Provider

Australia
Mercedes-Benz Australia/Pacific Pty Ltd
ACN 004 411 410
44 Lexia Place
Mulgrave VIC 3170

Licences

Motor Dealer Licences

VIC: LMCT 6776
NSW: MD077327
QLD: MDRC 4343819
ACT: Lic No. 20000323
SA: MVD 298959
WA: MD 28213
TAS: LMCT 6071



If you have any questions about the content on this website, please contact: b2bconnect@mercedes-benz.com or via the contact form below.

For support requests, please use the “Need help?” area. If you cannot find a suitable answer under the FAQs or categories, open a support request there. This means your request will be processed by the right support team and you will shorten your waiting time.

Legal Notice

In consideration of you viewing this website, customer portal or app you agree to be bound by the following terms and conditions:

Copyrights

Copyright 2020 Mercedes-Benz Australia/Pacific Pty Ltd ("MBAuP"). The text, images, graphics, sound files, animation files, video files and their arrangement on MBAuP’s and/or Mercedes-Benz Group companies’ websites, customer portals or apps (“Platforms”) are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other Internet sites. Some MBAuP and/or Mercedes-Benz Group companies’ Platforms also contain images that are subject to the copyright rights of third party providers.

Trade Marks

This Platform includes registered trade marks which are the subject of pending applications and trade marks which are otherwise protected by law. Unless otherwise indicated, all trade marks displayed on a MBAuP Platform are subject to the trade mark rights of specific companies within the Mercedes-Benz Group. These include each of Mercedes-Benz Group's primary brands (Mercedes-Benz, AMG, smart, Sterling, Freightliner and Setra) and the model name plates, corporate logos and emblems of the Mercedes-Benz Group.

Product Variations

Some of the product information, illustrations and images featured on the Platforms are European and reflect each vehicle’s performance and features under European conditions. Any such information, illustrations and images are indicative and for guidance only. Refer to an authorised Mercedes-Benz dealer for current information. Consequently, some of the information and/or accessories are not available in some countries or which; in order to satisfy local market demand or regulatory controls may only be available in different specifications or configurations.

If you are interested in any vehicle model, paint, option or accessory shown on this site and are unsure of its availability or specification in your locality, you should contact your local MBAuP office or a local authorised dealer for the relevant product or brand, including information of current details and options available in your locality.

Prices

All prices specified are the recommended maximum retail prices. Prices are current at the time of publication and are subject to change at any time and from time to time without notice.

No Warranties or Representations

The information that is contained on this site is for preliminary and general purposes only. MBAuP may at any time and from time to time at its full and complete discretion make any changes to the information that is contained in this site. This information is provided by MBAuP "as is" and to the extent permitted by law, is provided without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies. As such, no reliance whatsoever should be placed on the information that is contained in this site as being accurate, complete and up to date.

MBAuP is not responsible for and will not accept responsibility or liability for any cost, damage, expense or loss (whether direct or indirect) that is or may be incurred as a result of any possible error, misrepresentation and or omission that is, was, or may be contained in this site at any time and from time to time.

No Licenses

MBAuP has sought to achieve innovative and informative Platforms. We hope that you will be as enthusiastic as we are about this creative effort. However, you also need to understand that Mercedes-Benz Group must protect its intellectual property, including its patents, trade marks and copyrights. Accordingly, you are hereby on notice that neither this Platform, nor any material contained therein shall in any way grant or be taken to grant any person a license to Mercedes-Benz Group´s intellectual property.

Links to Other Sites

This Platform may contain links to other Internet sites that are owned by third parties. These links are provided solely for your convenience and do not indicate either express or implied endorsement by MBAuP of the products or services that are provided by that Internet site. When accessing third party Internet sites and using those products and services you agree and undertake to do so at your own risk. MBAuP is not responsible for and will not accept responsibility or liability for any cost, damage, expense or loss (whether direct or indirect) that is or may be incurred as a result of any third party content, links or websites.

Finance Products

Mercedes-Benz Financial Services Australia Pty Ltd is the finance arm of the Australian branch of the Mercedes-Benz Group. As such, this information must be read and is subject to the respective disclaimers, legal notice and privacy statement which are contained on the Mercedes-Benz Financial Services Australia Pty Ltd Internet site (www.mercedes-benzfinancialservices.com.au).

© Mercedes-Benz Australia/Pacific Pty Ltd. All rights reserved. Use of the information which is contained on this page is governed by the laws of Australia and is subject to the terms and conditions which can be read on the "Internet Site Usage Terms and Conditions" page.

Full Privacy Statement
OUR PRIVACY POLICY

Mercedes-Benz Australia/Pacific Pty Ltd (ACN 004 411 410) (“we”, ”us” or “our”) respects your personal information and privacy and are committed to keeping your personal information safe.

