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General Terms and Conditions for Use of Sogefi Filtration eTraining Portal
The following General Terms and Conditions (hereinafter “GTC”) of Sogefi Filtration S.A.(France), Parc Ariane IV, 7 Avenue du Mai 1945, 78280 Guyancourt, (hereinafter “Sogefi“) shall govern the legal relationship (hereinafter “user relationship”) between Sogefi and any natural or legal persons as well as partnerships using the services offered by Sogefi in the internet via etraining.sogefifiltration.com (hereinafter “the User”).
The User is required to read the GTC carefully before using the Portal. By using the Portal the User accepts the application of these GTC and such acceptance is documented by the clicking of the button “I have read and accept the terms and conditions of Sogefi” during the course of the registration procedure. The User thereby accepts the application of the GTC of Sogefi in terms of the user relationship between the User and Sogefi for the use of the Sogefi eTraining Portal as well as the services available on the website under etraining.sogefifiltration. The GTC shall be kept available for access at etraining.sogefifiltration.com.
1 Sogefi eTraining Portal
1. The Sogefi eTraining Portal at etraining.sogefifiltration.com (hereinafter the „Portal“) is an internet-based and internet-driven service made available by Sogefi as a website which, depending on the respective user group, provides access to generalist and expert technical courses, about automotive filtration (the “Services”), for registered Users.
The Services will be made accessible to the User after due registration in the Portal in the internet in the homepage. The actual scope of the Services may vary according to the various user groups and may be supplemented or reduced by Sogefi at any time. The User shall have no right to the retention of any particular individual service.
2 Authorised Users and Registration
1. Users of the Portal must state at the time of registration the user group to which they belong (e.g. distributor, dealer, garagist, private, Sogefi customer (distributor, dealer, garagist) and confirm such by way of the requested information in each case. Sogefi may reject any registration or verify or change any categorisation in a particular user group. In addition, Sogefi reserves the right to change the number or description of user groups.
2. Any use of the services or content of the Portal shall be subject to registration in the Portal having duly taken place first of all. Any registration for the use of the registered range of the Portal must be undertaken via the internet.
Upon registration a contract is formed as to the use of the Services of the Portal based on these GTC (“User Agreement”).
3. The use of the Services of the Portal shall generally be free of charge and valid for one year.
4. The information provided by the User at the time of registration must be complete and correct. This includes the following data: the name/the company of the User, the first name and family name of the responsible contact person, an email address and the course level and language. Any registration of a legal entity or a partnership may be undertaken only by a natural person legally entitled to act as a representative. During the term of the User Agreement the User must keep up-to-date the data requested by Sogefi at the time of registration and shall notify Sogefi of any changes by email without undue delay or change such data itself in the Sogefi eTraining profile.
Sogefi reserves the right at any time during and after registration by the respective User to require that adequate evidence be provided to support any information given, e.g. for the user group of parts dealers and garagists in particular proof of authority of the natural person acting as representative in relation to the trade or in terms of an independent or dependent office of the same trade as well as the registration of a trade. If requested evidence is not furnished or any doubts as to the correctness of information provided by the User exist, Sogefi has the right to cancel registration.
5. At the time of registration Sogefi will send to the User a user name and a password to allow access to the registered area of the Portal.
The User undertakes to keep the password secret and to use such only in relation to the registered User for the use of the Portal. Any making available of the password to a third party is expressly prohibited.
The User shall be liable for compliance with these obligations of due care and confidentiality. If, for whatever reason, the password becomes known to a third party, the User shall change the password without undue delay and shall notify Sogefi accordingly without undue delay by email.
3 Subject Matter and Scope of Portal
1. Sogefi makes available certain information in the Training area and in the Results area of the Portal subject to change, on a non-binding basis and without any rights as to the completeness of such information (cf. §1 of these GTC).
2. Sogefi reserves the right to make any usage of specific areas, content and services of the registered area of the Portal subject to further conditions in respect of the person of the User, the provision of further user information and/or acceptance of further terms and conditions.
3. Sogefi hereby gives express notice that the availability and the use of the Portal is subject to the current state of technology in the context of necessary servicing or servicing windows. In addition thereto, the availability of the Portal shall be subject to 6 no. 2 of these GTC.
4. Sogefi hereby gives express notice that the content of the Portal constitutes material subject to copyright and other rights. Any copying, changing, distribution or storage of texts, parts of text, images, photographs or other pictorial materials, beyond that required for the simple browsing or caching of the content by the User for the User’s own purposes, shall require the express prior agreement of Sogefi and/or the respective Portal Partner of Sogefi.
5. Sogefi hereby gives express notice that contents of the Portal contain protected corporate names, trademarks and other labels. Any use of such shall require the express prior agreement of Sogefi and/or the respective owner.
