General Terms and Conditions for the Use of ASA / ASA WEB

General Terms and Conditions of Business (hereinafter referred to as “T&C”) of LexCom Informationssysteme GmbH (hereinafter referred to as “LexCom”; refer to the Legal Notice for more contact and company information), Rüdesheimer Strasse 23, 80686 Munich, Germany, governing the use of ASA and ASA WEB software products (hereinafter referred to as “ASA products”).

Version: November 2020

§ 1 Scope of application

  1. The user accepts these T&C by clicking a specially designated checkbox during the ordering process or by selecting a subscription. Users may access these T&C at any time, even after conclusion of the contract, by following the “T&C” link which is available on all pages of the www.myasaweb.com and www.myasainfo.com websites.
  2. The terms and conditions set out below shall apply to all contracts between users of ASA products and LexCom relating to the use of ASA products. Users of ASA products are exclusively entrepreneurs.
  3. ASA products consist of any of the following applications: 1) locally installed ASA with the ASA DVD Downloader, 2) ASA WEB, 3) ASA SQT (Service Quotation Tool) and 4) myASAinfo.
  4. Any deviating, contrary or supplementary T&C shall not become an integral part of the contract unless their validity has been expressly agreed to in writing.

§ 2 Scope of services

  1. When the user orders an ASA product, he or she receives either (a) a starter kit with the latest program version on DVD for a workstation licence as well as a USB hardlock that is required to use ASA, or (b) login details via e-mail with which the user can access ASA WEB. If the user receives the DVD version, he or she regularly receives data updates online or, if requested, on DVD.
  2. ASA products allow users to search for original Mitsubishi spare parts.  Users can also search for local data (ASA ADD-ONs) that have been released by local Mitsubishi importers or distributors. The “Service Quotation Tool” (SQT) can make it easier for users to put together spare part sets by automatically compiling “menus” of spare parts in specific service situations.
  3. LexCom shall not be responsible in the course of rendering its services for (a) the completeness of the spare parts entered into its database, nor for (b) the completeness and accuracy of the data and information provided by the manufacturers, importers or distributors (including their respective general terms and conditions), since the compilation of these data is beyond the control of LexCom. Whenever any deficiency regarding the data should become apparent, LexCom will immediately inform the manufacturer concerned and make corrected data available. All spare part prices displayed are recommended retail prices specified by the manufacturers. Only the individual seller can provide binding pricing information.
  4. As part of the provision of the “Service Quotation Tool” (SQT), the compilation of spare parts sets in the form of “menus” is to be understood as providing non-binding suggestions and assistance for the users. The suggested spare part sets are based on empirical values and do not claim to be correct or complete. The user is solely responsible for the correctness and completeness of the offer of spare parts created on the basis of an SQT-based compilation.
  5. All web-based components of ASA products are hosted by LexCom and offer an average monthly availability of 98.5% – excluding scheduled maintenance windows and outages that are outside the control of LexCom.
  6. Users can transfer shopping baskets from ASA to their dealer management system (DMS).
  7. The user can also use the ASA ADD-ON function to receive and process inquiries from independent workshops via the “partslink24” multi-brand online portal and send them back to the customer, provided partslink24 is active in the user’s country and the user’s importer has enabled this service for the user. LexCom cannot, however, guarantee the display of correct price information. It is the user’s responsibility to ensure that all settings are correct.
  8. LexCom itself offers neither spare parts nor information relating to ASA products beyond the contents of the database.

§ 3 Ordering and Registration

  1. ASA products are ordered using the ASA order form.
  2. Only individuals and legal entities with full legal capacity to contract are permitted to place orders. If the order is placed by a representative of the user, LexCom shall be entitled to demand proof of power of representation. The details concerning this power of representation shall be defined by LexCom and the representative must be named (e.g. “Managing director” entry in the field “Position”).
  3. LexCom will inform the user about the completion of the order by (non-encrypted) e-mail. LexCom or the user’s importer will send the starter kit with the DVD and hardlock or the login details (myASAinfo ID / company code, username and password) to the address provided by the user during the ordering process. The ASA login details serve to uniquely identify the user. The user may change the password at any time while using ASA products. LexCom will never ask a user for the password by e-mail or on the telephone. If a user having administrator rights – usually named “admin” – is permitted to create further users under the same myASAinfo ID/company ID, the admin user shall register such users accordingly with true and correct data and make them aware of the necessity to maintain secrecy about the access information.
  4. A user contract may also be created by the user being invited by LexCom to temporarily use ASA products free of charge by sending the user a starter kit or login details (ASA WEB). The user contract is concluded by the user installing the ASA DVD using the USB hardlock and/or entering their login details. Once the free subscription has expired, LexCom will ask the user to send the USB hardlock back to LexCom.
  5. LexCom reserves the right to cancel a user’s registration at any time without prior notice and disable access for the user in case of any false statements when registering or any violation of the duties arising from the user contract (particularly § 5).

