General Terms & Conditions
Effective 25. May 2018
These General Terms and Conditions (the “GTC") apply to all current and future transactions and business relations between 360kompany AG, registered with the commercial register of the commercial court in Vienna under registration number FN 375714x, having its registered office in Vienna (hereafter "kompany"), and the user (hereafter “User”) of the products and services on any of the websites operated by kompany as stated in the Masthead (as amended), including but not limited to www.kompany.com (the "Websites" or a "Website"). These GTC apply regardless of whether the products or services are used against payment or for free and with or without registration. Any terms and conditions provided by the User shall not apply. Such terms and conditions shall only be valid upon written confirmation by kompany.
2. Consumer protection
If the User of the Websites is a consumer as defined in the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG) as amended, these GTC shall apply to the extent not contradicting the mandatory provisions of the Austrian Consumer Protection Act (as amended) as well as the Austrian Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz; FAGG) as amended.
3. Effectiveness and amendments to the GTC
These GTC govern the access to and the use of the Websites. kompany reserves the right to modify these GTC at any time and without being required to state any reason for doing so; such changes may include, but are not limited to, the imposition of new or additional terms or conditions. By first accessing the Websites, the User accepts these GTC, which shall apply towards the User from such first access of the Websites. In case of amendments of the GTC, whereas the amended GTC come into force when published on the respective Website, the User automatically accepts the GTC in their latest version by accessing and using the Websites. If the User does not accept the GTC (as amended), then he must immediately exit the Websites. This applies regardless of whether the User is using the Websites with or without registration, and making a purchase or not. In case a User does not accept the amendment to the GTC, he is entitled to terminate the contractual relationship with kompany pursuant to Clause 7.2.3 mutatis mutandis. The contractual relationship between the User and kompany will then be terminated on the basis of the GTC last accepted by the User.
4. Services offered
4.1 Services and products
kompany offers the User the following services and products: International search for businesses, its officers and shareholders; International information gathered from public registers and databases, particularly registers of companies, commercial registers and bank registers; International PEP and Sanctions List Screening - information provided by third parties; International information provided by credit reference agencies on the financial status of companies and persons engaging in business activities; Other international information on businesses and persons engaging in business activities; Translation services provided by translation companies for official documents. For a detailed description of our services and corresponding prices, see the latest version of the product overview and price list under Prices & Products.
4.2 Supply options
In principle, kompany offers the following methods of obtaining products and services to its Users:
a) Registration without subscription: A User can register on the Websites by entering a minimum set of data, i.e.: first name, last name, e-mail address, phone number, user name, and password. Furthermore, the User may voluntarily provide additional contact details and VAT number, opt-in to receive newsletters and the like or offers from third parties, and opt-out to receive notifications on register changes of companies previously searched for (the "Registration"). This Registration does not oblige the User to purchase any products or conclude a subscription, however the User is entitled to purchase services or products from kompany. The Registration creates a contractual relationship between the User and kompany, which shall be govern by these GTC.
b) Registration with subscription: A User can complete a Registration and, in addition, purchase a subscription of kompany, which typically contains a compilation of products and services, whereas the content of the offered subscriptions may be determined at kompany's sole discretion. Besides, the User remains entitled to purchase services or products from kompany.
4.3 User's entitlement
With its products and services, kompany offers access to data, in particular data from public registers. However, it cannot be deduced for the future that kompany has to offer these services, products and subscriptions in their existing form and composition or give access to such data. kompany reserves the right to reject Users as contracting parties without stating any reason and to prohibit them from accessing its products and services. All IT applications, services, access and products provided by kompany in its authority as clearing office may only be used for the purpose of access and enquiries as defined by the respective law or decree.
4.4 Changes to the services offered by kompany
Factually justified and reasonable changes of kompany’s performance obligations shall be tolerated by the User.
