General terms and conditions of use for Rail Cargo Groups's (Rail Cargo Austria AG and majority subsidiaries) website
We recommend to read these terms and conditions of use carefully and in its entirety.
1. Scope and application
The use of the websites offered by the Rail Cargo Group (Rail Cargo Austria AG and majority subsidiaries) and all data, information and services provided (except for services based on separate agreements) is solely permissible based on these terms.
These general terms and conditions of use may be amended, modified, or replaced by additional terms.
By using a website, you accept the applicability of these General Terms and Conditions of Use as amended.
On our websites, we make different types of data, information and applications available for access and download.
We are entitled to partially or fully discontinue the operation of our websites at any time. We furthermore assume no responsibility for the uninterrupted availability of our websites.
Some areas or services available on our websites may be password-protected. In the interest of safe and secure business transactions, access to these pages is therefore, in certain cases, only possible if you have previously registered. However, you have no legal claim to a registration.
We furthermore reserve the right to introduce pre-registration requirements for websites which up until now have been freely accessible.
Third-party websites (hyperlinks)
Our websites may contain hyperlinks to third-party websites.
We assume no responsibility for the contents of these websites, as these are not contents provided by us.
3. Rights of use
The use of the content made available on our websites is subject to these terms and conditions as amended.
Any separately agreed terms and conditions of use or licensing have priority over these General Terms and Conditions of Use.
All the contents made available on the website, are protected by copyright and, where required, trademark and are intended for personal and not for commercial use, unless otherwise and separately labelled.
Data, information, applications, brand names, images and other content may not be edited, changed, copied, modified, supplemented, duplicated, presented, sold, leased, rented out, lent or in any other way conveyed to third parties or exploited without our prior written agreement.
Any use beyond this (particularly of commercial nature) is impermissible without prior permission from the operator or the respective copyright holder.
The user shall not be granted licences or rights of any nature additional to the rights of use explicitly granted, in particular to the company name and to other industrial property rights (such as brands, utility models, patents) or to the copyright.
If as a user of our websites you submit any ideas or suggestions, we are entitled to use and realise these free of charge.
4. User obligations
When or by using our websites, you as a user may not
- violate moral standards with your usage behaviour;
- use them for unlawful purposes;
- violate our industrial property rights, copyrights or other property rights;
- transfer content containing viruses, i.e. trojans or other programmes, which may be harmful to the software;
- enter, save or send hyperlinks or contents for which you have no authorisation, especially if these hyperlinks or contents violate confidentiality obligations or if they are unlawful or if they distribute advertising or unrequested e-mails (spam) or false warnings against viruses, defects, etc. or if they solicit participation in competitions, snowball systems, chain letters, Ponzi schemes or similar activities.
We are entitled to ban access to our websites at any time, in particular if you as a user violate these General Terms and Conditions of Use or other special agreements.
5. Liabilities / warranty
If we provide data, information and applications free of charge, any liability for defects in quality or title are expressly excluded, unless premeditated or malicious behaviour on our behalf can be proven.
Any liability in cases other than the ones mentioned above requires proven intentional or grossly negligent behaviour on our part. In general, any liability on our behalf regarding indirect or consequential damages or loss of profit as well as loss or modification of data and information is excluded. Liability for personal injury arises already in the event of minor negligence.
We furthermore assume no liability regarding accuracy, flawlessness, non-infringement of third-party property or trademark rights, completeness and/or usefulness or permanent availability of the websites.
Although, we will do our best to keep our websites and the contents provided through them free from harmful software, we do not guarantee them to be free of harmful software. Prior to using and downloading data or information, you as a user must independently take the required protective measures, for example by establishing relevant security measures.
6. Web analysis service
Our websites use Piwik. This is a so-called web analysis service. Piwik uses so-called "cookies". These are text files which are stored on your computer and allow us to analyse your usage of the websites. For this purpose, the usage information generated by the cookie (including your truncated IP address) is transferred to our server and stored for usage analysis purposes. This helps us in optimising our websites. During this process, your IP address is instantly anonymised to ensure that no one will be able to determine your identity.
The data and information generated by cookies on the usage of our websites is not passed on to third parties.
If you do not agree to the storage and analysis of data related to your visit and usage of our websites, you can object to such storage and usage by clicking below. In this case, a so-called opt-out cookie will be stored in your browser. As a result, Piwik will collect no session data.
We expressly draw your attention to the fact that if you delete your cookies, this will also result in your opt-out cookie being deleted. It would therefore then have to be re-activated by you.
7. Data protection
For technical reasons, we have to collect and store certain data and information of your visit to our website, for instance the used websites, the time and duration of your visit as well as data provided by the browser you are using (e.g. on the operating system and the used system settings). Such data and information is used by us anonymously to allow us to make our offerings even more user-friendly and to technically optimise them.
Should you make personal data available to us on our websites, we will use this data and information without your further consent. Use of your data and information for purposes of advertising or marketing or transfer to a third party, however, requires your special consent. In case such activities will take place, we will provide separate information if we transfer your data and information to other subsidiaries of the Rail Cargo Group.
On our websites, we embed content from external providers (e.g. Facebook, Youtube, Twitter) or forward you to their websites. At the time of the linking no right offences were recognisable on those web pages. Should we become aware of any such infringement, we will remove the link with immediate effect.
Should you access such offerings on our websites or visit these websites, the data provided by your browser will be transferred to the respective operator. We are not responsible for any contents on these websites, neither in terms of data protection nor in terms of the technical security of the data and information made available. In this context, please note that external providers may use ad personalisation technologies where required.
You have the right to request details on any information about your person that is being held by us. You furthermore have the right to request correction and removal of information about your person that is being held by us, provided the legal requirements are fulfilled.
In case we provide a way to contact us via an input mask on our website, we will encode this communication via the https protocol. Please note that other types of communication over the internet, in particular via e-mail, do not provide confidentiality. We therefore recommend to refrain from sending confidential data and information via e-mail.
Ancillary agreements must be in writing.
In the event that any provision hereof should be or become ineffective or void, it shall not affect the validity of the remainder hereof. The ineffective or void provision will be replaced by a legally valid arrangement, which comes as close as possible to the commercial meaning and purpose of the ineffective or void provision. This rule applies mutatis mutandis to gaps.
The Austrian laws apply, with the exception of the referring statutes of international private law and the UN Sales Convention.
The place of performance and jurisdiction is Vienna, unless the case relates to a consumer transaction as per §1 of the Austrian Consumer Act (Konsumentenschutzgesetz).