Bosch Thermotechnik

Terms of Use

Terms of Use

These terms of use apply in the version valid at the time of the contract being concluded for use of the services offered via Bosch Homecom (Pro) of Bosch Thermotechnik GmbH, Sophienstr. 30-32, 35576 Wetzlar ("Bosch", "we", "us") for you as the user ("User", "You").

§1 Range of services and availability

Bosch Homecom (Pro) is a platform via which you, the end customer, can allow your installer to access your heating system in order to provide additional services, such as remote maintenance and diagnosis.

Various functions are available to you as technical partner, such as system overview, error messages with probable cause The services provided may for example include providing access to the data of your customers and their heating systems, cards, information and other contents (referred to collectively as "Contents"), as well as the option to store and manage information and data on the customers and their heating systems in your profile.

You are required to register in order to make use of the services. You can register to use Bosch Homecom (Pro) free of charge. However, we do reserve the right to offer certain services only for a fee. Any payable services are expressly identified. Detailed rules on using such services can be found in §4.

There is no entitlement to uninterrupted use of free services. There is no guarantee that access to or use of Bosch Homecom (Pro) will not be interrupted or impaired by maintenance work, further developments or otherwise by disruptions, which may lead to loss of data. We aim to offer use of Bosch Homecom (Pro) services with the least possible interruption. However, technical disruptions (such as interruption to the power supply, hardware and software faults, technical problems in the data lines) can cause temporary restrictions or interruptions.

For payable services (including those accessible within the basic access), we guarantee an annual average availability of 95% within our sphere of responsibility. The availability calculation does not include the regular Bosch Homecom (Pro) maintenance window, which is every Wednesday between 10:00 pm and 6:00 am.

§2a Registering for Bosch Homecom as end customer

To log into and use Bosch Homecom you must have an existing Bosch Account. Once you have successfully logged in, you will be asked to provide information and complete your access data. This data comprises: First Name, Surname, Address 1, Address 2, Town/City, Post Code, Country, Language, Telephone Number.

Any data (contact and payment data in particular) that have to be given during the registration process or during use of the provisioned services on Bosch Homecom must be given in full and correctly. If such data change during the course of the usage relationship, you must amend your data on Bosch Homecom in your personal settings immediately. If costs are incurred on account of incorrect details (such as false postings due to incorrect account details), you will be obliged to reimburse such costs.

In sending your additional registration data, you are submitting a proposal to conclude a usage relationship based on these terms of use. When you receive the e-mail confirmation, a usage relationship as agreed will be formed and we will activate the requested access. From the time of activation, you are entitled to use Bosch Homecom subject to these terms of use. This requires you to have confirmed the activation by clicking the link contained in the e-mail. Failure to confirm within 30 days will lead to your access being deactivated.

Your registration, the usage relationship and the user account along with the access data are non-transferable. We do not normally verify your identity or the details your provide when you register as end customer. Therefore, we do not guarantee that every profile owner is the person described as the profile owner.

§2b Registering at Bosch Homecom Pro as trade customer. The services for the installer/heating contractor can be used exclusively by specialist companies based in the Federal Republic of Germany, Austria, Switzerland, Liechtenstein, Netherlands or Luxemburg.

To register as an installer/heating contractor with Bosch Homecom Pro, you must be the company owner or, if the company is a legal entity, the managing director or chairman.

Minors and persons whose access authorization has been permanently blocked are not allowed to register.

To log into and use Bosch Homecom Pro you must have an existing Bosch Account. During the registration process for Bosch Homecom Pro, you will be asked to provide information and specify your access data. This data comprises: Company, Addition/Department, Address 1, Town/City/Post Code, Dialling Code/Telephone No., Dialling Code/Fax No., E-Mail, Web Address, Customer No., Sector; Contact Person: Title, First Name, Surname, International Area Code, Telephone Number.

