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Click-Wrap Agreement for eParcel –Services

Click-Wrap Agreement for eParcel -Services

IMPORTANT — READ CAREFULLY: By clicking the “Yes” button and by using the eParcel services software (“Service”), the user (“You”) agree(s) to be bound by the terms of this Agreement (“Agreement”). If You do not agree to the terms of this Agreement, You must not access or use the Service.

The purpose of this Agreement is to set forth and define an arrangement under which Andritz AG (“Company”) will provide Services for the benefit of the affiliates of the Andritz Group and their customers.
Please use the contact form for any comments, questions concerning this Service.

Only users with Company’s verified e-mail addresses can create accounts within the Service.
These accounts are necessary to create e-Parcels/download data.
The creators of e-Parcels can then invite any e-mail based internal and external partner or employee to use the Service. Prior using the Service every user must consent with the terms and conditions of this Agreement.

The Service represents a collection of downloaded files which can be reached and or created/updated by the web interface or by a FTP/FTPS/FTES account. Please read the system requirements and general information concerning this Service.

Acceptance to the Extended Personal data collection and identification data

The use of this Service will result in general data and information being recorded for statistical purposes (number of hits, number of downloads of certain documents, country from where the website is accessed). The statistics generated of the data serve to improve the usability of the Service.

Personal data and identification data is recorded and used to enable helpdesk to this application and to prevent information security threats. Company has the right to pass these statistics on to third parties.

You expressly consent, that Company and/or its affiliates and their System Administrators may handle, collect and store Your Personal data (including but not limited to e-mail addresses and any downloaded data) and Your identification data (meaning data which can be associated with an individual user of the Services).  With this consent given, Company and/or affiliates may handle and process for example the following:

  • Upload and download history of the downloaded data
  • Expiration date of the downloaded data(packages and files)
  • Notification of any actions concerning Your downloaded data
  • Your e-mail history
  • Connection history of Your invited receivers who have accepted this Agreement

To enable a more customer-friendly use of the web-based offer, cookies are installed while using this Service. You expressly agree to the use of this technology. You are free to accept cookies only for individual cases or reject them as a whole by setting your browser accordingly. Due to technical reasons the use of the Service or certain services of this website may be impossible or reduced due to the rejection of cookies.

You consent, that the data divulged by You may be recorded, processed, stored and used for accounting purposes and for internal market research and marketing activities. This data will be used by Company for the fulfillment of legal obligations, payment transactions and for advertising purposes. You also expressly consent to the transmission of this data to Company and/or its affiliates or subsidiaries expressly listed on this website, that are entitled to use the data for the purposes mentioned above.

You also expressly consent to receiving advertising material by Company and/or its affiliates or subsidiaries expressly listed on this website.

You may withdraw Your consent at any time by sending an email to welcome@andritz.com.  You understand and agree that Your right to use the Service shall terminate at the same time.

Lifetime Policy of a single eParcel

This Service is a transmittal service. Company does a reasonable effort to keep the data up to the configured Expiration Date at each eParcel (downloaded data). After this Expiration Date the data is deleted from this Service without further notice. The owner of an eParcel can always check his/her eParcels concerning any setup values including Expiration Date and all logs concerning his/her eParcels.

Backup/Restore Policy

This Service does not take any backup copies of the eParcels/downloaded data. You are solely responsible for taking the necessary copies of the downloaded data and storing the copies.

Disclaimer

THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO EXPRESSED OR IMPLIED WARRANTIES WHATSOEVER. COMPANY’S TOTAL LIABILITY FOR TORT, CONTRACT AND OTHER DAMAGES SHALL NOT EXCEED FIFTY (50) EUROS. COMPANY IS NOT LIABLE FOR LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES WHATSOEVER. COMPANY IS NOT LIABLE FOR ANY CLAIM OR DEMAND AGAINST YOU OR ANY THIRD PARTY. YOU’RE REMEDIES UNDER THIS AGREEMENT OR AT LAW OR IN EQUITY ARE LIMITED TO THOSE SET FORTH IN THIS AGREEMENT. COMPANY SHALL HAVE NO LIABILITY FOR THE CONTENT OF THE EPARCELS OR ANY DOWNLOADED DATA IN THE SERVICE.COMPANY SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED BY YOUR ACTIONS IN YOUR RELATIONSHIP WITH ANY THIRD PARTIES. COMPANY DISCLAIMS ANY WARRANTY AND DOES NOT REPRESENT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS.COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR (i) ECONOMIC, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, WHETHER CLAIMED UNDER CONTRACT, TORT, BREACH, FAILURE OF WARRANTY OR ANY OTHER LEGAL THEORY OR (ii) LOSS OF OR DAMAGE TO YOUR DATA OR PROGRAMMING.

Governing Law

This Agreement will be governed by the laws of Austria, without reference to its choice of law rules, excluding the United Nations Convention on Contracts for the International Sale of Goods. All terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law. If a provision of this Agreement is held invalid under any applicable law, such invalidity will not affect any other provision of this Agreement and the invalid provision shall be deemed modified to the extent necessary to make it valid and enforceable or, if such provision cannot be so modified, it shall be deemed deleted from this Agreement.

All disputes arising out of this Agreement or related to its violation, termination or nullity shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one arbitrator appointed in accordance with these Rules. The language to be used in the arbitral proceedings shall be English.

Acceptance

I hereby accept the above terms and conditions of this Click-Wrap Agreement for eParcel –Services:

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