Compendium terms of use
1. Preamble
Finstral AG, with registered office in 39054 Ritten (BZ), Unterinn, GastererWeg 1, Italian registration, tax and VAT no. 00122260219 (hereinafter called“Finstral”), undertakes to provide you (hereinafter called “User”), after youronline registration on its online platform (hereinafter called “Compendium”)with information on its products. This shall be exclusively governed by thefollowing terms and conditions.
2. Registration
User undertakes to provide the information requested during registrationtruthfully and confirms through his/her registration that he/she is not aconsumer. User shall immediately notify Finstral of any changes in his/herown data, among other things to permit their proper and timely entry.After registration, Finstral shall provide User with a time-limited URL link togrant User access to the Compendium and which User is not entitledto pass on to any third party. User shall be liable to Finstral for allconsequences arising from any disclosure/loss of the URL link.
3. Rights of User
Finstral hereby grants User a non-exclusive, free-of-charge right, subject torevocation at any time, to use all or part of the content provided in theCompendium for the preparation and/or implementation of offers and/orprojects for third parties, provided these entail use of those Finstral productsfeaturing in User’s offers/designs/production information (e.g. the use ofbuilding connection drawings to implement projects involving the installationof non-Finstral products is not permissible) and are for implementation in Europe (excluding Russia).
User shall not be permitted to save or store the content provided in theCompendium, in whatever form, beyond the technically necessary and usualscope.
4. Ownership and copyright
The Compendium as such and the content provided therein are the exclusiveproperty of Finstral and are also covered by copyright.The Compendium as such and the content provided therein shall not be passedon to any third party without Finstral’s prior written consent. This prohibitionshall unrestrictedly apply to system and building connection drawings as wellas installation guides. At the same time, written permission is hereby grantedfor the passing on of content provided in the Compendium that is submittedin conjunction with User’s offers and/or projects (or parts of projects, e.g.simple renderings).Neither the Compendium as such nor the content provided therein shall bemodified in any way, also after downloading or in the course of its use byUser. Translation, reverse engineering, decompilation/disassembly or linkingwith other software and/or other data/databases are, for example, prohibited.
5. User’s duty of cooperation
User shall on his/her own initiative ensure that all necessary data protectionauthorisations have been obtained prior to the entry of data in theCompendium and shall in all respects indemnify and hold harmless Finstral.User likewise undertakes to use the Compendium as such and the contentprovided therein solely for their intended purpose, with due regard for theapplicable statutory provisions and, under all circumstances, in a way that isnot detrimental to Finstral, and shall otherwise indemnify and hold harmlessFinstral.In case of any defects, User shall immediately take all measures, within areasonable scope, that are required to identify, narrow down and documentthe defects, shall submit a defect report to Finstral within 8 days – after whichtime all relevant claims will be forfeited – and shall make available to Finstralany affected input and output data or other documents suitable for illustratingthe defect.User shall be obliged to adequately protect his/her own IT and data linesagainst viruses, third-party access and security gaps
6. Possible further development
Finstral shall be free, at its own discretion, to refine, expand or also limit theCompendium as such and the content provided therein during the course ofthe contract period.
7. Warranty for defects
Given the present state of the art, it is not possible to develop software that iscompletely error-free.The warranty period shall last for three months after registration.Should defects arise within the warranty period that significantly affect theoperability and/or functionality of the Compendium, then Finstral shall beobliged to remedy these within a reasonable period, insofar as this is feasiblegiven the state of the art and can be reasonably expected, in that it does notinvolve a disproportionately high effort. The period shall commence at thetime when User provides Finstral with the data and information necessary forrectifying the error.
No warranty is given beyond this, in particular in relation to claims for theimplementation or maintenance of specific software functions.
8. Limitations of liability
Finstral shall, in all cases, only be liable in the event of gross negligence orintent.
Finstral shall not be liable for any failure to provide for use of and/or accessto the Compendium at all times.
Finstral shall be liable neither for any content provided in the Compendiumnor for any output data and/or their further utilisation, nor for anyconsequential damage arising from use of the Compendium or the contentprovided therein.
In the event of discrepancies between the content provided in theCompendium and product versions, prices, terms of delivery or otherbusiness-relevant information otherwise communicated by Finstral, alsowithin the meaning of the General Terms and Conditions, then the otherwisecommunicated information shall take precedence over the content providedin the Compendium.
Finstral shall likewise bear no liability in case of force majeure or chanceevents, e.g. epidemics or pandemics, natural catastrophes, wars, insurrectionsand acts of sovereignty or interventions by the authorities, albeit withoutprejudice to the obligation to promptly inform User of the nature of the forcemajeure or chance events.
9. No substitute for counselling
All content provided in the Compendium is intended for generalinformational purposes only and not for advice on specific projects or issues.
Accordingly, the information provided in the Compendium does notconstitute and is no substitute for counselling. Nor does it provide groundsfor construing any liability on the part of Finstral.
10. Non-binding nature, no purchase offer
The content provided in the Compendium is in all cases non-binding andsubject, for example, to errors and technical refinements.
The featured information does not constitute a product or purchase offer.
11. Termination of Agreement
In the event of a breach of even one of the conditions under 2, 3, 4 and/or 5,User's authorisation shall automatically expire and, in such cases, User shallbe obliged to immediately destroy all Compendium content that is availableto him/her.
Finstral may also, within the meaning of Art. 1456 of the Italian Civil Code,declare the Agreement void by blocking User's access to the Compendiumand/or cancelling his/her registration.
12. Applicable law and jurisdiction
This Agreement shall be governed by Italian law under the exclusion ofconflict-of-law rules.
The exclusive place of jurisdiction shall be Bozen.
Within the meaning of and in accordance with Art. 1341 Para 2 of the ItalianCivil Code, User expressly declares his/her acceptance of the followinghat formatiert:points, where applicable:
2and hereby, for example, authorisation to suspend execution
4and hereby, for example, restriction of contractual freedom in relations withthird parties
5and hereby, for example, forfeitures
7and hereby, for example, forfeitures
8and hereby, for example, limitations of liability
11and hereby, for example, the right to withdraw from the Agreement
12and hereby, for example, changes in the jurisdiction of courts
