BoschLimited, Hosur Road, Adugodi, Koramangla-560030, operates a cloud-based digital service platform for information and report downloads of sales , logistics and finance where Bosch uploads the reports / information and Platform Users download the same from their respective login id.. These terms and conditions govern access to the APNA BOSCH Platform and use of the Platform Services by Platform Users.
The APNA BOSCH Platform is operated for businesses only in the territory of India .
1. Definitions
“Access Credentials” means one or more combinations of usernames and passwords used to access an Account.
“Account” means the authorization of Platform User to access the APNA BOSCH Platform.
“Affiliated Company” means an entity that controls, is controlled by, or is under common control with a Party, where “control” means the direct or indirect holding of more than 50% of equity ownership or voting rights.
“Authorized Representatives” means Platform User's employees, consultants, contractors, and agents who are authorized by Platform User to access and use the Offerings under the rights granted to Platform User under this Term of Use. (Platform User shall be responsible for all acts/omission of any of the Authorized Representatives)
“Confidential Information” means all tangible or intangible information which is marked as confidential or which should reasonably be understood to be confidential given its nature and the circumstances of its disclosure, including, without limitation, any information about operational processes, business relationships and know-how including non-public information regarding the availability, performance or functionality of the APNA BOSCH Platform and the Platform Services.
“Content” means all content available through the APNA BOSCH Platform, such as software (including source code), software functionalities, APIs, data, text, audio, video or images, including documentation, sample code, software libraries, command line tools, proofs of concept, templates, and other related technology.
“Customer Management” is a Free Platform Service and means software functionalities provided within the APNA BOSCH Portal.
“Customer” means APNA BOSCH Solution Customer
“First Level Support” is a Free Platform Service and means the support services provided by Platform Operator to Platform Users pursuant to Sections 9.1 and 9.2.
“Free Platform Service Description” means the description of the technical functionalities of a Free Platform Service in terms of specifications, quantity, performance data, performance period, quality etc., including details regarding applicable system requirements and – where relevant - technical and organizational data protection measures as well as subcontractors used by Platform Operator and their respective services.
“Free Platform Services” means the integrated core platform services as further described in Section 6, provided by Platform Operator free of charge and available for use upon successful conclusion of the Platform User Agreement.
“APNA BOSCH Data Processing T&Cs” means Platform Operator’s standard data processing terms and conditions applicable in relation to any commissioned data processing on behalf of Platform User in connection with such Platform User’s use of the APNA BOSCH Platform and Platform Services.
“APNA BOSCH Platform ToU” means these terms and conditions governing access to the APNA BOSCH Platform and use of the Platform Services.
“APNA BOSCH Platform” means the cloud-based digital information and report downloads of sales , logistics and finance service platform operated by Platform Operator.
“APNA BOSCH Application” means the description of the technical functionalities of the respective APNA BOSCH Solution as provided by APNA BOSCH Solution Provider (e.g. specifications, quantity, performance data, performance period, quality, applicable system requirements).
“Offering Information” means information about the essential features of the respective Offering(information regarding Bosch’s products, promotional offers, reports)
“Offerings” means APNA BOSCH Solutions and Platform Services.
“Party” means, individually, each of Platform User and Platform Operator and “Parties” collectively refers to Platform User and Platform Operator.
“Platform Operator” means Bosch Limited, Hosur Road, Adugodi, 560030as the operator of the APNA BOSCH Platform and provider of the Platform Services.
"Registration Data” means any information requested from Platform User during Registration, e.g. company name, address, indirect tax identification number (e.g.GSTIN, PAN), telephone number, e-mail address and other financial, business or tax information.
“Registration” means the registration process set out in Section 4 required to be completed before Platform User's Account is activated.
“SaaS” means a software application or functionality made available for use in a software as a service model.
“Single key id” is a Free Platform Service and means an identity management service that enables Customer’s seamless access to APNA BOSCH Solutions from Customer’s Account.
