Terms and Conditions for the use of the Portal
Hereinafter the contractual partner of TÜV SÜD South Asia Pvt.Ltdshall be referred to as “Customer”, and TÜV SÜD South Asia shall be referred to as “TÜV SÜD”. The Customer and TÜV SÜD shall also be referred to as” Parties”.
1. General Remarks, Scope of Application
These Terms and Conditions for the use of the Portal (“T&Cs”) govern the legal framework for the use of the data protection-portal run by the TÜV SÜD (hereinafter referred to as “Portal”).
The subject-matter of these T&Cs is the conclusion of paid and free contracts (“subscription”) for the use of the Data Protection Portal, offered by TÜV SÜD and accessible via the internet, in order to use the subject-specific information, work aids, training sessions, and other content contained thereon.
The offer to subscribe for the portal is intended exclusively for businesses purpose only.
The Terms and Conditions mentioned herein shall form an exclusive part . Any contrary terms and conditions of the customer or any such amendments will be applicable only with prior written consent of TÜV SÜD.
2. Conclusion of Contract
Customers wishing to subscribe for the desired portal must do so exclusively online. The Customer can change their details up until the point when they click the button “Register”. A User Agreement comes into existence, when TÜV SÜD sends the Customer a confirmation of the order to the email address provided.
3. User requirements and user rights of the Customer
The right of use of the said portal extends exclusively to the Customer. The Customer shall be responsible for keeping their personal access data secret and shall be responsible for any misuse. Passing the user data to a third party shall be deemed as violation of the said clause. The Customer must, without any delay, inform TÜV SÜD in case his personal login access data is being misused. TÜV SÜD shall block the access data forthwith in cases of such misuse, or where there is a well-founded suspicion that they the data is being misused.
The Portal is only accessible and searchable via the internet. The internet connection in order to use the Portal as well as obtaining and installing any requisite software therefor, if any, shall be done by the Customer and at the Customer’s expense. It is the Customer’s responsibility to ensure that the technical conditions for accessing the portal are given, particularly as regards the hardware used, the operating system, the internet connection and the browser software, considering the technical details provided by TÜV SÜD, if applicable. TÜV SÜD reserves the right to make technological changes, including in particular changes to the Portal and changes in respect of the requisite hardware and software needed to use the Portal. The Customer shall be notified of any such changes in a reasonable time. In the event that the technological components are developed further or changed by TÜV SÜD or by third parties (e.g. operating system, browser software), it shall the Customer’s responsibility to ensure that any necessary changes are made to the software and hardware used by them, and to do so at the Customer’s own expense.
The Customer shall have a right to use to all information provided on the Portal, such as sample texts and templates (hereinafter referred to as “documents”). This right of use grants access to the Portal as well as the search function, downloading and printing research results, and accepting individual search results or parts thereof. There are explicitly no further rights granted or assigned to the Customer. TÜV SÜD reserves any and all rights to the contents. In particular, the Customer shall not be permitted to replicate and disseminate any information that goes beyond the rights of use set out herein, to print copies thereof, to exploit it, to use it to build up a data base or to pass any such information on to third parties.
4. Obligations of the Customer
The Customer shall be fully responsible for ensuring that they only use the documents to the extent contractually agreed.
The Customer shall not be entitled to sell, license, assign, separate, or otherwise disseminate the documents in any manner whatsoever, nor make them publicly accessible, forward them, or replicate them either in public or not in public; these restrictions shall apply to the documents in their original or amended form, in translation, in modified or re-worked form, and shall be irrespective of whether such dissemination is done in return for a fee or free of charge.
The minimum term of the subscription shall be 12 months.
Prior to the expiry of the said term, the customer shall communicate his willingness to renew or terminate the subscription for the portal. The failure to communicate his willingness will amount the customer’s subscription to stand terminated as on the due date.
The Customer may terminate the subscription at any time by giving 14 days’ notice. The right of either Party to terminate without notice for cause shall remain unaffected by this.
6. Fee for use
The applicable fee for use shall be governed by the respective user agreement. It shall be payable in advance for the respective period and shall become due upon receipt of the invoice. It is mandatory for all Corporates to make payment within 30 days from the date of Invoice and for all Individual Candidates to make payment within 3 days from the receipt of login access of the portal. In the event that the fee is not paid, TÜV SÜD Academy shall be entitled to immediately block access to the portal.
7. Warranty und Liability
The Portal shall generally be available to the Customer 365 days, 24 hours per day. However, for technical reasons, TÜV SÜD cannot guarantee that such access is available at all times. Neither does TÜV SÜD warrant, that the Portal is accessible at all times, or that it is free from errors. This shall apply particularly where malfunctions are outside the control of TÜV SÜD.
In the event that there are any defects or malfunctions, the Customer shall notify TÜV SÜD thereof without delay.
TÜV SÜD shall not be liable for the documents being technically correct or correct as regards content, nor for their being up to date or the selection thereof, particularly in cases where it is a collection concerning specific areas of law. Neither shall TÜV SÜD provide any guarantee as to the usefulness of these documents for its Customers.
Irrespective of the legal basis, the TÜV SÜD shall be liable on the basis of fault-based liability in cases of intent or gross negligence. In cases of conduct that is merely negligent, and subject to more favourable, statutory provisions (e.g. for due care in one’s own affairs), the TÜV SÜD shall only be liable for (i) losses arising from death, personal injury or damage to health, or (ii) for losses arising from a significant breach of an essential contractual obligation (an obligation, the performance of which is essential in order to properly perform the contract, and the compliance with which the contractual partner can reasonably rely on); in the latter case, however, the TÜV SÜD liability is limited to those losses as were typically foreseeable at the time of entering into the contract.
The above limitation on liability shall also apply in cases where there an obligation is breached by, or, as the case may be, in favour of persons whose actions the TÜV SÜD is personally liable. It shall not apply where the, the abovementioned person has deceitfully failed to disclose a defect.
The Customer must notify the TÜV SÜD in writing and without delay in respect of any losses for which the TÜV SÜD is to be held liable.
Any claims to damages that are limited pursuant to this section 6 shall become statute barred one year after the statutory period of limitation begins to run.
8. Data Protection
The Data protection policy of TÜV SÜD Academy can be viewed here.
9. Final provisions
The place of jurisdiction for either Party asserting any claims shall be the place of the Registered Office of the TÜV SÜD.
The place of performance for all obligations arising from the Contract shall be the place of the Registered Office of the TÜV SÜD.
The Contracual relationship arising from these terms and conditions shall be governed exclusively by the laws of India and Indian courts shall have an exclusive jurisdiction.