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ShopMe ShopMe - Terms of Use

General Terms of Use

1. Scope/ Right of modification

[SEG Automotive Germany GmbH] (hereinafter “SEG”) provide website features and other products and services to you when you visit or shop at https://seg-automotive.force.com/segautomotivestore/s/?language=en_US (hereinafter the “Website”) or use SEG services.

Please read these General Terms of Use ("Terms of Use") carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the Website, including but not limited to various limitations, exclusions, and indemnities.

By accessing or using the Website, and the content and services available via the Website, you signify that you have read, understand and agree to be bound by these Terms of Use in all respects with respect to the Website. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website.

These Terms of Use may be supplemented, modified or replaced in individual cases by further conditions, e.g. for the purchase of products and/or services. By login, or, if a separate login should not be required, by commencement of use, the validity of these Terms of Use in their respective version is accepted.

SEG reserves the right to change the Terms of Use at any time and to make the further use of the Website, in particular the content requiring registration, conditional upon the acceptance of the amended Terms of Use.

2. About the Website

The Website provides information about SEG. The Website also offers a marketplace service between professionals on the internet.

SEG may add other features from time to time.

Certain features are available only to registered users (“Registered Users”). For more information about registration, please see the registration section under clause 6 of these Terms of Use.

3. Website availability

The Website has an availability of 24 hours a day. However, there may be interruptions in availability due to maintenance required for the system. Interruptions in availability may occur, among other things, due to force majeure or other causes beyond the control of SEG.

SEG points out:

  • that it is technically impossible to provide the Website free of errors of any kind and SEG therefore does not undertake any responsibility for them;
  • that errors may cause the Website to be temporarily shut down;
  • that the availability of the Website is dependent on conditions and performance outside SEG's control, such as transmission capacities and telephone connections between the individual parties. SEG is not responsible for any failures in these areas.

4. Age of majority and responsibility of the users

If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old.

If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms of Use on behalf of such organization and all references to "you" throughout these Terms of Use will include such organization, jointly and severally with you personally.

If any applicable law, rule or regulation prohibits you to access the Website and the webshop, you may not access them. If you nevertheless access or use the Website, you will still be bound to these Terms of Use and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.

You will use the Website only for lawful purposes and in accordance with applicable laws. If at any time you become aware of any violation, by any person or entity, of any part of these Terms of Use, you will immediately notify SEG by e-mail at ShopMe@seg-automotive.com and provide us with assistance, as requested, to stop or remedy such violation. In using the Website the user shall not

  • violate public morality in its use of the Website;
  • infringe any intellectual property rights or other proprietary rights;
  • transmit any contents containing viruses, so-called Trojan horses or other programming that may damage software;
  • enter, store or transmit hyperlinks or content to which it is not entitled, in particular if such hyperlinks or content violate confidentiality obligations or are unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like, or solicit participation in lotteries, snowball systems, chain letters, pyramid schemes and similar promotions.

SEG may deny access to the Website at any time, in particular if the user breaches any obligation arising from these Terms of Use.

5. Registration

Certain features of the Website are available only to Registered Users. Current examples include seeing priced and being able to purchase items. Additional features may be made available to Registered Users over time.

SEG reserves the right to deny registration to any user. SEG particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. SEG is entitled, at any time and without obligation to give reasons, to deny the user the right to access the password-protected area by blocking its User Data, in particular if the Registered User

  • has provided false data for the purpose of registration;
  • has violated these Terms of Use or its duty of care in the handling of the access data;
  • violated any applicable laws in the access to or use of the Website; or

The user is obligated to provide truthful registration information and, in the event of any subsequent changes, to notify SEG thereof without undue delay. The user shall ensure that he/she receives the e-mails sent to the e-mail address he/she has provided.

After registration, the user will receive a user name and password (hereinafter also referred to as "User Data"). On first access, the Registered User shall promptly change the password received from SEG into a password known only to the Registered User. The User Data allows the Registered User to view and change its data and, where applicable, to withdraw or extend its consent to data processing.