“Usage Data” means any machine data (e.g. sensor or other machine data), and/or any system data (e.g. log files, information on utilization or availability), automatically transmitted through or generated by the APNA BOSCH Platform and Platform Services.
“Widgets” are a Free Platform Service and mean SaaS applications which display Integrated Solution Data in a more functional manner giving insights/highlights of critical information.
2. Scope
These APNA BOSCH Platform ToU apply to Platform User’s access to the APNA BOSCH Platform and the use of Free Platform Services.
Terms and conditions of Platform User (dos and don’ts to be defined) deviating from or in conflict with these APNA BOSCH Platform ToU, the APNA BOSCH Listing Terms for Solution Providers, the APNA BOSCH Integration Service Terms, the Paid Platform Service Terms and the APNA BOSCH Data Processing T&Cs shall not apply, even if Platform Operator does not expressly object to such terms and conditions.
3. Account, Registration
Access to the APNA BOSCH Platform requires an Account, which Platform Operator makes available to Platform User upon Registration.
Registration may require the use of an authentication service (e.g. Bosch ID, SingleKey ID, Apple ID or Google account). The terms and conditions of such authentication service are outside the scope of these APNA BOSCH Platform ToU and Platform Operator is not responsible for such authentication service(s).
Platform User will be asked to provide Registration Data. Registration Data must be provided completely and correctly. Platform User shall keep Registration Data up to date during the ussage of this Platform Registration of a legal entity may only be carried out by an authorized representative, who must be named.
To complete the Registration and submit Registration Data, Platform User must accept these APNA BOSCH Platform ToU.
By providing Registration Data, Platform User submits an offer to Platform Operator to enter into the ussage of this platform . The activation of Platform User's Account shall be deemed acceptance by the Platform Operator.
Platform Operator reserves the right to verify the identity of Platform User upon submission of Registration Data or at any later point in time, for example by requiring Platform User’s confirmation via an (i) activation link sent to Platform User's e-mail address, or (ii) a code sent to a mobile phone number submitted by Platform User. Until Platform User has provided the required verification, Platform User’s Account will remain blocked. If Registration is not fully completed or completed incorrectly, Platform Operator reserves the right to delete any incomplete Registration Data.
Platform Operator in its sole discretion reserves the right to reject any Registration.
Accounts are not transferable.
To the extent that Platform Operator offers the corresponding functionality, Platform User may create multiple Access Credentials for Authorized Representatives to permit access to Platform User’s Account. Platform User warrants that all Authorized Representatives provided with Access Credentials will comply with these APNA BOSCH Platform ToU as amended from time to time and applicable law and that they are authorized to act on behalf of Platform User. Upon establishment of individual Access Credentials for an Authorized Representative, all actions of such Authorized Representative will be attributed to Platform User.
Platform User is obliged to handle all Access Credentials associated with the Account with care, not to disclose them to third parties and not to allow third parties to access the Account. Platform User is liable for all activities that take place using Platform User’s Account and for which Platform User is responsible. Platform User shall immediately change the Access Credentials for Platform User’s Account if Platform User has reason to believe that Access Credentials may have become known to unauthorised persons.
4. APNA BOSCH Platform Access and Availability
Access to the APNA BOSCH Platform and the Platform Services is browser-based. In addition, Platform Operator may, at its sole discretion, provide access through a mobile app for use on compatible mobile devices such as smartphones or tablets (if applicable). Individual functionalities may be restricted depending on the type of access.
5. Platform Services
The type and scope of Free Platform Services as offered by Platform Operator from time to time are described at [and in the Free Platform Service Descriptions.
Free Platform Services include the provision of the Single key id, APNA BOSCH Solutions Integration, First Level Support, Solutions Management, the APNA BOSCH Portal, Customer Management as well as other Platform Operator Content and Widgets.
Platform Operator may change, supplement or discontinue Free Platform Services at any time or limit the use thereof to a certain period of time or convert them into Paid Platform Services. Platform Operator shall consider Platform User’s legitimate interests when making changes as contemplated herein.
