Indonesia

Nutzungsbedingungen

1 General information

These Terms of Use govern the granting of rights of use to the mobile applications developed by BASF SE, 67056 Ludwigshafen, Germany ("BASF") and made available via the Apple App Store / Google Play Store ("BASF Apps"). These Terms of Use therefore form part of all agreements between BASF and a user who wishes to download and use the BASF Apps on a suitable terminal ("User") for the use of the BASF Apps offered by BASF via the Apple App Store / Google Play Store, unless and to the extent otherwise agreed in an individual agreement.

2 License for using the BASF HRdirect App

2.1 General information

The use of the BASF HRdirect App, which the user wishes to download via the Apple App Store / Google Play Store, requires the prior consent of the user to these Terms of Use. The user is aware that, in addition to these BASF Terms of Use, other terms of use of the Apple App Store / Google Play Store / App Store operator may have priority, over which BASF has no control and for which BASF therefore assumes no responsibility.

Downloading the BASF HRdirect App requires suitable terminal devices and Internet access, which may result in costs for the connection to the Apple App Store / Google Play Store.

2.2 Maintenance and support of the BASF HRdirect App

BASF is not obliged to update the BASF HRdirect App and/or offer regular updates and/or upgrades. However, if BASF provides updates and/or upgrades to the BASF HRdirect App for download, the user is obliged to install them in order to obtain the most up-to-date information possible. Otherwise BASF cannot guarantee that the BASF HRdirect App will function properly or that the information provided is up-to-date. Should the user not install an update and/or upgrade provided, but nevertheless continue to use the old version of the BASF HRdirect App, he thereby waives any claims for defects and damages to which he is entitled.

2.3 Intellectual Property, Trademarks

The BASF HRdirect App, graphics, film clips, diagrams, photos and illustrations, user interfaces, audio clips and editorial content contain proprietary content and materials of BASF or third parties. All rights thereto are owned by BASF or third parties. This also applies if the user modifies the BASF HRdirect App or connects it to his own programs or those of a third party. If and to the extent that contents of the BASF HRdirect App contain intellectual property of third parties, it is warranted that BASF has duly acquired such intellectual property from third parties and is entitled to use and further license it within the framework of a BASF HRdirect App. The user is not entitled to use such protected content or materials in any way, except for the intended use of the BASF HRdirect App in accordance with these Terms of Use.

The word mark "BASF", the BASF logo and other marks used in connection with the BASF HRdirect App are used or registered trademarks of BASF. Other trademarks used in connection with the BASF HRdirect App may be the trademarks of other rights holders. BASF reserves all rights in and to the BASF HRdirect App not expressly granted to the User under these Terms of Use. Consequently, the user is not granted any rights or licenses with respect to the aforementioned trademarks and their use within the framework of the BASF HRdirect App.

2.4 Third Party Websites, Disclaimer of Liability

The BASF HRdirect App may contain hyperlinks to websites of third parties. BASF does not endorse these third-party websites or their content. The respective provider or operator of the linked sites is always responsible for their content. The linked sites were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. A permanent control of the contents of the linked pages is not reasonable without concrete evidence of an infringement. BASF will remove such links immediately upon becoming aware of such violations. Furthermore, BASF is not responsible for the availability of these websites or their contents. The use of hyperlinks to these websites is at the user's own risk. In this context, BASF shall not be liable for any damages arising out of or in connection with the use of third-party websites. The use of links to third-party websites is therefore at the user's own risk.

2.5 Rights of use

a. Scope of License Subject to the User's acceptance of and compliance with these Terms of Use, BASF hereby grants the User a free, non-exclusive and non-transferable, perpetual right of use ("License") for the BASF HRdirect App for the intended use of the BASF HRdirect App and to the extent required for this purpose on any number / on a suitable terminal device(s).

About the scope of §§ 69c ff. Copyright Act, the user may not copy, decompile, reverse engineer, disassemble or attempt to obtain the source code of the BASF HRdirect App, not edit the BASF HRdirect App or create derivative works from the BASF HRdirect App(unless and to the extent any of the foregoing restrictions is prohibited by applicable law or the license terms governing the use of an open source component as part of the BASF HRdirect App permit).

Except as otherwise provided in these Terms of Use, the User may not distribute the BASF HRdirect App or make it available over a network over which it can be used by multiple devices at the same time. The user may not rent, loan, sell, transfer, redistribute or sublicense the BASF HRdirect App. If the user sells the terminal on which he downloaded the BASF HRdirect App to a third party, the user must remove the BASF HRdirect App from the device before selling it.

