General terms and conditions
GENERAL TERMS AND CONDITIONS FOR THE USE OF NOA
of hollu Systemhygiene GmbH
1. General Information
- NOA is a software platform from hollu Systemhygiene GmbH, which is used to structure and digitalise cleaning processes. NOA (hereinafter also referred to as: the SERVICE) is operated by hollu Systemhygiene GmbH.
- These General Terms and Conditions of Business (hereinafter referred to as the GTC) apply to the use of the SERVICE with all its content, functions and services (e.g. learning programmes), even if they are provided by third parties, as well as to all contracts concluded between the users of the Service (hereinafter referred to as the user) and hollu Systemhygiene GmbH within the framework of the use of the SERVICE.
- Possible misprints, obvious errors, spelling and calculation mistakes are not binding for us.
- To use the SERVICE, the user must register on NOA and create an account.
- When registering, the user must provide correct and complete information. If the user’s details change, he or she must notify hollu Systemhygiene GmbH of the change in his or her details via the SERVICE.
- hollu Systemhygiene GmbH is entitled to check the accuracy of the data stored at any time. In addition to other reasons for a suspension or termination of your authorisation to use the SERVICE, hollu Systemhygiene GmbH is entitled to block access temporarily or permanently and to exclude the user from using the SERVICE in any way if any of the information that the user provides is untrue, inaccurate, outdated or incomplete, or if hollu Systemhygiene GmbH has grounds to believe that such information is untrue, inaccurate, outdated or incomplete.
- Upon registration, the user enters into a contract with hollu Systemhygiene GmbH for the use of the service. This also applies if the registration was completed via the website of a partner of hollu Systemhygiene GmbH.
- Registration on NOA is free of charge.
- The registration is open to legal persons.
- Provided that hollu Systemhygiene GmbH discontinues the SERVICE, the account can be used for an unlimited period.
- A user may only create one account at a time. The user may not transfer his or her user account and all associated content and related rights, in particular rights to make available or authorise the use of works (e.g. training videos) to a third person.
- The user is obliged to treat the access data to his/her user account confidentially and may not pass them on to third parties. The user is liable to hollu Systemhygiene GmbH for any misuse of his/her account by third parties which is due to his/her – even if only minor – fault.
- By registering and setting up the account, the user can, for a separate payment, use the services available via the SERVICE, depending on availability (see also point 3.).
3. Services subject to charge
- The purchase of individual services on NOA is subject to a separate fee, of which users will be informed specifically. NOA will inform users of the amount of the fee in reasonable time before ordering the respective service. By clicking on the “select” button for the respective service, the user makes a binding offer to purchase the SERVICE to hollu Systemhygiene GmbH. The contract is concluded when hollu Systemhygiene GmbH informs the user about the acceptance of the offer or begins to fulfil the contract. For the right of withdrawal for consumers, see point 6. The warranty provisions of the General Terms and Conditions apply to all contracts.
- For licensing reasons, hollu Systemhygiene GmbH can restrict access to individual contents. Certain content can therefore only be used from the country that has been activated by hollu Systemhygiene GmbH.
Rights of use
- Both hollu Systemhygiene GmbH and third-party providers who provide content, functions and services (e.g. learning programs) on NOA, without exception, only grant users permission to use the work exclusively within the scope of utilising NOA. Use outside of the SERVICE is not permitted. The following permission for use of the content (e.g., texts, images, videos), functions and services offered on NOA is acquired:
- The user may use all content, functions and services (e.g., e-learning content) of the SERVICE, which are only accessible with his or her account (point 2.1), for the period of the contract (cf. e.g., points 2.4, 2.7 and 5.) exclusively within the scope of NOA and authentically.
- A separate agreement with hollu Systemhygiene GmbH or the respective third party provider is required for any desired types of use beyond this.
- The user acknowledges that the content, functions and services (e.g. learning programs) offered within the framework of the SERVICE may change without prior notice (e.g., if a third-party provider deletes his account and leaves NOA or hollu Systemhygiene GmbH changes its offer).
- A separate agreement with hollu Systemhygiene GmbH or the respective third party provider is required for any desired types of use beyond this.
- The user acknowledges that the content, functions and services (e.g. learning programmes) offered within the framework of the SERVICE may change without prior notice (e.g. if a third-party provider deletes his account and leaves NOA or hollu Systemhygiene GmbH changes its offer).
