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General Terms and Conditions

1. General

We the CorGro GmbH (Am Arlandgrund 11/13, 8045 Graz, Austria) are happy to see that you are interested in our products and in our company. Epu-check is a product of the CorGro GmbH (see legal details under www.epu-check.at/de/impressum). To be able to use our products we need you to read our General Terms and Conditions carefully.

You need to accept these General Terms and Conditions to be able to register and to use all products and services on epu-check (CorGro GmbH). This General Terms and Conditions is valid for all access (including the (Sub)Domains or mobile apps) to epu-check (CorGro GmbH). The epu-check online services are possible to reach through the following domains: www.epu-check.at und www.epu-check.com .

This General Terms and Conditions (Current version: October 2015) shall also apply without further express agreement to all future business with the customer.
Changes and additions of the General Terms and Conditions as well as any verbal agreements, which differ from the contect of this General Terms and Conditions are effective only with a written confirmation from CorGro GmbH. CorGro contradicts expicitly any general terms and purchase conditions of the user. Terms and conditions provided by the user that is deviate from the General Terms and Conditions herein are not valid unless expicitly agreed in writing.

Contract language is German. Any other information, customer service and complaint handling will be offered in German language.

2. Scope of Services

Epu-check is an online platform for entrepreneurs and small businesses. One part of the platform is a self-assessment-tool. With filling out the self-assessment-tool the entrepreneur (or small business owner) will get an analysis about his/her business growth barriers. The analysis includes a graph and a description/explanation of the growth barriers. Furthermore, the user/buyer is able to contact other entrepreneurs or small businesses on the platform and interexchange experiences, ideas etc.

Epu-check platform contains:

  • Self-Assessment-Tool FREE Version
  • Self-Assessment-Tool Advanced Version (Part of the epu-check PREMIUM membership. For epu-check PREMIUM payment is necessary)
  • Entrepreneur can contact other entrepreneur (Part of the epu-check PREMIUM membership. For epu-check PREMIUM payment is necessary)
  • Contect e.g. texts, photos, videos regarding epu-check, business growth, etc.
  • Blog: presentation of the company, product news, information about business growth, tips regarding business growth
  • Further content:
    • About us: description about the co-workers, How the idea was born
    • Contact and Support
    • What is epu-check: description about the platform and video
    • How it works: description how the platform works, description of the packages and prices
    • Pricing: membership and price explanation
    • Legal Details
    • General Terms and Conditions
    • Privacy Policy

3. Contractual Object and Conclusion of Contract

To be able to use the platform (epu-check FREE and epu-check PREMIUM) you need  to make a registration. Epu-check offers two possibilities for registration:

  1. „Epu-check FREE membership" where the user can fill out only the FREE version (1 area) of the self-assessment.
  2. „Epu-check PREMIUM membership“ where the user can use all the services and offers on the platform (Advanced-Self-Assessment - 13 areas and Networking)

Persons who have not attained the age of eighteen years as well as persons who are not legally competent (for example under supervision) are excluded from the use of epu-check. You agree that you use the service solely in the capacity as an entrepreneur.

If you register for epu-check FREE and epu-check PREMIUM (a product from CorGro GmbH) on behalf of a business, an organisation or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organizatiion, or entity to these General Terms and Conditions.

With the registration you confirm your unconditional and complete knowledge and the unlimited agreement of this Generals Terms and Conditions.

For the registration you shall provide following details requested by the registration form completely and correctly, unless such details are marked as voluntary:

  • Registration for epu-check FREE: e-mail address, country, zip code including creating a password and accepting the General Terms and Conditions
  • Registration for epu-check PREMIUM: first name, last name, company name, company address with street, street number, zip code, city, e-mail address, line of business, VAT number (optional) including creating a password and accepting the General Terms and Conditions

Registration is only possible by using your civil name and/or company name, i.e., the use of phantasy names or pseudonyms is not possible.

Following successful registration, you can log on the epu-check.com or epu-check.at platform by entering your email address and the chosen password.

The user shall ensure in case of a registration that all data requested during the registration process are correct and – where required – to update this. With the transfer these data the user explicitly agrees – revocable at any time – to be provided with electronic mail as mass mail and/or for information/advertising purposes.

If the registration process is not completed, e.g. as a result of missing personal details or lack of consent to General Terms and Conditions, epu-check will delete the corresponding account within a period of seven days.

