Privacy Policy
We have written this privacy policy (version 12.05.2021-111740009) to provide you with information in accordance with the requirements of the
General Data Protection Regulation (EU) 2016/679 as well as to explain what information we collect, how we use data and what choices you have as a visitor to this website.
Privacy policies usually sound very technical. However, this version should describe the most important things as simply and clearly as possible. Moreover, technical terms are explained in a reader-friendly manner whenever possible. We would also like to convey that we only collect and use information via this website if there is a corresponding legal basis for it. This is certainly not possible if you give very brief technical explanations, as are often standard on the Internet when it comes to data protection. We hope you find the following explanations interesting and informative. Maybe you will also find some information that you did not know yet.
Should you still have questions, we kindly ask you to follow the existing links to see further information on third-party websites, or to simply write us an email. You can find our contact information in our website’s imprint.
Scope
This data protection declaration applies to all personal data processed by us in the company and to all personal data processed by companies commissioned by us (order processors). By personal data, we mean information such as a person’s name, e-mail address and postal address. The processing of personal data ensures that we can offer and invoice our services and products, whether online or offline. The scope of this privacy policy includes:
– all online presences (websites, online stores) that we operate
– social media presences and email communications
– mobile apps for smartphones and other devices
In short, the data protection declaration applies to all areas in which personal data is processed in a structured manner within the company.
Legal basis
In the following privacy statement, we provide you with transparent information on the legal principles and regulations, i.e. the legal bases of the General Data Protection Regulation, which enable us to process personal data.
As far as EU law is concerned, we refer to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016. You can of course read this EU General Data Protection Regulation online on EUR-Lex, the access to EU law, at https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex%3A32016R0679.
We will only process your data if at least one of the following conditions applies:
- consent (Article 6(1) lit. a DSGVO): You have given us your consent to process data for a specific purpose. An example would be the storage of your entered data of a contact form.
- contract (Article 6(1)(b) DSGVO): In order to fulfill a contract or pre-contractual obligations with you, we process your data. For example, if we conclude a purchase contract with you, we need personal information in advance.
- legal obligation (Article 6(1) lit. c DSGVO): If we are subject to a legal obligation, we process your data. For example, we are legally obliged to keep invoices for accounting purposes. These usually contain personal data.
- legitimate interests (Article 6(1)(f) DSGVO): In the case of legitimate interests that do not restrict your fundamental rights, we reserve the right to process personal data. For example, we need to process certain data in order to operate our website in a secure and economically efficient manner. This processing is therefore a legitimate interest.
Further conditions such as the performance of recordings in the public interest and the exercise of official authority as well as the protection of vital interests do not generally occur with us. If such a legal basis should be relevant, it will be indicated at the appropriate place.
Contact details of the responsible person
If you have any questions regarding data protection, you will find the contact details of the responsible person or office below.
Palfinger Structural Inspection GmbH
Jakov-Lind-Straße 5, 1020 Vienna
Authorized to represent: Albrecht Karlusch
E-Mail:
a.karlusch@palfinger.com
Impressum: https://strucinspect.com/impressum/
Contact details of the data protection officer
Below you will find the contact details of our data protection officer.
Name: Alexander Mestian
E-Mail:
dataprotection@palfinger.com
Telefon: +43 662 2281 81704
Storage duration
The fact that we only store personal data for as long as is absolutely necessary for the provision of our services and products applies as a general criterion with us. If it is required by law, for example in the case of accounting, this storage period may also be exceeded. This means that we delete personal data as soon as the reason for data processing no longer exists. Should you wish your data to be deleted or revoke your consent to data processing, the data will be deleted as soon as possible and insofar as there is no obligation to store it.
We will inform you about the specific duration of the respective data processing below, provided we have further information on this.Rights in accordance with the General Data Protection Regulation
You are granted the following rights in accordance with the provisions of the
GDPR (General Data Protection Regulation) and the Austrian
Data Protection Act (DSG):
- right to rectification (article 16 GDPR)
- right to erasure (“right to be forgotten“) (article 17 GDPR)
- right to restrict processing (article 18 GDPR)
- righ to notification – notification obligation regarding rectification or erasure of personal data or restriction of processing (article 19 GDPR)
- right to data portability (article 20 GDPR)
- Right to object (article 21 GDPR)
- right not to be subject to a decision based solely on automated processing – including profiling – (article 22 GDPR)
If you think that the processing of your data violates the data protection law, or that your data protection rights have been infringed in any other way, you can lodge a complaint with your respective regulatory authority. For Austria this is the data protection authority, whose website you can access at
https://www.data-protection-authority.gv.at/.
TLS encryption with https
The terms TLS, encryption and https sound very technical, which they are indeed. We use HTTPS (Hypertext Transfer Protocol Secure) to securely transfer data on the Internet.
This means that the entire transmission of all data from your browser to our web server is secured – nobody can “listen in”.
We have thus introduced an additional layer of security and meet privacy requirements through technology design
Article 25 Section 1 GDPR). With the use of TLS (Transport Layer Security), which is an encryption protocol for safe data transfer on the internet, we can ensure the protection of confidential information.
You can recognise the use of this safeguarding tool by the little lock-symbol , which is situated in your browser’s top left corner in the left of the internet address (e.g. examplepage.uk), as well as by the display of the letters https (instead of http) as a part of our web address.
If you want to know more about encryption, we recommend you to do a Google search for “Hypertext Transfer Protocol Secure wiki” to find good links to further information.
Automatic Data Retention
Every time you visit a website nowadays, certain information is automatically created and stored, just as it happens on this website. This data should be collected as sparingly as possible, and only with good reason. By website, we mean the entirety of all websites on your domain, i.e. everything from the homepage to the very last subpage (like this one here). By domain we mean example.uk or examplepage.com.
Even while you are currently visiting our website, our web server – this is the computer this website is stored on, usually automatically retains data such as the below – for reasons such as operational security or for creating access statistics etc.
- the full address (URL) of the accessed website (e. g. https://www.examplepage.uk/examplesubpage.html/)
- browser and browser version (e.g. Chrome 87)
- the operating system used (e.g. Windows 10)
- the address (URL) of the previously visited site (referrer URL) (z. B. https://www.examplepage.uk/icamefromhere.html/)
- the host name and the IP-address of the device the website is accessed from (e.g. COMPUTERNAME and 194.23.43.121)
- date and time
- in so-called web server log files.
As an illustration:
Generally, these files are stored for two weeks and are then automatically deleted. We do not pass these data to others, but we cannot exclude the possibility that this data may be looked at by the authorities in case of illegal conduct.
In short: your visit is logged by our provider (company that runs our website on servers), but we do not pass on your data!
How can I delete my personal data?
If you would like us to delete your personal data, please send an email to:
support@strucinspect.com
Cookies
Our website uses HTTP-cookies to store user-specific data.
For your better understanding of the following Privacy Policy statement, we will explain to you below what cookies are and why they are in use.
What exactly are cookies?
Every time you surf the internet, you use a browser. Common browsers are for example Chrome, Safari, Firefox, Internet Explorer and Microsoft Edge. Most websites store small text-files in your browser. These files are called cookies.
What should not be dismissed, is that cookies are very useful little helpers. Nearly all websites use cookies. More accurately speaking these are HTTP-cookies, since there are also different cookies for other uses. http-cookies are small files which our website stores on your computer. These cookie files are automatically put into the cookie-folder, which is like the “brain” of your browser. A cookie consists of a name and a value. Moreover, to define a cookie, one or multiple attributes must be specified.
Cookies save certain parts of your user data, such as e.g. language or personal page settings. When you re-open our website, your browser submits these “user specific” information back to our site. Thanks to cookies, our website knows who you are and offers you the settings you are familiar to. In some browsers every cookie has its own file, in others such as Firefox, all cookies are stored in one single file.
