Our imprint and the detailed terms of use for wegla.net

Imprint

On the following page, you can find all relevant legal information about www.wegla.net and its operators. Please do not hesitate to contact us via e-mail if you have any questions.

Website operator:
WEGLA - Verein zur Förderung der Gastronomie
ZVR: 336160898, DVR: 3006379
Kaiser Franz Josef Straße 11
6020 Innsbruck
Österreich

Phone: +43 (0)512 238169
Fax: +43 (0)512 238169
Email: office[at]wegla.net
Homepage: www.wegla.net

Office hours:
Mo-Th 9:00 - 12:00 and 14:00 - 17:00, Fr: 9:00 - 12:00
Picture credits - homepage:
Advertica, iStockphoto LP, WEGLA e.V.

Picture credits - restaurant pages / recommendations:
All pictures provided either by restaurants or by users as part of their recommendations/reviews.

Translations:
Translation Office Mag. Bernhard Zöttl (www.sprachraum-innsbruck.com), Google Translate API (code.google.com)

Maps and route planner:
Google Maps (maps.google.com)

Our Terms of Use

On the following page you can find the Terms of Use of wegla.net, which apply to all visitors and users of wegla.net and which all visitors and users agree to accept without objection or exception. In case you do not accept these Terms of Use, you shall not use the web site www.wegla.net and all related products and services.

1. Definitions:

The web site wegla.net as well as all related products and services are owned, published and operated by its operator, "WEGLA - Verein zur Förderung der Gastronomie" (ZVR 336160898), a registered association to promote gastronomy.

The terms ‘visitor’ and ‘user’ shall be defined as any person accessing or viewing the web site wegla.net, actively publishing content, particularly, but not exclusively, recommendations or comments, on wegla.net, or using other products or services provided by its operator, either anonymously or after registration.

2. Terms of Use:

These Terms of Use shall apply to the use of www.wegla.net and any related products and services as well as any agreements concluded with its operator. The Terms of Use are an integral part of the use of, and any business relations in connection with wegla.net. All users acknowledge and agree to abide to these Terms of Use. Consequently, these Terms of Use form the legal basis for the use of the products and services provided by wegla.net. For any use of the products and services provided, regardless of whether access or use has occurred negligently or with intent, the user shall agree to abide to applicable laws as well as to these Terms of Use. If a user does not agree to accept these terms and conditions, he/she shall immediately exit this site and he/she shall not return to this site.

The site operator shall be entitled to change the Terms of Use at any time. Changes shall not apply before they have been published on wegla.net or communicated via e-mail or postal service. The date of the most recent changes can be found at the bottom of the Terms of Use.

The user shall take reasonable care when publishing information on or via the online portal wegla.net and thus providing it to the operator as well as other users. He/she shall not publish any illegal, incorrect or offensive information. The operator shall not be held liable for any information, materials, products or services provided by users which partly or fully offend this precondition or are against these Terms of Use in any form or do not conform to the principles of the operator despite this restriction. The operator does not take liability or responsibility in any form for content and material which is published independently by users on this portal. Users are asked to report any offensive use of services by others to the operator. If necessary, the operator will report illegal content or offensive posts to the authorities and will attempt to prevent or delete such content as quickly as possible. The user hereby agrees to indemnify and hold the operator harmless for and against all claims resulting from posts by the user for which the operator is held liable by a third party.

Uploading, integrating, publishing, mailing, communicating or other providing of materials which are protected by copyrights, patents or trademarks, corporate secrets or other protected rights of natural or legal persons, shall be prohibited. The user hereby expressly agrees to indemnify and hold the operator harmless for and against all claims resulting from posts by the user for which the operator is held liable by a third party. The operator shall be entitled to claim compensation for possible damages.

Information on restaurants (address, contact information, opening hours, etc.) is either researched by the operator or a third party appointed by the operator, or can be maintained by the respective restaurants themselves. The respective author is liable for content which is maintained by him/her. The operator shall do its best to avoid and/or correct incorrect information; nevertheless, the operator does not accept any liability or responsibility for the up-to-dateness or accuracy of the data. The operator expressly declines any liability for direct or indirect damages, compensation for casual damages, damage claims for specific damages or penalties, including damage claims for loss of profit in connection with the use of the web site wegla.net as well as any related products or services, to the user or to third parties, even if the operator has been notified of the possibility of such a damage. The operator shall not be held liable for any damages resulting from errors, delays or transfer interruptions, malfunctions of technical equipment or services, or any damages resulting from incorrect content, loss or deletion of data, viruses or other damages related to a visit to the web site or to the reception of e-mails from the operator, unless such damages have been caused by wilful intent or gross negligence on behalf of the operator, his employees or his vicarious agents.

