Usage Terms and Conditions for the TireManager System
Access
Goodyear GmbH & Co. KG, (hereinafter referred to as Goodyear or we) provides interested Users (hereinafter referred to as „Users“) with the possibility of issuing electronic confirmations by the manufacturer on the usability of tires (hereinafter referred to as the "TireManager" System).
Upon acceptance of the usage terms and conditions, the User receives clearance of his/its specified log-in code and the relevant password (hereinafter referred to as „Access Data“).
Goodyear reserves the right to screen the User prior to the clearance of his/its access data. The User shall not be entitled to be granted the relevant access eligibility.
The Tire-Manager System is operated through an Internet access to the URL of Goodyear. The User is obliged to maintain secrecy on the access data and to grant no third party access to the aforesaid data.
The hardware and software required to participate in the TireManager System has to be purchased and maintained by the User at his/its own cost. Compensation for the aforesaid upon the discontinuation of the TireManager System for whatever cause is excused, especially if the entitlement to use the System is revoked by Goodyear. A prerequisite for the usability is the use of one of the following browsers: Microsoft Internet Explorer (as from Version 5.x) and Netscape (as from Version 5.x). The TireManager System can only be used upon the acceptance of cookies and the use of Java Script.
Goodyear may exclude the access authority of the User at any time without giving any reason and without complying with a notice period and may exclude the User from participating in the TireManager System with immediate effect. Goodyear shall expressly reserve the right to discontinue the TireManager System in full at any time without giving any reason.
Use of the TireManager System/Liability for information provided
The relevant software and data banks have been prepared to the best of our knowledge and belief and in accordance with latest state of the art. The User is, however, aware of the fact that technical changes may be made to the requested product up to the date on which the TireManager System is used and which could not be introduced into the System when the data was deposited. In addition, third party data is used, the composition of which cannot be influenced by Goodyear. Liability for completeness and data accuracy cannot be assumed by Goodyear therefore.
It is therefore urgently recommended that the technical data shown in the System should be compared with the details in the vehicle registration certificate and that Goodyear should be contacted in cases of doubt.
The questions transmitted by the TireManager System shall be deemed to have been received upon receipt of Goodyear’s server. The user code is regarded as legally binding proof of the identity of the sender and the correct contents of the enquiry; there shall be no additional examination obligation with regard to the identity of the sender or the contents of the message.
It is agreed that Goodyear is not obliged
- to make technical equipment available to the User with which he/it is able to recognize and correct entry errors before submitting the enquiry
- to inform the User of the individual technical steps leading to the conclusion of a contract
- to inform the user whether the context text (enquiry/reply) has been stored by Goodyear after the conclusion of the contract and whether this is available to the user
- to inform the User whether the corresponding technical equipment is available
- to inform the user about the available languages when the contract was concluded, together with all the relevant conduct codes to which Goodyear is submitted and/or the possibility of an electronic access to the aforesaid codes
- to immediately confirm receipt of the enquiry electronically or in any other way.
Transfer of risk and miscellaneous liability
The User is obliged to compensate Goodyear for any damages resulting from defective or unauthorized use of the access data.
Goodyear is not responsible for the proper functioning of the User’s DP system. Goodyear hereby draws attention to the fact that that transmission routes within the Internet are beyond its control. If errors occur during the transmission of data, Goodyear’s liability is excluded in the aforesaid respect unless Goodyear has acted with deliberate intent or gross negligence.
Goodyear shall also not be liable for typical Internet dangers, especially viruses, Trojan Horses or data espionage by unauthorized third parties unless the damages resulting from the aforesaid were caused by Goodyear with deliberate intent or gross negligence. The User is recommended to have a current virus protection software available at all times.
Goodyear shall only be liable for damages sustained by the User if they were caused with wilful intent or gross negligence.
Collection and processing of personal data
You are basically able to use our website without disclosing your personal data. By calling up our Internet page, data is stored on our server for security reasons such as the name of your Internet service provider, the website from which you are visiting us, the websites which you visit with us and your IP address. An identification may be possible on the basis of the aforesaid data under certain circumstances. No personal use can be made of this data, however. Such data may, however, be used for statistical purposes whereby the individual users remain anonymous. If data is transmitted to external service providers, we have ensured by means of technical and organizational measures that the relevant data protection regulations are being observed.
In addition, personal data shall only be stored if you specify this to us, e.g. as part of a registration, an enquiry, a pricing tender, when transmitting e-mails or for executing a contract. Goodyear shall collate, process and utilize personal data in accordance with the current data protection regulations for processing the enquiry. The User hereby confirms his/its agreement with the aforesaid and with the assessment of enquiries or surveys, etc., carried out for business purposes by Goodyear or an affiliated company of Goodyear (§ 15 of the German Companies Act). The User may reject the use of his/its data at any time in writing to Goodyear.
The databank with personal data and its contents remain in our company and our providers. Your personal data is in no way made available to third parties by us or our commissioned persons unless your agreement or an official instruction has been received.
Information right
At your request, we will notify you as soon as possible in writing and in accordance with current legislation whether and what personal data is stored with us concerning you personally. If incorrect information has been stored despite all our efforts to ensure data accuracy and topicality, we shall correct the aforesaid data upon request.
Miscellaneous
The place of performance and exclusive legal venue for claims arising from the use of the Tire-Manager System and its terms and conditions is Goodyear, Germany. German law shall apply exclusively to the exclusion of International Private Law (Contracts on the International Sale of Goods – CISG).
Goodyear is entitled to adjust the terms and conditions for users of the TireManager System at any time. They shall apply in their current version. The General Terms and Conditions of Business of Goodyear and the legal references to the aforesaid Website shall also apply in their current version.