There are both first-party cookies and third-party cookies. First-party cookies are created directly by our site, while third-party cookies are created by partner-websites (e.g. Google Analytics). Every cookie is individual, since every cookie stores different data. The expiration time of a cookie also varies – it can be a few minutes, or up to a few years. Cookies are no software-programs and contain no computer viruses, trojans or any other malware. Cookies also cannot access your PC’s information.
This is an example of how cookie-files can look:
name: _ga
value: GA1.2.1326744211.152111740009-9
purpose: differentiation between website visitors
expiration date: after 2 years
A browser should support these minimum sizes:
- at least 4096 bytes per cookie
- at least 50 cookies per domain
- at least 3000 cookies in total
Facebook-Pixel Privacy Policy
We use the Facebook pixel from Facebook on our website. For this purpose, we have implemented a code on our website. The Facebook pixel is a snippet of JavaScript code that loads a collection of functions that allow Facebook to track your user actions if you came to our website through Facebook ads. For example, when you purchase a product on our website, the Facebook pixel is triggered and stores your actions on our website in one or more cookies. These cookies allow Facebook to match your user data (customer data such as IP address, user ID) with your Facebook account data. Then Facebook deletes this data again. The collected data is anonymous and not visible to us and can only be used in the context of ad placements. If you are a Facebook user yourself and are logged in, your visit to our website is automatically assigned to your Facebook user account.
We want to show our services or products only to those people who are really interested in them. With the help of Facebook pixels, our advertising measures can be better tailored to your wishes and interests. Thus, Facebook users (if they have allowed personalized advertising) get to see suitable advertising. Furthermore, Facebook uses the collected data for analysis purposes and its own advertisements.
Below we show you those cookies that were set by embedding Facebook Pixel on a test page. Please note that these are only sample cookies. Different cookies are set depending on the interaction on our website.
Name: _fbp
Value: fb.1.1568287647279.257405483-6231630567126-7
Intended use: This cookie is used by Facebook to display advertising products.
Ablaufdatum: After 3 months
Name: fr
Value: 0aPf312HOS5Pboo2r..Bdeiuf…1.0.Bdeiuf.
Intended use: This cookie is used to make Facebook Pixel work properly.
Ablaufdatum: After 3 months
Name: comment_author_50ae8267e2bdf1253ec1a5769f48e062231630567126-3
Value: Author name
Intended use: This cookie stores the text and name of a user who leaves a comment, for example.
Ablaufdatum: After 12 months
Name: comment_author_url_50ae8267e2bdf1253ec1a5769f48e062
Value: https%3A%2F%2Fwww.testseite…%2F (URL des Autors)
Intended use: This cookie stores the URL of the website that the user enters in a text field on our website.
Ablaufdatum: After 12 months
Name: comment_author_email_50ae8267e2bdf1253ec1a5769f48e062
Value: Author e-mail address
Intended use: This cookie stores the user’s email address if he/she has provided it on the website.
Ablaufdatum: After 12 months
Anmerkung: The cookies mentioned above refer to individual user behavior. Especially with the use of cookies, Facebook changes can never be ruled out.
If you are logged in to Facebook, you can change your settings for advertisements yourself at
https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. If you are not a Facebook user, you can basically manage your usage-based online advertising at
http://www.youronlinechoices.com/de/praferenzmanagement/. There you have the option to deactivate or activate providers.
If you want to learn more about Facebook’s data protection, we recommend that you read the company’s own data policies at
https://www.facebook.com/policy.php.
Which types of cookies are there?
What exact cookies we use, depends on the used services. We will explain this in the following sections of the Privacy Policy statement. Firstly, we will briefly focus on the different types of HTTP-cookies.
There are 4 different types of cookies:
Essential Cookies
These cookies are necessary to ensure the basic function of a website. They are needed when a user for example puts a product into their shopping cart, then continues surfing on different websites and comes back later in order to proceed to the checkout. Even when the user closed their window priorly, these cookies ensure that the shopping cart does not get deleted.
Purposive Cookies
These cookies collect info about the user behaviour and record if the user potentially receives any error messages. Furthermore, these cookies record the website’s loading time as well as its behaviour within different browsers.
Target-orientated Cookies
These cookies care for an improved user-friendliness. Thus, information such as previously entered locations, fonts or data in forms stay saved.
Advertising Cookies
These cookies are also known as targeting-Cookies. They serve the purpose of delivering individually adapted advertisements to the user. This can be very practical, but also rather annoying.
Upon your first visit to a website you are usually asked which of these cookie-types you want to accept. Furthermore, this decision will of course also be saved in a cookie.
How can I delete cookies?
You yourself take the decision if and how you want to use cookies. Thus, no matter what service or website cookies are from, you always have the option to delete, deactivate or only partially allow them. Therefore, you can for example block cookies of third parties but allow any other cookies.
If you want change or delete cookie-settings and would like to determine which cookies have been saved to your browser, you can find this info in your browser-settings:
Chrome: Clear, enable and manage cookies in Chrome
Safari: Manage cookies and website data in Safari
Firefox: Clear cookies and site data in Firefox
Internet Explorer: Delete and manage cookies
Microsoft Edge: Delete cookies in Microsoft Edge
If you generally do not want to allow any cookies at all, you can set up your browser in a way, to notify you whenever a potential cookie is about to be set. This gives you the opportunity to manually decide to either permit or deny the placement of every single cookie. The settings for this differ from browser to browser. Therefore, it might be best for you to search for the instructions in Google. If you are using Chrome, you could for example put the search phrase “delete cookies Chrome” or “deactivate cookies Chrome” into Google.
How is my data protected?
There is a “cookie policy” that has been in place since 2009. It states that the storage of cookies requires the user’s consent. However, among the countries of the EU, these guidelines are often met with mixed reactions. In Austria the guidelines have been implemented in § 96 section 3 of the Telecommunications Act (TKG).
If you want to learn more about cookies and do not mind technical documentation, we recommend
https://tools.ietf.org/html/rfc6265, the Request for Comments of the Internet Engineering Task Force (IETF) called “HTTP State Management Mechanism”.
Email-Marketing
Of course, we want to stay in contact with you and keep you in the loop of the most important news about our company. For this, we use email marketing, which is an essential part of our online marketing. If you agree to this or if it is permitted by law, we will send you newsletters, emails or other notifications. When the term “newsletter” is used in the following text, it mainly refers to emails that are sent regularly.
How can you register for our Email-Marketing?
If you want to participate in our email marketing (usually via newsletter), you usually have to register with your email address only. You will simply have to fill an online form and submit it. However, we may also ask you to fill in your title and name so we will be able to address you more personally.
Generally, the registration for newsletters is carried out with the so-called “double opt-in procedure”. After registering for our newsletter on our website, you will receive an email for you to confirm the newsletter registration. This will ensure that you own your email address and that no one registers with an email address that is not owned by them. Every single registration is stored either by us or by a notification tool we use. This is necessary for us to ensure that registration processes are legally correct. Therefore, the time of your registration, the time of confirmation of your registration and your IP address are usually retained. It will also be logged if you make changes to your stored data.
How long can we store your email address?
If you unsubscribe from our email/newsletter distribution list, we may store your address for up to two years on the basis of our legitimate interests, so that we can still prove your consent at the time. We are only allowed to process this data if we have to defend ourselves against any claims.
However, if you confirm that you have given us your consent to subscribe to the newsletter, you can submit an individual request for deletion at any time. Should you object to your consent permanently, we reserve the right to save your email address in a blacklist. We will of course keep your email address for as long as you are voluntarily subscribed to our newsletter.
On what legal basis do we operate email marketing?
Our newsletter is sent on the basis of your consent. This means that we are only allowed to send you a newsletter if you have actively registered for it beforehand. If consent is not required, newsletters will be sent on the basis of the legitimate interest in direct marketing, provided it is legally permitted. Should we commission a service provider, this will be done on the basis of our legitimate interest also. We record your registration process for the purpose of using it as proof that it is in compliance with our laws.
