General Terms and Conditions
1.1 These general terms and conditions (hereafter referred to as "GTC") govern the legal framework conditions for the customer's use of the software described in point 2.1 (hereafter referred to as the "app") from STEYR MANNLICHER GmbH, headquartered in Sankt Peter in der Au, Austria (hereafter referred to as "STEYR").
1.2 By registering in the app, the customer agrees to the GTC. By confirming the GTC, a contract is established between the customer and STEYR; the GTC form the basis of this contract. Once confirmed, STEYR stores the GTC electronically and shall forward a copy of the GTC to the customer at their request free of charge.
1.3 STEYR shall conclude contracts exclusively through application of the GTC. The GTC are valid for all business dealings between STEYR and the customer, provided no other conditions have been agreed in writing before commencement of the contract. Different, conflicting or additional GTC from the customer are only valid if these alternative conditions are agreed in writing. The implied recognition of the customer's GTC is excluded; this shall also apply if the customer provides an agreed service without reservation following the placement of an order by STEYR.
1.4 STEYR is entitled to amend the GTC at any time. STEYR shall inform the customer should any changes be made to the GTC. If the customer does not dispute any of the changes to the GTC within 14 calendar days of being notified of the changes, the amended GTC shall come into effect. STEYR shall advise the customer of the legal effects of a failed dispute when informing them of the changes to the GTC. Should the customer dispute a change to the GTC, STEYR is entitled to terminate the contractual relationship with the customer with immediate effect.
1.5 Information on STEYR MANNLICHER:
|Company / owner:||STEYR MANNLICHER GmbH|
|Headquarters:||Sankt Peter in der Au|
|Business address:||Ramingtal 46, 4442 Sankt Peter in der Au, Austria|
|Commercial register:||Steyr Regional Court|
|Registration number:||FN 167804x|
|Data processing registration number:||0484810|
|Chamber affiliation:||Metal-working industry|
|Commercial law:||Firearms industry|
|Industrial code:||(Official Federal Gazette No. 194/1994 as amended)|
|Contact:||Telephone:||+43 (0) 7252 896 0|
|Fax:||+43 (0) 7252 78618|
2. Subject of the contract
2.1 The purpose of the app is to support the customer while hunting. The app includes the following functions:
- A personalised user profile for the customer created with their name and surname, gender, date of birth, profile picture, e-mail address and hunting weapon(s);
- Creation of a shoot for the customer using their current location, routes covered and weather forecasts;
- The addition of the customer's hunting partners;
- The addition of hunting equipment used by the customer (e.g. raised hide);
- The addition of data regarding successful shots ("hunting journal");
- The option for the customer to share data regarding successful shots with third parties (e.g. via social networks).
2.2 STEYR reserves the right to integrate advertisements into the app, either for itself or for third parties. The customer expressly agrees to this.
2.3 To use the app to its fullest extent, a suitable device is required (iPhone with iOS7 or beyond), as well as an internet connection to the customer's device; the customer must provide this themselves. The app must only be used by natural persons aged 18 and over.
3. STEYR's obligations
3.1 STEYR provides the customer with the app free of charge and in its current version at the time the contract is agreed, and will regularly update the app until it is withdrawn by STEYR.
3.2 STEYR shall endeavour to provide the customer with access to the app until further notice and with as few interruptions as possible. However, temporary disruptions or interruptions to the usability of the app are possible at any time for important reasons (e.g. technical reasons such as to carry out updates). STEYR shall notify the customer of technical changes to its services as well as disruptions or interruptions to its service provisions.
4. The customer's obligations
4.1 The customer must provide correct and complete information when using the app. The customer shall protect their user profile with a secure password and keep this password secret, store it carefully and not pass it to a third party. Should the personal data provided by the customer change, the customer must notify STEYR (e.g. by updating their user profile).
STEYR is entitled to check the identity of the customer and the correctness and completeness of the information provided by the customer and can request proof of this to be provided (e.g. their passport or identity card).
4.2 The customer shall use the app exclusively for the purposes agreed in the contract and ensure that third parties who use the device and the app use the app exclusively for the purposes agreed in the contract. The customer may only install and use the app on a device on which they are able to prevent the improper use of the app by a third party.
4.3 Should the customer or a third party who uses the device and the app use the app in an unlawful manner (e.g. illegally or contrary to data protection or copyright requirements), the customer shall indemnify and hold harmless STEYR from any damages sustained by STEYR at the first request.
5. Force majeure
5.1 Neither of the contractual partners is obligated to fulfil the contractual obligations in cases of force majeure (e.g. fire, flooding, war, industrial action, technical problems such as electricity or internet outages for which the contractual partner cannot be held responsible).
5.2 The customer is not permitted to claim for any damages incurred by them due to services not being provided or not being provided correctly by STEYR due to force majeure.
6. Intellectual property rights
6.1 All rights to the app and its underlying software are attributed to STEYR. The customer does not acquire any kind of permanent usage or other rights to the software nor to the intellectual property rights of STEYR.
6.2 The customer undertakes not to contravene any intellectual property rights (e.g. copyright, rights to trademarks and other protected signs) of STEYR or a third party when using the app, provided this is not covered by the GTC.
