General Terms and Conditions
17 June 2014
1. General Information
1.1 About MetGIS GmbH
MetGIS GmbH is a Spin-off of the University of Vienna, which offers highly specialized innovative meteorological services. The enterprise runs a powerful automated forecast system based on the latest available technologies and provides highly detailed real-time weather forecasts for selected regions. The web-based forecasts can be ordered at MetGIS Webshop (www.metgis.com/shop) and are accessible via our website www.metgis.com.
1.2 Scope of Application
These „General Terms and Conditions“ apply for all types of business relations between MetGIS GmbH and customers of MetGIS Webshop, henceforth simply called „customer“. All services related to MetGIS Webshop are exclusively based on the „General Terms and Conditions“, including deliveries, offers and other agreements.
However, in case of individual agreements or contracts which may contain deviant or even contradictory terms, the latter agreements enjoy priority. If the General Terms and Conditions only contain clarifying and/or complementary and substantiating regulations, these are valid beside the individual agreements.
1.3 Changes in „General Terms and Conditions“
Customers in active business connection to MetGIS GmbH will be informed about any changes of the „General Terms and Conditions“ via the e-mail address they have announced at registration. If they do not refuse the change of the „General Terms and Conditions“ within 30 days by e-mail, these are regarded as accepted. However, customers are not obligated to accept them. For limited subscriptions the ordered forecast products can in any case be accessed till the end of the subscription period. For unlimited subscriptions there are special regulations (cf. section 3.3).
Changes of the „General Terms and Conditions“ do become valid one month after their announcement and are valid for new customers immediately.
1.4 Conclusion of the Contract
The order of the customer is an offer and only becomes a contract after acceptance by MetGIS GmbH. The contract is considered valid, as soon as the customer receives by e-mail access data for viewing his ordered forecast products via log-in at www.metgis.com.
1.5 Forecast Information and Liability Exclusion
The forecast products on offer represent today’s scientific and technological state of the art and were produced to our best knowledge and belief. However, please keep in mind that meteorological forecasts can never be hundred percent error-free. Sporadic false forecasts cannot be completely excluded. Additionally, insufficient data transfer as well as technical problems or maintenance work may cause short-term disruptions of forecast services.
Warranty and liability claims against MetGIS GmbH, which refer to damages of material or immaterial kind, related to the use (or misuse) of information provided, are strictly excluded, except the provider of the services has been proven guilty of serious misconduct and has acted intentionally grossly negligent.
2. Rights and Duties of Customers
2.1 Requirement of Use for Private Purposes
Products offered at MetGIS Webshop are for private use only, unless exceptions listed in section 2.2 (below) apply or the product descriptions mention something else. Violations of this rule entail contractual penalties of € 10,000 (ten thousand euros).
2.2. Regulations for Commercial Use
The use of forecast products offered by MetGIS Webshop for commercial purposes is possible, but requires prior written consent by MetGIS GmbH. However, in this case the product price given at MetGIS Webshop is no longer valid. Whether micro-companies qualify for the purchase of products to the prices listed in the MetGIS Webshop has to be judged individually by MetGIS GmbH. In this context we would like to refer you to special products for commercial users such as „MetGIS Pro“. For more information please see www.metgis.com.
Certain jobs and associations are in any case exempted from that rule stipulating private use only: Mountain rescue organizations, mountain refuge owners, freelance ski, snowboard or cross country skiing instructors, freelance mountain and climbing guides.
These may use MetGIS web products privately or in the course of their specific professional activities, and pay the prices for private customers given at MetGIS Webshop. They are not required to ask for written permission.
2.3 Copyright
Customers are granted the non-exclusive right to use during the duration of the contract the meteorological information provided by the webshop, including all graphics, photos, logos and designs. However, the copyright of all services and information provided by MetGIS GmbH, especially meteorological forecast data and visualizations, remains with MetGIS GmbH. Any infringement of copyright may cause civil liability and criminal prosecution.
2.4 Right of Reproduction
Customers are entitled to reproduction (for example: printout of websites and graphics) only for non-commercial purposes. This permission is only valid if copyright symbols as well as trademarks and names remain unchanged in the reproduced articles and products.
2.5 Archiving
Archiving is only permitted if the following requirements are fulfilled: The collection may only be used for private and internal purposes of the person archiving, i.e. only for securing (backup) and so-called internal use. The archival storage must not be accessible to one or more other parties. It must not be used to allow other parties copies, and it must not lead to additional commercial exploitation of the products purchased.
2.6 Transmission of Access Data
The access data provided by MetGIS GmbH, needed to use the ordered forecast products, are for the private use only. Customers are not entitled to transfer personal access data to third parties, no matter if for free or for commercial purposes, if not otherwise agreed. This is independent of the type of transfer, whether orally, written or in digital form. Customers are entitled to access the ordered forecast products by using not more than three different terminals per day. In case of misuse of the access data a contractual penalty of € 10,000 (ten thousand euros). applies. Additionally, MetGIS GmbH may insist on an immediate stop of the misuse of access data.
2.7 Further Use
For any further use (e.g. reproduction for commercial purposes, including archiving of data, the transfer of data to third parties or processing of data by third parties for internal or external use, for public reproduction, translation, modifications, etc.) advance written consent of MetGIS GmbH is required.
