General terms and conditions of business

The General 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 control.

2. Commitment

By registering, accessing or otherwise using this website, you hereby agree to be bound by these Terms and Conditions set out 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 agree and acknowledge that we may communicate with you electronically on our website or send you email and 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.

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 will 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 for by the provisions of mandatory law (such as the right to quote).

5. Third-party property

Our website may contain hyperlinks or other references to other parties' websites. We do not monitor or review the content of other parties' 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 any opinions expressed or materials on those websites.

We are not responsible for the privacy practices or content of these websites. You bear all risks associated with the use of these websites and related third-party services. We will not be responsible for any loss or damage of any kind arising 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, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish, or distribute any material that consists of (or is linked to) any malicious computer software; use any 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 passwords and account information and agree not to disclose their passwords, account information, or secure access to our website or services to anyone else. You must not allow 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. Idea submission

Do not submit any ideas, inventions, works of authorship or other information that can be considered your own intellectual property that you wish to present to us unless we have first signed an intellectual property agreement or a non-disclosure agreement. If you tell 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 to 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 on are permanently lost. You must not circumvent or attempt to circumvent any access restriction measures on our Site.

10. Warranties and Liability

Nothing in this section will limit or exclude any warranty implied by law which it would be unlawful to limit or exclude. This website and all content on the website is provided "as is" and "as available" and may include inaccuracies or typographical errors. We expressly disclaim any warranty of any kind, express or implied, as to 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 which would be unlawful or illegal for us to limit or exclude our liability. 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 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, willful conduct, tort, or otherwise), will be limited to the total price paid by you to us 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

In order 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 you may have. 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. Allocation

You may not assign, transfer or subcontract your rights and/or obligations under these Terms, 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 will not be deemed a breach of these Terms and Conditions if and so long as such delay, failure or omission is due to any cause beyond the reasonable control of such 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

Failure to enforce any provision of these Terms and Conditions and any Agreement or 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 such Agreement or any part thereof or the right thereafter to enforce each and every provision.

18th language

These General Terms and Conditions will be interpreted and construed exclusively in German. All notices and correspondence will 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. Updating these General Terms and Conditions

We may update these Terms and Conditions from time to time. You are responsible for checking these Terms and Conditions periodically 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 when such changes are posted on this website. Your continued use of this website following the posting of any changes or updates will be deemed to indicate your agreement to abide by and be bound by these Terms and Conditions.

21. Choice of law and place of jurisdiction

These Terms and Conditions are governed by the laws of Austria. Any dispute relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Austria. If any part or provision of these Terms and Conditions is found by any court or other authority to be invalid and/or unenforceable under applicable law, that part or provision shall 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 other provisions shall 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 .