All Terms of Use
General Terms and Conditions for the Use of Time Credits/Slices (PDF)
General Terms and Conditions for the Supply of Workshop Equipment (PDF)
General Terms and Conditions for the Use of XENTRY Pass Thru EU and XENTRY Diagnosis Lite (hereinafter “Open Shell Software”) (PDF)
General Terms and Conditions regarding the Use of Applications and Data Content for After-Sales (PDF)
General Terms and Conditions for the Purchase of XENTRY Diagnosis Kit 4, XENTRY Diagnosis Kit 4 Scope, XENTRY Scope, Retail Data Storage 2 and XENTRY Diagnosis COM Kit (PDF)
Terms of Use for
Mercedes-Benz B2B Connect, WebParts, After Sales Applications and Data Content
1. General information
1.1 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 Cyprus Import Corporation Limited with registered office in 65/67 Kantaras Avenue, Kaimakli 1027 Nicosia, Cyprus (hereinafter referred to as "CIC"). 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 CIC.
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). CIC excludes any liability for the misuse of user account ID and password in the Customer's organizational unit.
2.4 CIC 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 CIC or third parties or uses the Systems in non-compliance with additional guidelines as provided for by CIC. Accordingly, the Customer warrants that the details furnished by it to CIC in particular in connection with its application for admission under Sec. 1.4 are true and complete. The Customer undertakes that it shall notify CIC 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, CIC 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 CIC 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 CIC’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 CIC.
3.2 CIC 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 CIC, such as transmission capacity and telephone links between the various parties involved. CIC 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 endcustomer 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. CIC 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, CIC 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 http://www.mercedes-benz.com.cy/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 CIC 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, CIC 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 CIC 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 CIC 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 CIC. 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 CIC 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 CIC 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 CIC 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, CIC 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 CIC 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 CIC 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, CIC 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 CIC / MBAG of an infringement.
10. Liability
10.1 CIC 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. CIC will attempt to limit the frequency and duration of any such temporary interruptions or restrictions.
10.2 Insofar as the liability of CIC 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 CIC or MBAG apply.
11. Links to other websites
11.1 For links to other websites that are not operated by CIC and the content located on such a website, CIC has no possibility to control the content of this website, as it is completely independent from CIC.
11.2 For this reason, CIC 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 CIC. Such a link requires the prior consent of CIC.
11.4 The terms of use there apply to the services of the websites of the links provided by the provider to the CIC products.
12. Changes to the Terms of Use
CIC 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. CIC shall notify Customer in textual form (e.g. e-mail) at least one month prior to such change.
CIC 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, CIC 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. CIC 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, CIC 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 CIC 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 CIC 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. CIC rights to provide B2B Connect to the Customer derive from an agreement between MBAG and CIC. CIC 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 the Republic of Cyprus.
14.2 The sole place of jurisdiction is the registered seat of CIC.
15. Final provisions
15.1 In the event of a violation of these Terms of Use, CIC 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
