Update Date: 01/10/2022
This SANYANG (SYM) European Service Portal (hereinafter referred to as “the Company”, “SYM”, “SYM Portal”, "we", "our", or “us”) is solely intended and designed for professional independent operators that need technical information for repairing and maintaining SYM products put on the market within the EEA by us. Please be sure to read the following terms and conditions before using this SYM portal.
If you click "Agree", it means that you have read, understood and agreed to abide by the following terms, and represent and warrant that you have the full legal authority to enter into these Terms and Conditions on behalf of your organization (i.e. professional independent operators) that will also be bound by these Terms and Conditions. We may amend these Terms and Conditions from time to time. Please read these Terms and Conditions carefully before using the SYM portal.
1. Creating an Account
You will need to register as a member by creating an Account and provide some information, such as the name of your organization, your name and email address. Your registration will not be completed until you receive an approved notice that we will send to your email account. After accessing your account, you need to key in a valid VIN (Frame) number and a corresponding Engine number to online view technical information. Also, you could buy technical information via international remit. After confirming, we will email what you buy in an electronic file to you and each electronic file will remain available until it expires (valid time depends on how long you purchased). You will not create more than one Account. You will not transfer or sell your Account.
2. Content of the SYM Portal for user
SYM provides the users specified in § 4. below with technical information, in particular information and applications (hereinafter referred to as "content") for the professional maintenance and repair of motorcycles manufactured by the SYM.
3. Conclusion of the contract
3.1 With the licensing of a user by SYM to use the SYM European Service Portal, a contractual relationship between SYM and the user regarding access and use of the content provided via the SYM Portal in accordance with these Terms of Use is concluded.
3.2 The information is requested, depending on the nature and scope of the information, either free of charge or for a fee, according to the price list provided via the SYM Portal (including the tariffs and terms of payment contained and all payments are made in euros).
3.3 SYM expressly reserves the right to make unilateral changes to the Terms of Use. The latest version of these Terms of Use can be viewed, saved, and printed out at SYM Portal at any time.
3.4 Every user and every individual who logs in to the SYM Portal confirms compliance with the agreement(s) governing the relationship between the SYM and the user ("governing agreement"). It is the responsibility of every individual who logs in to the SYM Portal to familiarize themselves with such a contract between the SYM and the user with whose access account this person uses the SYM Portal. If a governing agreement exists between the SYM and the user, the contractual relationship between the SYM and the user is governed by the governing agreement and these Terms of Use.
4. License
4.1 Users are entitled to a license on type approval of motor vehicles with respect to emissions (Euro 4 and Euro 5) and access to repair and maintenance information for motor vehicles and/or motorcycles.
4.2 In order to obtain a license to the SYM Portal, the user or an authorized representative must complete the license application fully and send it to SYM. The person submitting the license application for the user will be registered as the legal representative of the user and is liable for any infringement of these Terms of Use.
4.3 On receipt of the license confirmation and activation by SYM, the user can log in to the SYM Portal.
4.4 Only one license per user is possible. Dissemination of the license details to third parties is not permitted.
4.5 The user is obliged to keep the data provided within the scope of the license up to date and to update it immediately if necessary and to regularly change the passwords of these accounts to prevent misuse.
4.6 The license gives the user a non-exclusive, personal and non-transferable end user license to access the content for the duration of the license.
5. User Fee
5.1 The SYM Portal provides each authorized user with two ways to obtain technical information, the first one: free online view; the second one (under planning): purchase electronic files with a valid time limit according to your choice. For details please refer to the price list for selections and payment methods and requirements. All fees are exclusive of any applicable VAT.
5.2 The following information is free and available online: Owner's Manual (content contains model name, Periodic Maintenance Schedule, how to use), and Service Manual (content contains model name, technical information, electrical Diagram, Diagnostic Trouble Code).
5.3 Periodic technical inspection information is for online view only.
5.4 We may change price list including the fee and validity period from time to time.
5.5 The compensation is regardless of performance. Even if the use of paid content does not result in success for the user, any paid fees are not refundable.
6. Use of content provided
6.1 Unless prior written agreement from the SYM is obtained, the user shall only use the content provided for professional performance of maintenance and repair of vehicles and motorcycles manufactured by the SYM or their affiliated company and/or distributed under the SYM’s brand and within the context of the user's organization and shall not disseminate it to third parties (including outlets and workshops within the user's own network of organizations or workshops) or use, save, publish or reproduce it in any other way without the prior written consent of SYM.
