Websites and any other (online or offline) applications (in the following “AVL Online Applications”) offered by AVL and / or its affiliates or affiliated companies (in the following, AVL and / or its affiliates or affiliated companies are referred to as "AVL" and the websites of AVL as "AVL Websites") are operated, administrated and monitored by the AVL headquarters in Austria, 8020 Graz, Hans-List-Platz 1.
These Terms apply to the use of any of AVL products, Content and services available on AVL’s Online Applications. This includes any use of the Content by Users, whether they are visiting and browsing AVL’s Online Applications, signing-up for events, newsletters and similar offers, downloading and streaming content, or registering and creating an account.
These Terms can be supplemented, changed or replaced by special terms and conditions such as for services, for sale via the Internet and others. In the event of discrepancies or conflict, the special terms and conditions take precedence over these Terms.
3. Password protected areas
Some AVL Online Applications and certain features can only be accessed by registered Users, requiring a user name and a password and creating an account (“Login Data”). AVL reserves the right to deny registration to any Users.
Where a registration is required, the User has the obligation to provide truthful, accurate and complete information as requested by AVL. In the event of later changes of any information provided, the User must inform AVL immediately in writing, however, within 2 weeks after the change at the latest.
Users agree to keep this Login Data confidential and secure, to desist from passing on such information to third parties, and to ensure safe storage. Users must immediately change their Login Data, if they suspect that unauthorized persons have come to know about it. As soon as the User becomes aware of any unauthorized use of the User's Login Data, the User must report such use to AVL immediately.
Furthermore, registered Users agree to accept responsibility for all activities carried out under their account and to notify AVL immediately if the confidentiality of any credentials is compromised. AVL is not liable for any loss that any registered User incur as a result of someone else using the User’s Login Data.
To protect the security of the AVL Online Applications and / or the Login Data of any registered User, AVL may terminate, block or suspend the registered account, change the user name or password, request additional information before the registered User is authorized to make any transactions on the registered account, or take other reasonable actions.
A registration can be cancelled and / or deleted at any time upon request by the User or notification by AVL in writing or by email. Such termination and deletion of the registration must not contradict the proper performance of ongoing contractual relationships. In case of a cancellation or deletion of the registration, AVL will remove the Login Data and all other User’s data as soon as these data are no longer needed.
4. Intellectual property rights
All intellectual property rights existing with regard to AVL Online Applications Websites and to the Content are either AVL’s property or have been licensed to AVL. All rights are reserved by AVL or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that AVL or third parties waive any applicable intellectual property rights, neither wholly nor partially with respect to such Content or service). Users are not permitted to reproduce, copy, post, republish, transmit, record, transfer or process any Content, materials or portions thereof without AVL’s express written permission in advance, nor are Users permitted to do or attempt anything that violates AVL’s intellectual property rights or any intellectual property rights licensed to AVL or owned by third parties. This also applies to the ideas and concepts on which the AVL Online Applications or Content are based, even if they are not protected by intellectual property rights.
AVL Online Applications may utilize or incorporate digital content or services from third-party vendors (in the following “Third-Party Content”). Users acknowledge and agree that the right to use such Third-Party Content may be subject to additional terms and conditions of the third party providing these services. If Users do not agree to these additional conditions, Users are not permitted to use the respective third-party content or services.
While using digital content provided on the AVL Online Applications, linking is subject to the following conditions:
a. Links from other websites/online applications to AVL Online Applications
AVL permits all links which do not alter the content of AVL Online Applications in any way, which keep the source of the contents fully identifiable, and which present the linked AVL Online Application in its entirety. The content of websites containing links to AVL Online Applications must comply with the applicable laws, especially those regarding competition, copyright, trademark and criminal law. Such websites must not misrepresent the relationship with AVL and the website may only claim that it is supported by AVL provided that AVL’s prior consent has been obtained.
The AVL logo may only be used with AVL’s prior permission. The use of frames to display the content of AVL websites is prohibited. The linking of websites with illegal content is prohibited. AVL reserves all rights in the event that websites are linked which contain material that violates competition, copyright or trademark law or any other illegal content. The linking of websites with offensive, distasteful, obscene or in any way controversial content is prohibited.
b. Links from AVL Online Applications to other websites/online applications
When links are made from AVL Online Applications to other websites or other online applications of third parties, these links are provided solely as a convenience to the Users. AVL has no control over and does not endorse the content of the linked websites or other online applications of third parties. AVL accepts no liability and/or responsibility whatsoever for the (legality of the) content of these third-party websites/online applications. In particular, AVL accepts no liability whatsoever for the correctness, completeness, legality, objectivity or up-to-dateness of the content. The use of any third-party websites/online applications shall be at the sole risk and responsibility of the User.
