Subscription Terms Auto-Trust

General terms and conditions for the dealer area

General terms and conditions for use of the dealer area in Auto-Trust.dk (Conditions dealer area, from 16.08.2023)

Content

A General Terms and Conditions Dealer Area

§ 1 Supplier and Scope

§ 2 Subject matter of the contract and scope of services

§ 3 Registration and conclusion of contract

§ 4 Deletion of offers, blocking, termination and other measures

§ 5 Settlement, due date and amount of remuneration and payment

§ 6 Price changes and changes to the general conditions

§ 7 Requirements for the content and presentation of the notes and presentation by the dealer

§ 8 Data protection

§ 9 Responsibility for the content of the ads

§ 10 Exemption

§ 11 Responsiblity

§ 12 Copyrights and rights of use

§ 13 Exercise of rights by third parties, acceptance of the contract and special right of termination

§ 14 Applicable law, place of performance and venue

§ 15 Separation clause

B. User Information

A General Terms and Conditions Dealer Area The range of services in the Dealer Area on www.Auto-Trust.dk (hereafter “Auto-Trust.dk”), are subject to these General Terms and Conditions (hereafter the “Terms”). By registering with us as a user, you automatically agree to the validity of these general terms and conditions for the retailer area.

§ 1

Supplier and Scope

§ 1.1

The reseller area under the domain www.Auto-Trust.dk is an offer from

ASG-Digital A/S, Bondovej 16, 5250 Odense SV

§ 1.2

Auto-Trust.dk provides on the website information about the individual car dealers in words, images and sound, as well as the opportunity to inquire about the dealer’s products and comment on ratings.

§ 1.3

Auto-Trust.dk operates databases that are accessible via the Internet, where registered car dealers (hereafter referred to as “dealers”) can enter comments on ratings that the dealer’s customers have submitted via the so-called user area after submitting the rating.

§ 1.4

The dealer area on Auto-Trust.dk is exclusively aimed at traders. For the purposes of these General Conditions, a trader is a physical or legal person.

§ 1.5

These general terms and conditions of use and business apply exclusively between Auto-Trust.dk and the dealers in the dealer area in the databases operated by Auto-Trust.dk. Individual contractual agreements take precedence over these terms. Deviating, conflicting or supplementary terms do not become part of the contract unless their validity is expressly agreed in writing.

§ 1.6

Auto-Trust.dk only provides the technical prerequisites for submitting and commenting on assessments in the form of databases. Auto Trust.dk has no influence on the content of ratings and comments. In particular, Auto Trust.dk is not itself a reviewer or commentator.

§ 1.7

Auto-Trust.dk is not involved in the relationship between the assessor and the dealer (car dealer, commentator), either as an intermediary or as a party or as a representative of a party.

§ 2

Subject matter of the contract and scope of services

§ 2.1

The service provided by Auto-Trust.dk consists of providing customer reviews and giving the dealer (Auto-Trust.dk customer) the opportunity to comment on the reviews.

§ 2.2

The service provided by Auto Trust.dk also consists in making available an input mask for commenting on ratings, activating the comments entered via the input mask and making it possible to retrieve the ratings, including the comments, from Auto Trust.dk databases via the internet.

§ 2.3

Auto Trust.dk advertises itself and through third parties for Auto Trust.dk, for example by including the reviews or excerpts which of on other websites, software applications, in emails or in marketing initiatives in print media, radio and TV. Auto-Trust.dk also allows third parties to advertise their offers and services through Auto-Trust.dk. Auto-Trust.dk may also provide third parties with access to the data, information and content published via Auto-Trust.dk to support theese activities

§ 2.4

Auto-Trust.dk allows third parties to include advertising references to their own services in the notification emails sent to participating car dealers via Auto-Trust.dk when a new rating is received by them.

§ 2.5

The dealer grants Auto-Trust.dk free of charge the exclusive, transferable and sublicensable right, which is unlimited in time, geography and content, to use the content that the dealer has submitted to Auto-Trust.dk online and offline, in particular to make the content publicly available, reproduce, distribute and edit the content.

The above assignment of rights also includes in particular.

– the right to reproduce the content on any analogue and digital image and sound carrier (e.g. CD, CD-ROM, DVD, memory card, hard disk, video cassette, etc.) and in any printed media (e.g. magazines, newspapers, posters, flyers, brochures, newsletters, etc.)