Any data (contact and payment data in particular) requested during the registration process or during use of the provisioned services on Bosch Homecom must be given in full and correctly. If such data changes during the course of the usage relationship, you must amend your data on Bosch Homecom in your personal settings immediately. If costs are incurred on account of incorrect details (such as false postings due to incorrect account details), you will be obliged to reimburse such costs.

In sending your additional registration data, you are submitting a proposal to conclude a usage relationship based on these terms of use. From the time of activation, you are entitled to use Bosch Homecom Pro subject to these terms of use.

You can register for Bosch Homecom Pro only once. Your registration, the usage relationship and the user account along with the access data are non-transferable.

§3 Responsibility for the access data

You must keep your access data, including your password, confidential and must not disclose them to unauthorised third parties under any circumstances.

You are responsible for ensuring that only you and/or the persons you have authorised can access Bosch Homecom (Pro) and use the services available on Bosch Homecom (Pro). If there is any concern that unauthorised third parties have obtained or will obtain knowledge of your access data, or if you are aware of any other illegal, improper, non-contractual or other unauthorised use of Bosch Homecom (Pro), Bosch must be informed immediately by sending an e-mail to the address below: support.homecom@de.bosch.com

You bear full responsibility for any use of and/or other activity on Bosch Homecom (Pro) which is carried out using your access data. As the user, you are liable for any loss caused by unauthorised use by third parties, unless you are not to blame.

§4 Use of payable services on Bosch Homecoms

Bosch Homecom Pro is a payable service.

When connecting a new system, or accepting a request to connect a new system to your account, a contract between you and Bosch is then concluded. Each contract has an associated cost that you may consult under your account page after signing in. Contracts have a duration of 12 months and are automatically renewed annually. In order to avoid automatic contract renewal you must disconnect your connected systems before the end of the contractual period.

All fees stated are exclusive of VAT at the valid rate. Unless otherwise agreed, we will invoice outstanding amount due under the terms of the contract and invoices must be settled within 14 days of the issue date. The Invoicing for the services you use will be handled by an assigned payment service provider.

§5 Right of cancellation

As the consumer, you have a right to cancel the registration and use of Bosch Homecom (Pro) and also the acquisition of digital content subject to a charge on Bosch Homecom (Pro).

The requirements and legal consequences of such cancellation are set out in the cancellation notice below.

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the contract is concluded.

To exercise your cancellation right, you must notify us Bosch Thermotechnik GmbH, TT/PJ-CPS Address: Postfach 13 09, 73243 Wernau, Germany E-mail support.homecom@de.bosch.com by means of a clear statement (e.g. letter sent by post or e-mail) about your decision to cancel this contract. You can, but are not obliged to, use the attached sample cancellation form for this purpose. You can send the sample cancellation form or other express declaration. If you use this option, we will send you confirmation of the receipt of such cancellation immediately (e.g. via e-mail).

To comply with the cancellation period, you need only send notice that you are exercising your cancellation right before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we will pay back all payments we have received from you, including delivery costs (the exception being additional costs incurred if you have chosen a delivery method other than the cheapest standard delivery we offer), immediately and no more than fourteen days from the day on which we receive the notification confirming your cancellation of this contract. To make this repayment, we will use the same method of payment you used for the original transaction, unless any expressly agreed otherwise with you. You will not, under any circumstances, be charged extra for this repayment.

End of cancellation notice

Your right to cancel a contract for the supply of digital content shall lapse before the cancellation period expires if we start to fulfil the terms of the contract (download) after you have given your express consent to the start of contractual execution and you have confirmed you are aware that your right of cancellation will be lost once contractual execution has started.

§6 Blocking of access

Bosch shall be entitled to temporarily or permanently block your access to Bosch Homecom (Pro) as it deems fit, either in full or for certain services, if there is clear evidence to suggest that you are contravening or have contravened these terms of use and/or the applicable law, or if we have any other justified interest in applying such a block. In the decision regarding a block, due consideration will be given to your justified interests. Bosch will caution you before a block via a personal e-mail. If, despite being cautioned, you continue to infringe these terms of use, we reserve the right to provisionally or permanently block your access and provisionally or permanently exclude you from future participation at Bosch Homecom (Pro).