The provisions of these Terms of Use shall also apply to any updates and/or upgrades provided by BASF that replace or supplement the original BASF HRdirect App, unless such update and/or upgrade is subject to a separate Terms of Use. In this case, the update and/or upgrade will be subject to the terms of the separate Terms of Use.

b. Export Control The User may not use or otherwise export or re-export the BASF HRdirect App, except as permitted by the laws of the United States and the laws of the country in which the BASF HRdirect App was acquired. In particular, the BASF HRdirect App may not be exported or re-exported (a) to embargoed U.S. countries or (b) to persons on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Department of Commerce's Denied Persons or Denied Entity list. By using the BASF HRdirect App, the user warrants that he or she is not located in any of these countries and is not on any of these lists. The user shall not use the BASF HRdirect App for any purpose prohibited by U.S. law, including but not limited to developing, designing, manufacturing or producing nuclear, missile, chemical or biological weapons.

2.6 Open Source Components

The BASF HRdirect App contains third-party open source components that are subject to the terms and conditions for their use that apply in addition to the terms of this Agreement. The open source components used in the BASF HRdirect App are the following:

  • Hammer.js: https://hammerjs.github.io/
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • Lodash: https://lodash.com/
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • Webpack: https://webpack.js.org/
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • Handlebars: https://handlebarsjs.com/
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • Modernizr: https://modernizr.com/
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • PureMVC: http://puremvc.org/
    BSD-3-Clause https://opensource.org/licenses/BSD-3-Clause

  • Moment.js: https://momentjs.com/
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • Cordova: https://cordova.apache.org/
    Apache License 2.0: https://github.com/apache/cordova-android/blob/master/LICENSE

  • i18next: https://www.i18next.com/
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • jQuery: https://jquery.com/
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • Bootstrap: https://getbootstrap.com/
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • Riot Router: https://github.com/riot/route
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

  • EaselJS: https://www.createjs.com/easeljs
    MIT https://de.wikipedia.org/wiki/MIT-Lizenz

The user undertakes to comply with the above-mentioned additional conditions with regard to the open source components. In the event of any conflict between the provisions of these Terms of Use for BASF Apps and the relevant provisions of the Open Source Components, the provisions of the Open Source Components shall prevail with respect to the Open Source Components.

The open source components are - irrespective of the other components of the BASF HRdirect App - provided to the user as a gift.

The user acknowledges that BASF does not assume any liability of its own for such damages caused by the Open Source component. With regard to any claims regarding liability and warranty, reference is made to the aforementioned Open Source regulations.

2.7 Data Protection

Since data protection is a high priority within BASF, BASF strictly adheres to the legal requirements, in particular the Basic Data Protection Ordinance, when collecting, using and processing personal data. If BASF, as the data controller, is not specifically informed about the processing of personal data, you can obtain this information at basf.com/datenschutz-eu.

2.8 Termination, loss of rights of use

The license is valid until terminated by the user or BASF. Both the user and BASF are entitled to terminate the license at any time. The user may terminate his legal agreement with BASF at any time for any reason by deactivating/deleting the app from his terminal and discontinuing use of the services.

The rights of use granted under these Terms of Use expire in the event of termination, so that the user is no longer entitled to use the BASF HRdirect App. After termination of the license, the user must discontinue any use of the BASF HRdirect App and destroy all copies, whether complete or partial, of the BASF HRdirect App.

2.9 Third Party Intellectual Property Rights

BASF warrants that the BASF HRdirect App is free from rights of third parties that restrict or exclude use in accordance with these Terms of Use. If the contractual use is impaired by third-party intellectual property rights, BASF has the right either to modify the BASF HRdirect App in such a way that the impairment no longer applies or to obtain the authorization that the BASF HRdirect App can be used without restriction and without additional costs for the user in accordance with the Terms of Use.

BASF's liability with respect to third party intellectual property rights is in any case limited to the BASF HRdirect App and does not extend to third party software required for the functionality of the BASF HRdirect App.

In any case, the user is obliged to inform BASF immediately in writing if the violation of industrial property rights of third parties is asserted against the user.

2.10 Warranty

The user shall only be entitled to warranty claims for defects of the BASF HRdirect App if BASF has fraudulently concealed such defects.

