- for the use of the online platform and services of
- TB Unterfrauner GmbH
- Vienna Commercial Court, FN 430626z
- Erdbergstraße 10/33, 1030 Wien
- E-Mail: firstname.lastname@example.org
General terms and conditions of use (TOC)
The following general terms and conditions of use (TOC) apply to all user interactions and business relations, between the user on the one side and the TB Unterfrauner GmbH (in the following shortened with „SB“ for „SOILBOOK“) on the other side, with the use of the online platform and services of „ SOILBOOK “ (in the following: platform). The valid version of the TOC at the time of use is decisive. Divergent, conflicting or supplementary TOC of the user are not components of the contract, even with knowledge thereof; unless SB has explicitly agreed to its validity in writing. SB hereby explicitly disagrees with the TOC of the user. The user is informed explicitly about possible changes of the TOC in the future. With the ongoing usage of the services of the platform the user accepts the changes of the TOC.
SB is providing its users „ SOILBOOK “, which is a platform to keep information about soil profiles and surrounding images retrievable. The goal of SB is to present the variety of soils to the interested user.
The entered information comes from the users. SB is solely in the role of the technical disseminator/host, who does not intervene with the distributed content of the users. The user’s content is not monitored or checked for its validity. The respective user is responsible for his content. According to § 16 section 1 ECG a responsibility of SB can only occur if SB has knowledge of content with legal violations and does not delete/block this content immediately.
The use of the platform is only permitted personally; the use of automated access tools (like bots, crawlers, spiders etc.) is not allowed. The user is not allowed to use the platform and its outlets for the following measures in particular:
- • Downloading or copying of the whole database or significant parts of it
- • Sale of data
- • Advertising and marketing
- • Networking
- • Sale of goods and services
- • Performing competitions or lotteries
The use of the platform assumes the compliance with the provisions of the law and the consideration of third party rights. Particularly the user has to refrain from the use of the platform and its services
- • to provide a false identity
- • to demand money
- • to negatively impact the lifestyle of third parties (stalking)
- • to execute illegal actions
- • to pass defective or harmful content
- • to disguise advertising measures
- • with the use of automated systems
- • for commercial purposes and
- • for medical or mental counselling (treatment).
3. Ownership of the platform
The platform (with all its content) is in its entirety and in its parts property of SB and protected by copyright.
4. General non-remuneration
The use of the platform is fundamentally free of charge – unless it is stated otherwise. By providing the platform free of charge, no legal claims will derive for the user in the future. SB reserves the right to close the platform at any time, to transfer the platform into a fee-based form, to apply restrictions and limitations or to ban/block a user without giving reasons.
Some functionalities of the platform require a registration. With the registration the user obligatorily declares his contract offer for a registered usage, which can be accepted by SB with the activation of the user account. During the registration the user has to state his personal data accurately, especially his first and last name, his user name and his e-mail address. The user has to agree to the respectively valid TOC. The user has to keep his personal data updated during the ongoing user relationship.
SB reserves the right to reject the contract offer of the user without giving any reasons.
To prevent abusive usage of his account the user has to keep his password secretly and is not allowed to pass his password on to unauthorized persons in any way. The user is not entitled to pass on his account to third parties for usage, in parts or in its entirety, paid or free of charge. If any irregularities occur the user has to inform SB about the disturbances immediately. SB will never request the password from the user outside of the regular sign-in input mask.
6. Fee-based services
If individual services and functionalities of the software are fee-based, the prices (including all taxes and fees) and the conditions are visible on the platform. In this case the billing of using fees or purchase prices is implemented with the payment options given by SB or the payment-provider installed by SB. The using fees or purchase prices are due immediately.
In general (if not stated otherwise) the prices for the using fee are stated as annual fees. In case of the payment of an annual using fee, the due date is the day of the contract conclusion (if not stated otherwise), thus the annual using fee has to be paid in advance. The activation of the usage of fee-based services is implemented with the receipt or the confirmation of the payment. With the activation the fee-based user contract materializes.
7. Right of revocation resp. withdrawal
If the user is a consumer/user according to the KSchG or a consumer/user according to the FAGG, in accordance with § 3 KSchG and § 4 section 1 Z 8 FAGG he is legally entitled to withdraw his contract offer (order), which was submitted by distance selling or outside the business premises of SB resp. (after being accepted (activation) by SB) withdraw from the contract within the conditions of the following comments in reference to the right of revocation. Withdrawal period: The withdrawal has to be carried out within 14 days after the acceptance (activation). Revocation instruction: According to § 3 KSchG and § 4 section 1 Z 8 FAGG SB is instructing the user about the following right of withdrawal:
Right of withdrawal
You have the right to revoke this contract within 14 days, without giving any reasons. The withdrawal period is 14 days starting with the day of the acceptance (activation). In order to carry out your right of withdrawal you have to inform us, TB Unterfrauner GmbH, with its head office in Vienna and the business address 1030 Wien, Erdbergstraße 10/33, email@example.com, with an explicit declaration (e.g. in a letter sent by mail, telefax or e-mail) about your decision to revoke this contract. Therefor you can use the attached revocation form, which is not mandatory.
