Terms of Use
WELCOME TO THE RECARO PARTNER PORTAL!

Thank you for using our Partner Portal. The Partner Portal is made available to you by RECARO Automotive GmbH, Stuttgarter Straße 73, 73230 Kirchheim/Teck, Germany and its affiliated companies pursuant to Art. 15 et seq. German Stock Corporation Act (AktG) (short "RECARO Automotive" and hereinafter "RECARO").

This website (together with the related documents) contains the terms of use (hereinafter "Terms of Use") of the website partner-portal.recaro-automotive.com (hereinafter the "Partner Portal" or "Portal"). Please read the Terms of Use carefully before you register for the Partner Portal. By confirming during registration and by subsequently using the Partner Portal, you indicate that you accept these Terms of Use and that you agree to comply with them for the entire term of use.

1. Registration and access to the Partner Portal

a) You must first create a user account in order to be able to use the Partner Portal. For this purpose, you must assign a User ID (e-mail address) and a password during registration.

b) Access to the Partner Portal is permitted only on a temporary basis and RECARO reserves the right to terminate or change the services without prior notice (see Section 8 below). RECARO shall not be liable if, for any reason, the Partner Portal should not be available at a certain time or for any period.

c) From time to time, RECARO may restrict access to some parts of the Partner Portal or the entire website to registered users.

d) If you select a User ID, password or other information as part of the security process or are provided with such information by RECARO, you must keep it strictly confidential as part of the security process. Disclosure to any third party is prohibited. RECARO shall be entitled to deactivate the User ID or password at any time, whether it is the one selected by you or the one assigned to you by RECARO.

e) When using the Partner Portal, you must in particular comply with the provisions regarding permissible use (see Sections 4 and 5 below).

f) You are responsible for taking all necessary precautions to establish your access to the Partner Portal. You are also responsible for ensuring that all persons accessing the Partner Portal via your internet connection are familiar with and comply with these Terms of Use. Please note that any third-party access to your account or password is at your own risk.

2. Information about you and your visit to the Partner Portal

By registration and use, RECARO processes information about you in accordance with the RECARO Privacy Policy if you have agreed to such processing of data.

3. Use of the Partner Portal

You must comply with the policies you can view on the Partner Portal, including the Marketing Policy for RECARO Partners (hereinafter collectively the "Policies"). By using the Partner Portal, you agree to the Policies.

The Partner Portal’s contents are only made available to authorized Partners. Disclosure to any third party shall be prohibited. 

The Partner Portal is also available on mobile devices. Please do not use it in a way that distracts you and prevents you from complying with traffic rules or safety regulations. You are solely responsible for using the Partner Portal on mobile devices.

4. Prohibited use

Do not misuse the Partner Portal. You may only use the Partner Portal to the extent permitted by law. If you should violate the Terms of Use or Policies or if RECARO should investigate any suspected misconduct on your part, RECARO may take action against you in accordance with Section 6. 

In particular, the Partner Portal may not be used if:

i) any applicable local, national or international laws or regulations are violated in any way;
ii) it is used in an illegal or fraudulent manner or for illegal or fraudulent purposes; 
iii) the use in any way causes or is intended to cause damage to third parties;
iv) it is used to send, knowingly receive, upload, download, use or reuse material that does not meet our content standards;
(v) it is used to send or transmit unsolicited or unauthorized advertising material in any form; 
(vi) it is used to knowingly transmit, send or upload material containing malicious programs or similar computer codes (such as viruses, trojans, worms, time bombs, keyloggers, spyware, adware, etc.); 
vii) the Partner Portal is attacked via a denial-of-service attack or a distributed denial-of-service attack. 

You are not allowed:

i) to reproduce, duplicate, copy or sell the Partner Portal.
ii) to gain unauthorized access to, damage or interfere with: 

  • any parts of the Partner Portal; 
  • any device or network on which the Partner Portal is stored;
  • any software used in providing the Partner Portal; or
  • any equipment or networks or software owned or used by third parties

iii) to access the Partner Portal by any method other than through the interface or instructions provided by RECARO;
iv) to create links to the Partner Portal from another website.

5. Links from the Partner Portal

RECARO accepts no responsibility for the correctness and completeness of the information provided on the Partner Portal. References and links to third-party websites do not imply that RECARO adopts the content on the referenced or linked websites as its own. The contents do not establish any responsibility on the part of RECARO for the data and information provided at such websites. RECARO has no influence on the linked contents. RECARO is therefore not liable for any illegal, incorrect or incomplete contents and for damages caused by the use of contents on the linked websites.

6. Consequences of violations (restrictions / blocking / deletion)

RECARO determines in its sole discretion whether your use of the Partner Portal violates applicable law and/or these Terms of Use and/or any other instruction referred to in these Terms of Use. In case of a violation, RECARO may take any action RECARO deems appropriate.