Platform Operator is responsible for providing and maintaining the technical system requirements necessary in Platform User's sphere of responsibility to access the APNA BOSCH Platform and use the Platform Services (e.g. necessary hardware, software (e.g. web browser), mobile devices, internet access).
In the event that Platform Operator offers a mobile app to access the APNA BOSCH Platform and use Platform Services, Platform User may download and install the mobile app on compatible mobile devices such as smartphones or tablets via the respective app store. Details on technical requirements, functionalities and operating instructions are available in the respective app store. The operating instructions serve only to describe the service and contain neither agreements on quality nor guarantees (if applicable).
Platform Operator has the right to have the Platform Services performed by third parties (including Platform Operator’s Affiliated Companies) as subcontractors.
6. Support
Platform Operator provides First Level Support in English hours per day, every day of the week throughout the year (8/5/365), available through its helpdesk via e-mail via aabdo1-in.support@in.bosch.com
First Level Support comprises receiving email from Platform User regarding access to the APNA BOSCH Platform and the use of Platform Services as well as from APNA BOSCH Solution Customers regarding their use of APNA BOSCH Solutions. Upon receipt, incident reports will be reviewed to determine the service category to which they relate and then forwarded to either Platform Operator’s second level support (for Platform Services) or the respective APNA BOSCH Solution Provider (for APNA BOSCH Solutions) for further processing. Platform Operator’s second level support or APNA BOSCH Platform , respectively, will then be responsible to further analyze and process the incident.
APNA BOSCH Platform Providers are solely responsible for all incidents, errors, defects or any other issues associated with their APNA BOSCH Plateform, and for providing support for their APNA BOSCH Platform beyond First Level Support. Except for First Level Support, Platform Operator has no obligation to provide any additional support or assistance in relation to APNA BOSCH Platform . APNA BOSCH Platform Providers are solely responsible for providing maintenance and support services for their APNA BOSCH Platform to their APNA BOSCH Platform Customers.
7.Intellectual Property, Usage rights, Platform Operator Content
All rights in the APNA BOSCH Platform, the Platform Services and Platform Operator Content are exclusively owned by Platform Operator or its licensors and are protected by copyright or other intellectual property rights. The compilation of APNA BOSCH Platform Content as such is also protected by copyright.
Platform Operator grants to Platform User the limited, non-exclusive, non-sub-licensable, revocable and non-transferable right to access the APNA BOSCH Platform and use the Free Platform Services and Platform Operator Content for Platform User’s own internal business purposes, solely in accordance with these APNA BOSCH Platform ToU, during the term of the Platform User Agreement.
Apart from rights expressly granted herein, no license or other right is granted by Platform Operator to Platform User. Platform User is prohibited from copying, distributing and/or publishing Platform Operator Content.
Platform Operator is the sole owner of Usage Data and may use and exploit it in anonymous form for any purpose in accordance with the applicable statutory provisions.
8.Platform User Content (if applicable)
Platform Operator may enable Platform User to Share Platform User Content on the APNA BOSCH Platform, subject to the following provisions.
Platform User shall not Share any Platform User Content which, by its content, form, design or in any other way, violates these APNA BOSCH Platform ToU, applicable law or regulation, or morality or infringes the rights of third parties.
Platform Operator may prescribe rules of conduct for the Sharing of Platform User Content.
By Sharing Platform User Content, Platform User grants to Platform Operator a non-exclusive, irrevocable and unlimited right to use, modify and exploit Platform User Content, free of charge for the purpose of providing the APNA BOSCH Platform and the Offerings. The usage right is transferable and sub-licensable to third parties and granted without any geographical restrictions or restrictions in scope. This includes, but is not limited to, the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. The Platform User remains the owner of Platform User Content.
Platform User hereby waives the right to author attribution.
To the extent that Platform Operator expressly offers the option of removing Shared Platform User Content, the aforementioned right of use and exploitation shall expire upon deletion of the relevant Platform User Content by Platform User. However, Platform Operator has the right to retain copies made for backup and/or verification purposes, subject to applicable data protection legislation.
