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General Terms and Conditions of kW-A

1. General provisions

The designation "kW-A" in the following document refers to the contractually-agreed service and/or Kraftwerk Anerkennung OG.

Upon registering with kW-A, you accept the terms and conditions ("Terms and Conditions") applicable to the use of the service.

The user concludes the agreement with Kraftwerk Anerkennung OG, Matzingerstraße 21/34, 1140 Vienna. For further contact details, please refer to the Legal notices .

2. Subject matter of the agreement

2.1 The kW-A website offers registered users a closed platform to transmit messages of appreciation. The platform consists of technical applications that enable users to contact other, known users, to contact each other in general and to send messages of appreciation.

2.2 kW-A shall only make the data and/or information provided by the user available to the other users to the extent that these data and/or information do not violate statutory provisions or these Terms and Conditions". kW-A shall be entitled to remove illegal content from the website without prior notice.

2.3 The user consents to the automatic processing of his/her personal data as part of the KPI calculation and the transmission to his/her employer (only as part of a corporate package). The user may revoke his/her consent at any time.

2.4 The user accepts that it is technically impossible to provide 100% availability of the kW-A website. We strive to keep the kW-A website available without interruption. Especially in the interest of maintenance, security or of ensuring capacities, as well as in the case of events that are beyond the sphere of influence of kW-A (e.g. disruptions in public communication networks, power failures, etc.), short-term interruptions or even a temporary suspension of the service may occur.

2.5 kW-A does not participate substantively in communications between users, with the exception of coaching sessions requested by users. In this case, users directly request kW-A to review their specific communications and to comment on them.

2.6 In the case of contracts concluded by the partners, kW-A is only acts as an agent. Partner offers are subject to the General Terms and Conditions and Data Protection Policies of such partners; these businesses will independently process the order and are the contractual partners and points of contact for the users.

3. Conclusion of the contract (registration)

3.1 Users must register before using the service of kW-A.

3.2 The user warrants that all data specified by the user during registration are accurate and complete. Any changes in the user data must be reported without undue delay. Users may not use pseudonyms or aliases.

3.3 During registration, the user must select a password. The password must be kept secret. kW-A will not disclose your password to any third party and will not ask you to disclose the password at any time.

3.4 By completing the registration process, users issue an offer to conclude an agreement on the use of the service of kW-A. By activating the membership to enable use of the service, kW-A accepts this offer. Upon such acceptance, a contract is concluded by the user and kW-A.

3.5 Each user may register only once and may create only one user profile.

3.6 kW-A does not provide any guarantee for the actual, true identity of a user, since it is not technically possible to determine if a registered user is actually the person whom he/she claims to be. Hence, each user is responsible for verifying the identity of another user.

4. Remuneration, contract tern and revocation

4.1 Details on fees are available on the kW-A website in the section "Products". The prices listed there are binding. Users can settle their invoices by means of the provided online payment systems. The invoice will be transmitted electronically to the user. Additional costs may be charged for issuing duplicates.

4.2 Users may terminate its contracts at any time without stating reasons. Notice of termination may be transmitted via email (using the legal notices section of the kW-A website). The notice of termination must state the user name and the email address registered on the website. kW-A reserves the right to terminate its contractual relations with users for material cause.

4.3 A material cause for kW-A shall exist in particular if it is not reasonable to hold kW-A to contractual performance in view of the overall circumstances and giving due consideration to the interests of kW-A and the user. Material causes are also i.a. the following events:

failure of the user to comply with statutory requirements;

breach of contractual duties by the user, in particular the duties resulting from Clause 3 and 5 of these Terms and Conditions;

substantial impairment of the reputation of kW-A by the presence of the user;

harm caused to other users by the user.

4.4 When there is material cause for termination pursuant to Clause 4.3, kW-A may also take the following steps, irrespective of a notice of termination:

deletion of the content submitted by the user,

issuing of a notice of caution or

blocking the user's access to the service of the kW-A website.

4.5 In any event, the user shall not be entitled to claim reimbursement of fees already paid. The user shall remain entitled to spend any remaining credits.In this case, kW-A shall collect the donated credits and transfer the corresponding value to the organizations in question.

4.6 If you have registered with kW-A for a purpose that is outside your trade, business or profession, the following provisions apply to you by virtue of being a consumer (§ 1 of the Austrian Consumer Protection Act - KSchG): You may revoke your contract declaration within 14 days in text form (e.g. by letter or email) without stating reasons. The time-limit commences upon receipt of these instructions in text form, however, not before conclusion of the contract and also not before fulfilling our information duties pursuant to § 3 KSchG in conjunction with § 5a-5i KSchG. The notice of revocation of the declaration shall be timely if dispatched within the time limit. The notice of revocation must be sent to:

Kraftwerk Anerkennung OG
Matzingerstraße 21/34
1140 Vienna

The notice of revocation may also be transmitted to kW-A via email (by using the legal notices website).

5. Obligations

Users are obliged to

5.1 provide only true and not misleading information in their profiles and their communications with other users and to refrain from using pseudonyms or aliases,

5.2 only enter images of themselves on the kW-A website that allow for a clear and unambiguous identification of the user in question. Users shall ensure that public reproduction of the images transmitted by them is permitted. It shall not be permitted to submit photographs or images of other persons or of non-existing persons or creatures (animals, fantasy figures, etc.)