What is in our newsletters?
Of course, we do not want to bother you with our newsletter in any way. Therefore, we really strive to offer only relevant and interesting content, such as more information about our company, our services or our products. Since we are continuously improving our offers, our newsletter will always update you on any news or special offers and lucrative promotions.
If we commission a service provider with a professional mailing tool for our email marketing, we do this in order to be able to offer you our newsletter fast and securely.
Which data are retained?
If you subscribe to our newsletter via our website, you will confirm your membership in our email list via an email that we will send to you. In addition to your IP address and email address, your name, address and telephone number may also be saved. However, this will only be done if you agree to this data retention. Moreover, information about your device or the type of content you prefer on our website may also be stored. In the “Automatic data storage” section you can find out more about how your data is stored when you visit a website.
You can find information on special email marketing services in the following sections, provided the information you are looking for is available.
Google Fonts Local Privacy Policy
On our website we use Google Fonts, from the company Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA).
We integrated Google Fonts locally, so on our own webserver and not on Google’s servers. Hence, there is no connection to Google’s servers and consequently no data transfer or retention.
What are Google Fonts?
Google Fonts was previously called Google Web Fonts. It is an interactive list with over 800 fonts which
Google LLC offer for free use. With the use of Google Fonts, it is possible to utilise fonts without uploading them to your own server. For that matter, in order to prevent any transfer of information to Google’s servers, we downloaded the fonts to our own server. This way we comply with the data privacy and do not transmit any data to Google Fonts.
Unlike other web fonts, Google offers us unrestricted access to all its fonts. Thus, we have a vast sea of font types at our disposal, which helps us to get the most out of our website. You can find out more answers and information on Google Fonts at
https://developers.google.com/fonts/faq?tid=111740009.
Hotjar
We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.
For further details, please see the ‘about Hotjar’ section of
Hotjar’s support site.
GENERAL TERMS AND CONDITIONS
FOR THE SERVICE CENTRE, THE BASIC ASSET MANAGEMENT SERVICES, THE DIGITAL INSPECTION SERVICES, THE ADVANCED SERVICES AND OTHER (POSSIBLE) SERVICES (COLLECTIVELY REFERRED TO AS “SERVICE HUB”)
Status: May 2021
- SUBJECT
- These General Terms and Conditions (in short “GTC“) are an integral part of your contractual relationship with Palfinger Structural Inspection GmbH, Jakov-Lind-Straße 5, A-1020 Vienna, Austria, Company Register Number FN 373883d (in short “Provider“), concerning the platform of the Provider (in short “Service-Hub”), in which particularly the following services are offered to you, all of which are to be understood as mere support services concerning the practice of your profession, while you remain solely responsible for the corresponding practice and performance of your own work.
- The Service Hub is exclusively aimed at relevant entrepreneurs within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) with a focus on “structural analysis” or “structural damage analysis” (such as civil engineers), and you warrant that you are such an entrepreneur. If you are a consumer as defined by § 1 KSchG, please refrain from using the Service Hub.
- The following services are currently offered as part of the Service Hub:
1.3.1 The
Service Centre: The Service Centre is the general area of the Service Hub, through which you can access other areas of the Service Hub together with the services offered there, in particular, the
- (i) Basic Asset Management Services,
- (ii) Digital Inspection Services and the
- (iii) Advanced Services, which build upon the Digital Inspection Services.
The Provider reserves the right to change the service offerings at any time (see also item 4., below), and the specific service offerings result from their respective detailed descriptions in the Service Hub.
1.3.2
Basic Asset Management Services: Within the Basic Asset Management Services you can create your objects or the objects you manage (infrastructure assets in particular) and manage them together with the results of your routine object inspections. We would like to point out that the Basic Asset Management Services are merely intended to facilitate the corresponding object management and to support the infrastructure already in place on your side in this respect.
In particular, you remain solely responsible for carrying out and documenting the (legally) required or recommended object inspections at the respective inspection intervals. This also applies if you set corresponding calendars/reminders within the Basic Asset Management Services or elsewhere in the Service Hub; in this context, you must ensure that you have a system for adherence to deadlines that is independent of the Service Hub as well as a control system in this regard – again independent of the Service Hub.
The same applies to the identification and classification/qualification of damages to the objects: here, too, the service hub is intended to facilitate the management and allocation of individual damage images to your specific objects and is only intended to support your existing infrastructure in this regard. You, therefore, remain solely responsible for the identification and classification/qualification of object damage in compliance with all applicable regulations in this respect (including all corresponding rules of the art as well as in compliance with the respective state of the art).
- Digital Inspection Services: Within the scope of the Digital Inspection Services, you can upload digital image data, use our related software autonomously and, based on the image data you have stored there, use the Advanced Services, which builds on top of it. As with the Basic Asset Management Services,
- the Digital Inspection Services, together with the Advanced Services which build on them, are merely intended to provide you with a support service in the practice of your profession, and that or so that
- you remain solely responsible for your object inspections and your compliance with the applicable inspection intervals as well as for the identification and classification/qualification of object damages.
- Advanced Services: Within the scope of the Advanced Services, which are built upon the Digital Inspection Services, you can make use of the following services in particular:
- Data Capturing: With the help of Data Capturing, you can have objects (such as infrastructure assets in particular) digitally recorded together with any damage images, such as in particular by terrestrial photography, drone recordings, camera ships, sensor vehicles and moving robots. The relevant providers of Data Capturing Services are generally third parties and the Data Capturing Contract is solely between you and such third party(ies), and is also subject to the application of the terms and conditions of any such third party.
In connection with the data capturing services, the Provider therefore only acts as an intermediary between you and these third parties, even if the Provider offers assistance (such as manuals) for the method of image data collection, for uploading the image data to the service hub (e.g. regarding data format, data structure, etc.) as well as for the additionally necessary or expedient documentation of image material so that the image data can be used in the best possible way within the scope of the Advanced Services. However, compliance with this assistance is always the responsibility of the relevant third party and the provider neither guarantees nor is liable for ensuring that the image data collected by a third party can actually be used for the purposes of the Advanced Services or are compatible with the technical infrastructure of the service hub, such as AI in particular (see below).
Any data capturing services offered by the Provider itself are indicated by a corresponding marking, whereas the offers of third parties do not bear a corresponding marking. In the case of a data capturing offer by the provider itself, the contract is therefore concluded between you and the provider itself.
- Digital Twin Creation: On the basis of the image material collected by you with the help of Data Capturing, you can create a digital twin of the corresponding object, i.e. a 3-dimensional model (e.g. as a point cloud or with textures), with the help of the artificial intelligence (AI for short) used by the provider in the context of Digital Twin Creation. The aim of Digital Twin Creation is to provide you with a virtual inspection of the object as well as a corresponding 3-dimensional condition documentation at the time of the corresponding data capturing images to support your professional practice. However, a Digital Twin cannot replace an on-site inspection, especially with regard to possible damages to the object.
- AI Driven Damage Detection: Within the scope of AI Driven Damage Detection, you can use the provider’s AI on the basis of the image material collected by you with the help of Data Capturing to detect possible image-documented damages to the object, namely cracks, exposed rebars, corrosion, spalling and efflorescence (= so-called sintering), or to detect such areas of the object that are possibly affected by such damages. The AI is constantly being further developed in order to improve its detection rate and results. AI Driven Damage Detection cannot replace the on-site inspection of damages; however, it can help to facilitate the accurate investigation of possible object damages.
- 2D/3D Damage Mapping: The AI mentioned above can also be used in the context of 2D/3D Damage Mapping to locate the damage that the AI may detect in the images on the imaged object and highlight it on the imaged object for easier recognition and traceability. 2D/3D Damage Mapping is not a substitute for on-site damage inspection; however, it can help facilitate accurate investigation of potential object damages.
