The following Terms of Use regulate the relationship between Mercedes-Benz AG, as the provider ('Provider') of the operating fluids application module ('BEAM'), and the users of the platform ('User'). The use of BEAM is only permitted if User accepts these Terms of Use. Any reference to the masculine gender within these Terms of Use will be taken to include the feminine.
1.Registration
(1)Prior registration is required before BEAM can be used.(2)When registering, User is obliged to supply all mandatory information truthfully. All mandatory fields must be filled in completely.
(3)User will receive a user ID and password in order to use BEAM. The corresponding internet address (URL) will also be made available to User.
(4)User undertakes to change his password when logging in for the first time, and to store the new password securely, keep it secret and not pass it on to unauthorized third parties.
(5)The registration itself and access to BEAM are free of charge, however the approvals and processes applied for via BEAM are subject to charges in accordance with the information provided in the respective BEAM forms. All the process data and annual reports transmitted via BEAM are valid without signature and legally binding, with the exception of the approval undertaking and the MB-Approval Certificate, and give rise to the costs listed in the respective BEAM forms.
2.Services offered by Provider
(1)The operating fluids application module (BEAM) is used solely to receive MB-Approval applications. Provider permits User to apply for MB-Approvals via this online portal within the framework of these Terms of Use. To this end, Provider provides User with a free-of-charge platform, insofar as this is economically and technically feasible. Provider will make every effort to maintain the availability of the service, but does not assume any additional performance obligations. In particular, User does not have the right to demand that the service is constantly available. Maintenance work, upgrades or breakdowns can restrict or intermittently interrupt access to the service.(2)Provider reserves the right to modify the services offered. No right to be granted access to BEAM exists, and Mercedes-Benz AG can, in particular, suspend its operation of BEAM or ban User from accessing BEAM at any time.
(3)Provider assumes no responsibility for the correctness, completeness, reliability, currency or usability of the content provided.
3.Duties of User
(1)User bears sole responsibility for his use of BEAM.(2)User will inform Mercedes-Benz AG without undue delay if he becomes aware that his password is known by unauthorized third parties. If, through the fault of User, third parties use the password to apply for services in BEAM, User will be liable to Mercedes-Benz AG for costs and compensation.
(3)User undertakes to use the portal solely for its intended purpose.
4.Confidentiality
(1)Mercedes-Benz AG will treat as confidential all information provided by you as User.(2)Access to the information provided by User is provided solely to User, and legitimate representatives and authorized employees of Mercedes-Benz AG. In individual cases where valid reasons exist for this, access may also be granted to the software supplier and website service provider, who will be bound to secrecy accordingly by Mercedes-Benz AG.
5.Data Protection/Data Security
(1)Mercedes-Benz AG's general guidelines on data protection apply. These can be found on the BEAM home page.(2)All data is transmitted over the internet in encrypted form (SSL).
6.Disclaimer
(1)Mercedes-Benz AG accepts no liability and provides no warranty in respect of loss or damage resulting from the use of the BEAM application. This disclaimer does not apply- in cases of liability due to intent,
- where loss or damage due to death or personal injury arises as a result of negligent dereliction of duty on the part of Mercedes-Benz AG, or a deliberate or grossly negligent dereliction of duty on the part of a statutory representative or agent,
- where loss or damage has been caused by Mercedes-Benz AG through gross negligence or by a statutory representative or agent through intent or gross negligence,
- in cases of liability due to the breach of such contractual duties as are indispensable for achieving the objective of the contract (cardinal duties). Where cardinal duties are breached as a result of ordinary negligence, liability will be limited to the typical damage which is foreseeable at the time the contract was formed.
(2)Mercedes-Benz AG's general guidelines regarding the disclaiming of liability furthermore apply. These can be found on the BEAM home page.
7.Termination
(1)User can terminate his membership at any time by sending an informal email to operatingfluids@mercedes-benz.com .(2)Provider is entitled to terminate User's membership if, for example, User breaches these Terms of Use or has not made any applications for MB-Approvals within 12 months of registering for the service.
8.Changes to the Terms of Use/Changes to the Service
(1)Provider is entitled to make changes to the service it offers or to suspend the service.(2)Provider reserves the right to alter these Terms of Use with prospective effect. In this event, we will inform you of the changes in advance and point out that you will be deemed to have agreed to the changes if you do not object to them within 30 days, or as soon as you use the platform again. The latest version of the Terms of Use can be viewed by clicking on the 'Terms of Use' link on the BEAM home page.
9.Miscellaneous
(1)The laws of the Federal Republic of Germany apply to the legal relationships between Provider and User.(2)The place of performance and sole place of jurisdiction is Stuttgart, provided that this is consistent and permitted by law.
(3)Should any provision within these Terms of Use be invalid, this will not affect the validity of the remainder of these Terms of Use.
