General terms and conditions of use
1 Area of application
The use of these web pages (hereinafter: "VYA Mobile Website") provided by VYA Mobile Germany e.K is permitted exclusively under these conditions. In individual cases, these general conditions of use may be supplemented, modified or replaced by further conditions, for example for the acquisition of products and/or services. In the event of contradictions between these general conditions of use and the further conditions, the further conditions take priority.
The conditions of use can be accessed via the Internet and can be printed out.
The applicability of these conditions of use is accepted by logging into a password-protected area by means of a user name, or, if no separate log-in is required, simply by commencing usage of the VYA Mobile Website.
2 Services and availability
2.1 Unless otherwise agreed in individual cases, VYA Mobile hereby grants the user a limited, i.e., non-exclusive and non-transferable, right to access the VYA Mobile Website and its contents for private use, to use the website and to display it on the screen, in accordance with the provisions of these conditions of use.
2.2 VYA Mobile offers the user the use of the website with the reservation that it is available. Use may be limited or partially interrupted by maintenance work, further developments or service disruption. In some circumstances, this may also lead to a loss of data. This does not result in any right to claim damages for the users affected. VYA Mobile is also authorised to change or cease the provision and availability of this website at any time at its own discretion and without prior notification.
3 Registration and password
3.1 In the interests of business security, some pages of the VYA Mobile Website may only be available to registered users. There is no entitlement to registration with VYA Mobile. In particular, VYA Mobile reserves the right to subject web pages that were previously freely accessible to a registration requirement. VYA Mobile is authorised to withdraw access authorisation at any time by blocking the access data without specifying reasons for such withdrawal, in particular if the user:
• Has entered false information for registration
• Has violated these conditions or the duty of care for handling the access data, or
• Has violated applicable law when accessing or using the VYA Mobile Website
3.2 If the user requests registration with VYA Mobile, the user is obliged to enter only true information for registration and to inform VYA Mobile of any subsequent changes immediately (where possible, online).
3.3 During registration, the user selects a user name and a password (hereinafter "user data"). The user data enables the user to view and change his data or, where applicable, to withdraw or extend any consent given for processing of this data.
3.4 The user ensures that the user data is not accessible to third parties and is liable for all orders and other activities undertaken using his user data. After every use, the user must exit the area protected by the password. If the user becomes aware that third parties have gained knowledge of his user data or that his user data is being used improperly, he is obliged to inform VYA Mobile immediately in writing at the following address: VYA Mobile Germany e.K, Altrottstraße 31 69190 Walldorf., Germany, or by eMail to email@example.com.
3.5 On receipt of notification as per 3.4, VYA Mobile will immediately block access to the password-protected area using this user data. The block may only be removed after the user makes a special application to VYA Mobile.
3.6 The user can request deletion of his registration at any time in writing. Deletion takes place immediately after any current contractual relations have been processed. In this case, VYA Mobile will delete all user data and other stored personal data relating to the user as soon as this data is no longer required.
3.7 If VYA Mobile ceases the operation of the VYA Mobile Website either in whole or in part, or ceases one or multiple password-protected areas on the VYA Mobile Website in whole or in part, VYA Mobile reserves the right to delete user data stored in connection with the terminated area.
4 Rights of use for the contents of this website
4.1 The use of the product-related information, software and documentation, e.g., texts, graphics, images, videos, product images and user manuals, made available on the VYA Mobile Website (hereinafter "website content") is subject to the following conditions. Separately agreed licence conditions take priority over these conditions.
4.2 In the relationship with the user, all rights, in particular the proprietary rights of use and exploitation, relat-ing to the content available on the VYA Mobile Website are reserved exclusively by VYA Mobile.
4.3 Unless specified otherwise in 4.3 to 4.5, the user of this website is authorised to access website content stored on the VYA Mobile web server for his own information purposes, to display the content on his computer and to store the content in the cache or buffer temporarily for this purpose. Other types of use, in particular permanent storage and the production of copies, as well as the use of the data for personal or third party business purposes, are expressly prohibited.
4.4 Contrary to 4.3, VYA Mobile grants the user a non-exclusive and non-transferable right to use the website content available on the VYA Mobile Website for the purposes of commissioning and when operating VYA Mobile products. The use of website content is restricted exclusively to private use. Reproduction, publication, distribution, rental, processing or sale and simple forwarding of the website content to third parties, in particular for commercial purposes, are not permitted.
