Home Comfort Claims
Bosch Global
English

Terms of Use

Last amended: August 18, 2023

These Terms of Use (“Terms”) describe the terms and conditions under which Bosch Thermotechnology Corp. (“Home Comfort”) offers each individual or entity (hereinafter, “Customer” or “you”) access to the website: https://claims.bosch-homecomfort.us (the “Website”) and its Services (defined below).

BY ACCESSING AND USING THE WEBSITE OR ANY CONTENT FOUND ON THE WEBSITE, CUSTOMER AGREES TO COMPLY WITH AND TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY HTTPS://WWW.CLAIMS.BOSCH-HOMECOMFORT.US) AND ANY OTHER POLICY OR GUIDELINES LINKED HEREIN. IF YOU DO NOT UNDERSTAND OR AGREE OR DO NOT HAVE THE AUTHORITY OR CAPACITY TO ACCEPT THESE TERMS YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES. BY USING THE WEBSITE, YOU UNCONDITIONALLY AGREE TO THESE TERMS.

Overview and Changes.

General. The Website allows you, if you are (i) a the product owner, to register your Home Comfort product; and (ii) a wholesaler, distributor, commercial representative or manufacturer's representative with an active customer account, to submit warranty claims on behalf of the entity you represent, i.e. your employer (collectively, the “Services”).

Changes. These Terms may change from time to time. When accessing the Website or through other means of notice as provided in the Notices section, you may be invited to review and accept material changes to these Terms. Your continued access to and use of the Services and the Website, after we make changes, is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Home Comfort is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.

Account

To access the Website and the Services, you require a SingleKey ID. If you do not already have a SingleKey ID you must first register and create a SingleKey ID account at https://singlekey-id.com/en-us/sign-up/. The terms and conditions for the use of the SingleKey ID account are outside the scope of these Terms and Home Comfort is not responsible for that service. The Terms of Use for the SingleKey ID are available at https://singlekey-id.com/en-us/terms-of-use/.

Following your log-in via Single Key ID, you will be required to provide additional information to complete your registration on Home Comfortprohvac.com. You must provide truthful and accurate information about yourself and/or the entity you represent.

You may receive an invitation to register an account for the Website by an administrator, such as your employer. Information provided to Single Key ID is subject to the terms and conditions of that service. Information you provide directly to Home Comfortprohvac.com may be visible to your administrator. In addition, your administrator may be able to access or disable your account without our involvement.

Customer agrees that Customer will not share Customer's account or account information, including, but not limited to the password, with any unauthorized third party. Customer is responsible for taking all reasonable steps to maintain the confidentiality of Customer's user name and password. In the event Home Comfort provides an account password, Customer shall immediately change such password into a password only known to Customer.

Customer is solely responsible for (i) the maintenance, confidentiality and security of its account and all passwords related to such account; and (ii) any and all activities that occur under or through its account, including all activities of any persons who gain access to the account, with or without your permission. Customer shall use reasonable efforts to ensure that Customer's Website account and the Services are only used by Customer and its authorized users. Customer shall ensure that Customer and its authorized users comply with the terms and conditions of these Terms, and any terms and conditions referenced herein or otherwise provided by Home Comfort. Customer shall immediately notify Home Comfort of any unauthorized use of Customer's username, password or other account information, or of any other breach of security that Customer becomes aware of, involving Customer's account or the Services and Customer shall provide assistance to us, as requested, to stop or remedy any breach of security related to Customer's account.

CUSTOMER DATA.

Customer represents and warrants that:

  • Customer and/or its licensors hold all rights to all data (including, but not limited to personal data), information, content or material provided by Customer or on behalf of Customer in connection with Customer's access to the Website and use of the Services (the “Customer Data”) or alternatively, has acquired all necessary rights, to enable it to grant to us the rights to the Customer Data necessary under these Terms, as set out below, to access the Website and use the Services.
  • The Customer Data does not violate these Terms or any applicable laws and does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; and
  • The Customer Data does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files.

Customer hereby grants to Home Comfort and its affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) right to use the Customer Data, for the purpose of providing the Service, in particular the right to reproduce such Customer Data for this purpose (e.g. for data back-up), to modify it and to provide such Customer Data for the purpose of accessing it.

Customer shall regularly back up the Customer Data. Each data back-up by Customer shall be performed so that the recovery of the Customer Data is possible at all times.

