- for the use of the online platform and services of
- TB Unterfrauner GmbH
- Regional tribunal St. Pölten, FN 430626z
- Umseerstrasse 39, 3040 Neulengbach
- 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. Principle of 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 or 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 Umseerstrasse 39, 3040 Neulengbach, 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. You can use the attached revocation form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end 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 subscription to the free services is agreed for an indefinite period of time. A free-of-charge usage relationship concluded for an indefinite period may be terminated by either contracting party subject to a notice period of three days. In the case of fee-based usage relationships, the end date of the termination falls on the agreed minimum subscription period or the end of the prepayment 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 claim for the future can be derived from the free provision of services beyond a fixed contractual period. SB reserves the right to revoke such a free subscription 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). Rights already granted shall remain unaffected by the termination of the user relationship.
SB is providing all services in each case in accordance with the existing technical, economical, operational and organizational capabilities. Therefore, 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 acknowledges that the platform provided by SB is 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.
SB assumes no obligation to keep the services offered uninterrupted and available online at all times. SB is entitled to interrupt the services for internal reasons, such as for maintenance purposes, for a reasonable period of time. The user cannot derive any claims from this; in return, SB will work towards a rapid elimination of the disruption.
SB provides warranty exclusively for fee-based usage in accordance with the provisions of §§ 922 ff ABGB (Austrian Civil Code).
The liability of SB and its institutions, employees, contractors or other agents („people“)is basically limited to intent or gross negligence; liability for slight negligence is excluded. This exclusion of liability does not apply to personal injury and damage to property which SB used for precessing. Insofar as the liability of SB is excluded or limited, this also applies to the personal liability of its "people".
If SB is hosting a prize competition or a lottery via the platform the following terms of competitions and lotteries apply:Employees and agents of SB and of the companies involved in the competition are not eligible to participate in the prize competition. SB reserves the right to exclude participants from the competition/lottery who unfairly influence the competition/lottery or attempt to do so. Winners will be selected at the end of the competition and notified by email. The prize is not transferable to third parties. Cash payment of the prize and recourse to the courts are excluded; the participant shall bear any taxes incurred by him or her at his or her own expense.
13. Uploaded or transmitted content
SB provides its users with opportunities on its platform to post contents such as images, texts, graphs, videos, etc. („content“) and thereby publish it in an interested forum or transmit it to another user. The respective user is responsible for the content.
In relation to this content, SB has the role of a purely technical disseminator/host who has no influence on the disseminated content of the users and also does not supervise them. According to § 16 para 1 ECG, SB can only be held responsible if SB is aware of illegal content and does not remove/block it immediately after becoming aware of it. If, in the opinion of the user, content violates rights or laws, please report this to firstname.lastname@example.org or via the corresponding contact option of the platform.
The user grants SB a geographically and factually unrestricted, transferable, non-exclusive right of exploitation, use and editing of the content posted by him/her (but not of the direct communication content between the users!) for the duration of the respective applicable legal protection period, in particular for the purposes of keeping it available for retrieval, publication and distribution via the platform.
SB is not obligated to keep the contents available. SB may reject the user's content at any time, publish it elsewhere, shorten it or delete it.
The user explicitly guarantees SB not to enter and publish content whose provision, publication or use is violating any applicable law or infringes the rights of third parties (in particular copyright and personal rights). The posting of racist, pornographic, inhuman, insulting and immoral content is expressly prohibited.
If a third party plausibly claims that its rights have been violated by the content, SB is entitled, but not obligated, to disclose the stored contact details of the respective user.
Insofar as SB provides access to online services of third parties via links, SB is not responsible for the external contents there. SB does not adopt the linked content as its own. If links refer to illegal content, please report this to email@example.com or via the corresponding contact option of the platform.
15. Data protection
The processing of data is based on the data protection information, which is separately available.
16. Other remarks
Provided that single regulations of this contract are wholly or partially invalid, 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 any deviation from the required written form. Declarations by e-mail, fax or via the query mask shall be in writing. Insofar as in this contract terms referring to natural persons are only stated in the masculine form, they refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form shall be used.
SB is entitled to transfer the contractual relationship to a third-party company. In this case, the third party company is obligated to fulfil the contract instead of SB.
17. Applicable law/place of jurisdiction/place of performance
This contractual relationship shall be governed by Austrian substantive law to the exclusion of the conflict of law rules.
The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court with local and subject-matter jurisdiction for 1030 Vienna. If the user is a consumer, this place of jurisdiction shall only be deemed agreed if he has his domicile, habitual residence or place of employment in this jurisdiction or if he lives abroad.
However, a place of jurisdiction in Austria is agreed in any case.
The place of performance for the contractual services is 1030 Vienna.