GENERAL TERMS OF USE FOR CONSUMERS
Effective date 01.03.2023
1. Introduction
1.1 Please read these terms of use (“Terms of Use”) carefully before using this
website themotorchain.com or the mobile application (the “App”)
(together the “Platform”). Accessing and using the Platform indicates that you accept
and agree to comply with the Terms of Use. If that is not the case, do not use the
Platform.
1.2 These Terms of Use apply to the user (hereinafter “User”, “you”) of TMC
Services (as defined hereinafter) within the framework of the use of the Platform.
1.3 The Platform is operated, and the Terms of Use are issued by MARKETINGLINK GmbH, Lidostrasse 5, 6006. Lucerne. Switzerland (“The Motor Chain”, or “TMC”).
1.4 TMC may at any time revise these Terms of Use. You are bound by any such
revision and should therefore periodically visit this page to review the then current
terms to which you are bound.
2. TMC Services
2.1 TMC offers you the Platform for storing and organizing your vehicle’s
documentation (the “Vehicle Documentation”) along with the User profile (together
with Vehicle Documentation, the “User Content”) in the Platform via the “Collection”
section.
2.2 The Platform allows you to share your Vehicle Documentation with other users of
the Platform with the goals of showing the vehicle’s history, modifying the Vehicle
Documentation or transfer it to other user.
2.3 TMC is not an intermediary, not a buyer or seller and not a representative of the
User or anyone else using the Platform and accessing the Vehicle Documentation,
but only a technical service provider.
2.4 TMC may at any time and at its own discretion deny access to the Platform
and/or delete Content if there is reason to believe it is unlawful, defamatory, abusive,
or infringing third parties’ rights. The User is not entitled to retain certain services or
parts thereof.
3. Information on the Platform
3.1 All information and materials on the Platform are presented solely for the
purpose of providing general information on the TMC Services. Such information and
materials do not constitute offers for products and/or TMC Services or its partners or other third parties, nor do they constitute advice or other instructions on the use of
products and/or TMC Services.
3.2 The Platform may contain information on TMC products and services, not all of
which are available at every location. A reference to an TMC product or service does
not imply that that such product or service is or will be available at your location.
4. Registration by the User
4.1 The use of certain TMC Services requires the registration and validation of the
User on the Platform. Registration is only permitted for individuals who are of legal
age. Only Validated Users can register, document and inspect vehicles in the
Platform.
4.2 By submitting the registration data in the Platform, the User makes an offer to
TMC to conclude a contract for the temporary recording and provision of the User
Content in the Platform. Upon receipt of the offer, TMC decides whether to accept it
or not. The application process is terminated and the offer is accepted by including
the User in the Platform.
4.3 TMC will run a validation of the User’s profile to verify the authenticity of the
registration data. During this process the User must provide either of these
documents: ID card, driver license, passport, credit card, utility bill.
4.4 When registering, the User must provide certain user data and a password. The
User must truthfully provide the requested information on the registration form and
update the information immediately in the event of changes. Each User may only
register once with TMC. Registrations are not transferable and may only be used by
the registered User.
4.5 The e-mail address and the password are the access data for the use of the
TMC Services that require registration. The User must keep the password secret and
must not pass it on to third parties. If third parties become aware of the User’s
password, the User must immediately report this to TMC and change the password.
4.6 You are entirely responsible for maintaining the confidentiality of your password.
You agree not to use the account, email address, or password of another user at any
time or to disclose your password to any third party. You agree to notify us
immediately if you suspect any unauthorized use of your account or access to your
password. You are solely responsible for any and all use of your account.
4.7 TMC reserves the right to delete registrations for which the User has not logged
in for more than 12 months.
5. Rights to the Platform
5.1 The Platform together with any information, text, images, photographs, audio and
video clips, designs, graphics, logos, symbols, names, product and corporate
designations, as well as all software contained in the Website and all other files, and
their selection and arrangement (the “Platform Content”), are subject to legal
protection, in particular copyright, trademarks and design rights held by TMC, its
affiliates, or its licensors with all rights reserved.
5.2 TMC is exclusively entitled to all rights on the Platform Content, the Platform and
the content, data and other elements set herein; any rights of the User to the User
Content uploaded by him/her onto the Platform remain unaffected.
5.3 No Platform Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted or sold in any form or by
any means, in whole or in part, without TMC’s prior written permission, except that
the foregoing does not apply to your own User Content that you legally upload on the
Platform. In addition, no digital content whatsoever may be copied into other
programs without the prior written approval of TMC.
