Transcript SHIMANO Europe ha messo a punto un sistema di supporto per i

SHIMANO Europe has developed a system to support its dealers / employees (“Users”) in providing
an online learning platform for Service, Product, and Technology information for SHIMANO
products. SHIMANO Technical Education + Certification (“Shimano T.E.C.”) can only be used for
online learning of SHIMANO products.
Use of personal information (email address etc) for SHIMANO T.E.C.
Distributor Manual: (p11)
Additional training and testing can be accessed via the SHIMANO T.E.C. online learning platform.
The set-up of this platform is managed by SHIMANO Europe, but actual implementation and use
in the market is supported by the local distributor.
Shimano Europe as well as its local distributor needs to have the possibility to contact Shimano
Service Center (SSC) employees directly (to send training invitations or update information), the
name of the user, their email address and the name of the shop needs to be stored. The employee
(User) also needs to use his/her email address in order to become a user of the online learning
platform, which makes it relevant for both parties. For reasons of analysis, the requested data will
be transferred to SHIMANO Europe. All users need to agree to the conditions and privacy policy
personally when using the online learning platform for the first time. Also, the SSC shop owner who
signs the main SSC contract needs to agree to the fact that he/she and their staff/users will not
abuse any of this information in any way possible. Based on the outcome of the quizzes and
passed those relevant quizzes will receive a course certificate via the Learning system or via their
local distributor.
Shimano Service Center Concept – contract (page 2)
4. SERVICE LEVEL
a) The dealer is required to service (repair and make warranty decisions) all SHIMANO
products as mentioned in 3.a immediately.
b) The dealer is required to service (repair and make warranty decisions) SHIMANO products
that are not mentioned in 3.a within one day reach.
c) All warranty and guarantee guidelines will be conducted as is through DISTRIBUTOR.
d) The dealer is required to use the SHIMANO Online Communication System (SOCS) for their
warranty registrations.
e) At least one person of the dealers’ technical staff is required to follow and get certificated
for all SSC trainings as defined by DISTRIBUTOR. This certification is personal and does not
relate to the dealer directly.
f) As it is required for the usage of the SHIMANO online learning platform, staff that follows
these trainings is required to share his/her personal data (name and email address) with
DISTRIBUTOR. The dealer is not allowed to abuse this information and the SHIMANO online
learning platform against his staff, in any way possible.
g) It is recommended for the dealer to use and advise SHIMANO Wear Out parts in the service
area for the service and replacement of SHIMANO parts and to do the same for nonSHIMANO parts. This means a dealer is required to have a good level of SHIMANO Wear
Out parts on stock to comply with the above.
Disclaimer SHIMANO T.E.C.:
An individual who wishes to access this Website (the “User”) may register User’s ID information
and access this Website only if such User agrees to the terms & conditions and privacy policy
stipulated hereunder.
SHIMANO T.E.C. terms & conditions
All information contained in this Website is for internal use of those who have been provided with
a security password only. SHIMANO Europe is the copyright owner of the contents of this Website
and nothing from this Website may be shared with or duplicated for anyone outside or for the
purpose of any other external use, without prior written approval by SHIMANO Europe. No rights
can be derived from the content of this Website nor can SHIMANO Europe be held liable for any
inaccuracy presented on this Website. Specification and prices published are subject to change
without notice.
It is the task of the user to seek contact if information given on the website is unclear to the user.
SHIMANO Europe cannot be held responsible for any damage caused by misunderstanding of
information presented if this information is not available in the native language of the user.
Article 1 (Application of terms & conditions of use)
1. These terms & conditions set forth the requirements to be observed by the User relating to the
confidentiality of information provided by SHIMANO Europe.
2. The provisions set forth in these terms & conditions may be revised by SHIMANO Europe as
necessary without informing the User. The User needs to confirm the latest terms & conditions of
Use posted on the Website when using the Website. It is the Users‘own responsibility to keep
himself/herself updated on these latest terms & conditions.
3. Upon request from SHIMANO Europe, the User shall promptly report to SHIMANO Europe the
confidential information that the User has obtained from the Website.