c. Publication of links on AVL Online Applications
AVL Online Applications Users may, among other things, publish links to other websites/online applications. Such links are transferred by means of electronic data transfer. AVL is not in a position to verify the legality of links transmitted in this way or to have any influence over the transfer process. AVL accepts no responsibility for links that become published on the AVL Online Applications in this way, in particular AVL accepts no liability for links which refer to websites/online applications that contain illegal, offensive, distasteful, immoral or in any way controversial material. The sole responsibility for such links lies with the User who transmitted the link. AVL reserves all rights in respect of such persons. Any links potentially infringing upon other persons’ rights or violating any laws or regulations may be reported to AVL at firstname.lastname@example.org. AVL reserves the right to delete such links upon investigation.
The provisions for linking contained in 5. a) to c) above shall apply mutatis mutandis to sharing, embedding, uploading and/or any other means of sharing and/or providing of digital content from AVL and/or on AVL Online Applications.
6. User Content
When Users transfer information or provide user content in any way on the AVL Online Applications (including but not limited to sharing, embedding, uploading, publication of hyperlinks and/or any other means of sharing and/or providing content), they automatically grant AVL a cost-free, world-wide, non-exclusive license for any kind of use whatsoever, unless expressly agreed otherwise between AVL and the User. AVL shall have the right in particular to copy, distribute, delete or alter the transferred information or to publish it elsewhere. Users are forbidden from transferring information or publishing information on the AVL Online Applications that contains material that violates anti-competition or trademark law or any other intellectual property rights, that is discrediting, libelous or offensive to common decency, or any other illegal contents. The transfer and / or publication of content is deemed equivalent to the transfer and/or publication of hyperlinks.
7. User Conduct and AVL's rights to deny access to the Online Applications
When using AVL Online Applications, Users are forbidden to violate any intellectual property rights or any other third-party rights, to upload any virus, any spy-software (e.g., trojan horses) or any other program that could damage AVL Online Applications.
Users are prohibited to use any automatic device, program, algorithm or methodology or any other process, to access, acquire, copy or monitor any portion of the AVL Online Applications and / or any Content, or in any way reproduce or circumvent the navigation structure of the AVL Online Applications, to obtain any Content through any means not purposely made available through the AVL Online Applications. Users are forbidden to attempt to gain unauthorized access to the AVL Online Applications and its Content and / or any servers of AVL by any illegitimate means.
Furthermore, Users may not probe or test the vulnerability of the AVL Online Applications and may not breach any security or authentication measures incorporated in the AVL Online Applications. Users may also not interfere or attempt to interfere with the proper working of the AVL Online Applications or any transaction being conducted on the AVL Online Applications.
Users are prohibited from causing damage to other Users when using the AVL Online Applications or from impeding the operation of these AVL Online Applications or from disrupting the communication flow in any way whatsoever. Furthermore, Users are prohibited from using information about other Users of the AVL Online Applications or information published by third parties on the Websites in any way that is at discrepancy with the purpose of these AVL Online Applications.
AVL reserves all rights in the event of violation. AVL will pursue infringement of rights with criminal and civil legal actions and will recover damages from any infringer in respect of all claims, costs, losses, obligations and expenses, including the usual legal costs.
AVL is not obliged but has the right to monitor and check all transferred and / or published information irrespective of its intended purpose. AVL reserves the right to prevent the publication of or to delete information irrespective of its content without providing any reason.
AVL reserves the right to deny or terminate the User’s access to the AVL Online Applications and to block the User’s future access to the AVL Online Applications, in particular in case AVL determines that the User has violated these Terms and / or any other guidelines of AVL.
AVL makes reasonable endeavors to keep all AVL Online Applications secure and free from viruses, however, AVL cannot guarantee that the AVL Online Applications are virus-free. Therefore, the User must take any reasonable security measures on his end and shall use virus scanning software before or while downloading Content from AVL Online Applications.
Users of AVL Online Applications shall be obliged to access at regular intervals and retrieve the new information published there. Any e-mail messages advising Users about material published on AVL Online Applications are of an informative nature only and not therefore associated with any legal consequences whatsoever.
Messages published on AVL Online Applications shall be considered successfully delivered at the end of the next working day after being posted.
8. Conclusion of Contract
The information displayed on AVL Online Applications for the purchase of products and services and for downloading software merely represents a request for submission of a quotation. The quotation is drawn up by the User. AVL explicitly reserves the right to decline submitted quotations without stating any reason. The absence of a response does not mean that the quotation has been accepted.
