Terms of Use

Terms of Use for Website, Blog,...

General Terms of Use for VERBUND websites

1. Scope and Range of Services

(1) The subject matter of these Terms of Use is the use of the websites (hereinafter referred to as “VERBUND websites”) provided by VERBUND AG (hereinafter referred to as “VERBUND”). The service provider of the VERBUND websites is VERBUND.
(2) On its VERBUND websites, VERBUND offers industry- and company-related information to its customers, business partners and the general public. Furthermore, specific services (e.g. special customer portals) may be offered that are subject to special terms of use and/or require special registration. Such special terms of use shall replace or supplement the Terms of Use of the VERBUND websites and shall have priority over them. 
(3) By visiting and/or using the VERBUND websites you hereby accept the Terms of Use of the VERBUND websites in their respectively effective version. VERBUND shall be entitled to amend these Terms of Use from time to time. 
(4) VERBUND shall be entitled to partially or fully shut down the VERBUND websites and/or change the contents and/or services as required. VERBUND shall assume no guarantee for the uninterrupted availability of the VERBUND websites. Users shall have no right to the use or continued maintenance of the VERBUND websites. 
(5) Unless a user of the VERBUND websites is a consumer in terms of § 1 of the Consumer Protection Act, §§ 9, 10 of the E-Commerce Act shall not be applied.

2. Copyright

(1) Unless otherwise stated, copyright and all related rights of use for all documents (texts, images, graphics and suchlike) published on the VERBUND websites shall be held exclusively by VERBUND. With regard to all rights (e.g. intellectual property rights, copyrights or similar rights), nobody will be granted a licence or any other kind of right based on the utilisation of VERBUND websites. 
(2) The reproduction of documents on the VERBUND websites for personal, non-public and non-commercial use and the utilisation or use of explicitly offered documents shall be excluded from the above provision. Trademarks, designs, images, texts, parts of texts or any other contents published on the VERBUND websites must not be changed, copied, reproduced, utilised, supplemented or utilised in any other manner without prior written approval by VERBUND.

3. Liability

(1) VERBUND may be held liable for damages to the user as a result of the utilisation of VERBUND websites only in the event of wilful intent or gross negligence. Also excluded is any liability for loss of earnings, savings that have not been achieved, lost or changed data, indirect damages or damages resulting from claims of third parties unless otherwise required by mandatory law. 
(2) VERBUND shall assume no liability for incorrect or missing information on the VERBUND websites. The user shall consequently assume sole responsibility for any decisions based on the information made available on the VERBUND websites. VERBUND disclaims, in particular, any liability for direct, specific losses or consequential losses or any other type of damages sustained, arising for whatever reason, from either the direct or indirect use of the information published on the VERBUND websites. 
(3) VERBUND shall assume no responsibility or warranty for any services offered on the VERBUND websites that are arranged, created or otherwise provided by third parties. 
(4) VERBUND has used reasonable endeavours to ensure the accuracy and completeness of the information published on the VERBUND websites at the time it was made available. VERBUND makes no warranty and assumes no guarantees whatsoever for the information published on this website, such as downloads, external links or other content that can be used either directly or indirectly from the VERBUND websites or can be downloaded from these websites. VERBUND shall also reserve the right to make changes or amendments to the information published on the websites without giving prior notice.

4. Availability of the VERBUND websites

(1) VERBUND shall make every effort to operate its VERBUND websites continuously and ensure their accessibility, depending on the available technical, economical, operational and organisational possibilities. 
(2) VERBUND shall assume no warranty or guarantee that the VERBUND websites or their contents are at all available or available without interruption, without error or that errors are corrected. Nor does VERBUND accept any guarantee that the VERBUND websites or auxiliary means (such as the server) are free of viruses or any other harmful components. To the extent legally permissible, VERBUND shall expressly assume no liability whatsoever for any kind of damage arising from making the VERBUND websites or any auxiliary means available. 
(3) VERBUND shall assume no liability for any periods during which the VERBUND websites are not available due to technical or any other type of problems.

5. Financial market information

(1) Any information about the financial market on VERBUND websites, in particular about the VERBUND share, as well as information about any company-related developments, does not constitute legally binding information. None of the information made available represents a call to buy or deal with shares (and/or with any kind of securities).
(2) The VERBUND websites may contain contents with forward-looking statements that are based on the current situation. Such information is subject to high risks, since VERBUND’s business development may be controlled by a large number of external factors over which the company has no control. None of these contents, therefore, represent in any way the basis for decisions to buy or deal with shares.
(3) The prices for the VERBUND share and any related information on the share on VERBUND websites are made available by Investis Flife AG based in Eichendorffstrasse 12 c+d, 97072 Würzburg, Germany. VERBUND shall assume no liability for the accuracy or availability of the data.

6. External Links

VERBUND websites contain external links directing our users to third-party websites. VERBUND has no influence regarding availability, quality and content of linked websites and assumes no responsibility for the content of external websites that may violate prevailing laws or cause some form of damage to the visitors of said websites.