5.4 Provided that you are eligible for use of the Platform, you are granted a limited
license to access and use the Platform and the Platform Content and to download or
print a copy of any portion of the Platform Content to which you have properly gained
access solely for your personal, non-commercial use, provided that you keep all
copyright or other proprietary notices intact. The license is subject to the Terms of
Use and does not include use of any data mining, robots or similar data gathering or
extraction methods. Except for your own User Content, you may not upload or
republish the Platform Content on any Internet, intranet or extranet site or
incorporate it in any other database or compilation, and any other use of the Platform
Content is strictly prohibited. Any use of the Platform or the Platform Content other
than as specifically authorized herein, without the prior written permission of TMC, is
strictly prohibited and will terminate the license granted herein. Any unauthorized use
may also violate applicable laws, including without limitation copyright and trademark
laws and applicable communications regulations and statutes. Unless explicitly
stated herein, nothing in the Terms of Use will be construed as conferring any
license to any intellectual property rights.
5.5 In the context of these Terms of Use, the User has the right to make individual
data records visible on the screen of his or her device, exclusively using the
functionalities provided by TMC. An automated query by scripts, by bypassing the
search mask by search software or comparable measures are not permitted.
5.6 The User may not use the data obtained by querying, in whole or in part, to set
up their own platform in any media form and/or for commercial data use or
information and/or for other commercial use. Linking, integration or other linking of
the Platform or individual elements thereof to other platforms or meta platforms is not
permitted.
5.7 TMC and other trade or service marks, logos, characters, page headers, button
icons, scripts, service names and other marks (collectively “Trademarks”) displayed
on the Platform are subject to the trademark and other rights of TMC or its affiliates
or licensors. Our Trademarks may not be used, including as part of trademarks
and/or as part of domain names, in connection with any product or service in any
manner that is likely to cause confusion and may not be copied, imitated or used, in
whole or in part, without the prior written permission of TMC. Your use/misuse of
Trademarks displayed on the Platform, or of any other Platform Content, except as
provided for in the Terms of Use, is strictly prohibited.
6 Responsibility for User Content
6.1 The User is responsible for the Vehicle Documentation and User Content he/she
uploads onto the Platform. The User will not upload any kind of information he/she
doesn’t own or has not given explicit permission to do so by third parties. User
Content is not reviewed by TMC and TMC assumes no responsability whatsoever for
User Content or any part thereof. The User is solely responsible for ensuring that the
User Content is not illegal and does not infringe any third party rights (e.g. copyrights
or trademark rights).
6.2 TMC is not obliged to and does not check whether the User Content affects the
rights of third parties or violates legal regulations. The User is prohibited from
posting or transmitting any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered a criminal offence,
give rise to civil liability or otherwise violate any law.
6.3 TMC expressly reserves the right to remove any information or materials posted
or transmitted by anyone which is in breach of these rules. TMC will fully cooperate
with any law enforcement authorities or court order requesting or directing TMC to
disclose the identity of anyone diseminating any such information or materials.
6.4 The User is obliged to correct or delete the User Content, provided that it does
not meet these requirements. The User can make changes via the “Home” menu.
6.5 TMC does not claim any ownership rights in the text, files, images, photos, video,
sounds, works of authorship or any other materials that the User may upload (User
Content) on the Platform. After uploading any User Content, the User continue to
retain all ownership rights, and the User continue to have the right to use it in any
way he/she chooses.
6.6 The User releases TMC from all third-party claims, including the legal costs
incurred by the fact that the User Content is violating third-party rights.
6.7 The User must ensure that the files transmitted by him/her do not contain viruses
or comparable harmful programs. TMC can remove and delete such files without the
User being entitled for compensation or damage. TMC reserves the right to claim
compensation for damage caused by viruses or any other cyber related mechanism.
7 Rights of Use
7.1 By uploading User Content on or through the Platform, the User grant TMC a
non-exclusive, sublicensable, transferable, free and worldwide license to use,
modify, publicly perform, publicly display, reproduce, and distribute the User Content
on and through the Platform.
