General Terms & Conditions

Effective 30. November 2016

1. Scope
These General Terms and Conditions (the “GTC") apply to all current and future transactions and business relations between 360kompany GmbH, registered with the commercial register of the commercial court in Vienna under registration number FN375714x, 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, including but not limited to www.kompany.com (the "Websites"). 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) in its current version, these GTC shall apply to the extent not contradicting the mandatory provisions of the first main section of the Consumer Protection Act.
3. Effectiveness and amendments to the GTC
These GTC govern the access to and the use of the Websites, in particular www.kompany.com, and any other websites operated by kompany. By first accessing the Websites, the User accepts these GTC which come into force from the first use of the Websites. If the User does not accept these GTC then he must exit the Websites. This applies regardless of whether the User is using the Websites with or without registration, and making a purchase or not. kompany may at any time revise these GTC. Registered Users will automatically accept the amended GTC when they next login after the amendment. In case a registered 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 relationship will then be terminated on the basis of the GTC last accepted by the registered User. For non-registered Users, the amended GTC come into force when published on the Websites. It is up to the User to regularly review and examine the current version of these GTC. By accessing and using the Websites, the User automatically accepts the GTC in their current version.
4. Services offered
4.1 Services and products
kompany offers the User the following services and products: International search for businesses and officers; International information gathered from public registers and databases, particularly registers of companies and commercial registers; International PEP and Sanctionslist 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 current 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: Registration without purchase: A User can register on the Websites by entering a minimum set of data, i.e.: first name, last name, email 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. This registration does not oblige the User to purchase any products. The registration creates a contractual relationship between the User and kompany and these GTC shall apply, no matter if products are purchased or not. Purchase by registering a subscription, which typically contains a compilation of products and services at reduced rates.
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 the reasons, and to prohibit them from accessing its products and services, or cease to supply them with these 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 or discontinuance of services offered by kompany
kompany is entitled to change or discontinue its products and services at any time, in whole or in part, without being required to state any reasons for doing so. kompany is also entitled to change subscriptions or the structure of subscriptions at any time, or to cease offering subscriptions in general. This also applies in relation to changing or discontinuing products and services to which Users have acquired a right by purchasing a subscription. kompany is not required to state any reasons for exercising the above mentioned rights. In particular, kompany has the right to make changes pursuant to this Clause 4.4 with regards to the prices of all services, products and subscriptions.
5. Availability
In order to use the products and services offered by kompany, the User must have operational Internet access. kompany is not responsible for any connection problems between the User and his Internet service provider. 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 or the operational status of the Austrian or international telecommunication links. 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.
6. Registration
The use of certain kompany services, including the receipt of newsletters or special offers, is subject to a registration. There is no entitlement to registration. kompany has the right to reject registration applications without stating the reasons. Each User may register only once. kompany has the right to exclude Users without stating the reasons. 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 application process must be supplied by the User completely and correctly, and must be updated in the event of any change. For those services that require a registration, a contractual relationship is only created upon successful completion of the registration. The contractual relationship is concluded for an indefinite period. The User has the option to print out the contract and data supplied during the application process.
7. Supply and settlement
The products and services offered on the Websites can be purchased individually (ad hoc) or within a subscription.
7.1 Individual purchase (ad hoc)
7.1.1 Delivery
In case of an individual purchase, payment must be made in advance. Delivery is completed upon display on the Websites. Subsequently, the User has various options for the further use, e.g. download the product in PDF format.
7.1.2 Settlement
In case of individual purchases, payment is effected immediately, typically by credit card or direct debit.
7.1.3 Refund
Given the nature of the product which typically consists of data, once the ordered product has been completely delivered, the User can no longer withdraw from the contract or return the product. Thus, a refund of the amount paid for a document is impossible. In particular, this applies to products and services that require payment to third parties by kompany. Since an order placed by the User constitutes a contract for products or services, which are tailored to the User’s needs, and due to the fact that the products are not suitable for return, the right of withdrawal pursuant to §5e of the Consumer Protection Act does not apply. Money-back-guarantees as part of a trial offer are an exception and allow for refunds of the non-variable part of the fees applicable.
7.2 Subscription
7.2.1 Validity
Subscriptions are valid from the order date for the period stated in the subscription. 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 on expiry.