6.2 The governing agreement can contain additional content usage restrictions depending on the field of activity of the user.
6.3 Automatic reading out e.g. using bots, crawlers, or other machine reading out is strictly prohibited.
6.4 The user is not authorized to recreate, decompile or break down information, in particular the content, available on the SYM Portal.
6.5 The user is not authorized to sell or offer to sell license, or transfer information, in particular the content available on the SYM Portal.
6.6 SYM is authorized to block the access temporarily for legitimate interest reasons (such as the user's data being incorrect, or unauthorized use by the user's access).
6.7 In case of locking, SYM will inform the user by email. The user commits themselves - to the exclusion of the plea of connection with any previous contravention - to pay for each case of unauthorized use of content SYM may claim damages.
7. Intellectual property right
The SYM European Service Portal, including any Content, are protected by intellectual property rights, and is only licensed to you for your Subscription Term, and not sold, under the Terms and Conditions. All intellectual property rights in the SYM Portal and any Content remain with us or our licensors, including any modifications, corrections, adaptations or translations thereof. You may only use the SYM Portal and any Content for your own professional repairer's use in order to repair and maintain our products we put on the market within the EEA and not for any other commercial purposes, and you may not reproduce, modify, transmit, license or publish it, in whole or in part, for any purpose without our prior written consent, unless for your own viewing.
8. Safety information
The purpose of the content provided is in particular the professional execution of maintenance and repair work. To be able to carry out the aforementioned work, it is essential that the worker in question has completed his/her vocational training as a motor mechanic/fitter and has undergone regular further training as well as system-specific training. If the information provided refers to the use of special tools, these are absolutely necessary for professional execution of work.
9. Liability
9.1 You expressly agree that any access and use of the SYM Portal, including any paid electronic files, is at your sole risk. We are not responsible or liable, on whatever ground, for any damages or other consequences related to or resulting from your use of, or inability to (properly) use, (parts of) the SYM portal, including any Content, our failure to perform these Terms of Use, or shortcomings of any third party. The Content published on the SYM Portal is intended and made available only to users of the Content who have the necessary professional and technical skills, knowledge, and qualifications, as well as the necessary equipment and tools. Specific repair or maintenance operations must be performed with the appropriate specified equipment and tools, and replacement parts or components. Any repair or maintenance operation undertaken by any user of the technical information of the SYM Portal on the basis of, as a result of, or in connection with the Content, including any technical information, published on or via the SYM Portal is performed under the sole responsibility of the such user. We cannot be held liable for any bodily injury, damage to property, loss, expenses, any other damage, or any infringement of any laws or regulations, as a result of any such repair or maintenance operation.
9.2 SYM cannot guarantee that the SYM Portal can be accessed at any time and for an unlimited period of time. Scheduled maintenance usually is on Taiwan’s weekends. SYM shall not be liable for any system failure and consequential loss of any kind (including, but not limited to, loss of business profits, business interruption, loss of business or other loss of property).
10. Term and termination
10.1 Unless otherwise aspecified in the governing agreement, the contractual relationship is concluded for an indefinite period.
10.2 The user no longer belongs to the group of persons entitled to a license and use according to § 4, the contractual relationship will expire automatically.
10.3 Notwithstanding any other provisions in these Terms of Use, we are at all times at our sole discretion and without any written prior notice or reason entitled to temporarily or permanently terminate your account via email with immediate effect, without any liability to you or any third party.
10.4 Following termination of the contractual relationship, the user is obliged to delete or physically destroy all copies of content and other information which was accessed via the SYM Portal. We can request a written confirmation of this from the user. Following termination of the contractual relationship, the user is also prohibited from further using all information they received via the SYM Portal.
11. Applicable law and disputes
These Terms of Use are governed in accordance with the laws of R.O.C. All disputes, claims or any other cause of action arising out of or relating to the Terms of Use/or your access or use of SYM Portal, including any viewed or paid Content, shall be resolved by jurisdiction of the Hsinchu District Court .
12. Data protection
The user handles the personal data provided to them on the SYM Portal as a responsible person in terms of the relevant data protection law and is solely responsible for adhering to the respectively valid data protection regulations.