The Registered User ensures that the User Data will not be accessible to third parties and is liable for all orders and other activities made under the User Data. After each use, the password-protected area must be left. If and to the extent the Registered User becomes aware that third parties are misusing its User Data the Registered User shall notify SEG thereof without undue delay.

The Registered User may request the deletion of his/her registration at any time, if the deletion does not affect the processing of existing contractual relationships. In such event, SEG will remove all User Data and other stored personally identifiable data of the Registered User as soon as these data are no longer be needed.

6. Intellectual property

Except where expressly stated otherwise, all right, title, and interest in and to the Website and all content, source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the Website (collectively, "Our Content") are fully vested in us or our service providers and protected by applicable copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws.

You agree that access and use of Our Content is subject to these Terms of Use, including the disclaimers and limitations of liability herein. Nothing in your use of the Website or these Terms of Use grants you any right, title or interest in or to Our Content except the limited right to use the Website as set out in these Terms of Use. Unless otherwise expressly authorized by SEG in writing, you agree not to:

  • Copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
  • remove any proprietary notices or labels on or in Our Content; or
  • allow any other person or entity to engage in any of the foregoing.

You may not use the trade names, trademarks, service marks, logos or designs of SEG or of its users, in connection with any product or service that is not of SEG or its users nor in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks, logos or designs without the express prior written consent of the owner.

We do not claim ownership of your Submissions; however, you agree that by posting, uploading, inputting, providing, submitting, entering, or otherwise transmitting your Submissions to us or any third party using the Website:

  • You have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyse, exploit and practice any comment or submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials);
  • you confirm, represent and warrant to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the license to your Submissions set out above; and
  • you acknowledge and agree that the technical processing and transmission of the Website, including your Submissions, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that your Submissions may be subject to "caching" or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.

7. Third party content

The Website may contain hyperlinks to websites or other materials made available by third parties (“Third Parties Content”). SEG shall have no liability for Third Parties Content and does not make representations about or endorse such Third Parties Content or their contents as its own, as SEG does not control the information on such websites and is not responsible for the contents and information given thereon. The use of Third Parties Content is at the user's own risk.

Third Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms of Use grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as set out in these Terms of Use.]

8. Privacy of Registered Users

We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personal data (as defined in our Privacy Policy) which you submit to or via the Platform may be used by us in accordance with our Privacy Policy. You agree to ensure that all personal data you provide to us is accurate and up to date and that you have all consents, licenses or approvals necessary to allow us to use that information in accordance with these Terms and our Privacy Policy.

9. Liability and Warranties

SEG makes no representations or warranties about the site. To the maximum extent permitted by law, SEG exclude all implied warranties regarding the site, including without limitation, the warranties of merchantability, fitness for purpose, title, and non-infringement.
You warrant that you will comply with all laws and regulations applicable to your use of the Website, as applicable.

SEG excludes all liability for loss or damage of any kind or nature whatsoever arising in connection with your use of or inability to use the website and its functions, except in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations.

Although SEG makes every endeavor to keep the Website free from viruses, SEG cannot make any guarantee that it is virus-free. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information or documentation.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold SEG and its insurers harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement and expenses of any kind and character whatsoever incurred by us relating to or arising from any content or information posted or transmitted by you using the Website or otherwise arising out of your use of the Website or use of the Website by any third party who is given or gains access to the Website due to your action or inaction.

11. Miscellaneous

If you have any questions or requests about SEG or these Terms of Use, please contact us by email at ShopMe@seg-automotive.comspecifying your email address and/or phone number and, where applicable, any URL related to any issue.

These Terms of Use are provided to the user in English.

The Terms of Use shall be interpreted in accordance with and its performance governed by the laws of Germany excluding their conflict of law provisions.

If the user is a merchant within the meaning of the German Commercial Code, the place of jurisdiction shall be Stuttgart.

In the event that any clause or any part of any clause in these Terms of Use is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in these Terms of Use shall remain in full force and effect and shall not be affected by such finding for the term of this agreement.