Terms of Use

Thank you for visiting the webpage of Bosch Hong Kong (www.bosch-home.com.hk) and/or the webpage of Siemens Hong Kong (http://www.siemens-home.bsh-group.com/hk/), both operated by BSH Home Appliances Limited (hereinafter collectively referred to as “our Websites”).

Your access to and use of our Websites and any web pages provided by us shall be subject to these Terms of Use and our Privacy Statement. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, by starting to use our Websites.

By accessing, browsing or using our Websites, you acknowledge that you have read, understood and agree to abide and comply with all the terms and conditions contained in or referenced by these Terms of Use.. You should discontinue access to and the use of our Websites in the event that you do not agree with any of the Terms and Conditions.

1.1 The contents and materials contained in our Websites including but not limited to the information, text, graphics, designs, sounds, trademarks, trade names, logos and software programmes (hereinafter collectively referred to as “Intellectual Property”) are the properties of BSH Home Appliances Limited and/or the Bosch group companies and/or the Siemens group companies and are protected by copyright, trademark and other forms of intellectual property and proprietary rights.

1.2 Access to and or use of our Websites shall be for personal and non-commercial purposes only and you shall not copy, distribute, reproduce, modify, publish and or otherwise deal with any part of the same in any manner howsoever without our prior consent in writing.

1.3 We offer on our Websites specific information and software, as well as related documentation (if applicable), for viewing or downloading.

1.4 We reserve the right to cease the operation of our Websites in full or in part at any time without notice and without liability for any reason.

2.1 Some pages of our Websites may be password protected. For the sake of safety and security of business transactions, only registered users may access to such pages. We reserve the right to deny registration to any person. We particularly reserve the right to restrict certain sites or web pages, which were previously freely accessible, for access subject to registration. We are entitled, at any time and without the obligation to give reasons, to deny any user of our Websites (hereinafter referred to as the “User”) the right to access the password-protected areas by blocking its User Data (as defined in Clause 2.3 below), in particular if the User

- uses false data for the purpose of registration;

- violates these Terms of Use or neglects his duty of care with regard to the User Data; or

- has not used our Websites for a long period of time.

2.2 For registration the User shall give accurate information and, where such information has changed over time, shall inform us of the changes online without undue delay. The User shall ensure that his e-mail address provided to us, is up to date, at which the User can be contacted.

2.3 Upon registration the User will be provided with an access code, comprising a User ID and a password (which data subject to subsequent change of password are hereinafter collectively referred to as “User Data”). On the first access to the password-protected areas the User shall change the password received from us to a new password known only to the User. The User Data allow the User to view or change its data or, if applicable, to withdraw his consent to data processing.

2.4 The User shall ensure that the User Data are not disclosed to or accessible by third parties and shall be liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log off from the password-protected areas of our Websites. If the User becomes aware that third parties are misusing its User Data, the User shall immediately notify us thereof in writing or by e-mail without delay.

2.5 After receipt of the notice mentioned in paragraph 2.4 above, we will deny access to the password-protected areas under the relevant User Data. Access by the User to the said areas will only be resumed upon the User’s application to us or upon a new registration.

2.6 A User may at any time by notice in writing request us to de-register his registration PROVIDED THAT any such de registration pursuant to this Clause shall be without prejudice to any other rights or remedies a party may be entitled to under these Terms of Use or at law and shall not affect any accrued rights or liabilities of any of the parties nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination. In such event we will delete from our Websites all user data and other stored personal data of such User, such as his name, address, email address, telephone number, fax number, as soon as these data are no longer needed.

a. The features and specifications of products made available on our Websites are subject to change at any time without notice.

b. Measurements and colours as seen on our Websites are estimates only;

c. Orders for products and/or services are binding and constitute a legal contract between you and us only upon acceptance of such orders by us in writing and shall be subject to separate terms and conditions.

d. The processing of orders for the purchase of products and/or services and their deliveries shall be subject to separate terms and conditions.

e. We shall not be liable in any manner howsoever for the non-receipt of any order made by you.

4.1 The use by a User of any information, software and documentation provided on our Websites is subject to these Terms of Use prevailing on our Websites at the time of use. Notwithstanding the above, separately agreed licence terms (if any) shall prevail over the said Terms of Use.

4.2 We grant the User a non-exclusive but non-transferable right to use the information, the software and documentation made available to the User on the our Websites to the extent agreed, and in the event that no such agreement exists, to the extent of the purpose for which the same is made available by us.

4.3 Software will be made available at no cost in object code, provided that the User shall have no right to require the source code to be made available to it. However, this does not apply to source code related to open source software, in respect of which the relevant licence conditions shall prevail over these Terms of Use. In the case of transfer of open source software, the conditions governing which specifically require the making available of the source code, we will make the source code available in return for the payment of charges.

