Wire Rope App Conditions of Use
Conditions of Use “Ablegereife App” of TEUFELBERGER Seil Gesellschaft m.b.H.
1.1. The following Conditions of Use govern the business relationship between the user and Teufelberger Seil Gesellschaft m.b.H. (hereafter abbreviated as “Teufelberger”) in connection with use of the “Ablegereife” app (hereafter abbreviated as “APP”). Use of the app is permitted only providing the user accepts these Conditions of Use as well as the privacy statement, and confirms that he/she neither is a consumer within the meaning of § 1 KSchG (Austrian Consumer Protection Act) nor will he/she use the APP as a consumer within the meaning of § 1 KSchG (Austrian Consumer Protection Act).
1.2. The APP serves as a guiding tool to assess the discarding of wire ropes. The calculation results of the rope inspection wizard depend on the data entered by the user. The user is guided through the data-entering process by description, and can attach a picture for a more precise evaluation. The APP’s calculation is based on the ISO 4309 standard and provides supporting information on the discarding of wire ropes. The APP provides guidance only on discarding of wire ropes, but this cannot be a substitute for inspections or maintenance prescribed by law or other regulations.
1.3. The user accepts these Conditions of Use by actively marking the checkbox “I have read and hereby agree to Teufelberger’s Conditions of Use”. He/she agrees with the separately-issued privacy statement by actively marking the checkbox “I have read and explicitly agree to Teufelberger’s privacy statement”, and confirm not to make use of the APP as a consumer by marking the checkbox “I hereby confirm not to be a consumer within the meaning of §1 KSchG (Austrian Consumer Protection Act) and agree to use the APP as a company, not as a consumer within the meaning of § 1 KSchG”.
2. Scope of performance
2.1. Downloading of the APP is possible for any person. Use of the APP requires prior registration by the user. For registered users, the entire functional range of the APP is available free of charge. The functions “Contact us” and “Maintenance” are available without registration.
2.2. Registration is limited to natural persons and legal entities that are not considered as consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz). The following information is required for a registration: e-mail address and password as well as marking the checkboxes mentioned under point 1.3. The user is required to make complete and accurate statements, and to update any changes concerning these data.
2.3. The account will be activated after completion of registration, which will be confirmed to the user by e-mail on completion of the registration process. By transmitting personal access data to the user, an agreement between the user and Teufelberger regarding use of the APP is made. Use of the APP is governed by these Conditions of Use.
2.4. The user can log in using his/her e-mail address and chosen password. In the event of a log-in error, a message will be displayed. In addition, there is a button marked “Reset password” available, which enables the user to request a new login password.
3. Usage rights
The APP is protected copyright of Teufelberger. Teufelberger grants the user the non-transferrable, non-exclusive, right to use the APP within the scope of these Conditions of Use. The user may at no time distribute, lease or in any other manner surrender the APP to third parties. Information, brand names or other contents may not be changed, copied, reproduced, sold, leased, used, modified, or otherwise exploited without Teufelberger’s prior written consent.
4. User’s obligations
4.1. The user may not behave contrary to morality as a user, may not use the APP for unlawful purposes, may not breach industrial property rights or copyright, and may not transmit viruses or other aggressive program code that could cause prejudice to Teufelberger.
4.2. Proper storage of all access data shall be the sole responsibility of the user. Transfer of any data to a third party is prohibited.
4.3. Teufelberger is entitled to block access, in particular if the user breaches these Conditions of Use.
The APP may contain hyperlinks to web pages of third parties. Teufelberger does not accept liability regarding the links provided on its website, nor does it adapt their contents, because the content of those websites is not controlled by Teufelberger. Use of those websites shall take place entirely at the user’s own risk.
Downloading of the APP is free of charge. Any charges made by personal telecommunications or network suppliers (roaming, basic fees, connection charges) must be paid exclusively by the user. Teufelberger will not accept any liability for any kind of costs in this respect.
7.1. Since the provision of this APP is free of charge, any liability or guarantee on the part of Teufelberger for any kind of prejudice or loss is – as far as legally permissible – excluded.
7.2. Teufelberger does not accept any liability for direct or indirect prejudice, consequential prejudice or financial loss (in particular profit or interest forgone), and in particular – but not restricted to - that result from input errors or wrong or incomplete data entry by the user. Liability for minor negligence and simple gross negligence, compensation for consequential loss, financial loss, savings forgone, interest forgone or prejudice resulting from third-party claims against the user are explicitly excluded. The APP provides only guidance on discarding of wire ropes, but this cannot be a substitute for inspections or maintenance prescribed by law or other regulations.
7.3. Teufelberger strives to keep the APP’s functions up-to-date, but accepts no liability, nor gives any guarantee that the information or service of the APP is complete, correct or up-to-date. Teufelberger cannot be required to provide particular services or documents at a given time.
7.4. Teufelberger accepts no liability, nor gives any guarantee of the availability, provisioning or lasting function of the APP. Teufelberger reserves the right temporarily or permanently to discontinue the operation of the APP. No claim by the user against Teufelberger shall result from such an eventuality.
8. Final clauses
8.1. These Conditions of Use apply during the entire period of consistent and effective access by the user to the APP.
8.2. Austrian law shall apply exclusively, to the exclusion of any rules of conflict and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The enforcement by the user of any contrary conditions is explicitly refused.
8.3. The sole place of jurisdiction for all law cases in connection with or arising from this agreement shall be the competent court at Wels.
8.4. Should individual clauses of this agreement be or become invalid, the parties to the agreement undertake to replace the invalid clause with one they would have chosen if they had been aware of the reason for such invalidity on signing the agreement.
8.5. Teufelberger reserves the right to amend these Conditions of Use unilaterally (right of modification). In this event, the user will receive a message by e-mail at the latest 4 weeks before the date of entry into force. The amendments will be deemed accepted unless the user objects to them by an e-mail to the following address: [email protected] - within the said 4 weeks.