money:care GmbH is a limited liability company registered in the commercial register of the Vienna Commercial Court under FN 610986i, with its headquarters in Vienna and its business address at Seilerstätte 24/4, 1010 Vienna, Austria (hereinafter referred to as the "Operator").
The Operator offers users on the website www.moneycare.at (hereinafter referred to as the "Platform") the opportunity to check the sustainability of listed companies, which has been measured based on previously defined sustainability criteria. Users of the Platform are natural or legal persons intending to register on the Platform (hereinafter referred to as "Users").
By registering, an account is created on the website (hereinafter referred to as "User Account"), which provides users with additional features. With the User Account, an unlimited number of companies on the Platform can be viewed. In addition, a watchlist of companies can be compiled for which the users have independently decided. Non-registered users, on the other hand, can only view three company dashboards before being prompted to register.
For consumer transactions, the consumer protection provisions, particularly the provisions of the Austrian Consumer Protection Act (KSchG), apply. The status as an entrepreneur or consumer is determined according to the provisions of the KSchG, BGBl. No. 140/1979.
By registering on the Platform according to item 2 and subsequently using the Platform, a usage contract is concluded between the users and the Operator.
Only the present terms of use apply to the use of the Operator's Platform. Conflicting terms do not apply, and previous agreements concerning the use of the Platform are declared invalid.
The version of the terms of use available on the Platform at the time of contract conclusion applies.
To fully use the Platform, a one-time registration of users and the creation of an account are necessary. The Operator reserves the right to reject a user's registration without giving reasons. There is no legal entitlement to registration. Multiple registrations by a user are not permitted. The Operator has the right to block or delete a second account.
Users must declare their agreement to these terms of use by clicking the corresponding button and also acknowledge the privacy policy. For registration and creation of a user account, users must provide their first and last names, an email address, and set a password. After completing the registration process on the Platform, the Operator sends a confirmation link to the email address provided by the users. By accessing this link, the user account is activated, and the registration is completed.
By registering, users declare and guarantee that (i) they are at least 18 years old at the time of registration and (ii) they do not already have a user account on the Platform.
Users declare and guarantee that the information they provide is truthful. Users must keep their data up to date for the duration of their use of the Platform.
Users are responsible for keeping their account and password confidential. Users must take all necessary measures to ensure that their password and account information are kept confidential and secure.
The Operator reserves the right to delete user accounts without prior notice if they are registered with an email address that is only usable for one-time use (so-called temporary email addresses or "disposable email addresses"). The same applies to user accounts that have not been activated within one month of registration.
The Operator provides users with free information regarding sustainability data of various listed companies. Users can view and compare this information on the Platform. Additionally, users can compile a watchlist of companies they have independently selected.
Users have no right to the provision of certain functions of the Platform. The Operator reserves the right to implement new functions in the future and to discontinue functions that have no usage relevance after appropriate evaluation.
Users are prohibited from using the Platform to disseminate immoral and/or illegal information or to violate rights, particularly trademark, copyright, patent, or personal rights and the privacy and legitimate interests of third parties. Users are obligated to comply with copyright, trademark, criminal, and youth protection laws when using the Platform.
Users are prohibited from commercializing or otherwise using or passing on the data accessible on the Platform in any way. The transfer of data from the Platform is prohibited unless users have obtained written consent from the Operator.
Users are prohibited from publishing, distributing, or transmitting content when using the Platform that could fall under the criminal offenses of "insult," "defamation," "slander," "damage to credit," or "incitement." The Operator reserves all rights (copyright, trademark, and other protection rights, etc.) to all retrievable content, particularly videos, texts, graphics, photos, logos/brands, designs, including layout, software, and their content. Users are not permitted to upload or distribute data and content (e.g., viruses, spyware, Trojans) or take actions that could impair the operation of the Platform or otherwise harm the Operator. Any use that could lead to a change in the structure of the Platform and the software or program data is prohibited.
The Operator is entitled to remove data or content that violates these terms of use, as well as illegal or unwanted content or data, without notifying the users and, if necessary, take further measures.
