General Terms and Conditions for
purchase of an “ESR Connect” access
2. Purchase of access and contract duration
3. Right of Withdrawal for Consumers
Consequences of the cancellation
If the user withdraws from this contract, ESR will refund to the user any payments ESR has received from him without delay and at the latest within fourteen days from the date on which ESR received notice of the cancellation of this contract. The refund is including eventual delivery costs (except for the additional costs arising from choosing a different type of delivery by the user than the cheapest standard delivery ESR offers). For the repayment, ESR uses the same payment method that the user selected in the original transaction, unless otherwise agreed with the user; ESR will not charge the user any fees for this repayment. After cancellation the respective service cannot be accessed.
Exclusion of the right of withdrawal
If the user has requested that the access to the platform should commence during the withdrawal period, he must pay to ESR a reasonable amount equal to the proportion of services already provided to him at the time he informes ESR of the exercise of the right of withdrawal, this in respect of total volume of the service provided for in the contract.
Access fees shall be determined and specified in the current price list.
All prices are to be understood as total prices including the valid legal value added tax.
To be entitled for the ESR member fee, membership fees with the ESR for the current year must be settled by the time of purchase.
5.1 For the use of the platform and its contents, a non-exclusive, non-transferable and limited license to the user named in the contract is granted only for personal use and for the duration of the contract.
5.2 The materials of the online services may only be displayed on one single user screen (personal computer, tablet) per user at a time.
5.3 The contract/user account may not be transferred to a third person and access data may not be disclosed.
5.4 The platform allows to users to make available and share information, text, graphics, videos, or other material (in the following “content”). The user is responsible for this content, including its legality, reliability, and appropriateness.
5.5 The user grants the right and license to ESR to use and publicly perform / publicly display, reproduce, and distribute such content on and through the platform. This includes the right to make the content publicly available to other users.
5.6 The user represents and warrant that the content is free to use as provided above, and that the content does not violate the rights of any person, including, without limitation, privacy rights, publicity rights, copyrights or any intellectual property rights.
5.7 Further, the user warrant that the content will not cause ESR to breach any law or other legal obligation and will not be considered to be illegal, inappropriate, defamatory, pornographic, discriminatory or in breach of confidence or in breach of privacy and also not unauthorized advertising.
5.8 Content uploaded by the user can be removed and deleted at any time without giving reasons.
5.9 The website contains material contributed or licensed by individuals, companies, or organizations that may be protected by Austrian and foreign copyright laws. Downloading, reproduction, redistribution, or making commercial use of any material published on this website is forbidden.
6. Limitation of liability
6.1 The liability is limited to simply gross negligence on the replacement of the typically foreseeable damage. A compensation for loss of profit and other consequential or indirect damages and costs is excluded. The existence of simply gross negligence must be proven by the person claiming for compensation. Liability for slight negligence is excluded.
6.2 In the case of intent, gross negligence, injury to life, body or health as well as claims under the Product Liability Act, liability is based on the statutory provisions.
6.3 If the customer is a consumer, liability for slight negligence is excluded unless one of the main performance obligations is affected.
6.4 The above limitation of liability also applies to ESR affiliated companies, employees and third-party users.
6.5 The liability and obligations of the ESR in the case of termination of the platform for whatever reason shall be limited to the reimbursement of access fees pro rata temporis.
6.6 The ESR shall not be liable for any damages caused by force majeure.