General terms and conditions of use

1. Scope

1.1

Any use of the web pages (Schaeffler website) provided by Schaeffler Nederland B.V. (hereinafter: "Schaeffler") is subject to these Terms and Conditions unless otherwise regulated by the terms of the Schaeffler entity in the respective country. By starting to use the site, the user accepts the validity of these Terms of Use in their current version.

1.2

These General Terms of Use may be supplemented, amended, or replaced from time to time.

2. Content of the Schaeffler Website

Schaeffler has provided non-binding information on its website, along with related documentation and software, which can be requested or downloaded. This provision is free of any commitment and without any guarantee of completeness. Schaeffler may block or modify the Schaeffler website, in whole or in part, at any time without prior notice. Schaeffler accepts no liability for the continuous availability of the Schaeffler website.

3. Usage Rights

3.1

The use of the information, software, and documentation available on the Schaeffler Website is subject to these Terms. If the information, software, and documentation are updated, such modifications will be subject to the applicable license terms previously agreed with Schaeffler. Any separately agreed license terms take precedence over these Terms.

3.2

Schaeffler grants the user a non-exclusive, non-transferable, non-assignable, non-sublicensable right to use the information, software, and documentation available on the Schaeffler Website, as agreed between the parties. If no agreement is reached on this point, then in line with the purpose intended by Schaeffler.

3.3

Software is provided free of charge only in machine-readable form. There is no right to the release of any source code. In the event that the license terms of open-source software take precedence over these Terms and require Schaeffler to make the source code available, the source code will be provided in exchange for a fee to cover costs.

3.4

Unless mandatory provisions state otherwise, the user may not alter, reverse engineer, develop, or remove any part of the software or accompanying documentation.

3.5

The information, software, and documentation are protected by applicable copyright and other intellectual property laws. The user shall comply with such laws. In particular, alphanumeric identifiers, trademarks, or copyright notices may not be removed from the information, software, or documentation or any copies thereof.

3.6

Provisions of applicable copyright law regarding the protection of software are not otherwise affected by this.

 

4. Intellectual Property Rights

4.1

Except for the specific requirements in Section 4 of these Terms, information, trademarks, and other content on the Schaeffler Website may not be modified, copied, reproduced, sold, rented, used, supplemented, or otherwise utilized without prior written consent from Schaeffler.

4.2

Except for the right of use and other rights explicitly granted herein, no additional rights of any kind are granted to the user, particularly rights to trade names or industrial property rights, such as patents, utility models, or trademarks, nor will Schaeffler be obligated to grant such rights.

 

5. Registration and Use of Secured Pages

5.1

Some pages of the Schaeffler Website are password-protected. Access to these pages is only available to registered users for transactional business security purposes. There is no entitlement to be registered by Schaeffler. Specifically, Schaeffler reserves the right to require registration for previously freely accessible web pages. Schaeffler may revoke access rights at any time by blocking the access data without providing any reason, particularly if the user:

  • has provided false information for registration;
  • has violated the Terms of Use or their duty of care regarding the handling of access data;
  • has violated applicable law in accessing or using the Schaeffler Website; or
  • has been an inactive user of the Schaeffler Website for at least 24 months.

5.2

If registration is permitted, the user must provide accurate and correct information and notify Schaeffler immediately of any changes.

5.3

Upon registration, the user will receive a username and password (user credentials). At the time of first access, the user must change the password provided by Schaeffler to a secure password. The user credentials allow the user to view, modify their own data, and, if necessary, renew or withdraw agreements regarding data processing.

5.4

The user must ensure that the user credentials are not made available to third parties and is responsible for all orders and other activities undertaken with the user credentials. After each use, the password-protected area must be exited. If the user becomes aware that any third party is misusing the user credentials, the user shall immediately notify Schaeffler in writing and, if applicable, in advance by email. Upon receiving such notification, Schaeffler will block access to the password-protected area for those user credentials. Removal of any block is only possible after a special request from the user to Schaeffler or after further registration.

5.5

The user may at any time request in writing that any registration be deleted, provided that the deletion is not prevented by the processing of current contractual matters. In such a case, Schaeffler will delete all user data and any other personal data of the user as soon as they are no longer required.

6. References and Links

The Schaeffler Website may contain references and links (hyperlinks) to third-party websites. Schaeffler accepts no responsibility for the content of such websites nor does Schaeffler endorse the content of such websites, as Schaeffler cannot control all the information linked from third-party links and is not responsible for the content and information contained therein. Any use of the linked websites is at the user's own risk.

