For Product Service: Customer portal to manage and streamline your quality and compliance processes

For Product Service: Customer portal to manage and streamline your quality and compliance processes

The use of the TÜV SÜD Product Service Universal Customer Interface (UCI portal), hereinafter referred to as the “Portal”, will be governed by the following Terms of Use (hereinafter referred to as “ToU”). Through this internet-based Portal, authorized representatives of customers (each defined to be “you“) will be able to log in and view the status of their customer projects and information about their projects. The underlying services that TÜV SÜD Asia Pacific Pte Ltd. or its group of companies (defined for the purpose of this ToU as any company subject to the control or significant influence of the parent company of TÜV SÜD Asia Pacific Pte Ltd., TÜV SÜD AG, or its subsidiaries, hereinafter collectively referred to as “TÜV SÜD”) provide your business, the review of which may be accessed through the Portal (“the Services”) will be governed by their own separate terms and conditions. TÜV SÜD reserves the right to update the ToU at any time without prior notice to you. The most current version of ToU will be communicated to you.


1. Accepting the ToU

a. By using the Portal, you understand and agree to be bound by all of the terms and conditions as set out in this ToU as amended, modified or varied by TÜV SÜD at its sole discretion at any time. 


2. Access to the Portal

a. TÜV SÜD reserves the right to stop (permanently or temporarily) your access to the Portal at any time at TÜV SÜD’s sole discretion. You may discontinue the use of the Portal any time. TÜV SÜD will need to be informed in the case that you discontinue the use of the Portal, in order to deactivate your account. 


3. Use of the Portal

a. In order to access the Portal, you must first register with TÜV SÜD. You will be required to provide information about yourself as part of the registration process for use of the Portal. You warrant and undertake that any registration information that you give to TÜV SÜD will always be complete, accurate, correct and up to date.

b. You agree not to access (or attempt to access) the Portal by any means other than through the interface that is provided by TÜV SÜD. You specifically agree not to access (or attempt to access) the Portal through any automated means (including use of scripts or web crawlers). 

c. You agree that you will not engage in any activity that interferes with or disrupts the Portal (or could cause any harm to other customers). 

d. Unless you have been specifically permitted to do so in a separate agreement with TÜV SÜD, you agree not to reproduce, duplicate, copy, sell, trade or resell the Services or access to the Portal for any purpose.

e. TÜV SÜD will make economically reasonable efforts to ensure interruption-free provision of the Portal. Unless separately agreed with you, TÜV SÜD shall be under no obligation to guarantee certain functions of the Portal or other requirements, particularly with respect to the availability of the Portal.

f. You agree that data entered by you in the Portal may be transferred and stored in different internal applications for processing requests. You also agree, that data required for business transactions from other TÜV SÜD entities and their respective IT Systems may be retrieved, changed, stored or otherwise processed in the Portal. 

g. If You don´t agree that data entered by you in the section PROJECT PARAMETERS of the List of Critical Components (“LoCC”) Portlet in the Portal, is transferred and published in different applications of the LoCC Portlet, You have to place a tick mark at “No publication for third parties”. TÜV SÜD is not responsible for any data transferred and published in different applications of the LoCC Portlet if You don`t mark „No publication for third parties“.

h. You acknowledge that user management of external labs and suppliers is done on a yearly basis. Customer`s TÜV SÜD account manager will reach out to their customer`s counterpart with a list of active external labs and supplier users on the Portal on a yearly basis, based on which they must confirm which of these users should remain on active on UCI for the following year. TÜV SÜD is not responsible for any data uploaded by external labs and suppliers on the Portal.

i. You agree to, in accordance with applicable law, provide information about data processing by TÜV SÜD to any third parties whose personal data will be/has been submitted by you in the Portal. In this context, you shall inform these parties in particular of the TÜV SÜD Asia Pacific Pte Ltd. PS UCI Privacy Statement and the specific purpose of the submission of the personal data of said third party in the Portal. In addition, you undertake to provide the personal data of third parties in the Portal only if you are authorised to do so at the time of entering the data.

j. You agree and undertake to indemnify TÜV SÜD and to hold TÜV SÜD, its employees, officers and directors harmless for and against any and all claims, demands, causes of action, losses, costs, damages, suits, judgments, penalties, expenses and liabilities or obligations of any kind, type or description arising directly or indirectly out of any act or default on your part or on the part of your officers, employees, agents or sub-contractors; or out of any breach of your obligations under this ToU. 


4. Your password and account security

a. You agree and understand that you are entirely responsible for maintaining the confidentiality of passwords which have been designated to you for you to access and use the Portal. You shall not at any time disclose your designated password to any person. You shall exercise all reasonable care to prevent the disclosure or unauthorized use of the designated password. 

b. TÜV SÜD shall not in any way be responsible or liable to you or any other person if any person apart from you or your authorized representatives should obtain possession of or use your designated password. Accordingly, TÜV SÜD is entitled to deem any instructions issued using your designated password as originating from you and you agree that you will be solely responsible to TÜV SÜD for all activities that occur using your password.

c. If you become aware of any unauthorized use of your password, you agree to notify TÜV SÜD immediately.

d. You agree to inform TÜV SÜD immediately if the conditions under which you have been granted access to the portal change, including but not limited to change of responsibilities or termination of employment.