You will be notified via email if your access authorisation is blocked temporarily or permanently.

In case of a temporary block, the access authorisation will be reactivated and you will be notified accordingly via e-mail at the end of the blocked period, or when the reason for the block has been definitively eliminated. A permanently blocked access authorisation cannot be restored.

§7 Termination of use

You are entitled to cancel your access at any time to the end of a particular month. You can cancel free access to your Bosch Homecom (Pro) account by deregistering.

To cancel your payment-based access, please send us written notice of cancellation to the following address: support.homecom@de.bosch.com.

We also reserve the right to terminate access either completely or to certain services by e-mail, giving fourteen (14) calendar days' notice to the end of the month.

If the Bosch Homecom (Pro) account is cancelled, your user name and password will be blocked on the date the account is closed.

If you cancel your Bosch Homecom (Pro) account, we shall be entitled to permanently delete all data created in relation to your Bosch Homecom (Pro) account 30 calendar days from the date on which the cancellation took effect and after any statutory periods have lapsed. Personal data is governed primarily by data protection regulations, which may also stipulate that the data is to be deleted sooner.

You can, at any time, interrupt the transmission of usage data from your heating system to Bosch Homecom (Pro) by removing the Internet connection to your heating system (e.g. by unplugging the LAN or deleting access in your WLAN router). You can alter or stop completely the connection between your heating system and your installer/heating contractor (e.g. for extended service such as remote maintenance and remote diagnosis) at any time in your user profile. You are obliged to make your tenant, next tenant or subsequent owner of the dwelling aware that their heating system data is guaranteed to be protected only if the access to Bosch Homecom (Pro) is changed or transmission of the data is definitively interrupted.

§8 Scope of permitted use, monitoring of usage activities

Your access authorisation is limited to access to Bosch Homecom (Pro) and also to use of the services available on Bosch Homecom (Pro) under these terms of use.

You are responsible for meeting the technical requirements (in particular hardware, web browser and Internet access) in your sphere of responsibility which are essential to contractual use of the services. We are not obliged to give any advice in this regard.

It should be noted that usage activities to the extent permitted by the Telemedia Act and the Federal Data Protection Act can be monitored, or we may be under a legal obligation in this respect. This can include the logging of IP connection data and the evaluation thereof within the the scope permitted or prescribed by law if there is a specific reason to suggest a contravention against these terms of participation and use and/or if there is a specific reason to suggest that any other illegal act or criminal offence has been committed.

§9 Protection of the contents

The compilation of the contents on Bosch Homecom (Pro) is, as such, protected by copyright. You are permitted to use such contents solely in accordance with these terms of use and to the extent specified on Bosch Homecom (Pro).

§10 Right to use contents available on Bosch Homecom (Pro)

Unless any further use is expressly permitted in these terms and conditions of use or at Bosch Homecom (Pro), you are permitted to call-up online and display the contents available on Bosch Homecom (Pro) solely for your own purposes and, if you are an individual person, for the purposes of family members living in the same household. Use of the available contents for commercial purposes is forbidden. This right of use is limited to the period of your contractual participation on Bosch Homecom (Pro);

Processing, changing, translating, demonstrating or presenting, publishing, exhibiting, reproducing or disseminating (including use of so-called I-Framing) the contents available on Bosch Homecom (Pro), either in whole or in part, is prohibited.

You are also forbidden from removing or altering copyright notices, logos and other symbols or protection notes.

You are entitled to download and print contents only to the extent that Bosch Homecom (Pro) offers the functionality to download and/or print (e.g. via a download button).

You will receive an open-ended and non-exclusive right to use the contents downloaded from Bosch Homecom (Pro) for your own purposes or for the purposes of family members living in the same household. If the content has been surrendered to you for a charge, a further requirement for the granting of such a right is payment in full for the contents concerned. Moreover, all rights to the contents remain with the original right holder.

The mandatory statutory rights (including reproduction for private and other personal use) shall remain unaffected.