Platform User is responsible for Shared Platform User Content. Platform Operator is not responsible for checking the completeness, correctness, legality, quality and suitability for a particular purpose of Platform User Content.
Platform Operator is entitled to refuse Sharing of Platform User Content and/or to edit, block or remove Platform User Content already Shared without prior notice if the Sharing of Platform User Content by the Platform User or the Shared Platform User Content itself violates these APNA BOSCH Platform ToU, applicable law or morality or infringes third party rights. In this case, Platform Operator will take into account the legitimate interests of Platform User and choose the mildest means to avert a violation.
9.Third Party Content
APNA BOSCH Platform and the Platform Services may contain links to or otherwise display or make available Third Party Content.
Platform Operator does not check Third Party Content for completeness, correctness and legality and does not adopt it as its own. In particular, Platform Operator does not check security aspects in relation to Third Party Content. Therefore, Platform Operator does not provide any warranty for the completeness, correctness, legality and currentness of Third Party Content. This also applies with regard to the quality of Third Party Content and its suitability for a specific purpose, and also insofar as it concerns Third Party Content on linked external websites that may be viewed by way of framing.
Platform Operator will, at its sole discretion, investigate reasonable indications of violations of these APNA BOSCH Platform ToU or any illegality of individual Third Party Content or parts thereof and, if necessary, take appropriate measures to stop such violations. Specifically, Platform Operator will immediately remove illegal Third Party Content as soon as Platform Operator becomes aware of its illegality and insofar as this is technically possible.
10.Prohibited Activities
Platform Users shall use the Platform Services only in compliance with applicable laws and regulations. Any use for other purposes is prohibited. Unauthorized use includes but is not limited to:
a) Offers and promotion of own or third-party paid services or Content other than APNA BOSCH Solutions;
b) Offers, promotions and implementation of activities, such as prize competitions, raffles, barter transactions, advertisements or snowball systems;
c) Collecting electronically or otherwise the identity and/or contact details (including e-mail addresses) of Platform Users (e.g., for sending unsolicited e-mails); and
d) exploitation of Platform Services including the Content offered herewith in return for payment.
Platform User shall not use the APNA BOSCH Platform or the Offerings in violation of these APNA BOSCH Platform ToU or other applicable terms and conditions of Platform Operator, or any applicable laws or regulations, including, but not limited to copyright or trademark laws, antitrust and competition laws, Foreign Trade Law and data protection laws.
Any actions that are likely to impair the operation of the APNA BOSCH Platform or the Platform Services and/or the underlying technical infrastructure are prohibited. This includes, but is not limited to:
e) the Sharing of Content that contains viruses, worms, malware, trojans or harmful properties;
f) the use of software, scripts or databases not approved by Platform Operator in connection with the use of APNA BOSCH Platform or the Platform Services;
g) the automatic reading, blocking, overwriting, modification, copying of data and/or other Content, except as necessary for the proper use of APNA BOSCH Platform or the Platform Services; and
h) any activity to decrypt, decompile, disassemble, reconstruct, or otherwise attempt to discover the source code, of any software or proprietary algorithms used by Platform Operator to provide the APNA BOSCH Platform and the Platform Services, except as permitted under mandatory statutory law.
Upon becoming aware of an illegal, abusive or otherwise unauthorized use of the APNA BOSCH Platform or Platform Services, Platform User shall contact Platform Operator via e-mail to aabdo1-in.support@in.bosch.com. Platform Operator shall then examine the matter and, if necessary, take appropriate steps.
In the event of significant breaches of duty for which Platform User is responsible, Platform Operator is entitled to terminate.Platform User access for cause.
11.Suspension
Platform Operator may suspend Platform User’s access to the APNA BOSCH Platform and the Platform Services if Platform Operator determines that:
a) Platform User’s use of the APNA BOSCH Platform or the use of the Platform Services
(i) poses a security risk to the APNA BOSCH Platform and/or the Platform Services and/or a third party;
(ii) adversely affects the APNA BOSCH Platform or the Platform Services or other Platform User's systems or content;
(iii) violates applicable law or third-party rights;
(iv) could subject Platform Operator, its Affiliated Companies or third parties to liability for damages; or (v) is fraudulent;
Platform Operator will inform Platform User of a suspension by sending a notification to the e-mail address associated with Platform User's Account prior to the suspension, unless Platform Operator decides that it must act immediately due to urgency and is therefore unable to send a prior notification to Platform User.