5. Proprietary Rights

a. You acknowledge that authorized Portal users will have access to all customer data and to all project data of projects to which their customer account is associated to as part of a business relationship.

b. You acknowledge and agree that the Portal and all underlying and associated software and other technology and documentation are owned solely by TÜV SÜD, and you acquire no rights therein except the limited right to access and use the Portal as set forth in this ToU. You acknowledge that the Portal may contain information which is designated confidential by TÜV SÜD and that you shall not disclose such information without TÜV SÜD’s prior written consent.

i. Unless you have agreed otherwise in writing with TÜV SÜD, nothing in this ToU or from the use of the Portal gives you a right to use any of TÜV SÜD’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

ii. You agree not to upload content that violates applicable law or personal rights of third parties or persons, including but not limited to, or rights like copyright, trademark rights and patent rights, and laws such as data privacy laws, and defamation laws.

iii. TÜV SÜD acknowledges and agrees that it obtains no right, title or interest from you under this ToU or from the use of the Portal in or to any content that you submit, post, transmit or display on, or through, the Portal, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with TÜV SÜD, you agree that you are responsible for protecting and enforcing those rights and that TÜV SÜD has no obligation to do so on your behalf.

c. Confidential, strictly confidential and sensitive data should not be handled via the portal. 


6. License from TÜV SÜD

a. For so long as TÜV SÜD provides the Services to you, TÜV SÜD hereby grants you a license to access the Portal. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TÜV SÜD through the Portal, in the manner permitted by this ToU.

b. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Portal or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TÜV SÜD, in writing.

c. Unless TÜV SÜD has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to access the Portal and use the Services as provided through the Portal, grant a security interest in or over your aforesaid rights or otherwise transfer any part of your aforesaid rights. 


7. Portal updates

TÜV SÜD reserves the right to issue updates for the use of the Portal from time to time. The updates are designed to improve, enhance and further develop the Portal and may take the form of bug fixes, enhanced functions, new modules and completely new versions. You agree to receive and apply such updates as part of your use of the Portal. 


8. Termination of usage and access to the Portal

Without prejudice to its other rights, TÜV SÜD may terminate your access to the Portal forthwith without notice upon the occurrence of any or more of the following events: 

a. if you breach any terms and conditions in this ToU, and after having been notified by TÜV SÜD of the breach, you fail, refuse or neglect to take all steps necessary to and do actually rectify the breach within seven (7) days of being so notified; or 

b. you have at any time provided any information, whether oral or written to TÜV SÜD, which is false, inaccurate, distorted, misleading or incomplete; 

c. in its sole discretion, TÜV SÜD suspects that the security of your designated passwords has been compromised in any way;d. the provision of the Services through the Portal is in TÜV SÜD’s opinion, no longer viable;

e. if TÜV SÜD decides in its sole discretion to terminate the Portal; or 

f. if the agreement for the Services is terminated for any reason whatsoever.

If you wish to terminate your use of the Portal, you may do so by notifying TÜV SÜD at any time and closing all your accounts for the Portal. The notice of termination should be sent to TÜV SÜD. 

Notwithstanding the termination of this ToU, all liabilities of the parties that have accrued as of the date of such termination shall remain in full force and effect.  Additionally, all rights and obligations that by their nature or context would normally be expected or deemed to survive the termination of this ToU shall survive and remain in effect, including but not limited to those set forth in Sections 3(g), 3(h), 5, 8 (last sentence), 9, 10, 11, and 13 of this ToU.


9. Exclusion of warranties

a. You explicitly understand and agree that your use of the Portal is at your sole risk and that the Services as provided through the Portal are provided on an “As is” and “As available” basis. 

b. In particular, TÜV SÜD, does not represent or warrant to you that: 

i. Your use of the Portal will meet your requirements,

ii. Your use of the Portal will be uninterrupted, timely, secure or free from error,

iii. Any information obtained by you as a result of your use of the Portal will be accurate or reliable.

c. TÜV SÜD expressly disclaims all warranties or representations of any kind, whether express or implied with regard to your use of the Portal, including, but not limited to, the implied warranties or representations of merchantability, satisfactory quality, fitness for a particular purpose, title, absence of any lien, encumbrance or security interest,  quiet enjoyment, and non-infringement as well as all warranties arising by usage of trade, course of dealing or course of performance.

10. Limitation of Liability

In no event shall TÜV SÜD, its directors, officers, employees and/or agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profits or goodwill, arising out of or in any way connected with the use of the Portal, the delay or inability to use the Services or to access the Portal, the provision of or failure to provide the Services through the Portal or for any information obtained through the Portal, unauthorised access to your account, deletion or alteration of your data, any system, server or connection failure, error, omission, interruption, delay in transmission or computer virus or otherwise arising out of the use of the Portal, whether based on contract, tort, negligence, strict liability or otherwise, whether or not TÜV SÜD was or should have been aware of the possibility that such damage or loss could occur. 


11. Changes to ToU

a. TÜV SÜD may make changes to this ToU from time to time. When these are made, TÜV SÜD will make available to you the revised ToU.

b. You understand and agree that if you use the Services after the date on which this ToU has changed, TÜV SÜD will treat your use as acceptance of the revised ToU.


12. General legal terms

a. This ToU governs your use of the Portal and completely supersedes all prior agreements between you and TÜV SÜD in relation to the use of the Portal. Please note that the Services as provided through the Portal will be governed by their own terms and conditions which shall not be affected by this ToU. In the event of any inconsistency, the terms and conditions of the Services shall prevail.

b. You agree that TÜV SÜD may provide you with notices, including those regarding changes to this ToU, by email, or through the Portal. 

c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this ToU is invalid for any reason, then that provision will be removed from the ToU without affecting the rest of the terms of this ToU. The remaining terms under the ToU shall continue to be valid and enforceable. 


13. Governing Law

This ToU shall be governed by and shall be construed in accordance with the laws in force in the Republic of Singapore and each of the parties hereby irrevocably submits to the non-exclusive jurisdiction of the courts of Singapore. 

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