2.11 Limitation of liability

BASF provides the BASF HRdirect App with reasonable care and only "as is". BASF makes no representations or warranties with respect to the BASF HRdirect App. In particular, the user himself is responsible for making backups of his system including the BASF HRdirect App. BASF is liable for damages caused by or as a result of the use of the BASF HRdirect App only in cases of intent and gross negligence.

2.12 Statute of limitations

Any claims for damages and reimbursement of expenses on the part of the user shall expire one (1) year after the installation of the BASF HRdirect App. The limitation period shall not apply if BASF has fraudulently concealed the defect or is compulsorily liable for other statutory reasons.

2.13 Changes to the contents of the BASF HRdirect App

BASF reserves the right to change or modify the services offered in the BASF App or to offer different services, unless this is unreasonable for the user (e.g. if and to the extent that the user has received certain services against payment).

In addition, BASF reserves the right to change or modify the services offered in the BASF Apps or to offer different services,

(a) to the extent that BASF is obligated to establish compliance of the functionalities offered by BASF with the law applicable to the Services, in particular if the applicable legal situation changes;

(b) to the extent that BASF thereby complies with a court judgment against BASF or an administrative decision;

(c) insofar as the respective amendment is necessary to close existing security gaps;

(d) if the change is only beneficial to the user; or

(e) if the change is of a purely technical or procedural nature and has no material effect on the user.

Changes with only an insignificant influence on the functions of the BASF HRdirect Appdo not constitute changes in performance within the meaning of this Section. This applies in particular to changes of a purely graphic nature and the mere modification of the arrangement of functions.

2.14 Changes to these Terms of Use

BASF reserves the right to change these Terms of Use at any time with respect to equivalence issues or loopholes and to subject the User's use of the BASF HRdirect App to new or additional Terms of Use, provided that the above changes expressly do not relate to the content of the services provided by BASF through the BASF HRdirect App. Such changes and the reasons for such changes will be notified to the user, will take effect immediately upon acceptance and are then incorporated into these Terms of Use. If the user does not object to these changes within ten (10) calendar days after their notification, the user's consent is presumed.

In the event that the User does not accept the changes, BASF may terminate this Agreement with the User. If the user does not expressly accept the changes, but nevertheless continues to use the BASF HRdirect App, this shall be deemed tacit acceptance of the changes.

3 Special product information, further terms of use

3.1 Use

In principle, the BASF HRdirect App is open to all BASF employees and certain contractors ("users") for voluntary use, provided that this does not impair operational interests. For users of BASF SE, the use of the BASF HRdirect App is considered an "event with own contribution" within the meaning of BV 75 3.1. Specifically, the use of this App during working hours applies:

- at the workplace: No second economy deregistration is required.

- Outside the workplace, in particular at home: There is no time credit; unless there is an agreement between employee and manager on mobile work within the meaning of BV 31.

Use outside working hours does not constitute working hours and there is no time credit.

The employee is responsible for the correctness of the transferred data. A change to the recorded data is traceable and is only used for validation purposes.

Furthermore, labour law and contractual obligations, e.g. concerning the secrecy of company information, remain unaffected.

3.2 Authentication and Password Reset

By differentiating the access path for BASF devices or private mobile devices, content is protected from unauthorized access. In order to launch the BASF HRdirect App, BASF users need a one-time authentication. In the registration process, the user is instructed to authenticate once at a BASF computer with a smart card and scan the corresponding QR code with BASF HRdirect. For registration, the user is requested to use his BASF User ID and password (see BASF HR Kiosk). The user name and password cannot be reset via the app. This app stores personal data, which is encrypted and only visible after authentication.

3.3 Setting and Personalization

If the user selects his desired device language, texts and video are stored locally on his terminal device. Language settings can be changed by the user at any time. The BASF HRdirect App is available in German and English. In the settings, the user can make individual changes.

3.4 Support

If you have any questions about the BASF HRdirect App, HRdirect Europe or regional shared services are available for BASF users at the Ludwigshafen site and for employees outside the Ludwigshafen site.

4 Miscellaneous

These Terms of Use constitute the entire agreement between the user and BASF. These Terms of Use supersede any prior agreements between the User and BASF.

Should individual provisions of these Terms of Use be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. BASF and the User shall replace any invalid or unenforceable provision with a valid provision that comes as close as possible to the invalid or unenforceable provision, unless a supplementary interpretation of the contract takes precedence or is possible.

BASF's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. BASF shall not be responsible for any failure to perform any obligation for reasons not attributable to BASF.

These Terms of Use and the use of the BASF HRdirect App shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods dated April 11, 1980 ("CISG") and the German conflict of laws rules.