a) Unless a possibility of terminating by means of a dedicated function on the CMS Platform (e.g., in the Account settings) is provided, any termination shall be made in text form (letter, e-mail).

Consequences of termination

b) Platform Operator will de-activate Platform User’s Account as of the effective date of termination, and Platform User will no longer have access to his Account, the Platform Services, and/or Platform User Content.

c) 90 calendar days after the effective date of termination and upon expiry of any mandatory statutory retention periods, Platform Operator has the right to delete the data generated in connection with the Platform User’s Account. For personal data, applicable Data Protection Legislation shall take precedence, which may lead to a shorter retention period.

12. Warranty

Platform Operator does not assume any warranties for defects, including defects of title, for the CMS Platform and the Platform Services, except where Platform Operator has fraudulently concealed the respective defect.

13. Liability

Platform Operator shall be liable in accordance with the statutory provisions (i) in the event of willful misconduct and gross negligence, (iii) to the extent of a guarantee assumed by Platform Operator

Platform operator shall not be liable in case of Operational disruptions caused by force majeure or other unavoidable events beyond Platform Operator’s control

a) which could not be averted with reasonable effort;

b) which could not have been foreseen even when exercising extreme care; and

c) which make Platform Operator’s contractual obligations considerably more difficult or completely or partially impossible, such as strikes, lockouts, exceptional weather conditions, operational or traffic disruptions and transport obstructions, discharge Platform Operator from its contractual obligations for the duration of such event plus a reasonable restart period.

14. Indemnification

Platform User shall defend, indemnify and hold Platform Operator harmless from any third-party claims related to

a) Platform User’s breach of the Platform User access.

b) Any violation of applicable law by Platform User, in particular any infringement of applicable Data Protection Legislation and any violation of Foreign Trade Law;

c) the usage of the CMS Platform and Platform Services by Platform User in a manner which infringes or violates third- party rights;

d) Platform User Content or Third Party Content provided by Platform User;

Platform Operator shall notify Platform User without undue delay and, to the extent permitted under applicable law, leave to Platform User the defense of such claims. Platform Operator will provide Platform User with all reasonable support. In particular, Platform Operator will, as far as possible, provide Platform User with necessary information about the use of the CMS Platform and Platform Services to the extent necessary for Platform User to defend against the third-party claim.

15. Data Protection

The Parties shall comply with applicable Data Protection Legislation and commit their employees having access to any data processed hereunder to data secrecy and confidentiality.

If Platform User processes personal data or allows access to the Platform to its employees, then Platform User guarantees that Platform User is permitted to do so in accordance with applicable Data Protection Legislation, and that Platform User has obtained all necessary consents, authorization and required permissions or has entered into necessary agreements with third parties in a valid manner in order to allow for Platform Operator to perform the tasks hereunder, including any access and processing of personal and other private data of all concerned individuals and/or third parties (e.g. end customers of Platform User or Platform User’s employees) which may be subject to special protection under applicable laws.

Platform Operator shall only process Platform User-related personal data to the extent required to execute its contractual obligations or otherwise permitted by applicable laws and in the manner explained in the Data Protection Notice of the Platform. Platform User acknowledges and confirms the collection and processing of such personal data to this extent. Platform Operator shall transfer the personal data to India as the Platform is administered from India.

The obligations pursuant to Section 15 shall continue to exist as long as personal data of Platform User is in the area of influence of Platform Operator, also after the termination effective date of the Platform User Agreement.

Platform Operator may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about the computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of updates, maintenance and support and other services to you (if any) related to the Solution and/ or the services, and to verify compliance with these Terms of Use. Platform Operator agrees to keep such information confidential and use it only for the purpose of this agreement.

16. Confidentiality

The Parties agree to keep all Confidential Information of the other Party disclosed to them confidential, to only use it in the context of the provision and use of the CMS Platform and the Platform Services and not to disclose it to third parties unless expressly permitted by these CMS Platform ToU.

The confidentiality obligation continues for a period of five years after termination of the Platform User access

The Parties may only grant access to Confidential Information of the other Party on a need-to-know basis to those of their or their Affiliated Companies’ corporate bodies and employees who are subject to confidentiality obligations substantially similar to the confidentiality obligations set out herein and extending beyond - to the extent permitted by employment law - their leaving of the company.

Excluded from the confidentiality obligation is information

a) which was demonstrably already known to the receiving Party at the time of conclusion of the Platform User access without breach of any contractual or statutory duty of confidentiality, or becomes lawfully known to the receiving Party thereafter from a third party without being subject to any duty of confidentiality;

b) which is publicly known at the time of conclusion of the Platform User access or which is made publicly known thereafter, unless this is based on a breach of the Platform User access

c) which has been independently developed by the receiving Party independently of any Confidential Information of the other Party obtained under the Platform User access

d) which must be disclosed due to legal obligations or by order of a court or authority or is disclosed for reasons of legal defense. To the extent permitted and possible, the receiving Party subject to the disclosure obligation will give prior notice to the other Party;

e) which is disclosed by the receiving Party with the prior written consent of the other Party.

17. CMS Changes

Platform Operator may change or amend these CMS Platform ToU at any time with effect for the future if this is necessary due to legal changes or due to functional or technical developments of the CMS Platform or the Platform Services.

18. Applicable law, Place of jurisdiction

The contractual relationships between the Parties shall be governed by the laws of India.

The exclusive place of jurisdiction for any legal disputes arising from or in connection with these Terms of Use shall be Bangalore, India.

19. Final provisions

Legally relevant declarations and notifications to be made to Platform Operator after contract conclusion (e.g., setting of deadlines) shall be made in text form (letter, e-mail) to be effective.

The exclusive language available for contract conclusion shall be English. Translations of these CMS Platform ToU to other languages are for information purposes only. In the event of contradictions between the English text and the translations, the English text shall prevail.

Should any provision of these CMS Platform ToU, be or become invalid or unenforceable, this shall not affect the remaining provisions.