Platform Operator shall lift the suspension as soon as Platform User has resolved the issue that led to the suspension.
12. Term, Termination of Platform User access
The Platform User access is concluded for an indefinite period. It starts with the date of activation of Platform User’s Account and ends upon termination by Platform Operator or Platform User in accordance with the terms below.
Platform Operator may terminate the Platform User access for convenience at any time by giving at least one month’s prior notice to the end of a calendar month
Form of termination
a) Unless a possibility of terminating by means of a dedicated function on the APNA BOSCH Platform (e.g., in the Account settings) is provided, any termination shall be made in text form (letter, e-mail).
Consequences of termination
b) Platform Operator will de-activate Platform User’s Account as of the effective date of termination, and Platform User will no longer have access to his Account, the Platform Services, and/or Platform User Content.
c) 30 calendar days after the effective date of termination and upon expiry of any mandatory statutory retention periods, Platform Operator has the right to delete the data generated in connection with the Platform User’s Account. For personal data, applicable data protection regulations shall take precedence, which may lead to a shorter retention period.
13. Warranty
Platform Operator does not assume any warranties for defects, including defects of title, for the APNA BOSCH Platform and the Platform Services, except where Platform Operator has fraudulently concealed the respective defect .
14. Liability
Platform Operator shall be liable in accordance with the statutory provisions
(i) in the event of willful misconduct and gross negligence, (iii) to the extent of a guarantee assumed by Platform Operator
Platform operator shall not be liable in case of Operational disruptions caused by force majeure or other unavoidable events beyond Platform Operator's control
a) which could not be averted with reasonable effort;
b) which could not have been foreseen even when exercising extreme care; and
c) which make Platform Operator's contractual obligations considerably more difficult or completely or partially impossible, such as strikes, lockouts, exceptional weather conditions, operational or traffic disruptions and transport obstructions,
discharge Platform Operator from its contractual obligations for the duration of such event plus a reasonable restart period.
15. Indemnification
Platform User shall defend, indemnify and hold Platform Operator harmless from any third-party claims related to
a) Platform User’s breach of the Platform User access.
b) any violation of applicable law by Platform User, in particular any infringement of data protection law and any violation of Foreign Trade Law;
c) the usage of the APNA BOSCH Platform and Platform Services by Platform User in a manner which infringes or violates third- party rights;
d) Platform User Content or Third Party Content provided by Platform User;
Platform Operator shall notify Platform User without undue delay and, to the extent permitted under applicable law, leave to Platform User the defense of such claims. Platform Operator will provide Platform User with all reasonable support. In particular, Platform Operator will, as far as possible, provide Platform User with necessary information about the use of the APNA BOSCH Platform and Platform Services to the extent necessary for Platform User to defend against the third-party claim.
16. Data Protection
The Parties shall comply with applicable data protection laws and regulations and commit their employees having access to any data processed hereunder to data secrecy and confidentiality.
If Platform User processes personal data, then Platform User guarantees that Platform User is permitted to do so in accordance with applicable laws and regulations, and that Platform User has obtained all necessary consents, authorization and required permissions or has entered into necessary agreements with third parties in a valid manner in order to allow for Platform Operator to perform the tasks hereunder, including any access and processing of personal and other private data of all concerned individuals and/or third parties (e.g. end customers of Platform User or Platform User’s employees) which may be subject to special protection under applicable laws.
Platform Operator shall only process Platform User-related personal data to the extent required to execute its contractual obligations or otherwise permitted by applicable laws. Platform User acknowledges and confirms the collection and processing of such personal data to this extent.