4.5 Commercial use of the content of the website is not permitted.
5 User obligations
During interactive use of the VYA Mobile Website, e.g., through use of the stored contacts, social media buttons or web blogs, the user is not permitted to do the following in particular:
• Cause harm to persons, in particular minors, or to violate their personal rights
• Behave immorally
• Violate commercial protection rights and copyrights or other rights of ownership
• Transmit content with viruses, Trojans or other programming that can damage software
• Enter, store or send hyperlinks or content to which he has no entitlement, in particular if these hyperlinks or content violate obligations of confidentiality or are illegal, or
• Distribute advertising material or unsolicited eMails ("spam") or inappropriate warnings of viruses, malfunctions or similar or invite participation in competitions, pyramid sales, chain letters, Ponzi schemes and comparable campaigns
5.1 The user is also obliged to satisfy the recognised principles of data security to protect the data and to comply with the obligations of the data protection provisions. The user is obliged to back up his data regularly, at least once each month.
5.2 VYA Mobile reserves the right to block access to the VYA Mobile Website or the password-protected area at any time if the user violates his obligations as detailed in these conditions.
6.1 The VYA Mobile Website can contain hyperlinks to third-party websites. VYA Mobile accepts no liability for the accessibility of such third-party Internet pages and accepts no responsibility for the content of these external web pages, nor does VYA Mobile adopt these web pages and their content as its own property, as VYA Mobile does not control the linked information and is not responsible for the content and information contained therein. The use of such third-party web pages is at the user's own risk.
6.2 Contracts concluded between the user and the operator of such a third-party web page are subject exclusively to the conditions agreed with the third party.
7 Liability for material defects and defects in title
7.1 Where website content is delivered free of charge, liability is excluded for material defects and defects in title with regard to the website content, in particular regarding its accuracy, correctness, freedom from protection rights and copyright of third parties, completeness and/or usability (except in cases of intent or gross negligence).
7.2 The content of the VYA Mobile Website may contain specifications or general descriptions of technical abilities of products that, in individual cases (e.g., due to product changes), may not always be valid and may therefore constitute neither a statement on the nature of a certain product nor a warranty for a certain product. Therefore, the desired service features of the products must be agreed in each individual case upon purchase.
8 Other liability and viruses
8.1 The liability of VYA Mobile for material defects and defects in title with regard to the website content is regulated by the provisions of Section 7 in these conditions of use. Any other liability of VYA Mobile is excluded provided there is no mandatory liability e.g., under product liability legislation, due to premeditation or gross negligence, because of injury to life, physical injury or damage to health, due to the adoption of a guarantee of quality, due to fraudulent concealment of a defect or due to violation of principle contractual obligations. The liability of VYA Mobile for loss of data is limited to the costs required to restore the lost data to the user's data processing system using existing backup copies. Compensation for damages due to violation of principle contractual obligations is limited to the typical contractual, foreseeable damage, except for the case of intent or gross negligence.
8.2 Although VYA Mobile always endeavours to keep the VYA Mobile Website free of viruses, VYA Mobile does not guarantee freedom from viruses. Before downloading website content, the user shall, for his own protection and to prevent viruses on the VYA Mobile Website, ensure the availability of appropriate security equipment and virus scanners.
8.3 The regulations in 8.1 and 8.2 do not result in a change to the burden of proof to the disadvantage of the user.
9 Export control
9.1 Due to its nature, purpose or end use, the export of certain website content may require legal or official approval. The user is obliged to strictly adhere to the export regulations applicable to the website content, in particular the regulations of the EU or EU members and of the USA. VYA Mobile identifies website content with regard to the approval requirements in accordance with the German and EU export list and the US Commerce Control List.
9.2 In particular, the user shall check and ensure that:
• The website content provided is not intended for armament-related, nuclear or weaponry use
• No companies or persons named in the US Denied Persons List (DPL) are supplied with goods, software or technology of US origin
• No companies or persons named in the US Warning List, US Entity List or US Specially Designated Nationals List are supplied with original US products without approval
• No companies or persons named in the List of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or the EU terrorist list are supplied
• No military recipients are supplied
• The early warning information of the relevant German authorities is observed
Access to website content on the VYA Mobile Website may only take place if it meets the above-mentioned checks and security requirements; otherwise, VYA Mobile is not obliged to provide website content.
10 Additional agreements, place of jurisdiction, applicable legislation
10.1 Additional agreements must be made in writing.
10.2 If the user is a commercial person as defined by the German Commercial Code, the place of jurisdiction is Germany.
10.3 The individual pages of the VYA Mobile Website are operated by and are the responsibility of VYA Mobile. The pages comply with the requirements of the country in which VYA Mobile is located. VYA Mobile accepts no re-sponsibility for website content on the VYA Mobile Website being accessed or downloaded at locations outside the country concerned. If users from locations outside the specified country access the VYA Mobile Website, they are exclusively responsible for compliance with the applicable regulations in accordance with the national legislation. Access to website content on the VYA Mobile Website from countries in which this access is illegal is not permitted. In this case, and if the user wishes to enter a business relationship with VYA Mobile, the user should contact VYA Mobile representatives in the respective country.
10.4 German law applies under exclusion of the UN Convention on the International Sale of Goods.