1.4 Your General Terms and Conditions as well as your other contractual terms and conditions (collectively referred to as “
Your Terms“) are expressly and completely excluded and therefore do not apply. This applies in particular even if (i) you have informed the provider of your terms and conditions, (ii) you have provided the provider with your terms and conditions by whatever means, (iii) the provider has entered into and/or performed a contract with you with knowledge of your terms and conditions, and/or (iv) your terms and conditions are mentioned on any documents (such as order confirmations, delivery notes, invoices or other communications), reference is made to your terms and conditions therein or your terms and conditions were included therein, and (v) all this applies even if the provider has not objected to your terms and conditions.
1.5 The Provider may at any time amend and/or supplement the T&Cs and the amended and/or supplemented T&Cs shall apply to any contract entered into thereafter between you and the Provider in respect of the Service Hub. Amended and/or supplemented T&Cs shall also apply to contracts already concluded if you agree to them, which may be done, for example, by clicking or confirming a corresponding declaration of consent (such as in the context of a relevant check box) which is displayed to you in the context of the Service Hub. If you have already entered into one or more contracts in respect to the Service Hub on the basis of the T&Cs in force at that time, any amended and/or supplemented T&Cs will apply to any further contract you enter into in respect of the Service Hub after the relevant amendment and/or supplement has been made.
- DEFINITIONS
2.1 “
Proprietary Content“: means any content, including any information, that you, any of your Users or any third party attributable to you (such as a third party with whom you have entered into an agreement through the Service Hub, such as in relation to data capturing) posts or otherwise uploads to the Service Hub (such as images and other details of items etc). Results of those services that the Provider itself (and not a third party) provides to you via the Service Hub (such as Digital Twins, AI Driven Damage Detection and 2D/3D Damage Mapping) also count as Proprietary Content.
2.2 “
Contract“: any individual contract you enter into with the Provider concerning the services offered via the Service Hub. The Parties want the Contracts to be interpreted solely in accordance with the rules relating to the Contract for Services (and not the Contract for Work); the legal rules relating to the Contract for Services are subsidiary to rules relating to the Contract (including these T&Cs) and may apply mutatis mutandis or by analogy. However, if you enter into an agreement with a third party via the Service Hub regarding its services offered via the Service Hub, such agreement will be directly between you and the third party and such agreement will not be covered by the definition of “contract” set out herein for the purposes of these T&Cs.
2.3 “
Control Panel“: The entirety of all input and output screens in or on the Service Hub (i) where you can, in particular, enter and keep up to date your contact and billing details, (ii) which may serve the purpose of communication between you, your Users and the Provider and/or Third Party, (iii) through which you can manage your subscription or your Users’ subscription to the Service Offerings made available through the Service Hub and the results thereof and/or (iv) through which the Provider or Third Party offers or provides the Service made available through the Service Hub to you and/or your Users.
2.4 “
Credit Note“: means a credit note issued by the Provider in cases where the Provider is unable to provide a chargeable function of the Service Hub in accordance with the Contract, in particular if your access or the access of your Users to the Service Hub, the Services there and/or to your content stored in the Service Hub (e.g. object data in Basic Asset Management, image material obtained from Data Capturing, Digital Twins, AI Driven Damage Detection and 2D/3D Damage Mapping etc) is interrupted for whatever reason. A credit note will only be issued if the Provider has collected a fee for making the affected Serving Hub Content available. Therefore, no credit will be granted for Service Hub Content that is accessible free of charge.
2.5 “
Service Hub Content“: means each and all of the Services which the Provider makes available to you and/or your users via the Service Hub.
2.6 “
Login Credentials“: the set of usernames and passwords and each individual username and password required to access the Service Hub and the Service Content and which may be freely selected by the Provider and/or you and/or your Users subject to technical availability (for example, a username may only be issued once for technical reasons).
2.7 “
in writing” or “
written form” means plain text form, including non-qualified digitally signed emails, whereby in cases of hardcopy communications actual access by the recipient, and in cases of electronic communications mere technical retrievability (but not actual retrieval) is decisive for access.
- Registration and Login Credentials
3.1 Before you and your Users can access the Service Hub and Service Hub Content and use the Control Panel, you and/or your users must register for the Service Hub. The registration process includes in particular (i) the collection of your required data, such as in particular your contact and billing data, as well as (ii) your agreement to the T&Cs, which you can also save and print out locally.
- During the registration process, you and/or your users can either (partially) freely select your log-in credentials (such as, in particular, the password) or you and/or your users will (partially) receive these from the provider (for example, in an email sent to the email address that you and/or your Users have entered during the registration process). In the latter case, you and/or your users may then (partially) change the log-in credentials, and you and/or your users should do so in any case also with regard to the password, in order to ensure that the log-in credentials, in particular the password(s), are known only to you and/or your respective users.
- The log-In credentials may only be used in accordance with the Agreement and the GTC and only for the purpose of accessing the Service Hub and the Service Hub Content. You and/or your users may only share the log-in credentials with employees who are employed by you. The log-in credentials may not be disclosed to any third party (including direct or indirect subsidiaries and other direct or indirect affiliates) or otherwise disclosed to any third party. Any transfer or other disclosure of the log-in credentials is entirely at your own risk, even if you and/or your users are authorised to transfer or otherwise disclose them.
- You and your Users shall keep the log-in credentials secure (for example, by selecting a so-called “strong” password and regularly changing the password accordingly) and safe.
- If it appears necessary in the reasonable discretion of the Provider – in particular from an IT security point of view or to prevent log-in credential misuse or fraud attempts – the Provider is entitled to unilaterally change any log-in credential without prior notice. In such cases, the Provider will notify you and/or your affected User(s) of new log-in credentials via email. If there is no imminent danger, the Provider will endeavour to change the affected log-in credentials in such a way that the interruption of access to the Service Hub as well as the Service Hub Content (in particular also to the own content) due to a lack of valid log-in credentials is kept as short as possible.
- You and your users are obliged to keep the log-in credentials strictly secret. If you or your users suspect that a log-in credential may have become known to a third party, you must inform the Provider immediately in writing, together with an appropriately detailed description of the log-in credentials that may have been affected.
- You are liable, regardless of fault, for any misuse of your log-in credentials and/or the log-in credentials of your users. This applies in particular to your liability for any fees to be paid to the Provider or third parties for the unauthorised access to the Service Hub content, provided that the unauthorised access takes place with log-in credentials that are attributable to you and/or your users. In the event of misuse of log-in credentials, the Provider is entitled to terminate the contract with immediate effect for good cause or to block your access or the access of your Users to the Service Hub and the Service Hub Content. In the latter case, the Provider will endeavour to block your access or your users’ access to the Service Hub and the Service Hub Content only if the Provider has previously requested you to stop the misuse, and in this case, the Provider will also endeavour to inform you of the consequences of not complying with such a request in the same.
- You are required to keep your contact and billing details up to date at all times, in particular to enable the Provider to correspond with you regarding the Service Hub and the Service Hub Content.
- Changes to the Service Hub and the Service Hub Content
4.1 Due to technical developments and legal aspects (e.g. discontinuation by a third party of services offered via the Service Hub.) ), the Provider shall be entitled to modify, amend and reduce the Service Hub, its functionalities and the Service Hub Content at any time. You agree and accept that the Provider may make such changes, additions and reductions at any time in its sole discretion, provided that the core functionalities of the Service Hub and the core content of the entire Service Hub Content shall remain unaffected, including, without limitation, updates and upgrades to the software underlying the Service Hub and/or the Service Hub Content. The Provider will endeavour to notify you in advance of any such changes, additions or reductions.
