Terms of Use

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 website (hereinafter referred to as “VERBUND Website”) provided by VERBUND AG and/or one of its subsidiaries (hereinafter referred to as “VERBUND”).
(2) On its website, 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 Website and shall have priority over them.
(3) By visiting and/or using the VERBUND Website you hereby accept the Terms of Use of the VERBUND Website in its 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 website and/or change the contents and/or services as required. VERBUND shall assume no guarantee for the uninterrupted availability of the VERBUND Website. Users shall have no right to the use or continued maintenance of the VERBUND Website.
(5) Unless a user of the VERBUND Website 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 for all documents (texts, images, graphics and suchlike) published on the VERBUND website 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 license or any other kind of right based on the utilization of VERBUND websites.
(2) The reproduction of documents for personal, non-public and non-commercial use and the utilization 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 website must not be changed, copied, reproduced, utilized, supplemented or utilized 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 website. The user shall consequently assume sole responsibility for any decisions based on the information made available on the VERBUND website. 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 website.
(3) VERBUND shall assume no responsibility or warranty for any services offered on the VERBUND website 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 website 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 website or can be downloaded from this website. VERBUND shall also reserve the right to make changes or amendments to the information published on the website without giving prior notice.

4. Availability of the VERBUND website

(1) VERBUND shall make every effort to operate its website continuously and ensure its accessibility, depending on the available technical, economical, operational and organizational possibilities.
(2) VERBUND shall assume no warranty or guarantee that the VERBUND website or its 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 Website 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 damages arising from making the VERBUND website or any auxiliary means available.
(3) VERBUND shall assume no liability for any periods during which the website is 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 Website 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 Law, the competent court of the place of residence or habitual residence or employment shall have jurisdiction as provided by § 14 of the Consumer Protection Law.

8. Final clauses

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.

Specific Terms of Use for VERBUND Online Services

valid as of July 2016

1. Scope of Validity and Services

(1) The subject matter of these General Terms and Conditions of Use (hereafter referred to as "Terms of Use") is the use of the VERBUND Online Account (hereafter referred to as "Online Account"), by means of which the registered user acquires access to the VERBUND Online Services (hereafter referred to as "Online Services"). The Online Services offer the user access to online billing statements, an overview of orders, and the opportunity to manage data and products and information about products and services by VERBUND AG (hereafter referred to as "VERBUND").

(2) The Online Services are accessible free of charge for VERBUND customers and other registered users (hereafter referred to as "users"). The use of the Online Account and the Online Services is provided only for the user's own purposes. Commercial use, especially the transmission of data to third parties, with or without payments, is prohibited. Use is permissible and possible only upon successful registration by the user. There is no legal claim to the use of and continued access to the Online Account and Online Services. VERBUND can modify the scope of the Online Services at any time.

(3) Terms of use shall apply for current and future services in connection with the Online Services. They can also be found on the website www.verbund.com. Individual services may be subject to specific conditions of use and/or agreement.

(4) In the event of discrepancies, specific conditions of use and/or agreement shall prevail before general terms and conditions. Should individual provisions of these Terms of Use contradict certain provisions contained in the contract concluded between VERBUND and the user, the terms of the contract shall apply. The validity of the other provisions contained in the Terms of Use shall remain unaffected.

 

2. Change in Terms of Use

VERBUND is entitled to modify its terms of use at any time. The user will be informed in a timely manner online via Online Services or in any other suitable electronic way. You can unsubscribe from your Online Account at any time in writing or by email toservice@verbund.com, by stating your user name.

 

3. Registration for the Online Account

(1) Registration is carried out in the web shop on the www.verbund.com website. After entering an email address and personal data (form of address, first and last name), an Online Account for the user is created, which makes access to the Online Services possible. Before the Online Account is created, the user confirms acceptance of the currently valid Terms of Use by checking a box. After the Online Account has been created, the user receives a confirmation per email at the address that was entered. The registration process is concluded after the user has defined a self-chosen password.

(2) For users who would like to create their own Online Account, the following data are necessary for registration:

 - First and last name
- Form of address
 - Title (optional)
 - User name (self-chosen)
 - Password (self-chosen)
 - Email address

 

After creating the Online Account, the user receives a confirmation with an activation link, via email to the email address the user has provided. The activation link loses its validity after 120 hours, counted from the moment it is sent, if the activation is not performed during this time period. Following successful activation the user has access to the Online Services by means of the Online Account.

 

4. Provisions for "Online Billing Statements"

(1) The "Online Billing Statements" service offers the user the option of having his or her bills or instalment notices (hereafter referred to as "billing statements") delivered online and retrieving them online. If the user gives his or her consent to this type of invoicing when concluding a contract with VERBUND, then the user waives delivery of paper billing statements by the post office, fax or email.