§11 Forbidden activities

Any action capable of impairing the smooth operation of Bosch Homecom (Pro), specifically of excessively overloading our IT systems (e.g. by browser scripts or other programs) is forbidden.

§12 Privacy policy

Please observe our data protection regulations www.bosch-homecom.com/gb/en/datenschutz.

§ 13 Limitation of liability

Bosch is liable to you without limitation solely for loss caused by an intentional or grossly negligent infringement of contractual obligations on the part of Bosch, as well as for the loss of life, physical injury and damage to health. For a simple negligent breach of obligations, whose fulfilment mainly facilitates the proper performance of the contract and on whose compliance you generally rely (essential contractual obligations/cardinal obligations), the liability of Bosch is limited to foreseeable and typical loss. Otherwise liability for ordinary negligence is excluded, especially also for every type of indirect or consequential damage. This does not affect any existing liability of Bosch in accordance with the Product Liability Act or Product Safety Act in relation to the provision of guarantees.

The aforementioned liability limitations also apply for breach of obligations by the legal representatives or auxiliary persons of Bosch. If, on the basis of the aforementioned provisions, a liability on the part of Bosch is ruled out, this applies also to a personal liability of Bosch employees and auxiliary persons.

§14 Changes to these terms of use, price increases and reduced service scope

Bosch reserves the right to change these terms of use, increase prices and reduce the service scope at any time, including within the existing contractual relationships.

If you do not raise any objection after receiving the notification and continue to use the service after the objection deadline has passed, the changes shall be deemed effectively agreed from the end of the period. In case of an objection, Bosch reserves the right to terminate the usage relationship in accordance with § 6. The change notification contains a reference to your right to object and the consequences thereof.

If the VAT rate changes, we shall be entitled to adjust the fees for the payable services in line with such changes. There is no right to object in this case.

§15 Changes to services

We are entitled to change the services offered free of charge on Bosch Homecom (Pro), make available new services for free or for a charge and cease the provision of services free of charge at any time. In such cases, we try to give due consideration to your justified interests.

In case of changes to payable services, you will be notified of such changes at least 30 calendar days before the change is due to take effect. If you do not raise any objection within 30 days of receiving the notification, the changes shall be deemed effectively agreed from the end of the period. If you raise an objection, the contract for the use of the paid service shall end when the planned change takes effect.

Under the aforementioned conditions, we are also entitled to shut down Bosch Homecom (Pro) completely.

In every change notification, your attention is also specially drawn to the consequences of the change and/or your objection and cancellation rights.

§16 Other changes to prices and service

Bosch reserves the right to continuously improve Bosch Homecom (Pro) or to make other changes not covered by the provision in § 14. This includes changes to the layout or updates to enhance product stability and expand the range of functions. If, as a result of such changes, Bosch Homecom (Pro) no longer meets your expectations, you are entitled to cancel your access in accordance with the provisions in § 7 No. 1.

§17 General provisions

The operator of Bosch Homecom is: Bosch Thermotechnik GmbH Sophienstr. 30-32 35576 Wetzlar, Germany

Detailed information about us as the operating company of Bosch Homecom can be found in our Legal Notice www.bosch-homecom.com/gb/en/impressum.

If any one provision of these terms of use is or becomes ineffective, the validity of the remaining provisions shall remain unaffected. In such a case, the parties shall endeavour to replace the invalid provision with one that most closely resembles the intended purpose. The above also applies when closing any contractual loopholes.

The places of jurisdiction prescribed by law shall apply.

To:

Bosch Thermotechnik GmbH

TT-RHC/ECP

Justus-Kilian-Strasse 1

35457 Lollar

Germany

E-mail: support.homecom@de.bosch.com

I/we(\*) hereby cancel the contract concluded by me/us(\*) for the purchase of the following goods/provision of the following services(\*):

Ordered on/received on(\*):

Your name(s):

Your address(es):

Your signature(s) (only for hard copy notifications):

Date:

(\*) Strikethrough where not applicable.