This Privacy Policy outlines:

a) the kinds of information we collect and hold about you;

b) how you can deal with us anonymously;

c) the kinds of sensitive information we collect;

d) how we collect your personal information;

e) the purpose by which and how we collect, use and disclose your personal information;

f) cross border disclosure;

g) when we will use your personal information for direct marketing;

h) how we keep your information secure;

i) how to access, update or correct your personal information; and

j) how you can make a complaint in relation to how we may have managed your personal information.

We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”) and specifically, the Australian Privacy Principles contained in Schedule 1 of that Act (“APPs”) on which this Privacy Policy is based.

Our authorised dealer and agent network is independently owned and operated, and may have privacy policies which differ from ours. Our independent authorised dealers and agents are responsible for their own respective privacy policies and privacy related processes (where relevant in the context). If you have any privacy concerns relating to an independent dealer or agent, please contact the relevant party directly.

This Privacy Policy applies to customers, potential customers, suppliers, service providers, dealers, agents, contractors, secondees, potential employees, temporary staff and generally does not apply in relation to our current or former employees.

1. THE COLLECTION OF PERSONAL INFORMATION

1.1 Information we collect and hold

We collect information that is reasonably necessary for, or directly related to one or more of our functions and activities. The types of personal information we collect include but are not limited to your:

a) name;

b) gender;

c) age and birth date;

d) occupation and employment details;

e) contact details;

f) cookies, website tracking and usage information including but not limited to Device ID, User/Cookie ID or Cookie Identifier (for more information about what  information we collect via these technologies, please refer to clause 5.2 below and our Cookie Policy;

g) registration and driver’s licence details;

h) other forms of identification used to confirm your identity;

i) credit card and bank account details;

j) other financial information;

k) current and past vehicle information and details;

l) cookies and website tracking (for information about what cookies are and how we use them, please refer to our Cookie Policy on our website);

m) location through anti-theft vehicle tracking technology in loan and demonstrator vehicles;

n) voice when we record inbound and outbound calls for quality, training and record purposes;

o) image by videos and photos at events, during market research or through security cameras;

p) educational qualifications, resume and reference checks;

q) personal interests; and

r) personal preferences (such as your preferred vehicle specifications).

Anonymity

Where appropriate, we provide you with the option of remaining anonymous when entering into transactions with us, unless such anonymity would be considered unlawful or impracticable. If you elect not to provide us with your personal information, we may not be able to do business with you or consider you for recruitment opportunities.

Sensitive Information

Generally we do not collect sensitive information. However, we may collect sensitive information about you (for example, health information and criminal record checks if you are applying for a job with us), if we have your express consent (such as for the purpose of confirming your identity) or if the collection is required or authorised by law.

1.2 How we collect your personal information

We take steps to ensure that we collect personal information by lawful means, and obtain your personal information in various ways, including but not limited to:

a) when you contact or correspond with us;

b) when you phone our customer support and assistance centres or require support;

c) when you attend one of our premises;

d) when you visit an authorised dealership to test drive or purchase a vehicle, have your vehicle serviced or repaired or undertake the ID check associated with your use of the Mercedes me connect and smart control information and telematics services. Vehicles that you test drive or loan from us or one of our wholly owned dealerships may also be fitted with anti-theft tracking technology and in this respect we may track your location;

e) if you order a product or service from us;

f) if you apply to be a dealer or an agent or through dealer/agent communications;

g) from third party roadside assistance service providers;
via our websites (including our microsites) including:

i. if you choose to supply the information to us by entering your information into the interactive sections on our websites (for example, enquiry forms, message boards, chat, profile pages, blogs, social networking features and the like). Please be aware that any information you post or disclose on these websites may be available to other site visitors and the general public (depending on the privacy settings you have in place);

ii. if you choose to create a new login or use your existing login or otherwise provide information through our websites and microsites; when you attend a (product) focus group, review a product or complete a survey;

iii. if you select any web links or visit any websites where cookies and website tracking is enabled;

h) via our Apps or the Apps of other related or Mercedes-Benz Group companies (for example, undertaking the ID check associated with your use of the Mercedes me connect and smart control information and telematics services via the App).

i)  via social media;

j) from competitions or promotions you have participated in or our events you have attended;

k) from publicly available sources (including but not limited to commercially available sources such as data aggregators and public databases) and also information that you or others may post about yourself online e.g. social media pages. This information may include things like name, demographic, interests and other publically observed data. We (or our service provider on our behalf) may combine this information from information with other information including information we collect directly from you. We may also associate information about your use of our digital services over time with your personal information, e.g. where on any occasion you have logged in, followed a link sent to you by email or where we have otherwise been able to identify you;

i. from third party service providers;

ii. when you apply for work with us and during reference checks;

iii. from other related or Mercedes-Benz Group companies;

iv. from Austroads Ltd’s National Exchange of Vehicle and Driver Information Systems if we are conducting a recall; and/or

v. from government bodies, enforcement and regulatory authorities.

Where you provide personal information about other individuals to us (for example, joint owners, family members or referees), we rely on you to inform those individuals that you are providing their personal information to us and tell them about this Privacy Policy.

