General Terms and Conditions for Use of “ADAFFIX”
Scope and Applicability
“ADAFFIX” is a service of adaffix GmbH and is provided to you by adaffix GmbH. These General Terms and Conditions for Use of “ADAFFIX” offers shall apply to all services provided by adaffix GmbH to you. They shall also apply to future transactions, even if they are not expressly referred to.
By installing or running the “ADAFFIX” application you expressly state that you accept these General Terms and Conditions. “ADAFFIX” reserves the right to expand or limit the services offered. If additional features are introduced these Terms and Conditions shall also apply to such additional offers once you use them. These General Terms and Conditions may be adapted if necessary as long as the main duties of the persons involved remain unaffected. For detailed information about the services and our company please see our homepage at www.ADAFFIX.com.
The services of “ADAFFIX” are provided to you free of charge. “ADAFFIX” operates the services with utmost care, reliability and availability. However, “ADAFFIX” does not warrant that the services will be available without interruption, that the desired connections can be established at all times or that the information transmitted is always correct, accurate and complete. The information transmitted to you may also contain advertising information and by using our services you expressly agree to transmission of such advertising information. Your mobile network operator may demand from you data transmission charges for transmission of data from or to your handset via our servers in connection with the services requested by you.
“ADAFFIX” shall not be liable for damage, unless it was caused by “ADAFFIX” or its agents with wilful intent or gross negligence. Any liability for personal injuries shall remain unaffected thereby. Any liability for third-party damages, consequential damages and lost profits shall be excluded. “ADAFFIX” shall not be liable for the content of the data transmitted and the content of data that may be accessed via “ADAFFIX”. “ADAFFIX” reserves the right to block individual offers if statutory provisions, such as the Austrian Telecommunications Act [Telekommunikationsgesetz] or the Austrian E-Commerce Act [E-Commerce-Gesetz] so require or if it is necessary for internal reasons.
By installing or running the “ADAFFIX” software you will obtain a simple licence to use the software in line with its designated use. Any additional granting of rights to use the software shall be excluded. “ADAFFIX” and “adaffix” are corporate identities of adaffix GmbH.
Content made available by you or used by you in connection with a “ADAFFIX” service, such as texts, images, photos or the like, may be subject to the provisions of copyright law or comparable provisions. You expressly agree to only contribute contents to ADAFFIX or to ADAFFIX services with respect to which you hold all necessary rights, including the rights to re-use by ADAFFIX in accordance with the designated use. You shall transfer to ADAFFIX the rights necessary for running the ADAFFIX services, in particular the right of reproduction and the right to keep the content available for public download.
“ADAFFIX” shall not store or otherwise permanently process any personal data which is generated when using ADAFFIX services, unless storing of such data is an express purpose of the respective ADAFFIX service. If you yourself actively store personal data with us, we will use such data exclusively for provision of ADAFFIX services, which shall also include preparation of public telephone directories. By storing data on names, addresses or phone numbers of third parties you declare that you have obtained authorisation from the person concerned for such use of the data. If temporary processing of indirect personal data, including but not limited to connection data as defined in the Austrian Telecommunications Act, is necessary for execution of the service you expressly agree to such data processing. Any other permanent data storage shall be made without any reference to your person or your mobile phone number and shall be made exclusively in an anonymised form for statistical purposes. Any passing on of personal data which concern you and which you have made available to third parties shall be excluded unless it was expressly agreed in these General Terms and Conditions.
The court in Vienna having local jurisdiction and subject-matter jurisdiction shall have jurisdiction regarding any disputes; applicability of Austrian law shall be deemed agreed and UN Sales Law and the conflict of laws rules of private international law shall be excluded. If you have used services of “ADAFFIX” as a consumer, the court of your general place of jurisdiction shall have jurisdiction. Any and all notifications and statements regarding the present contractual relationship given or made outside regular service processing shall be valid only if they are given in writing or in an e-mail message that is expressly confirmed by ADAFFIX and in the case of amendments to the contract if they have been accepted by the recipient in the same way.
Last update: June 2009