Conditions of Use
1. Field of application
The present Conditions of Use apply to the SmartCatalog App and the SmartCatalog website (hereinafter referred to as "App") of Plasser & Theurer, Export von Bahnbaumaschinen, Gesellschaft m.b.H. (hereinafter called "Plasser & Theurer").
By installing and using the App and the SmartCatalog website, the User consents to these Conditions of Use as amended.
2. Using the App
Authorised employees of Plasser & Theurer customers, as well as employees of customers of Plasser & Theurer service partners and / or representatives, are entitled to use the App.
It allows the rapid identification of spare parts in machine-specific catalogues via smartphone, tablet computers, in the online or offline mode. Furthermore, the User can send non-binding spare part inquiries or lists of inquiries or requests for catalogues on their machines to Plasser & Theurer or the Plasser & Theurer service partner or representative in charge of the respective geographical region.
After downloading the App, the User sends a request for registration. Upon receipt of a request for registration, Plasser & Theurer verifies that the User is an employee of the company indicated by them. Requests for catalogues with missing or erroneous data will also be verified. This verification is made with the employer indicated, or by addressing the service partners or representatives in charge of the respective geographical region who support Plasser & Theurer’s customers on the spot. When this request for registration has been finished affirmatively, the User will receive their personal access data (User name and password). Plasser & Theurer is entitled to decline users for submitting incomplete or misleading data, or for other reasons.
Plasser & Theurer on their own assign the User to a service partner in charge of the geographical region or to one of their representatives. The assignment to a geographical region is carried out based on the employer indicated by the User upon registration, as well as their collaboration with Plasser & Theurer or with one of their service partners or representatives. After this assignment, Plasser & Theurer or, respectively, their service partner or representative, exclusively obtain and / or control all requests for catalogues and spare parts.
In order to prevent the App from being used without authorisation, annual checks will be carried out to verify that the User is still employed by the company (Plasser & Theurer customer, service partner or representative) indicated upon registration. For this verification, Plasser & Theurer or the service partner in charge of the respective geographical area, will send an inquiry to the employer indicated by the User. If the result of this check is that the User is no longer employed by the customer, their access will be deactivated. They will not be able to continue to use the App.
The use of the App is free of charge for the User. Plasser & Theurer point out that data transfer expenses might arise with the Internet provider, which the User has to bear himself. If additional software or other contents are necessary to be able to use the App, Plasser & Theurer will notify the User in good time.
The User is given the simple and non-transferable right, that is limited to the term of validity of the usage relationship, to use the App, including updates and other components in accordance with the present Conditions of Use. The User is not allowed to amend, copy, disassemble, re-assemble, publish, reproduce ("reverse engineer") or duplicate the App. The User may only use the App for the purpose of their employer's business, whose name they have indicated at the time of registration. If the User leaves their employer's company, they will no longer be entitled to use the App. The User must not make the App accessible to Third Parties.
3. Liability
The App is made available on an "as is, with all faults" basis. Plasser & Theurer does not accept any liability for the fitness for certain purposes.
The App's contents have been drawn up with the utmost care. The User uses the contents at his own risk. Plasser & Theurer and their service partners do not accept any liability for the correctness, completeness and updated condition of contents made available or for the uninterrupted availability of the App.
Damages and liability for any kind of damage caused by the use or failure to use represented, incorrect, outdated or incomplete information are excluded, unless Plasser & Theurer can be proved to have acted intentionally or grossly negligently.
Plasser & Theurer does not accept any liability for Third Parties using any other than their own copyrights, trademark rights or other industrial property rights. The User exempts Plasser & Theurer from claims of Third Parties that are attributable to a way of using the App that is in contradiction to the present Conditions of Use.
4. Intellectual Property
This App, its structure, individual components, figures, illustrations, logos, etc. are protected by copyright. Any full or even only partial use against payment or free of charge, particularly its imitation, the production of copies, translation or processing, are subject to prior written consent by Plasser & Theurer, unless it is a press release that has been expressly defined as such. Plasser & Theurer reserves all rights of publication and production of copies, unless expressly defined otherwise.
If product and brand names used by Plasser & Theurer or their service partners are protected by trademark or competition law, or are otherwise protected, any unapproved or illicit use thereof is prohibited and constitutes a violation of trademark law, copyright, other industrial property rights or competition law.
5. Scope and Amendments
The usage relationship comes into being for an undefined period and can be terminated at any time without giving a reason.
Plasser & Theurer reserve the right to amend the present Conditions of Use in accordance with future changes in law and technical developments, or for other reasons. The User will be notified of such amendments in good time.
If one of the provisions of the present Conditions of Use is ineffective or unenforceable, this will not make the entire Conditions of Use ineffective or unenforceable. Such a provision shall be replaced by another effective and enforceable provision, the economic content of which shall be as close as possible to the original one.
The Conditions of Use are subject to Austrian law. For consumers according to the Consumer Protection Act (KSchG), the venue shall be in accordance with this Act. The venue for all other litigation shall depend on the location of the headquarters of Plasser & Theurer, Export von Bahnbaumaschinen, Gesellschaft m.b.H.
Version: 2
Date: 9.10.2019