(2) In the case of consent to electronic communication with VERBUND, the legally effective delivery of the billing statement by VERBUND occurs when it is provided for download as a pdf file in the Online Services.

(3) The billing statement provided for download via Online Services accords with § 11 Section 2 Value Added Tax Act 1994. VERBUND is not required to archive billing statements to fulfil possible legal or contractual archiving obligations of the user. VERBUND forwards billing statement duplicates in paper form to the user via the post office at the user's request.

(4) The user is obligated to inform him- or herself regularly (at least once per month) about the receipt of new billing statements in Online Services. Separate information by VERBUND via email, to the email address most recently communicated by the user, pertaining to the existence of new billing statements is merely an extra service. VERBUND will not send separate information about ongoing instalment notices.

(5) Billing statements that are provided in Online Services are deemed delivered from the point in time when the user could retrieve them under normal circumstances. Billing statements will be left online for at least eight months following termination of a contract with VERBUND.

 

5. Termination of the Rights of Use / Blocked Access / Deregistration

(1) Upon termination of the contract with VERBUND, the Online Services can be used for at least 8 more months. After that, VERBUND reserves the right to deactivate access to the Online Services and to delete the user data. For users who are not VERBUND customers, VERBUND has the right to deactivate access to the Online Services, observing a notice period of four weeks.

(2) VERBUND shall further be entitled to block access to the Online Services with immediate effect on substantial grounds. Such substantial grounds are given, in particular, in the event of a breach of the Terms of Use, if ordered by authorities or courts, in the event of failure to pay as per the VERBUND contract following an unsuccessful reminder, in the event of loss of access data (user name, password), and if there are other circumstances that indicate unlawful use of the Online Account.

(3) Users can deregister from the Online Account at any time in writing or via email to service@verbund.com, stating the user name.

(4) The user shall be notified of the blocked access to the Online Services or deactivation of access as per Item 1 of the last clause, by email (sent to the email address last provided).

 

6. Due Diligence of the User

(1) When using the Online Account and Online Services on the internet, the user shall apply the greatest possible diligence and ensure the use of adequate security precautions, specifically of an antivirus programme, shall observe all of the relevant laws or other legal regulations, in particular industrial property rights and copyrights, and shall not enter or send any data or information that would be contrary to accepted morality.

(2) The user is obligated to keep access data (user name, password and similar) secret, and not to forward such data to third parties. In the event of loss of access data, or if there is reason to suspect these data are being used by an unauthorised person, the user is obligated to notify VERBUND immediately in writing, by telephone at 0800 210 210 or by email at service@verbund.com. VERBUND shall have access blocked as quickly as possible and provide the user with new access data.

(3) Furthermore, the user shall ensure that the data entered for Online Services are always up to date, complete and correct. In the case of any changes and/or incorrect data, particularly of personal data such as email address or similar, the user is required to make these changes him/herself in Online Services as soon as possible. If this is not possible, the user is required to notify VERBUND of any changes without delay in writing, by telephone at 0800 210 210 or by email at service@verbund.com.

(4) The user shall indemnify and hold harmless VERBUND against any claims from third parties due to the violation of the mentioned obligations as well as in the event of unlawful behaviour in connection with the registration.

 

7. Data Processing

VERBUND will store and process the user data communicated during registration (email address, first and last name) as well as further data the user communicates in the course of using Online Services, according to the valid legal provisions of the Data Protection Act, in order to process the Online Services as agreed upon and to fulfil its legal obligations.

 

8. Availability of Online Services

(1) VERBUND shall make every effort to operate the Online Services continuously and to ensure its accessibility, depending on the available technical, economical, operational and organisational possibilities.

(2) VERBUND is entitled to interrupt access to the Online Services for a reasonable period of time for important reasons, such as service and maintenance work.

(3) VERBUND shall assume no liability for any periods of inaccessibility due to technical or any other type of problems.

 

9. Cookies

Like many other Website operators, VERBUND uses so-called "cookies". When you use Online Services, cookies are currently used in order to optimally display the website. By registering and activating the access to Online Services, the user agrees to the use and storage of all cookies required to ensure the functionality of the Online Services.

 

10. Liability

(1) VERBUND may only be held liable in the event of wilful intent or gross negligence, with the exception of injury to persons. In the case of companies, as defined by the Consumer Protection Act, any liability for loss of earnings, savings that have not been achieved, lost or changed data, indirect damages or damages resulting from third-party claims shall be excluded, unless otherwise required by mandatory law.

