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Vibbla Technology GmbH
Terms and conditions acceptance
- Vibbla Technology GmbH renders ‘Vibbla’ services via the following Internet website http://www.Vibbla.com/ on principles set out in this terms and conditions document.
- By accepting these terms and conditions, the user confirms to have read, understood and accepted its contents.
- Accepting these terms and conditions is a condition to use products and services provided by Vibbla Technology GmbH
- All users are obliged to observe these terms and conditions.
- Further use of products and rendered services after additional modifications in the terms and conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the user from using the offered products and services.
- All software, used by users in accordance with its application and purpose defined in these terms and conditions, available on the following website http://www.Vibbla.com/ and provided by Vibbla Technology GmbH shall be deemed as service or product.
- The use of any new services and products available on aforementioned website, after the user has accepted the terms and conditions shall be subject to its provisions.
- Vibbla Technology GmbH is exclusively entitled to decide on functionality, the use, subject matter and the range of particular services and products as well as to cease rendering these services.
- Vibbla Technology GmbH is exclusively authorized to decide on the contents and the nature of the software as well as to freely add, change or remove particular elements.
Access and the use of services
- Vibbla Technology GmbH services and products are exclusively designated for business use and must be used only in accordance with their purpose, application and their general characteristics.
- Vibbla Technology GmbH services and products can be accessed solely by logging on particular website.
- Every user is assigned a particular password and login which must not be used by third parties without the user’s consent. The user is responsible for keeping and proper security of his password and login.
- The user must be at least 13 years of age to be able to register and to access his or her Vibbla account.
- The user undertakes to use the services and products in accordance with their use, purpose and in the manner consistent with both these terms and conditions and provisions of currently effective law.
- The user bears full responsibility for all contents, phrases and entries added to the network in connection with the use of offered services and products.
- The user understands, has become familiar with technical requirements necessary to use the services and products and has no objections in respect thereof. The user is aware of risk and threats connected with electronic data transmission.
- Vibbla Technology GmbH reserves the right to access individual users’ accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to third parties unless required by provisions of law.
Trademarks and copyright
- “Vibbla” is a trademark owned by Vibbla Technology GmbH and is therefore subject to national as well as international protection.
- The Vibbla Technology GmbH service provider states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, computer software as well as to all company signs, symbols and trademarks used within its scope of business activity. These assets are protected respectively by: an act dated 4th February 1994- Copyright and Neighboring Rights; an act dated 16th April 1993- Combating of Unfair Competition; an act dated 30th June 2000-Industrial Property Rights; European Union Law and other binding international agreements.
- All services and products offered by Vibbla Technology GmbH, which constitute specific works, are its exclusive property and are covered by an act on copyright and neighboring rights
- Website addresses as well as their contents and layouts are protected by the aforesaid acts.
- Prior written consent of Vibbla Technology GmbH is required for any not permitted business and non-business use of offered services and products. Such consent is required in particular when disseminating and publicizing particular elements(e.g. photos, films, texts) in other Internet services, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications)
- Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the user without express consent of Vibbla Technology GmbH is prohibited. Such acts are not deemed to be the proper use of services.
- The user must not modify or change the purpose and use of offered services and products. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of Vibbla Technology GmbH is prohibited.
- The use of offered services available on http://www.Vibbla.com/ is free of charge for the first 30 days.
- After that period if the user wishes to continue using our services he will be requested to make a payment according to currently effective price list.
- All payments shall be non-cash transactions, conducted electronically by external professional entities.
- Default in payment according to currently effective price list means resignation from the provided services.
- The receipts for all payments will be provided electronically and stored in the product as PDF files.
- The user shall be given a 14 day period notice of all changes in the price list.
- Regardless of the billing cycle, we provide no refunds or credits for unused time of the service or plan downgrades if you decide to close your account before the end of your subscription period.
- There will be no exceptions in order to treat all users equally and to keep our administrative costs low for the ultimate benefit of our customers.
- The user may close his account at any time. Account closing means that the further use of services with the use of current password and login shall no longer be possible.
- The user is responsible for closing his account.
- Closing the account by the user before the end of settling period for which a payment has been made does not obligate Vibbla Technology GmbH to refund the amount for the unused period.
- Vibbla Technology GmbH reserves the right to close user’s account due to gross infringement of the provisions of these terms and conditions or in the event of illegal use of the offered services.
- Vibbla Technology GmbH shall not be liable for damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault.
Guarantee and limited liability
- Vibbla Technology GmbH guarantees the highest quality of its operations to ensure accessibility and continuity of offered services and products in accordance with their use and purpose. No long distance data transmission, however, guarantees 100% security, continuity and accessibility of the provided services.
- Vibbla Technology GmbH does not guarantee compatibility of offered services and products with other producers’ software. The user shall bear responsibility for the choice and consequences following from the use of other software including its applicability to user’s objectives.
- Vibbla Technology GmbH stipulates that opinions given by users do not reflect in any possible manner its views and opinions. Vibbla Technology GmbH does not monitor or control users’ opinions on a continual basis; if, however, any opinions in breach with these terms and conditions should be revealed efforts shall be immediately made to remove them as soon as possible.
- Vibbla Technology GmbH shall bear no liability in particular for:
a) All negative consequences being the result of force majeure,
b) Phrases and entries added to the network in connection with the use of offered services and products,
c) Unlawful and inconsistent with these terms and conditions users’ operations while using offered services and products,
d) Disturbances in accessibility of offered products and services not caused by Vibbla Technology GmbH,
e) Damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault,
f) Damage suffered by the user as a result of a third party using his data that enable him to access the provided services and products,
g) Damage following from the use or the impossibility to use offered products and services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement,
h) Consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and services.
All disputes arising in connection with these terms and conditions shall be primarily resolved amicably.
All disputes that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of Vibbla Technology GmbH registered office.
The provisions of Civil Code, the act on copyright and neighboring rights, an act on electronic services providing and other provisions of effective law shall be applicable in issues not governed by these terms and conditions.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Vibbla Technology GmbH, Trautenfelserstraße 281, 8952 Irdning, AUSTRIA, Email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from
the day on which we are informed about your decision to withdraw from this contract. We will carry out such eimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only
liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Vibbla Technology GmbH
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the
following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.