5.3 observe applicable laws and relevant rights of third parties when using the contents and services on the kW-A website. Users shall refrain in particular

from using any insulting or defamatory content, regardless of whether such content is directed at other users, employees or any other person or business,

from using any pornographic content or any content that glorifies violence or is in breach of laws on the protection of the youth, or from advertising, offering or distributing any pornographic products or any products that glorify violence or are in breach of laws on the protection of the youth,

from presenting an unreasonable nuisance for other users (particularly by spam), (cf. Act on Unfair Competition of 1984 - UWG),

from using content that is protected by law (e.g. by laws on copyright, trademarks, patents, utility models, or design patents) without being authorized to do so, or from advertising, offering or distributing legally protected goods or services and

from undertaking or supporting anti-competitive behaviour, including progressive customer acquisition (such as chain selling systems, snowball systems or pyramid systems).

5.4 to refrain from the annoying activities, even if they do not violate any specific laws:

Performing, advertising and promoting structures distribution measures (such as multi-level marketing or multi-level network marketing) or

lewd communications or sexually marked communications (either explicit or implicit).

5.5 Users shall refrain from the following activities:

Use of mechanisms, software or scripts in connection with the use of the kW-A website. However, users may use the interfaces or software made available to users on the kW-A website.

The use of technologies such as "Robot/Crawler" search engine technology for unauthorized copying, blocking, overwriting or modification of content of the kW-A website and not necessary for the proper use of the service.

Dissemination and public reproduction of content of the kW-A website or of other users.

Any act that is capable of impairing the functionality of the kW-A infrastructure, in particular by overburdening the website.

6. Limitation of liability

Users may only assert claims for damages - for whatever legal reason - that are based on slight negligence against kW-A (including persons used by the latter to fulfil its obligations) in the event of a breach of a material contractual obligation.

In this case, the claims for damages shall be limited to the value of the contract per annum.

7. Warranty

7.1 kW-A shall not be held responsible for the content, data/information provided by users or for content available on linked external websites. In particular, kW-A does not warrant that such content is true, meet a certain purpose or able to serve such purpose.

7.2 To the extent that users become aware that the kW-A website is being used in breach of statutory provisions or the terms of the contract (including the use of pseudonyms or false identities), they can report such abuse to kW-A by email (via the legal notices webpage of the kW-A website).

8. Miscellaneous provisions

8.1 The user shall exempt and hold kW-A harmless of all claims, including claims for damages, that are asserted by other users or third parties against kW-A for a violation of their rights by contents posted by the same user on the kW-A website. Moreover, the user shall exempt and hold kW-A harmless of all claims, including claims for damages, asserted by other users or third parties against kW-A for a violation of their rights by the use of the service by the same user. The user shall bear all reasonable costs, including the costs of a reasonable legal defence, incurred by kW-A as the result of a violation of rights of third parties. All other rights, including claims for damages of kW-A, remain unaffected. The user shall be entitled to show that kW-A actually incurred lower costs. The above obligations of the user shall not apply if the user was not responsible for the violation of rights in question.

8.2 If the content of the user infringes the rights of third parties, kW-A shall have the choice of requiring the user to acquire the right of use to the content at the user's own expense or to render said content free of any infringement. If the rights of third parties are infringed by the use of the service, the user shall cease such use in breach of the contract and/or of statutory provisions immediately upon receipt of a corresponding notice by kW-A.

9. Privacy policy

kW-A is aware that users put great emphasis on a particularly sensitive handling of all personal data submitted by them to kW-A. Hence, kW-A complies with all applicable legal provisions regarding privacy (Austrian Data Protection Act — DSG 2000, the European Data Protection Directives and any other applicable data protection legislation). kW-A will refrain from transmitting the users' personal data without authorization in particular to unauthorized third parties or to make such data otherwise available to third parties. Details concerning the processing of the data of users are available in the Privacy Policy of kW-A, which is accessible from any webpage of the kW-A website.

10. Place of jurisdiction

The place of jurisdiction for merchants within the meaning of the Commercial Code (UGB) is the registered office of kW-A.

Austrian law — to the exclusion of private international law and the UN Convention on the Contracts for the International Sale of Goods adopted as national law — shall apply.

Place of performance is the registered office of kW-A.

11. Validity of the Terms and Conditions

11.1 kW-A reserves the right to change these Terms and Conditions at any time without stating reasons, unless this causes an unreasonable hardship for the user. kW-A will notify users about changes to the Terms and Conditions in good time. If a user does not object to the application of the new Terms and Conditions within six (6) weeks after notification, the amended Terms and Conditions shall be deemed to have been accepted by such user. kW-A shall inform users about their right to object and about the significance of the time-limit for objection in the notification about the amendment of the Terms and Conditions.

11.2 Unless otherwise agreed, users may submit all notices to kW-A by email or send them by letter to kW-A. kW-A may send notices to users by email or by mail to the address that the user has specified as the current contact data in his/her user account.

12. Severability clause

Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

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