7. Applicable law and place of jurisdiction

These provisions are governed exclusively by the substantive law of the Republic of Austria excluding the conflict-of-law rules of international private law and excluding the provisions laid down in the United Nations Convention on Contracts for the International Sale of Goods (CISG). The competent court of Vienna, Inner City (Innere Stadt), shall have jurisdiction. In the case of disputes with users who are consumers according to § 1 of the Consumer Protection Act, the competent court of the place of residence or habitual residence or employment shall have jurisdiction as provided by § 14 of the Consumer Protection Act.

8. Final provisions 

Should any individual provisions of these Terms of Use be or become totally or partially ineffective or incomplete, this shall not affect the validity or effectiveness of the remaining provisions or parts of such provisions. The invalid provision shall be deemed as replaced by such valid provision that as closely as possible reflects the economic purpose of the invalid provision. 

Comment Regulations

(1) Users have the possibility, following the appropriate authentication process and acceptance of the prevailing comment regulations, to write comments on the VERBUND blog under: www.verbund.com/blog and to therewith participate in online dialogue with VERBUND and other users.
The following comment regulations apply in this case:
(2) Users are to treat each other with mutual respect and common sense and, as such, to refrain from making obscene, abusive, pornographic, pestering, racist, defamatory or other such comments that violate the prevailing Austrian law. Objectiveness in the argumentation and tolerance towards VERBUND and other users and their viewpoints form the prerequisite for valuable discussions on the VERBUND blog.
(3) Users are asked to write their personal opinions and are not permitted to circulate opinions from third parties. Users are fully liable for the content of their comments and are asked to observe the prevailing Austrian law – in particular that which pertains to personal rights and property rights.
(4) Users are invited to submit constructive criticism, insofar as this is argued in an objective manner, supported by data or is in another form conducive to online dialogue. Particularly to be avoided is the posting of sweeping statements and personal attacks against VERBUND employees.
(5) Users are not permitted to wantonly send spam to the VERBUND blog. By this we are referring to targeted posts with one or more identical contents or similar comments from individuals or groups.
(6) Furthermore, users are not permitted to use the comment function for promotional and/or commercial purposes or to abuse the dialogue forum in another way for personal financial gain.
(7) VERBUND is authorised, at any time, in accordance with the company’s own evaluation and without prior information to the user, to delete or shorten users’ contributions or parts of contributions, in the event that these contributions do not comply with the comment regulations or if VERBUND is asked to do so by a third party. In the event of violation of the comment regulations, especially of prevailing laws, VERBUND has the right to initiate legal steps against the user and, if necessary, to communicate data and the contents of comments to the authorities and/or law courts.
(8) Applicable law and place of jurisdiction
Austrian law shall apply exclusively, with the exception of relevant provisions of international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Vienna, unless this contravenes statutory legislation.
(9) Final provisions
In the event that individual provisions of the comment regulations prove to be wholly or partially ineffective or incomplete, the effectiveness of the remaining provisions or part of such provisions remains untouched. An invalid provision will be replaced by a legally valid provision that comes closest to the intended goal.

TERMS AND CONDITIONS of VERBUND Solutions GmbH (hereinafter "VERBUND") for the use of the VERBUND Power Meter App ("Terms"). Valid as at 1 August 2018.

For the avoidance of doubt, the term "user" as used herein comprises both genders. We have abstained from distinguishing between genders in order to make these terms easier to read.

1. Scope of application

These Terms govern the use of the VERBUND Power Meter App ("App"). Whenever the user uses the App, he accepts these Terms, as amended from time to time.

2. Contracting party

This App is operated, its services are offered by, and contracting party in the context of using the App is

VERBUND Solutions GmbH
Europaplatz 2
1150 Vienna

T +43(0)50313 52251
F +43 (0)50313 52299
E solutions@verbund.com

Legal structure: Company with limited liability
Corporate seat: Vienna, Austria
Registry number: FN 410336 k
Registry Court: Vienna Commercial Court
UID: ATU68613734

Place of performance shall be the corporate seat of VERBUND Solutions GmbH in Vienna.

3. Conditions for the use and availability of the App

3.1. In order to use the App, the user must make available a functioning and uninterrupted broadband internet connection (data transfer fees for the user's internet connection may arise). The user has to download the App from the corresponding App stores (iOS, Android). The user must download and use any update, which VERBUND may make available for the App. This is the only way that VERBUND can guarantee the safe use of the App.

3.2. VERBUND is trying to operate and make available the App on a continuous basis, depending on existing technical, economic, operational and organisational possibilities. VERBUND may interrupt access to the App for a reasonable period of time for important reasons, for example for servicing and maintenance.

3.3. VERBUND does not warrant or guarantee that the App or its content is available without interruption, free of errors, or at all or for all available smart phones or operating systems. VERBUND is not liable for times during which access to the App is impossible due to technical or other problems.

