"My ewe" User Terms
Issuer of the terms:
ewe Küchen GmbH
A-4600 Wels, Dieselstraße 14
Tel. +43 7242 / 237-0
Fax: +43 7242 / 237-1221
FB-Nr. FN 106 960 w
Issuer of the terms:
ewe Küchen GmbH
A-4600 Wels, Dieselstraße 14
Tel. +43 7242 / 237-0
Fax: +43 7242 / 237-1221
FB-Nr. FN 106 960 w
1.1. Thank you for choosing "My ewe", an online service that enables you to plan and find inspiration for your kitchen planning and to save ideas, inspirational images and mood boards to help you create your design vision for your kitchen project (hereinafter the "Service"). As part of the Service, you may share your account with our staff to get help and inspiration with your kitchen project. The Service is provided by ewe Küchen GmbH. (hereinafter "we", " us", or "our") as a separate, password-access area at www.ewe.at (hereinafter the "Website").
1.2. The following User Terms applies together with the personal data policy ("Personal Data Policy"), see section 10, for the offered Service. These User Terms are important and affect your legal rights and obligations, so please read them carefully. When you register a user account you agree to these User Terms which form an agreement between you and us with respect to the Service. You need to be 18 or older in order to enter into an agreement with us with respect to the Service.
1.3. We may from time to time change these User Terms. We will inform you about such changes accordingly. If you do not object such a change within 6 weeks after our information the changes will get part of our agreement with you.
1.4. We may from time to time modify or add new features to the Service, with or without prior notice. These new features will automatically be subject to these User Terms. We also reserve the right at any time to discontinue, temporarily or permanently (see further section 11.3) the Service or any part thereof, with approbriate prior notice.
2. Registration, username and password
2.1. To access the Service you need to register a user account. Registration of your user account is made on the Website. Each user may only register one user account. Only you may use your login, hence, you may not share your login details and/or account with other any third party. You can log in to your user account from the Website by using your log-in details or your Facebook credentials or as otherwise determined by us from time to time.
2.2. Upon registration, you need to provide relevant registration information such as your title, first name, last name, e-mail address and password, see section 10 below regarding our Personal Data Policy. It is important that the stated information at the time of registration is, and will remain, accurate and complete and that you make the proper updates and modifications to the registration information regularly.
2.3. The registration information is personal. You need to protect the registration information against unauthorised access and you are responsible for all use of your user account. In the event of any suspicion of unauthorized access to your user account or if your username or password has been lost or stolen, you shall immediately notify us and change your password as soon as possible.
3. Use of the Service
3.1. You are permitted to use the Service for the purposes set forth in section 1.1 above and in accordance with these User Terms only. You may not – and may not encourage, facilitate or cause any other person to – do any of the following:
(i) use the Service or parts thereof for a commercial or public purpose,
(ii) remove or alter, any copyright, trademark, or other intellectual property notices or marks, contained in or provided through the Service,
(iii) use any robot, spider, or other system, device or mechanism to access the Service which may disrupt or disable or destroy the Service or any content,
(iv) reverse engineer, decompile, disassemble, or determine any source code, algorithms or techniques of the Service or of related infrastructure,
(v) circumvent, modify, remove, upload or make available, alter or in any other manner manipulate any security, encryption, or other technology or software which is part of the Service or used in connection with the Service,
(vi) use any other person's username and password, or
(vii) use the Service for any other unlawful or unsuitable purpose.
3.2. The Service provides a limited storage space for you to, upload, provide, publish, create, display, distribute or otherwise make available (jointly hereinafter "post") content, including but not limited to, pictures, photos, data, videos, texts, comments and/or other material (hereinafter "User Content").
3.3. We assume no responsibility for the deletion or failure to store or the security of the User Content. We therefor recommend that you save your own copy of your User Content.
4. Responsibility for the User Content
4.1. We respect the rights of other persons' intellectual property rights and we expect you to do the same. Please note that you are responsible and liable for all your User Content. You represent that you have all the necessary right to post any of the User Content to the Service and that such User Content, or its use by us as contemplated by these User Terms, does not violate these User Terms, the intellectual property rights of other persons and/or applicable law. As an example you may not post User Content or otherwise engage in any activity in connection with the Service which;
(i) could infringe, jeopardize, encumber, limit, or interfere in any manner with our or our licensors' or other users' ownership and intellectual property rights,
(ii) may jeopardize or impair the usability of the Website, the Service and/or other users' accounts, including but not limited to, spam, viruses, Trojan horses, worms or malicious codes,
(iii) is offensive, abusive, obscene, disturbing, threatening, discriminatory or phonographic,
(iv) is deceptive, fraudulent, false or otherwise misleading, or
(v) interferes with the Service, tampers with or attempts to scan or test for vulnerabilities in the Service or our computer system or infrastructure.
4.2. We do not pre-screen, monitor, review or edit User Content. However, without prejudice to any other legal remedy available to us, we reserve the right to block or remove User Content without prior notice to you, included but not limited to, any User Content that in our opinion could violate these User Terms.
