7, Am Scheerleck
Tel. +352 – 2671 0327
Company Registration at:
R.C.S. Luxembourg B245 557
Tax-ID / VAT No:
LU 32 85 4344
Information pursuant to Art. 14 ODR Regulation:
Liability for contents:
Liability for links:
CUSTOMER TERMS OF SERVICE
Of the B2B4-Check S.A. · 7 Am Scheerleck · L-6868 Wecker
At B2B4-Check, we are committed to keeping your data as secure and confidential as possible, while providing you with an excellent user experience. B2B4-Check offers an innovative and powerful way to make any documentation and process control in vehicle handling (from reconditioning to fleet management) better and more efficient. Always keeping your interests and benefits in mind, B2B4-Check's services are subject to the following terms and conditions. B2B4-Check S.A., 7 Am Scheerleck, L-6868 Wecker, Luxembourg, R.C.S. Luxembourg B245 557 is responsible for compliance with data protection regulations. The entirety of the data processed by B2B4-Check is hereinafter referred to as "User Data".
§ 1 A contract of use for the use of the software solution for the condition recording of vehicles and the improvement and control of process management ("Software") of B2B4-Check S.A. ("B2B4-Check") and the User shall be concluded by the Customer placing an order (conclusion of contract; also implied).
§ 2 B2B4-Check endeavours to provide the software (Software-as-a-Service SaaS) to the User as uninterruptedly as possible; however, a continuous uninterrupted availability of the software cannot be guaranteed from a technical point of view. In particular, maintenance, security or capacity concerns as well as events beyond the control of B2B4-Check (such as disruptions of public communication networks, power outages, etc.) may lead to disruptions or temporary discontinuation of the software.
§ 3 B2B4-Check's liability shall be determined in accordance with the following provisions: B2B4-Check shall be liable without limitation for damage caused intentionally or by gross negligence by B2B4-Check, B2B4-Check's legal representatives or executives, as well as for damage caused intentionally by other vicarious agents of B2B4-Check; for gross negligence by other vicarious agents of B2B4-Check, liability shall be determined in accordance with the provisions for slight negligence set forth below. B2B4-Check shall be liable without limitation for damage caused intentionally or negligently by injury to life, body or health by B2B4-Check, its legal representatives or vicarious agents. B2B4-Check shall be liable for product liability damages in accordance with the provisions of the Product Liability Act. B2B4-Check is liable for damages resulting from the violation of cardinal obligations by B2B4-Check, the legal representatives or vicarious agents of B2B4-Check; cardinal obligations are the essential obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfilment of which the User may rely. If B2B4-Check has breached these cardinal obligations due to slight negligence, B2B4-Check's liability shall be limited to the amount that was foreseeable for B2B4-Check at the time of the respective performance. The Contractor shall regularly back up the Customer's data on the server for which the Contractor is responsible to an external backup server. The Customer may, as far as technically possible, excerpt this data at any time for backup purposes and is obliged to do so at regular customary intervals. B2B4-Check shall be liable for the loss of data only up to the amount that would have been incurred to restore the data if it had been properly and regularly backed up. Any further liability of B2B4-Check is excluded on the merits.
§ 5 If the user agrees to the conditions of this declaration, he declares his consent to the regulated processing of the user data.
§ 6 B2B4-Check reserves the right to investigate any suspicion of misuse or material breach of contract, to take appropriate measures and, in the event of justified suspicion, to block the user's access to the content and/or, if necessary, to terminate the contractual relationship without notice in the event of particularly serious violations. The User shall notify B2B4-Check without undue delay of any indications of misuse of the software.
§ 7 B2B4-Check retains all intellectual property rights to the software, illustrations, graphics and logos and word-image trademarks, in particular with regard to the methodology of the software.
§ 8 The laws of the Grand Duchy of Luxembourg shall apply exclusively to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes in connection with the Software and these General Terms and Conditions shall be the ordinary courts in Luxembourg. These General Terms and Conditions in the German language are exclusively authoritative for the contract of use. Translations of these General Terms and Conditions are for illustrative purposes only.
§ 9 These General Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the User shall only become part of the contract if and to the extent that B2B4-Check has expressly agreed to their validity.
§ 10 Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the invalid or void provision with a valid provision that comes as close as possible to the intended economic purpose. The same shall apply in the event of a loophole in the contract. Amendments and supplements to this contract must be made in writing. This also applies to the amendment or cancellation of this clause.