2. PURPOSE OF COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

2.1 How we use personal information

Primarily we collect personal information so we can provide you with the best possible products and services that we and our authorised dealerships have to offer, to create a more personalised experience for you, and in order to comply with our legal, regulatory, industry or workplace requirements. More specific purposes include but are not limited to:

a) any purpose which we inform you about when we collect your personal information or to which you have provided your consent;

b) any purpose relating to buying, selling, repairing and loaning vehicles and parts;

c) registering your interest in buying vehicles, servicing vehicles or part sales, including via our microsites;

d) providing you with digital services requested by you including the Mercedes me connect and smart control information and telematics services;

e) if you wish to own or already own a franchise of our products and/or services;

f) any related purpose which would be reasonably necessary or directly related to one or more of our functions or activities;

g) customer management including communicating to you about any goods and services, responding to enquiries in relation to products we sell and services we offer and varying our products and services;

h) providing support to our customers and authorised dealer network;

i) customer assistance, care, contact and information;

j) fulfilling and processing orders and administering accounts;

k) roadside assistance, vehicle warranty, product issues, service measures and recalls;

l) marketing, event and promotional activities (including but not limited to competitions and other promotions);

m) informing you of special events or offers;

n) reporting, market research, customer surveys, customer analysis and product development;

o) accounting, billing or other internal administrative purpose;

p) as part of servicing and maintenance of IT systems and applications;

q) recruitment purposes;

r) to protect our legitimate interests including, for instance, registering a security interest on the Personal Property Securities Register or taking or responding to any legal action;

s) conducting background checks, including checking against sanctions lists;

t) to comply with industry, legal and regulatory requirements; and/or

u) where permitted or required by law, a court or tribunal.

2.2 Disclosure

During the course of our day to day business, we may disclose your personal information to third parties outside our organisation, including but not limited to:

a) those that you have consented we disclose your personal information to, either impliedly by your conduct, verbally or in writing;

b) our authorised dealer network;

c) contracted service providers including but not limited to payment service providers, advertising and marketing agencies, certain cookie and web technology providers referred to in our Cookie Policy, financiers, insurers, mailing houses, printers, organisations that assist us to conduct promotions, market research, product planning, analytics or research and development, payroll service providers, recruitment agencies, debt collectors, data analysts, IT service providers, roadside assistance providers, database storage and service providers, cloud service providers, auditors and professional advisors;

d) other members that are part of, related to or associated with the Mercedes-Benz Group (many of whom are based overseas see 2.3 below);

e) related companies for example, Mercedes-Benz Financial Services Australia Pty Ltd that we share corporate services with including information technology and human resources, or who provide back of office services to us;

f) third parties for the purposes of facilitating or implementing a sale or transfer of all or part of our assets or business; and/or

g) government agencies, enforcement authorities, regulators or other similar entities as required or permitted by law.

2.3 Cross border disclosure

In the ordinary course of our day to day business activities and those of our related and associated entities and service providers, your personal information may be transferred, accessed, processed and/or stored in various countries which include but are not limited to, the European Union (most notably Germany), the USA, Mexico Singapore, India, Philippines, Netherlands, Spain, Brazil, China, Malaysia, United Kingdom and Japan.

Where we arrange for work or services to be undertaken on our behalf, that work is undertaken under conditions of confidentiality and may result in your personal information being transferred, accessed, processed and/or stored (for example, on clouds or servers) in various countries for the purpose of service delivery to us or you.

Unless an exception applies in the Privacy Act, prior to disclosing personal information to overseas recipients we will take reasonable steps in the circumstances to ensure that the overseas recipient adheres to the APPs.

Overseas organisations may be required to disclose information we share with them under a foreign law. In those instances, to the fullest extent permitted by law, we will not be responsible for that disclosure.

2.4 Direct marketing

Direct marketing involves us communicating directly with you to promote the sale of our goods and services. This can be achieved by an array of methods including for example, by mail, telephone, e-mail or SMS/IM/MMS and potentially by third parties on our behalf. We will obtain your consent prior to using or disclosing your personal information for direct marketing purposes.

We do not actively market to children or knowingly collect personal information about children without parental consent. Whilst we do take steps to ensure that children’s privacy and rights are not compromised, it is ultimately the responsibility of parents to monitor their children’s internet usage.

2.4.1 Electronic communications

Where we electronically communicate with you (e.g. by instant messaging, SMS/IM/MMS, and other mobile phone messaging (but excluding voice to voice communications)) for the purpose(s) mentioned above, we comply with the Spam Act 2003 (Cth) as amended from time to time. We take steps to ensure that our electronic communications meet the following conditions, they:

(a) will only be sent with your consent, which you either provide expressly, or in very limited circumstances, that consent is inferred by your conduct or an existing ongoing business relationship;

(b) contain accurate information about us and how to contact us; and

(c) contain a functional unsubscribe facility to allow you to opt out of receiving electronic messages from us in the future.

