General Terms and Conditions
Article I. Object
The following general terms and conditions (hereinafter “General Terms and Conditions”) govern the Valeo Garage Loyalty Program (hereinafter “Valeo Specialist Club”) of VALEO THERMAL COMMERCIAL VEHICLES AUSTRALIA PTY LTD, incorporated company under the law of Australia, whose registered office is 15 Rodeo Drive, 3175 DANDENONG SOUTH, VIC, AUSTRALIA (hereinafter “Valeo Service Australia”).
Article II. Participation Conditions
Section 2.01 Authorized Users
Authorized users are employees and representatives (hereinafter “User”) of workshop established in the Australia which workshop is supplied directly or indirectly with Valeo products from distributors who have signed a distribution agreement with Valeo Service (hereinafter “Workshop”).
Only User registered through the Valeo Service Specialist Club Application dedicated form may participate to the Valeo Specialist Club.
The User is required to read the General Terms and Conditions carefully before registry and participation to the Valeo Specialist Club.
Section 2.02 Portal and Registration
Registration shall be made using User pre registration code sent by Valeo Service to the User.
The access to the Valeo Specialist Club is granted through registration via Valeo Service mobile application [...] available on the Apple Store® and Android® Play Store® (hereinafter the „Portal“).
By registry on the Portal the User fully accepts the General Terms and Conditions. Such acceptance is documented by the clicking of the button “I have read and accept the Terms and Conditions of the Valeo Specialist Club” during the course of the registration procedure.
Should the User not be the legal representative of the Workshop, by registry on the Portal, the User acknowledge being duly authorized by the Workshop to participate into this Valeo Specialist Club on a behalf of the Workshop. Valeo Service waives any responsibility for such authorization and should not be liable against the Workshop or any third party for any User registration which has not been duly authorized by the Workshop.
Upon registration a contract is formed between Valeo Service and the User as to the use of the Portal based on these General Terms and Conditions (hereinafter “Agreement”).
The use of the Portal is free of charge. The information provided by the User at the time of registration must be complete and correct. This includes the following data:
the name of the Workshop, the first name and family name of the User, address of the Workshop (not a post office box), a valid phone number, an email address and a Capricorn account number allowing the confirmation of the existing business.
The User must keep up-to-date the data requested by Valeo Service at the time of registration and shall notify Valeo Service of any changes by email or by updating its account on the Portal without undue delay.
At the time of registration the User shall provide a user name and a password to allow access to the registered area of the Portal. The User undertakes to keep the password secret and to use such only in relation to the registered User for the use of the Portal. Any making available of the password to a third party is expressly prohibited.
Insofar the User shall be liable for compliance with these obligations of due care and confidentiality. If, for whatever reason, the password becomes known to a third party, the User shall change the password without undue delay and shall notify Valeo Service accordingly without undue delay by email.
Article IV. Reward
The User will have its Valeo Bonus Points convert into Capricorn Bonus Points. Capricorn Coop is a partner specific to the Australia area. Capricorn Bonus Points are regulating by Capricorn Reward program Terms & Conditions.
Valeo Service is entitled to request from the User relevant proof that Product which has been scanned has been purchased by its Workshop and mounted on a vehicle and/or sold from the Workshop to an end-user before the User registration on the Portal. Should the User not be able to provide evidence that Product which has been scanned has been purchased by its Workshop and mounted on a vehicle and/or sold from the Workshop to an end-user before the User registration on the Portal, Valeo Service is entitled to offset such Bonus Point from its account.
Further conditions may also apply to obtaining Rewards, if and insofar as such conditions are set out in the Portal as the basis for obtaining such Rewards.
Article V. Liability
In relation to any third party, Bonus Points may not be sold or exchanged or auctioned or otherwise passed on unless such is expressly permitted under the General Terms and Conditions.
In case of any breach of the General Terms and Conditions as well as any misuse of Bonus Points for which the User is responsible, Valeo Service reserves the right to require the return of any ordered and delivered Rewards and, as the case might be, refuse to recognize any claim for a Reward.
Any further rights or remedies against the User including those related to payment of damages shall remain unaffected hereby.