– retten til at kombinere indholdet med andet indhold (tekst, billeder, hyperlinks, varemærker, logoer osv.) og andre reklamemedier og til at bruge disse forbindelser i overensstemmelse med denne aftale;

– the right to edit the content, including but not limited to reducing, enlarging, splitting, shortening, modifying and using such editing in accordance with this agreement;

– the right to use the content for presentations such as Power Point presentations, internally and at public events such as trade shows, seminars and training courses;

– the right to insert the content into any database and store it there.

§ 2.6

The retailer also agrees that translations of the retailer’s ads may be made for the purpose of integration into foreign websites and software applications.

§ 2.7

The Dealer assures that the Dealer has created the content itself and is authorized to disclose it to Auto-Trust.dk to the extent described above.

§ 2.8

It is technically impossible to achieve 100% availability of Auto-Trust.dk. However, Auto-Trust.dk tries to keep its services available as constantly as possible. Maintenance , security or capacity issues, as well as events beyond the control of Auto-Trust.dk (e.g. interruptions to public communication networks, power outages, etc.), may lead to short-term impairments in the availability of Auto-Trust’s services.

§ 2.9

Auto-Trust.dk may make the use of the Auto Trust.dk service or individual features of Auto-Trust.dk or the extent of the use of individual features and services subject to certain conditions, such as control of registration data, duration of the contractual relationship, type and extent of use as well as compliance with certain security measures.

§ 2.10

Auto-Trust.dk reserves the right to restrict a dealer’s input of comments if this is necessary for technical reasons, especially for capacity reasons. This applies both to data transfer in the merchant area and to data transfer using an FTP program.

§ 2.11

Especially for technical reasons, it may temporarily not be possible or only to a limited extent to retrieve activated ratings and leads, as well as unpublished ratings and leads (unforeseen system errors).

§ 3

Registration and conclusion of contract

§ 3.1

Upon registration and transfer of the retailer’s data, offers are made for the conclusion of a contract for the use of the retailer area subject to these conditions. In addition to the main company, the individual branch operation, point of sale or elsewhere is also a dealer in the sense of these terms. A separate registration is required for each of these locations. Auto Trust.dk will issue an individual bill for each of the specified locations, unless otherwise expressly agreed between the parties.

§ 3.2

Auto-Trust.dk decides at its own discretion whether to accept the offer after receiving the offer. Acceptance of the offer is by order confirmation or by release to the retailer area after the retailer’s own registration of the retailer in our system. There is no right to enter into a contract.

§ 3.3

Registration is only allowed for legal persons, physical persons, unlimited legal persons and partnerships. In particular, minors are not allowed to register. The person registering must be authorized to enter into similar contracts on behalf of the dealer and must immediately, upon request from Auto-Trust.dk, provide the authorization.

§ 3.4

The registering person is obliged to provide complete and truthful information.

§ 3.5

Auto-Trust.dk is entitled, within the framework of the registration and the ongoing contractual relationship, to require the presentation of an extract from the company registration and/or the CVR register as well as other documents and information that appear necessary or appropriate for the registration or maintenance of the contractual relationship.

§ 3.6

If the information provided changes after registration, the dealer is obliged to inform Auto Trust.dk immediately. Please notify you in writing to the above address or by email to info@en.asg-digital.dk.

§ 3.7

The dealer must check the accuracy of the data provided when registering and in the event of changes.

§ 3.8

The dealer must keep his password secret and carefully secure his access details. In addition, the dealer is obliged to notify Auto-Trust.dk immediately if there is evidence that the dealer’s access data has been misused by third parties.

§ 3.9

Auto-Trust.dk does not disclose the Reseller’s password to third parties and will never ask the Reseller for the password by email or phone.

§ 4

Deletion of offers, blocking, termination and other measures.

§ 4.1

Auto Trust.dk can take the following measures if there is concrete evidence that a dealer violates legal provisions, third party rights or these terms, or if Auto Trust.dk has another legitimate interest (especially in case of late payment):

– Deleting comments or other content that has been posted on Auto-Trust.dk

– Delay in publishing content available on Auto-Trust.dk

– Warning of retailers

– Restriction of the use of Auto-Trust.dk

-Temporary blocking of retailers

– Final Retailer Blocking

§ 4.2

In choosing the remedy, Auto Trust.dk takes into account the legitimate interests of the dealer concerned, in particular whether there is evidence that the dealer is responsible for the infringement.

