GENERAL TERMS AND CONDITIONS

The General Terms and Conditions were last updated on November 25, 2022.

1. introduction

These Terms and Conditions apply to this Site and to transactions related to our products and services. You may be bound by additional contracts that relate to your relationship with us or to products or services you receive from us. If any provisions of the additional agreements conflict with any provisions of these Terms, the provisions of those additional agreements will prevail.

2 Binding nature

By registering, accessing or otherwise using this Website, you hereby agree to be bound by these Terms and Conditions set forth below. The mere use of this website implies knowledge and acceptance of these Terms and Conditions. In certain cases, we may also ask you to expressly agree.

3. electronic communication

By using this Website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our Website or send you an email, and agree that all agreements, notices, disclosures and other communications that we send to you electronically comply with all legal requirements. Also includes, but is not limited to, the requirement that such communications be in writing.

4 Intellectual Property

We or our licensors own and control all copyright and other intellectual property rights in the Site and the data, information and other resources displayed or accessible on the Site.

Except as otherwise provided in specific Content, you are not granted any license or other right under any copyright, trademark, patent or other intellectual property right. This means that you may not use, copy, reproduce, perform, display, distribute, embed in an electronic medium, modify, reverse engineer, decompile, transmit, download, transfer, monetize, sell, market, or commercialize any resources on this Site in any form without our prior written permission, except and only to the extent otherwise provided in the provisions of mandatory law (such as the right to be quoted).

5 Third Party Ownership

Our website may contain hyperlinks or other references to websites of other parties. We do not monitor or review the content of other parties‘ websites referenced from this Website. Products or services offered by other websites are subject to the terms and conditions of those third parties. Opinions or materials expressed on these websites are not necessarily shared or endorsed by us.

We are not responsible for any privacy practices or content of those websites. You bear all risks associated with your use of these websites and any related third party services. We are not responsible for any loss or damage of any kind resulting from your disclosure of personal information to third parties.

6 Responsible use

By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms, additional agreements with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You may not use our website or services to use, post, or distribute material consisting of (or linked to) malicious computer software. Use data collected on our website for direct marketing activities or engage in systematic or automated data collection activities on or relating to our website.

Engage in any activity that causes or may cause damage to the Website or interfere with the performance, availability or accessibility of the Website is strictly prohibited.

7. submission of ideas

Do not submit any ideas, inventions, works of authorship or other information that may be considered your own intellectual property that you wish to present to us unless we have previously signed an intellectual property agreement or non-disclosure agreement. If you do so without such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media .
8 Termination of Use

We may, in our sole discretion, modify or discontinue, temporarily or permanently, access to the Site or any service thereon at any time. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of your access to or use of the Site or any Content you may have shared on the Site. You will not be entitled to any compensation or other payment even if certain features, settings and/or Content that you have contributed or relied upon are permanently lost. You may not circumvent or attempt to circumvent any access restriction measures on our website.

9. warranties and liability

Nothing in this section limits or excludes any warranty implied by law, the limitation or exclusion of which would be unlawful. This Website and all Website Content are provided „as is“ and „as available“ and may contain inaccuracies or typographical errors. We expressly disclaim any express or implied warranties of any kind as to the availability, accuracy or completeness of the content. We make no warranty that:

This website or our content will meet your requirements.
This website will be uninterrupted, timely, secure or error-free.

Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional.

The following provisions of this section apply to the maximum extent permitted by law and do not limit or exclude our liability with respect to any matter that would be illegal or unlawful for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss of or damage to data, software or database, or loss of or damage to property or data) suffered by you or any third party arising out of your access to or use of our website.

Except as otherwise expressly provided in any additional agreement, our maximum liability to you for any damages arising out of or related to the Site or any products or services marketed or sold through the Site, regardless of the form of legal action imposing liability ( whether in contract, equity, negligence, willful misconduct, tort or otherwise) will be limited to the total price you paid to us to purchase such products or services or use the Site. This limitation applies in the aggregate to all of your claims, actions and causes of action of every kind and nature.

10. privacy

In order to access our Site and/or Services, you may be required to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and current.

We have developed a policy to address any privacy concerns. For more information, please see our Privacy Policy and Cookie Policy.

11 Accessibility

We are committed to making the content we provide accessible to people with disabilities. If you have a disability/impairment and are unable to access any part of our website because of it, we ask that you send us a message detailing the problem you are experiencing. If the problem can be easily identified and resolved according to industry standard information technology tools and techniques, we will resolve it promptly.

12 Export Restrictions / Compliance with Laws

Access to the Website from territories or countries where the content or purchase of products or services sold on the Website is illegal is prohibited. You may not use this Website in violation of the export laws and regulations of Austria.

13. assignment

You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section shall be void.

14. breaches of these terms and conditions

Notwithstanding our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to address the breach, including temporarily or permanently blocking your access to the Site and contacting your Internet service provider with a request to block your access to the Site and/or take legal action against you.

15 Force Majeure

Except for the obligation to pay, any delay, failure or omission by a party in performing or complying with any of its obligations under this Agreement shall not be deemed a breach of these Terms and Conditions if and so long as such delay, failure or omission is due to any cause beyond the reasonable control of such party.

16. indemnification

You agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, damages, losses and costs related to your breach of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses in connection with or arising out of any such claim.

17 Waiver

Failure to enforce any provision of these Terms and Conditions and any Agreement, or failure to exercise any termination option, shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any such Agreement, or any part thereof, or the right thereafter to enforce any provision.

18. language

These General Terms and Conditions shall be interpreted and construed exclusively in German. All notices and correspondence shall be written exclusively in this language.

19. complete agreement

These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Jörg Westerkamp with respect to your use of this Website.

20. updating these terms and conditions

We may update these Terms and Conditions from time to time. You are required to check these Terms and Conditions periodically for changes or updates. The date specified at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will be effective when such changes are posted on this Site. Your continued use of this Site following the posting of any changes or updates will be deemed to indicate your agreement to be bound by these Terms and Conditions.
21 Choice of Law and Venue

These Terms and Conditions shall be governed by the laws of Austria. The courts of Austria shall have jurisdiction over any dispute relating to these Terms and Conditions. If any part or provision of these Terms and Conditions is found by any court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible to effect the intent of these Terms and Conditions. The remaining provisions shall not be affected.

22. contact information

This website is owned and operated by Jörg Westerkamp .

You may contact us regarding these Terms and Conditions in writing or by email at the following address: Joerg Westerkamp
Johnstrasse 63/22
1150 Vienna

23. download

You can also download our terms and conditions as a PDF file.