This Agreement (hereinafter "TOUA") sets forth the terms and conditions under which GlobalCompanyCheck e.U. (hereinafter "GCC") provides to you (hereinafter "User") access to the GCC Information Service (the "Service" as defined below).
User represents and warrants that he has read this TOUA, and that this TOUA is a legal and binding Agreement between the User and GCC.
The latest version of this Agreement shall control the relationship between GCC and User.
- "Content" means all information, data, text, images and other elements of the Service, as well as the structure and organization of information of the Service.
- "Password" means the confidential code that the User must enter in conjunction with the UserID to access to the password-protected area of the Website.
- "Website" means the internet presence of GlobalCompanyCheck e.U., at www.globalcompanycheck.com or any other URL through which GCC may offer information and data in electronic format created or compiled by GCC.
- "Service" means the Information Service located and described at www.globalcompanycheck.com or any other URL through which GCC may offer information, data in electronic format created or compiled by GCC. The "Service" may be modified by GCC from time to time without notice. For a detailed description of the Service, Content and corresponding prices, see the latest version of the product overview and price list in the "Prices" and "Reports available" area of www.globalcompanycheck.com.
- "Subscription" means a pre-payment arrangement between the User and GCC concluded within the password-protected area of the Website ("My Wallet").
- "User" means any physical or corporate person using the GCC Website, the GCC Service or GCC Content in any way.
- "UserID" means the unique identifier used by User to enter the password-protected area of the Service.
The Website and Service shall be available to the User for orders 24 hours per day, 7 days per week. GCC does not guarantee uninterrupted access and permanent availability and reserves the right to close the system for maintenance and technical reasons.
In case of suspected misuse of the Service GCC reserves the right to deny User access to all or part of the Service at any time in its sole discretion. User agrees not to take steps to circumvent GCC's attempts to deny User such access. The Service is available only to Users, employees of Users or other authorized individuals and it is not available to minors (typically individuals younger than 18-years-old).
Use of the Service
GCC will provide to the User, and the User hereby accepts, a nonexclusive, nontransferable right to access and use the Service subject to the terms and conditions set forth in this TOUA.
GCC offers the following methods for obtaining the Service and products to User:
Order as guest
User can order the Service by providing all required data in the "Order as guest" area of the Website.GCC and User agree that the completion of the order by the User including acknowledgment of the terms and conditions set forth in this TOUA, the confirmation of the legitimate interest and the affirmation of the confirmed payment by the payment service provider create the contractual relationship between the User and GCC, which shall be governed by this TOUA.
Registration without Subscription
For several benefits User can register at the Website by entering a set of data. Each User can register only once, the email address can be used only once. The User can choose a Password according to GCC security rules. After the registration, an E-mail will be sent to the User and the User finishes the registration process by following a confirmation link. This Registration does not oblige the User to purchase any product or conclude a Subscription. However the User is entitled to order the Services from GCC under the terms and conditions as published on the Website and hereunder. The completion of the Registration by the User including acknowledgment of the terms and conditions set forth in this TOUA creates the contractual relationship between the User and GCC, which shall be governed by this TOUA.
Registration with Subscription
User can complete a Registration and in addition purchase a Subscription. GCC and User agree that the completion of the Subscription by the User TOUA, the confirmation of the legitimate interest and the affirmation of the confirmed payment by the payment service provider create the contractual relationship between the User and GCC, which shall be governed by this TOUA.
Performance of service, Special Terms and Payments
User understands that GCC may change the fees and charges for the Service at its sole discretion and without notice to User, provided that they are clearly posted on the Service Website.
In the event that, despite the exercise of reasonable endeavors performed by GCC and its partners, a subject of enquiry cannot be located or identified (a no-trace Order) the following special terms apply:
- Users placing the order in the "Order as guest" area remain liable for payment of the Charges in respect of those Services.
- For Registered Users a handling fee of 48 USD will apply to cover the costs of such orders. GCC will return the difference between the price of the Service and the handling fee by issuing a credit note within 60 days after Service performance.
GCC reserves the right to vary the Service and the products offered on the Website at any time. User should refer at any time to the Website to exactly determine the Products and Services available.
Performance of Service and Special Terms
For completion of the Service performance and order delivery the User acknowledges the following special terms:
User may cancel an order by E-mail to email@example.com within 24 hours of submitting that order. In accordance with this clause the User will no longer be entitled to cancel his order after the 24 hour period.
Completed orders will be provided by E-mail exclusively to the given E-mail address of the User. Registered Users will additionally be provided with access to the "My Account" area of the Website where reports are stored for 30 days after the order has been provided.
The Service is provided using the delivery time selected by the User during the Order Process. User acknowledges that the date of the order, weekends and days of public holidays in the country of the ordered subject are not included as working days in the calculation of the delivery due date. GCC will use its best endeavors to perform the Service within the Delivery Mode timescale, however there are a substantial number of factors which may affect the delivery time (many of which are outside the control of GCC), so that delays can occur. In no case does a delay justify a cancellation of the Service or a price reduction.
Unless otherwise agreed in writing, GCC will provide the Service against Credit card or direct debit payment.
Special Terms for Registered Users with Subscription
Subscriptions are available for Registered Users in the "My Wallet" area of the Website and are payable in advance. Payments must be made in full in order to make use of the benefits associated with the Subscription.