4.2 You further agree and accept that the Provider may also make material changes, additions and reductions to the core features of the Service Hub and the Service Hub Content (including the core content of the Service Hub Content) at any time and the Provider shall give you at least 14 days’ notice before implementing such material changes, additions and/or reductions. In the event that such material changes, additions and/or reductions are objectively unacceptable to you, you shall be entitled to terminate your affected Agreement for cause, and such termination for cause shall be made by registered letter and shall not take effect until such material changes, additions and/or reductions are actually made live.
4.3 The Provider shall endeavour to provide you with the opportunity to download your Proprietary Content, in particular to enable you to make back-up copies thereof, and in the event that you do so, you shall regularly make back-up copies of your downloadable Proprietary Content.
4.4 Any claims you may have as a result of this, including any claims for restitution, are excluded in their entirety to the extent permitted by applicable mandatory law.
- Grant of rights by the Provider to you
5.1 For the duration of the Agreement, the Provider grants you and your Users the non-exclusive, worldwide, non-transferable and non-sublicensable right to access the Service Hub and the Service Hub Content.
5.2 You and Your Users may not reproduce, download, distribute, disseminate, sell, rent, lease, transfer via wireless or wireline, the Service Hub and/or the Service Hub Content, except for Your Proprietary Content, without the prior written consent of the Provider, lend, broadcast over wireless or wireline networks, perform, display, make available offline or online, edit, translate, disassemble, reverse engineer or otherwise exploit any of the Service Hub Content.
5.3 You and Your Users may not, without the prior written consent of the Provider, alter, add to, remove or obscure any trade marks, other trade dress, trade names, trade names, civil names, pen names, copyright notices and similar marks appearing on or within the Service Hub or the Service Hub Content.
5.4 All rights in the Service Hub and the Service Hub Content shall remain with the Provider or the Provider’s licensors in relation thereto, without prejudice to the grant of rights set out above.
5.5 Any documentation of the Service Hub and the Service Hub Content (such as manuals) will be made available to you and your Users in electronic form only (e.g. in the context of one or more so-called FAQs, a section called “Help” or a similar designation), if such documentation is available at all.
- Minimum Technical Requirements
6.1 You are solely responsible for obtaining, maintaining and keeping up to date the minimum technical requirements that you and your Users need to access the Service Hub and the Service Hub Content, including the use of the Services there (such as, for example, the latest version of a compatible internet browser, pdf readers, video codecs and other media codecs, an internet connection with sufficient bandwidth and terminal devices that have the necessary hardware requirements). The minimum technical requirements are publicly available on the Service Hub and constitute an integral part of the contract.
6.2 The Provider is neither responsible nor liable for any incompatibilities between the Service Hub and the Service Hub Content on the one hand and the hardware and software that you and your Users use to access the Service Hub and the Service Hub Content on the other.
6.3 To the extent that access to the Service Hub and/or the Service Hub Content, including the use of the Services therein, requires the local installation of third party software (for example, internet browsers, browser plug-ins, video codecs, other media codecs, pdf readers), you and your Users shall, at your own cost and risk, procure, maintain and keep up-to-date such third party software and the Provider’s liability for any such third party software shall be excluded in its entirety to the extent permitted by applicable mandatory law.
- Proprietary Content and your grant of rights thereto to the Provider
7.1 You and Your Users are solely responsible for any Proprietary Content and in particular for ensuring that any Proprietary Content complies with all applicable laws; in relation to third party rights, see clause 7.3, below. Provider shall have no duty to audit, inspect or otherwise evaluate any Proprietary Content in connection with its compliance with all applicable laws, and the Provider shall have no duty to warn you, your users or any third party of any such compliance, except as a result of services provided to you by Provider (and not a third party) through the Service Hub (such as Digital Twins, AI Driven Damage Detection and 2D/3D Damage Mapping).
7.2 You and your users grant to the Provider the irrevocable, perpetual, non-exclusive, worldwide, transferable and sub-licensable right to use and exploit the results of such services provided to You by the Provider through the Service Hub (such as Digital Twins, AI Driven Damage Detection and 2D/3D Damage Mapping) for the further development and improvement of AI and other current and/or future artificial intelligence. This grant of rights also includes the right to reproduce and edit such Proprietary Content for this purpose, provided that this is necessary for this purpose or serves this purpose in the sole discretion of the Provider (for example, changing the (file) format, cropping/trimming and otherwise shortening such Proprietary Content).
7.3 You and your users warrant that you are entitled to use and exploit any Proprietary Content (excluding the results of services provided to you by the Provider itself through the Service Hub (such as Digital Twins, AI Driven Damage Detection and 2D/3D Damage Mapping) on or in the Service Hub, and in particular that you or your users are entitled to input and upload such Proprietary Content to the Service Hub or arrange for such input or upload to be carried out by third parties. You and your users further warrant that any Proprietary Content (again, excluding the results of such services provided to you by the Provider itself via the Service Hub (such as Digital Twins, AI Driven Damage Detection and 2D/3D Damage Mapping)) is completely free from third party rights of any kind, including but not limited to intellectual property rights (such as copyrights, rights of privacy, rights in one’s own image, trademark rights and other trademark and name rights) and data protection rights.
- Further obligations on your part and on the part of your Users
8.1 Throughout your use of the Service Hub, including your use of the Services thereon, you or your users warrant that you will
8.1.1 comply with all applicable laws (such as data protection laws, laws against harassment, incitement and hatred on the Net, etc.), and that you will not violate any such laws
8.1.2 do not infringe any third party rights, in particular intellectual property rights (e.g. copyright, and rights to one’s own image), personal rights and data protection rights;
8.1.3 do not commit any acts that could be qualified as obscene, insulting, harassing, inflammatory or similar;
8.1.4 not use any messenger and/or chat systems available on the Service Hub to send unsolicited messages, such as unsolicited commercial messages;
8.1.5 not take or support any action which may interrupt or otherwise affect the operation of the Service Hub, including but not limited to the use of viruses, bots, web spiders, web crawlers and other malicious software.
8.2 In the event that you, any of your users or any other person attributable to you or your users breach any of the above obligations, the Provider shall be entitled to suspend your and/or your users’ access to the Service Hub and the Service Hub Content (including, without limitation, the Proprietary Content) with immediate effect. The Provider shall not restore access to you and/or your Users until any such breach has been fully and permanently remedied. The right of the provider to terminate the contract for good cause with immediate effect remains unaffected.
- Fees
9.1 Any fees payable to the Provider for the use of the Services on the Service Hub shall be set out in the Contract and shall be payable in advance unless the Contract provides otherwise.
9.2 In the event of late payment, the interest rate shall be 4% per annum.
9.3 You are only entitled to set-off against the Provider if the Provider has expressly acknowledged your claim as well as with his signature or if your claim has been legally awarded to you by a competent court or authority. Possible rights of retention on your part are completely excluded.
9.4 You agree that the Provider may send you any invoices in electronic format (e.g. Pdf) only.
- Access to the Service Hub and the Service Hub Content (“Uptime”)
10.1 The Provider shall endeavour to provide access to the Service Hub and the Service Hub Content (including, without limitation, the Proprietary Content) at a rate of 99.85% per calendar month (“
Uptime“).
10.2 The following circumstances are not to be included in the calculation of Uptime and are therefore not considered “Downtime”, so that you are not entitled to any claims in these cases, whereby this applies in particular to such claims that are based on a delay in performance or a performance fault:
10.2.1 routine maintenance windows of which you and/or your Users have been notified at least three calendar days in advance via the Service Hub, the Control Panel or by any other means of communication (e.g. via email);
10.2.2 any failure of hardware, software and/or network infrastructure which is outside the control of the Provider;
10.2.3 force majeure such as cyber-attacks etc.; and/or
10.2.4 any failure caused solely by you, your Users and/or any such third party attributable to you or any of your Users, which includes, without limitation, the improper use of hardware and/or software, failure to meet minimum technical requirements and/or the use of incompatible hardware or software.