Article 2 (Issuance and Use of ID and Password)
1. The ID and Password necessary for logging into the Website shall be issued and assigned to
the User by SHIMANO Europe and/or the local SHIMANO distributor.
2. Only a User to whom an ID and Password is issued and who agrees to the terms & conditions
and privacy policy may use the Website.
3. The ID and Password issued to a User may be used by such User only. The User shall not
disclose, lend or assign to any third party the ID and Password provided by SHIMANO for logging
into the Website.
4. SHIMANO and/or the local SHIMANO distributor may suspend use of this Website by any User
whom SHIMANO Europe determines to be unsuitable.
Article 3 (Suspension of Website Operation)
1. SHIMANO Europe may temporarily suspend operation of the Website without notice to or
consent of its Users.
2. If any User suffers any damage caused by the temporary suspension of operation of the
Website in accordance with paragraph 1 above, SHIMANO Europe shall not be liable for such
damage.
Article 4 (Disclaimer of Warranty & Liabilities)
1. The User agrees that the Website shall be used at User’s own risk and liability. Without limiting
the generality of the foregoing, SHIMANO Europe hereby expressly excludes and disclaims
liability for any warranty that (1) the Website is free of defects, errors or failures; or (2) the Website
is free of any computer virus or other harmful content.
2. SHIMANO Europe may revise the contents of the Website or discontinue provision of the
Website at any time at its own discretion. SHIMANO Europe does not guarantee the
continuance or preservation of the consistency of the Website.
3. SHIMANO Europe shall not be liable for any damages (including but not limited to mental
distress or monetary loss) that may be caused by the use of the Website (including but not
limited to provision of any information in connection with use of the Website) or the unavailability
of the Website.
4. If any unauthorized alteration of the Website, unauthorized access to any data relating to the
Website, virus invasion or any other wrongful act is made to the Website, and if any damage is
caused to a User by such wrongful act, SHIMANO Europe shall not be liable for such damage.
Article 5 (Governing Law & Arbitration)
5.1 Governing Law. The validity, construction and performance of these terms & conditions shall
be governed by and interpreted in accordance with the laws of the Netherlands.
5.2 Arbitration. Any and all disputes between SHIMANO Europe and User in respect of this
Agreement or the Website shall be submitted for resolution by arbitration in Amsterdam, the
Netherlands, pursuant to the Arbitration Rules of the Netherlands (Nederlands Arbitrage Instituut)
The arbitration award shall be final and binding on all parties.
(Treatment of Improvements or Results etc.)
In the event that any invention, idea, design, technological improvement, enhancement, or
modification (“Result”) is generated by the User in the course of performance of tasks based on
the Website, the right and title in and to such result, as well as the treatment of any intellectual
property rights attaching thereto, shall be determined by SHIMANO Europe.
(Injunctive Relief; Damage)
The User recognizes that use or disclosure of the confidential information in violation of this
Agreement may cause SHIMANO Europe irreparable damage, and SHIMANO Europe shall have
the right to claim equitable and injunctive relief to prevent any unauthorized use or disclosure,
and to claim any and all damages (including attorneys’ fees) incurred or suffered by SHIMANO
Europe as a result of User’s breach of this Agreement.
SHIMANO T.E.C. privacy policy
The User agrees that it shall treat and maintain any confidential information received hereunder
from the Website in strictest confidence with the care, caution and attention of a good
custodian and shall not disclose or reveal such confidential information to any third party. Such
information obtained from the Website shall be for the sole use by the User only for the purpose
for which such information was originally disclosed on the Website.
The User agrees that all information posted on the Website is owned by SHIMANO Europe.
Article 1 (Treatment of Personal Information in SHIMANO’s Possession)
SHIMANO Europe shall respect the privacy of Users of the Website and shall take due care in
handling and managing the personal information of Users.
Article 2 (Treatment of User Information)
SHIMANO Europe may collect access logs (“User Information”) in order to create statistical data
with the aim of improving the Website’s convenience for Users or monitor unauthorized access.
SHIMANO Europe shall not provide such User Information to any third party except for the
provision of such User Information upon request made in accordance with due legal
procedures.