General Terms & Conditions
Rules on services that qualify as intermediary services within the meaning of the Digital Services Act, including deletion/blocking of content and user access, other measures, termination

Mercedes-Benz UK Limited (the “Provider”) may provide individual services and functions that are subject to the provisions of the Digital Service Act (DSA) as intermediary services. This applies, for example, to services and functions in which information provided by customers or third parties ("User") is stored and/or publicly disseminated on their behalf. In this case, the following provisions apply.

1   The Provider reserves the right to block the User or take other appropriate measures if there are signs of misuse of the respective services or functions or use that violates the provisions of these General Terms and Conditions. In particular, use shall be deemed abusive if the User uses the services and functions or information provided therein outside the intended purposes of use, uses them for illegal purposes or purposes that violate the rights of the Provider, other users or third parties, or uses them in non-compliance with other policies provided by the Provider.

User warrants that all information provided to the Provider and other users will be true and complete at all times and in compliance with all legal requirements and applicable contractual provisions. User undertakes to promptly inform the Provider without delay of any material changes to the information provided to the Provider that are relevant to the contractual or usage relationship.

2   In particular, such services and functions may not be used to disseminate information that fulfils the following criteria:

racist, inhuman slogans; provision of false or otherwise incorrect information; information that is offensive, abusive, harassing, hateful, obscene, threatening or otherwise objectionable; information that violates legal requirements or does not sufficiently comply with or implement applicable requirements (e.g. in the case of labelling or transparency obligations); information whose provision or dissemination constitutes a criminal offence or an administrative offence.

3   The Provider provides the ability for Users and third parties to report the existence of individual information in a service or function subject to the Digital Services Act that the User or third party concerned considers to be illegal content. Further information and details of the relevant contact points can be found in the Complaints Form. If the report contains the electronic contact details of the reporting person or organisation, a confirmation of receipt will be sent. In this case, the Provider will immediately inform the person or organisation concerned of the relevant decision regarding the reported information and indicate the possible legal remedies against this decision.

4   If any information provided by a User violates the provisions of this Section and the Provider becomes aware of this (e.g. through a report from another user or other third party), the Provider reserves the right to immediately block or delete the corresponding content (even temporarily if necessary) and to take all other deemed necessary steps.

5   Where necessary or appropriate, the following measures will be taken, possibly cumulatively, depending on the severity, frequency and number of the offence(s):
     (i)     temporary or permanent deletion of corresponding content;
     (ii)     temporary blocking of the respective service or function for the respective User in connection with which the respective violation has occurred; depending on the severity, frequency and number of the violation(s), the User’s ability to use the respective service or function may remain blocked for a period of up to 6 months, or such other period as the Provider considers reasonably necessary.;
     (iii)     in the case of particularly serious violations, the permanent blocking of the respective service or function for the respective User in connection with which the General Terms and Conditions have been violated, if the continued provision is not reasonable for the Provider after weighing up the interests of both parties;
     (iv)     temporary blocking of the User account or User access to the entire range of services, if this is necessary due to the type, severity, frequency and number of the offence(s); the blocking shall take place depending on the type, severity, frequency and number of the offence(s) for a period of up to 6 months, or such other period as the Provider considers reasonably necessary;
     (v)     in the case of particularly serious violations, if necessary, the permanent blocking of access to the entire range of services if the continued provision is not reasonable for the Provider, taking into account the interests of both parties, including the inclusion of access data, in particular the e-mail address provided and other master data for identifying Users, on a blacklist with the consequence that new access to use or content cannot be created.

6   Any  obligations to pay fees for chargeable services and functions remain unaffected by the measures taken in accordance with 5.

7   In cases of section 5 (v), the Provider shall have, at its sole discretion, the right to terminate any existing contractual relationship with the User.
8   The User will be informed of the Provider's decision and intended enforcement action(s) following receipt of a report that the respective User is in violation of these General Terms and Conditions and will be given the opportunity to respond. On receipt of the User’s response, the Provider will review the decision again and make a final decision on the appropriate action to be taken. Depending on the case, the moderation measures mentioned in section 5 may continue to be used. The User will receive a written notification informing them of the moderation decision made, and a justification for the decision. This decision shall be final and the User shall have no further right of appeal.

9   Complaints against or enquiries about moderation decisions, including decisions pursuant to Section 8, may be submitted via our Complaints Form for a period of six months after a moderation decision has been notified to the User. The day on which the User or other persons or organisations is/are informed of a moderation decision shall be deemed the start of the aforementioned period for submitting complaints. When submitting a complaint, the User should give full details of the moderation decision concerned, including the decision date, subject and/or file number. The Provider will confirm receipt of allcomplaints and endeavors to process all complaints promptly. The Provider shall immediately communicate a reasoned decision and indicate the possibility of out-of-court dispute resolution and other available legal remedies.