Home Comfort is entitled to immediately suspend Customer's use of and access to the Service if there is reasonable belief that the stored Customer Data is unlawful and/or infringes third party rights. For example, Home Comfort has the right to suspend Customer's use of and access to the Services if a court, other authorities and/or any third party notifies Home Comfort of Customer's unlawful or potential unlawful use of the Services, or of an infringement of third party rights. Home Comfort will use reasonable efforts to notify Customer of the suspension, stating the reason for such suspension. The suspension will be removed as soon as practicable after the reasons for the suspension are no longer present.

PERSONAL DATA.

The parties shall comply with all applicable provincial and federal data protection laws and regulations, and take appropriate steps to ensure their employees and agents comply with such laws and regulation.

Any personal data provided by Customer to Home Comfort through or in connection with Services, including, but not limited to account information, shall be processed by Home Comfort in accordance with applicable laws, regulations and Home Comfort's Privacy Policy as amended from time-to-time [https://www.claims.bosch-homecomfort.us], and to the extent necessary for the provision of the Services . Home Comfort shall keep any Customer personal data confidential and may not share such personal data without prior written consent of Customer except with Home Comfort's service providers and/or affiliates or as otherwise required or permitted by applicable laws.

Personal data provided to Home Comfort will be kept by Home Comfort in the United States and Germany, and will be accessible to Bosch affiliated entities, service providers, vendors, consultants, suppliers, licensors, partners and other partners and entities performing work on Bosch's behalf, and relevant authorities in accordance with, and as Bosch deems required, necessary and/or appropriate by, or in connection with, applicable law, regulation, court order or legal process who have a need to access such information for the purposes of performing their duties and services to Home Comfort. Customer understands and agrees that Home Comfort may transfer, store or otherwise process personal data outside the country where Customer is located, and accordingly, any personal data contained therein may be accessible to courts, law enforcement and national authorities in other countries.

Customer represents and warrants that all personal data Customer provides to or is provided on behalf of Customer to Home Comfort hereunder (a) is owned by Customer or Customer has the right to provide such data to Home Comfort for use by Home Comfort in connection with the Website or the Services; and (b) Home Comfort's authorized processing of such data does not and will not violate or infringe any applicable privacy or data protection laws or regulations. Without limiting the above, prior to providing any personal data regarding a third party to Home Comfort, Customer shall: (1) take reasonable steps to confirm the accuracy of such data; and (2) provide all required notices to, and obtain all required consents from such third party in accordance with applicable privacy and data protection laws and any relevant regulatory guidance. Customer shall keep appropriate records of such notice(s) and consents, and shall provide evidence of such notices and consents to Home Comfort promptly, upon request.

Customer may contact Home Comfort's Privacy Notice Administrator at 888-432-6724 or email at privacy.policy@us.bosch.com in order to: (1) access or rectify personal data held by Home Comfort, subject to certain requirements and restrictions; (2) ask questions about the collection, use or disclosure of personal data held by Home Comfort, including questions about the collection, use, disclosure or storage of personal data by Home Comfort's service Home Comforts (and affiliates) outside the country where Customer is located; or (3) if Customer is located in Canada, to obtain written information about Home Comfort's policies and practices with respect to service Home Comforts (and affiliates) outside Canada:

Robert Bosch LLC
Privacy Policy Administrator
38000 Hills Tech Drive
Farmington Hills, MI 48331

Third Party Website Links and Referrals.

The Website may (i) contain links to other web sites that are operated by third parties; (ii) integrate or be provided in connection with third-party services or content ; and (iii) contain referrals to third party vendors (collectively “Third-Party Services or Content”). Home Comfort does not control such Third-Party Services and Content, and Home Comfort includes or provides these Third-Party Services or Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Services or Content. Your use of these Third-Party Services or Content is at your own risk. You should read the terms of use agreements and privacy policies, if any, that apply to such Third-Party Services or Content.

Ownership and Intellectual Property.

Home Comfort Property. You acknowledge that all right, title and interest in, to and associated with intellectual property rights, including without limitation registered and unregistered copyrights, patents, trademarks, and trade secrets, in the Website and Services, including any Content (as defined below) forming any part of the Website or Services, are owned by Home Comfort or its affiliates or licensors. Your possession, access, and use of the Website and the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Home Comfort and its affiliates and licensors reserve all rights not explicitly granted in these Terms. You may not use the Content of the Website and/or the Services in any other public or commercial way, nor may you copy or incorporate any of the Content of the Website into any other work, unless written authorization is provided to you by Home Comfort.