To the extent Platform User’s use of the APNA BOSCH Platform or a Platform Service includes the processing of personal data by Platform Operator on Platform User’s behalf and such processing constitutes commissioned data processing, the APNA BOSCH Data Processing T&Cs apply in addition to these APNA BOSCH Platform ToU. In case of conflicts between the provisions of these APNA BOSCH Platform ToU and the APNA BOSCH Data Processing T&Cs, the latter shall take precedence. In addition, the US Data Processing Addendum applies to Platform Users located in the United States of America and takes precedence over these APNA BOSCH Platform ToU and the APNA BOSCH Data Processing T&Cs.
The obligations pursuant to Sections 21.1 to 21.4 shall continue to exist as long as personal data of Platform User is in the area of influence of Platform Operator, also after the termination effective date of the Platform User Agreement.
General information regarding the processing of personal data by Platform Operator can be found in Platform Operator's data protection notice available at
17. Confidentiality
The Parties agree to keep all Confidential Information of the other Party disclosed to them confidential, to only use it in the context of the provision and use of the APNA BOSCH Platform and the Platform Services and not to disclose it to third parties unless expressly permitted by these APNA BOSCH Platform ToU.
The confidentiality obligation continues for a period of five years after termination of the Platform User access
The Parties may only grant access to Confidential Information of the other Party on a need-to-know basis to those of their or their Affiliated Companies’ corporate bodies and employees who are subject to confidentiality obligations substantially similar to the confidentiality obligations set out herein and extending beyond - to the extent permitted by employment law - their leaving of the company.
Excluded from the confidentiality obligation is information
a) which was demonstrably already known to the receiving Party at the time of conclusion of the Platform User access without breach of any contractual or statutory duty of confidentiality, or becomes lawfully known to the receiving Party thereafter from a third party without being subject to any duty of confidentiality;
b) which is publicly known at the time of conclusion of the Platform User access or which is made publicly known thereafter, unless this is based on a breach of the Platform User access
c) which has been independently developed by the receiving Party independently of any Confidential Information of the other Party obtained under the Platform User access
d) which must be disclosed due to legal obligations or by order of a court or authority or is disclosed for reasons of legal defense. To the extent permitted and possible, the receiving Party subject to the disclosure obligation will give prior notice to the other Party;
e) which is disclosed by the receiving Party with the prior written consent of the other Party.
18. APNA BOSCH Changes
Platform Operator may change or amend these APNA BOSCH Platform ToU APNA BOSCH Data Processing T&Cs at any time with effect for the future if this is necessary due to legal changes or due to functional or technical developments of the APNA BOSCH Platform or the Platform Services.
Platform Operator will notify Platform User via permanent data carrier (e.g. by letter or e-mail) at least six weeks before such change or amendment will take effect. If Platform User does not object to the change or amendment within 30 days of such notification, Platform User shall be deemed to have consented to the change or amendment. Platform Operator shall explicitly point out this “deemed consent” to Platform User in the notification. Deemed consent does not apply to a change or amendment that affects a material contractual obligation if this would result in an unfavorable disproportion between the Parties’ respective contractual obligations to the detriment of Platform User.
Editorial changes to terms and conditions mentioned in Section 0, i.e., changes that have no substantial effect, such as the correction of typing errors, may be made without notifying Platform User.
19. Applicable law, Place of jurisdiction
The contractual relationships between the Parties shall be governed by the laws of India.
The exclusive place of jurisdiction for any legal disputes arising from or in connection with these Terms of Use shall be Bangalore, India.
20. APNA BOSCH Final provisions
Legally relevant declarations and notifications to be made to Platform Operator after contract conclusion (e.g., setting of deadlines) shall be made in text form (letter, e-mail) to be effective.
The exclusive language available for contract conclusion shall be English. Translations of these APNA BOSCH Platform ToU to other languages are for information purposes only. In the event of contradictions between the English text and the translations, the English text shall prevail.
Should any provision of these APNA BOSCH Platform ToU, or the APNA BOSCH Data Processing T&Cs be or become invalid or unenforceable, this shall not affect the remaining provisions.