2.4.2 Do Not Call Register Act 2006 (Cth)

The Do Not Call Register Act 2006 (Cth) allows telephone numbers to be registered if they are used primarily for domestic or private purposes in order to allow you to opt out of receiving most telemarketing calls or marketing faxes. If you have registered your private or domestic number on the register, then we will not contact you for telemarketing purposes for example, offering to sell you goods or services except if you have expressly opted in to receive direct marketing phone calls from us of which you can opt out of at any time.

However, we will still contact you for purposes that are not telemarketing purposes, including but not limited to the following:

a) product recall, issue and fault rectification calls;

b) appointment reminder and rescheduling calls;

c) calls relating to payments;

d) calls relating to a contract or the subject matter of contract we have with you; and

e) solicited calls.

2.4.3 Opting out - Direct marketing, electronic communications and telephone calls

If you do not wish to receive direct marketing, electronic communications or telephone calls from us for direct marketing purposes, you can opt out at any time. When you opt out, we will stop sending the material until such time as you change your preferences.

If you elect not to receive any direct marketing material from us, you are likely to miss out on special product and service promotions, invitations to events, publications and other items that fall into this category.

You can opt out by contacting our Privacy Officer as per the details set out in item 4.3 of this Privacy Policy.

2.5 Cookies, Tracking and Retargeting Technologies

2.5.1 General

Cookies: for further information about what cookies are and how we use them, please refer to our Cookie Policy on our website.

Tracking technologies: We want the content of our websites to match your preferences as closely as possible thereby improving what we offer you. To recognise user preferences and popular areas of our websites, we use the following Tracking technologies on our websites: Adobe Analytics and Google Analytics.

Important: When Tracking technologies are used, cookies on our websites register your interest in our products and services. In the process, random identifiers (so called “Cookie IDs) are used which are brought into connection with your name, your address or similar personally identifiable information that we may already hold (e.g. from an existing contractual relationship). On this basis, if you have already provided us with personally identifiable information, by consenting to the use of Tracking technologies you are consenting to us associating your browsing activity on our websites to you personally.

Retargeting technologies: We also use so-called Retargeting technologies in order to tailor our online marketing (e.g. banner ads) more specifically to your needs and interests. Such technologies include: Adobe Target, Flashtalking by Simplicity Marketing Limited, Google Search Ad, Google Display & Video 360, Facebook Pixel, and Salesforce Data Management Platform. These Retargeting technologies track your activity on our websites and third party websites to help us serve relevant ads to you more effectively.

For Retargeting technologies, we do not bring any Cookie IDs into connection with personally identifiable information that we may already hold (such as your name, your address or similar). If we do wish to associate this data, we will first obtain your express consent.

For legal reasons, the use of Tracking and Retargeting technologies is sometimes only possible with your express consent. You can also object to the use of such technologies if you wish (see 2.5.2 [Managing Tracking and Retargeting and Cookies]).

Further information about the above technologies from the respective providers, and the associated processing of personal data, can be found at the following links (Please refer to our Cookie Policy on our website).

2.5.2 Managing preferences

You can manage and deactivate the use of cookies on the above websites or in your browser as explained in our Cookie Policy.

All other cookies: For all other cookies, by simply using our Websites, you consent to the use of cookies.

If you do not wish for us to use cookies, you can permanently object to the practice (“Opt-Out”) at any time. To find out more, please visit our Cookie Policy.

We will comply with your objection by placing an Opt-Out cookie in your browser. This cookie will only indicate that you have opted out. Please note that for technical reasons, an Opt-Out cookie affects only the browser in which it has been installed. If you delete the cookie or use a different browser or device, you will need to opt out again.

2.5.3 Data transmission to so-called third countries

When using Tracking and Retargeting technologies, data may be transmitted to recipients outside Australia.

3. SECURITY OF PERSONAL INFORMATION

3.1 Integrity and quality of personal information

We take reasonable care to ensure that personal information we use, store and subsequently destroy/delete (where relevant) meets certain quality requirements, in that the personal information is accurate, up to date and complete.

3.2 Security of personal information

While care is taken to protect your personal information, unfortunately no data transmission over the internet is guaranteed as being 100% secure. Accordingly, we cannot guarantee the security of any information you send to us or receive from us online. That is particularly true for information you send to us via email as we have no way of protecting the information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Privacy Act.

MBAuP follows the Mercedes-Benz global policies, guidelines and standards to secure your information. We continually train and remind our staff of the importance of keeping information safe and secure.

We have adopted active security measures to ensure that your personal information is kept safe from misuse, interference, loss, unauthorised access, disclosure and modification, such as:

(a) System security: Our application systems are password protected and can be accessed only by people authorised to do so. Our policies require us to encrypt confidential information, for instance, when you provide information to us using our website or when you send information from your computer to us. Security is inbuilt into the design and operations of our systems through the use of firewalls, ethical hacking and virus scanning tools.

(b) Physical security: Our premises are protected against unauthorised access by way of access card for entry, cameras, alarms and security services.

