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: March 2018
 

§ 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. 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.
     
  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. All web-based components of ASA products are hosted by LexCom and offer a monthly average of 98.5% availability except for scheduled maintenance windows and outages that are outside the control of LexCom.
     
  5. Users can transfer shopping baskets from ASA to their dealer management system (DMS).
     
  6. 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.
     
  7. 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. The user must keep the password confidential and shall not disclose it to any third party. 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 ASA 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).
     
  6. Each user shall only be allowed to register once to use ASA products.

§ 4 Data Protection and Security

 

Any and all personal data collected from the user are handled in compliance with the data security legislation 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. The user confirms that the 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. 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 commerce of which is prohibited or subject to permission.
     
  3. 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.

§ 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 payment, all fees incurred for the bank transfer shall be at the user’s charge.

§ 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 recognize 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 anonymization, 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 German product liability act (Produkthaftungsgesetz) 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 / Legal Venue / 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 notification in the course of usage of ASA. Should the user not object to the amendment within a period of four weeks after receipt of the notification, the amended clauses shall be deemed accepted.

 

* – 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.