General terms and conditions of business
The Terms and Conditions were last updated on April 10, 2023
1. Introduction
These Terms and Conditions apply to this website and to transactions related to our products and services. You may be bound by additional agreements that relate to your relationship with us or to products or services you receive from us. If any provisions of the additional agreements conflict with any provisions of these Terms, the provisions of the additional agreements will prevail.
2. Commitment
By registering, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and Conditions set forth below. The mere use of this website implies knowledge and acceptance of these Terms and Conditions. In certain cases, we may also ask you to expressly consent to them.
3. Electronic communication
By using this website or communicating with us electronically, you understand and agree that we may communicate with you electronically on our website or send you email, and you agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement, including, but not limited to, the requirement that such communications be in writing.
4. Intellectual Property
We or our licensors own and control all copyright and other intellectual property rights in the Site and the data, information and other resources displayed on or accessible through the Site.
4.1 All rights reserved
Unless specific content provides otherwise, no license or other right is granted to you under any copyright, trademark, patent, or other intellectual property rights. This means that you may not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, modify, reverse engineer, decompile, submit, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form without our prior written permission, except and only to the extent otherwise provided by the provisions of mandatory law (such as the right to quotation).
5. Third-party property
Our website may contain hyperlinks or other references to third-party websites. We do not monitor or review the content of third-party websites linked from this website. Products or services offered by other websites are subject to the terms and conditions of those third parties. We do not necessarily share or endorse the opinions or materials expressed on those websites.
We are not responsible for the privacy practices or content of these websites. You bear all risks associated with your use of these websites and related third-party services. We assume no responsibility for any loss or damage of any kind resulting from your disclosure of personal information to third parties.
6. Responsible handling
By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms, any additional agreements you may have with us, and applicable laws, regulations, generally accepted online practices, and industry guidelines. You may not use our website or services to use, publish, or distribute any material that consists of (or is linked to) malicious computer software, use the data collected on our website for any direct marketing activities, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes or may cause damage to the Site or impairs the performance, availability, or accessibility of the Site is strictly prohibited.
7. Registration
You may register for an account on our website. During this process, you may be required to select a password. You are responsible for maintaining the confidentiality of your passwords and account information and agree not to disclose your passwords, account information, or secure access to our website or services to any other person. You may not permit anyone else to use your account to access the website, as you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After you cancel your account, you will not be able to create a new account without our permission.
8. Submission of ideas
Do not submit any ideas, inventions, works of authorship, or other information that could be considered your own intellectual property that you wish to present to us unless we have first signed an intellectual property agreement or non-disclosure agreement. If you submit this to us without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media.
9. Termination of use
We may, at our sole discretion, modify or discontinue access to the Site or any service thereon, temporarily or permanently, at any time. You agree that we will not be liable to you or any third-party for any such modification, suspension, or discontinuance of your access to or use of the Site or any Content you may have shared on the Site. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or Content you have contributed or relied upon are permanently lost. You may not circumvent or attempt to circumvent any access restriction measures on our Site.
10. Guarantees and Liability
Nothing in this section limits or excludes any warranty implied by law, which it would be unlawful to limit or exclude. This website and all content on the website are provided "as is" and "as available" and may contain inaccuracies or typographical errors. We expressly disclaim any express or implied warranty of any kind regarding the availability, accuracy, or completeness of the content. We do not warrant that:
- This website or our content will meet your requirements.
- This website will be available on an uninterrupted, timely, secure, or error-free basis.
Nothing on this website constitutes or is intended to constitute legal, financial, or medical advice of any kind. If you require advice, you should consult an appropriate professional.
The following provisions of this section apply to the maximum extent permitted by law and do not limit or exclude our liability in respect of any matter that would be unlawful or illegal for us to limit or exclude. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss of or corruption of data, software or database, or loss of or corruption of property or data) suffered by you or any third party arising out of your access to or use of our website.
Unless expressly provided otherwise in an additional agreement, our maximum liability to you for all damages arising out of or related to the Site or any products and services marketed or sold through the Site, regardless of the form of legal action imposing liability (whether in contract, equity, negligence, intentional conduct, tort, or otherwise), will be limited to the total price paid by you to purchase such products or services or to use the Site. This limitation will apply in the aggregate to all of your claims, actions, and causes of action of every kind and nature.
11. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct, and up-to-date.
We have developed a policy to address any privacy concerns. For more information, please see our privacy policy and in our Cookie Policy.
12. Export Restrictions / Compliance with Laws
Access to the Site from territories or countries where the content or purchase of products or services sold on the Site is illegal is prohibited. You may not use this Site in violation of the export laws and regulations of Austria.
13. Assignment
You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section will be void.
14. Violations of these General Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the Website, contacting your internet service provider to request that they block your access to the Website and/or taking legal action against you.
15. Force majeure
Except for the payment obligation, any delay, failure or omission by a party in performing or complying with any of its obligations under this Agreement shall not be deemed a breach of these Terms and Conditions if and so long as such delay, failure or omission is due to a cause beyond the reasonable control of that party.
16. Compensation
You agree to indemnify, defend, and hold us harmless from and against all claims, liabilities, damages, losses, and costs related to your violation of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs, and expenses related to or arising from such claims.
17. Waiver
The failure to enforce any provision of these Terms and Conditions and any Agreement, or the failure to exercise any option to terminate, shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part of these Agreements or the right thereafter to enforce each and every provision.
18. Language
These Terms and Conditions shall be interpreted and construed exclusively in German. All communications and correspondence shall be written exclusively in this language.
19. Complete Agreement
These General Terms and Conditions together with our Privacy Policy and our Cookie Policy the entire agreement between you and Beratung4Punkt1 eU regarding your use of this website.
20. Updates to these Terms and Conditions
We may update these Terms and Conditions from time to time. You are responsible for checking these Terms and Conditions regularly for any changes or updates. The date indicated at the beginning of these Terms and Conditions will be the last revised date. Changes to these Terms and Conditions will be effective upon posting of such changes on this website. Your continued use of this website following the posting of any changes or updates will indicate your agreement to be bound by these Terms and Conditions.
21. Choice of law and jurisdiction
These Terms and Conditions are governed by the laws of Austria. Any disputes relating to these Terms and Conditions shall be governed by the laws of Austria. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted, and/or enforced to the maximum extent permitted by law, so as to achieve the intent of these Terms and Conditions. The remaining provisions will remain unaffected.
22. Contact information
This website is owned and operated by Beratung4Punkt1 eU .
You can contact us regarding these Terms and Conditions in writing or by email to the following address: johannes.schestauber@fairandequalpay.com
Faschinggasse 3/3
1220 Vienna
23. Download
You can also download our General Terms and Conditions as a PDF file download .