- Both hollu Systemhygiene GmbH and third-party providers who provide content, functions and services (e.g. learning programmes) on NOA only grant users the right to use the data taken via NOA exclusively in direct connection with NOA. It is strictly forbidden to transfer it to other applications, online services or the like via any interfaces or otherwise make it available to the public. In particular, the user may not combine data obtained from NOA of other users with different data in such a way as to create his/her own offers (e.g. apps) with an extended range of functions. All content provided to the user is legally protected, in particular by copyright and ancillary copyright.
- The user is only granted the non-exclusive, non-transferable, non-sublicensable and geographically limited right of use within the meaning of the above point 3.2.1 to utilize the contents for his/her own use within the scope of the contract, taking into account the other provisions of the contractual relationship. The permission to use the work is not transferable to third parties. Any utilization of the contents beyond the scope of use granted in each case can result in civil law claims for injunction, information and compensation for damages on the part of hollu Systemhygiene GmbH and the other respective holders of rights as well as criminal prosecution.
- In particular, the user is not entitled to edit, distribute or make the content publicly accessible in any way, to make it publicly available, to reproduce it publicly, to present it publicly or make it publicly perceptible or to exploit it in any other way – whether commercial or non-commercial.
- Third-party providers who offer content, functions and services (e.g. learning programs) on NOA grant hollu Systemhygiene GmbH the non-exclusive right to provide files in accordance with § 18a of the German Copyright Act (UrhG) by uploading (“Upload”) files from hollu Systemhygiene GmbH, insofar as this is necessary to grant the users the above-mentioned rights of use in accordance with point 3.2.1. Such third parties must register as users and create an account (see point 2.1 above).
- The right of use of hollu Systemhygiene GmbH expires on termination on the part of the third-party provider and the associated deletion of his/her account.
- Users who make content, functions and services (e.g. learning programs) available on NOA must comply with all laws and regulations. In particular, no content, including texts, images, graphics, films (videos) or links, or functions and services, may be posted or distributed that violate the rights of third parties, in particular that violate third-party property rights such as copyrights, or other legal regulations. Everyone is responsible for their own files and content posted on NOA. hollu Systemhygiene GmbH does not check the data made available for potential viruses or for its ability to be virus-processed, nor does it check the content made available for its legality or correctness.
- Before uploading any file, the user is obliged to ensure that he/she has the necessary rights of use for NOA in the relevant content (e.g., texts, pictures or videos), functions and services and that making them publicly available does not violate legal regulations, morality and/or the rights of third parties. In particular, it is forbidden to upload or make publicly accessible or communicate files with depictions of violence, pornographic, discriminatory, insulting, racist, defamatory or other illegal content or depictions. Furthermore, political advertising is prohibited.
- Photos, videos or images of people may only be uploaded to NOA upon the written consent of those people.
- hollu Systemhygiene GmbH is entitled to remove files and content posted on NOA without prior notice if and insofar as there are concrete indications that the publication on NOA violates legal regulations, public decency and/or the rights of third parties.
- Content, functions and services posted on NOA may not be copied, distributed or made publicly accessible in any other way without the consent of the copyright holder.
- It is prohibited to carry out or promote anti-competitive actions (e.g., offers according to the pyramid system).
- It is prohibited to imitate or copy the SERVICE or to carry out other attacks on the functionality of NOA, such as the mass sending of emails (SPAM), hacking attempts, brute force attacks, the use or sending of spy software or viruses.
- hollu Systemhygiene GmbH is entitled to remove illegal content, functions or services immediately and to exclude users acting illegally from using NOA.
- The prices (‘licence fees’) listed on the NOA for the service in question will apply. The prices are annual license fees excluding value added tax.
- The user can choose between different payment methods for the respective service during the order process. The payment process depends on the selected payment method.
- All receivables are due no later than 14 days after receipt of the invoice.
- The order confirmation can be retrieved on the Internet after the payment process and is sent to the user via e-mail.
- If devices are purchased by the user via NOA for rental or purchase from hollu Systemhygiene GmbH, then both the currently valid “Conditions of use for NOA devices” at https://www.noa.online/en and the currently valid “General conditions of sale and delivery for hollu entrepreneurs” at https://www.noa.online/en/gtc/ apply.
4. Technical requirements for streaming the films
- In order to use NOA, internet access which has the technical capacity to access electronic services and media, and an appropriate, up-to-date device including software (browser) are required. NOA recommends a broadband Internet connection (3 MB/s for standard resolution or higher).