(c) Data retention: If personal information is no longer required for the purpose for which we are permitted to use, disclose or legally retain it, then we will permanently remove from a record any information by which an individual may be identified in order to prevent future re-identification from the data available. We retain information as long as needed to comply with the law or our own corporate policies and procedures.

Whilst we seek to keep your personal information secure, errors may occur from time to time and we will act quickly to investigate them and implement measures to avoid them from happening again (where possible).

We will at no time sell, rent or trade your personal information to or with any other unrelated entity.

4. ACCESS, CORRECTION, COMPLAINTS AND ENQUIRIES

We take reasonable steps to ensure that information we collect, hold or disclose about you is accurate, complete and up to date.

4.1 Access to information we hold about you

At any time you can request access to information we hold about you. We aim to respond to your request within 30 days. We may charge a reasonable fee for information requests.

Whilst we are obliged to provide you with access to your information, there are exceptions and those are outlined in the Privacy Act. If one of the exceptions applies to your access request, we will (if reasonable in the circumstances) work with you and attempt to provide you with access in a way to meet both of our needs. If it is reasonable in the circumstances, we will also notify you in writing if we have determined to refuse access to your personal information due to one of the exceptions listed above and the reasons for that refusal.

4.2 Correction of information we hold about you

We also encourage you to actively engage with us and let us know when your details change or if your personal information needs correction or updating via our contact information provided below.

4.3 Complaints and enquiries

If you are not happy with the way we have handled your personal information or believe that we have breached the Privacy Act or the APPs, please contact us and we will try our best to resolve the matter with you. For security reasons, we request that complaints, requests for access to or correction of personal information or any enquiries or questions concerning privacy matters be put in writing and either e-mailed or posted to:

The Privacy Officer
Mercedes-Benz Australia/Pacific Pty Ltd
44 Lexia Place
Mulgrave, Victoria
Australia 3170
By phone: 1300 300 896
By email: mbaupprivacyofficer@mercedes-benz.com

We may also require proof of your identity.

For information about privacy generally, or if your concerns are not resolved to your satisfaction, please contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.

5. INFORMATION RELATING TO PROSPECTIVE, CURRENT AND FORMER EMPLOYEES

Due to the employee records exemption in the Privacy Act, this Privacy Policy does not apply to our past or current employees. However, we recognise that employee records should be handled with the utmost care and we therefore will comply with any obligations that may apply to employee personal information under other applicable laws.

If an employee has any questions or requests relating to their employee records, then the employee should contact MBAuP’s human resources department.

This Privacy Policy applies to independent contractors, job seekers, secondees and work experience students.

6. CHANGES TO THIS PRIVACY POLICY AND OBTAINING A COPY OF THIS POLICY

We make our Privacy Policy available on our websites and will provide a copy of this Privacy Policy to anyone who requests it free of charge.

We review and update this Privacy Policy from time to time to ensure it is current. If such a review or update does occur, the most current version of the Privacy Policy is placed on our websites.

 

Last updated: May 2022

All Terms of Use

General Terms and Conditions regarding the Use of Time Slices for Applications and Data Content for the After-Sales outside of the European Union (EU) and European Free Trade Association (EFTA) (PDF)

Terms of Use for
Mercedes-Benz B2B Connect, WebParts, After Sales Applications and Data Content

1. General information

The Mercedes-Benz B2B Connect platform (hereinafter referred to as "B2B Connect") is an information and trading platform that provides an overview of and access to repair and service information and Mercedes-Benz genuine parts.

The customers will have access to the online sales of Mercedes-Benz genuine parts - to the extent applicable in their respective country -, which is provided via the WebParts system (hereinafter referred to as "WebParts"). WebParts gives customers the opportunity to research Mercedes-Benz genuine parts independently, as well as to view prices and availability of genuine parts and order them from their Mercedes-Benz authorized partner. In addition, WebParts offers customers further advantages such as access to sales activities of your Mercedes-Benz authorized partner as well as order management including templates.

Besides, the customers get access to the online distribution of repair and service information, which is carried out as part of B2B Connect, including maintenance information, diagnostic solutions, workshop equipment (hereinafter referred to as " After Sales Applications and Data Content").

B2B Connect, WebParts and After Sales Applications and Data Content are hereinafter jointly referred to as "Systems".

Finally, as part of B2B Connect, the customers may use an evaluation tool, which enables the customers to evaluate the Systems and the performance in this regard and provide feedback (hereinafter referred to as "5*Rater").

1.2 The provider of the B2B Connect and WebParts is Mercedes-Benz Australia/Pacific Pty Ltd with registered office in Melbourne, Australia (hereinafter referred to as called "MBAuP"). The provider of the After Sales Applications and Data Content which are available for purchase and use via B2B Connect within the European Union (EU), European Free Trade Association (EFTA) or the United Kingdom is Mercedes-Benz AG with its registered office in Stuttgart (hereinafter referred to as "MBAG"). Outside of those territories the provider of the After Sales Applications and Data Content shall be MBAuP.

