General Terms and Conditions
The operator of Connect it Boat is t-matix solutions GmbH, Neuseiersberger Straße 157, 8054 Graz, Austria (“t-matix”)
To be able to enjoy the full range of Connect it Boat products and services, you require a one-time registration (see section 4 below).
2 APPLICABILITY OF TERMS
t-matix solutions provides Connect it Boat based on these GTC and all other agreements on which it is based are defined by the user.
t-matix solutions offers Connect it Boat on the basis of these GTC. The user accepts these GTC as well as any other agreements to which it may be referred, either by (i) their use, if no registration is required, or (ii) registration if a profile is necessary.
Neither the registration nor the use of the full range of products and services is possible without agreement to these GTC.
These GTC apply to all access points, including (sub-) domains or mobile applications of Connect it Boat.
2.4 Period of validity
These GTC, in the currently valid version of 7 December 2017, are valid until further notice.
3 OBJECT OF THE AGREEMENT
Connect it Boat currently offers its users the following essential features and information in several languages:
3.1 Connect it Boat Portal
Statistics, reports and evaluation of the position of the boat, routes driven, danger areas, bilge pump activity, battery condition, etc.
3.2 Mobile Applications
- Apps for Apple iPhones, Android and in the future for more smartphones worldwide.
- Relevant data is transferred from the smartphone to the Connect it Boat Portal or shared with other social networks, e.g. Facebook.
- The user hereby acknowledges that, when transferring the data from the smartphone to the Connect it Boat portal, any costs incurred by the mobile operator are to be borne by the user.
- The mobile applications are only available to smartphone owners.
- On the part of the smartphone provider, additional terms and conditions of use or general terms of business apply to the user.
4.1 General Information
To be able to use Connect it Boat, a one-time registration is required:
- By registering on the Connect it Boat Portal
- By registering via the Connect it Boat App
4.2 Implications of Registration
With the registration the user confirms his knowledge and unrestricted acceptance of the contents of these GTC and indicates that all information is true, correct, current and complete.
4.3 Rights of t-matix
t-matix reserves the right to contact the user at any time in order to verify the registration data.
4.4 User Identity
t-matix does not guarantee the actual identity of the user, since the identification of persons on the Internet is only partially possible.
t-matix sends newsletters to registered users. With the acceptance of these GTC, the user consents to receive the newsletter. The user has the possibility to unsubscribe from this newsletter with every receipt of the newsletter. The user will no longer receive newsletters from the time of deregistration.
6 GENERAL CONDITIONS FOR ALL USERS
6.1 Inappropriate Use
- The user must protect his login credentials from unauthorized access by third parties, misuse or fraudulent use. The user shall immediately notify email@example.com of any unauthorized, abusive use or fraudulent use of his account, as well as the suspicion that his account may be exposed to such risk.
- t-matix has the right to close or cancel the account of any registered user should an abusive or fraudulent use of the account occur.
6.2 Subscription Types and Prices
t-matix offers different subscription periods so that the user can purchase those that best suit their needs. The prices can be changed at any time by t-matix.
Subscriptions must be paid in advance. In other words, the user chooses the subscription period that best suits his needs. As soon as the user has booked and paid, this validity period is recorded in the user account.
6.4 Validity Period
As soon as the subscription period chosen by the user expires, access to the Connect it Boat product is terminated. The user can obtain information with regards to his subscription validity period at any time via their user account.
7 TERMINATION OF USER AND SUSPENSION
7.1 Valid reasons for Suspension
t-matix reserves the right to exclude the user from the Connect it Boat product, for compelling reasons, e.g. in the case of gross violations of the user obligations as set out in these GTC and in the documents referenced therein.
Upon termination of use in accordance with section Termination of the User and Suspension, the following applies:
- All data will be disabled.
- At the request of the user, all personal data relating to the user will be permanently deleted. This requires sending a request for final deletion via email to firstname.lastname@example.org , using the email address given at the time of registration. t-matix will carry out such requests within 10 days and shall maintain records for one year from the date of deletion.
8 USER OBLIGATIONS AND CONDUCT
8.1 Obligations of the user
Every user of the Connect it Boat products is obligated,
- to accurately record their registration data and to keep it up to date and complete, and not to pass it on to third parties;
- to only store, publish, transmit and share content, e.g. photos, images, text, presentations, or videos to which they are authorized, i.e. (a) either the user owns the exclusive rights of use or (b) if the user is not the Owner of the rights to any content he has uploaded, he shall guarantee to t-matix that he has effectively obtained all necessary rights, licenses, consent or the like. This also applies to copyright protected content such as company and trademark. The responsibility for this content lies solely with the user;
- to not store, publish, transmit and share any racist, abusive, discriminatory, defamatory, sexual, violent, or other illegal content;
- to not interfere with the t-matix network using any technical or electronic equipment, including the t-matix products. This includes hacking attempts, brute force attacks, virus/worm/Trojan infiltration, and other disruptions that may affect the t-matix software and/or hardware;
- not to copy, share and transmit accessible data without the express consent of the respective owner of the contents, or to read them using technical tools such as crawlers or bots;
- to immediately notify email@example.com by e-mail of any violations of the above-mentioned obligations;
- to treat personal data with care and only grant persons access to their own data, to which there is already a close relationship; and
- regularly backup important personal data even externally, e.g. on storage media, hard disk or in the cloud. t-matix accepts no responsibility for lost or damaged data.