Epu-check  (CorGro GmbH) reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted immediately.

Epu-check (CorGro GmbH) is not responsible for the actual identify of the user/company, since personal or business identification via the internet is possible only to a limited extent. Every user has to therefore convince themselves as to the identity of another user before he/she enters into any kind of interaction with him/her like for example sending a message.

You are responsible to protect your registration information from unauthorized third-party use and from fraudulent, abusive or unlawful use. You agree to notify epu-check immediately of any unauthorized use of your account or password, or any other breach of security per e-mail. The user is obliged to notify immediately epu-check about changes of his registration data. In the event this notification is not given, declarations shall then also count as delivered if they are sent to the last notified address.

You must not use the web site for any of the following: to threaten, harass, jeopardise or present yourself as another person.

You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.  Profiles with such content will be removed and the user blocked. By the temporary ban the contract period shall remain unaffected.

You must not upload, post, email, transmit, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. Furthermore you must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate links” or any other form of solicitation.

You must not use the platform for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content. You must not share use of your account with any other person.

Epu-check (CorGro GmbH) will not refund any amounts paid by you to epu-check.com or epu-check.at except you report and evidence an unauthorized or fraudulent use of your account.

Epu-check has the right to close or cancel the account or any registered user in the event of any unauthorized or fraudulent use of the account.

Epu-check may offer you promotions and free offers, which may not be transferred between users.

The user obligates himself not to take measures which could endanger the functionality or the operation of the service as well as the hardware and software. In particular, the user is prohibited from the following actions: to probe, scan or test the vulnerability of the system or network; to breach security or authentication measures without proper authorization; or to integrate malware in the system of epu-check (CorGro GmbH).

The user is responsible at his own expense and his own risk for his own infrastructure. In particular, the user is responsible for the availability oft he necessary connections (data line connections). Epu-check (CorGro GmbH) assumes no responsibility for the infrastructure of the user. Furthermore, the user must ensure himself that his infrastructure is suitable to use the service from Epu-check (CorGro GmbH).

4. Special Terms and Conditions for PREMIUM Members

a. Costs and Agreements/Approvals

To be able to use the epu-check PREMIUM service that includes the advanced self-assessment and the possibility to connect with other epu-check members you need to be registered. If you are already registered for the epu-check FREE  service you need to complete your registration with the following information: first name, last name, company name, company address with street, street number, city, line of business, VAT number (optional),) and pay for the epu-check PREMIUM package by credit card, or any other form of payment accepted by epu-check (CorGro GmbH).

If you are not registered for the epu-check FREE service you must register with your e-mail address, Country, Zip code, create a password and accept our General Terms and Conditions before you can execute the epu-check PREMIUM subscription. Details about the difference between epu-check FREE and epu-check PREMIUM and about applicable fees for the epu-check PREMIUM service are on http://www.epu-check.com/en/how-it-works#pricing 

Our prices are subject to change at epu-check`s discretion at any time. Any price changes will be announced on the epu-check platform.

With the subscription to epu-check PREMIUM you agree to the following:

  • Epu-check (CorGro GmbH) is allowed to suggest you to connect for other members of epu-check on the epu-check platform
  • Epu-check (CorGro GmbH) is allowed to show the following information given by you during the registration or later on the epu-check platform:
    • Photo (photos will be showed only if you upload a photo to your account on epu-check.at or epu-check.com)
    • your first name,
    • your profession (line of business),
    • the business area where you had great results in the FREE and ADVANCED self-assessment
    • and your city.
  • other members are allowed to contact you (send you an instant message) on the epu-check platform
  • epu-check can send you an email and inform you if somebody wrote you a message on the epu-check platform.

b. Payment

Payment is made in advance for the epu-check PREMIUM membership. Once you signed up and paid for the PREMIUM service the validity of the PREMIUM package will be associated with your account. The epu-check PREMIUM service has a validity of 90 days.

Payments for the epu-check PREMIUM membership is due immediately upon invoicing. Payment can be made using different online payment systems (Paypal, Credit Card). If epu-check (CorGro GmbH) is unable to collect the fee from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. Epu-check may deliver invoices and payment reminders to the user by e-mail.

c. Expiration of the Membership and Cancellation

Epu-check don´t have automatic renewal. When your subscription period of 90 days expires we won´t charge you again. If you want to extend your membership you need to purchase the epu-check PREMIUM package again.