2.8 Registration, Timeliness and Correctness of Customer Data
In order to buy products offered by the MetGIS Webshop, customer registration is compulsory: Just click the „Register” button on the start page of the shop. To prevent misuse, an e-mail address that can be traced back is indispensable. It is not permitted to use non-existing e-mail addresses or the e-mail address of other parties. The personal data of customers must be entered correctly and fully. Changes or additions of the data have to be forwarded to MetGIS GmbH immediately or can be processed by the customer at „My Account“. In case a customer finds out about the illegal use of his user name, he has to change his password immediately or, otherwise, inform MetGIS GmbH at once.
2.9 Warranty
The legal warranty requirements apply.
3. Contract Length, Cancellation and Right of Withdrawal
3.1 Minimum Subscription and Types of Access
In the course of the order transaction customers are informed about the time options of their contracts. If not otherwise mentioned, the minimum running-time of a contract is 30 days.
3.2 Subscriptions for Limited Periods of Time (end automatically)
Customers have access to their selected forecast products for a pre-defined period. Subscription starts with the day of order and ends automatically after the end of the acquisition period. Customers do not have to cancel any contract. Payment is effected at the placement of the order.
3.3 Unlimited Subscriptions (self-extending variant)
This subscription mode is currently not on offer.
3.4 Right of Withdrawal
The access to the products on offer cannot be cancelled since they are services that are at the customers‘ disposal immediately after placement of the order.
Exceptions can only be granted to customers who are residents in the European Union. It this is the case, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us (MetGIS GmbH, Phorusgasse 8/12, 1040 Vienna, Austria, Tel. +43 (0)1 89 09 032, shop@metgis.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement 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 the reimbursement.
f you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract..
Model Cancellation Form
If you want to cancel your contract, please send a message with the following content to MetGIS GmbH, Phorusgasse 8/12, 1040 Wien/Vienna, Austria, Tel. +43 (0)1 89 09 032, shop@metgis.com:
- I/We hereby give notice that I/we cancel my/our contract for the supply of the following service:
- Ordered/Received on:
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is notified on paper):
- Date:
4. Terms of Payment and Prices
4.1 Payment and Prices
Payment will be processed at the end of the order transaction (by credit card of by direct bank transfer) and is the precondition for the use of the ordered products. Immediately after payment customers are electronically provided with the access data for the use of their forecast products.
4.2 Value Added Tax (V.A.T.)
All prices stated comprise all taxes, including V.A.T.
4.3 Payment Date
Subscriptions for limited periods of time require complete payment at the conclusion of the contract.
Unlimited subscriptions extend automatically every 30 days and require payment both at the start of the contract and at the times of the extension of the subscription. Each payment should fully cover the ordered services for the following 30 days.
5. Processing of Data
5.1 Saving Customer Data
The customer agrees that personal data such as first name, surname, e-mail address, street, number, zip code, town and country (company, telephone number, and state – if indicated by the customers) are stored in internal MetGIS data files to be able to provide personalized product offers and to facilitate future visits to our webshop. These data are also relevant for a correct billing of MetGIS GmbH as well as - partly - for log-in and use of forecast products ordered. A data transfer to third parties is not affected.
Credit card data, if provided by the customer in the course of the payment procedure, will be processed by the international payment provider Wirecard Central Eastern Europe GmbH, which uses the latest software for secure payment. MetGIS GmbH does not have access to any credit card data any time.
5.2 Cookies
The websites of the provider (www.metgis.com. www.metgis.com/shop) use cookies to facilitate both the use and purchase transactions and to offer further functions. A cookie is a text file which is copied from a web server to the hard disk of the user. Cookies cannot execute programs or transfer viruses on a computer. The main goal of cookies is to assist navigation through websites and to facilitate data entries. Customers may accept or refuse cookies via the options provided by the web browser. The majority of web browsers automatically accept cookies, but this setting may be changed by the customers. If cookies are refused, not all interactive options of the ordered products might be able to be used to their full extent.
5.3 Piwik
MetGIS websites access the web analysis software Piwik to analyze the use of the website and to enable a constant improvement of the offered products. Therefore, by help of the browser, cookies (text files) are stored on the computers of the customers. Data storage is processed for analysis purposes only, and we do not transfer these data to other parties.
If the customer disagrees with our use of Piwik, he may make use of the opt-out function of his web browser or the opt-out form of Piwik. From this time the collection of session data by Piwik is prevented. However, if the customer deletes his browser cookies, the Piwik opt-out cookie will be deleted as well and has to be activated again.
5.4 Promotional e-mails
In the course of the registration process customers have the option to agree to the provision of news from MetGIS GmbH concerning products, current offers and other relevant information by e-mail, especially in form of newsletters. Customers may revoke their agreement any time. In this case, the e-mail must be returned to MetGIS GmbH, filling the subject line with the phrase „Please no more advertising“..
6. Miscellaneous
6.1 Contract Language
The contract languages are German or English. Therefore sufficient knowledge in one of these languages is necessary to understand in the course of the order process the legal framework conditions related to the purchase.
The following Items 6.2 to 6.5 refer to business customers only:
6.2 Place of Performance
The place of performance is Vienna.
6.3 Court of Jurisdiction
The sole place of jurisdiction for all disputes arising from the contractual relationship is the Court of Justice (Vienna, First District).
6.4 Applicable Law
Austrian law shall exclusively apply, excluding application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
6.5 Severability Clause
Should parts of these „General Terms and Conditions“ be or become void, ineffective or defeasible by law or should (parts of) the contract be or become incomplete, the remaining parts of the contract will not be effected. The invalid contractual provision shall be replaced or the loophole filled by an appropriate provision which comes as close as possible to what the parties to the agreement would have wanted.