1. Scope of Agreement
2. Scope of services, Disclaimer of liability
IXOPAY provides the users of this Website with information about IXOPAY's services and additional services which are available free of charge until revoked.
IXOPAY has prepared the content of this Website with due care. Due to the vast amount of data provided and the existing security risks of the Internet it is not possible to entirely avoid errors, infringements by third parties or mistakes. In consideration of these circumstances some information may not be up to date, complete or accurate. IXOPAY – also in consideration that services are offered free of charge – cannot guarantee the completeness, reliability or accuracy of the content provided. If you find an error, please report it to [email protected] IXOPAY will make diligent efforts to eliminate such errors as soon as possible.
IXOPAY can further not guarantee that the Website or the services will be available uninterrupted or error-free. Temporary connection interruptions may occur. IXOPAY reserves the right to do maintenance work at any time. Furthermore IXOPAY reserves the right, also without notice, to discontinue or expand at any time, temporarily or even permanently, any or all of the services offered on the Website.
3. No liability for links
IXOPAY does not have any influence on the content and presentation of linked Internet services. The liability for such linked websites rests with the respective provider. IXOPAY does not adopt the content of the linked websites them as its own. Accordingly, IXOPAY is therefore not responsible for the content, the timeliness, the completeness and the accurateness of linked Internet services.
4. Data protection, declaration of consent in accordance with Sec 107 TKG
5. Copyright protection
© Copyright 2015, IXOPAY GmbH; All rights reserved
Elements on the Website, such as text, pictures, illustrations, as well as design and structure of the Website and links, structure and contents of the database are subject to copyright protection and the protection of intellectual property. Unless IXOPAY expressly agrees in writing, these elements may not be copied, send, made available, presented, performed, modified, translated or utilised.
Links to our website are welcome as long as they are external links and show complete pages including the navigation frame. It is forbidden to implement single websites in external frames as well as to provide RSS-Feeds on external websites.
6. Final provisions
IXOPAY reserves the right to change the Terms for your future usage of the Website at any time and at its sole discretion. The most recent version of the Terms will be indicated as such and will be published on the Website under ["Imprint"]. You are obliged to regularly look up for new amendments. Any subsequent use by you of this Website following the publication of changes to the Terms constitutes your acceptance of any such changes.
If individual provisions of these Terms are or become ineffective or invalid, this will not affect the validity of the remaining provisions. Such ineffective or invalid provision shall be replaced by valid provision that comes closest to the economic sense and purpose of the ineffective or invalid provision.
Any legal dispute arising from the use of the Website shall be governed exclusively by Austrian substantive law, without giving effect to any principles of conflicts of law. In case of a consumer contract, the choice of law is effective to the extent that no more stringent consumer protection law at consumer's residence is applicable.
All disputes directly or indirectly relating to or in connection with the use of the Website, including the question of the applicability of the terms and conditions, shall be governed exclusively by the Austrian court having jurisdiction ratione loci and ratione materiae for 1010-Vienna, Austria. This Agreement only applies to consumers as set out in the Austrian law on consumer protection if they have neither their residence nor their habitual abode in Austria and if they do not work in Austria.
The original version (German) takes precedence over the English translation.
The content on this Website is not intended to replace professional advice in the fields of IT and marketing. It is provided for general information purposes only.
1. Data protection, declaration of consent in accordance with Sec 107 TKG
Using your data
1.1.1 Dealing sensitively with customer data, especially in connection with the Website (www.ixopay.com) is of greatest importance for IXOPAY GmbH, Mariahilfer Straße 77-79, 1060 Vienna, Tel: +43-1-3530505, [email protected] ("IXOPAY"). The collecting, processing and use of data is based on the applicable legal provisions, especially on the Austrian Data Protection Act ("DSG") and the Austrian Telecommunication Act ("TKG").
1.1.2 IXOPAY indicates that all personal data provided by the users [name, address, e-mail address], are stored and used only for information purposes on IXOPAY's projects. IXOPAY will not disclose personal information to third parties unless it is required by official authorities or law enforcement.
Declaration of consent
1.2.1 You explicitly agree that we can use your contact details for information purposes on IXOPAY's projects and for advertorial purposes within the meaning of Sec 107 TKG. You can revoke these consents at any time (eg per E-Mail to [email protected]).
1.2.2 If you forward IXOPAY's newsletter to third parties, you are obliged to meet the requirements of Sec 107 TKG and furthermore obtain the consent of the recipient prior to sending (opt-in). You are obliged to indemnify, defend and hold IXOPAY harmless from and against any and all third party claims, damages, liabilities, costs and expenses (including attorneys' fees and expenses).
1.2.3 If the consent to process personal information is revoked, IXOPAY will immediately stop sending further information and/or marketing materials and delete all personal information.
Use of plugins
1.3.1 The Website may contain programmes (plugins) provided by Social Media platforms, in particular by Facebook. These will be identified by symbols (e.g. "Find us on Facebook", "Like" button).
1.3.2 IXOPAY indicates that by the use of a plugin of this kind, your browser sets up a direct link to the servers of the Social Media platforms. The server of the Social Media platform will automatically receive information about your Website visits. As a result these user data will be assigned to your Social Media account. If you use the Social Media plugin (e.g. by clicking the "Like" button) while you are logged in to the Social Media platform, these data will be transferred to and published on your Social Media account. If you do not wish to allow the Social Media platform to gather such data you will have to log out of your Social Media account prior to visiting our Website.
1.3.3 It is not clear to IXOPAY, what kind of data may be stored and processed by the Social Media platforms. For further information please contact the respective operator of the Social Media platform. If your account shall not be assigned to the Website, please log out from your Social Media account before visiting the Website.
2. Cookies and Google Analytics
Google will use this information to evaluate your use of the Website in order to render reports on the Website activities for the Website operators and to perform services connected to the use of the Website and the Internet. If necessary Google will transfer this information to third parties, provided that this is legally prescribed or as far as third parties process these data on behalf of Google. However, in no event Google will associate your IP address with other data stored by Google.
By modifying the settings of your browser, you are free to prevent installation of these or certain cookies. Please note that in such a case, the Website or individual services of the Website may be not or only partially available to you for technical reasons.
3. Right to information, correction and deletion
If you demand it in writing and prove your identity, you have a right to free information about your personal data processed by IXOPAY (Sec 26 DSG). Additionally, you have a right to correction of false data and deletion (Sec 27 DSG). For any question in this regard or other requests, please contact IXOPAY (e.g. via e-mail to [email protected]).
If you access pages or files on this Website or are requested to enter information about you, we indicate that we cannot guarantee complete security for the confidentiality of the provided data in view of the existing security risks on the Internet.
IXOPAY undertakes appropriate technical and organizational security measures in accordance with Sec 14 DSG to protect your personal data against accidental or unlawful deletion, alteration or loss and against unauthorized disclose or unauthorized access.
Moreover, IXOPAY and its employees are obliged to comply with data secrecy according to Sec 15 DSG.
5. Final provisions