I. General Terms and Conditions of Use for Websites of the WALTER GROUP
I.1. Scope of Applicability and scope of services
(1) These terms and conditions apply to the use of the websites provided by the LKW WALTER Internationale Transportorganisation AG and its affiliated group companies (hereafter referred to as “WALTER GROUP”).
(2) This page contains the website’s general terms and conditions of use. By accessing or using the website (hereafter "using"), all users and visitors (hereafter "users") acknowledge the validity of the general terms and conditions of use. The WALTER GROUP reserves the right to amend the terms and conditions at any time at its own discretion.
(3) Alternatives for registered users:
By clicking on the “Agree” or the “Send” button, users agree to the website’s terms and conditions as being binding to them. The WALTER GROUP reserves the right to amend these terms and conditions at its own discretion. Users must again consent to the amended terms and conditions as described above by clicking on the “Agree” or “Send” button if they wish to continue availing themselves of the services of the WALTER GROUP.
(4) The WALTER GROUP offers industry and company-related information for clients, transport partners and requesters on its website. Some services (e.g. LOADS TODAY, customer platform CONNECT) are only accessible for registered users.
(5) The WALTER GROUP is entitled to discontinue the website in whole or in part and to alter content and services at its sole discretion. The WALTER GROUP does not guarantee uninterrupted availability of its website. No claims may be asserted with respect to the use or maintenance of the WALTER GROUP website.
I.2. Copyright / Intellectual Property
(1) The WALTER GROUP or its contractual partners hold copyright on the entire website (illustrations, texts, trademarks, images, videos, graphics). By using the WALTER GROUP website, the user shall acquire no licence or exploitation rights with regard to the rights covered under the website (e.g. intellectual property rights, copyrights and related rights, etc.). Without prior written consent from the WALTER GROUP, its website content (including trademarks, designs, images, texts and parts thereof) may not be altered, copied, reproduced, used, amended or otherwise exploited. The reproduction, exploitation or application of those materials which are expressly offered for use shall be exempted from the above prohibition.
(1) The WALTER GROUP shall only be liable for damage incurred by a user in connection with using the WALTER GROUP's website, if such damage is caused through wilful intent or gross negligence.
(2) The WALTER GROUP shall not be liable for direct, indirect or consequential damage or loss incurred by a user, irrespective of whether ensuing from contract, tort (including negligence) or otherwise, provided that such damage or loss falls into one of the following categories::
(i) Loss of profit and consequential damage
(ii) Accidental losses and loss of profit
(iii) Loss of business opportunities
(iv) Loss of goodwill and data
(3) The WALTER GROUP has taken all reasonable care to ensure that the information posted on its website is correct and complete at the time of posting. The WALTER GROUP makes no representations, warranties or guarantees with respect to the information provided on our website, such as downloads, services offered by third parties, external links or other content, which are being used or taken either directly or indirectly from our website or which are accessible there. The WALTER GROUP also reserves the right to make changes or amendments to the posted information without prior notice.
(4) The WALTER GROUP shall not be liable for damage caused through improper or incorrect use of a user’s account by a user himself, or due to misuse or loss of ID features or data stored by a user.
(1) The WALTER GROUP endeavours to keep its website operating and accessible without interruption (i.e. to the extent possible according to current technical, commercial, operational and organisational standards).
(2) The WALTER GROUP assumes no warranty or guarantee that its website or its content be available uninterruptedly or at all, that it be free of errors or that errors will be corrected; nor does the WALTER GROUP warrant or guarantee that its website or tools (e.g. servers) are free from viruses or other hazardous components. To the fullest extent permitted by law, the WALTER GROUP expressly excludes any liability on its own part for damage of whatever kind which may result from the provision of its website or tools.
(3) The WALTER GROUP accepts no liability for downtimes due to technical difficulties or other problems.
I.5. External links
The WALTER GROUP website contains external links to other third-party websites. The WALTER GROUP has no influence on the availability, quality and content of the externally linked websites; it assumes no responsibility for the content of external websites which might violate applicable law or otherwise result in user damage.
I.6. Secured pages
The website partially includes some SSL certificates from SwissSign. The SSL certificates from SwissSign include an effective encryption of user data during transmission to the web server and the identification of the provider (WALTER GROUP), as well as the authentification of the website's authenticity for protection against phishing.
The user declares that the general provisions of the SwissSign Gold CP/CPS (repository.swisssign.com) and the SwissSign Gold End User Agreement (repository.swisssign.com) are known to him and that he has read and accepted these and will comply with them. The WALTER GROUP disclaims all liability to the user in connection with the use of SSL certificates.
I.7. Passwords and user accounts
(1) Some services (e.g. LOADS TODAY, customer platform CONNECT) are only accessible for registered users. After a user registers and the WALTER GROUP verifies the registration, the user receives a password enabling him to access the user account.
(2) Users are responsible for safeguarding password secrecy and any other such similar information if applicable, as well as for all activities that result from the user account. Any unauthorised use of a user account or other breach of security must be reported to the WALTER GROUP immediately. The user´s partner number is required for the registration of user accounts and/or subscription applications. Users are not authorised to disclose or provide partner numbers or passwords to other persons. Any such password disclosure by a user may result in deletion of the user account and/or cancellation of his subscription.
(3) Data, content and information provided to a user on the basis of his user account may not be passed on to unauthorised third parties.
(4) The WALTER GROUP reserves the right to authorise or reject registration of or application for a subscription service without stating its reasons therefor. Furthermore, the WALTER GROUP is entitled to block any user account or any subscribed service without stating its reasons therefor.
I.8. Uploading of harmful material
The WALTER GROUP prohibits any uploading of computer programmes, files and other content containing harmful and/or disruptive features such as viruses, manipulated files, “hidden“ files (e.g. images integrated into audio files), worms, trojans and bots for purposes of scrolling, displaying several screens and for other activities which could disrupt the website’s integrity and proper functioning or might disturb online communication in general.
I.9. Online attacks
(1) Any and all online attacks on the WALTER GROUP website and data related to the WALTER GROUP and/or individual users is expressly forbidden.
(2) Any online attack shall lead to immediate disqualification of the user and shall be prosecuted under civil and criminal law.
II. Other terms
II.1. Place of jurisdiction
This contract is subject to Austrian law. The Vienna City Centre Commercial Court has jurisdiction over dispute settlements. Austrian law shall apply exclusively, precluding the UN Convention on Contracts for the International Sale of Goods – CISG and any and all principles on conflict of law as set out in Austrian international private law.
II.2. Changes and amendments, severability clause
(1) Changes and amendments to this contract may only be made in writing. Verbal subsidiary agreements shall be ineffective.
(2) Should one or more provisions set out in this contract be ineffective for whatever reason, the validity of the remainder of the contract shall not be affected.