General Terms and Conditions of Use
SEVERE WEATHER CENTRE (UNWETTERZENTRALE)
1. SCOPE OF APPLICATION
UBIMET continuously provides meteorological information (hereinafter "Information Service") via the websites and the app. The Information Service includes in particular information on the current weather (domestic and foreign) as well as on the expected development of the weather, in particular information on rain, snow, thunderstorms, wind and black ice rain, if the published threshold values are exceeded in the region selected by the user (hereinafter "Severe Weather Warnings").
There are different options to use the Information Service provided by UBIMET. For more detailed information, please refer to the DATA PROTECTION POLICY OF SEVERE WEATHER CENTRE (UNWETTERZENTRALE):
- Use free of charge with advertising
- Use without advertising and tracking-free – Contentpass
- Use with registration for Severe Weather Warnings by e-mail or SMS
UBIMET reserves the right to restrict, discontinue or change any or all of the information and services provided as part of the Information Service, or to make the subscription dependent on a fee.
Content and Information Services that are subject to a fee are clearly identified as such. These are provided subject to registration and conclusion of a subscription via the Information Service.
UBIMET is furthermore entitled to block individual or all user accesses to the password-protected area of the website, even without giving reasons. A blocking occurs in particular if contractual relationships of the user with cooperation partners of UBIMET end.
2. USE OF THE INFORMATION SERVICE AGAINST PAYMENT - INFORMATION CONTRACT
2.1 Conclusion of information contracts
- 2.1.2 Deviating, conflicting or supplementary General Terms and Conditions (GTC) of the user shall only become part of the contract if and to the extent that UBIMET has expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example even if UBIMET provides the services without reservation in the knowledge of the user's GTC.
- 2.1.3 Users shall be informed of the content of the respective chargeable service, the total price and the term immediately before the conclusion of the chargeable contractual relationship. By pressing the button "Conclude subscription", the user declares that he/she wishes to conclude a contract for the chargeable services selected by him/her. The contractual relationship arises with the e-mail confirmation of the concluded contract by UBIMET.
2.2 Subject matter of the contract / services of UBIMET
- 2.2.1 UBIMET continuously produces meteorological information. The information includes in particular Severe Weather Warnings. UBIMET shall make the information available for retrieval by the user or transmit it to the user in accordance with the following provisions.
- 2.2.2 UBIMET makes the information available for retrieval by the user on its website. General information is made available in the free area of the Internet offer, specific information in a protected area of the Internet offer.
- The general information in the free area of the website includes in particular general information on the prevailing warning situation in the federal states and districts.
- The specific information in the protected area of the Internet offer includes in particular more detailed Severe Weather Warnings for the warned communities. For this purpose, UBIMET provides the user with an user ID and a password with which the user can access the protected area of the internet service.
- 2.2.3 Depending on the type of subscription, UBIMET shall additionally transmit Severe Weather Warnings using telecommunication facilities to the user and/or further users. UBIMET shall transmit the Severe Weather Warnings at the user's choice
- as a text message (SMS) to a mobile telephone number specified by the user and/or as a text message to an e-mail address specified by the user.
- The permissible number of recipients results from agreements made between UBIMET and the user.
- The basis for the transmission is exclusively the e-mail addresses and mobile phone numbers provided by the user and specified by UBIMET in the order confirmation as well as the warning area specified by the user in the offer.
- 2.2.4 The user shall be entitled to request the change of the e-mail addresses or mobile phone numbers specified in the order confirmation by means of a written declaration or a declaration transmitted by e-mail.
- 2.2.5 UBIMET shall inform the user by e-mail as soon as the requested change has been made. From the time the e-mail information is sent by UBIMET, the information shall be transmitted to the e-mail addresses or mobile phone numbers specified in the e-mail information.
- 2.2.6 The user shall be obliged to compare the e-mail addresses or mobile telephone numbers notified by him with the submitted e-mail information by UBIMET immediately after receipt and, in the event of discrepancies, to request a change.
2.3 Updating, transmission, availability
- 2.3.1 The information on the websites shall be made available to the user for retrieval 14 days after conclusion of the contract (i.e. after expiry of the revocation period). Severe Weather Warnings shall be transmitted to the user using telecommunication facilities after 14 days from conclusion of the contract (i.e. after expiry of the revocation period). If the user requests that UBIMET begin to provide services before the expiry of the 14-day revocation period, the user shall pay UBIMET a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which the user has informed UBIMET of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.
- 2.3.2 The information in the free and in the protected area of the Internet offer shall be updated continuously in accordance with the weather situation. The time of the last update of the information is indicated in the Internet offer.
- 2.3.3 The transmission of Severe Weather Warnings using telecommunication facilities shall take place within a reasonable period of time after the information for the warning area specified by the user has been updated in accordance with the preceding paragraph.
- 2.3.4 The transmission shall be deemed to have been provided by UBIMET if the respective warning notice has been handed over for transmission to the operator of the respective telecommunication network, mobile network or the operator of the e-mail service for the purpose of transmission in a form technically suitable for the respective mode of transmission.