5. Interruption of the SERVICE / termination of access to the SERVICE
- hollu Systemhygiene GmbH reserves the right to temporarily suspend the SERVICE at any time. The user acknowledges that it is not possible to keep the SERVICE available at all times and that interruptions of the SERVICE may occur for technical reasons (such as installing updates, maintenance, etc.). The temporary interruption or the partial or total discontinuation of the SERVICE does not give rise to any legal rights of any kind for the user.
- hollu Systemhygiene GmbH has the right to terminate all contracts with the user with three months’ notice to the end of the month without giving reasons and to delete the user’s account. No legal claims of any kind arise for the user due to such a termination. In particular, the user shall not be entitled to a refund of the fee or any part thereof if, at the time of the deletion of the user’s account, authorizations for the use of content are still pending.
- The user is entitled to delete his or her user account at any time.
- If the user violates this contract or the applicable law, hollu Systemhygiene GmbH is entitled to terminate access to the SERVICE with immediate effect without prior notice and without observing a period of notice and to immediately deactivate or delete the user account and all information and files on the account and/or block any further access to these files or the Service.
- Outstanding claims of hollu Systemhygiene GmbH remain unaffected by a deletion of the user account.
- The user acknowledges that hollu Systemhygiene GmbH is not liable to the user and third parties for the interruption or discontinuation of the SERVICE or the termination of the user’s access to the SERVICE.
6. Liability of hollu Systemhygiene GmbH
- With the exception of personal damage, hollu Systemhygiene GmbH is only liable for itself or its vicarious agents for intent or gross negligence. This limitation of liability applies to contractual and non-contractual claims. Liability on the basis of mandatory statutory regulations remains unaffected.
- hollu Systemhygiene GmbH cannot guarantee that access to the platform is possible at all times without interruption and without error.
- Notwithstanding point 5 of these General Terms and Conditions, hollu Systemhygiene GmbH is not liable to the user and third parties for the interruption or discontinuation of the SERVICE or for the termination of the user’s access to the service.
- The user is responsible for regularly updating the software and data backup used by him/her, as well as for his/her up-to-date virus protection and firewall systems.
- hollu Systemhygiene GmbH does not guarantee universal operability of the content made available with any device employed by the user. If the retrieved information is not accessible or incomplete, even using standard software, hollu Systemhygiene GmbH requests notification.
- The user shall exempt hollu Systemhygiene GmbH from all claims, in particular claims for compensation, which other users or other third parties, including authorities, assert against hollu Systemhygiene GmbH due to an infringement of their rights by the content, functions or services posted on NOA (see point 3.2 above). Furthermore, the user shall hold hollu Systemhygiene GmbH harmless from all claims, in particular claims for compensation, which other users or other third parties, including authorities, make against hollu Systemhygiene GmbH due to the infringement of their rights through the illegal use of NOA.
7. Data protection
- Data is processed in accordance with the conditions specified in the currently valid version of the data protection declaration for the use of NOA from hollu Systemhygiene GmbH.
8. Amendment of the GTC (General Terms and Conditions)
- hollu Systemhygiene GmbH reserves the right to change these GTC at any time. hollu Systemhygiene GmbH will inform users in advance of any changes to the GTC. If a user does not agree to the new General Terms and Conditions, further use of the SERVICE is no longer possible for the user, observing the three-month notice period to the end of the month. Point 5 of these GTC shall apply accordingly.
- The new GTC shall replace the old version and shall form the basis of all newly concluded contracts from the day of their announcement.
9. Place of performance and jurisdiction
- These General Terms and Conditions and all contracts concluded on the basis thereof shall be governed by Austrian law. The application of international conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction is Innsbruck in Austria, unless the applicable consumer protection provisions for consumer transactions provide otherwise.
10. Severability clause
- These General Terms and Conditions and all contracts concluded on the basis thereof may only be amended or supplemented in writing. Should a provision of the GTC be or become ineffective and/or incomplete, a legally valid provision that is closest in its economic effects shall replace the ineffective provision. Should individual provisions of these GTC not be in accordance with mandatory legal provisions, this shall not affect the remaining provisions of these GTC.
- To be effective, verbal agreements require written confirmation without exception.
Date of these terms and conditions: May 2020
hollu Systemhygiene GmbH, FN 356904i
hollu Campus 1
Tel.: 0043 800 52800 900
Fax: 0043 5238 / 52800-990