General Terms and Conditions of Business   General/language/applicable law
>> You, as the User, hereby conclude the following agreement with viewpointsystem GmbH (hereafter referred to as viewpointsystem) with registered headquarters in A-1010 Vienna, Schmerlingplatz 3, subject to the stated terms and conditions.

>> To accept these conditions, please click on "I agree". If you do not agree with these terms and conditions, please do not click on "I agree" and do not use the services of viewpointsystem.

>> You hereby declare that you are a business principal or authorised to act on behalf of a business principal in accordance with the Austrian Consumer Protection Act. As user you hereby declare that you are not a consumer for the purposes of the Austrian Consumer Protection Act.

>> You may only make agreements with viewpointsystem, and provide the details requested on this form, in writing.

>> These terms and conditions have been translated into several languages in line with those used on the viewpointsystem website. The translations are provided for information purposes only; in cases of doubt, the German language, Austrian law and the content of the German version of the terms and conditions take precedence over the translated version.

>> Austrian law applies exclusively. Any legal disputes shall be considered exclusively in Austria, regardless of the ownership situation of viewpointsystem. The legal venue is the Commercial Court of Vienna.

>> The legal basis of this agreement is formed by: Austrian Civil Code (JGS No. 946/1811), Austrian data protection act (Federal Law Gazette I No. 165/1999), the Austrian e-commerce act (Federal Law Gazette I No. 152/2001), the Austrian Consumer Protection Act (Federal Law Gazette No. 140/1979), Austrian Commercial Code (Federal Law Gazette II No. 316/2008), Austrian copyright law (Federal Law Gazette No. 151/1996) and the current versions of the associated ancillary laws.

  Image rights
>> It is forbidden by law to use images without the consent of the holder of the copyright. You hereby declare to be entitled as provided by copyright law to make use of the image file to be processed.

>> Please ensure that you have a written declaration of agreement from the person entitled to make use of the image file.

>> viewpointsystem reserves the right not to process image files that contain offensive, immoral content, or those which breach other laws of the Austrian legal system, in particular breaches of third-party copyrights. In such a case the contract would not come into force and viewpointsystem would be fully released from any obligation to provide a service as a result of this order procedure. In this case, 100% of the costs that would have arisen if a valid contract had been concluded shall be withheld by way of manipulation expenses.

viewpointsystem reserves the right to take further action in criminal and civil law and can assign the proceedings in favour of the injured party.

  User account
>> You agree to the foregoing and are aware that you require a user account to use the viewpointsystem web shop, and that you are responsible for the secrecy of the associated passwords.

>> If you become aware of unauthorised use of your password or your user account, you are obliged to inform viewpointsystem immediately.

>> viewpointsystem may close your account at its own discretion with immediate effect, and delete all data contained therein, if viewpointsystem, for any reason whatsoever has not received payment, or if you are in breach of these terms and conditions, in particular the uploading of offensive, immoral content or content in breach of other laws of the Austrian legal system, in particular breaches of the third-party copyrights, regardless of who uploaded the actual content. In such a case, viewpointsystem is released from all liability.

  Payment/payment period
>> The applicable prices are those quoted by viewpointsystem or shown on the order form. Settlement of invoice is exclusively in Euros.
 
>> viewpointsystem is a diagnostic tool, state of the art and a world leader in the production, evaluation and presentation of eye tracking films in accordance with the unique patented viewpointsystem®™. The statement content relates exclusively to image and film data provided and to the qualitative view behaviour, which can be used to optimise further redesign by the User or its agents.

>> The evaluation films produced by viewpointsystem are eye tracking films made especially for the User. There is no right of return.

>> viewpointsystem produces eye tracking films using the number of test subjects requested by the User on the order form. The selection of test subjects is carried out by viewpointsystem.

>> The eye tracking films are produced in standard output quality in accordance with the PAL TV 720x 576 pixel standard.

>> viewpointsystem will upload the eye tracking films it produces on its server, for the User to access and download during a specified availability period. The contents of the user folder will be stored by viewpointsystem for 60 days after the download has been made available. Subject to giving prior notice, the User may use the memory space for a fee; the memory availability is extended automatically if a new order is placed.

>> As specified in the order basket, viewpointsystem will provide the eye tracking film within three days of the working day following the order, available for download from the individually-allocated User folder. Information on completion and availability for download of the eye tracking film will only be sent to the e-mail address provided with the order. By sending the confirmation e-mail, viewpointsystem will fulfil its performance obligation in accordance with the order procedure.

>> Orders may be modified subject to the order conditions shown on the website. However, the viewpointsystem delivery period does not begin until the day following the modified order.

  Delayed performance
>> viewpointsystem shall not be liable for the consequences of delayed performance caused by incorrect, incomplete or subsequently altered details or information provided by the User, or by documents provided by the User.

>> viewpointsystem is also not liable for delayed performance, even in the case of binding delivery periods and deadlines, resulting from force majeure or events that substantially hinder or prevent viewpointsystem from providing the service - including strikes, lockouts, official orders, a breakdown of the communication networks and gateways of other operators (in particular Internet providers, financial service providers and similar companies or organisations), including such events affecting suppliers or subcontractors of viewpointsystem or its subcontractors. Delayed performance of this kind entitles viewpointsystem to postpone the provision of the service for the duration of the hindrance, with the addition of a reasonable period of adjustment.
 
