monzoom.com Terms and Conditions (last updated 01.04.2015)
1. Subject matter and scope:
1.1 The following general terms and conditions (GTC) in their current version are exclusively applicable to all present and future deliveries and other services provided by Gertscher Creactive Media e.U., Dovskyg. 5/3, 1130 Vienna, Austria (hereinafter “GC Media”) as part of its internet service provision at the domain monzoom.com and/or on the basis of orders provided for its members by telephone and/or in writing, even if the use or access takes place outside Austria.
1.2 The current version of these GTC can be downloaded and saved from here at any time. These GTC apply both to consumers in the sense of the Austrian Consumer Protection Act as well as to non-consumers (hereinafter “contractor”).
1.3 GC Media can transfer its rights and responsibilities under this contract to a third company, for example to a foreign subsidiary or an affiliated company (contract transfer). In the event that the contract is transferred, Members have the right to terminate the contract from the moment of contract transfer.
1.4 GC Media is entitled to amend and supplement these GTC with a reasonable period of notice. Notice will be provided solely by publication via email and on the internet on the pages of monzoom.com .
1.5 Other terms and conditions that deviate from those provided by GC Media are expressly excluded from the present legal transaction and all business relations with GC Media.
1.6 All offers by GC Media are non-binding.
2. Conclusion of contract
2.1 In order to be able to use the services provided by GC Media at monzoom.com, registration as a member and the associated creation of a free membership account at monzoom.com is required.
2.2 The Member is obliged to fully and accurately complete their personal details and other facts relevant to the contract that are requested as part of the registration process or during the term of the contract on the registration form and member profile. If the details provided should change after registration, the Member must amend the information in their membership account without delay.
2.3 During registration the Member sets a username and password for access to monzoom.com (hereinafter “access details”). User names that infringe the rights of third parties through their use, particularly rights relating to trademarks or names, are inadmissible. In addition, usernames that are unlawful or offend common decency are also inadmissible.
2.4 The Member must keep their access details secret and protected from access by unauthorised third parties. If the Member loses their access details, or knows or suspects that their access details have been used by a third party, they must inform GC Media immediately. GC Media accepts no liability for damages suffered as a result of access details being obtained by third parties.
2.5 By sending the details in their registration form, the Member provides GC Media with an offer to conclude a contract of use for the platform.
2.6 GC Media reserves the right to decline the Member’s registration without providing reasons.
2.7 Once GC Media accepts the Member’s offer of registration the Member receives a confirmation email with the registration details and an activation link. The contract of use for the platform www.monzoom.com between GC Media and the Member comes into effect upon receipt of this confirmation email.
2.8 GC Media reserves the right to block or delete membership accounts without providing reasons.
2.9 GC Media is entitled at any time to withdraw the web page monzoom.com, the services offered there or any part of them, without prior notification. In such circumstances the usage rights of the Member cease automatically.
3.1 On the online platform www.monzoom.com provided by GC Media it is possible to search for content, obtain licences for the available content and to download the content.
3.2 All services are subject to the end user licence which can be viewed and downloaded here
4. Right of withdrawal
The right of withdrawal for Members from the services of GC Media at monzoom.com is precluded, since digital content is not stored on a physical data storage device and GC Media begins service provision in fulfilment of the contract immediately on receipt of the Member’s confirmation.
5. Prices and terms of payment
5.1 The prices listed at monzoom.com at the time of ordering apply. The trading currency is US$.
5.2 Services remain the property of GC Media until full payment has been received.
5.3 The rights to the service in accordance with the end user licence are only transferred to the Member following full payment.
5.4 The Member is precluded from offsetting with a claim against GC Media unless the claim has been proven to be legally binding.
6.1 In order to redeem a coupon the coupon code must be entered into the relevant box during the ordering process. Discounts cannot be applied retrospectively to amounts that have already been charged. Only one coupon can be used per order, it is not possible to combine several coupons in a single order.
6.2 GC Media only deducts the coupon amount as long as and to the extent that this is given on the coupon. Once the term specified in the online coupon has expired the coupon can no longer be redeemed.
6.3 Coupons cannot be paid as cash. A transfer or resale of coupons is also not permissible. If the value of the coupon exceeds the total amount of an order the remainder of the coupon expires on the completion of the order.
7. Terms of delivery
Delays in delivery that are caused by statutory or regulatory provisions (e.g. import and export restrictions) or by technical faults and are not attributable to GC Media extend the delivery deadline in accordance with the duration of those obstructions.
8.1 GC Media provides no guarantee that the services are suitable for a particular purpose. In particular, GC Media does not guarantee that all the data files can be edited, stored on any given recording medium or converted into any kind of file format.
8.2 All pictures on monzoom.com are for illustrative purposes only, so may differ in terms of colour, shape and content from the object supplied.
8.3 Contractors should examine the delivery without delay and report any defects (sect. 377 Austrian Commercial Code [UGB]).
GC Media’s liability is excluded unless the damage was caused intentionally or by gross negligence. This does not apply to loss of life or damage to a person’s health.
10. Data protection
10.1 All data that the Member provides to GC Media will only be saved electronically and used by GC Media for processing the contractual relationship and for processing future contracts.
10.2 Any further usage can only be undertaken with the Member’s consent. This consent can be withdrawn at any time.
10.3 Billing data is automatically deleted after seven years as long as no binding legal provisions contradict this deletion.
10.4 In addition, the data protection provisions that can be accessed here also apply.
11. Data security
11.1 The Member undertakes to keep access details, passwords and all other data made available by GC Media at monzoom.com confidential. In the event of data loss, the Member undertakes to inform GC Media of the loss immediately.
11.2 The Member undertakes to refrain from any actions that could damage the functionality or operation of the services offered, or the hardware and software belonging to GC Media.
11.3 In particular, Members are not permitted to scan or test the weak points of GC Media’s system or network, to circumvent the safety systems or access systems of the services offered, or to introduce malware into GC Media’s system.
11.4 The contents accessible at monzoom.com together form a database protected by copyright. It is prohibited to wholly or partially structurally reproduce or edit this database without the consent of GC Media.
12. Jurisdiction and place of fulfilment
12.1 To the extent permissible, it is agreed that Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 It is agreed that the materially and locally competent court for Vienna Old Town (Innere Stadt) shall be the court of jurisdiction for the contractor.
The following apply to services performed by GC Media for the contractor:
13.1 Should individual provisions in these GTC be or become null, unenforceable and/or invalid then this does not mean that the nullity, unenforceability or invalidity applies to the whole GTC. The parties undertake to agree a regulation in place of the null, unenforceable and/or invalid provision that commercially comes closest to the intended purpose of the null, unenforceable and/or invalid regulation.
13.2 These GTC apply to all delivery and payment conditions, including for all late contracts and deliveries with the contractor, and even in the event that GC Media does not explicitly refer to these conditions during late deliveries.