For the purposes of this section, the term “Content” means all materials and content including designs, editorials, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work, as well as source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of the Website. The Website may link to or otherwise make available Content from third parties (collectively, “Third Party Content”). That Third Party Content is theirs and not yours, and may be governed by terms and conditions applicable to Third Party Content. Nothing in your use of the Website or these Terms grants you any right, title or interest in, or ownership of Third Party Content except for the limited right to use the Website as set out herein.

Trademarks. Unless otherwise specified, all trademarks on the Website, as well as all other Home Comfort websites, are protected under trademark law. This applies to all Home Comfort trademarks, service marks, typefaces, company designs, logos, slogans, trade dress and emblems (collectively, “Marks”). You agree not to copy, use or otherwise infringe upon these Marks and design elements. Home Comfort websites may also contain other product, service and/or company names which may be the trademarks of their respective owners.

Copyright - The Website and all our Content is owned and copyrighted by Home Comfort and/or its licensors, and is licensed to you in accordance with these Terms only.

Other intellectual property rights. Please note that any Content, product or processor technology described in the materials on this Website may be the subject of other intellectual property rights reserved by Home Comfort and are not licensed hereunder. Trademarks of third parties are identified wherever possible and Home Comfort acknowledges their rights.

You may not reproduce, sell, publish, distribute, modify, display, or make any part of this Website or the Marks available to any third party, including as part of another website whether by hyperlink framing on the internet or otherwise without the express written consent of Home Comfort. Home Comfort will not be held liable in any way to you or to any third party or to any other person who may receive Content from the Website for any delays, inaccuracies, errors or omissions in such Content or in the transmission or failure to transmit all or any part thereof or for any damages arising from any of the foregoing.

This Website and its Content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party, or to distribute any database containing all or a part of this Website or the Content.

Indemnification.

You agree to defend, indemnify and hold Home Comfort and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneysd' fees) made by any third party due to or arising out of (i) your use of the Website, (ii) your violation of these Terms, and (iii) your violation of any law or the rights of any third party. Home Comfort reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Home Comfort and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Home Comfortd's prior written consent. Home Comfort will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Malfunction Claims.

Following a Service or Website malfunction or error notification by Customer, Home Comfort will use commercially reasonable efforts to cure such defect within three (3) business days of receipt of such notification by Customer. Any potential damage claims arising from or in connection with the Services shall be governed by this Section.

Warranties, Disclaimers and Limitation of Liability.

SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES AND THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND HOME COMFORT MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE SERVICES AND/OR THE WEBSITE. HOME COMFORT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. ADDITIONALLY, HOME COMFORT DOES NOT WARRANT THAT THE SERVICES OR THE WEBSITE WILL MEET ANY CUSTOMER REQUIREMENTS OR THAT THE SERVICE OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. HOME COMFORT DOES NOT WARRANT THAT THE USE OF SERVICES OR THE WEBSITE WILL NOT BE IMPAIRED BY DOWNTIME, MAINTENANCE ACTIVITIES, FURTHER DEVELOPMENTS, UPDATES AND UPGRADES OR MALFUNCTIONS.

HOME COMFORT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR ANY OTHER CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES), ARISING OUT OF ANY USE OF THE WEBSITE, THE SERVICE(S) OR ANY PERFORMANCE OF THESE TERMS (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE(S), OR SECURITY BREACHES RELATED TO THE SERVICE(S)) EVEN IF HOME COMFORT HAS BEEN EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, HOME COMFORTd'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED $100,000 CAD. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES, WILL HOME COMFORT, OUR SUBSIDIARIES, OUR AFFILIIATES, OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, RESELLERS OR DISTRIBUTORS BE LIABLE TO YOU FOR DAMAGES GREATER THAN THIS AMOUNT.

UNAUTHORIZED ACTS BY CUSTOMER.