1.3 The Systems belong to and are technically supported by MBAG. The Systems are offered and intended exclusively for commercial customers within the meaning of Section 14 of the German Civil Code (BGB), i.e. for B2B and independent contractors who carry out repair and maintenance services for motor vehicles (hereinafter referred to as "Customers"). The use of the systems by end customers and consumers is expressly not permitted.

1.4 The permission to make use of the Systems depends on their availability in each country and the acceptance of the Customer’s application for admission (see registration process in Sec. 2.2 hereunder) which is made by an email confirming admission. In its application for admission, the Customer shall specify its organization and organization address as well as the Customer administrator’s name and email address. Additional users of an organization can solely be created by the Customer administrator. Per organization only one administrator is permitted. In addition, the Customers must belong to the authorized group of persons of the respective System. Conditions for becoming an authorized user are set out below in these terms of use (hereinafter referred to as “Terms of Use”). The sole acceptance of these Terms of Use does not imply any claim by the Customer to the provision of all the above-mentioned Systems.

1.5 These Terms of Use define the rules of use of the Systems by the Customers.

2. Technical requirements, registration and accounts, use policy, license 

2.1 In order to use the Systems, Customers need a standard PC/laptop and a browser compatible with modern web standards.

2.2 To use the Systems, a registration and account creation via the UMAS system of MBAG is required. For the registration and account creation the terms of use and data protection regulations for UMAS apply. Once the Customer has created such an account and has received confirmation of it through MBAG via email, Customer is an authorized user of the B2B Connect Platform and the other Systems accessible through it. The use of other Systems, however, being subject to separate conditions, terms of use and additional data protection notices as set out below.

2.3 The Customer undertakes not to disclose his account data assigned to him or his staff (e.g. his employees) to any unauthorized person (in particular anyone outside the Customer’s organization). MBAuP excludes any liability for the misuse of user account ID and password in the Customer´s organizational unit.

2.4 MBAuP reserves the right to block a Customer / a Customer’s user in the event of signs of improper use. A use shall be deemed improper in particular where a Customer uses the Systems or information provided therein outside the intended use purposes, uses the system for illegal purposes or purposes violating the rights of MBAuP or third parties or uses the Systems in non-compliance with additional guidelines as provided for by MBAuP. Accordingly, the Customer warrants that the details furnished by it to MBAuP in particular in connection with its application for admission under Sec. 1.4 are true and complete. The Customer undertakes that it shall notify MBAuP promptly of all future changes to the details given. The same shall apply with respect to all details the Customer furnishes when setting up further accounts for authorized users. Besides that, the Customer undertakes to ensure that the hardware and software employed by him in the use of B2B Connect, including work-station computers, routers, data communication systems and so forth are free from any viruses, worms, Trojan horses, etc. With regard to any data uploaded by the Customer, the Customer undertakes to ensure that he is the holder of all rights in the uploaded data and may freely dispose over the use, including that the uploaded data is not encumbered with third-party rights, which stand opposed to such a use.

2.5 Subject to Customer’s compliance with these Terms of Use, MBAuP or its content providers grant Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use of B2B Connect, WebParts and After Sales Applications and Data Content for its own commercial purposes. All rights not expressly granted to Customer in these Terms of Use are reserved and retained by MBAuP or its licensors. The Customer is not entitled to allow third parties outside of its organization access to B2B Connect. This does not apply to third parties performing operational tasks on behalf of the Customer in connection with the use of DSB. Customer may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of B2B Connect, WebParts or After Sales Applications and Data Content without MBAuP’s express written consent.

3. Availability of the services 

3.1 There may be interruptions in availability due to maintenance required for the website. Interruptions in availability may occur due to force majeure or other causes beyond the control of MBAuP.

3.2 MBAuP points out
1) that it is technically impossible to make the Systems available free of errors of any kind and that the provider therefore assumes no responsibility whatsoever,
2) that errors can lead to temporary shutdown of the Systems,
3) that the availability of the Systems is dependent on conditions and performance beyond the control of MBAuP, such as transmission capacity and telephone links between the various parties involved. MBAuP is not responsible for disruptions falling within this area.

4. Mandatory instructions for use for B2B Connect, B2B Connect Seller Center  

B2B Connect provides a service that allows the Customer to create vehicles to enable quicker location of parts and technical information matching the respective end-customer vehicle. By accepting these Terms of Use, the Customer agrees to provide the end-customer with all relevant information and ensure that Customer is entitled to use personal data of an end-customer in this context in accordance with applicable laws, especially with regard to the vehicle identification number (“FIN/VIN”) of the end-customer vehicle, the vehicle registration number and the end-customer name, if applicable and such data being entered.

Upon request Customer may receive support from a pre-selected Mercedes-Benz authorized partner through the B2B Connect Seller Center (“Seller Center”) which enables the selected Mercedes-Benz authorized partner to support with complaints or other requests concerning B2B Connect and WebParts. Subject to prior confirmation, the selected Mercedes-Benz authorized partner receives access to Customer’s service requests (e.g. tickets) in order to provide support. Such a support is provided only in the relationship between Customer and Mercedes-Benz authorized partner and exclusively under the responsibility of the latter. MB X is not assuming any responsibility for Mercedes-Benz authorized partner’s use of Seller Center or additional support provided to Customer rendered thereunder. Section 10 shall, however, remain unaffected.