7. Data protection
7.1 The customer agrees that STEYR will use the customer's personal data within the scope of the legal and data protection requirements, provided this is required to fulfil the contract. This data includes all data covered under point 3.1. of the GTC—except for location data for the customer to which STEYR does not have access—as well as data traffic (e.g. data relating to the unlocking of the device and the display of advertisements). STEYR uses this customer data to fulfil the contract agreed with the customer, in particular for communication with the customer, construction and maintenance of a customer database, and for accounting and advertising purposes.
7.2 STEYR is the creator of the app and responsible for hosting it. STEYR was not and is not responsible for programming and maintaining the app. These activities are carried out by a third party, currently Card eMotion Consulting & System GmbH headquartered in Vienna at the business address 1040 Vienna, Wiedner Hauptstrasse 57/III/1, entered into the Commercial Register at the Commercial Court of Vienna under FN 265125s (hereafter referred to as Card eMotion). The customer agrees that STEYR will pass the customer's personal data to a third party, currently Card eMotion, provided this is only for the purpose of fulfilling the contract, and in particular for the purpose of programming and maintaining the app.
7.3 The app gives the customer the option to connect certain personal data with the customer's profile on social networks (currently Facebook) and to then share this personal data. This affects the customer's personal data (the customer's name and surname, gender, date of birth, profile picture, e-mail address and hunting weapon(s)) as well as the customer's shoots, hunting partners, the hunting equipment used by the customer and the customer's shots. By connecting the data on the app with social networks, the customer agrees to share the data used within the scope of the app to the selected social network.
7.4 The customer agrees to be provided with product information and advertisements for STEYR or a third party within the app or by e-mail. The customer can retract their agreement to this at any time by contacting STEYR in writing.
7.5 STEYR shall delete customers' personal data once the contractual relationship with the customer is terminated, however data shall be retained for as long as is required by law.
8.1 STEYR shall endeavour to ensure that the app remains free from defects that would prevent or considerably affect the use of the app according the contract, during the period that the contract is valid. Should the customer become aware of any defects of this kind, they must inform STEYR of this in writing immediately. If the customer does not do so, they forfeit their right to any claims against Card eMotion and STEYR arising from this defect within the app.
8.2 The customer must ensure that the app is not used by the customer or a third party who uses the customer's device and app for purposes that contravene valid laws (in particular criminal laws), official laws, legal orders or the GTC. The only permissible purpose of the app is to support the customer while hunting (see point 2.1 of the GTC); the customer must ensure that the app is used exclusively for this purpose, both by the customer and by a third party who uses the customer's device and app.
Should the app be used in an impermissible manner,
- the customer shall indemnify and hold harmless Card eMotion and STEYR from any damages sustained at the first request;
- STEYR is entitled to block the customer from accessing the app and to delete the data used by the customer;
- STEYR is entitled to terminate the contract with the customer.
Any other contractual or legal claims from Card eMotion and STEYR such as for omissions or rectification remain unaffected.
8.3 STEYR provides the app to the customer free of charge. The customer is therefore not entitled to any guarantee claims against Card eMotion and STEYR due to any defect in the app.
8.4 Card eMotion and STEYR may not be held liable for damages caused by slight negligence – except in the case of personal injury.
8.5 The contract and the GTC do not constitute a contractual relationship between the customer and Card eMotion. Card eMotion may not be held liable on a contractual basis by the customer.
9. Contractual period
9.1 The contract between STEYR and the customer is agreed for an indefinite period and can be terminated in writing subject to a term of 14 days to the end of the current month without justification (statutory cancellation).
9.2 The contract between STEYR and the customer can otherwise be terminated in writing with immediate effect by both parties if there is an important reason as to why it would be unacceptable to continue the contract. The reason stated in point 1.4 of the GTC is valid above all others.
10. Jurisdiction and applicable law
10.1 Austrian substantive law shall apply, excluding the provisions on conflicts of international civil law, excluding the UN Sales of Goods Convention, provided the customer is not a consumer and this applicable law does not conflict with paragraph 13a of the Austrian Consumer Protection Act.
10.2 Provided the customer is not a consumer in the sense of the Austrian Consumer Protection Act, the jurisdiction for all disputes arising from or in connection with the contract between STEYR and the customer, including legal disputes regarding their existence or non-existence, is the jurisdiction of the headquarters of STEYR.
11. Final provisions
11.1 Offers provided by STEYR are considered to be without obligation and non-binding unless stated otherwise within the offer.
11.2 All declarations by the contractual parties regarding the contractual relationship between STEYR and the customer must be made in writing (including e-mail). Contracts between STEYR and customers are concluded exclusively in German; declarations by the contractual parties must be made in German to be considered valid.
11.3 The contract between STEYR and the customer and the GTC are also binding for the legal successor of the contractual parties. The contractual parties undertake to transfer the contract between STEYR and the customer including the GTC to their legal successor.
11.4 The contract between STEYR and the customer and the GTC contain all affected agreements. Verbal supplementary agreements are not considered valid. Supplementary agreements, subsequent amendments or changes to the contract must be confirmed in writing by STEYR to be considered valid.
11.5 Should individual clauses of the contract between STEYR and the customer including the GTC be or become invalid, the remaining content of the agreed contracts and the GTC remain unaffected. The complete or partially invalid provision shall be replaced by a valid provision, the intention of which will be as close as possible to the original commercial intention.