Without limiting the generality of anything else contained in these Terms, Customer agrees that it will not, in connection with the Website and Services, directly or indirectly do or permit any of the following:

  • post, upload, reproduce, distribute or otherwise transmit any content that is defamatory, infringing, or unlawful;
  • impersonate or falsely represent your association with any person, including a representative of ours;
  • to obtain access to non-public areas of the Service or to the technical systems on which the Service is based;
  • rent, lease, sell, lend, assign, publish, transfer, sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any purposes, other than as explicitly allowed by the Terms, any portion of, use of or access to, all of or any feature or part of the Website or Services;
  • utilize robots, spiders, scrapers or other similar data collection or extraction tools, to utilize programs, algorithms or methods to search, access, acquire, copy, or monitor the Service;
  • knowingly send Customer Data with viruses, worms, trojans or other infected or harmful components, or to otherwise interfere in the proper functioning of the Service;
  • decrypt, decompile, disassemble, reconstruct or to otherwise attempt to discover the source code, any software or proprietary algorithms used, except as permitted under mandatory applicable laws;
  • test, scan, or examine the vulnerability of the Service, or intentionally utilize devices, software or routines which have a disruptive effect on the Service, functions or usability of the Service or willfully destroy other data, systems or communications, generate excessive load, or harmfully interfere, fraudulently intercept or capture.
CHANGES OF THE SERVICE AND THE TERMS.

Home Comfort reserves the right to modify Services, to make new Services available, and to discontinue the provision the Services at any time in its sole discretion.

Home Comfort may change these Terms in its sole discretion at any time. Home Comfort will notify Customer of any such change by email no later than 30 calendar days prior to the planned effective date of such change insofar as the changes concern a material restriction in the usability or functionality of the Services, the Website or any material change to these Terms. If Customer does not object within thirty (30) days of receipt of such notification and continues to use the Service and/or the Website after expiration of such thirty (30) day period, then the changes shall be deemed accepted by Customer. In the event of an objection by Customer, the contractual relationship shall be continued subject to the conditions applying herein, and Home Comfort may terminate the contractual relationship subject to a one (1) month notice to Customer. Home Comfort will advise Customer of its right to object and of the consequences such objection in the change notification.

Governing Law and Exclusive Venue.

IF YOU ARE A QUEBEC CONSUMER, THIS SECTION DOES NOT APPLY TO YOU AND YOU SHOULD REFER TO THE QUEBEC CONSUMER PROTECTION ACT TO REVIEW YOUR RIGHTS

These Terms and all disputes between you and Home Comfort arising out of or relating to the Website or the Services shall be governed by and construed in accordance with the laws of the Province of Ontario, except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply.

No Assignment.

These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Home Comfort without restriction. Any attempted assignment by you will be null and void.

Force Majeure.

Any delay in the availability of the Services or the Website, or non-performance of the Services or the Website shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service Home Comforts, labor strike or walk-out, act of God, or any other event beyond the reasonable control of Home Comfort or its service Home Comforts.)

Governing Law/Arbitration.

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING JURISDICTION PROVISION DOES NOT APPLY.

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflicts of law's provisions; and (ii) you consent to exclusive jurisdiction in the courts of the Province of Ontario.

These Terms and all disputes between the parties arising out of or related thereto or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution Canada (“ICDR Canada”) in accordance with its Canadian Arbitration Rules provided that the foregoing shall not prevent any Party from seeking interim injunctive relief in a court of competent jurisdiction., Claims shall be heard by a panel of three arbitrators.

Within thirty (30) days after the commencement of arbitration, each Party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by ICDR Canada. The legal seat of arbitration and venue for hearings will be Toronto, Ontario. The language of the arbitration shall be English. The arbitration award shall be by a written decision containing findings of fact and conclusions of law, shall be final and binding and may be enforced by any court of competent jurisdiction. Each party shall bear its own legal costs and shall bear half the costs of arbitration subject to the arbitrator's jurisdiction to award legal and arbitration costs in the event of a finding that a party advanced a claim or defense that was frivolous or vexatious. In no case shall the arbitrators be authorized to award costs and damages otherwise prohibited herein.

The parties undertake to keep confidential all awards in the arbitration, together with all materials in the arbitration created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a state court or other legal authority (in which case the party bring such proceedings shall seek to do so under seal to the extent permitted by law). The parties shall seek the same undertaking of confidentiality from all those that it involves in the arbitration, including but not limited to any authorized representative, witness of fact, expert or service provider.

Notices.

You agree that we may provide notices to you of changes to these Terms and/or our Privacy Policy, in one or more of the following ways: (a) a pop-up notice, web banner, push notification or other notification on or through the Website; or (b) an email or regular mail sent to an address you provide.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 1-800-283-3783 or email us at warranty_returns@us.bosch.com.

© Copyright 2023 Home Comfort Thermotechnology Corp.

All Rights Reserved.