Before you use this website please read carefully the General Terms and Conditions of use.
1. Authorisation:
In using the website you expressly agree to accept the following Terms and Conditions of Use. We therefore recommend that you read these General Terms and Conditions of Use carefully and exactly. If you do not agree to these General Terms and Conditions of Use or parts thereof please do not use this website.
2. Using the Website:
Fabasoft International Services GmbH ("Fabasoft") grants you the right to view and download contents of this website solely for personal use and not for commercial purposes. The contents of this website are protected by copyright; no protection marks, including ®/© marks, must be altered in any way.
3. Registration, Password:
Some pages of the Fabasoft website may be protected by a password. In the interest of business exchange security these pages can be accessed only by registered users. "Fabasoft" is not obliged to grant registration. "Fabasoft" also reserves the right to add the registration function to websites that were previously freely accessible and revoke access rights by locking access data even without having to specify on what grounds.
If registration is required, all information provided is to be accurate and truthful and "Fabasoft" is to be notified forthwith of any alterations that are made later. To enable "Fabasoft" to contact you please ensure that you actually receive the emails which are sent to the email address specified by you.
Legally binding declarations from Fabasoft may (unless a request in writing is required explicitly) be sent by Fabasoft to the e-mail address specified at the time of registration. These take effect immediately on entering the user's mailbox.
Once registration is complete you receive a user name that corresponds to your e-mail address and a password of your choice (= access data) if available.
Your access data enables you to make use of services offered within the scope of the website (e.g. place orders) and submit other legally binding declarations. There is no further authorisation through an additional signature or other codes, unless stipulated expressly by Fabasoft on a case-to-case basis. Anyone who receives authorisation by entering the access data is (irrespective of their internal legal relationship with the respective user) entitled by Fabasoft to submit legally binding declarations for the user. Fabasoft is not obliged to carry out any further examination of the authorisation.
The user is obliged to treat his or her access data as confidential. The user is liable for any attributable losses including consequential losses suffered by Fabasoft or third parties due to authorised or unauthorised use of access data, in particular as a result of inadequate confidentiality or disclosure to third parties.
The user has the possibility to have his or her access data suspended (registration deleted) and is obliged to do so if he or she suspects that they could fall into unauthorised hands. The suspension (deletion) is to be carried out immediately and electronically by the respective user or by sending an e-mail to web@fabasoft.com and additionally in every case by telephone on +43 (732) 606162-0; the customer acknowledges that the suspension is possible only during Fabasoft's regular office hours (Mon to Fri from 8am to 5pm CET). Fabasoft is not obliged to examine the identity of a person requesting suspension.
"Fabasoft" will then delete all user data and any other personal data relating to you. Should the deletion have an effect on an ongoing contractual relationship, the contractually agreed contents shall apply.
4. Intellectual Property:
The entire contents of this website (including all documents and texts) and all rights – including but not restricted to – of copyright, author, user, labelling, patent or brand/trademark remain the property of "Fabasoft" or its licensors.
The contents of this website must not in any way be construed in such a way that would transfer the license or title of a copyright, patent, trademark or other protective right from "Fabasoft" or a third party whether implied, by estoppel or in any other way.
All trademarks specified are registered trademarks of Fabasoft AG.
The copying, processing, forwarding and any other use of the contents is not permitted unless prior written permission has been obtained.
5. Using the Logo:
Use of the protection trademarks of Fabasoft AG, in particular name, company, brands, logo, is permissible only with express authorisation in writing from "Fabasoft".
6. Privacy:
"Fabasoft" agrees to protect personal data which are provided in the granting of access to and use of the website in keeping with legislation.
On the whole the website may be visited without providing information on the identity of the user. For some offers of information we ask our visitors to provide personal information required for certain purposes, such as to be able to send visitors the required information or to enable a registration which is necessary to receive certain information and uses. This information is used exclusively for the purposes specified and we are not entitled to use it for any other purposes except these unless the visitor has granted permission.
To protect personal data against unauthorised or improper access "Fabasoft" uses electronic and administrative security measures. Only employees of the Fabasoft Group who are involved in the processing of requests or registrations are granted the right of access to personal data.
7. Exemption from Liability:
This website and its contents are provided "as given" and "as available". You hereby expressly agree that the use of this website is at your own risk. You understand and accept that you alone are responsible for any losses in respect of your company activities, your computer system or for any loss of data which may arise due to access to, the use of or the downloading of the website.
"Fabasoft" rejects any form of warranty, be it explicit or legal, to the maximum permissible extent under applicable legislation, including all assurances of general utilisation activities, suitability for a certain purpose or non-infringement of law.
"Fabasoft" accepts no responsibility that this website or its contents fulfil the requirements of its visitors or that the website and its contents are available without interruption, to schedule, reliably or without error, or that any errors are corrected. Nor does "Fabasoft" accept any responsibility for consequences that arise through the use of the website or its contents or for the accuracy, completeness or reliability of the information offered on the website.
Under no circumstances, not even in the case of negligence, may "Fabasoft" be held responsible for any direct, indirect, accidental or special losses or consequential losses resulting from the usability or non-usability of the website or its contents, unauthorised access, data change or other information that is sent or received or not sent or received, including but not restricted to losses as a result of loss of earnings, data loss or other immaterial values, even if "Fabasoft" has been made aware of the likelihood of such losses. This does not apply in the case of intention and where liability is stipulated by law.
If using this website or the contents offered herein result in you having to service, repair, replace or amend in any other way your equipment or your data, "Fabasoft" cannot accept any costs incurred in doing so.
8. General Points, Court of Jurisdiction, Applicable Law:
This website is managed, operated and administrated by "Fabasoft" from its location in Austria. "Fabasoft" gives no information on whether the website contents are also suitable or available for use outside Austria or whether access to the website may be forbidden in other countries. While using the website you are obliged to comply with Austrian laws and regulations. If you use the website outside Austria, this is your decision and you are responsible for the compliance with the local laws in force.
These terms and conditions and any situation which arises due to or in connection with them are governed by Austrian law. If parts of the General Terms and Conditions of Use are invalid, this does not affect the validity of the rest. A different clause, which is closest in terms of business practice and its intention, will then be substituted mutually for the ineffective clause.
Linz is the exclusive court of jurisdiction.