In order to use the products and services offered by kompany, the User must have operational internet access. Connection problems between the User and its internet service provider lie beyond the sphere of influence of kompany and kompany assumes no liability for losses or damages of the User related therewith. Subject to the restrictions specified in this Clause 5., the products and services offered by kompany are basically available 24 hours a day. However, this does not apply to products and services that are subject to the availability of a public database, third party databases or third party services. Such products and services are available only during the official operating hours of these databases and services. Restrictions may also result from maintenance work, in particular but not limited to maintenance work regarding the Websites, third party databases and third party services as well as from overload, malfunction or collapse of the Austrian or international telecommunications networks. kompany has no influence on the availability of the data communication networks of the various external connection providers. Where possible, kompany will give Users prompt, appropriate notification of any interruptions or significant restrictions, e.g. due to maintenance, modifications, etc.
The use of certain services of kompany, including the receipt of newsletters or special offers, is subject to the Registration. There is no entitlement of Users to Registration. kompany has the right to reject Registration applications or exclude Users from offered products and services (in part or in whole) without stating any reason. Each User may register only once. In order to register, a User must be at least 18 years old. Minors are not permitted to apply. In case of a legal entity, the application must be made by a competent, authorized representative. The data and other information requested by kompany during the registration process must be supplied by the User completely and correctly, and must be updated in the event of any change without being requested to do so by kompany. The successful Registration leads to the conclusion of a contractual relationship between the User and kompany for an indefinite period. The User has the option to print out the contract and data supplied during the registration process.
7. Supply and settlement
Products and services offered on the Websites can only be purchased within a subscription.
Subscriptions are valid from the order date for the period stated in the subscription and end at the last day of such period. Benefits derived from the subscription but not fully used remain valid for one month after expiry of the subscription (roll-over), if an at least equivalent new subscription is ordered until expiry.
The User agrees that, when his chosen subscription expires, it will be automatically renewed by an equivalent, new subscription, if not otherwise agreed. The User also agrees that, when a possible trial period of his chosen subscription expires, the subscription will be automatically converted into a payable subscription, which may be fully charged at the end of the trial period. Users can only consume a trial period for a subscription once. Repeated registrations to obtain the benefits of a trial period multiple times are prohibited. kompany shall duly notify the User via e-mail before the expiry of a subscription or of a trial period that automatic renewal or conversion into a payable subscription and associated settlement are pending.
A User may cancel a subscription at any time without stating any reason, taking effect from the date up to which the subscription has been prepaid or to which the minimum subscription period runs, whichever day is later. In case of a cancellation, the refund of the subscription payment in whole or in part is not possible. Subscriptions must be cancelled in writing, either by postal mail or e-mail to kompany. Following a cancellation, the subscription remains valid for the period specified. During this period the User may make full use of the benefits derived from the subscription. In this case, there is no automatic renewal as described in Clause 7.2. Any pre-paid credit purchased with a subscription will not be forfeited in the event of cancellation of this subscription. The User is free to spend this credit on any product or service of kompany. A refund in whole or in part is not possible. The User agrees that for the administration of an account with a pre-paid credit and no active subscription, kompany will charge a monthly service fee beginning 12 months after cancellation of the subscription. kompany is also entitled but not obliged, to deduct such monthly service fee against the pre-paid credit from the relevant account. If the User is a consumer, the provisions of the Austrian Consumer Protection Act and the Austrian Distance Selling Act, which entitle the consumer to withdraw from the contract under certain circumstances, shall apply.
Delivery regarding the subscription is completed upon the User receiving a confirmation of such subscription from kompany (e.g. via e-mail). The delivery regarding the product or service requested within the scope of the subscription is completed upon display of the requested product or service on the respective Website. Subsequently, the User has various options for the further use, e.g. downloading the product in PDF format.
Subscriptions are payable in advance. Payments must be made in full in order to make use of all benefits associated with the subscription. Payment is effected immediately before the delivery of subscription, either by credit card or direct debit. Products and services purchased individually outside a subscription will typically be invoiced monthly, however, kompany reserves the right to invoice at any time.