5. Further provisions for the use of WebParts

5.1 The Customer may navigate to WebParts via B2B Connect. However, in order to purchase parts via WebParts, the Customer will have to accept separate terms of use and be activated for online ordering by the respective Mercedes-Benz authorized partner. Afterwards, Customer will be able to purchase parts directly via WebParts from Mercedes-Benz authorized partners. Such a purchase will be based on general terms and conditions and data protection provisions or notifications of the Mercedes-Benz authorized partner, which is the contracting partner of the Customer. Payment will be executed separately and be governed by the general terms and conditions of the Mercedes-Benz authorized partner.

5.2 Customer can select parts from the Mercedes-Benz authorized partners and collect them in a so-called shopping cart by clicking on the button "Add to cart".

5.3 The offering of parts shall not constitute any legally binding offers within the meaning of sec. 145 of the German Civil Code, but rather merely constitute an invitation to tender bids („invitatio ad offerendum“). Where a Mercedes-Benz authorized partner and a Customer have not made any agreement to the contrary, by clicking the button “send order” Customer submits a binding application to purchase the parts and a contract shall be deemed formed at such time as the Mercedes-Benz authorized partners accept the order of a Customer by forwarding an order acceptance. The order acceptance may either be sent by Mercedes-Benz authorized partner in electronic form or generated in WebParts itself. In this respect, MBAuP only acts as messenger of receipt for the respective declarations of intent. Before submitting the order, the Customer can change and view the data at any time.

5.4 If the Customer wishes to have an introduction to WebParts, these will be offered by Mercedes-Benz authorized partners. Alternatively, corresponding manuals for the system can be found at https://www.tradeclub.mercedes-benz.com.au/Home/WebParts

5.5 When ordering parts from the Mercedes-Benz authorized partner via WebParts, company data of the Mercedes-Benz authorized partner will be displayed in the system, as well as corresponding discount information from their Mercedes-Benz authorized partner. When ordering parts Mercedes-Benz authorized partner will receive order details ((number of) ordered parts, order number) including company details (organization name and address, user name, email, phone number) referring to the Customer and the relevant transaction. This information is used for online parts ordering and associated measurement of market acceptance and further development of the system.

5.6 Certain information with regard to Customers transaction as executed via WebParts will be provided to MBAuP to be displayed to Customer within B2B Connect, including the order history, specific information of purchased parts, etc.

5.7 Further information regarding the processing of the Customers’ personal data which is forwarded to the Mercedes-Benz authorized partner in order to enable the purchase of parts, may be set out in the privacy policy or related terms of the respective Mercedes-Benz authorized partner.

5.8 The Mercedes-Benz authorized partners, MBAuP and MBAG assume no liability whatsoever for missing or incorrect information such as, for example, on installation, prices and discounts. The availability of parts shown is based on experience and is not binding. A delivery period is not agreed.

6. Further provisions for the use of After Sales Applications and Data Content 

6.1 If MBAuP is located within the European Union (EU), European Free Trade Association (EFTA) or the United Kingdom, when ordering After Sales Applications and Data Content via B2B Connect, Customer will purchase the respective services directly from MBAG. If MBAuP is located outside of the European Union (EU), European Free Trade Association (EFTA) or the United Kingdom, After Sales Applications and Data Content will be purchased from MBAuP. For the actual purchase of After Sales Applications and Data Content the general terms and conditions including related data protection provisions and notifications of MBAG or MBAuP will apply.

6.2 Customer can select After Sales Applications and Data Content and collect them in a so-called shopping cart by clicking on the button "Add to basket".

6.3 The offering of After Sales Applications and Data Content shall not constitute any legally binding offers within the meaning of sec. 145 of the German Civil Code, but rather merely constitute an invitation to tender bids („invitatio ad offerendum“). Where MBAuP or MBAG and a Customer have not made any agreement to the contrary, by clicking the button “confirm order and pay” Customer submits a binding application to purchase the After Sales Applications and Data Content and a contract shall be deemed formed at such time payment was successful and as MBAuP or MBAG accepts the order of a Customer by forwarding an order acceptance. The order acceptance will be sent in electronic form. In this respect, MBAuP only acts as messenger of receipt for the respective declarations of intent. Before submitting the order, Customer can change and view the data at any time.

6.4 Information regarding the processing of the Customers’ or Customer’s customers personal data through MBAG or MBAuP in the context of providing the After Sales Applications and Data Content is set out in the specific data protection regulations for After Sales Applications and Data Content.

7. Further provisions for the use of 5*Rater 

7.1 When using the 5*Rater to rate the performance of a Mercedes-Benz authorized partner, certain information of the Customer, including Customer company name and purchase related information, will be forwarded to MBAuP and the Mercedes-Benz authorized partner that is concerned by the evaluation of the Customer.

