// Terms of Use


1. Agreement

The following Terms of Use govern the use of Wer liefert was? GmbH (WLW) within the scope of the WLW services offered on its website.

Users agree to these Terms of Use by express declaration and/or implicitly as a result of using the website and confirm that they will use the WLW services subject to these Terms of Use. WLW reserves the right to modify these Terms of Use at any time.

2. Definitions

The meaning of the following within the scope of these Terms of Use is:

2.1
WLW: the company Wer liefert was? GmbH, Mariahilfer Strasse 32, 1070 Wien;

2.2
User: any natural person or legal entity that uses the WLW services offered by WLW on its website;

2.3
Advertiser: any provider of products and services that is listed in the WLW supplier search engine;

2.4
WLW services: the services offered by WLW include, in particular: the WLW supplier search engine, WLW “Send inquiry“, WLW “Send SMS“, WLW “Recommend company“, WLW “Correct company entry” , WLW “Enter new company“ and WLW “My suppliers“.

2.5
WLW supplier search engine: website function which allows users to look for advertisers or for the products and services they offer;

2.6
WLW “Send enquiry“: website function which allows users to inform advertisers about their definite interest in the advertiser’s services or products;

2.7
WLW “Send SMS“: website function which allows users to send the advertiser’s contact data found on the WLW supplier search engine by SMS to the users’ mobile phone;

2.8
WLW “Recommend company“: website function which allows users to pass on the advertiser’s contact data found on the WLW supplier search engine by e-mail to third parties known to the user either personally or through business.
2.9
WLW “Change company data”: website function which allows users to correct or amend advertisers' data found in the WLW supplier search engine.
2.10
WLW “Enter new company“: website function requiring registration, which allows authorized users to enter new advertisers.
2.11
WLW “My notepad“: website function requiring registration, with which users can save and manage online the advertiser data they have selected.
2.12
WLW “My profile“: website function requiring registration, with which users can manage their transmitted user data.
2.13
WLW “My suppliers“: website function requiring registration, containing WLW “My notepad“ and WLW “My profile“.
2.14
WLW “Feedback“: website function requiring registration, with which users can transmit WLW feedback and thus improve WLW services.
2.15
WLW Privacy Statement: Statement about the way in which WLW processes data and for what purpose and about the type of processed/stored data and its purpose. The WLW Privacy Statement can be called up on the WLW website at any time.


3. Extent of use

WLW allows the user non-binding use of the WLW services, this use can be revoked at any time. WLW assumes no obligations whatsoever in this respect vis-à-vis the user.

The user undertakes not to send any pornographic, politically extreme or religiously fanatical material or other content that violates prevailing law. Moreover, the user undertakes, particularly with the service WLW “Feedback“, to observe the rules of courtesy and netiquette.

The user undertakes further to use the WLW services exclusively in a lawful manner and on no account for sending unsolicited messages. The user is only entitled to use the services WLW “Send SMS“ and WLW “Recommend company“ for recipients who have given the user their consent to do so verifiably. The user is responsible for checking any possible recipient entries in the Robinson list and refrain from sending anything if applicable. The user may send neither messages for direct advertising nor bulk mailings.

While using WLW services the user untertakes to only change or amend advertisers' data when, acting with due care and diligence, there can be no reasonable doubt as to the veracity and propriety of the planned correction/amendment and the user is authorized to undertake such correction/amendment.

If users send data to WLW, advertisers or third parties, they are obligated as the senders to give their true identity and functioning e-mail address.

4. Warranty and Liability

WLW does not accept any responsibility or liability for the content, accuracy, completeness or data integrity of the data/information supplied by WLW nor for the availability or functionality of the WLW services. Any warranty claims and claims for damages are excluded insofar as legally admissible.

The user is liable, in accordance with the legal provisions and pursuant to these Terms of Use, for all acts performed and content sent using the WLW services. Should a claim be made on WLW as a result of the user acting illegally or violating these Terms of Use, the user agrees to indemnify and hold WLW completely harmless.

5. Consequences of misuse

Should users violate point 3 of these Terms of Use, they shall pay a contractual penalty of € 100.00 for each unsolicited communication/change of data and advertiser/recipient. Any claims of WLW exceeding those remain unaffected.

WLW is also entitled to refuse the user access to the WLW services at any time, to advise all WLW users and advertisers in an appropriate manner of the methods of the user and to inform the user’s Internet service provider of the user’s conduct and use its influence to have the user’s Internet access and web hosting accounts blocked.

6. Data protection

WLW stores and processes user data for the purpose of performing WLW services, offering other website functions and for statistical purposes. An overview of which data WLW stores and processes for what purpose and how is given in the WLW Privacy Statement, which can be called up on the WLW website.

Being aware of these Terms of Use the user agrees to the storage and processing of their personal data, particularly content, use and traffic data for the purpose of performing WLW services and other website functions (SiteCatalyst, Facebook plugin, UserVoice) and for statistical purposes.

WLW is entitled to pass this data (in particular name, e-mail address, IP, date, time and content of message) on to authorities, courts and third parties for the purposes of asserting legal rights in the event that the WLW services are used unlawfully or for something that may conflict with or contradict these Terms of Use.

WLW guarantees that the data will not be passed on to third parties outside the company for advertising purposes.

7. Final provisions

Substantive Austrian law, excluding the CISG and the conflict of law rules, shall apply exclusively to the use of the WLW services and to these Terms of Use.

Jurisdiction of the court competent for the City of Vienna as regards the subject matter is agreed upon.

Any amendments to these Terms of Use must be made in writing.

The invalidity of any individual provisions shall not otherwise affect the validity of these Terms of Use. A legally effective provision that achieves as similar effect as possible shall replace the invalid provision.

Wer liefert was? Ges.m.b.H.
Mariahilfer Straße 32
1070 Wien
Telefon: +43 (0)17431 528
Fax: +43 (0)17431 527
E-mail: info@wlw.at

Commercial register: FN 108453s Handelsgericht Wien
VAT No.: ATU14931305
DVR (Data Processing Register): 0581488
Managers: Peter F. Schmid
Member of the Austrian Federal Economic Chamber