- 2.3.5 Planned maintenance work shall be carried out by UBIMET in periods which are usually low in use and the user shall be informed of this in a suitable form, at least electronically, if the availability of the services should be affected by this.
2.4 Prices and terms of payment
- 2.4.1 UBIMET provides its services against payment, the amount of it is to be taken from the offer. Unless otherwise stated, all prices are exclusive of statutory value added tax.
- 2.4.2 The agreed remuneration shall be due for payment without deduction within 14 days of invoicing, unless advance performance by the user has been agreed.
- 2.4.3 If the user is in default of payment, UBIMET shall be entitled to charge interest in the amount of 9 % per annum of the amount in default, subject to the separate assertion of further damage caused by default. In the event of default, the user undertakes to reimburse UBIMET for any reminder and collection expenses incurred, insofar as they are necessary for the appropriate legal prosecution.
2.5 Duties of cooperation of the user
In order to use the contractual services, it is necessary that the user uses certain technical systems, such as terminal equipment (e.g. computers, mobile phones, tablets), software programs, transmission paths, telecommunications and other services of third parties, through which further costs, in particular connection charges, may arise. UBIMET does not provide such terminal devices, software programs, transmission paths, telecommunication and other services and does not assume any liability or guarantee for such services of third parties. The user shall be obliged to operate the communication infrastructure (mobile phone and fax connections, e-mail accounts) used to receive the Severe Weather Warnings to be transmitted by UBIMET at his own expense and to keep it ready for receipt.
2.6 Term of contract, termination
- 2.6.1 The information contract with the user comes into existence with the e-mail confirmation of the concluded contract by UBIMET and ends after the agreed term.
- 2.6.2 The
right to extraordinary termination for good cause remains
unaffected by this. Good cause shall be deemed to exist in
- a party permanently ceases its business activities.
- 2.6.3 If the information contract is extraordinarily terminated by UBIMET for a reason for which the user is responsible, no pro rata refund of the remuneration already paid shall be made.
2.7 Right of withdrawal of the user
- 2.7.1 The user has the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day of the conclusion of the contract.
- 2.7.2 In order to exercise the right of revocation, the user must by post to: UBIMET GmbH Donau-City-Strasse 11 1220 Vienna Austria Telephone number: +43 1 263 11 22 0 or by fax to: +43 1 263 11 22 219 or by e-mail to: firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of the decision to revoke this contract. The user can use the attached model withdrawal form for this purpose. However, the use of this form is not mandatory.
- 2.7.3 In order to comply with the cancellation period, it is sufficient for the user to send the notification of the exercise of the cancellation right before the expiry of the cancellation period.
- 2.7.4 If the user revokes this contract, UBIMET shall repay to the user all payments which UBIMET has received from the user without undue delay and at the latest within fourteen days from the day on which the notification of revocation of this contract was received by UBIMET. For this repayment UBIMET shall use the same means of payment which the user used for the original transaction, unless expressly agreed otherwise with the user; in no case shall the user be charged any fees for this repayment.
- 2.7.5 If the user requests UBIMET to start providing services during the 14-day cancellation period, the user shall pay UBIMET a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which the user has informed UBIMET of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
- 2.7.6 For a clear allocation, the user's declaration of revocation should contain the following information:
- Date of conclusion of the contract;
- Name of the user;
- Address of the user.
3. RIGHTS OF USE OF THE INFORMATION SERVICE AND THE INFORMATION PROVIDED (applies to free and paid use)
- 3.1 UBIMET grants the user the non-exclusive right to use the Information Service, limited in time to the duration of the actual provision of the information and factually to the purpose of use. The purpose of use is the user's own procurement of information for private purposes as well as for professional purposes, provided that the use is not for commercial exploitation of the information. Not included in the purpose of use and thus expressly prohibited is the complete or partial publication of the information, the duplication of the information, the provision of the information for private or commercial use, for the creation or supplementation of own databases, for the performance of an Information Service, as well as for all purposes which conflict with the interests of UBIMET. Furthermore, any use of the Information Service which may lead to damage, overloading or other impairment of the functionality of the Information Service, as well as generally for illegal or immoral purposes, shall be prohibited.
- 3.2 The user acknowledges that the contents of the Information Service, in particular the photographic, image and text material provided within the framework of the Information Service (in particular postings), are protected by copyright, even if the contents do not display any copyright notices. Any type of use that exceeds the right of use described in point 3.1 is therefore inadmissible and, moreover, punishable by law. In particular, any reproduction of the photo, image and text material for the purpose of independent use and exploitation is not permitted.
- 3.3 The user shall be obliged to treat the user ID and password provided by UBIMET for access to the protected area of the Information Service confidentially, in particular not to make them accessible to third parties and/or to allow third parties to gain knowledge of them - even accidentally.
- 3.4 In case of suspicion of infringement of the rights of use transferred to the user by third parties, the user undertakes to support UBIMET to a reasonable extent - in particular by providing information and/or handing over corresponding documents - in the clarification and prosecution of the case of suspicion.