Subscriptions are valid from the confirmed payment by the payment provider for an unlimited period of time (no expiry of the Subscription).
The current Prices and charges for each Service and product ordered from a Subscription are the ones posted on the Service Website at the time of the order placement.
After the expiry of a 5 years period during which the User did not use any GCC Service, GCC is entitled to cancel a Subscription with 60 calendar days' notice period. Subscriptions which have not been re-opened by a new Subscription order or have not been fully used after the 60 calendar days' notice period will consequently lapse. A refund of the Subscription payment is not possible.
Warranty and Liability
GCC does not warrant the correctness and completeness of the Content of the products provided to User, or the availability of specific data. User agrees and understands that the Content provided is based upon subjective determination and is provided to the User for his use at his sole risk and liability.
GCC may be committed to work with subcontractors and third parties, in such cases provides the Service and Content which may in whole or in part represent expressions of advices or opinions based on data supplied by third parties where GCC will be unable to verify the accuracy of such information in each and every case and will therefore accept no liability for any errors and subsequent damages therein or omissions thereto.
GCC is not liable for any claims of a third party against a User arising out of or in connection with the use of GCC's products or Services by the User, distortions or omissions in the requested data, or delays in the data request process. GCC therefore does not accept liability for any damage arising from the completion or non-completion of a business transaction made on the basis of data transmitted by GCC. Any liability for indirect loss or consequential damage is totally excluded.
The limitations of liability stipulated in this provision shall only apply to the extent permitted by law and, in particular, shall not apply to personal injuries as well as damages or losses occurred by Users that were caused by a willful act or omission or by gross negligence.
All data, information, references, statements and opinions on businesses provided by the Service must be treated strictly confidential by the User, and are limited to the purpose expressly specified by the User with the order.
The User expressly declares his legal authority to receive the data transmitted. In particular, the User confirms his overriding, justifiable interest in the data as defined in the Regulation (EU) 2016/679 of the European Parliament. Furthermore, the User acknowledges that he may be required to make additional declarations if required by the country in which either the accessed business entity of interest or the User is located.
The User undertakes to follow the provisions of the data protection laws, in particular the GDPR, concerning data confidentiality and security. The User must take appropriate measures to protect and safeguard the data transmitted against unauthorized access by his employees or third parties. In particular, the User must ensure that employees to whom data is made accessible in connection with their work, keep the data strictly confidential. This also applies after termination of their employment. The User is liable to GCC for any damages and detriments which may incur as a result of an infringement of these data protection regulations.
Any disclosure to third parties, even partially, as well as the use of or any reference to the data in official or judicial procedures are expressly prohibited. Furthermore, there must be no mention of or reference to GCC. The User is liable to GCC for any damages and detriments incurred as a result of an infringement of the above-mentioned regulations by the User or by third parties to whom the User discloses data.
The User agrees to indemnify, defend and hold harmless GCC from any and all claims, damages, liabilities, costs, charges, and expenses, including attorneys' fees, arising out of any breach of this TOUA by the User, including any use of the Content which is not expressly authorized under this TOUA, including without limitation any violation of copyrights or trade secrets belonging to any third parties.
Use and access restrictions
User shall use the Service and the Content only for the purpose expressly specified by the User within the order, including credit risk analysis and decision-making. User shall not copy, reproduce in any form, license, sell, transfer, make available or otherwise distribute the Service, the Content or any part thereof to any entity or person, except that User may make electronic and/or paper copies of any Content specifically purchased by User from GCC provided that such copies are used solely for the purpose expressly specified by the User with the order. In no event shall User use the Service or Content for any purpose that competes with the business of GCC.
User agrees to immediately notify GCC of any unauthorized use, copying or distribution of the Service and of the Content of which User becomes aware, and User shall use best efforts to immediately stop all such unauthorized use.
The User may not use or attempt to use any Password for any unauthorized purpose. The User may not use a third party's Password, nor disclose User's own Password to third parties. The User is also responsible for any and all actions taken under the User's ID and Password. If GCC determines that the User has disclosed their Password to one or more third parties then GCC has the right to block the User's access.
Term and Termination
The term of this TOUA shall commence at the first use of the System or the Content, whichever comes first. It shall expire when superseded by a new written or electronic Agreement is made, including without limitation a revision or replacement of this TOUA entered into by User by each future use of the System or the Content, or when terminated by GCC. GCC may terminate this TOUA at any time at its sole discretion, with or without notice or obligation to User, except to refund any unused portion of the Subscription fees paid by User.
Except for GCC's obligation to make the Service available to User, all other terms of this Agreement shall survive its termination for a period of 5 years.
If any provision of this TOUA is deemed illegal or unenforceable, all other provisions shall remain in effect.
No failure of GCC to fully enforce its rights under this TOUA, nor any failure to enforce its rights at a particular time, shall be construed as an abandonment of those rights, nor limit GCC's ability to enforce those rights at a time of its choosing, to the extent GCC may choose. The appearance of forbearance with one or more Users, or a particular type of prohibited usage, shall not be construed as an abandonment of any rights by GCC with respect to User.
Applicable Law and Jurisdiction
GCC and User confirm that all disputes arising from this contract will be governed by Austrian law, with the exception of the reference norms of the International Private Law and the United Nations Convention on Contracts for the International Sale of Goods.
The place of performance and exclusive legal venue shall be Vienna, Austria.