As long as we provide the Service, we will make reasonable efforts to keep it operational. However, you understand that your use of the Service is at your own choice and that the Service is provided "as is" and "as available" without warranty or guarantee of any kind. Without limitation the generality of the foregoing, we do not provide any warranty or guarantee regarding the availability, quality or function of the Service. In particular we do not warrant (i) that the Service will meet your requirements, (ii) that the use of the Service will be without disruptions, delay or imperfections, (iii) that information gained, through the Service will be correct and/or complete, (iv) that the result that may be obtained from using the Service will be accurate or reliable or (v) that your User Content will not be lost or damaged.
6. Third party content, sites, services etc.
6.1. The Website, including the Service, may display or contain, or make available content from several sources, including other users and third parties. We assume no responsibility or liability of such content from other users and/or third parties.
6.2. On the Website, including the Service, there may be links to other sites and services that are not under our control. We are not responsible for such sites or services or any interaction you may have with third parties through such sites or services. Your use thereof is at your own choice, and may be subject to separate terms and conditions.
7. Reservation of rights
7.1. All copyrights, domain names, trademarks, patents and other intellectual rights used or displayed at the Website, including the Service, are owned by us and our licensors. Further, any content (excluding your User Content), information, data and/or documentation made available to you by us in connection with or generated by the Service are the property of us and our licensors.
7.2. Other than the limited right to use the Service as expressly granted to you under these User Terms, we do not grant, whether by implication or otherwise, any right for you to use any of our or our licensors' intellectual property.
7.3. You retain ownership of all rights, including intellectual property rights, in and to your User Content. Only after obtaining your explicit consent, we may use the images of your User Content in marketing materials. The terms and conditions for such use will of course be available to you and subject to your approval prior to any such use.
You agree, at your sole expense, to fully indemnify, defend (upon our request) and hold us, our subsidiaries, employees, board members, agents, distributors, suppliers, dealers and licensors harmless for any losses, expenses (including but not limited to reasonable attorneys fees) or demand arising as a result of, or in conjunction with, your use of the Service, violations of the User Terms, legislation or third-party rights.
9. Limitation of liability
9.1. We are liable for damages which are due to intent or grossly negligent breach of our duty or intent or grossly negligent breach of duty of a legal representative or vicarious agent of ours, or which are caused by the lack of guaranteed product or service qualities.
9.2. If there is a violation of material contractual duties, we are liable, as long as it is not one of the cases as defined under section 9.1, to the damages typically foreseeable.
9.3. Any further liability for damages is excluded. In particular shall we not, under any circumstances, be liable for direct or indirect loss or consequential loss including, but not limited to, losses in the form of lost profits, corrupted or lost data, failure to receive data, business interruption or other business-related damage or losses caused by, or which can be related to the use of or inability to use the Service, irrespective of whether the claim is based on contract, warranty or tort liability (including negligence).
9.4. Nothing in these User Terms limits our liability under applicable legislation for fraud, damages from injury to life, limb or health or for damages from such injuries from a legal representative or vicarious agent of ours. Liability pursuant to the Danish Product Liability Act shall remain unaffected as well.
10. Personal Data Policy
We collect, process and use personal data in the scope and with the purposes set forth in our Personal Data Policy. The Personal Data Policy addresses how we collect personal data, how the personal data is used, stored and how it is shared.
11. Term and termination
11.1. These User Terms will become effective on the day for registration of your user account, and will continue to apply until the termination of your user account.
11.2. You have the right, at any time and for any and no reason, to terminate your user account, and thereby the use of the Service. Termination may, for example, be made directly on the Website.
11.3. We have the right, at any time and for any and no reason, to terminate your user account or suspend your access to your user account, and thereby the use of the Service with approbriate prior notice. The termination or suspension (as the case may be) will be notified to you in connection with the termination or suspension.
11.4. Without limiting the generality of section 11.3, we are entitled to terminate your user account, and thereby the use of the Service, without prior notice, if you;
(i) violate any terms or conditions set out in these User Terms,
(ii) do not consent to modifications or changes in these User Terms,
(iii) if you do not log in to your account for over a period of more than six months.
11.5. In the event of termination of your user account, either by you or us, the following sections in these User Terms will still apply: 3.3, 4.1, 6, 7, 8, 9, 12 and 13.
12.1. These User Terms together with The Personal Data Policy constitute the entire agreement between you and us and supersede and cancel any other eventual prior written or oral agreements, communications and other understandings related to the Service.
12.2. Any failure to enforce any provision of these User Terms will not constitute a waiver thereof or of any other provision hereof. You may not assign or delegate these User Terms or any of your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that we may assign or sub-contract any of our rights or obligations under these User Terms.
12.3. Should any provision of the User Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the User Terms, and the application of that provision shall be enforced to the extent permitted by law.
13. Governing law and jurisdiction
Unless otherwise required by mandatory law of a member state of the European Union or any other jurisdiction, Austrian law shall govern these User Terms without regard to choice or conflict of law principles. The exclusive legal venue for any dispute that might rise under these User Terms shall be Wels, Austria. However, as a consumer of a member state of EU you have the right to refer the matter to the District Court that has jurisdiction for your domicile.
Last updated: September 2019