- Limited warranty and limited liability of the Provider
11.1 The Provider makes no warranty and shall have no liability in respect of any Service Hub Content which is available free of charge, unless the Provider knowingly gives incorrect advice; the exclusions of warranty and liability apply in particular to the Service Hub Content meeting your expectations and/or being commercially or otherwise useful or usable to you.
11.2 The Provider warrants only that (i) the Service Hub and the Service Hub Content comply with the technical specifications set out in their respective documentation and (ii) the use of the results of the services provided to You by the Provider (and not a third party) through the Service Hub (such as Digital Twins, AI Driven Damage Detection and 2D/3D Damage Mapping) will not infringe the rights of any third party. All other warranties of the Provider are excluded in their entirety to the extent permitted by applicable mandatory law, and this applies in particular to the uninterrupted and error-free accessibility of the Service Hub and the Service Hub Content.
11.3 In the event that any paid Service Hub Content is inaccessible or defective, You or your users, as the case may be, shall notify the Provider thereof in writing without undue delay, such written notice to include in any event a reasonably detailed and comprehensible description of the inaccessibility and/or defect in question. In the event that the Provider does not receive such information in a timely and/or complete manner, you shall have no claim whatsoever based on the non-accessibility and/or error(s), unless the non-accessibility and/or error(s) was caused by the Provider’s gross negligence or willful misconduct. In any event, you shall bear the burden of proof for any such non-accessibility and any such defect. The applicability of Section 924 of the Austrian General Civil Code (ABGB) is expressly excluded.
11.4 After the Provider has received the aforementioned information, the Provider shall restore the condition owed under the Contract, and thus access to the Service Hub and/or the Service Hub Content or remedy the fault(s) as soon as possible. Your sole remedy in such cases is the issuance of a credit note by the Provider, and once a credit note has been issued, all your warranty and liability claims against the Provider in this respect shall be entirely discharged, unless the non-accessibility and/or the fault(s) was caused by the Provider’s gross negligence or willful misconduct. Any credit note shall be issued for and applied to the settlement or settlement period next following the credit note.
11.5 With the exception of personal injury (including death), the Provider’s liability for ordinary negligence is excluded in any event.
11.6 You must check all results of those services that the Provider itself (and not a third party) provides to you via the Service Hub (such as Digital Twins, AI-Driven Damage Detection and 2D/3D Damage Mapping) for completeness and freedom from defects within 3 working days and notify the Provider in writing within this period. In this respect, § 377 of the Austrian Commercial Code (“UGB”) shall apply.
- Final provisions
12.1 Failure to assert a specific claim shall not prevent either party from asserting another claim, and this shall also apply in the event of repeated failure to assert a claim, which shall moreover in no way be deemed to be a waiver.
12.2 You may not assign your rights and/or obligations under the Contract to any third party without the prior written and signed consent of the Provider.
12.3 If any provision of these T&Cs is or becomes illegal, invalid and/or unenforceable, the remaining provisions shall not be affected in any way and the illegal, invalid and/or unenforceable provision shall be deemed to be replaced by such legal, valid and enforceable provision as most closely reflects the commercial interests of the parties.
12.4 Any amendment and/or supplement to the Contract shall be made in writing and the same shall apply to any waiver of this written form requirement.
12.5 The contract as well as the GTC shall be governed exclusively by the laws of the Republic of Austria with the exception of its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods, which are excluded. The place of performance shall be Vienna.
12.6 The exclusive place of jurisdiction for all disputes arising out of or in connection with the Contract and/or the GTC shall be the court having subject-matter jurisdiction for commercial matters which has local jurisdiction for the first district of Vienna (Innere Stadt). Notwithstanding the foregoing, the Provider shall in any case and at any time also be entitled to assert its claims before the court which has subject-matter and local jurisdiction for you.
***
General Terms and Conditions of the Knowledge Hub
As of: May 2021
- INTRODUCTION
1.1 These General Terms and Conditions (hereinafter referred to as „
GTC„) are an integral part of your contractual relationship with Palfinger Structural Inspection GmbH, Jakov-Lind-Straße 5, A-1020 Vienna, Austria, Company Register Number FN 373883d (hereinafter referred to as „
Provider„), regarding the e-learning platform of the Provider, where certain content (such as blog posts, webinars and white papers) as well as certain training and certification opportunities etc. are offered to you (collectively referred to as „
E-Learning Content„). Further details on the corresponding e-learning content, including any prices, can be found in or on the e-learning platform; the e-learning platform, including its offerings, is also referred to below as the „
Knowledge Hub„.
1.2 The Knowledge Hub is aimed exclusively at entrepreneurs as defined in Section 1 of the Austrian Consumer Protection Act (KSchG), and you warrant that you are such an entrepreneur. If you are a consumer as defined in § 1 KSchG, please refrain from using the Knowledge Hub and the E-Learning Content.
1.3 Your general terms and conditions as well as your other contractual terms (collectively „
Your Terms„) are expressly and entirely excluded and therefore have no application whatsoever. This particularly also applies even if (i) you have informed the Provider of Your Terms, (ii) you have provided the Provider with Your Terms by whatever means, (iii) the Provider has entered into and/or performed a contract with you in knowledge of Your Terms, and/or (iv) Your Terms are stated on any documents (such as order confirmations, delivery notes, invoices or other communications), reference is made to Your Terms therein or Your Terms were included therein, and (v) all this applies even if the Provider has not objected to Your Terms.
1.4 The Provider is entitled to amend and/or supplement the GTC at any time, and the amended and/or supplemented GTC shall then apply to any contract concluded thereafter between you and the Provider with respect to the Knowledge Hub. Amended and/or supplemented GTCs shall also apply to contracts already concluded if you agree thereto, which may be done, for example, by clicking or confirming a corresponding declaration of consent (such as in the context of a relevant check box) which is displayed to you in the context of the Knowledge Hub. If you have already concluded one or more contracts regarding the Knowledge Hub on the basis of the GTC in force at that time, any amended and/or supplemented GTC shall also apply to any further contract that you conclude regarding the Knowledge Hub after the relevant amendment and/or supplement.
- DEFINITIONS
2.1 „
Your Content„: any content, including any type of information, that you or any of your users post or upload to the Knowledge Hub (such as comments, blog posts, instructional and training videos, reviews, public and private chat messages, etc), provided that the content does not originate from or is not predetermined by the Provider.
2.2 „
Contract„: any individual contract that you enter into with the Provider concerning your access to and/or use of the Knowledge Hub, in particular in relation to the e-learning content there.
2.3 „
Control Panel„: the entirety of all input and output screens in or on the Knowledge Hub (i) where you can enter and keep up to date your contact and billing data in particular, (ii) which may serve the purpose of communication between you, your users and the Provider and/or third parties, (iii) through which you can manage your access or your users’ access to the E-Learning Content, and/or (iv) through which the Provider provides the E-Learning Content to you and/or your users.
2.4 „
Credit Note„: a credit note issued by the Provider in such cases in which the Provider was unable to provide a chargeable E-Learning Content in accordance with the contract, in particular if your access or your users’ access to the chargeable E-Learning Content is interrupted for whatever reason. A Credit Note will only be issued if the Provider has collected a fee for the provision of the concerned E-Learning Content. Therefore, no Credit Note will be issued for E-Learning Content that is accessible free of charge.
2.5 „
E-Learning Content„: each and the entirety of the services, such as e-learning modules, live and on-demand e-learning courses, e-learning videos and similar content, including exams, tests and related chat rooms, which the Provider makes available to you and/or your users via the Knowledge Hub.
2.6 „
Login Credentials„: the entirety of usernames and passwords, as well as each individual username and password, which are/is required to access the E-Learning Content and which may be freely selected by the Provider and/or by you or your users depending on technical availability (for example, a username may only be assigned once for technical reasons).