In principle, it is not possible to obtain a refund for products and services purchased within a subscription. Clause 7.1.3 applies mutatis mutandis. The subscription price can only be refunded in full if, on expiry of the subscription, the User expressly objects to an automatic renewal, and if the User has not used any of the benefits derived from the subscription on the expiry date.
7.7. General rules on service and settlement
Unless otherwise agreed, accounts are payable in full upon receipt of the invoice. If the User falls in arrears with the payment of an amount invoiced and due for at least seven (7) calendar days, kompany is entitled to preclude the User from obtaining products and services on account (soft ban). Pursuant to these GTC but with the exception of section 17., kompany and the User are the only contracting parties. Settlement is always in the name of kompany, third parties are expressly excluded.
kompany's invoices are generally issued and sent in PDF format. The user agrees explicitly to receive electronic invoices (PDF format). kompany issues the initial copy of the electronic invoice and grants online access to copies of invoices free of charge. Upon the User's request, kompany shall issue a copy of the respective invoice in paper form free of charge.
Refunds of payments and the issue of credit notes to a User for services already obtained from kompany are excluded in accordance with section 7.6 of these GTC, except in the case where kompany does not fulfil the services due to the non-transmission of the requested data because of a proven technical fault on kompany’s end. Clause 5. of the GTC applies mutatis mutandis. In cases in which a User cannot open, view or print purchased products due to problems with the User's computer, printer or systems setup, the obligation of the User to settle all fees remains untouched and kompany will not honor refund requests. No refund is possible with regards to payments that contain official fees and arise upon searches in and access to the data of public databases, including commercial registers or companies registers and in particular the Austrian companies register, the European Business Register (EBR) and similar services.
9. User's obligations
All data, information, references, statements and opinions on businesses or persons engaging in business activities and the like, which kompany has collected, compiled and passed on in any form or by any method of publication, must be treated strictly confidential by the User, and are limited to internal business purposes only. The User undertakes not to store any of this data, in whole or in part, for purposes other than those expressly specified in the contractual relationship between kompany and the User, and not to reproduce, transfer or disseminate the data, either in return for payment or free of charge, forward to any third parties, create or distribute data collections, or change the transmitted data (reports).
The User expressly declares his legal authority to receive the data transmitted. In particular, the User confirms his overriding, justifiable interest in the data as defined in section 6 para 1 point f of the Regulation (EU) 2016/679 of the European Parliament and of the Council 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; "GDPR"). Furthermore, the User acknowledges that he may be required to make additional declarations if required by the country in which either the accessed database, person or business of interest or the User is located.
The User undertakes to follow the provisions of the data protection laws, in particular the GDPR, concerning data confidentiality and security. The User must take appropriate measures to protect and safeguard the data transmitted against unauthorized access by his employees or third parties. In particular, the User must ensure that employees to whom data is made accessible in connection with their work, keep the data strictly confidential. This also applies after termination of their employment. The User is liable to kompany for any damages and detriments which may incur as a result of an infringement of these data protection regulations.
Any disclosure to third parties, even partially, as well as the use of or any reference to the data in official or judicial procedures are expressly prohibited. Furthermore, there must be no mention of or reference to kompany. The User is liable to kompany for any damages and detriments incurred as a result of an infringement of the above-mentioned regulations by the User or by third parties to whom the User discloses data.
The User undertakes not to violate any copyright, trademarks, patents and/or any other intellectual property rights of kompany and/or kompany’s data sources and partners, in particular but not limited to the European Business Register (EBR).
With regards to any address and contact information available for free, the User is entitled to use it for his own non-commercial information purposes only. The use is limited to the identification of companies or persons and connected contact details (e.g. address, telephone number). The use of the address and contact information for other purposes is expressly prohibited. In particular, it is inadmissible to use the information for commercial purposes, the use to build or complete company directories of any kind and in any form (print, electronically, CD-Rom, etc.), the use to carry out information services or operate a call center, the use for directory assistance, the use for marketing and promotional purposes, the use for the development of competing products, the use for any other commercial purpose, the use for any other purposes or in the interest of third parties. Any transfer (copying) of data into proprietary directories is also prohibited. The availability of address and contact information as well as its completeness and correctness are not guaranteed.