Each user shall have the right to terminate the subscription and the use of epu-check online platform at any time via its account settings (My Profile). Epu-check shall confirm such termination to the user. Epu-check (CorGro GmbH) will not refund previously paid amounts.

5. Termination and Exclusion

You have the right to terminate the use of the offers on the epu-check platform (CorGro GmbH) anytime via your account settings (“My Profile”). Epu-check (CorGro GmbH) shall confirm such termination for you.

Epu-check reserves the right to terminate a user`s membership for important reasons, such as due to gross breaches of the user`s obligations.

All the personal details provided by you upon registration shall be deactivated. Upon your request, all saved personal details shall be irrevocably deleted. You shall request such deletion by email sent to office@epu-check.at which shall include the email address provided to epu-check upon registration.

6. Content and epu-check`s (CorGro GmbH) Intellectual Property

All texts, graphics, documents, press releases, visual interfaces, photographs, trademarks, logos, sound, music, artwork, downloads, videos, tools, software, content and computer code including but not limited to the design on epu-check.com or epu-chek.at, patents, trade secrets and all other intellectual property and proprietary rights is protected by copyright. Any unauthorized use of the feedback materials may violate laws and the General Terms and Conditions.

Epu-check (CorGro GmbH) gives you the right to use the offered services in accordance with applicable laws and regulations of these Generals Terms and Conditions furthermore to save your test results and share it with other users.

You agree that as a result of the automatic evaluation about the way how you use the platform you may be exposed to tailored offers and/or marketing messages.

You agree that marketing measures may also be taken in the proximity of content created by you.

Epu-check (CorGro GmbH)  has the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to comply with statutory law, or court or administrative orders, ensure compliance with these General Terms and Conditions, react to claims of breaches of law raised by third parties or safeguard the rights, property or personal safety of epu-check, its users and the general public.

The user gives epu-check (CorGro GmbH) the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by each user. Accordingly, epu-check has the right to use, irrespective of the type of usage, all content both as part of the epu-check platform and any other activity of epu-check or any company affiliated with epu-check (CorGro GmbH). This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that epu-check uses content created by a user outside the epu-check platform. Epu-check shall note that such content was created by the user.

Epu-check (CorGro GmbH) does not claim ownership of any content created by users and will not supervise such content.

Epu-check is not responsible for inaccurate content created by users.

7. Warranty and Liability

Epu-check (CorGro GmbH) makes available the service to the user and does not make any guarantee or warranty obligation for availability, accessibility, range of functions and accuracy of the service.

Epu-check (CorGro GmbH) does not warrant, that the transmission of data via other systems, especially the internet and telecomunnication networks is not tracked, recorded or distorted by third parties.

Epu-check is basically 24 hours a day available. Due to maintenance or interruption of communication networks by third parties it may happen that the access is temporarily not possible. Therefore, epu-check (CorGro GmbH) assumes no guarantee for constant and uninterrupted availability. A liability shall be excluded for damages that occurs due to such technical defects to users or third parties. Epu-check (CorGro GmbH) is especially not liable for force majeure or technical problems that fall under the responsibility of third parties. Epu-check (CorGro GmbH) is entitled at any time to interrupt or stop the service due to internal or external reasons and any liability is explicitly excluded for any cost, damage or loss that may possibly be caused thereby.

The user uses the epu-check platform exclusively at its own risk. This applies, without limitation to the related use of any hardware, including the respective smartphone or tablets. The user acknowledges that any data or content of epu-check may contain errors, and epu-check does not to the extent permitted by law assume any responsibility for the correctness of such data.

Furthermore, epu-check (CorGro GmbH) provides no guarantee for external links, banner or other information and promotion offers which can be placed for the user. Legal transactions between the user and a third-party provider lead to contractual relations exclusively between the user and the third-party provider. Epu-check (CorGro GmbH) provides no  guarantee for services from third-party providers.

Epu-check (CorGro GmbH) shall be liable under statutory regulations, irrespective of their legal grounds, (pre-contractual, contractual or non-contractual) only, if the loss was caused by gross negligence or with intent.

