Terms of use of Platform on Repair and Maintenance Information for Professional Repairers
- Scope
a. Electrolux Appliances AB, SE-105 45 Stockholm, Sweden (“Electrolux”) operates this internet-based Platform (“PLATFORM”), where Electrolux provides Professional Repairers (“User/Users”) access to appliance repair and maintenance information (“Repair and Maintenance Information”).
b. These Terms of Use regulate the use of the PLATFORM by User but do not affect the terms of any agreements concluded between the User and Electrolux.
c. Electrolux operates this PLATFORM to provide access to Repair and Maintenance Information in UK anticipating UK eco-design legislation on provision of access to Repair and Maintenance Information for household washing machines, washer-dryers, dishwashers, refrigerators and freezer.
d. By registering, the User (1) agrees to be bound by these Terms of Use, (2) confirms that it is acting as a business customer and (3) confirms that it is an operator or undertaking which provides service of repair and professional maintenance of household refrigerating appliances, household dishwashers, household washing machines and household wash-dryers" (“Professional Repairer”) and confirms that only access is provided to Repair and Maintenance Information with no other legal business relationship resulting from this between User and Electrolux. - Registration and User account
a. The registration to the PLATFORM can be made exclusively via the Internet and requires a registration under https://www.aeg.co.uk/support/contact-us-form/. When registering the User must provide full and accurate information and should such information change over time, User shall notify Electrolux of such change without delay. All changes are subject to confirmation by Electrolux. Electrolux may require the User to demonstrate that the User has the technical competence to repair household appliances and complies with the applicable regulations for repairers of electrical equipment in the country in which User provides service of repair and professional maintenance and the User is covered by insurance covering liabilities resulting from its activity.
b. To complete registration, the User must accept these terms of use and indicate its policy number of insurance covering liabilities resulting from its activity, unique identifier as required as mandatory information in the registration form and registration process.
c. On completion of the registration process, the User will receive within five (5) working days a confirmation of its registration by e-mail if Electrolux has approved and cleared the User to use the PLATFORM. The same applies if registration has been denied.
d. Only User may use its account. User must keep its account and passwords confidential and may not authorize any third party to access or use the PLATFORM on its behalf, unless Electrolux provides an approved mechanism for such use. From time to time Electrolux may request the User to change the password of User account. Electrolux will not be liable for any loss or damage arising from any unauthorized use of User’s account.
e. The User assures that all its employees, who register individually under reference to the User or use the PLATFORM via an access generated for the User, are entitled to act as the User’s authorized representative. In particular, the User shall notify Electrolux immediately if an employee’s entitlement to act as the User’s authorized representative in relation to access to the PLATFORM is terminated.
f. Upon Electrolux request, the User shall re-confirm and update the information provided by the User in the registration process within 2 weeks from Electrolux request. In case re-confirmation or update is not provided within the time limit, Electrolux reserves the right to de-activate the User account.
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Rights of use in relation to content, information and documentation
a. On the PLATFORM Electrolux might provide the User with content, information and documentation. Use of this content, information and documentation is subject to these Terms of Use. Once registered, User shall have access, within one (1) working day after requesting it, to the requested repair and maintenance information.
b. All rights, title and interest in and to the PLATFORM , such as all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in registered and unregistered trademarks and designs) (“Intellectual Property Rights”), remain at all times vested in Electrolux. Except as expressly provided herein, Electrolux does not grant any express or implied right to User under any patents, designs, trademarks, copyrights or trade secret legislation.
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Contents of the provided documents
a. Any Repair and Maintenance Information provided on the PLATFORM may be revised from time to time. The User must, therefore, take care to always use the latest version of Repair and Maintenance Information only.
b. Please note that the instruction manuals may be revised from time to time, too. Therefore, the version shown here may differ from the original instruction manual that came with the product. The reasons for changes in instruction manuals are usually minor and do not affect the basic functions of the device. Please contact us at ecodesignsupport@electrolux.com for further questions.
c. Please note that the original product contains additional information such as operating or safety instructions which are usually not included in the online versions available here. Therefore, please also refer to the documents enclosed with the device. Please contact us at ecodesignsupport@electrolux.com if you have further questions about the documents.
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Duties of the User
a. The User is responsible for creating and maintaining the technical prerequisites for access to the PLATFORM in his own area of responsibility, regarding the hardware and operating system software used, the connection to the Internet and the current browser software.
b. Prohibited actions:
i. infringe any intellectual property right or any other proprietary right;
ii. transfer any content containing a virus, a so-called Trojan Horse or any other programs which could damage the PLATFORM;
iii. infringe the applicable laws and regulations.