§ 4 Data protection and security

Any and all personal data collected from the user is handled in compliance with the data security legislation that is applicable for LexCom. LexCom’s Privacy Statement shall apply.

§ 5 User’s Rights and Obligations

  1. LexCom grants the user the non-exclusive right to use ASA products for a time period limited by the duration of the contract, provided all fees due are paid in full. The user may not lease, loan, sell, sub-license, cede, transfer or allow third-party use of ASA products or the associated usage rights; nor may the user copy or allow others to copy ASA products, neither in full nor in part, except in the cases expressly permitted here.
  2. When using the ASA products, the user is able to take their own photos of spare parts or vehicles and share these with other ASA users. Content that the user uploads to the ASA products in this way or makes available in any other way is hereinafter referred to as “user content”. By uploading / making these photos available, the user grants LexCom a simple and transferable, geographically unrestricted right, unlimited in time and content, to use its user content.
  3. The user confirms that the user content and other input and messages submitted by the user do not violate any legal provisions or rights of third parties and that they will not have any adverse effects on the data or the data processing system of LexCom. This applies in particular to personal and intellectual property rights (e.g. copyrights and trademarks, etc.). In particular, the user is prohibited to offer or request information or data that would violate any criminal laws or other legal provisions or the exchange of which is prohibited or subject to permission.
  4. In the event of a breach, the user is obligated to indemnify LexCom from all claims asserted by third parties against LexCom due to a breach of rights; this does not apply if the user has not acted culpably. In the event of a breach, the user is obliged to provide LexCom with all information for the defence that is necessary for the examination of the claims and a defence against them in the event of a claim by a third party. The user must provide this information immediately when requested and ensure that the information is true and complete. Any liability of the user beyond these regulations remains unaffected.
  5. The complete or partial reverse engineering of ASA is prohibited.
  6. The ASA products – in particular the function for querying vehicle identification numbers – are used primarily for the purpose of identifying spare parts required for a vehicle and procuring them via ASA. The user shall use the ASA products only to an extent that does not significantly exceed the customary scope of use for this purpose. If the use goes beyond this purpose and/or the usual scope of use, LexCom reserves the right to restrict or block access to ASA.
  7. It is not permitted for users to reproduce, to save in other media, to distribute or to change the information, data, drawings, specifications and documents (“ASA material”) integrated in ASA products, unless these actions are consistent with the intended use. Access to the ASA material via automated processes (e.g. robots, spider tools etc.) is prohibited. Individual pages may be printed or saved only in accordance with intended use of the products. In particular, intended use does not encompass the forwarding of ASA material to other persons within the user’s own company.
  8. The user must keep his personal access details (user name and password) confidential and must not share these with or pass them on to third parties.
  9. Each user shall only be allowed to register once to use ASA products.
  10. To ensure correct operation of the ASA software, the user undertakes to maintain a good Internet connection with regular access to the Internet, to import any updates received – online or via DVD – in a timely manner, and to carefully read all documents enclosed with the devices/software, observe the information and follow the instructions for use. The user should contact LexCom customer service in the event of questions or problems. Any costs or damages arising as a result of measures taken without consultation with LexCom shall be borne by the user.