4. Scope of use and property rights

4.1. Unless otherwise agreed, VERBUND shall exclusively hold all copyrights and all copyrighted rights to use all files (texts, images, graphics, etc.) of the App. The use of the App does not grant anyone a licence or other rights of use (such as industrial property rights, copyrights and related rights).

4.2. An exception is made for the reproduction of documents or files accessible via the App for personal, non-public and non-commercial use and the exploitation or use of expressly offered materials.

4.3. The user may not or appoint third parties to imitate, sell, rent, loan, sublicence, reproduce with any means or process the App or parts of the App such as trademarks, designs, images, texts, parts of texts and any other App content, nor identify the App’s source code by decompilation, reverse engineering or by any other methods. The user may not do anything to circumvent or deactivate security measures or any other system that permits the use of the App.

4.4. The App is intended for non-commercial use; the following activities are therefore forbidden: automated export and download of data using corresponding programs; attempts to get access to public information or to distort or to suppress information ("hacking") and the use of offered information to be embedded into other mobile applications or websites ("framing", etc.).

5. Liability

5.1. VERBUND shall not be liable for any damage which the user incurs in the context of using the App, except for personal injury or in case damage was caused by intent or gross negligence of VERBUND or any person for which VERBUND is liable. VERBUND is not liable for consequential damage, lost profit, lost interest, loss of savings, lost or changed data, indirect damage or damage due to third-party claims, unless mandatory laws provide otherwise. VERBUND is not liable for viruses, interferences, hacking or other incidents caused by third parties.

5.2. VERBUND is not liable and does not accept any guarantee for errors caused by incorrect or improper installation, abuse, misuse or improper use of the App or interruptions of the internet connection, unless mandatory laws provide otherwise. VERBUND is not liable either for any damage caused by third parties becoming aware of access data due to the customer’s breach of due diligence obligations.

5.3. VERBUND is not liable for inaccurate or missing information in the App. The user therefore has sole responsibility for all decisions made in reliance on information provided by the App. VERBUND is not liable for direct, specific or consequential or any other damage caused - for whatever reason - in connection with the indirect or direct use of information provided via the App.

5.4. VERBUND does not assume any responsibility and liability for any services that are solicited, created or otherwise made available by third parties and are offered via the App.

5.5. VERBUND has made reasonable efforts to guarantee that the information provided via the App is accurate and complete at the time when it is provided. VERBUND assumes no assurance, nor any warranty or guarantee for any information provided via the App, such as downloads, external links or any other content used, directly or indirectly, or retrievable via the App. Furthermore, VERBUND reserves the right to change or modify information provided without prior notice.

5.6. The energy values displayed via the App are not relevant for billing and can deviate from actually billed values. VERBUND assumes no guarantee or responsibility that the energy values displayed via the App actually correspond with those that are billed.

5.7. Except for claims asserted by users who are consumers according to the Consumer Protection Act, claims for the compensation of damage will be statute-barred after expiry of one year from the date on which the injured party becomes aware of the damage.

5.8. The limitations referred to in the preceding paragraphs are applicable also vis-à-vis the legal representatives and/or vicarious agents of VERBUND, whenever claims are asserted directly vis-à-vis them.

6. External links

The App may contain electronic references that allow users access to other information of third providers ("Links"). These Links to third-party information are merely references. VERBUND does not identify with referenced or linked third-party content. VERBUND cannot influence availability, quality and content of external linked websites and does not assume any responsibility for the content of external websites that breach applicable laws or cause any other damage to users. VERBUND’s liability for linked pages is governed by Section 17 ECG. Whoever identifies unlawful content on a linked page should contact VERBUND and VERBUND will immediately remove the Link after review.

7. Final provisions

7.1. All disputes arising out of or in connection with the use of the App shall be referred to the court which has jurisdiction ratione materiae for Vienna, Innere Stadt; users who are consumers according to the Consumer Protection Act are subject to the jurisdiction of their place of residence, their habitual place of abode or their place of employment according to Section 14 Consumer Protection Act. These Terms shall exclusively be governed by and construed in accordance with Austrian substantive law, to the exclusion of the UN Sales Convention and non-mandatory conflict of law rules of international private law; renvoi shall be excluded.

7.2. Should any term hereof be or become invalid or unenforceable, the remaining terms hereof shall remain unaffected. The other parts of the contract shall remain binding. Except in case of consumers according to the Consumer Protection Act, an invalid or unenforceable term shall be replaced by a valid or enforceable term that closest reflects its legal and economic intent.

7.3. Amendments or modifications of these Terms – in case of consumer transactions notwithstanding Section 10 (3) Consumer Protection Act – shall be made in writing (via letter, fax, email). This applies also to any change of this clause.

7.4. Except when users are consumers according to the Consumer Protection Act, VERBUND may transfer and assign obligations under the contract or the contract itself with legal and debt-discharging effect to third parties.

 

To improve legibility and comprehensibility of the VERBUND website, we occasionally make no distinction between women and men when referring to persons. When referring to members of specific groups of persons – e.g. employee, colleague, user – we refer to both men and women in equal manner.