Terms of Use
I. General Terms of Use for Websites of the WALTER GROUP
I.1. Scope of Applicability and scope of Services
(1) The subject matter of these Terms of Use is the use of the websites provided by WALTER CONTROL TOWER GmbH and its affiliated group companies (hereinafter "WALTER GROUP") (hereinafter "Website").
(2) This page contains the general Terms of Use of the Website. By accessing or using the Website (hereinafter "Use"), all users and visitors (hereinafter "Users") accept the validity of these general Terms of Use. The WALTER GROUP reserves the right to modify these Terms of Use at any time at its own discretion.
(3) Alternative for registered users: By clicking on the "Agree" or "Submit" button, the User agrees to the Terms of Use of the Website as binding for the User. The WALTER GROUP reserves the right to modify these Terms of Use at its own discretion. The User must agree to the modified Terms of Use again as described above by clicking on the "Agree" or "Submit" button in order to continue using the services of the WALTER GROUP.
(4) The WALTER GROUP provides industry- and company-related information on the Website for customers, transport partners, and applicants. Certain services (e.g., LOADS TODAY, customer portal CONNECT, CONTAINEX portal) are only accessible to registered Users.
(5) WALTER GROUP is entitled to discontinue the Website in whole or in part and to modify the content or services at will. The WALTER GROUP does not warrant or guarantee uninterrupted availability of the WALTER GROUP Website. There is no entitlement to the use or maintenance of the WALTER GROUP Website.
I.2. Proprietary Rights / Intellectual Property
(1) The entire content of the Website (illustrations, texts, formulations, trademarks, images, videos, graphics) is the intellectual property of the WALTER GROUP or its contractual partners. Through the use of the WALTER GROUP Website, the User acquires no license or other rights of use regarding the rights located on the Website (e.g., industrial property rights, copyrights, and related rights, etc.). Trademarks, design, images, texts, parts of texts, and other content of the WALTER GROUP Website may not be altered, copied, reproduced, used, supplemented, or otherwise exploited in any form without the prior written consent of the WALTER GROUP. Expressly exempted from this is the reproduction, exploitation, or use of materials specifically offered for use.
I.3. Liability
(1) The WALTER GROUP shall only be liable for any damage suffered by the User arising out of the use of the WALTER GROUP Website in cases of intent or gross negligence.
(2) The WALTER GROUP accepts no liability whatsoever for damage or losses suffered by the User, whether direct or indirect, immediate or consequential, regardless of whether these arise from contract, tort (including negligence), or otherwise, provided they fall into any of the following categories:
(i) Loss of profit and consequential damages
(ii) Incidental losses and loss of profit
(iii) Lost business opportunities
(iv) Loss of goodwill and loss of data
(3) The WALTER GROUP has made all reasonable efforts to ensure that the information provided on the WALTER GROUP Website is correct and complete at the time of provision. The WALTER GROUP makes no representations and assumes no warranties or guarantees for the information provided on the Website, such as downloads, services offered by third-party providers, external links, or other content used either directly or indirectly by or accessible from the WALTER GROUP Website. The WALTER GROUP also reserves the right to make changes or additions to the provided information without prior notice.
(4) The WALTER GROUP shall not be liable for damages resulting from the improper or abusive use of the user account by the User themselves, or from the misuse or loss of identification features or data stored by the User.
I.4. Availability
(1) The WALTER GROUP endeavors to operate and keep the Website accessible continuously—in each case within the bounds of existing technical, economic, operational, and organizational possibilities.
(2) The WALTER GROUP provides no warranty or guarantee that the WALTER GROUP Website or its content will be available without interruption or at all, that it will be error-free, or that errors will be rectified, nor that the WALTER GROUP Website or auxiliary means (such as servers) are free of viruses or other harmful components. The WALTER GROUP expressly excludes any liability for damages of any kind resulting from the provision of the WALTER GROUP Website or auxiliary means, to the extent permitted by law.
(3) The WALTER GROUP assumes no liability for periods of unavailability due to technical or other problems.
I.5. External Links
The WALTER GROUP Website contains external links leading to third-party websites. The WALTER GROUP has no influence on the availability, quality, and content of externally linked websites and assumes no responsibility for the content of external websites that violate applicable law or cause damage to Users in any other form.
I.6. Secure Pages
The Website partially includes SSL certificates from SwissSign. In addition to effective encryption of user data during transmission to the web server, SwissSign SSL certificates also include provider identification (WALTER GROUP) and authentication of the Website's authenticity to protect against phishing. The User declares that they are aware of, have read, accepted, and will comply with the General Provisions of the SwissSign Gold CP/CPS (repository.swisssign.com) and the SwissSign Gold End User Agreement (repository.swisssign.com). The WALTER GROUP excludes any liability towards the User in connection with the use of the SSL certificate.
I.7. Passwords and User Accounts
(1) Certain services (e.g., LOADS TODAY, customer portal CONNECT, CONTAINEX portal) are only accessible to registered Users. Following registration and verification by the WALTER GROUP, the User receives a password that enables access to the user account.
(2) The user is responsible for maintaining the confidentiality of the password and any other existing information, as well as for all activities that occur in connection with the user account. Any unauthorized use of the user account or other security breaches must be reported to the WALTER GROUP immediately. Registration of the user account or subscribing to a subscription service is tied to the User's partner number. The User is not authorized to disclose the partner number or password to other persons or to make them available to third parties. Any disclosure of the partner number and/or password by the User may lead to the deletion of the user account or the termination of the subscription.
(3) Data, content, and information disclosed to the User by virtue of their user account must not be passed on to unauthorized third parties.
(4) The WALTER GROUP reserves the right to approve or reject the registration or application for a subscribed service without giving reasons. Furthermore, the WALTER GROUP is entitled to block any user account or the receipt of individual subscribed services without giving reasons.
I.8. Uploading Harmful Material
The WALTER GROUP prohibits the uploading of computer programs, files, and other materials containing harmful and/or disruptive features such as viruses, corrupted files, "hidden" files (such as images integrated into audio files), worms, Trojan horses, or bots for scrolling, displaying multiple screens, and for other activities that may disrupt the integrity or functionality of the Website or online communications in general.
I.9. Cyberattacks
(1) Cyberattacks of any kind on the WALTER GROUP Website, any related WALTER GROUP data, or data of individual Users are prohibited.
(2) Any cyberattack will result in the immediate exclusion of the User in whose sphere the attack originates and will be prosecuted under civil and criminal law.
II. Miscellaneous Provisions
II.1. Legal Venue
This agreement is governed by Austrian law. The Commercial Court of Vienna, Inner City (Gericht für Handelssachen in Wien, Innere Stadt), shall have exclusive jurisdiction to settle any disputes. Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of Austrian international private law.
II.2. Amendments and Additions, Severability Clause
(1) Amendments and additions to this agreement must be made in writing. Verbal collateral agreements shall be ineffective.
(2) Should one or more provisions of this agreement be or become invalid for any reason whatsoever, this shall not affect the validity of the remaining content of the agreement.