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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.

I.3. Liability

(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.

I.4. Availability

(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. General data protection information

II.1. Legal basis

The WALTER GROUP will handle all data provided and/or disclosed on its website in compliance with the applicable statutory regulations set out in the Austrian Data Protection Act.

II.2. User consent to data usage

(1) The user agrees to receive electronically transmitted information, newsletters and advertising material (e.g. by e-mail) by the WALTER GROUP. This consent is revocable at any time, either directly at the “deregister” link in the newsletter or by e-mail sent to: 

austria@lkw-walter.com



(2) Based on the user’s web browser settings, the user expressly agrees to the use of cookies by the WALTER GROUP, particularly storing cookies on the user’s hard drive. See Item II.6. (Cookies) for more information.

(3) The user may at any time revoke the compilation and storage of personal data by the WALTER GROUP (Art. 28, Austrian Data Protection Act - DPA). To do so, the user must send an e-mail to austria@lkw-walter.com.

II.3. Right to information, right of correction or deletion

The user shall at all times have the right to information and to correct and delete stored data under the stipulations set out in the Austrian Data Protection Act (especially Art. 26 – 28 DPA). Users can contact the WALTER GROUP at austria@lkw-walter.com about such matters.

II.4. External service providers

The WALTER GROUP websites are operated and maintained together with external service providers. For purposes of development and testing, in certain cases anonymised data will be transmitted to the service providers. In some cases, the service providers will also be able to access unprotected data. However, the service providers shall be contractually obligated in advance to use the acquired data solely according to the instructions of the WALTER GROUP and to delete them after completion of the work.

II.5. Data security

The WALTER GROUP endeavours to offer the exchange of data via online media as securely as possible. In addition, users are requested to make reasonable efforts toward secure internet usage (current browser version, secrecy of access data for online platforms).

II.6. Cookies

(1) So-called “cookies“ are used to increase the functional scope of the internet and to make it more comfortable and user-friendly.

(1.1) Most of the cookies used by WALTER GROUP are automatically deleted from the user's hard drive at the end of the browser session (temporary cookies). Temporary cookies are required, for example, to offer the user certain form functions across multiple sites. In addition, WALTER GROUP also uses cookies which remain on the user's hard drive (persistent cookies). These persistent cookies have an age of 1 month to 10 years and delete themselves after the predetermined time or can be manually deleted by the user. The sole purpose of these cookies (persistent cookies) is for the internet offer to best suit the needs of the user and to make the site more convenient for users to use.

(1.2) Cookies from third party providers (so-called third-party cookies)
WALTER GROUP uses some third party providers (advertisers), who help to make internet offers more interesting for the customer. Therefore, when using the website, cookies (temporary or persistent cookies) from third party providers are stored on the user's hard drive. The sole purpose of third-party cookies is to give third party providers the opportunity to address users with targeted advertising. It is expressly stated that WALTER GROUP assumes no liability for lawful use of cookies by third parties.

(1.3) The cookies (WALTER GROUP and third party providers) do not contain personal data. Only pseudonymous data is collected under a user ID. This is, for example, data which includes sites the user has viewed and content which has been searched etc. This pseudonymous data will not be consolidated with the user's personal data at any time.

(1.4) The user can change the use of cookies by selecting the appropriate settings on the user browser. For example, it is possible to generally accept or reject cookies, or accept them in relation to an individual case. However, this may restrict the functional scope of the offer provided by the WALTER GROUP.

II.7. Website analysis

(1) The WALTER GROUP website uses Google Analytics, a web analysis service of Google Inc. (“Google”) Google Analytics uses so-called “cookies“. These are text files which can be stored on the user's computer and which may be applied to analyse use of the website by the user. As a rule, cookie-generated information on the usage of this website is transmitted to a Google server in the USA, where it is stored. In the event that IP anonymisation is activated on this website, however, Google shortens the user’s IP address beforehand in the European Union member states and other contracting states of the Agreement on the European Economic Area. Only in exceptional cases are full IP addresses transmitted to a Google server in the USA and shortened there. On instruction from the WALTER GROUP, Google will use this information to analyse usage on the website by the relevant users, to compile reports on the website activities and to provide other services to the WALTER GROUP in connection with website and Internet usage. The IP address sent from the user’s browser within the framework of Google Analytics is not combined with other Google data.

(2) Users may set the browser software such that the storage of cookies is prevented accordingly. Users are informed that, in such a case, it might not be possible to use all the functions on this website in their full scope. Furthermore, users may prevent Google from compiling data generated by a cookie and/or related to website usage (incl. their IP addresses) by downloading and installing the browser plug-in available at the following link.:

http://tools.google.com/dlpage/gaoptout?hl=en

II.8. Social media plugins

(1) Third-party applications (e.g. AddThis, Facebook, Google Plus, Twitter) are integrated into parts of the WALTER GROUP website, as well as content stored on third-party platforms (e.g. YouTube). Despite careful testing and active measures to safeguard data protection, the WALTER GROUP has no influence over the use of user data compiled by third parties on our website. Responsibility for these data lies exclusively with the providers of these applications.