4.4 The User shall not disclose, distribute or make available to third parties for hire or otherwise the information, software and documentation it obtained from our Websites. The User shall not modify the software or documentation which it downloaded from our Websites, nor disassemble, conduct reverse engineering of, or decompile the software or separate any part thereof. The User may make one backup copy of the software for its own further use only.

4.5 The information, software and documentation provided on our Websites are protected by copyright laws, international copyright treaties and other laws and conventions related to intellectual property. The User shall observe and comply with such laws and in particular shall not remove any alphanumeric code, marks or copyright notices from the information, the software or documentation provided on the Siemens Web Site.

5.1 Notwithstanding the particular provisions in Section 4 of these Terms of Use, any information, brand names and other contents of our Websites shall not be changed, copied, reproduced, sold, let, used, supplemented or otherwise used in any other way without our prior written permission.

5.2 Except for the rights of use and other rights expressly granted herein, no rights shall be granted to the User nor implied to be granted to it, such as, intellectual property rights relating to us, including but not limited to patents, brands or utility models.

6.1 While using our Websites the User shall not:

- infringe the rights of or harm other persons, in particular minors;

- breach public morality in its manner of use;

- violate any intellectual property right or any other proprietary right;

- upload any contents containing a virus, so-called Trojan Horse, or any other program that may damage data;

- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or are illegal; or

- distribute advertising or unsolicited e-mails (commonly called “spam”) or incorrect warnings of viruses, defects or similar materials, and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or the like.

6.2 We may deny any User the right of access to our Websites at any time, in particular if the User breaches any provision or obligation under these Terms of Use.

Our Websites may contain hyperlinks to the web pages of third parties. We accept no responsibility or liability for the contents of such web pages and does not make representation about or endorse such web pages or their contents as its own, as we do not control the information and other materials on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at your sole risk.Liability for defects of title or quality

8.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are expressly excluded, and we do not accept responsibility or liability for the same.

8.2 The information provided on our Websites may contain general descriptions relating to the functions or other technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be ascertained and mutually agreed in each case at the time of purchase.

9.1 Our liability for defects in relation to quality and title of any information, software or documentation provided on our Websites shall be determined in accordance with the provisions of Section 8 of these Terms of Use. Any further liability of Siemens is hereby excluded.

9.2 We make every endeavour to keep our Websites free from viruses, but we do not guarantee that it is virus-free. The User shall, for his own protection, take necessary steps to install appropriate security measures and utilize a virus scanner before downloading any information, software or documentation. The User shall take all reasonable steps to install suitable security measures and utilize a virus scanner to ensure that no viruses are uploaded onto our Websites.

10.1 Whilst every reasonable care has been taken in preparing the information and materials contained in this web site, such information and materials are provided without warranty of any kind either express or implied. The materials and information contained on this web site are provided for general information only and should not be used as a basis for making business decisions. Any advice or information received via this web site should not be relied upon without consulting more accurate or up to date sources of information.

10.2 We control and operate this web site from the Hong Kong Special Administrative Region (“Hong Kong”). We make no representation that any information, software and documentation on our Websites are appropriate or available for use in locations outside Hong Kong. If Users access our Websites from outside Hong Kong, they are solely responsible for compliance with all relevant local laws. Access to our Websites’ information, software and documentation from countries where such content or material is illegal is prohibited. It is the User’s responsibility to find out whether our Websites’ materials are restricted by law in jurisdictions outside Hong Kong.

10.3 We accept no liability and will not be responsible or liable for any loss or damage arising directly or indirectly from the User’s use of this web site, howsoever arising, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy of this web site, its contents, materials or associated services.

For collection, use and processing of personal data of the User, we will comply with applicable laws on data privacy protection and our Privacy Statement which is available at www.siemens-home.com.hk/privacy-statment.html and www.bosch-home.com.hk/privacy.html

The User agrees to indemnify and keep indemnified us, our officers, directors, shareholders, employees, agents and affiliates against all claims, demands, loss, damages, costs and expenses (including legal fees) arising out of or in connection with:

(a) the use by the User of our Websites, or the use of our Websites by any other person using the User Data of the User;

(b) any breach or non-observance of any of these Terms of Use by the User or any other person who access to our Websites using the User Data of the User.

13.1 We shall be at liberty to vary the terms and conditions of use from time to time.We shall be at liberty to modify the contents and materials contained in the website, including but not limited to revisions, amendments, alteration of prices, withdrawals and or discontinuation of any product and/or service at any time and at our absolute discretion.

13.2 Your continued access to and or use of our Websites after the said variation and modification shall be deemed to constitute an affirmative acknowledgment by you of the said variation and modification and agreement to abide by the same.

14.1 These Terms of Use shall be governed by the laws of Hong Kong and all disputes relating to or in connection with these Terms of Use or their subject matter shall be subject to the jurisdiction of the Courts of Hong Kong.

14.4 In these Terms of Use, words importing the singular number shall include the plural number and vice versa, and words importing the masculine, feminine or neuter gender shall include the others of them.