Usage contracts incorporating these terms of use are concluded for an indefinite period. The usage contract can be terminated by users at any time without giving reasons. To do this, users must delete their user account by requesting the Operator to do so via email (office@moneycare.at). The Operator can terminate the contractual relationship without giving reasons by giving 14 days' notice via email.
The right of termination for good cause for both the user and the Operator remains unaffected.
If users violate the rules set forth in these terms of use, they may be excluded from using their account. In this case, the user's account will be temporarily blocked. Such blocking must not exceed two weeks.
The Operator strives to provide continuous access to the Platform but cannot guarantee constant availability of the Platform. Users have no right to constant availability of the Platform. Maintenance, security, or capacity reasons, as well as events beyond the Operator's control, may lead to the temporary unavailability of the Platform, which the Operator is not responsible for.
The Operator is entitled to temporarily or permanently restrict the Platform and the services associated with it at any time if this is necessary for capacity reasons, security, the implementation of other technical measures, or for other important reasons.
The Operator's liability for contractual breaches and tortious liability is limited to intent and gross negligence, except for personal injury. Also excluded from the limitation of liability are damages caused by slight negligence resulting from the breach of main contractual obligations.
The above limitations of liability also apply in case of fault by an auxiliary person and for the personal liability of the Operator's employees, representatives, and organs.
The Operator is not liable for third-party content on websites linked on the Operator's Platform.
The Operator assumes no liability for the actions of users.
The Operator is the sole owner of the reproduction, distribution, processing, and all copyright exploitation rights regarding the Platform and its content. Utilization outside the boundaries of copyright exploitation rights requires the express and written consent of the Operator. The Operator also holds the exclusive right to the intangible transmission and reproduction of the database and its individual contents. Contents not originating from the Operator are marked as such and are subject to separate legal provisions to which users must adhere.
The Operator complies with all applicable data protection laws.
Information on the processing of users' personal data is provided separately in the Platform's privacy policy at www.moneycare.at/privacy-policy.
The Operator is free to unilaterally change these terms of use with future effect. This right exists as long as the changes to these terms of use do not result in changes to the Operator's essential contractual obligations or if the changes are necessary due to changes in the law, jurisdiction, or for reasons affecting the security of the Platform's operation. Users will be informed of unilateral changes to the terms of use by the Operator on the Platform.
Users will be informed of changes to the terms of use at least four weeks before their planned effective date. Changes to these terms of use will only become effective for users if they agree to them. If users do not agree to the changes, the Operator is entitled to terminate the contractual relationship with two weeks' notice. Users will be informed about the individual changes and the consequences of a lack of consent. User consent to the changes to the terms of use and compliance with the four-week notice period are not necessary if (a) the changes are mandatory due to changes in the legal situation (binding jurisdiction, binding requirements of the legislator, or binding official orders); (b) the changes objectively do not result in any disadvantage for the user, i.e., the changes are advantageous or neutral from the user's perspective.
If users do not agree to the planned changes, further use of the user account and the associated functions by users will no longer be possible. If users do not agree to the changes, they can terminate this contract at any time without giving reasons.
These terms of use, the usage contract, and all claims arising from them are subject to the law of the Republic of Austria, excluding the reference norms of Austrian international private law (IPR). This choice of law applies only to the extent that it does not deprive consumers of the protection granted by the mandatory provisions of the state of their usual residence (principle of favorability). Consumers are any natural persons who conclude a legal transaction for purposes that are predominantly outside their commercial, business, craft, or professional activity. Entrepreneurs are those for whom the business belongs to the operation of their enterprise.
The contract language is German.
User declarations are not stored by the Operator. Storage is the responsibility of the users.
Notifications from the user to the Operator are to be addressed to money:care GmbH, Seilerstätte 24/4, 1010 Vienna, Austria, office@moneycare.at.
If the user is an entrepreneur, the exclusive place of jurisdiction for disputes is the court with jurisdiction for 1010 Vienna, Austria.
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at http://ec.europa.eu/consumers/odr/. The Operator is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.