Status: March 2014
Object and Scope
- The use of all current and future services furnished by ClubDesign M.P. GmbH under the domain name www.pagelanes.com shall be exclusively subject to the following Terms and Conditions of Use as amended. Terms and conditions deviating from the former shall only be valid when these have been agreed in writing. The user (hereinafter referred to in brief as: the business person) hereby declares that he shall receive the services of ClubDesign M.P. GmbH exclusively in his capacity as a business person.
- The General Business Terms and Conditions of the user shall be explicitly excluded with respect to the legal transaction in question and for the entire business relationship with ClubDesign M.P. GmbH.
- All offers shall be non-binding.
Contract Conclusion and Contract Term
- The services offered by ClubDesign M.P. GmbH on the website www.pagelanes.com constitute an invitation to the user to submit a binding offer for the offered services. By registering the user submits a binding offer.
- ClubDesign M.P. GmbH confirms the registration, whereby the result of this acknowledgement shall not yet be the conclusion of a contract. The respective user can also be rejected by ClubDesign M.P. GmbH and the former shall have no legal entitlement to use the services provided by pagelanes.com. The contract between the user and ClubDesign M.P. GmbH shall only enter into effect when ClubDesign M.P. GmbH has received the user’s payment and has notified the user of the receipt of this payment. The concluded contact shall, in each case, commence on the calendar day on which payment receipt occurs and for a period of 30 calendar days.
- The contract shall terminate automatically following the expiry of 30 calendar days, without the requirement for a separate cancellation notice. The user can, at any time, however, extend the contract for a further 30 calendar days through payment of the respective fee; this as frequently as desired.
- All prices exclude value added tax. Invoiced amounts shall be payable immediately following invoice receipt and without deduction. The payment shall only be deemed to have been made when it has been irrevocably credited to the account of ClubDesign M.P. GmbH. In the event of delayed payment, interest for late payment in the amount of eight per cent above the respective valid base rate shall be deemed to have been agreed.
- Payments made by the user shall, to begin with, be credited against costs and interest, after this against older outstanding receivables and finally against the principal claim.
- In the event of delayed payment, the user shall be obliged to reimburse ClubDesign M.P. GmbH all pre-litigation costs incurred by it, for example attorney fees and the costs of debt collection agencies.
- In the case that ClubDesign M.P. GmbH itself operates the dunning process, the user undertakes to pay an amount of EUR 10.00 for each reminder issued, in addition to the interest and costs that are otherwise owed.
- The user expressly agrees that, in the event of a delay in payment, his name, address, the outstanding amount as well as the dunning data shall be communicated to the trade credit database and to the debt collection agencies or attorneys authorized to recover accounts receivable.
Scope of Services and Warranty
- ClubDesign M.P. GmbH provides its service to the user promoted at www.pagelanes.com and assumes no responsibility for the availability, accessibility, scope of function and accuracy of the service.
- pagelanes.com is, as a rule, available 24 hours a day. There may, however, be occasions when access is temporarily not possible because of maintenance work or disruptions to third party communication networks. ClubDesign M.P. GmbH therefore does not warrant for continuous, uninterrupted availability. Liability for damages incurred by users or third parties because of technical shortcomings of this type is excluded. ClubDesign M.P. GmbH is, in particular, not liable for Force Majeure or technical faults that fall under the area of responsibility of third parties. ClubDesign M.P. GmbH is at all times authorized, for internal or external reasons, to interrupt the service for a reasonable time period or, in some cases, to suspend the service altogether, and any liability for any costs, damages or losses arising from this are expressly excluded.
- ClubDesign M.P. GmbH does not warrant that the services that are provided are suitable for a special purpose.
- When registering, the user pledges that all of the data requested and provided in the course of the registration process are correct and – insofar as is necessary – to update them. By forwarding these data, the user explicitly agrees, though with the right to revoke this at any time, to the dispatch of electronic post as mass mailing or for information purposes.
- The user undertakes to maintain the secrecy of access data, passwords and any other data that are provided by ClubDesign M.P. GmbH. In the event of loss, the user undertakes to immediately notify ClubDesign M.P. GmbH concerning this loss.