Any liability of Valeo Service and its affiliates is excluded insofar as such liability is not mandatory as in willful conduct, gross negligence, or as a result of injury to life, body or health, because of an express guarantee as to quality, deceitful concealment of a defect or breach of a material contractual condition. Any damages for breach of a material condition as a result of simple negligence shall, however, be limited to typical foreseeable damage resulting from the contractual breach.
The User shall be responsible for clarifying tax matters related to bonus points. Any refund by Valeo Services and its affiliates of any duties or taxes is hereby excluded.
Article VI. Amendment
Valeo Service reserves the right to amend the General Terms and Conditions and consequently the Agreement at any time. Any amendment made by Valeo Service shall apply at the date of its publication on the Portal in the section of General Terms & Conditions.
Article VII. Data Privacy
Any personal data of the User transmitted to Valeo Service shall be incorporated to a data file and processed pursuant to applicable data privacy law and regulations where the User is located. Such data shall be processed by Valeo Service and/or its affiliates located in the same country of the User acting as data controller (hereinafter “Data Controller”), for the following purposes:
(i) The management of the Valeo Specialist Club and follow-up of the relation between the User and Valeo Service for the purpose of the Valeo Specialist Club;
(ii) Any promotional and/or advertising action from Valeo Service or any third party in relation to automotive spare parts or product linked to the automotive industry, in such case User privacy data may be transferred to third party providing that such third party shall fully comply with applicable data privacy law.
The legal basis that legitimates the processing of the data of the User is the need to obtain these data for the execution and implementation of the Agreement. The data will be kept during the term of the Agreement and, subsequently, for an additional term of 5 years in order to meet possible responsibilities arising from the contractual relationship.
The User shall have the right of access to his personal data and may exercise the rights of rectification, deletion, opposition, limitation and portability of said data before the Data Controller through written communication to the registered office mentioned in this Article, providing a copy of his ID or equivalent document, and identifying him as a User of the Valeo Specialist Club. The data collected by Valeo Service may be communicated to the
French entity Valeo Service SAS for the coordination of the contractual relations of Valeo in Europe. Likewise, in the event that the right to the protection of personal data is infringed, the User may file a complaint with the Spanish Agency for Data Protection (www.agpd.es). Should the User have any queries concerning the processing of his personal data, the User shall address them to the legal entity acting as data controller provided in this article.
For any request regarding personal data, the User may address to the Data Controller:
of Valeo Service Espana S.A.U, incorporated company under the law of Spain, whose registered office is Rio Almanzora n°5, 28906 GETAFE (MADRID)
[vsa-madrid-asistencia-tecnica.mailbox@valeo.com]
Where the Agreement requires the processing of personal data by Data Controller contractor, its subcontractors and/or service providers, such third party may act only under the supervision of the Data Controller, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data, and the means by which the data subject may exercise his rights.
Valeo Service and its affiliates shall limit access to the data to the staff strictly necessary for the purposes set out in this article.
Valeo Service and its affiliates undertakes to adopt appropriate technical and organizational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:
a- prevent any unauthorized person from having access to computer systems processing personal data, and especially:
- unauthorized reading, copying, alteration or removal of storage media;
- unauthorized data input as well as any unauthorized disclosure, alteration or erasure of stored personal data;
- unauthorized using of data-processing systems by means of data transmission facilities;
b- ensure that authorized users of a data-processing system can access only the personal data to which their access right refers;
c- record which personal data have been communicated, when and to whom;
d- ensure that personal data being processed on behalf of third parties can be processed only in the manner prescribed by Valeo Service and its affiliates;
e- ensure that, during communication of personal data and transport of storage media, the data cannot be read, copied or erased without authorization;
f- design its organizational structure in such a way that it meets data protection requirements.
Article VIII. Governing Law – Dispute Resolution
The General Terms and Conditions and the Agreement shall be governed and construed according to the law of Australia, without application of its conflicts of laws rules.
Any dispute arising from the General Terms and Conditions and the Agreement shall first be the subject of amicable negotiation between the Parties. If no amicable settlement is reached within thirty (30) days from the notice, the dispute may be brought before the Court having jurisdiction in Melbourne – Australia, even if the claim refers to a point of law, a guarantee liability, or if there are several defendants, upon application by the most diligent party.
