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Terms and Conditions

Effective as of May 25, 2018

 

Welcome to Terms and Conditions of our Website!

 

This Website is in the ownership of AVA Information Systems GmbH, the ID number of the company: Berlin-Charlottenburg, HRB 162079 B, with the company seat on the address Torstraße 149, Berlin (hereinafter: AVA).

This Website provides its visitors with important information about AVA – a company devoted to the safety of individuals, organizations, businesses, cities, and countries.

These Terms and Conditions, along with our Privacy Policy, constitute an Agreement that applies to you.

You become legally bound by such Agreement by accessing or using the Website located at https://ava.info/.

In case you disagree with anything from the following content, please stop using this Website immediately.

These Terms and Conditions apply only to the use of the AVA Website. The use of Platform is governed by the General Terms and Conditions and the AVA Platform Access Agreement and not by the Agreement.

Changes to these Terms & Conditions

AVA retains the right to make changes to the Terms & Conditions and Privacy Policy at any time.

 

Any changes shall enter into force upon being published on our Website. Therefore, please remember to check our Terms & Conditions and Privacy Policy periodically, given that the current version is legally binding on you.

 

If you continue to access and use our Website after any such changes are published, such actions will be interpreted as your acceptance of the changes.

Definitions

In these Terms & Conditions, as well as in our Privacy Policy, the listed terms will have the following meaning:

 

When we say…

We mean…

Agreement

The agreement which applies to you constituted of these Terms & Conditions, Privacy Policy and Cookie Policy.

Cookie Policy

Policy available on our Website, an integral part of our Privacy Policy and Terms & Conditions, which explains what cookies are, how to control them and which of them we use.

General Terms and Conditions

The terms that govern the use of the Platform together with the AVA Platform Access Agreement.

Privacy Policy

Policy available on our Website, which explains how we collect, share, and use your personal data, as well as how you can exercise the rights you have as a data subject; we update our Privacy Policy from time to time.

Platform

AVA’s safety data platform which allows the access to the online dashboard through which the Service is provided by AVA to Client and its Authorized Users.

 

Terms & Conditions

These Terms & Conditions (excluding the terms applicable to the Platform (as defined above)), which we may update from time to time.

Third-Party Websites

All the websites referred to or accessed through our Website, which are owned by other legal or natural persons; external Websites.

Website

Our website located at https://ava.info/, which is in the ownership by AVA.

User”, “You” or “your

Any person who has access or uses our Website. If the Website is being used on behalf of an entity, by an individual authorized to agree to such terms on behalf of such entity, then “User” refers to such entity.

We”, “us”, “our” or “AVA

AVA Information Systems GmbH, the ID number of the company: Berlin-Charlottenburg, HRB 162079 B, with the company seat on the address Torstraße 149, Berlin.

Third-party Websites

Sometimes, our Website may contain links redirecting you to Third-Party Websites, which may have their own terms & conditions and their own privacy policies, differing significantly from the ones applicable to our Website. We have no control over such websites and shall not carry any responsibility neither for the availability of those websites nor for the terms & conditions and privacy policies applying to their visitors and users.

 

AVA does not carry responsibility for any information originating from another service provider which is accessed through the link on our Website.

 

Additionally, placing links to Third-Party Websites on our Website does not in any way imply that AVA recommends or approves services or products offered through such websites.

Intellectual Property

The Website and its content in a whole are protected by Intellectual Property Rights unless we declare otherwise in our Terms & Conditions or Privacy Policy. Therefore, it is not permitted to copy or download the materials in part or in whole from our Website, without the previous written consent by AVA.

 

Additionally, AVA reserves all Intellectual Property Rights which are not expressly granted in Terms & Conditions and Privacy Policy.

 

Any unauthorized use of any of the materials at our Website and/or any part of it without the permission of AVA shall be deemed an infringement of Intellectual Property Rights. In such a case, we shall take all legal remedies to protect our Intellectual Property Rights immediately upon the knowledge of any unauthorized use.

Protection of our name and logo

AVA is the sole owner of the AVA Information Systems logo and reserves the right to prohibit the use of it by third parties.

 

It is not permitted to use our name, logo, or trade names without our prior written consent, except if such use is explicitly allowed by our Terms & Conditions and Privacy Policy.

Website modifications

AVA reserves the right to update Website from time to time and make changes in accordance with our legitimate and business interests. We may change the content, discontinue, or withdraw any part of our Website at any time. As a result, there may be times when our Website is unavailable for use.

 

If you are using our Website, you are cautioned to review the Terms and Conditions posted on the Website periodically. Any changes shall enter into force upon being published on the Website. Your continued access or use of the Website after any such changes are posted will constitute your acceptance of these changes.

Force majeure

In case that any unpredictable event or circumstance beyond the reasonable control prevents any of the parties from complying with any of their obligations, neither party will be held liable for such a breach of Terms & Conditions.

 

Such events include, but are not limited to: a force of nature, war, civil unrest, an act of a legislative or executive authority, an act of terror, strike, internet failure, or any other circumstance qualifying as force majeure under the applicable law — to the extent that the respective circumstance prevented or hindered the Party’s performance.

Disclaimer

We attempt to ensure that all the Information provided on the Website is correct at the time of publication. However, all the information on our Website and other content included or otherwise made available to you through our Website (hereinafter: “Information”) are provided by AVA on an “as is” and “as available” basis and are for informational purposes only. Therefore, such information should not be relied upon and AVA does not accept the liability for any errors, omissions, inaccuracy, or any damages arising from the use of the Information or the links available on the Website.

 

We do not guarantee that the Website or any of the Information will be uninterrupted or error-free or that any existing irregularities will be rectified.

 

In case you need advice or services on a specific matter, you may contact us directly via the Contact page.

Severability

In case that any provision of Agreement is found by the competent court to be invalid or unenforceable, that shall not affect the validity of the remaining provisions of Agreement, which shall remain in full force and effect.

 

In case that any part of this Agreement breaches any applicable legal provisions and proves to be void as a result thereof, that part shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended in order to comply with the law. The extend of such amendments shall be limited to the minimum which is necessary to make the agreement valid and shall retain as much of its original meaning as possible.

Applicable Law & Dispute Resolution

This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed, and enforced in accordance with the Laws of the Federal Republic of Germany, without regard to its conflict of laws rules.

 

Mindful of the high cost of any form of dispute resolution, you and AVA agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and AVA (hereinafter: Dispute), the Party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other Party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving Party 30 days in which to respond to or settle the Dispute.

 

Notice shall be sent:

  • if to AVA at: Torstraße 149, Berlin, Germany
  • if to you at: your last-used address or email address or the address of the registered seat of the company (if the User is legal entity).

 

Both you and AVA agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any dispute resolution or filing any claim against the other Party.

 

Failing to resolve dispute as described in previous paragraphs of this Section, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be finally settled by the competent court in Germany.

 

This dispute resolution provision shall survive termination of the Agreement.

Get in touch

Should you wish to find out more about our Website, please contact us via the Contact page on our Website.