Claims for damages of the user is limited to the amount the user paid to use the epu-check service. Epu-check (CorGro GmbH) shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, business reputation, any loss of data, any cost of procurement of substitute goods or services, any other intangible losses or damages resulting from claims of third parties.

Epu-check (CorGro GmbH) shall not be liable to businesses for not achieving a business growth.

Epu-check (CorGro GmbH) shall not be liable that the services provided are suitable for a specific purpose.

Unless required by statutory law, neither epu-check (CorGro GmbH) nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform. This also applies to damages resulting from errors, problems, viruses or loss of data.

Epu-check (CorGro GmbH) assumes no liability for downloaded material or material obtained as a consequence of using the epu-check platform. The user is solely responsible for any damages accused by such materials to his computer system or for information that is lost as a consequence of downloading materials from epu-check platform.

You are exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. You acknowledge and accept that epu-check (CorGro GmbH) will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

8. Data Security

Epu-check (CorGro GmbH) ensures during survey, processing and use of personal data to observe the provisions of the data protection law. Data, requested during the registration process, will be treated confidentially and will not be passed on to third parties.

With the registration you agree to automatic data processing and further processing. You explicitly consent to the publication of your anonymized profile data via other media or mobile devices (for example mobile phone), e.g. via UMTS, SMS, GPRS. You agree that the payment of the chargeable service can be processed via a third party service provider (e.g. E-Payment-Provider).

Every user has the right to obtain on request information about the personal data saved about him as per § 26 DSG. If the user requests information, the information will be provided within 8 weeks after receiving the request or be reasoned in writing why the informaton is not supplied or is supplied in incomplete form. The information will be supplied free of charge, if it relates to an actual database of the use of data and if the user did not requested the same information in the current year. In all other cases a compounded cost reimbursement of EUR 18,89 may be required.

The user expressly consents and abstains from demands of claims arising from, for example the violation of data security, that the data entered by the user were saved and provided to government agencies (police, courts, authorities,  Association against Unfair Competition or other entities and members of the public having legal standing as per § 14 UGB and the Austrian Advertising Council), which performs the examination of material/content which were distributed by the user via www.2herzen.eu or which refers to unlawful activity performed by the user. Furthermore the user also agrees to the disclosure of his data/information with third parties, whose rights have been violated by the user through dissemination of content or illegal activities placed by the user on www.2herzen.eu, or a comprehensibly assert of violation. This applies in particular for handing data over to third parties by means of a request of information as per § 18 Sec 4 ECG.

9. Changes to the General Terms and Conditions

Epu-check (CorGro GmbH) reserves the right to amend these General Terms and Conditions from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time the then-current version of these General Terms and Conditions is available for viewing on the epu-check platform.

Changes to these General Terms and Conditions require the consent of the respective user to whom the changed General Terms and Conditions shall apply (a firm exception of the section Contractual Object). If epu-check intends to implement such changes to these General Terms and Conditions, epu-check will give the user as much prior notice of such changes as possible. Such notice shall be made via email to the email address the user previously supplied, on the relevant pages of the epu-check platform or on any other device through which the user access the epu-check services. We may invite the user to accept the new General Terms and Condition by clicking “yes” or “I accept”, checking a tick box or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.

In the event that you do not consent the changed General Terms and Conditions you shall not be permitted to any further use of the epu-check platform.

Following amendment of the General Terms and Conditions the continued use of epu-check offering following the notification by any registered user shall be deemed user’s consent to the amended General Terms and Conditions.

10. Other Regulations

In the event that individual provisions of the General Terms and Conditions shall be or become invalid, all other terms and conditions shall remain in full force and effect.
The invalid regulation is to be replaced with a term, which is of equal but acceptable commercial significance.

These General Terms and Conditions and all contractual relations and litigation between the users and epu-check (CorGro GmbH) be governed by Austrian law. epu-check (CorGro GmbH) disclaims the U.N. Convention on Contracts for the International Sale of Goods.

Place of delivery and exclusive court of jurisdiction shall be in Graz, Austria.

11. How to contact us

You may contact us by visiting www.epu-check.com/en/contact-and-support

CorGro GmbH (epu-check) mailing address is:

CorGro GmbH
Am Arlandgrund 11/13
8045 Graz
Austria

the first step to corporate growth

© CorGro Gmbh / epu-check.com / epu-check.at - All rights reserved!