7. Disclaimer of Liability for Defects Regarding Ownership and Quality, Viruses

7.1

As long as any information, software, or documentation is provided free of charge, any liability for defects regarding ownership or quality of the information, software, and documentation, and particularly for accuracy, lack of defects, and non-infringement of third-party rights or copyrights, completeness, and/or usability, is excluded except in cases of intent or malice. HEREBY, SCHAEFFLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, LEGAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF ANY RIGHT, AND FITNESS FOR A PARTICULAR PURPOSE.

7.2

The information on the Schaeffler Website may contain specifications or general descriptions of technical features of products, which in individual cases (e.g., due to changes in products) may not always be available. The required performance specification of the products must therefore be agreed upon prior to purchase in each case.

7.3

Schaeffler's liability for any defects regarding quality and defects regarding ownership is governed by the provisions in Sections 7.1 and 7.2 of these Terms. All other things being equal, any liability of Schaeffler is excluded unless (i) required by mandatory law (e.g., the 'Product Liability Act'), (ii) due to product liability law, (iii) due to intent or gross negligence, (iv) due to death or personal injury, (v) due to the acceptance of a quality guarantee, (vi) due to deliberate concealment of a defect, or (vii) due to a fundamental breach of contract. Any compensation for a fundamental breach of contract will, however, be limited to typical, foreseeable damage, unless there is intent or gross negligence.

7.4

Schaeffler will strive to keep the Schaeffler Website free from all viruses. However, Schaeffler cannot provide any assurance regarding a virus-free environment. Before downloading any information, software, or documentation, the user must, for their own protection and to prevent viruses from entering the Schaeffler Website, use appropriate security measures and virus scanners. The user is responsible for implementing sufficient procedures and checkpoints to meet their specific requirements regarding antivirus protection and the accuracy of data input and output, and for maintaining an external tool for recovering any lost data.

7.5

No reversal of the burden of proof shall be assumed by any of the above provisions.

 

8. Usage Obligations

8.1
With respect to the Schaeffler Website, the user is not permitted to:

  • cause any harm or injury to individuals, particularly minors, or infringe upon their right to privacy;
  • act contrary to public morals by the manner of use;
  • violate industrial property rights or copyrights or other proprietary rights;
  • transmit any content containing viruses or so-called "Trojan Horses" or other programming that may be harmful to software;
  • provide, store, or transmit hyperlinks or content where not permitted, particularly when such hyperlinks or content infringe a confidentiality obligation or are unlawful ; or
  • distribute advertising or unsolicited emails (so-called "spam") or irrelevant warnings about viruses, malware, or similar, or solicit participation in gambling activities, games, chain letters, pyramid schemes, or other similar actions;
  • engage in any other behaviour that limits or hinders another's use or enjoyment of the Website, or behaviour, as determined by Schaeffler, that may cause damage to Schaeffler or users of the Website or expose them to liability;
  • use the Website in a manner that could disable, overload, damage, or impair the site or impede the use of the Website by another party, including their ability to participate in real-time activities via the Website.

8.2
Schaeffler may block access to the Schaeffler Website at any time, particularly when the user breaches their obligations under these Terms.

9. Export Conditions

The transfer of information, software, and documentation may be subject to applicable legal provisions for exporting data, in particular, but not limited to the laws of the EU or its Member States or the United States, regarding the nature, purpose of use, or end use. The user confirms that they will comply with applicable export control laws at all times.

10. Protection of Personal Data

Schaeffler will comply with applicable data protection regulations when collecting, using, and processing personal data of the user, which can be reviewed on the Schaeffler website.

11. Joint Agreements, Competent Court, Applicable Law

11.1

Any joint agreement regarding these Terms of Use, including any amendments to this clause, must be made in writing.

11.2

The competent court is the statutory seat of Schaeffler Nederland B.V.

11.3

The individual pages of the Schaeffler Website are operated by and under the responsibility of Schaeffler. These pages comply with the requirements of the specific country where Schaeffler Nederland B.V. has its statutory seat. Schaeffler accepts no responsibility for the possibility that the information, software, and/or documentation from the Schaeffler website may be requested or downloaded from locations outside the respective country. If users from countries outside the respective country use the Schaeffler Website, they are responsible for complying with the applicable regulations of the respective country. Access to information, software, and/or documentation from the Schaeffler Website is not permitted in countries where access is illegal. In such cases, and if the user wishes to contact Schaeffler commercially, the user should contact Schaeffler representatives in the respective country.

11.4

These Terms, as well as the use of this website, are governed by the laws of the seat of Schaeffler Nederland B.V.