7.2.2 Renewal
The User agrees that, when his chosen subscription expires, it will be automatically renewed by an equivalent, new subscription. 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. Repeat registrations to obtain the benefits of a trial period multiple times are prohibited. kompany shall duly notify the User in an appropriate form 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.
7.2.3 Cancellation
A User may cancel a subscription at any time without stating the reasons, taking effect from the date up to which the subscription has been prepaid. In case of a cancellation, the refund of the subscription payment is not possible. In case of a cancellation within seven (7) calendar days from the order date, Clause 7.2.4. applies. Subscriptions must be cancelled in writing, either by postal mail or email. 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, i.e. typically products at reduced rates and package deals. In this case, there is no automatic renewal as described in Clause 7.2.2. 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 document. A refund in whole or in part is not possible. The User agrees that in such cases a monthly service fee for the administration of the account will be charged beginning 12 months after cancellation. kompany reserves the right to change this annual fee at any time.
7.2.4 Cancellation within seven calendar days
If the User cancels within seven (7) calendar days from the order date, all benefits granted through the subscription and which have not yet been claimed, will lapse on the cancellation date. The User accepts that, from the cancellation date, the discounted prices are no longer a contractual part of the subscription, but instead the current list prices apply to all purchases outside the subscription arrangement.
7.2.5 Delivery
Delivery is completed upon display on the Websites. Subsequently, the User has various options for the further use, e.g. downloading the product in PDF format.
7.2.6 Settlement
Subscriptions are payable in advance. Payments must be made in full in order to make use of all benefits associated with the subscription, i.e. products at reduced rates and package deals. Payment is effected immediately, typically by credit card or direct debit. Products and services purchased within a subscription will typically be invoiced monthly, however, kompany reserves the right to invoice at any time.
7.2.7 Refund
In principle, it is not possible to obtain a refund for products and services purchased within a subscription. Clause 7.1.3 on refunds and the exclusion of the right of withdrawal in the case of individual purchases applies here 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.
7.3 General rules on service and settlement
7.3.1 Settlement
Unless otherwise agreed, accounts are payable in full upon receipt of the invoice. If the amount invoiced is not paid on time, kompany may, within a maximum of seven (7) calendar days, preclude the User from obtaining products and services on account (soft ban). Pursuant to these GTC, kompany and the User are the only contracting parties. Settlement is always in the name of kompany, third parties are expressly excluded.
7.3.2 Invoicing
kompany invoices are generally issued and sent in PDF format. The user agrees explicitly to receiving electronic invoices. kompany issues the initial copy of the electronic invoice and grants online access to copies of invoices free of charge. kompany reserves the right to charge an administration fee for issuing a copy of the invoice in paper form.
7.3.3 Refund
Refunds of payments and the issue of credit notes to a User for services already obtained from kompany are excluded, except in the case where kompany does not fulfill 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.
8. Privacy Policy
The Privacy Policy as integral part of these GTC shall apply.
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 contract, 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 § 8 (1) No. 4 of the Data Protection Act 2000. 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 himself is located. The User undertakes to follow the provisions of the data protection laws, in particular the Data Protection Act 2000, concerning data confidentiality and security. They must take appropriate measures to protect and safeguard the data transmitted against unauthorized access by their employees or third parties. In particular, they 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 the address and contact information available for free, the end user is entitled to use it for their 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 Austrian Data Protection Law and the Telecommunications Act. The general availability of email addresses or fax numbers does not imply the consent of the owner to the receipt of electronic mail or faxes. In particular, the Robinson list (as managed by the Regulatory Authority for Broadcasting and Telecommunications) needs to be taken into account.
10. Warranty
Any warranty is subject to the applicable law. In line with ABGB §§ 922 et sqq, kompany warrants that the offered products correspond with the given descriptions, especially the content of the reports and their prices. Any exchanges or improvements are expressly excluded because of the nature of the products. With regards to price reductions and contract withdrawals because of supposed defects, paragraph 11 of the GTC shall apply.