In the event of non-compliance or violation of the Terms of Use on the basis of which you may use the Partner Portal, RECARO may take one or more of the following measures:

i) immediate, temporary or permanent withdrawal of the right to use the Partner Portal; 
ii) immediate, temporary or permanent removal of any material uploaded by you to the Partner Portal;
(iii) issuing a warning;
iv) In the event of legal proceedings, reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal fees) arising from the violation;
v) disclosure of any information to law enforcement authorities, for law enforcement purposes.

RECARO expressly excludes liability for any actions taken as measures against violations of applicable law, these Terms of Use and/or any other instruction referred to herein.

7. Modification of the Partner Portal

The Partner Portal is subject to constant change and improvement. RECARO may add or remove functionalities and features at any time, and RECARO may suspend or completely stop a service.

8. No guarantees

The content displayed on the Partner Portal is provided without any guarantees, conditions or warranties as to its accuracy, reliability, availability or ability to be used for your needs. RECARO presents the content in its "as is" state.

RECARO expressly excludes all warranties, guarantees and other conditions which might otherwise be implied by applicable law (such as implied warranties of merchantability, fitness for a particular purpose and non-infringement, etc.).

9. Limitation of liability

RECARO shall be liable for damages and compensation for futile expenses pursuant to Art. 284 German Civil Code (BGB) (hereinafter "Damages") for breach of contractual or non-contractual obligations only

a) in case of willful intent or gross negligence, 
b) in case of negligent or willful injury to life, limb or health, 
c) due to the assumption of a guarantee of quality,
d) due to mandatory liability under the German Product Liability Act (ProdHaftG),
e) in case of negligent or intentional violation of essential contractual obligations (cardinal obligations - such obligations the fulfillment of which enables the contract’s proper implementation and on the compliance with which the contractual partner may reasonably rely).

Damages for the negligent violation of essential contractual obligations are, however, limited to the foreseeable damage typical for the contract.

A change in the statutory burden of proof is not associated with these provisions. To the extent liability is excluded or limited, this also applies to the personal liability of RECARO's employees, representatives, agents and vicarious agents.

10. Intellectual property rights / "RECARO" trademark

a) "RECARO" and the RECARO Logo are registered trademarks of RECARO Holding GmbH and are used by RECARO under license.

RECARO is the owner or licensee of all intellectual property rights in the Partner Portal and the published material. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

Use of the Partner Portal does not provide you with ownership of any intellectual property rights existing on the Partner Portal or the content available on the Partner Portal. It is not permitted to remove, suppress or change legal notices within or in connection with the Partner Portal.

b) For your personal reference, you may print out a copy of each page of the Partner Portal and download excerpts. You may refer others in your organization to materials made available on the Partner Portal.

c) You must not modify any analog or digital copies of materials you have printed or downloaded in any way. You may not use any illustrations, photographs, video or audio sequences or graphics separately from their accompanying text.

d) RECARO's status (and the status of all named contributions) as author on the Partner Portal must be acknowledged at all times.

e) You must not use any of the materials available on the Partner Portal for commercial purposes without having concluded a separate (license) agreement for such purpose with RECARO or its licensors.

f) If you should print, copy or download parts of the Partner Portal in violation of these Terms of Use, you will be immediately prohibited from using the Partner Portal. In such case you must, at RECARO's option, immediately destroy or return to RECARO all copies of the materials you have made for other than private purposes.

11. About these Terms of Use

RECARO may amend these Terms of Use or any additional terms and conditions applicable to the Partner Portal in a reasonable manner, for example, in order to reflect changes in the legal framework or changes in the Partner Portal. You should therefore regularly check these Terms of Use. We will post notices of changes to these Terms of Use on this website. Changes do not apply retroactively and become effective no earlier than 14 days after their publication. However, changes regarding a new function or changes for legal reasons will be immediately effective.

These Terms of Use exclusively govern the legal relationship between RECARO and you as user of the Partner Portal. They do not establish any rights or claims in favor of any third party. Any terms and conditions deviating from, contradicting or supplementing these Terms of Use shall be invalid.

In case you should violated these Terms of Use, our failure to take immediate action against such violation shall not be deemed as waiver of any rights (such as taking any future action). 

If a court of competent jurisdiction declares any provision or regulation contained in these Terms of Use to be invalid, the validity of the other provisions or regulations of these Terms of Use shall not be affected by such court's determination. The invalid provision or regulation shall be replaced by a provision or regulation which, in terms of its economic effects, is equivalent to the party's economic intent.

These Terms of Use shall exclusively be governed by German law, with the exception of its conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), the application of which is hereby excluded. 

All disputes arising from or in connection with these Terms of Use between RECARO and you shall be irrevocably and exclusively subject to the jurisdiction of the courts of Stuttgart, Germany. RECARO may also bring an action against you in your general jurisdiction. Information on how to contact RECARO are available on our contact page (Contact, Imprint).