(2) VERBUND shall not be liable for any damages arising from misuse or inappropriate use of the Online Account, incomplete or inaccurate information or non-observance of due diligence requirements as specified in the Terms of Use on the part of the user. Any liability for damages arising from third parties gaining knowledge of the user name and password due to the user's lack of due care shall also be excluded.

(3) In the Online Services, VERBUND also offers services that are supplied, created or otherwise made available by third parties. Such services are indicated by a corresponding label. VERBUND shall assume no liability for such services.

 

11. Applicable Law and 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. The competent court of Vienna, Inner City (Innere Stadt), shall have jurisdiction for any disputes arising from this agreement. In the event of lawsuits taken against users who are consumers as defined by the Consumer Protection Act, this shall be the court having jurisdiction over their place of residence, permanent place of residence or their workplace pursuant to § 14 Consumer Protection Act.

 

12. Concluding Provisions

(1) In case of enquiries or complaints, the Online Services as well as our free-of-charge service line are available to our users at 0800 210 210 or service@verbund.com.

(2) The content (texts, images, graphics or similar) and structure of Online Services are protected under copyright and/or trademark law. Any utilisation or use is not permitted without approval of VERBUND. Materials explicitly offered for utilisation or use are exempted from this.

(3) Any declarations relating to contracts with VERBUND (particularly cancellations or declarations concerning billing) in the form of notifications sent by the user via Online Services, shall be ineffective. Exceptions are such declarations for which corresponding forms are provided for download via Online Services, or such declarations for which a dedicated electronic dialogue option is available in Online Services.

(4) Should any individual provisions of these Terms of Use be totally or partially ineffective or incomplete, this shall not affect the validity or effectiveness of the remaining provisions or parts of such provisions. The parties undertake to replace any invalid or unenforceable provision with a provision that as closely as possible reflects the legal and economic purpose of the invalid provision.

 

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General Terms of Use for VERBUND "Online Account" for Business Customers of VERBUND Sales GmbH

Valid from 1.7.2010

1. Scope of Validity and Performance

(1) The subject matter of the general terms and conditions of use (hereafter referred to as "terms of use" is the use of the "Online Account" for business customers (hereafter referred to as "Online Account"), which is made available online by VERBUND Sales GmbH (hereafter referred to as "VSA") at www.verbund.at.
(2) The "Online Account" is available for free use only to customers of VSA, who are consumers in compliance with the Consumer Protection Act (hereafter referred to as "user"). The use of the "Online Account" is provided for the user's own benefit only; commercial use, especially the transmission of data to third parties, with or without payments, is prohibited. Use is permissible and possible only upon registration and access activation by the user. Initial and continued access of the "Online Account" does not constitute a right of the user's.
(3) Terms of use shall apply for current and future services in connection with the "Online Account". Individual services may be subject to specific conditions of use and/or agreement. Moreover, specific user information in the different service areas of the "Online Account" is to be paid attention to.
(4) In the event of discrepancies, specific conditions of use and/or agreement shall prevail before general terms and conditions.

2. Change in Terms of Use

VSA is entitled to change its Terms of Use and/or the scope of its online services offered through the "Online Account" at any time. Users are notified online via their "Online Account" or in any other suitable electronic way in due time.

3. Registration for Online Service

VSA will send the access data necessary for using the Online Account personally to the user by post or e-mail. The use of individual services may lead to further registration requirements. The access data may only be used by the user. Transferring such data to others is not permitted.

4. User Administration/Authorisation Assignment

(1) In the course of Online Account user administration, users can assign rights to other persons to use the Online Account (in the context of Power Supply Agreements). In such cases, the Terms of Use governing the Online Account shall automatically apply to the new user upon assignment of such authorisation. The user granting the right shall have the duty to ensure that any newly authorised users are made aware of these Terms of Use. Any further authorisation assignment shall exclusively be the responsibility of the user. VSA shall assume no liability or responsibility for such assignment of rights. The authorised users are listed in the "User Administration" area.
(2) VSA is entitled to object to the transfer of rights of use relating to the Online Account and may – in individual cases – cancel already granted rights.

5. Termination of Rights of Use/Deactivation of Access

(1) Upon termination of your Power Supply Agreement, access to the Online Account will be deactivated.
(2) VSA shall be entitled to block access to the Online Account with immediate effect on substantial grounds. Such substantial grounds are given, in particular, in the event of a breach of the Terms of Use, if ordered by authorities or courts, in the event of failure to pay under the Power Supply Agreement following an unsuccessful reminder, in the event of loss of access data (username, password) or if there are other circumstances that indicate unlawful use of the Online Account.
(3) Users can unsubscribe from the Online Account at any time in writing (by letter, fax, e-mail).
(4) VSA shall be entitled to discontinue the Online Account services at any time. Users will be informed of such an event in due time.
(5) If a user unsubscribes from the Online Account, or if access is deactivated due to the termination of the Power Supply Agreement or if the Online Account services are discontinued, all data stored therein (deal confirmations, power schedules and similar information) will be deleted from the Online Account database. Users are independently responsible for saving any data or documents they might require for further use in good time.
(6) The user shall be notified of a blocked access to, deactivation of or discontinuation of the Online Account services by e-mail (sent to the e-mail address last made known).