- 3.5 In the event of copyright infringements, UBIMET reserves the right to assert claims in court and to report such infringements to the competent criminal prosecution authorities.
4. WARRANTY AND LIABILITY (applies to free and paid use)
- 4.1 UBIMET provides its services in accordance with the recognized rules of meteorological science and technology. However, due to the large number of factors influencing the weather, the actual weather situation cannot be reliably predicted in every case. Nor is it possible to accurately reproduce the weather situation in retrospect. Rather, UBIMET's services represent meteorological forecasts based on meteorological experience and calculation models with certain probabilities. Deviations from the actual weather situation cannot be avoided. UBIMET therefore accepts no liability whatsoever vis-à-vis the user or third parties associated with the user or other third parties in connection with any failure of meteorological data and forecasts to correspond to the actual weather situation. UBIMET does not assume any warranty and/or liability for the correctness of the content, actuality, accuracy and/or completeness of the services as well as for a certain usability.
- 4.2 UBIMET expressly points out that the information provided is not official alert. If the user is dependent on official severe weather alerts and/or is obliged to obtain them, he may not be able to fulfil this obligation by using the services of UBIMET.
- 4.3 Furthermore, UBIMET does not assume any warranty and/or liability for the uninterrupted availability of the Information Service, technically caused failures or the implementation of updates of the information. Any liability of UBIMET for technically caused failures, interruptions, missing or faulty data transmissions or other problems in this context as well as their consequences is excluded. In particular, the user is aware that UBIMET has to carry out temporary maintenance work, which may lead to a temporary unavailability of the information. Any liability on the part of UBIMET or other legal claims of the users against UBIMET shall be excluded.
- 4.4 Insofar as UBIMET refers to information offers of third parties by means of links and other references, this does not mean that UBIMET makes the information offer of third parties part of its own information offer. UBIMET also does not control the information offers of third parties and does not assume any liability whatsoever for their contents and/or their availability.
- 4.5 UBIMET shall only be liable for damages if it is proven to have acted with intent or gross negligence, limited to foreseeable damages typical for the contract as a result of the breach of essential contractual obligations. In addition, or beyond this, claims for damages of the user against UBIMET, irrespective of their legal nature, shall be excluded if and to the extent that this does not conflict with mandatory law.
- 4.6 UBIMET does not warrant that the services used by the user are free from third party rights, in particular copyrights, trademark rights or other rights of use. Liability for any resulting damage to the user is excluded.
- 4.7 UBIMET does not assume any liability for the freedom from viruses and other harmful programs, such as spyware, Trojans and the like. Before downloading information, software and documentation the user shall ensure appropriate security devices and virus scanners for his own protection and to prevent viruses on the UBIMET website.
5. PROVISION OF CONTENT BY USERS (applies to free and paid use)
- 5.1 User may provide photographic and other image material as well as texts (in particular postings) within the framework of the Information Service by means of upload. The photo, image and text material provided must be related to the current weather.
- 5.2 User guarantees that all photographic, image and text material provided by him is permissible and in particular does not violate the law or morality. Furthermore, the user guarantees that he is entitled to all rights to the photographic, image and text material and that the provision of the photographic and image material does not infringe any third-party rights, in particular third-party copyrights. The user is obliged to indemnify and hold UBIMET harmless in case of assertion of such legal claims of third parties.
- 5.3 UBIMET is entitled to remove the photo, image and text material provided by the user at any time without giving reasons.
- 5.4 With the provision of the photo, image and text material by the user, the user grants UBIMET the sole and thus exclusive, temporally and spatially unlimited right of use and exploitation of the photo, image and text material, which includes in particular the right of reproduction, distribution and making available. The user is not entitled to any remuneration for this.
6. BLOCKING ACCESS TO INFORMATION (applies to free and paid use)
- 6.1 The user shall be obliged to treat the user ID and password provided by UBIMET for access to the protected area of the Internet offer confidentially, in particular not to make them accessible to third parties and/or to allow third parties to gain knowledge - even accidentally.
- 6.3 In the event of an improper use of the Information Service and/or the information provided within the scope of the Information Service, UBIMET shall be entitled to claim lump-sum damages in the amount of EUR 10,000 per infringement, irrespective of the actual damage incurred. UBIMET also reserves the right to claim damages exceeding the liquidated damages in or out of court.
7. DATA PROTECTION (applies to free and paid use)
Personal data is only collected, processed and/or used if the user has consented or if this is permitted by law. Personal data is used on the basis of legal permission, in particular in connection with the fulfilment of UBIMET's contractual obligations towards the user. All information on the subject of data protection can be found in the Data Protection Declaration published on the websites.
8. CHOICE OF LAW AND JURISDICTION (applies to free and paid use)
- 8.1 The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and any provisions of the Austrian Private International Law Act referring to other legal systems.
- 8.2 The place of performance shall be Vienna and the exclusive place of jurisdiction shall be the competent court in Vienna.
- 8.3 Claims against UBIMET may not be assigned except with the express written consent of UBIMET.
UBIMET GmbH Status: May 11th, 2023