11. Liability
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. Obtaining information from a public register or a third party, including but not limited to PEP and sanctions screening providers, credit reference agencies and translation agencies, may be subject to additional individual provisions and disclaimers. By accepting these terms and conditions, the User agrees that such provisions and disclaimers will be deemed incorporated into these GTC and shall apply to, and be deemed repeated in, any future contract. kompany is not liable for any claims arising as a result of the use of kompany products or services, including distortions or omissions in the requested data, delays which may occur during the use, or the termination of these GTC. kompany is not liable for any errors in the data transmission, or for delays not caused by kompany. In order to compile and produce the products and services, kompany uses data from public databases and data made available 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. Unless excluded in accordance with the previous clauses, kompany is only liable to the User for loss or damage caused willfully or by gross negligence and to the extent permitted by law. 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 they suspect misuse of their data. The User is liable for any loss or damage and claims for fees made against kompany that arise from 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 their login data, and for all claims made against kompany in connection with that. 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 to the following Austrian laws: Copyright Act (Urheberrechtsgesetz) (BGBl No. 111/1936 in its current version) Data Protection Act (Datenschutzgesetz) 2000 (BGBl I No. 165/1999 in its current version) Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data from October 24, 1995 Telecommunications Act (Telekommunikationsgesetz) 2003 (BGBl I No. 70/2003 in its current version)
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 reference norms 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 their ordinary place of jurisdiction. The contract, order and business language is German. If any of these provisions are or become invalid, the effectiveness of the other provisions shall not be affected. Oral agreements, additions, or amendments to these GTC, to the disadvantage of kompany, shall be ineffective.
15. Miscellaneous
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 (information and conciliation). However, this recognition does not apply to the formal mediation process, as described on www.ombudsmann.at and kompany does not submit to the judgement of the Internet Ombudsman or any other court of arbitration. The right of the parties to take legal actions remains unaffected at any time.
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 translation of these terms into other languages. 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. The validity is expressly stated either on the voucher itself, or in the 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 value of the product or service exceeds the value of the voucher, the User has to settle the difference, and will be invoiced and charged accordingly. Vouchers may be used for subscriptions, but not for Free Trial Offers. The User is aware that by subscribing, he acquires the right to access products and services as described in the subscription scheme, as well as he complies with the obligation of future settlement of the subscription and the consumed products and services within this subscription. Rules for cancellation are laid out in the General Terms and Conditions. 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. Further verification of the User’s identity may be required to access the full service. 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 the BREX Business Register Exchange GmbH, FN-405096f, Handelsgericht Wien [Industrial Court, Vienna], Mariahilfer Strasse 93/2/20, 1060 Vienna, Austria (henceforth BREX). BREX 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. BREX is a subsidiary of kompany, therefore the user of this service may receive offers from the kompany website. With this agreement, users have the right to use the IT applications, services, access and products provided within RegisterDirect (henceforth applications) under the conditions set out here. These 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. Urgent problem solving and restrictions to the service caused by traffic or operating conditions on the Austrian or international telecommunications systems are excluded. Outside the core operating time, constant access to these applications is not guaranteed (e.g. due to maintenance work). The applications are run on equipment belonging to BREX. Users are responsible for the cost of their own access to the applications over the internet. Connection problems between users, their own internet providers and the applications are not the responsibility of kompany and BREX. Data obtained from the applications comes directly from the systems of the Republic of Austria. In order to use the applications, the user must pay the appropriate subscription fee. For this subscription, the rules laid down in these terms and conditions apply, particularly with respect to settlement and termination. Invoicing and charging for the use of these applications takes place through kompany. Multiple use and reselling of data from these applications for commercial use is strictly prohibited. The user commits himself to observance of the applicable regulatory requirements of copyright law and the regulations of the Federal Ministry for Justice and of the Federal Ministry for Economic Affairs when making enquiries in the commercial register and land register. In addition, all provisions of these terms and conditions apply also for the use of the applications.
18. Special terms and conditions for Bonus Miles
The term “bonus miles” herein includes various bonus miles plans as stated on the offer page. Bonus miles are always bound to a special promotion. The validity is expressly stated in the promotion description. To be eligible to earn bonus miles, the User has to subscribe to a monthly or an annual subscription plan. Bonus miles will appear on the User’s account 8 to 12 weeks after any free trial has finished and if the subscription plan is still active. Document purchases do not contribute to additional bonus miles. The User is aware that by subscribing, he acquires the right to access products and services as described in the subscription scheme, as well as he complies with the obligation of future settlement of the subscription and the consumed products and services within this subscription. Rules for cancellation are laid out in the General Terms and Conditions. kompany reserves the right to modify or revoke the offer at any time. Information, complaints and data queries to: E-mail: redcarpet@kompany.com Phone: +43 720 882960  
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