Terms of Access to Website

THESE WEBSITE TERMS GOVERN YOUR ACCESS TO WWW.FLEXILERN.COM (the “WEBSITE”).

Stand 05/2016

Please read these Website Terms carefully.  By visiting the WEBSITE you indicate your acceptance of them

1. Access to the WEBSITE

1.1 We will allow you free personal access to the WEBSITE subject to these Website Terms

1.2 We may change these Website Terms without notice. You are advised to check regularly the Website Terms as they appear on the WEBSITE. Your continued use of the WEBSITE will constitute acceptance of any changes to the Website Terms

1.3 In return for the permission to access the WEBSITE you acknowledge and accept the Website Terms

2. WEBSITE content

2.1 We reserve the right to make any changes to the format and content of the WEBSITE without notice including (but not limited to) changes required for the WEBSITE to conform with any statutory requirement

2.2 We accept no liability for any third party content accessed either directly or indirectly using the WEBSITE whether by way of hyperlink, the use of frames or otherwise

2.2.1 In this clause 2.2 references to any “third party content” shall include (but shall not be limited to) any of the following:

  • content which is or includes any viruses, worms or trojans
  • any goods, services, advice or information offered
  • content which is not secure
  • content which breaks any relevant law
  • defamatory, obscene or racist content
  • any content injuring any third party intellectual property rights

2.2.2 You acknowledge and accept that the WEBSITE contains framing, hyperlinks to and content from third party websites over which we have no control

2.2.3 You will not harvest or copy the entire WEBSITE for offline reading, nor collect or harvest email addresses for the purpose of sending unsolicited email or selling to anyone

3. Access

3.1 Your access to the WEBSITE shall be solely at our discretion and we may terminate access at any time without notice to you. You accept that this is fair as the WEBSITE is provided to you free of charge

3.2 Without prejudice to clause 3.1 the WEBSITE may be temporarily unavailable owing to updating/maintenance work carried out on it or any failure by any internet service provider or the WEBSITE host to provide their services to us

3.3 The WEBSITE is not a secure environment and you are hereby notified and accept that to the fullest extent permitted by law no representation or warranty is given as to the confidentiality and/or integrity of any information transmitted to and from the WEBSITE

3.4 Notwithstanding clause 3.3 we will endeavour to keep safe and confidential your username and password for the WEBSITE. You must also keep these details safe and confidential.

3.5 We have a privacy policy that can be viewed on the WEBSITE. This privacy policy details various obligations that we owe to you and you should read this document carefully

4. Warranties and liability

4.1 We give no warranty as to the content (including but not limited to the accuracy, completeness and timeliness of any information) performance or availability of the WEBSITE. Any term, warranty or condition (whether express, implied or statutory) to the contrary is excluded to the fullest extent allowed in law and you acknowledge and accept that the content of the WEBSITE is provided on an “AS IS” basis

4.2 As we have no control over the content of any website which is linked to our WEBSITE whether through a hyperlink, frame or otherwise we advise you to operate anti-virus software when accessing the WEBSITE

4.3 We shall not be liable to you by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Website Terms for any loss or damage (including but not limited to indirect, special or consequential loss or damage (whether for loss of profit or otherwise)), costs, expenses or other claims for consequential compensation whatsoever (whether caused by our mere negligence or the mere negligence of our contributors or business agents or otherwise), which arise out of or in connection with your use of the WEBSITE

4.4 You accept that this clause 4 is reasonable as we have no control over the content of any website which is linked to our WEBSITE whether through a hyperlink, frame or otherwise and also with regard to the fact that access to the Website is provided free of charge

5. Use of the WEBSITE

5.1 You agree to use the WEBSITE in accordance with these Website Terms and any instructions and/or guidance issued by us from time to time

5.2 The WEBSITE is designed to comply with the laws of the Republic of Austria and before using the WEBSITE you are responsible for ensuring that you are complying with all applicable local laws in respect of both your use of the WEBSITE and your use of any third party website content linked or framed to the Website

6. General

6.1 No waiver by us of any breach of the Website Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision

6.2 These Website Terms shall govern your access to the WEBSITE to the exclusion of any other terms and conditions

6.3 If any provision of the Website Terms is held by any competent authority to be invalid or unenforceable in whole or in part but would be valid and enforceable if part of the wording were deleted the said provision shall be deemed to apply with such modifications as may be necessary to make it valid and enforceable and any such modification shall not affect the validity of the other provisions of these Website Terms and the remainder of the provision in question shall not be affected hereby

6.4 These Website Terms shall be governed by and interpreted in accordance with Austrian Law and the Parties submit to the exclusive jurisdiction of the Courts of Austria.

6.5 No other conditions or terms (whether contained in any document issued by you or in any written or oral communication between the Parties) shall apply to the Website Terms

6.6 We advise you to print off a copy of the Website Terms (from time to time) for reference purposes.

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