- The user undertakes to refrain from any actions which jeopardize the functionality or the operation of the service provided by ClubDesign M.P. GmbH or its hardware and software. The user is, in particular, forbidden to scan or to test vulnerabilities to the ClubDesign M.P. GmbH system or network, to circumvent security systems or access systems or to integrate malware into the ClubDesign M.P. GmbH system.
- The user is obligated to immediately inform ClubDesign M.P. GmbH concerning amendments to his/her user data. Should the user fail to provide this information, announcements shall be deemed to have been delivered when sent to the last known address.
- The user shall take care of his own infrastructure at his own cost and own risk, in particular ensuring that the necessary connections (e.g. for data lines) are available. ClubDesign M.P. GmbH shall assume no responsibility for the user’s infrastructure. The user shall further ensure that his infrastructure is appropriate for the use of the Pagelanes service.
- The user shall take note of the fact that ClubDesign M.P. GmbH has an exclusive entitlement to all rights to www.pagelanes.com. The user has no rights to it and also no right of entry to the premises in which the ClubDesign M.P. GmbH server is located.
- The user is obligated to regularly inform himself concerning scheduled maintenance work via the www.pagelanes.com homepage.
- The user is obligated to report interruptions or disturbances to Pagelanes without delay to ClubDesign M.P. GmbH in order to enable rectification of the problem.
- ClubDesign M.P. GmbH shall be liable for damages arising from injuries to life, body or health resulting from an intentional or negligent breach of its obligations by ClubDesign M.P. GmbH. ClubDesign M.P. GmbH shall be liable for other damages only insofar as these are the result of a culpable breach of obligations by ClubDesign M.P. GmbH or its legal representatives or agents.
- Compensation claims brought by the user against Clubdesign M.P. GmbH shall, in any event, be limited to the amount of the monthly payment.
- Liability for omission or faulty transmission of data, loss or deletion, viruses, abuse, accuracy, completeness or actuality of data or for other damages resulting from the use of Pagelanes is excluded. Compensation claims brought because of data loss shall, in any event, be excluded.
- ClubDesign M.P. GmbH certifies that it shall observe and comply with the provisions of the Data Protection Act when collecting, processing and using personal data. Data which is requested during the registration process shall, at all times, be treated as confidential and not forwarded to third parties.
- By registering with pagelanes.com the user consents to automatic data processing and further processing.
- Pursuant to § 26 of the Data Protection Act (DSG), every user is entitled to obtain information concerning his stored data. Should a user place a request for information on the Event Chart, the information, or a written explanation of why the information cannot be provided or cannot be provided in full, shall be issued within the 8 weeks following the receipt of the information request. The information shall be issued free of charge when it relates to the current data set for a given data application and when, during the year in question, the user has not already made a request for information in the same activity area. In all other cases, an all inclusive cost reimbursement in the amount of EUR 18.89 can be requested.
- The user explicitly agrees, and renounces the assertion of any claims, e.g. due to the breach of data protection, to the storage and forwarding of data entered by him to state agencies (police, courts, authorities, Association against Unfair Competition or other entities authorized to institute proceedings pursuant to § 14 of the Austrian Business Code (UGB), as well as the Austrian Werberat), which are conducting investigations relating to material/content disseminated by the user via Pagelanes or regarding unlawful activity carried out by the user. The user further consents to the forwarding of data to those third parties whose rights are infringed by the dissemination of content by the user via Pagelanes or by illegal activities conducted by the user using Pagelanes, or who comprehensibly assert such an infringement. This shall apply, in particular, in the case of the forwarding of data to third parties by way of a request for information pursuant to § 18 Para. 4 of the E-Commerce Act (ECG).
Place of Jurisdiction and Place of Fulfillment
- Austrian law shall be applicable, excluding the UN Sales Convention. The exclusive place of jurisdiction shall be the registered headquarters of ClubDesign M.P. GmbH.
- The place of fulfillment for deliveries and payments shall be the registered headquarters of ClubDesign M.P. GmbH.
The invalidity or partial invalidity of a provision of this General Terms and Conditions of Use shall leave all remaining provisions fully effective. The invalid provision shall be replaced by an economically equivalent or similar, though admissible, provision.