General Terms of Use
Cargobull Parts & Serices GmbH for the Visual Remote Assistant (PartnerConnect / Salesforce)
§ 1 Scope
(1) These General Terms of Use (“GTU”) apply to the use of the Visual Remote Assistant provided by Cargobull Parts & Services GmbH, Siemensstr. 49, 48341 Altenberge, Germany (hereinafter “we” or “us”) via the PartnerConnect platform based on Salesforce technology.
(2) The Visual Remote Assistant is made available exclusively to entrepreneurs within the meaning of § 14 BGB who have been authorised by us. Use by consumers is excluded.
(3) The Visual Remote Assistant is a supplementary, non-binding support tool and does not replace on-site inspections, statutory tests, certifications or legally required approvals.
(2) The Visual Remote Assistant is made available exclusively to entrepreneurs within the meaning of § 14 BGB who have been authorised by us. Use by consumers is excluded.
(3) The Visual Remote Assistant is a supplementary, non-binding support tool and does not replace on-site inspections, statutory tests, certifications or legally required approvals.
§ 2 Conclusion of Contract, Subject Matter, User Responsibility
(1) Use of the Visual Remote Assistant requires prior acceptance of these GTU via opt in and registration within PartnerConnect. Upon successful registration, a user agreement is concluded.
(2) The Visual Remote Assistant enables Service Partners to receive non-binding technical support via video, image and/or audio transmission from our employees. The service serves solely as an aid for the independent execution of repair, maintenance and service work.
(3) Support is provided exclusively under the following conditions:
a) Support is limited to technical assessments, possible malfunctions, repair instructions and comparable technical information;
b) The user remains solely responsible for the operational readiness and roadworthiness of vehicles and components;
c) The user remains solely responsible for work on approval relevant or safety critical components;
d) Any declarations to third parties regarding the condition of vehicles or components are made exclusively at the user’s own responsibility;
e) The user is solely responsible for compliance with occupational safety and accident prevention regulations
(2) The Visual Remote Assistant enables Service Partners to receive non-binding technical support via video, image and/or audio transmission from our employees. The service serves solely as an aid for the independent execution of repair, maintenance and service work.
(3) Support is provided exclusively under the following conditions:
a) Support is limited to technical assessments, possible malfunctions, repair instructions and comparable technical information;
b) The user remains solely responsible for the operational readiness and roadworthiness of vehicles and components;
c) The user remains solely responsible for work on approval relevant or safety critical components;
d) Any declarations to third parties regarding the condition of vehicles or components are made exclusively at the user’s own responsibility;
e) The user is solely responsible for compliance with occupational safety and accident prevention regulations
§ 3 Non-binding Nature of Support, Liability, Indemnification
(1) Our support is non-binding. We do not assume any guarantee or liability for the correctness, completeness or suitability of the information provided via the Visual Remote Assistant.
(2) Liability shall be excluded to the extent permitted by law. Mandatory liability, in particular for intent, gross negligence, injury to life, body or health, and under the Product Liability Act, remains unaffected.
(3) The user shall indemnify us against all third-party claims arising in connection with the use of the Visual Remote Assistant, insofar as these claims are attributable to the user’s sphere of responsibility.
(2) Liability shall be excluded to the extent permitted by law. Mandatory liability, in particular for intent, gross negligence, injury to life, body or health, and under the Product Liability Act, remains unaffected.
(3) The user shall indemnify us against all third-party claims arising in connection with the use of the Visual Remote Assistant, insofar as these claims are attributable to the user’s sphere of responsibility.
§ 4 Platform Operation (Salesforce)
(1) The Visual Remote Assistant is operated via PartnerConnect using Salesforce technology. Salesforce acts solely as a technical platform provider.
(2) We are not responsible for the continuous availability, technical functionality or fault-free operation of the Salesforce platform.
(3) Salesforce is not an agent or vicarious agent within the meaning of § 278 BGB.
(2) We are not responsible for the continuous availability, technical functionality or fault-free operation of the Salesforce platform.
(3) Salesforce is not an agent or vicarious agent within the meaning of § 278 BGB.
§ 5 Costs
Use of the Visual Remote Assistant is included in the applicable service or partnership agreement and does not constitute a separate remuneration claim.
§ 6 Rights of Use, Data, Documentation
(1) The user grants us a simple, non-transferable, unlimited right to use, store and process images, video recordings and texts transmitted via the Visual Remote Assistant for documentation, quality assurance, training and internal purposes.
(2) This includes processing within Salesforce systems and by affiliated companies within the meaning of §§ 15 ff. AktG as well as commissioned service providers.
(3) Personal data shall be processed in accordance with applicable data protection laws. Further details are set out in our privacy notice.
(2) This includes processing within Salesforce systems and by affiliated companies within the meaning of §§ 15 ff. AktG as well as commissioned service providers.
(3) Personal data shall be processed in accordance with applicable data protection laws. Further details are set out in our privacy notice.
§ 7 Term and Termination
(1) The user agreement is concluded for an indefinite period.
(2) Either party may terminate the agreement at any time. Deactivation of access or deletion of the user account shall constitute termination.
(2) Either party may terminate the agreement at any time. Deactivation of access or deletion of the user account shall constitute termination.
§ 8 Applicable Law and Jurisdiction
(1) This contract shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the norms of private international law referring to it.
(2) Exclusive place of jurisdiction is Münster (Westph.), Germany, insofar as legally permissible.
(2) Exclusive place of jurisdiction is Münster (Westph.), Germany, insofar as legally permissible.
