USAGE, SERVICE AND LIABILITY
These legal terms and conditions govern the use of the content and services offered by IMMOVATE Management GmbH and its affiliated companies free of charge under the domain www.immovate.com.
All of the offers contained in the database www.immovate.com are non-binding and subject to any utilisation carried out in the meantime such as sale, rental or leasing.
IMMOVATE Management GmbH guarantees that the content of www.immovate.com has been carefully entered and maintained and that the information comes from reliable sources. However, it does not guarantee its accuracy or its compliance with the applicable legislation at the time it was retrieved. IMMOVATE Management GmbH is therefore not liable for the content of the services or their correctness, or for any kind of related errors.
The use of the www.immovate.com website takes place exclusively at the risk of the user. IMMOVATE Management GmbH is not liable in any way vis-à-vis users or third parties for any direct, indirect, particular or other damage or consequential damage which results from the use of the www.immovate.com website or a website to which a link is provided. Also excluded is any liability for lost profit, interruption of business, the loss of programs or other data in the information systems of users. If the exclusion of liability for the damage mentioned above is legally not permissible, the liability shall be limited to the maximum legally permissible extent.
IMMOVATE Management GmbH is not liable for faulty operation of the system and provides no guarantees with regard to its constant availability. IMMOVATE Management GmbH is therefore not liable for damage which is based on services not being available or not being fully available. IMMOVATE Management GmbH is principally entitled to interrupt or completely discontinue the services offered via www.immovate.com.
IMMOVATE Management GmbH similarly provides no assurances of any kind or guarantees for other websites which can be accessed via the www.immovate.com. If a so-called non-www.immovate.com website is accessed, this is an independent website over whose content IMMOVATE Management GmbH has no control.
This also applies if the website possibly contains an IMMOVATE logo. In addition, a link from the www.immovate.com website to another website does not signify that IMMOVATE Management GmbH identifies itself with the content of that website or supports its use.
OBLIGATIONS OF THE USER
Users undertake not to introduce any content into the www.immovate.com website which violates currently valid legislation and which in particular is incompatible with the principles of unfair competition, consumer protection, copyright law and the industrial property rights of third parties, data protection, the relevant provisions of criminal law and/or provisions for the protection of young persons and the right to personal honour. Content which does not comply with this obligation includes the following in particular: content of a discriminatory, racist, xenophobic, pornographic or otherwise sexually degrading character. Setting up hyperlinks or other technical links which lead users to improper content on third-party websites is also considered to be the introduction of the above-mentioned types of content. The use of data, including its input into online services, databases or websites by unauthorised third parties as well as changing or falsifying information, is prohibited.
By providing information, IMMOVATE Management GmbH does not grant any rights of use to copyrights, patents or other intellectual property. Reference is expressly made to the fact that all content of the website is protected by copyright. Users of or visitors to the www.immovate.com website are therefore not authorised to use the information and services presented there except for their own purposes as defined in Section 42 of the Austrian Copyright Act, and are in particular not authorised to copy, reproduce or disseminate them – either in their entirety or even only in the form of extracts – without the prior written consent of IMMOVATE Management GmbH.
When storing and processing the data of users, IMMOVATE Management GmbH will observe the relevant statutory provisions on data protection as last amended.
If users request a product or service offered on the www.immovate.com website, or request a call back or particular marketing materials, IMMOVATE Management GmbH will use the information provided by the users to be able to fulfil the request. In order to facilitate these tasks, under certain circumstances an exchange of user data with the third parties involved in processing the order may take place.
In addition, IMMOVATE Management GmbH will only use user data which it has been given in relation to the passing on of information and for internal market research and marketing purposes. User data is principally not passed on to third parties. Only with regard to partner companies which offer services as part of the offering of IMMOVATE Management GmbH will user data be passed on to the extent necessary for the practical functioning of the business relationships with these partners. Users hereby explicitly agree to this passing on of data.
Google will also transfer this information to third parties insofar as this is legally prescribed or to the extent that third parties process the data on behalf of Google. Under no circumstances will Google relate the respective IP address to other data in its possession. Users can prevent the installation of cookies by means of the corresponding settings in their browser software; however, we would like to point out that in this case not all functions of the website will be able to be used to their full extent.
By using the website, users express their agreement with the processing of the data acquired about them by Google in the above-mentioned way and for the purpose named above.
APPLICABLE LAW AND JURISDICTION
Any legal disputes arising from the legal relationship between users and IMMOVATE Management GmbH are subject to Austrian law with the exclusion of the conflict-of-law rules as laid down by the Austrian International Private Law Act and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the competent court for the 1st district of Vienna, unless the users are consumers normally resident in Austria or are employed there.