7.2 By uploading User Content or any other information, the User grants TMC and its
affiliates the following non-exclusive, sub-licensable, transferable, free and
worldwide license with the right to:
- archive the User Content in any form and, in particular, to record it digitally, to put
it in platforms and to store it on all known storage media and on any data carrier
and to link it with other works or parts of works; - store, reproduce and upon User’s consent distribute the User Content in whole or
in part in electronic or other media (e.g. newspapers, magazines and in the TMC
section of a third-party platforms (Facebook, Twitter, etc.) regardless whether you
removed your User Content from the Platform); - edit the User Content as desired, in particular to change, shorten, supplement and
combine it with other content.
7.3 TMC is particularly permitted to have the aforementioned actions carried out by
third parties.
8 Disclaimer and Warranties
8.1 While TMC uses reasonable efforts to include accurate and up-to-date
information on the Platform, it makes no warranties or representations with respect
to the Platform Content, which is provided “as is.” In particular, TMC neither warrants
nor represents that your use of the Platform Content will not infringe the rights of
third parties not owned by or affiliated with TMC.
8.2 TMC assumes no responsibility, and shall not be liable for, any damage to, or
viruses that may infect, your computer equipment or other property on account of
your access to, use of or browsing of the Platform or your downloading of any
materials, data, text, images, video or audio from the Platform.
8.3 TMC reserves the right to interrupt or discontinue any or all of the functionalities
of the Platform. TMC accepts no responsibility or liability whatsoever for any
interruption or discontinuance of any or all functionalities of the Platform, irrespective
of whether this is the result of actions or omissions of TMC or any of its affiliates or
any third party, court order or administrative decision.
8.4 You represent and warrant that: (i) you own the User Content uploaded on the
Platform or otherwise have the right to grant the license set forth above, and (ii) the
uploading of your User Content on the Platform does not violate the privacy rights,
publicity rights, copyrights, trademarks, contract rights or any other rights of any
person or company.
8.5 TMC assumes no liability for the correctness and completeness of the
information and statements made by you, and for the identity and integrity of the
Users.
8.6 The content or advertisements entered in the Platform are foreign content for
TMC. TMC assumes no responsibility for third party content entered such content in
the Platform.
8.7 TMC assumes no responsibility for technical defects, in particular for the
constant and uninterrupted availability of the Platform and its Platform Content or for
the complete and error-free reproduction of the User Content entered by the User in
the Platform.
9 Liability
9.1 In as much as permitted by law, and except for damage caused by intent or
gross negligence, TMC, and any of its affiliates, subcontractors, licensees, including
the officers, directors, employees, shareholders or agents of any of them, exclude all
liability and responsibility for any amount or kind of loss or damage that may result to
you or a third party (including without limitation, any direct, indirect, or consequential
loss or damage, or any loss of income, profits, goodwill or data) in connection with
the Platform in any way or in connection with the use, inability to use or the results of
use of the Platform, any websites linked to the Platform or the material on such
websites, including but not limited to loss or damage due to viruses that may infect
your computer equipment, software, data or other property on account of your
access to, use of or browsing of the Platform or your downloading of any material
from the Platform or any websites linked to the Platform.
9.2 Any contributory negligence on the part of the User must be taken into account in
any case. In particular, the User is obliged to check the correctness of the data
he/she has set and displayed by TMC at least by means of a one-time search query.
10 Privacy
Our Privacy Policy applies to the personal data of the User.
11 Termination
11.1 Users can terminate the TMC Services at any time. To do so, a User can simply
delete his user account. From this point on, it is no longer possible for the User to
add new or edit existing Vehicle Documentation.
11.2 TMC can terminate the TMC Services to the Users at any time with a notice
period of 14 days. The right to block a registration or to delete individual Vehicle
Documentation remains unaffected.
12 Final Provisions
12.1 The failure of TMC to exercise or enforce any right or provision of the Terms of
Use will not operate as a waiver of any such right or provision. The titles in the
Terms of Use are for convenience only and have no legal or contractual effect. The
invalidity or unenforceability of any provision of the Terms of Use does not affect or
impair in any way the validity, legality and enforceability of the remaining provisions
contained herein.
12.2 The legal relationships between TMC and the User are subject to the law of the
Republic of Ireland to the exclusion of the United Nations Convention on Contracts
for the International Sale of Goods. For consumers, this choice of law only applies
insofar as the protection granted is not withdrawn by mandatory provisions of the law
of the state in which the consumer is habitually resident.
12.3 These Terms of Use shall be governed by and construed in accordance with
the laws of Ireland and each of the parties hereto submits to the exclusive jurisdiction
of the Irish Courts.
12.4 If you have any questions about the Terms of Use, write to
info@themotorchain.com