7.2 Further details on how the information is used by MBAG, MBAuP or the Mercedes-Benz authorized partner is set out in the privacy policy for B2B Connect.

8. Copyright and database rights 

8.1 All content included in or provided by the Systems, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections are all subject to copyright and other intellectual property laws. They may not be copied, either for commercial purposes or for redistribution, nor may they be modified and used on other websites. Some material is subject to the copyright of those parties who have made such material available.

8.2 Customers may not systematically extract and/or reuse essential parts of the Systems without explicit written permission from MBAG. In particular, they may not use data mining, robots or similar data collection and extraction programs to extract any essential parts of the Systems for reuse (whether once or several times) without the explicit written permission of MBAG. Furthermore, Customers may not create and/or publish an own database containing essential parts of the Systems without the explicit written permission of MBAG.

9. Claims from intangible property rights 

MBAG respects the intangible property rights of third parties. If a Customer is of the opinion that its intangible property rights have been used in a way that gives cause to fear an infringement, it has to follow the procedure for notifying MBAuP / MBAG of an infringement.

10. Liability

10.1 MBAuP always endeavours to ensure that the Systems are available without interruption and that transmissions are error-free. However, due to the nature of the Internet this cannot be guaranteed. Access to the Systems by the Customer may also be interrupted or restricted occasionally to enable repairs, maintenance or the introduction of new equipment. MBAuP will attempt to limit the frequency and duration of any such temporary interruptions or restrictions.

10.2 Insofar as the liability of MBAuP is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10.3 With regard to the actual provision of purchased After Sales Applications and Data Content, the respective general terms and conditions of either MBAuP or MBAG apply.

11. Links to other websites 

11.1 For links to other websites that are not operated by MBAuP and the content located on such a website, MBAuP has no possibility to control the content of this website, as it is completely independent from MBAuP.

11.2 For this reason, MBAuP does not accept any responsibility for the contents of these websites and the consequences of their use by visitors to these websites. Accessing all websites accessible via links is at the Customer's own risk.

11.3 Other websites may have a link to the websites of MBAuP. Such a link requires the prior consent of MBAuP.

11.4 The terms of use there apply to the services of the websites of the links provided by the provider to the MBAuP products.

12. Changes to the Terms of Use

MBAuP is entitled to change the functions provided through B2B Connect (including After Sales Applications and Data Content) and WebParts contents if such a change would not require a change to these Terms of Use. MBAuP shall notify Customer in textual form (e.g. e-mail) at least one month prior to such change.

MBAuP shall be entitled to amend these Terms of Use to the extent such a change is neutral or beneficial to Customers unilaterally at any time. Otherwise, MBAuP shall notify Customer in textual form at least six (6) weeks  prior to such a change. If Customer does not object to such changes in textual form within four (4)  weeks after having received such a notification the proposed changes shall become binding upon the parties six (6) weeks after the notification. MBAuP shall notify the Customer of the effect of not objecting to such changes together with such a notification. Customer shall have the right to object to such changes. If Customer objects, MBAuP shall have the right to terminate the Customers use of the Systems affected by such a change for cause.

With regard to the actual provision of purchased After Sales Applications and Data Content, the respective general terms and conditions of either MBAuP or MBAG apply.

Section 13 shall remain unaffected hereof.

13. Term and Termination

13.1 These Terms of Use commence on the acceptance of them and continue upon termination (textual form suffices with regard to all terminations under this § 13).

13.2 The Customer may terminate these Terms of Use anytime with a notice period of four weeks by which its right to use B2B Connect and WebParts ends accordingly. With regard to the actual provision of After Sales Applications and Data Content, the respective terms and conditions apply.

13.3 MBAuP may cease providing B2B Connect and WebParts and may terminate Customer’s right to use with a notice period of four weeks. With regard to the actual provision of After Sales Applications and Data Content, the respective terms and conditions apply.

13.4 Either Party may immediately terminate these Terms of Use for cause.

13.5 A termination for cause shall in particular be possible in case of discontinuation of the main license. MBAuP rights to provide B2B Connect to the Customer derive from an agreement between MBAG and MBAuP. MBAuP may therefore terminate these Terms of Use without prior written notice to the Customer if its own rights to provide B2B Connect are terminated / not continued by MBAG.

14. Place of jurisdiction and applicable law 

14.1 Differences of opinion and disputes arising from these Terms of Use shall be governed exclusively by the law of Victoria, Australia.

14.2 The sole place of jurisdiction is the registered seat of MBAuP.

15. Final provisions

15.1 In the event of a violation of these Terms of Use, MBAuP is further entitled to exercise its rights at every opportunity in which the Customer violates these Terms of Use.

15.2 If any provision of these Terms of Use is invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

15.3 The invalidity of a provision shall not affect the validity of the other provisions of these Terms of Use. Should this case occur, the provision shall be replaced by another legally admissible provision that corresponds to the meaning and purpose of the invalid provision.

 

Status: January 2024