All Users are required to comply with the GDPR, the Austrian Data Protection Act, the Telecommunications Act, the E-Commerce Act and related legislation. The general availability of e-mail addresses or fax numbers does not imply the consent of the owner to the receipt of electronic mail or faxes. In particular, the User is obliged to take the list pursuant to section 7 para 2 E-Commerce Act (Robinson list for unwanted electronic communication as managed by the Regulatory Authority for Broadcasting and Telecommunications) into account.
Any warranty of kompany is subject to applicable law, in particular sections 922 et seqq of the Austrian Civil Code (ABGB).
kompany has no influence on the relevance, completeness, accuracy, and availability of data from public databases, PEP and sanctions screening providers, credit reference agencies, or translation agencies, and therefore accepts no liability for the accuracy and/or completeness of the data requested and obtained. kompany is not liable for any claims of a third party against a User arising out of or in connection with the use of kompany's products or services by the User, distortions or omissions in the requested data, or delays in the data request process. kompany is not liable for any errors or delays in the data transmission not caused by kompany.
In order to compile and produce the products and services, kompany uses data from public databases and data made available for example by credit reference agencies and translation agencies. kompany indicates the data source in connection with the respective data set. kompany transmits data and content in their existing form ("as is"). Credit reference agencies compile business data to the best of their knowledge on the basis of the data and information sources available to them. kompany has no influence whatsoever on their data collection and processing methods, the way in which the data is evaluated, its relevance, completeness, accuracy, and availability. Credit reference agencies furthermore offer assessments and opinions on the creditworthiness of businesses and persons engaging in business activities in a variety of forms, often in the form of so-called ratings. Such assessments represent the opinion of the credit reference agencies, and no recommendation regarding a business or credit relationship can be derived from it. kompany has no influence whatsoever on these assessments, the conclusions made, the underlying technical and professional processes, and their relevance, completeness, accuracy, and availability.
Translation agencies receive data and content as is from kompany. Based on this data, translations are prepared by professionals within the service levels specified. kompany has no influence whatsoever on their translation process, its completeness and accuracy.
kompany therefore does not accept liability for any damage arising from the completion or non-completion of a business transaction made on the basis of data transmitted by kompany.
The limitations of liability stipulated in this provision shall only apply to the extent permitted by law and, in particular, shall not apply to personal injuries as well as damages or losses occurred by Users that were caused by a wilful act or omission or by gross negligence. Any liability for indirect loss or consequential damage is totally excluded.
12. Security and abuse
In order to prevent the misuse of subscriber and login data, the User undertakes to keep this data confidential and not to allow any unauthorized access to it, to prevent any misuse and to notify kompany immediately, if a User suspect misuse of his data. The User is liable for any loss or damage and claims for fees made against kompany arising from or in connection with the misuse of the User’s facilities or the misuse of the requested data by the User or by third parties who gained access via the User’s facilities or his login data. The User undertakes to refrain from attempts to hack into the Websites and services operated by kompany.
13. Compliance with statutory provisions
The User agrees to comply with the current statutory provisions. In particular, reference is made, but not limited to the obligations of the following Austrian laws: Copyright Act (Urheberrechtsgesetz) (BGBl No. 111/1936 as amended); Data Protection Act (Datenschutzgesetz) 2000 (BGBl I No. 165/1999 as amended); Regulation (EU) 2016/679 of the European Parliament and of the Council 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; GDPR); Telecommunications Act (Telekommunikationsgesetz) 2003 (BGBl I No. 70/2003 as amended); E-Commerce Act (BGBl I 152/2001 as amended).
14. Applicable law, place of performance and jurisdiction
It is agreed that all disputes arising from this contract will be governed by Austrian law, with the exception of the United Nations Convention on Contracts for the Internationale Sale of Goods (CISG) and the reference provisions of the International Private Law. The place of performance and exclusive legal venue shall be Vienna, Austria. In case the User is a consumer, disputes will be settled at the place of jurisdiction over consumer contracts, which shall be the court of the consumer's domicile, its habitual place of residence or its place of employment in accordance with section 14 of the Austrian Consumer Protection Act. The contract, order and business language shall be German.