6. Due Diligence of the User

(1) When using the Online Account on the Internet, the user must apply the greatest possible care and ensure the use of adequate security precautions, specifically of an antivirus programme, observe all of the relevant laws or other legal regulations, in particular industrial property rights and copyrights, and not to enter or transmit any such data or information that would be contrary to morality.
(2) The user shall have the duty to keep access data (username, password and similar) secret and not to forward them to third parties. In the event of loss of access data or if there is reason to suspect they are being used by an unauthorised person, the user shall have the duty to notify VSA immediately thereof, in writing, by telephone (call +43 (0)50313-51823) or by e-mail to business@verbund.at. VSA will have the access blocked as fast as possible and provide the user with new access data.
(3) The user must ensure that his/her contact data and any other data required to use the Online Account is always kept up to date, complete and correct. In the case of any changes and/or incorrect data, particularly of contact data such as e-mail address or similar, the user is required to notify VSA immediately thereof or, where possible, make such changes him/herself in the Online Account.
(4) The user must follow any user instructions provided in the various service areas. The user is required to check any typed in data for completeness and correctness after it has been entered.
(5) User rights assigned in the context of user administration in the Online Account may only be within the scope absolutely necessary, and must take into account the provisions agreed in the Power Supply Agreement.
(6) The user shall indemnify and hold harmless VSA against any claims from third parties due to the violation of the mentioned obligations, as well as in the event of unlawful behaviour in connection with the registration or with the assignment of further rights of use.

7. Data Processing

(1) VERBUND Sales GmbH will digitally store and process any data made known by users in the context of their use of the Online Account, taking into account the currently applicable statutory regulations specified in the Data Protection Act for the contractually agreed purpose, and for its own marketing purposes, and shall only forward such data to involved third parties to the extent absolutely necessary to fulfil the contract.
(2) The user expressly consents to receiving information and advertising materials via e-mail sent by VERBUND AG and VERBUND Sales GmbH. This consent can be revoked at any time.

8. Availability of Online Services

(1) VSA shall make every effort to operate the Online Account continuously, and to ensure its accessibility, depending on the available technical, economical, operational and organisational possibilities. It is not possible to guarantee the continuous availability of the Online Account.
(2) VSA is entitled to interrupt access to the Online Account for a reasonable period of time for important reasons, such as service and maintenance work.
(3) VSA shall assume no liability for any periods of inaccessibility due to technical or any other type of problems.

9. Liability / damage claim

(1) VSA’s liability for damages shall be limited to events caused by wilful intent or gross negligence and to the amount of EUR 1,500.00 per case of damage. Any liability for loss of profit or revenues, loss of interest, lost output, savings that have not been achieved, lost or changed data, indirect damages or damages resulting from claims of third parties shall be excluded. Claims for damages shall become time-barred within one year from the event of damage.
(2) VSA shall not be liable for any damages arising from misuse or inappropriate use of the Online Account, incomplete or inaccurate information or non-observance of due diligence requirements as specified in the Terms of Use on the part of the user. Any liability for damages arising from third parties gaining knowledge of username and password due to the user’s violation of the due diligence obligations shall also be excluded.
(3) For damages arising from "force majeure" and/or other incidents not accounted for by VSA, VSA shall not be held liable. This includes, in particular: technical problems, court orders, dispositions and the like.
(4) In the "online account" feature, VSA also offers services that are provided, transmitted or otherwise made available by third parties. This type of service is identified accordingly. For such services, VSA shall assume no liability.

10. Applicable Law and 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. Place of jurisdiction for any disputes arising from this agreement shall be the relevant court in Vienna, Inner City.

11. Concluding Provisions

(1) Amendments or supplements to these Terms of Use including this provision shall be in writing. Unless otherwise agreed in these Terms of Use, the requirement of written form is also met by a digitally signed e-mail.
(2) The content (texts, images, graphics or similar) and structure and design of the Online Services are protected under copyright and/or trademark law. Any utilisation or use is not permitted without approval of VERBUND. The utilisation or use of explicitly offered materials is excluded therefrom.
(3) 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. 

Download  PDF  (German only)

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-a-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.