9 PENALTIES FOR BREACH OF OBLIGATIONS BY THE USER
In order to ensure proper and respectable rendering of the services, t-matix will carry out the following penalties in the event of breaches of the obligations of the User:
- Deletion of content;
- Temporary block of the User;
- Suspension (final blocking).
The choice of penalty depends on the intention, severity and manner of the offence, while respecting the mutual interests of both parties.
In accordance with this section, in case of breach of the obligations by the user resulting in suspension from the Connect it Boat product, the user will not be permitted to register again.
10.1 General Information
Connect it Boat allows its users to use the offered product and service portfolio in accordance with the legal provisions and the provisions of these GTC in order to upload, save, publish, transmit and share with other users.
The user agrees that via automatic evaluation of his or her usage behavior, he or she may be presented with offers and/or advertising messages tailored to him or her.
The user agrees that advertising marketed by t-matix can also take place in the context of the created content.
t-matix is entitled to store content and to pass it on to third parties, as far as this is required by law or is necessary and legally permissible in accordance with the required discretion, in order
- to comply with legal regulations or judicial or official orders;
- to ensure compliance with these GTC;
- to respond to the assertion of an infringement by third parties; or
- to protect the rights, property or personal safety of t-matix and Connect it Boat, its users or the public.
10.5 Use of Content
The user grants t-matix free of charge, irrevocable, non-exclusive, but unrestricted right of use to all content generated, transmitted, stored and published. t-matix is therefore entitled to use all contents irrespective of the usage method within the scope of the offer of Connect it Boat. This also includes the right of alteration and processing, unless the legitimate interests of the user are affected. The user grants t-matix moral rights in this context.
t-matix does not claim ownership of created content. t-matix will not assume any supervisory role regarding the content created by users.
t-matix reserves the right to delete content created by users without giving any reason.
10.8 Inaccurate Content
t-matix does not assume any liability for inaccurate content created by users.
Users are invited to observe the separate data protection regulations which are part of this contract, and are available on www.connect-it-boat.com.
12 WARRANTY AND LIABILITY
t-matix does not guarantee that
- Connect it Boat is available constantly, completely and error-free, or that the required software and hardware works flawlessly; and
- that data transport via external systems, in particular the Internet or telecommunications networks, is not tracked, recorded or falsified by third parties.
12.2 User´s Own Risk
The use of the offer from Connect it Boat is solely at the user’s own risk. This applies without limitation to
- the use of the hardware involved, including but not limited to the respective smartphone
- downloading of your own and other content by the user; and
- any exploitation by the user of data created by t-matix or provided by t-matix. The user expressly acknowledges that such data may be defective and t-matix assumes no responsibility for the accuracy of such data, as far as legally permissible.
13 DISCLAIMER OF LIABILITY
13.1 General Information
Within the framework of the existing legal provisions, t-matix is liable, irrespective of the legal reason (pre-contractual, contractual, non-contractual) only if damage was caused by t-matix, gross negligence or intentional. The liability of t-matix to a company for consequential damages, mere financial losses, loss of profit, damages from claims of third parties is excluded.
With the exception of the cases prescribed by law, neither t-matix, nor the companies affiliated with t-matix, are liable for damages arising from the use of content made available via the online and mobile services or other types of use of the online offer. This also applies to damage caused by errors, problems, viruses or data loss.
t-matix assumes no liability whatsoever for the downloaded material or material that the user has received as a result of the use of the provision of services of Connect it Boat. The user alone is liable for any damage it may cause to his computer system or smartphone, or for the loss of data due to the downloading of any materials related to Connect it Boat.
The user assumes full liability for any complaints, lawsuits, extrajudicial or any other type of conflict arising out of or in any way related to conflicts with other users. The user acknowledges and accepts that t-matix is under no circumstances and in no way responsible for the actions or omissions of other users, nor for any damage caused by the said acts or omissions
14 AMENDMENTS OF TERMS AND CONDITIONS
t-matix reserves the right to adjust these GTC from time to time in order to comply with the economic viability or to meet the user’s interests, especially but not limited to complying with the legal regulations or requirements. The general terms and conditions can be viewed in the respective valid version on www.connect-it-boat.com.
15 OTHER PROVISIONS
15.1 Severability Clause
If individual provisions of these GTC are or become invalid, the other terms and conditions remain unaffected.
15.2 Applicable Law and Statutory Venue
These GTC and all legal relations and disputes between users and t-matix are exclusively subject to Austrian law. The place of performance and exclusive jurisdiction for all disputes is Graz, Austria.