AVL offers no guarantee of any kind for the correctness, completeness, legality, objectivity or up-to-dateness of Content offered on AVL Online Applications. No guarantee is offered in particular for the correctness, completeness and up-to-dateness of Content displayed on the AVL Online Applications relating to products and prices or for the availability of the advertised products (goods, services, software etc.). AVL would like to emphasize that Users in countries where the legislation does not permit such caveat emptors or only permits them to a limited extent, are not affected by the above provision (Para. 9) or only affected to a limited extent.
Despite the fact that care has been taken to ensure the correctness and validity of the information provided on the AVL Online Applications, AVL assumes no responsibility for such correctness.
AVL undertakes every endeavor to keep its Online Applications free from viruses and any other malicious software. However, AVL cannot guarantee that its Online Applications are free from viruses and/or any other malicious software. Every User is obliged to employ the latest available virus scanning programs to protect their own hardware and software and to check the data and software transmitted by other Users or deposited on the AVL Online Applications.
When Users transmit information to the AVL Online Applications they automatically indicate that they are in agreement with these Terms and accept that they are solely responsible for that user content. In particular, that means that the User is solely responsible for the authorship, correctness, completeness, legality, publication and distribution of the data they transfer, that they are solely responsible for the acquisition and maintenance of all licenses, approvals, releases, authorizations and similar permissions, and that they shall bear all the associated costs and fees.
AVL accepts no liability whatsoever for damages of any kind (including but not limited to actual damages, consequential damages, lost profits, frustrated applications, damage to data, loss of data, loss of trade, legal expenses and drawing up of contract), except in cases of gross negligence or willful misconduct.
The User shall indemnify and hold AVL harmless from and against any claim, proceeding, action, fine, loss, damages, liability, and / or costs (including reasonable fees for legal representation), brought or made against AVL by any third party due to or arising out of or in connection with the User’s use of the AVL Online Applications.
AVL reserves the right, at its sole discretion, to change, modify or update these Terms at any time without prior notice. Changes to these Terms are binding and shall be deemed to have been accepted upon the first use of AVL Online Applications by the User after the change has been implemented and published on AVL Online Applications. It is recommended that Users read the Terms and the associated legal notices at regular intervals to keep up to date with changes.
13. Improvement, amendments and operation of AVL Online Applications
AVL is constantly striving to improve its Online Applications, products and services. For this reason, AVL reserves the right to interrupt or discontinue any part of the AVL Online Applications or to introduce new functions, to restrict certain functions or to restrict access to products and/or services in whole or in part available via AVL Online Applications. AVL also has the right to modify, adjust, alter, delete or change the Content of the AVL Online Applications in whole or in part at any time and without notice. AVL reserves the right to interrupt the operation of any AVL Online Application to perform such works, maintenance works (including but not limited to error correction) or any other changes.
Moreover, AVL has the right to modify, suspend or cease operation of any of the AVL Online Applications in whole or in part and to terminate or restrict access to the AVL Online Applications at its own discretion at any time and for whatever reason.
14. Limited availability in certain geographic locations
AVL operates the AVL Online Applications from its location of its headquarters of AVL List GmbH (see 1. above). Although the AVL Online Applications may be accessible worldwide, not all Content may be available to all persons or in all geographic areas. AVL reserves the right to limit the Content to any person or any geographic location.
15. Data Protection
AVL’s data protection policy has the protection of personal data as its central concern. The processing of the User’s data is subject to AVL’s Privacy Notice which can be found under: https://www.avl.com/privacy-policy
16. Applicable Law, Jurisdiction
These Terms and all matters relating to the access and use of the AVL Online Applications, including all claims or disputes arising out of or in connection with the access and / or use of the AVL Online Applications, shall be governed by Austrian Law.
The competent courts of Graz, Austria shall have exclusive jurisdiction for any dispute or claim arising out of or in connection with the access and / or use of the AVL Online Applications. AVL shall also be entitled to institute legal proceedings at the place of residence or business of the user of AVL Online Applications.
17. Final Provisions
Each provision of these Terms applies separately and independently. If any provision of these Terms is or becomes invalid or unenforceable, whether in part or as a whole, the remaining provisions of these Terms shall remain unaffected. In such case, the affected provision will either be construed and modified to the minimum extent necessary to render it valid or repealed and replaced with a valid provision that best gives effect to the purpose of these Terms and enables them to remain in full force and effect to the extent permitted by law.
AVL Online Applications comply with the law applicable in the country where the AVL Online Applications are operated, i.e. AVL List GmbH’s headquarters (see 1. above). AVL makes no representation that the Content available on the AVL Online Applications complies with any other laws. If Users access AVL Online Applications from outside the country where the AVL Online Applications are operated, they are responsible for compliance with all applicable local law. Access from countries where Content provided on AVL Online Applications is unlawful is prohibited.
The original version of the Terms is in English. Any translated version is for your convenience and information only. In case of disputes the English text shall prevail.