The offer of petdata OG is aimed at the commercial trade in domestic and wild animals as well as aquatic plants (pet shops, DIY stores, garden centers, etc.).
I. Contracting party
Contractual partners are petdata OG (hereinafter referred to as petdata), Annagasse 2, 1010 Vienna, (Commercial Court Vienna FN 316104 i) and the customer.
II. Subject of the contract
The petdata offers a web-based information system (web application) for the creation of pricing labels of commercially relevant domestic and wild animals and aquatic plants. This information is provided online. The digital content is licensed and not sold.
III. Conclusion of the contract
(1) The contract is concluded after payment of the subscription fee.
(2) The customer assures petdata that he is authorized to use the specified method of payment and that the payment information provided by him is true and correct.
(3) petdata reserves the right to refuse orders without giving reasons.
(4) The contract language is English.
(1) Subscription fees are generally charged in advance for the relevant subscription period.
(2) The customer acknowledges and agrees that upon the acquisition of a petdata subscription, he will authorize a recurring payment to petdata by his chosen payment method until the subscription is terminated by the customer or by petdata.
(3) The Customer grants petdata the power to make such payments either as electronic debit or bank transfer or as electronic collection from an account specified by the Client (for payments through automated clearing houses or similar payments) or as debits from the account specified by the Client (for payments per Credit card or similar payments) (collectively referred to as "Electronic Payments").
(4) If a payment is unpaid, or if a credit card or similar transaction is rejected or denied, petdata reserves the right to recover any chargeback, rejection or deficiency charges and to process such payments as electronic payments.
(5) Customer agrees to immediately update its account and other information so that petdata can contact the customer for transactions as needed.
(6) If the customer uses a trial-period offer and does not tell petdata otherwise, the customer must terminate the service at the end of the trial period to avoid additional charges. If the customer does not cancel the service at the end of the trial period, he authorizes petdata to charge the service with the payment method specified by the customer.
After receipt of payment, access to the petdata information system will be activated.
VI. Term and termination
(1) petdata offers subscription contracts with a term of 12 months.
(2) The subscription term starts with the activation of the petdata information system.
(3) A premature termination of a current subscription contract is not possible.
(4) The subscription must be canceled before the renewal date so that the customer is not charged for the extension period.
VII. Subscription prices
(1) The subscription prices listed at the time of conclusion of the contract apply.
(2) All prices are exclusive of VAT.
(3) Customers with existing subscription contracts will be informed in advance if the price of subscriptions and thus of the billable amount changes.
(4) All prices are non-binding.
VIII. Right of use
(1) A petdata subscription (license) refers to a company location and may only be used there. Using a subscription at multiple locations is prohibited. With multiple company sites or branches (e.g., branches), a subscription is required for each site.
(2) All copyright rights and all other rights to the content provided are the exclusive property of petdata. In particular, translation, reproduction, duplication, removal of images, storage in data processing systems as well as the partial utilization is prohibited.
(3) petdata may block access in case of misuse.
(1) The contents offered in the petdata information system are for general information. For the correctness, topicality and completeness of the information no liability / guarantee is taken over.
(2) For the contents inserted by customers (for example logo, advertising) no liability / guarantee is taken over by petdata.
(3) A reduction of the subscription fee (license fee) and recourse claims due to missing animal or plant information are excluded.
(2) If further consent has been given for the use of personal data (for example, to receive a newsletter), this data will be used only in the context of the consent given. Such consent can be revoked at any time.
XI. Applicable law, place of performance and place of jurisdiction
(1) For the contractual relations of the contracting parties Austrian law applies.
(2) The exclusive place of jurisdiction is the registered office of petdata in Vienna.
(3) petdata is not obliged to participate in a dispute settlement procedure before a consumer arbitration board and is in principle not ready to do so.
(1) petdata is entitled to perform the services by third parties as subcontractors.
(2) The petdata web application and its contents can be updated at any time without the customer having to obtain the update's approval.
(3) If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
(4) The terms and conditions can be changed, as far as essential regulations of the contractual relationship are not affected and this is necessary to adapt to developments that were not foreseeable at the conclusion of the contract. Essential provisions are in particular those concerning the type and scope of the contractually agreed services and the term.
(5) Petdata recommends to save or print out the terms and conditions of sale valid at that time.
XIII. References and links
In the case of direct or indirect references to external websites ("hyperlinks"), which lie outside the area of responsibility of petdata, a liability obligation would only come into effect in the case in which petdata is aware of the contents and it would be technically possible and reasonable to prevent the use of illegal content.
petdata declares hereby that at the time of the creation of the links no illegal contents were recognizable on linked sites. petdata has no influence on the current and future design, content or authorship of the linked pages. For this reason, petdata hereby dissociates itself from all contents of all linked / linked pages that were changed after the link was created. This statement applies to all links and references, link directories and all other forms of databases.
As of April 2018