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User's responsibility for repair and maintenance work
a. The User is aware that repair and maintenance work must always be carried out in accordance with the applicable laws, statutory provisions and the respective device-specific specifications.
b. The User is also aware that failure to observe the hereunder provided content, information, documentation as well as the applicable laws, statutory provisions and the respective device-specific specifications will possibly affect the manufacturer´s guarantee granted to the end customer and may lead to its expiration as a result of improper repair handling. If the manufacturer´s guarantee granted to the end customer expires as a result of improper repair or any other action by the User, the User is aware, that User is liable to the end customer for the loss of manufacturer´s guarantee granted to the end customer
c. In addition, User is aware that the legal claims of the end customer against the User due to defective or improper repair continue to exist unchanged. For the avoidance of doubt: User is aware that his contract for repair and maintenance work is concluded solely between User and its end customer.
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General liability
a. Claims for damages by the User, irrespective of their legal basis, are excluded unless Electrolux is liable under mandatory statutory provisions (e.g. Product Liability Act), in cases of intent, gross negligence, injury to life, body or health or breach of fundamental contractual obligations, i.e. for obligations which Electrolux has to grant to the User under the content and purpose of the contractual relationship under these Terms of Use or the performance of which is essential for the proper performance of the contractual relationship under these Terms of Use and on the observance of which the User regularly relies and may rely. A claim for damages due to a slightly negligent violation of essential contractual obligations is limited to the foreseeable damage typical for the contract.
b. The foregoing limitation of liability applies to damages caused by errors, delays or interruptions in the transmission of data or the like, in the event of faults in the technical equipment or services, incorrect content, loss or deletion of data, viruses.
c. Electrolux is not obliged to ensure uninterrupted accessibility of the PLATFORM. Failures of the server due to technical or other problems beyond the control of Electrolux (force majeure, fault of third parties, etc.) do not constitute a claim by the User.
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No guarantee for availability of the PLATFORM
a. Electrolux assumes no responsibility for the success of the respective access to the PLATFORM.
b. The availability of the PLATFORM is subject to the technical and operational capabilities of Electrolux. Therefore, Electrolux does not warrant the use of the PLATFORM , in particular not in case of downtimes due to maintenance and times during which the data center cannot be accessed via the internet due to technical or other problems beyond Electrolux' control (force majeure, third party fault, etc.).
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Term, termination
a. The User shall be entitled to use the PLATFORM from the date of registration.
b. The contractual relationship under these Terms of Use shall end automatically if and when Electrolux is not obliged to provide access to Repair and Maintenance Information any longer or the User unsubscribe from the PLATFORM.
c. The right to terminate the contractual relationship under these Terms of Use on an extraordinary basis for good cause shall remain unaffected. Good cause shall be deemed to exist particularly if a party commits repeated or continuing breaches of fundamental contractual obligations under these Terms of Use (Termination right of the respective other party).
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Personal Data and other information provided by the User
a. You recognize that any data and other information provided by you when using the PLATFORM, generated, either automatically or manually, through the registration at and use of the PLATFORM may be stored and used by Electrolux for the purpose of (i) normal operation and support of the PLATFORM, (ii) Electrolux’ application, product and service development, and (iii) Electrolux’ reports or analysis. To the extent such data or information include personal data, Electrolux’ privacy policy applies. For avoidance of doubt, Electrolux may always store and use any data and information as set out above in anonymized form.
b. Electrolux will process any personal data in accordance with Electrolux’ privacy policy which can be found on https://www.electroluxgroup.com/privacy/. By accepting these Terms of Use, you acknowledge that you have been informed about Electrolux’ processing of your personal data.
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Changes to these Terms of Use
a. Electrolux shall be entitled at any time to amend these Terms of Use with reasonable prior notice. Amendments shall be notified to the User in writing, by e-mail or in another appropriate form.
b. Should the User not agree with the amendments, then the User must object in writing to the amendment within four weeks of receipt of the notice. Should the User not object to the amendments within this time-period, then the amendments shall be incorporated and shall come into effect as set out in the notice. Electrolux shall refer to this right in its notice to the User. If the User objects, Electrolux reserves the right to exclude the User from the PLATFORM. In this case the User is entitled to make a new application for registration.
c. If the amendments are required by law, the provision requiring prior notification of the User and the User’s right to object shall no longer apply.
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Miscellaneous
a. The exclusive place of jurisdiction for disputes arising from or connected with these Terms of Use shall be London (city). These Terms of Use and all matters related thereto shall be governed exclusively by the law of United Kingdom, to the exclusion of conflict of law provisions and the UN Sales Convention (CISG).
b. Electrolux may assign the contractual relationship pursuant to these Terms of Use, including all rights and obligations thereunder, to any Affiliated Company of Electrolux.
c. Should any provisions of these Terms of Use be or become invalid or unenforceable, either in whole or in part, then the validity of the remaining provisions shall remain unaffected.
Date 01/03/2021