2.7 „
in writing“ or „
written form„: simple text form, including non-qualified digitally signed emails, whereby in the case of hardcopy communications actual access by the recipient, and in the case of electronic communications the mere technical retrievability (but not actual retrieval) is decisive for delivery.
- Registration and Login Credentials
3.1 Before you and your users can access the e-learning content and use the Control Panel, you and/or your users must register in the Knowledge Hub. The registration process particularly includes (i) the collection of your data required for this purpose, such as your contact and billing data in particular, as well as (ii) your consent to the GTC, which you can also save and print out locally.
- During the registration process, you and/or your users can either (partly) freely select your log-in credentials (such as the password in particular) or you and/or your users receive these (partly) from the provider (for example, in an email sent to the email address that you and/or your users provided during the registration process). In the latter case, you and/or your users can then (partially) change the log-in credentials, and you and/or your users should do so in any case regarding the password, for ensuring that the log-in credentials, such as in particular the password(s), are known to you and/or your respective users only.
- The log-in credentials may only be used in accordance with the contract and the GTC and only for the purpose of accessing the Knowledge Hub and the E-Learning Content. You and/or your users may only pass on the Log-In Credentials to employees who are employed by you. The Log-In Credentials may not be passed on to any third party (including direct or indirect subsidiaries and other direct or indirect affiliates) or otherwise disclosed to any third party. Any passing on and other disclosure of the Log-In Credentials is entirely at your own risk, even if you and/or your users are authorized to make such a passing on or other disclosure.
- You and your users must design the Log-In Credentials securely (for example, by selecting a so-called „strong“ password and regularly changing the password accordingly) and keep them safe.
- If it appears to be necessary in the reasonable discretion of the Provider, in particular from an IT security point of view or for preventing a Log-In Credential abuse or fraud attempts, the Provider is entitled to change any Log-In Credential unilaterally without prior notice. In such cases, the Provider will notify you and/or your affected user(s) of new Log-In Credentials via email. Unless there is imminent danger, the Provider will strive to change the affected Log-In Credentials in such a way as to minimize the disruption of access to the E-Learning Content due to the lack of valid Log-In Credentials.
- You and your users are obliged to keep the Log-In Credentials strictly confidential. If you or your users suspect that a Log-In Credential possibly may have become known to a third party, you must inform the Provider immediately in writing, together with an appropriately detailed description of the Log-In Credentials that may have been affected.
- You are liable regardless of fault for any misuse of your Log-In Credentials and/or the Log-In Credentials of your users. This particularly applies to your liability for any fees to be paid to the Provider for the insofar unauthorized access to the E-Learning Content, provided that the unauthorized access takes place with such Log-In Credentials that are attributable to you and/or your users. In the event of abuse of Log-In Credentials, the Provider is entitled to terminate the contract with forthwith effect for cause or to block your access or the access of your users to the Knowledge Hub and the E-Learning Content. In the latter case, the Provider will endeavor to block your access or your Users‘ access to the Knowledge Hub and the E-Learning Content only if the Provider has previously requested you to stop the abuse, and in this case the Provider will also strive to inform you of the consequences of non-compliance with such a request in the same request.
- You are required to always keep your contact and billing details up to date, in particular to enable the Provider to correspond with you regarding the Knowledge Hub and the E-Learning Content.
- Changes to the Knowledge Hub and E-Learning Content
4.1 Due to technical developments and legal aspects (e.g. expiry or other loss of the right to use one or more E-Learning Contents of one or more third parties), the Provider shall be entitled to change, amend and reduce the Knowledge Hub, its functionalities and the E-Learning Content at any time. You agree and accept that the Provider may make such changes, amendments and reductions at any time in its sole discretion, provided that the core functionalities of the Knowledge Hub and the core content of the entire E-Learning Content remain unaffected, which particularly applies to updates and upgrades of the software (including video codecs and other media codecs) underlying the Knowledge Hub and/or the E-Learning Content. The Provider will strive to notify you in advance of any such changes, amendments and reductions.
4.2 You further agree and accept that Provider may, at any time, also make material changes, amendments and reductions to the core functions of the Knowledge Hub and the E-Learning Content (including the core content of the E-Learning Content) whereas Provider will notify you of such material changes, amendments and/or reductions at least 14 days prior to implementation. In the event that such material changes, amendments and/or reductions are unacceptable to you from an objective point of view, you shall be entitled to terminate the affected Contract for cause, and such termination for cause shall be made by registered mail and shall not take effect until such material changes, amendments and/or reductions are actually go live.
Any claims you may have as a result thereof, including any claims for reimbursement, are entirely excluded to the extent permitted by applicable mandatory law.
- E-Learning Certificates
5.1 Some parts of the E-Learning Content as well as some e-learning certificates are offered in or via the Knowledge Hub by third parties, and the Provider has no influence on such content. The Provider’s offers are indicated by a corresponding designation, while offers of third parties do not bear any corresponding designation.
5.2 If you are awarded a certificate based on the consumption of certain E-Learning Content and/or the successful completion of related examinations/tests, you acknowledge that all certificates awarded on the Knowledge Hub are private in nature and do not have a governmental, school, (technical) college or other origin from a recognized educational institution.
5.3 Such certificates therefore only certify that you have consumed a certain E-Learning Content and/or have successfully completed a corresponding examination or test, and such certificates therefore cannot replace any required professional qualifications albeit they may have a possible advertising function for you. Therefore, you remain solely responsible for ensuring that you have all the necessary qualifications and permits required to practice your profession under the applicable law.
- Provider’s License Grant to You
6.1 For the duration of the Agreement, the Provider grants you and your users the non-exclusive, worldwide, non-transferable and non-sublicensable right to access the Knowledge Hub and the E-Learning Content for the purpose of viewing the E-Learning Content via the Internet and taking examinations or tests via the Internet.
6.2 Without the Provider’s prior written consent, you and your users may not reproduce, download, disseminate, distribute, sell, rent, loan, broadcast over wireless or wired networks, recite, present, perform, make available offline or online, edit, translate, disassemble, reverse engineer or otherwise exploit the Knowledge Hub and/or the E-Learning Content.
6.3 Without the Provider’s prior written consent,, you and your users furthermore are not permitted to change, amend, remove or efface any trademarks, other product and/or service marks, designations, company names, trade names, real names, aliases, copyright notices and similar signs which appear on or within the scope of the Knowledge Hub or the E-Learning Content.
6.4 All rights to the Knowledge Hub as well as to the E-Learning Content remain with the Provider or the Provider’s respective licensors, whereby the above license grant shall remain unaffected.
6.5 Any documentation of the Knowledge Hub and the E-Learning Content (such as manuals) are made available to you and your users exclusively in electronic form (e.g., within the framework of one or more so-called FAQs, a section with the designation „Help“ or a similar designation), if such documentation is available at all.
- Minimum Technical Requirements
7.1 You are solely responsible for procuring, maintaining and keeping up to date the minimum technical requirements that you and your users need to access the Knowledge Hub and the E-Learning Content together with its consumption (such as the latest version of a compatible Internet browser, pdf readers, video codecs and other media codecs, an Internet connection with sufficient bandwidth as well as end devices having the necessary hardware requirements). The minimum technical requirements are publicly available on the Knowledge Hub and constitute an integral part of the Contract.
7.2 The Provider is neither responsible nor liable for any incompatibilities between the Knowledge Hub and the E-Learning Content on the one hand and the hardware and software used by you and your users for accessing the Knowledge Hub and the E-Learning Content on the other hand.
7.3 To the extent that access to the Knowledge Hub and/or the E-Learning Content, including the consumption thereof, requires the local installation of third party software (for example Internet browser, browser plug-ins, video codecs, other media codecs, pdf reader), you and your users shall, at your own expense and risk, procure, maintain and keep up to date such third party software, and the Provider’s liability for any such third party software is entirely excluded to the extent permitted by applicable mandatory law.
