This agreement applies as between you, the User of this Website and Augsight GmbH, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation:
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Service” means collectively any online facilities, tools, services or information that Augsight GmbH makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Augsight GmbH makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“Users” means any third party that accesses the Web Site and is not employed by Augsight GmbH and acting in the course of their employment; and
“Website” means the website that you are currently using www.augsight.de and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Augsight GmbH, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Augsight GmbH.
3. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Augsight GmbH or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
5. Links to This Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.augsight.de without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Augsight GmbH. To find out more please contact us by email at email@example.com
6. Use of Communications Facilities
When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
You must not use obscene or vulgar language;
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
You must not submit Content that is intended to promote or incite violence;
It is advised that submissions are made in English, French or German languages as we may delay or be unable to respond to enquiries submitted in any other languages;
You must not impersonate other people, particularly employees and representatives of Augsight GmbH or our affiliates; and
You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
You acknowledge that Augsight GmbH reserves the right to monitor any and all communications made to us or using our System.
You acknowledge that Augsight GmbH may retain copies of any and all communications made to us or using our System.
You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
In order to use the enquiry form and any other communication facility that may be added in the future on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:
Any information you submit is accurate and truthful; and
You will keep this information accurate and up-to-date.
If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
Augsight GmbH makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
No part of this Website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Website and product and / or service details are provided for information purposes only.
Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Augsight GmbH correspond to the actual products and / or services, Augsight GmbH is not responsible for any variations from these descriptions.
Augsight GmbH does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
All pricing information on the Website is correct at the time of going online. Augsight GmbH reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
Whilst Augsight GmbH uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
9. Availability of the Website and Modifications
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Augsight GmbH accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Augsight GmbH reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
10. Limitation of Liability
To the maximum extent permitted by law, Augsight GmbH accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
Nothing in these terms and conditions excludes or Augsight GmbH liability for death or personal injury resulting from any negligence or fraud on the part of Augsight GmbH.
In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
11. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
12. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
13. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Augsight GmbH.
All notices / communications shall be sent to us either by post to our Premises or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Augsight GmbH may from time to time send you information about our products and/or services. If you do not wish to receive such information, please “click on the ‘Unsubscribe’ link in any email which you receive from us.
LEGAL NOTICE: Any communications or messages sent by Augsight GmbH (whether by email, fax, post, courier or any other means) are intended solely for the individuals(s) or entity(s) to whom such message is addressed and is strictly private & confidential and legally privileged. If you are not the intended recipient, please notify the sender by reply and delete or destroy all messages immediately. Any form of unauthorised use of, reliance upon or disclosure of any communications is strictly prohibited and may be unlawful. There is nothing in any message from Augsight GmbH which amounts to a contractual or legal commitment on the part of Augsight GmbH or which constitutes direction or advice from Augsight GmbH unless specifically additionally agreed and expressed in duly signed hard copy documents. Any views expressed in any communication are purely those of the sender and do not necessarily reflect the opinions or position of Augsight GmbH. All communications are prepared honestly on the basis of information provided to, or believed by the sender to be, reliable, complete and accurate but does not make any warranty as to accuracy, completeness or reliability. All references in this legal notice refer also to the contents of any message and any and all files transmitted with it or referred to in it. All references in this legal notice to ` Augsight GmbH ` refer also to all or any entities related to or connected with that company in any way, whether formally, informally or by custom.
15. Law and Jurisdiction
These terms and conditions and the relationship between you and Augsight GmbH shall be governed by and construed in accordance with the Law Germany and Augsight GmbH and you agree to submit to the exclusive jurisdiction of the Courts of Germany.