15. Miscellaneous / Alternative Dispute Resolution
kompany recognizes the Internet Ombudsman, Margaretenstrasse 70/2/10, 1050 Vienna, www.ombudsmann.at as mediator for the negotiation of an out of court agreement. In case the User intends to express a complaint regarding the purchase of a product or a service of kompany, such complaint may be send to kompany via firstname.lastname@example.org. In accordance with the provisions of the EU directive no. 524/2013 (ODR directive) regarding online consumer dispute resolution, the User is entitled to use the European OS-Platform for online dispute resolution (http://ec.europa.eu/odr). The right of the parties to take legal actions remains unaffected at any time. In case of sweepstakes, competitions or raffles of whatever kind, the recourse to the courts shall be excluded.
If any of these provisions are or become invalid, the effectiveness of the other provisions shall not be affected. Instead, in place of the ineffective stipulation a replacement provision that corresponds as closely as possible to the objective of the invalid provision shall apply. In case the User is a consumer, such effective replacement provision shall apply that complies with applicable consumer protection laws.
16. Special Terms and Conditions for Vouchers
The term “voucher” herein includes all vouchers, gift coupons, coupon codes, promotional codes and all other promotional credits issued by kompany, as well as the equivalent terms in other languages (e.g. Gutschein). The term “promotion” herein includes all promotions, advertisements, surveys, special offers and all other promotional activities or offers. Vouchers are always bound to a special promotion. Vouchers typically entitle a User to a fixed amount to be used for the purchase of products and services offered by kompany. If the price of the product or service exceeds the value of the voucher, the User has to settle the difference and will be invoiced accordingly. Vouchers may be used for subscriptions, but not for free trial offers. The value of a voucher cannot be split up to be redeemed at two or more occasions. A voucher may only be redeemed once per User. The redemption of a Voucher requires the User to complete the Registration. Vouchers cannot be exchanged for cash, credit or other vouchers, and cannot be multiplied by sharing with third parties, e.g. in social networks.
17. Special terms and conditions for the use of RegisterDirect
Online access to the commercial register database and the land registry database for the Republic of Austria can be obtained from kompany. kompany has been commissioned as the official clearing house for the Austrian Federal Ministry for Justice to process enquiries relating to the commercial register and land register, whereas this service shall henceforth be referred to as "RegisterDirect". With this agreement, users have the right to use the IT applications, services, access and products provided within RegisterDirect (henceforth the "Applications") under the conditions set out in this provision.
The Applications are run during the hours of operation of the commercial registry database and the land registry database of the Republic of Austria. These hours of operation are referred to as the core operating time, whereas the operation of or access to RegisterDirect or the Applications may be suspended or restricted for users – also during the core operating time – due to, especially but not limited to, urgent problem solving by such databases, kompany or overload, malfunction or collapse of the Austrian or international telecommunications networks. Outside the core operating time, constant access to these Applications is not guaranteed (e.g. due to maintenance work of kompany or such databases). The Applications are run on equipment belonging to kompany. The User needs a functioning internet connection in order to be able to use the Applications and shall be responsible to set up such internet connection and bear any costs related therewith. Connection problems between users of RegisterDirect, their own internet providers and the Applications do not fall within the responsibility of kompany. Data obtained from the Applications originates directly from the respective data bases or systems of the Republic of Austria.
In order to use the Applications, the user of RegisterDirect must purchase the respective subscription. For such subscription, the provisions on subscriptions stipulated in this GTC (in particular section 7.1) shall apply mutatis mutandis. The user of RegisterDirect shall not be permitted to resell data from the Applications for commercial use.
For the use of RegisterDirect and the Applications, the provisions of this GTC shall apply, whereas in case of a conflict between this section and the other sections of the GTC, this section shall prevail.