(1.1) The website contains AddThis components. AddThis is a bookmarking service that allows the user of the website to share the currently selected page with other users on social networks such as Facebook, Twitter, Google+ etc. The user can share, comment on and review the website content. If the user uses AddThis elements, their internet browser establishes a direct connection to the AddThis servers and, if necessary, the chosen social network or bookmarking service. When using AddThis, cookies are used. The generated data (such as time of use or browser language) is transmitted to the AddThis LLC in the USA and processed there. If you send website content to social networks, bookmarking services etc., a connection may be set up between the website visit and the user profile on the corresponding network. Further information on data processing (including intended use) by AddThis LLC and the privacy policy from AddThis LLC can be found at http://www.addthis.com/privacy. Further information on data processing and privacy policies by social networks, bookmarking services etc., including user settings, are shown in the privacy policies of the respective website. WALTER GROUP will not forward any data to third parties. By using the AddThis field, the user agress to the processing of data by AddThis LLC to the extent set out on the website http://www.addthis.com. The user can object to the use of user data by using the "opt out cookies" option. Further details can also be obtained from the aforementioned website of AddThis LLC. If the user does not wish for AddThis to collect their user data via the website, the user should not use the AddThis elements.

(1.2) Facebook Inc., headquartered at 1601 S. California Ave, Palo Alto, CA 94304 USA (“Facebook“ for short), provides plug-ins for website operators. These plug-ins are installed on the WALTER GROUP website. The plugins are identified by the Facebook logo and the Facebook “Like” and “Recommend” buttons. When a user accesses a WALTER GROUP website containing this plug-in, the user’s browser sets up a connection with the plug-in provider’s servers. The content of the plugin is transmitted directly from Facebook to the user´s browser, and is displayed within the framework of the website. The WALTER GROUP has no influence over the content of the plug-in. In some circumstances, Facebook can retrace the user’s visit to corresponding website pages and allocate it to a Facebook account, if the user is registered with Facebook or if he has recently visited a Facebook site or one with Facebook content. When a user actively uses a plug-in (e.g. by activating the Like button or sending a recommendation for the site), corresponding information is also sent from the user’s browser directly to Facebook; the WALTER GROUP cannot influence this. For further details on the way, purpose and scope, as well as further processing of user data by Facebook, please refer to Facebook’s data protection information at

http://www.facebook.com/policy.php

There, users can learn more about rights and settings options for protecting their privacy. The WALTER GROUP does not influence the purpose and scope of Facebook’s data compilation or Facebook’s further processing thereof, nor can the WALTER GROUP access this information.

(1.3) Twitter Inc., with headquarters at 795 Folsom St., Suite 600, San Francisco, CA 94107 USA (“Twitter” for short) provides plugins for website operators which are used on the WALTER GROUP website. The plugins are identified by the “Twitter-Tweet“ and/or “Follow” buttons. Sites with these plugins create a direct connection to Twitter and transmit various data, depending on your login status at Twitter. Conclusions can possibly be drawn thereby concerning the user’s Internet usage on the WALTER GROUP website which Twitter might use for its own purposes. The plug-in content shown is on Twitter servers and is only displayed on the WALTER GROUP website. The WALTER GROUP does not influence the purpose or scope of Twitter’s data compilation or Twitter’s further processing thereof, nor can the WALTER GROUP access this information. For more detailed information on Twitter’s data protection regulations please refer to

http://twitter.com/privacy


(1.4) Google Inc., with headquarters at 2600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”, for short) provides plug-ins for website operators which are deployed on the WALTER GROUP website. The plugins are identified by the "Google Plus One Button". Sites with these plugins create a direct connection to Google and transmit various data, depending on your login status at Google. Conclusions can possibly be drawn thereby concerning the user’s internet usage on the WALTER GROUP website. Furthermore, the results of Google’s search engines may also be influenced thereby. The plugin content shown is on Google servers and is only displayed on the WALTER GROUP website. The purpose and scope of Google’s compilation and further processing of data are not connected with the WALTER GROUP, nor can the WALTER GROUP access this information. For more detailed information on Google’s data protection regulations please refer to

http://www.google.com/intl/en/+/policy/+1button.html

II.9. Interest-based advertising/Retargeting

The website uses so-called retargeting technologies. The WALTER GROUP uses these technologies to make internet offers more interesting for the user. This technology makes it possible to address users, who have shown interest in the website and services or products from the WALTER GROUP, on third party websites using advertising.

The WALTER GROUP is convinced that displaying a personalised, interest-based advert is generally of more interest to the user than an advert which has no such personal reference. The insertion of this advertising material on a third party website is based on a cookie technology and an analysis of previous usage behaviour. This form of advertising is completely anonymous. No personal data is stored and usage profiles are not merged with personal user data.

 

III. Other terms

III.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.

III.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.

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