§ 4.3

Auto-Trust.dk may delete comments if their content or presentation violates these terms (in particular the provisions of § 7) or against legal regulations or violates the rights of third parties.

§ 4.4

Auto-Trust.dk may temporarily block a retailer from using Auto Trust.dk. The consequence of a temporary block is that the retailer can no longer log in via the Auto Trust.dk service and that the retailer’s ads can no longer be accessed via Auto Trust.dk.

§ 4.5

In case of default of payment, revocation of a direct debit authorization or a refund note, Auto-Trust.dk is entitled to withhold its own service and block the relevant dealer’s comments so that the dealer’s comments can no longer be retrieved from the databases.

§ 4.6

Auto-Trust.dk may permanently block a dealer from using Auto-Trust.dk if the dealer repeatedly or particularly grossly violates these terms or if there is another significant reason.

§ 4.7

The paid participation runs for the period that the retailer has booked. Thereafter, the paid participation is extended by 1 month at a time if it is not terminated in writing or by e-mail by the dealer or by Auto-Trust.dk in good time with a notice of 1 plus one running month before the contract expires. Termination to Auto-Trust.dk can be sent to ASG Digital A/S, Bondovej 16, 5250 Odense SV or by e-mail to info@asg digital.

§ 4.8

The Dealer and Auto-Trust.dk have the right to terminate the right of use agreement for a valid reason if a continuation of the contractual relationship until the expiry of the statutory notice period is unreasonable, taking into account all circumstances in the individual case and weighing the interests of the Dealer and Auto-Trust.dk. In addition, Auto-Trust.dk has in particular, but not exclusively, an extraordinary reason for termination if there is a violation of the retailer’s obligations under § 7.

§ 4.9

In case of resumption of the contractual relationship and re-entry of a dealer after termination or final blocking by Auto Trust due to violation of the General Terms and Conditions, due to non-payment or for any other significant reason, Auto Trust.dk is entitled to claim a resumption fee in accordance with the 2 month subscription.

§ 5

Settlement, due date and amount of remuneration and payment.

§ 5.1

The monthly subscription is calculated and charged by Auto-Trust.dk monthly in advance. Invoicing is done electronically or by mail when sending an invoice. The final amount shown on the invoice is due for payment 14 days after the invoice is issued.

§ 5.2

The monthly subscription will appear on the website at any time.

§ 5.3

The dealer must pay additional fees for additional services provided by Auto Trust.dk. Such services are offered and agreed upon individually.

§ 6

Price changes and changes to the general conditions.

§ 6.1

Price changes are announced by Auto-Trust.dk in good time so that the dealer can terminate the contractual relationship before the new prices take effect, subject to a special 30-day cancellation right. If the Dealer does not exercise this right and continues to use Auto-Trust’s services after the effective date of the price change, the price change will be binding on both parties.

§ 6.2

Auto-Trust.dk reserves the right to change these terms and conditions at any time and without justification, unless a change is not reasonable for the retailer. Auto-Trust.dk will notify the retailer of the changes via email. If the retailer does not object to the validity of the amended terms and conditions within 30 days of notification, the amended terms shall be deemed to have been agreed.

§ 7

Requirements for the content and presentation of the notes and presentation by the dealer.

§ 7.1

The retailer is obliged to provide complete and truthful comments in connection with the assessment. Incorrect comments (e.g. typographical errors, classification into wrong categories) must be corrected immediately after they have been discovered, via the “Edit” function.

§ 7.2

When the retailer comments on ratings, always be sure to ensure that the comments are always at an objective level. In particular, comments of an insulting, offensive or threatening nature, of a racist or otherwise punishable nature are not permitted and will be deleted by Auto-Trust.dk upon discovery.

§ 7.3

The presentation of the retailer can be illustrated with photos and a video link. The Dealer undertakes to place only such photos on Auto-Trust.dk, which the Dealer is entitled to use without restriction and which are not subject to third party rights, in particular third party copyrights. The images used must not be misleading and must reflect the facts of the place.

