Conditions of use for this website

I. General conditions

1. Scope of application
These Terms of Use (“Terms”) govern the use of websites under the domain and the information contained on the websites (hereinafter collectively referred to as “Information”), which are provided by Novarion Systems GmbH (“Novarion”) for retrieval and use on the Internet. Use of the Information is permitted exclusively in accordance with and within the scope of the following terms and conditions. These terms and conditions may be supplemented, modified or replaced by further terms and conditions in individual cases as determined in more detail. Use shall always be subject to the terms and conditions applicable at the time of commencement of the respective use; the user can call up the current terms and conditions in each case via the corresponding hyperlink. By commencing use, the user agrees to the validity of these terms and conditions. If the User does not agree to the validity of these Terms, the User may not use the information. If Novarion enables the User to download software to its system via Novarion’s websites and/or to receive and/or disseminate information by using Novarion’s systems itself, in particular by using Novarion’s transaction platform (hereinafter collectively referred to as “Additional Services”), the Special Terms for Additional Services set forth below under II. shall apply in addition to and in priority to these General Terms.

2. Designated purpose of use
The information is intended solely for the information of our suppliers, customers and other third parties. It does not contain any binding guarantees, warranties or assurances. Novarion assumes no liability for the accuracy, completeness, quality or reliability of the information or for results that may be obtained from the use of the information, representations or other statements upon which material decisions – e.g., to purchase or use a particular product – should be based. Binding statements can only be made in individual cases upon specific request. Novarion has compiled the information on the websites to the best of its knowledge. However, it is subject to change at any time, in particular to reflect technical or commercial developments or changes in usage and general conditions, including those of a price/commercial nature, without notice or reference to such changes being required.
The information is provided free of charge, unless otherwise specified in individual cases. Novarion reserves the right to change the type and scope of the information, other services and permissions provided at any time and without prior notice, to allow their use in the future only against payment or to discontinue the offer altogether. Insofar as goods or other services can be ordered via the websites, the provider is not Novarion itself, but the third party named in connection with the offer of goods or services, unless expressly stated otherwise. Therefore, a contract is not concluded with Novarion, but with the offering third party. In this case Novarion does not assume any obligations, in particular Novarion does not provide any warranty for these services, neither that they are available nor that the type, number and quality of the services correspond to the order, the idea or other demands and specifications of the user.

3. Copyrights and rights of use
All information on Novarion’s websites is generally protected by law, in particular by copyright, for the benefit of Novarion or third parties by national regulations and intergovernmental agreements. The exploitation, in particular the duplication, distribution, performance, broadcast, making available and other reproduction as well as the processing and transformation are only permitted with the express prior written consent of Novarion or the third party concerned. In particular, information may not be published in whole or in part on third-party websites.
Unless otherwise agreed in individual cases, Novarion grants the user the simple, at any time revocable, non-exclusive, non-transferable right to use the information for his own, non-commercial purposes. Any copyright and similar notices are to be adopted unchanged.

4. Registration
Novarion may make the use of individual or all websites dependent on prior registration. There is no entitlement to a registration by Novarion. In particular, Novarion reserves the right to make websites that were previously freely accessible subject to registration. As far as this is possible and reasonable according to the content and purpose of the pages concerned, Novarion will enable the anonymous or pseudonymous use of the pages. If personal data has to be provided, the user is obliged to provide complete and accurate information and to update the data in case of changes online or, if an online change option does not exist, by written notice to Novarion.
If Novarion grants the user the right of use upon request, Novarion will provide the user with an access code and password (“Access Data”). The Access Data shall be kept secret by the user and may not be disclosed to third parties. If User has reason to believe that his Access Data may have become known to third parties in whole or in part, User shall notify Novarion thereof without undue delay in writing, or, as the case may be, by e-mail (“Blocking Notice”); Novarion will then block the Access Data as soon as possible. Actions or omissions of third parties using the User’s Access Data until the expiration of a reasonable period of time after receipt of the Blocking Notice by Novarion shall be attributed to the User, unless the User proves that he/she is not responsible for such action or omission and that such action or omission would have occurred even if Novarion had exercised due diligence, in particular with regard to confidentiality obligations.
Novarion is entitled to revoke the access authorization at any time by blocking the Access Data without stating reasons, in particular if the User has provided false information for registration, has violated these Terms and Conditions or has breached its duty of care in handling the Access Data.

5. Data protection
The user is aware that the personal data provided by him will be collected, processed and used in accordance with the provisions of data protection law, in particular the Federal Data Protection Act and the Teleservices Data Protection Act. Novarion undertakes to use the data collected, processed and stored during registration and use only within the company and not to pass it on to outside third parties, unless there is a legal or regulatory obligation to do so or the user has expressly consented to such use. Insofar as this is necessary for the processing of contracts concluded online, the user data collected during registration may, however, be forwarded to the respective contractual partners and third parties.

6 Hyperlinks
Novarion’s websites may contain hyperlinks to other websites or documents provided by third parties. Novarion is not liable for the availability, completeness or accuracy of these websites and documents. In particular, Novarion does not adopt these third party contents as its own, as Novarion does not control the linked information and is not responsible for the contents and information provided therein. The user will take his own measures to protect himself against viruses and other destructive data. Third party sites, like Novarion’s websites, may be protected by copyright or other regulations and may be subject to separate terms of use.