§ 6 Prices and Conditions for ASA

  1. The fees charged are evident from the price list for the use of ASA products.*
  2. All prices listed are gross prices and include the applicable VAT, depending on the residence or the registered office of the recipient of service (EU/third countries). 
  3. The subscription starts with the month in which the first payment, direct debit or credit card charge occurred. The subscription has a duration of 36 months and shall be extended by an additional 6 months, unless it is cancelled at least 6 weeks before the end of the subscription period and the USB hardlock is returned to LexCom within 14 days after the subscription has expired.  To cancel the subscription, the user must send a written cancellation to LexCom using the contact form available at www.myasainfo.com -> “Contact” or by sending an e-mail to contracts@lexcom.de.
  4. All fees shall be settled by invoice payment, credit card or direct debiting, depending on the user’s location. It is the responsibility of the user to ensure that the account or the credit card maintains an adequate balance and that all credit card or bank details are up to date and correct. If settlement is made by invoice, all fees incurred for the bank transfer will be charged to the user.
  5. Should a dealer’s status as an authorized dealer be revoked, the dealer may terminate its ASA license agreement to the end of the month during which the status was revoked. Compliance with this period of notice depends on the date the e-mail is sent to contracts@lexcom.de.com specifying this reason.

§ 7 Notices and declarations

  1. According to the nature of the platform, the sales contracts initiated via ASA are concluded by means of electronic communication. Declarations of intent in this regard are therefore usually made by e-mail.
  2. The users recognise the unrestricted validity of declarations of intent made in this manner subject to the following clauses:
    1. In the e-mail message, common information must neither be suppressed nor circumvented by anonymisation, i.e. the message must include the name and the e-mail address of the sender, the time the message was sent (date and time) as well as a repetition of the sender’s name at the end of the message. Unless proven otherwise, an e-mail message received according to the criteria of this clause shall be deemed to originate from the other party.
    2. All messages shall be phrased in the German or English language and the associated “Contact” module must be used.
  3. Please direct any messages or declarations regarding these T&C to service@lexcom.de.

§ 8 Disruption of service

If any substantial disruption of ASA products should occur that is within the scope of responsibility of LexCom, a downtime of more than 24 hours shall extend the period of use by the same period.

§ 9 Limitation of liability

  1. LexCom shall be liable to the user without limitation in case of intent or gross negligence for any damage caused by LexCom, its legal representatives or persons employed in performing its obligations.
  2. As to ordinary negligence, LexCom shall be liable without limitation in case of injury to life, limb or health. In all other respects, LexCom shall only be liable insofar as the company has violated an essential contractual duty (material contractual obligation). Material contractual obligations are obligations that must be fulfilled for proper performance of the contract, whose breaching would jeopardise achievement of the purpose of the contract and on whose observance the contracting party may duly rely. Liability in such cases shall be limited to the foreseeable, typically occurring damage.
  3. Liability pursuant to the provisions of the product liability legislation shall remain unaffected.

§ 10 Indemnification

  1. The user shall indemnify LexCom against any and all claims asserted by other users or other third parties against LexCom for any violation of their rights by contents published by the user in an ASA product. The user shall bear all reasonable costs incurred by LexCom as a result of any violation of a third party’s rights, including any reasonable expenses incurred for legal defence. All other rights as well as any claims for damages on the part of LexCom shall remain unaffected. The user shall be at liberty to prove that LexCom has actually incurred lower costs.
  2. If the user’s contents should violate any rights of any third party, the user shall at the election of LexCom either procure the right to use the contents for LexCom at the user’s own expense or revise the contents in such a way that they are not subject to property rights.

§ 11 General provisions / Place of jurisdiction / Applicable law

  1. German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of performance for all mutual services and payments under the contract shall be Munich, Germany.
  3. At the election of LexCom, the legal venue shall be either Munich, Germany, or the user’s registered office.
  4. The present T&C are published in the German language and in various other languages. In case of doubt, the German version shall be authoritative for the interpretation of the T&C.
  5. LexCom reserves the right to amend these T&C at any time and without having to state any reasons for such amendments. The user will be made aware of any amendment by means of an electronic message while using ASA. Should the user not object to the amendment within a period of four weeks after receipt of the messages, the amended clauses shall be deemed accepted.
  6. Excluded from the right of amendment according to this clause are regulations which affect the main performance obligations of the contracting parties, and which therefore significantly change the relationship between main and counter performance obligations, as well as other fundamental changes to the contractual obligations which are equivalent to the conclusion of a new contract. For such changes an explicit contractual agreement is required.

* – For the detailed prices and subscription periods, please refer to the information provided on the ASA order form that was valid at the time in question.