§ 7.4

If Auto-Trust.dk provides certain quality marks, widgets, warranty marks or other trust symbols, a retailer is obliged, provided that the retailer has multiple locations, to ensure that these identify only those locations that meet the requirements. Other trust symbols may only be used if approved by Auto-Trust.dk.

§ 7.5

The presentation of the car house/location must not, by its wording, content, visual presentation and the intended purpose, be contrary to legal provisions or morality.

§ 7.6

In principle, it is not allowed to insert links to external websites other than the dealer’s own website, other services and sources of information in a presentation of the car dealer, unless these are required by law. Email addresses and non-activated URLs (URLs) and parts thereof are also considered links.

§ 7.7

Phone numbers are only allowed if the retailer has a paying profile.

§ 8

Data protection In addition to these terms, Auto-Trust.dk’s “Privacy Policy” applies.

§ 9

Responsibility for the content of the ads.

§ 9.1

The retailer is solely responsible for the content of the comments. Neither the correctness nor the completeness of the comments are checked by Auto-Trust.dk. Auto-Trust.dk assumes no responsibility for the correctness and completeness of the ads.

§ 9.2

Auto-Trust.dk disclaims any warranty and responsibility that the comments comply with the legal provisions.

§ 10

Exemption The Dealer releases Auto-Trust.dk from all claims that third parties assert against Auto Trust.dk due to violation of their rights by the Dealer’s advertising or due to the Dealer’s other use of Auto-Trust.dk. In this case, the Dealer also assumes the costs of Auto-Trust.dk’s necessary legal defense, including all court and attorneys’ fees. This does not apply if and to the extent the retailer is not liable for infringement

§ 11

Responsibility

§ 11.1

Auto-Trust.dk is only liable for intent and gross negligence. To the extent that a foreseeable breach of duty is based on simple negligence and a material contractual obligation (obligations the performance of which is a prerequisite for the proper performance of the contract, the breach of which jeopardizes the fulfilment of the purpose of the contract, and the performance of which you as a negotiator regularly rely on) is intentionally breached, our liability is limited to the foreseeable.

§ 11.2

In all other respects, liability is excluded.

§ 11.3

Auto Trust.dk takes no responsibility for the accuracy of the trust factors.

§ 12

Copyrights and rights of use All data, information, logos, texts, programs and images on the website made available through Auto-Trust.dk are subject to copyright. Modification, further processing and use in media of any kind by third parties is not permitted. The rights of the retailer are not affected by this. The retailer remains free to dispose of its own data and information.

§ 13

Third parties’ exercise of rights, acceptance of the contract and special termination rights Auto-Trust.dk is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice of four weeks. In this case, Vendor is entitled to terminate the User Agreement without notice.

§ 14

Applicable law, place of performance and venue.

§ 14.1

Danish law applies to the conclusion and execution of all contracts. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly not applicable.

§ 14.2

The agreement is governed by Danish law.

All disputes that may arise in relation to this agreement, and which cannot be resolved amicably by negotiation between the parties, must be settled by the court in Odense in the first instance.

§ 15

Severability clause If one or more provisions of these General Terms and Conditions are ineffective or contain a gap, the rest of the contract shall remain in force. In lieu of the invalid or missing provision, the relevant statutory provisions shall apply.

B. User information 1. information about Auto Trust.dk and address

ASG Digital A/S

Bondovej 16

5250 Odense SV

Telefon: 70707272

E-mail: info@en.asg-digital.dk

Internet: www.en.asg-digital.dk

Legal registration number: 40066349

2. Information about the main features of the services offered.

The essential characteristics of the services offered can be found in the individual service descriptions that Auto Trust.dk makes available as part of the presentation of the services, in particular § 1 and § 2 of Auto Trust.dk’s general terms and conditions (see above).

3.Information about the conclusion of the agreement and the duration of the contract

The agreement between Auto-Trust.dk and the dealer is concluded in accordance with § 3 of Auto-Trust.dk’s general terms and conditions (see above). The term of the contract is determined in accordance with § 4 of Auto-Trust.dk’s terms and conditions (see above).

4. Information about storing terms and conditions and the retailer’s access options

The retailer can always see the general terms and conditions on this website. The terms will be sent to the retailer upon registration.

5. Information on the languages available for the conclusion of the contract

Only the Danish language is available for contracting.