6. In addition to the above, Sogefi reserves all rights to intellectual property in the Portal.
4 Term of User Agreement, Termination and Blocking
1. This User Agreement shall be for 1 (one) year term.
2. Either party may duly terminate the User Agreement in writing to etraining@sogefigroup.com or via the Sogefi portal at any time with immediate effect; any rights to terminate for cause shall not be affected thereby.
3. Insofar as the User Agreement is terminated by one of the parties, Sogefi may block access by the User to the registered area of the Portal upon termination becoming effective.
5 Ending of Portal
Sogefi reserves the rights to end the operations of the Portal as a whole at any time and to duly terminate the User Agreements with the Users.
6 Content/Availability
1. Sogefi hereby gives express notice that content placed in the Portal may have been provided by a Portal Partner of Sogefi or another third party. Portal Partners and other third parties are carefully selected by Sogefi the content of the Portal of is also carefully checked and complied by the Portal Partners and other third parties. However, due to the diversity and quantity of the material and because of constant updating, it is not possible for Sogefi to check all information, documentation and data supplied by Portal Partners of Sogefi. Sogefi is therefore not liable for the content nor is it liable for the availability of the Services in the Portal. This shall apply regardless of whether or not the Services were placed by Sogefi or by a Portal Partner.
The User is aware that the Services in the Portal are provided only as assistance for the locating of information related to the motor vehicle sector and in no way relieve the User from its own duties to exercise due diligence.
2. The User shall not have any right to access the Portal at any time or all times. In particular, Sogefi shall not be liable for any disruption to access to the Portal if such is caused solely or substantially by reasons beyond the control of Sogefi and/or is caused solely or substantially by reasons of force majeure and/or Sogefi is not responsible for the disruption of access.
7 Misuse of Password
The User shall be responsible for any misuse of the services of the Portal or any legal infringements in relation thereto by third parties in terms of 2 no. 5 of these GTC, insofar as the User is responsible for such and particularly in cases of the password being made available or made known by the User contrary to 2 no. 5 of these GTC.
8 Liability
1. Insofar as any information, software or documentation is made available at no charge, any liability for any defect or defect of title related to the completeness, correctness, defect-free nature, or non-existence of third-party intellectual property rights and/or usability is hereby excluded except in case of gross negligence, wilful acts or deceit.
2. The information in the Portal may contain specifications or general descriptions of technical possibilities for products which may vary in individual cases (e.g. due to changes in a product).
3. The liability of Sogefi for any defects or defects of title shall be in accordance with the provisions of no.s 8.1 and 8.2 of these GTC.
4. Sogefi shall endeavour to keep the Portal virus-free but Sogefi is unable to give any warranty that it is free of viruses. The User shall ensure that adequate security measures and a virus scanner are employed for its own protection, as well as for the prevention of viruses in the Portal.
5. The above provisions shall not constitute a reversal of the burden of proof.
6. Insofar as the above provisions provide for an exclusion of the liability of Sogefi, such provisions shall also apply to the advantage of its constituent bodies as well as the employees, representatives, subcontractors and agents of Sogefi and a Portal Partner.
9 Data Security
Personal user data which is requested, determined or obtained in connection with registration for and usage of the Portal shall be treated by Sogefi in accordance with the applicable laws and regulations for data security, copies of which can be seen on the eTraining web page (https://etraining.sogefifiltration.com//disclaimer).
10 Amendments to these General Terms and Conditions
1. Sogefi reserves the right to amend these GTC at any time under this 10 and without any need to give a reason for doing so.
2. The amended GTC shall be forwarded to the User by email no later than two weeks before such come into force. If the User does not object to the application of the new General Terms and Conditions in writing or by email within two weeks of the receipt of the email, the amended General Terms and Conditions shall be deemed to have been accepted.
Sogefi shall expressly refer the User in the email containing the amended conditions as to the operation of the deadline and its significance.
Insofar as the User objects to the amended GTC, a continued use of the Portal shall not be possible. The user relationship shall be duly terminated thereby and shall end according to 4 no. 2 GTC four weeks from the date of the objection. The further consequences of such a termination are set out in 4 GTC.
11 Claims
Except in relation to consumers, any and all claims arising in connection with the use of the Portal or these GTC must be made by way of legal proceedings at court within a period of one year from the respective claim arising, otherwise the right to make such claim shall be deemed to have expired.
12 Closing Provisions
1. The User Agreement, these GTC as well as the other relations between Sogefi and the User arising from or in connection with the Portal shall be subject to the material law applicable at the registered place of business of Sogefi – Guyancourt, France.
2. The courts at the registered place of business of Sogefi shall be exclusively responsible in relation to any disputes arising from or in connection with this User Agreement and these GTC or otherwise from the use of the Portal in cases where the User is a merchant, a legal entity of public law or a public special asset or if the User does not have a residence or a seat of business in the country of the registered place of business of Sogefi.
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