The Terms and Conditions were last updated on January 11, 2024
1. Introduction
These Terms and Conditions apply to this website and to transactions related to our products and services. You may be bound by additional agreements that pertain to your relationship with us or to products or services you receive from us. If any provisions of those additional agreements conflict with provisions of these Terms and Conditions, the provisions of those additional agreements shall prevail.
2. Binding nature
By registering for, accessing, or otherwise using this website, you hereby agree to be bound by the Terms and Conditions set forth below. Your use of this website constitutes your acknowledgment and acceptance of these Terms and Conditions. In certain cases, we may also ask you to provide your express consent.
3. Electronic Communication
By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our website or send you an email, and you agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy all legal requirements. This includes, but is not limited to, the requirement that such communications be in writing.
4. Intellectual Property
We or our licensors own and control all copyrights and other intellectual property rights in the Website, as well as the data, information, and other resources displayed on or accessible through the Website.
4.1 All rights reserved
Unless otherwise specified in certain content, no license or other right under copyright, trademark, patent, or other intellectual property rights is granted to you. This means that you may not use, copy, reproduce, perform, display, distribute, embed in an electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize in any form without our prior written permission, except and only to the extent otherwise provided by mandatory law (such as the right to quote).
5. Newsletter
Notwithstanding the above, you may forward our newsletter electronically to others who might be interested in visiting our website.
6. Third-Party Property
Our website may contain hyperlinks or other references to third-party websites. We do not monitor or review the content of third-party websites linked to from this website. Products or services offered by other websites are subject to the terms and conditions of those third parties. We do not necessarily share or endorse the opinions or materials expressed on these websites.
We are not responsible for the privacy practices or content of these websites. You assume all risks associated with the use of these websites and related third-party services. We assume no responsibility for any loss or damage of any kind resulting from your disclosure of personal data to third parties.
7. Responsible Use
By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms, any additional agreements with us, and applicable laws, regulations, generally accepted online practices, and industry guidelines. You may not use our website or services to use, publish, or distribute material that consists of (or is linked to) malicious computer software. You may not use the data collected on our website for direct marketing activities or conduct systematic or automated data collection activities on or in relation to our website.
Participation in activities that cause or may cause damage to the website, or that impair the website’s performance, availability, or accessibility, is strictly prohibited.
8. Idea Submission
Do not submit any ideas, inventions, creative works, or other information that may be considered your own intellectual property and that you wish to present to us, unless we have previously signed an intellectual property agreement or a confidentiality agreement. If you share this with us without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in existing or future media.
9. Termination of Use
We may, at our sole discretion, modify or discontinue access to the Website or any service on it at any time, either temporarily or permanently. You agree that we shall not be liable to you or any third party for any such modifications, suspensions, or interruptions of your access to or use of the Website or any content you may have shared on the Website. You are not entitled to any compensation or other payment, even if certain features, settings, and/or content that you have contributed or rely on are permanently lost. You may not circumvent or attempt to circumvent any access restriction measures on our website.
10. Warranties and Liability
Nothing in this section limits or excludes any statutory warranty whose limitation or exclusion would be unlawful. This website and all content on the website are provided “as is” and “as available” and may contain inaccuracies or typographical errors. We expressly disclaim any and all express or implied warranties of any kind regarding the availability, accuracy, or completeness of the content. We do not guarantee that:
- This website or our content will meet your needs.
- This website will be available continuously, in a timely manner, securely, or without errors.
Nothing on this website constitutes or is intended to constitute legal, financial, or medical advice of any kind. If you need advice, you should consult a qualified professional.
The following provisions of this section apply to the fullest extent permitted by law and do not limit or exclude our liability in respect of matters for which it would be unlawful or illegal for us to limit or exclude our liability. In no event shall we be liable for any direct or indirect damages (including damages for lost profits or revenue, loss or damage to data, software, or databases, or loss or damage to property or data) incurred by you or any third parties arising out of your access to or use of our website.
Unless otherwise expressly provided in a separate agreement, our liability to you for any damages arising out of or in connection with the Website or with products and services marketed or sold through the Website is limited to the total amount you have paid to us to purchase such products or services or to use the Website, regardless of the legal basis for liability (whether in contract, in equity, negligence, willful misconduct, tort, or otherwise) shall be limited to the total amount you paid to us to purchase such products or services or to use the Website. This limitation applies in the aggregate to all of your claims, actions, and causes of action of any kind and nature.
11. Privacy
In order to access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct, and up-to-date.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Policy and our Cookie Policy.
12. Accessibility
We are committed to making the content we provide accessible to people with disabilities. If you have a disability or impairment that prevents you from accessing any part of our website, please send us a message with a detailed description of the problem you encountered. If the problem can be easily identified and resolved using standard industry information technology tools and techniques, we will fix it immediately.
13. Export Restrictions / Compliance with Laws
Access to this website from regions or countries where the content or purchase of the products or services sold on this website is illegal is prohibited. You may not use this website in violation of Austria’s export laws and regulations.
14. Partnership Marketing
Through this website, we may engage in affiliate marketing, whereby we receive a percentage or commission for the sale of services or products on or through this website. We may also accept sponsorship or other forms of advertising compensation from companies. This disclosure is intended to comply with any applicable legal requirements regarding marketing and advertising, such as the rules of the U.S. Federal Trade Commission.
15. Assignment
You may not assign, transfer, or disclose your rights and/or obligations under these Terms and Conditions to any third party, in whole or in part, without our prior written consent. Any purported assignment that violates this section is null and void.
16. Violations of these Terms and Conditions
Notwithstanding our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take any action we deem appropriate to address the breach, including temporarily or permanently blocking your access to the website, contacting your internet service provider to request that they block your access to the website, and/or taking legal action against you.
17. Force Majeure
Except for the obligation to pay, any delay, failure, or omission by a party in performing or complying with any of its obligations under this Agreement shall not be deemed a breach of these Terms and Conditions if and for so long as such delay, failure, or omission is due to a cause beyond the reasonable control of that party.
18. Compensation
You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, and costs arising out of or in connection with your breach of these Terms and Conditions and applicable laws, including intellectual property rights and data protection laws. You will promptly reimburse us for any damages, losses, costs, and expenses incurred in connection with or arising from such claims.
19. Waiver
Any failure to enforce any provision of these Terms and Conditions or any agreement, or any failure to exercise a termination option, shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any such agreement, or any part thereof, or the right to enforce any individual provision hereunder.
20. Language
These Terms and Conditions shall be interpreted and construed exclusively in German. All notices and correspondence shall be written exclusively in this language.
21. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Thomas Otto Sole Proprietorship regarding your use of this website.
22. Updates to these Terms and Conditions
We may update these Terms and Conditions from time to time. You are responsible for reviewing these Terms and Conditions regularly for any changes or updates. The date listed at the beginning of these Terms and Conditions is the date of the last revision. Changes to these Terms and Conditions take effect as soon as they are posted on this website. Your continued use of this website following the publication of changes or updates constitutes your agreement to comply with and be bound by these Terms and Conditions.
23. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of Austria. The courts of Austria shall have jurisdiction over any disputes arising in connection with these Terms and Conditions. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision shall be modified, deleted, and/or enforced to the maximum extent permitted to give effect to the intent of these Terms and Conditions. The remaining provisions shall remain unaffected.
24. Contact Information
This website is owned and operated by Thomas Otto Sole Proprietorship.
You can contact us regarding these Terms and Conditions in writing or by email at the following address: office@biotto.at
Sechskrügelgasse 5
1030 Vienna
ATU 72220303
office@biotto.at
25. Download
You can also download our Terms and Conditions as a PDF file.