7. Liability
Due to the non-binding nature of the information (see in particular section I 2), any liability for the accuracy of the information is excluded.
Novarion is also not liable for damages, regardless of the legal reason, resulting from the use, the impossibility of use or any hardware or software errors of the web pages. Downloading or otherwise obtaining information and data when using the websites is at the user’s own risk. Novarion assumes no liability for the data and information, in particular with regard to their usability, accuracy, completeness and freedom from viruses.
The use is the sole responsibility of the user. Novarion’s liability for any damages resulting from the use of the websites, in particular for business interruption, loss of profit, loss of information and data as well as consequential harm caused by a defect, is excluded, unless liability is mandatory in cases of intent, gross negligence, guarantees of quality or breach of fundamental contractual obligations. Compensation for damages due to breach of material contractual obligations shall, however, be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence.
Liability under the Product Liability Act remains unaffected by the above rules.
Novarion’s liability is also excluded for damages caused by viruses, Trojan horses, hoax viruses or comparable programming, as well as for programs, program parts or codes that cause a similar impairment, destruction or shutdown of systems or parts thereof. The user will take its own measures to protect against viruses and other destructive data.
Novarion’s liability for incorrect transmission of orders, manipulation of these order data by third parties, especially by unauthorized access to Novarion’s networks and systems, or non-transmission of orders is excluded.
As far as Novarion provides telecommunication services, Novarion’s liability for financial losses not caused intentionally is limited to EUR 12,000 per individual case. The maximum liability amount is reduced proportionally if the total amount of liability claims of all injured parties due to one damaging event exceeds an amount of EUR 10,000,000.

8. Choice of law, place of jurisdiction
These Terms of Use and the use of information shall be governed exclusively by Austrian law without any provisions that further refer to other legal systems. The application of the Convention on Contracts for the International Sale of Goods (“UN Sales Convention”) is excluded. The place of jurisdiction shall be Vienna, if the user is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Austria.

9. Other provisions
If a date or time is decisive for declarations and actions, the date and time of the Novarion server shall apply, unless the user proves that the declaration was made or the action was taken at a different time.


II Special Conditions for Additional Services

1. Scope of application
These Special Terms for Software and Information of the User apply in all cases in which Novarion enables the User to download software to its system via Novarion’s websites and/or to receive and/or disseminate information using Novarion’s systems itself, in particular by using the Novarion transaction platform (hereinafter collectively “Additional Services”).
The foregoing General Terms and Conditions shall apply to Ancillary Services without limitation, unless the following terms and conditions contain provisions deviating from them.

2. Copyright
To the extent that Novarion offers the possibility to download software on the Web Sites, the separate provisions provided for this purpose in the individual case shall apply; in the absence of such provisions, the following shall apply: Novarion grants the user the right to create one (1) copy of the software by downloading it on a computer system, to install it and to use it exclusively for personal, non-commercial purposes. The user is not entitled to exploit the software, in particular to reproduce, edit, reverse engineer or transfer it to third parties, without Novarion’s prior written consent. This simple right of use is granted as is, to the exclusion of any liability for defects and any other liability.
The copyright for contributions of participants, for example in catalogs, forums, on bulletin boards and the like, remains with the respective user. However, Novarion is entitled to present the contribution permanently on Novarion’s websites, to distribute it, to keep it available for retrieval by third parties or to use it in advertising of any kind for Novarion in any way in all media.

3. Information of the user
Insofar as Novarion offers the User the possibility to provide information himself or to make use of additional services, this shall be done within the scope of reasonable technical and operational means and the following provisions shall apply in addition:

The user is obliged to provide only such information (including software and other data) that is not confidential, not protected for the benefit of third parties and does not contain any harmful code (e.g. viruses, Trojan horses and the like). The information must be freely usable, in particular no third party rights may exist.
The user is liable for ensuring that the content he/she loads, stores, distributes and/or publishes does not violate applicable law, in particular legal or official prohibitions, or offend common decency.
In particular, the participant may not load, store, disseminate and/or publish any content that violates or may violate the rights of third parties, that is illegal, inciting, pornographic, unsuitable for minors or offensive or may be deemed to be so.
The user may not distribute advertising, viruses or unsolicited e-mails (so-called “spam”) or solicit participation in sweepstakes, snowball systems, chain letters, pyramid schemes and similar actions.
In the event of any reproachable violations, the user shall fully indemnify Novarion from any claims of third parties.
Novarion is entitled to block or delete information posted by the user at any time without notice and without giving reasons.

4. System Usage
If Novarion allows the user to use information technology systems of Novarion, e.g. the Novarion transaction platform, the user is obligated to procure and maintain the necessary requirements (e.g. computer, internet access, browser) for accessing the Novarion system himself, taking into account any technical specifications by Novarion, and to bear the resulting costs. The user must observe the restrictions specified in the individual case (e.g. with regard to the number and length of messages, storage space and the like). Section II 3 in particular applies accordingly to the messages. Novarion is not obligated to provide assistance (support) in or to enable the use of additional services.
Novarion reserves the right to add advertising references to the use of Novarion systems or to Novarion products and services to the information posted by the user or transmitted to third parties (including SMS messages and e-mails). The user is not entitled to remove or suppress such references.
The systems may not be used by means of scripts or software in an automated or semi-automated manner, in particular for mass mailing, but only in accordance with the respective instructions for use. Insofar as the provision of personal information is required (e.g. as sender information or imprint), the user shall provide this information truthfully and completely.
There is no claim to availability or maintenance of the system or the additional services, in particular the Novarion transaction platform. Novarion does not guarantee the immediate dispatch, the undelayed transmission, the deliverability and the access of messages to the recipient.

5. Choice of law, place of jurisdiction
These Terms of Use and the use of information shall be governed exclusively by Austrian law without any provisions that further refer to other legal systems. The application of the Convention on Contracts for the International Sale of Goods (“UN Sales Convention”) is excluded. The place of jurisdiction is Vienna, insofar as the user is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Austria.

Novarion Systems GmbH
Kranichberggasse 6
A-1120 Vienna

Tel.: +43 (0) 1 5441159-0
Fax: +43 (0) 1 5441159-1110

Status: January 2020