To ensure full respect of the right of withdrawal it is sufficient to send information about the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract we have to refund all payments that we received from you immediately and at the latest within 14 days, starting with the day we received your information about the revocation of this contract. For this refund we use the same method of payment you used for the initial payment, unless we explicitly agree on a different arrangement. In no case this refund arises any additional costs for you.
The use of the free of charge services is agreed for an indefinite period. A free of charge user relationship concluded for an indefinite period can be terminated by either contracting party subject to a notice period of three days. With fee based user relationships the last date for a termination is the last day of an agreed minimum period of subscription or the end of an advanced payment period. In this case SB reserves the right to end the contract before the last day of an agreed minimum period of subscription¬¬ or the end of an advanced payment period, in return for payment of the remaining (pro rata temporis) using fee.
No legal claims derive in the future from the provision of free of charge services beyond a fixed contract period. SB reserves the right to revoke the use of free of charge services at any time.
After the termination of this contract SB is entitled, but not obligated, to delete the account and the content of the user immediately (in parts and in its entirety). Already granted rights are not touched by the termination of this contract.
SB is providing the services in each case according to the existing technical, economical, operational and organizational capabilities. Therefor SB gives no warranty for possible interruptions, disturbances, delays, deletions, defective transfers, loss of memory or memory failure in connection with the use of the platform. The user recognizes that the platform offered by SB is also provided with the involvement of third party network operators. The availability of the platform is dependent on the technical provision of external services, on which SB has no influence on whatsoever.
SB takes no obligations, to keep the provided services available online at any time without interruption. SB is entitled to stop the services for a reasonable period of time due to internal reasons, e.g. for maintenance activities. The user cannot derive any legal claims out of this situation. In return SB will work towards a quick trouble shooting.
SB solely provides warranty for fee based usages according to the regulations of §§ 922 ff ABGB.
The liability of SB and its institutions, employees, contractors or other agents („people“) basically is limited to intent or gross negligence; the liability for slight negligence is excluded. This exclusion of liability is not valid for damage on people and objects, which SB took over for further processing. If the liability of SB is excluded or restricted this is also valid for the liability of its „people“.
If SB is hosting a competition or a lottery via the platform the following terms of competition and lotteries apply:Employees and agents of SB as well as of the companies involved in the competition are not allowed to participate in the competition/prize draw. SB reserves the right to exclude participants from the competition/prize draw, who are tampering the competition/prize draw or are trying to do so. The winners are determinated after completion of the competition/prize draw and are informed via e-mail. The prize is not transferable to third parties. Cash disbursement as well as the redress through the courts is excluded; the participant bears tax claims resulting from the prize himself.
13. Uploaded or transmitted content
On the platform SB provides tools to its users to enter contents like images, texts, diagrams, videos, etc. („content“) and thereby to publish the content in a forum of interested persons or to submit the content to other users. The particular user is responsible for the content.
Concerning this content SB is solely in the role of the technical disseminator/host, who does not intervene with the distributed content of the users. The content of the users is not monitored. According to § 16 section 1 ECG a responsibility of SB can only occur if SB has knowledge of content with legal violations and does not delete/block this content immediately. Provided that content viewed by the user violates rights or laws, please report to firstname.lastname@example.org or contact us via the contact possibilities on the platform.
For the respective valid legal protection period the user grants SB geographically and factually unlimited, transferrable, non-exclusive exploitation-, usage- and editing rights to the user’s content (but not to the contents of direct communications between the users!) - especially for the purposes to keep the content available or to publish and distribute the content via the platform.
SB is not obligated to keep the contents available online. SB is entitled to reject content of the user, to publish the content at another place, to shorten or delete the content.
The user explicitly guarantees SB, not to enter and publish content, whose provision, publication or use is violating any applicable law or is violating the rights of third parties (especially copyright and personal rights). Strictly prohibited is the publication of racist, pornographic, inhuman, offensive, insulting and immoral content.
If a third party plausibly claims his rights to be violated by the content, SB is entitled to, but not obligated to, reveal the personal contact data of the respective user.
If SB provides the access to online services of third parties via links, SB is not responsible for the external contents there. SB is not adopting the linked contents. Provided that links are leading to illegal content, please report to email@example.com or contact us via the contact possibilities on the platform.
15. Data protection
The processing of data is based on the data protection guidelines (DPG), which can be viewed in a separate file.
16. Other remarks
Provided that single regulations of this contract are wholly or partially ineffective, or if the contract contains loopholes, the contract does not lose the validity of the remaining regulations.
Adaptions of and additions to the contract require written form. This is also valid for a deviation from the required written form. Statements per e-mail, telefax or via the query mask comply with the written form.
SB is entitled to transfer the contractual relationship to a third party company. In that case the third party company is obligated to fulfill the contract instead of SB.
17. Applicable law/place of jurisdiction/place of performance
Material Austrian law under exclusion of the conflict law is applied on this contract.
As place of jurisdiction for all contractual conflicts, that result indirectly or directly from this contract, the responsible Austrian court for 1030 Wien is agreed on. If the user is consumer/customer, this place of jurisdiction is only agreed on, if he has his residence, habitual residence or place of work within this court’s area of jurisdiction or if his residence is abroad.
In any case a place of jurisdiction in Austria is agreed on.
The place of performance for the contractual services is in 1030 Wien.