- Your Content and Your respective License Grant to Provider
8.1 You and your users are solely responsible for any of your Your Content and particularly for ensuring that any of Your Content complies with all applicable laws. In particular, Your Content must not be harassing or inciting; in relation to third party rights, see section 8.3, below. The Provider shall have no duty to review, inspect or otherwise evaluate any of Your Content in connection with its compliance with all applicable laws, nor shall the Provider have any duty to warn you, your users or any third party in this regard.
8.2 You and your Users grant the Provider the irrevocable, perpetual, non-exclusive, worldwide, transferable and sub-licensable right to use any of Your Content and to exploit Your Content in any exploitation manner now known or becoming known in the future. This license grant particularly includes the right to display and make available any of our Content in, via or on the Knowledge Hub, and to reproduce Your Content for backup purposes, as well as to edit any of Your Content to the extent that this is technically necessary in order to display and/or make available any of Your Content via or on the Knowledge Hub (e.g., changing the (file) format, cropping/trimming and otherwise shortening Your Content).
8.3 You and your users guarantee that you/they are entitled to use and exploit any of Your Content on or in the Knowledge Hub, and particularly that you or your users are entitled to enter and upload any of Your Content into/onto the Knowledge Hub. You and your users furthermore guarantee that any of Your Content is entirely free of any third-party rights of any kind, whereas this particularly applies to intellectual property rights (such as copyrights, personality rights, rights to one’s likeness, trademark rights as well as other designation and name rights) and data protection rights.
- Further Obligations on Your Part and on the Part of Your Users
9.1 Throughout the entire use of the Knowledge Hub, including the consumption of the E-Learning Content, you and your users guarantee that you/they will
9.1.1 comply with all applicable laws (such as data protection laws, laws against harassment, incitement and hatred online, etc.);
9.1.2 do not breach any third-party rights, such as intellectual property rights (e.g., copyright and the right to one’s likeness), personality rights and data protection rights in particular;
9.1.3 not commit any acts that could be qualified as obscene, offensive, harassing, inciting or similar;
9.1.4 not use any messenger and/or chat systems available on the Knowledge Hub to send unsolicited messages, such as unsolicited advertising messages;
9.1.5 not take or support any action that may interrupt or otherwise impair the operation of the Knowledge Hub, whereas this particularly applies to the use of viruses, bots, web spiders, web crawlers and other malicious software.
9.2 In the event that you, any of your users or any other person attributable to you or your users breach any of the above obligations, the Provider shall be entitled to suspend your and/or your users‘ access to the Knowledge Hub and the E-Learning Content with immediate effect. The Provider will not reinstate your and/or your users’ access until each of such breaches has been entirely and permanently remedied. This does not affect the Provider’s right to terminate the contract extraordinarily with forthwith effect for cause.
- Fees
10.1 Any fee payable to the provider for access to the E-Learning Content shall be set out in the Contract and paid in advance, unless the Contract stipulates otherwise.
10.2 The interest rate for late payments is 4% per annum.
10.3 You are only entitled to a set-off vis-a-vis the Provider if the Provider has expressly and with Provider’s signature acknowledged your claim, or if your claim has been ultimately awarded to you by a competent court or competent authority. Possible rights of retention on your part are entirely excluded.
10.4 You agree that the Provider may send you any invoices in electronic format (e.g. Pdf) only.
- Access to the Knowledge Hub as well as the e-learning content („Uptime“)
11.1 The Provider shall strive to provide access to the Knowledge Hub and the E-Learning Content at the rate of 99.85% per calendar month („
Uptime“ for short).
11.2 The following circumstances shall not be included in the calculation of the Uptime and therefore are not to be considered „Downtime“, so that you are not entitled to any claims in these cases, whereby this particularly applies to such claims that are based on a delay in performance or default on performance:
11.2.1 routine maintenance windows of which you and/or your users have been informed at least three calendar days in advance via the Knowledge Hub, the Control Panel or by any other means of communication (e.g., via email);
11.2.2 any failure of hardware, software and/or network infrastructure which is beyond the Provider’s control;
11.2.3 force majeure such as cyber-attacks etc.; and/or
11.2.4 any failure caused solely by you, your users and/or any such third party attributable to you or any of your users, which particularly applies to the improper handling of hardware and/or software, the failure to meet the minimum technical requirements and/or the use of incompatible hardware or software.
- Provider’s Limited Warranty and Limited Liability
12.1 For E-Learning Content that is accessible free of charge, the Provider makes no warranties whatsoever and the Provider is not liable for the corresponding free advice, unless the Provider knowingly provides incorrect advice; the entire exclusions of warranty and liability particularly apply to the E-Learning Content meeting your expectations and/or being commercially or otherwise useful or usable for you.
12.2 Otherwise, the Provider only warrants that (i) the Knowledge Hub and the E-Learning Content comply with the technical specifications set out in their respective documentation and (ii) that the Knowledge Hub and the E-Learning Content either originate from the Provider itself or have been duly licensed by the Provider so that the respective offerings and their use do not conflict with any third-party rights. All of Provider’s further warranties are entirely excluded to the extent permitted by applicable mandatory law, and this particularly applies to the uninterrupted and error-free accessibility of the Knowledge Hub and the E-Learning Content.
12.3 In the event that a chargeable E-Learning Content is inaccessible or defective, you or your users must inform the Provider accordingly without delay in writing, whereby this written information must in any case also include a reasonably detailed and comprehensible description of the inaccessibility and/or the defect in question. In the event that the Provider does not receive such information in a timely and/or complete manner, you shall have no claim whatsoever based on the inaccessibility and/or the defect(s), unless the inaccessibility and/or the defect(s) was/were caused by the Provider’s gross negligence or willful intent. In any event, you shall bear the burden of proof for any such non-accessibility and any such defect. The applicability of § 924 of the Austrian General Civil Code (ABGB) is expressly excluded.
12.4 After the Provider has received the above information, the Provider will restore the condition owed under the Contract, and thus your access to the Knowledge Hub and/or the E-Learning Content or rectify the defect(s) as soon as possible. Your sole remedy in such cases is the issuance of a Credit Note by the Provider, and once a Credit Note was issued, all your respective warranty and liability claims against the Provider are entirely discharged, unless the non-accessibility and/or the defect(s) were caused by the Provider’s gross negligence or willful intent. Any Credit Note will be issued for and applied to the next settlement or next settlement-period subsequently following the Credit Note.
12.4 With the exception of personal injury (including death), the liability of the Provider for slight negligence is excluded in any case.
- Final provisions
13.1 The non-assertion of a specific claim does not prevent a party from asserting another claim, and this also applies in the case of repeated non-assertion, which, moreover, is in no way to be construed as a waiver.
13.2 Without the Provider’s prior written and signed consent, you may not assign your rights and/or obligations under the Contract to any third party.
13.3 If any provision of these GTC is or becomes illegal, invalid and/or unenforceable, the remaining provisions shall not be affected thereby in any way, and the illegal, invalid and/or unenforceable provision shall be deemed to be replaced by such legal, valid and enforceable provision which reflects the commercial interests of the parties most closely.
13.4 Any amendment and/or supplement to the Contract shall be made in writing and the same shall apply to any abandonment of this written form requirement.
13.5 The Contract as well as the GTC shall be exclusively governed by the laws of the Republic of Austria with the exception of its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods, which are excluded.
13.6 The exclusive venue for all disputes arising from or in connection with the Contract and/or the GTC is the court with subject-matter jurisdiction for commercial matters that has local jurisdiction for the first district of Vienna (
Innere Stadt). Notwithstanding the foregoing, the Provider shall in any case and at any time be entitled to assert its claims before the court which has subject-matter jurisdiction and local jurisdiction over you.
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