  Right of withdrawal
>> Should viewpointsystem, for physical or legal reasons beyond its control, be unable to provide a given service for the User, viewpointsystem shall be entitled to withdraw from the contract. Costs and expenses arising from activities to date of viewpointsystem must be reimbursed by the User.
 
  Warranty
>> viewpointsystem undertakes to provide its evaluations in accordance with the internationally unique quality criteria of the constantly-developing, patented viewpointsystem®™.

>> viewpointsystem does not accept any responsibility for the availability of the transferred image files.

>> Warranty claims must be made by the User in writing, by registered letter, within 7 days of receipt of the notification that the service has been performed by viewpointsystem; the warranty will otherwise expire.
 
>> The complaint must include a precise description of the defect complained about.

>> viewpointsystem will check the complaint and, if it is justified, attempt to rectify the fault, provided the User allows all measures required for the examination and rectification.

>> If the specific defect cannot be remedied by the rectification attempt, both viewpointsystem and the User are entitled to cancel the contract.

>> No claims for a price reduction are permitted. This relates merely to a claim for rectification or cancellation.

>> Eye tracking films that have been retrospectively altered are not covered by any warranty from viewpointsystem.

>> Where an order relates to a change or addition to existing eye tracking films, the warranty relates to the change or addition. It shall not reinstate the warranty in respect of the original eye tracking film.

  Use/rights of ownership/copyright protection
>> Conclusion of the contract grants the User user rights only for the duration and subject to the conditions of the contract, provided the User has paid in accordance with the contract.

>> Rights of ownership, copyrights and trademark rights belonging to the User, as well as the rights of ownership, copyrights and trademark rights of viewpointsystem in the eye tracking films are not affected by the conclusion of the contract.
 
>> rovided nothing is agreed to the contrary, the use of the eye tracking films by the User must only be for the User's own purposes. They must not in principle be given to third parties.

>> All processes, signs, symbols and text on this website are the property or authorised for the use of viewpointsystem. The duplication or use of processes, signs and symbols, and the linking of this website in any way are forbidden without the consent of viewpointsystem and will be prosecuted under criminal and civil law.

  Reference/Advertising/ Pricing
>> You declare your agreement to your image and film files, which have been evaluated by the viewpointsystem process (eye tracking evaluation film using a viewpointsystem®™ patented process), being granted an award as part of an occasional prize-giving scheme and/or used by viewpointsystem free of charge for its own reference or marketing purposes, without the need to obtain further consent, and, if appropriate, for other purposes at the company's discretion. The User is not entitled to claim as a result of viewpointsystem awarding a prize to or using the eye tracking film.

>> viewpointsystem is entitled, but not obliged, to quote the User's company and/or its brand names or logo for reference purposes.

>> viewpointsystem declares that it will not, without having obtained consent, use any original subjects or films (i.e. without a viewpointsystem eye tracking film) for its own or other purposes.

 
>> viewpointsystem is a diagnostic tool and no liability is accepted for the success of any campaign resulting from it, nor for the success of business operations in general, nor for any loss of profits.

>> viewpointsystem only accepts liability for typical, foreseeable damage or loss, provided it is due to gross negligence or malicious action. No liability is accepted for indirect loss or damage and consequential damage, loss of profits, loss of business information or data, or other financial losses.

>> viewpointsystem is also not liable for the content of data transferred, in particular for ensuring that it is free from the rights of third parties or the fact that the sender has acted illegally in transferring the information.

>> If the User is in breach of legal prohibitions or has offended against common decency, the User must compensate viewpointsystem for all direct and indirect losses and damage incurred by viewpointsystem as a result of this behaviour.

>> In cases of liability, compensation to be paid by viewpointsystem is limited to a maximum of the amount of the order in respect of the business transaction in question.

  Personal data/data protection
>> In accordance with the Austrian data protection law (DSG 2000, Federal Law Gazette I No. 165/1999) viewpointsystem is not obliged to have a DVR number (SA001, SA007, SA022). viewpointsystem will use the personal data provided by the User, necessary in order to comply with the accounting regulations, as well as data that is relevant for a systematic organisation of users, exclusively for its own purposes in optimising the site, and for the commercially practical and necessary conduct of business.

>> viewpointsystem handles its transactions through mpay24.com, an internationally-recognised Internet banking interface also approved by the Austrian banking system. viewpointsystem therefore has no access to any bank or credit card details except for what can be seen on the statement for the account into which it receives payments.

>> viewpointsystem guarantees to handle this data confidentially, and exclusively for its own purposes, and to instruct all employees who handle these data also to observe this secrecy obligation and declaration of confidentiality. Business secrets will only be passed on in the case of a court order from an Austrian court, and then only if it is unavoidable.

>> You declare that the information you have given to viewpointsystem on registration is at all times true, correct and current. In particular, your user-relevant data (access to your user account where your orders, eye tracking films and invoices are stored) will only ever be forwarded to the e-mail address supplied by you, and by so doing, viewpointsystem is released from any further obligations to provide or pass on information.

>> viewpointsystem uses Google Analytics, a web analysis service by Google Inc. ('Google'). Google Analytics uses 'cookies', text files that are saved on your computer and enable an analysis to be made of the use you make of the website. The information generated by the cookie on your use of this website (including your IP address) will be transferred to a Google server in the USA and saved there.

I declare that I have read and accept these terms and conditions and that I agree to them.