The operator shall be entitled to deny publications without reason and/or modify or delete content which has already been published, or deny, restrict, suspend or terminate access to the services in part or in full, with or without reason, in his sole discretion, without prior notification or explanation and under the exclusion of any and all liability. Any claims by the operator against users whose entries or posts require action according to these paragraphs in order to prevent illegal or punishable behaviour shall remain unaffected by such action.

The operator shall not claim property rights on texts, files, images, photos, videos or other data uploaded by users or third parties. By publishing or uploading data on the web site wegla.net as well as related products and services, the user agrees to authorise the operator to use, modify, delete, supplement, publish, reproduce, process and/or distribute such content. This includes the unlimited distribution of the web site, in part or in full, in any media format and via any media and media channels. In case a user removes content (or has content removed) from the portal, the operator shall attempt to terminate its distribution immediately. The operator’s authorisation to use the content shall automatically end at the point of termination of distribution. The operator shall be entitled to charge any arising costs.

Use of the web site wegla.net as well as any related products and services is subject to Austrian data protection laws, and, in particular, the provisions of the Austrian E-commerce act (ECG). The users expressly agree that the operator shall be entitled to sell the portal, all data records, all contractual agreements and the “good will” of the portal to third parties and communicate and pass over all user data as well as all agreements concluded with users to the transferee. All users and partners agree that their details are digitally recorded and processed.

Automatic or manual use or integration of any content published on wegla.net on other websites, or any other use of content published on wegla.net which does not serve its original purpose, without prior written authorisation by the operator shall be prohibited. All information provided shall exclusively serve for the personal, private use of the user. Non-compliance with this provision shall be prosecuted by civil and criminal laws.

On certain occasions, the user will be required to create a password. The user shall bear the sole responsibility for keeping the password safe and confidential. The user agrees never to use user accounts, user names or passwords of others and/or log on with another user’s username and password and not to transmit passwords to third parties. The user agrees to immediately inform the operator in case he/she has reason to believe that his/her password is used by an unauthorised party. The user bears the sole responsibility for the use of his/her user account. The user expressly and irrevocably agrees to authorise the operator to communicate any and all recorded data to authorities, courts or other monitoring authorities upon request.

All registered and active users automatically participate in possible competitions and lotteries organised by the operator. Each person shall only be entitled to receive one prize per competition/lottery. Employees and/or partners of wegla.net are expressly excluded from participation. Participants under the age of 18 shall obtain the consent of their parents or their legal guardian at the very latest when the prizes are awarded; failure to do so will result in forfeiture of the winnings. Winners shall be notified by e-mail. The operator reserves the right to take photos at the prize awarding ceremony and publish these photos, accompanied by the names of the winners, on the home page and/or via other marketing channels. If the winner does not agree to this provision or does not claim his winnings within two weeks after notification, the winnings shall forfeit. Recourse to legal action is excluded. The winner shall bear any taxes, fees and other obligations resulting from winning a competition/lottery. Winnings cannot be refunded in cash unless explicitly stated in the competition/lottery.

The operator will continually launch promotions where registered users have the possibility to receive a certain previously defined amount for certain activities. The respective amount will be booked onto the user’s credit balance and, once the credit balance has reached € 10.-, will be paid out upon request within 14 working days via Paypal (www.paypal.com). If the user provides a wrong e-mail address for payout via Paypal and the amount cannot be transferred to the user for this or any other reason not caused by the operator, the operator shall not be held liable and the amount shall be deemed paid out by the operator. In case of deletion of a user account, any unpaid credit shall irrevocably expire without compensation.

The operator shall not be held liable or responsible in any way for external links. All operators of external sites shall bear the sole responsibility for their content.

The use of ad-blockers or similar programs that prevent the correct display of advertisements on wegla.net on the computer of the user is not permitted and amounts to rejection of the Terms of Use.

For the correct functionality of the web site the operator uses so-called cookies, which allow identifying the user on various pages. In addition, cookies by external, third party providers (e.g. Statcounter, Google, etc.) for statistical evaluation and/or generation of personalised ads within the web site may be saved on the user’s computer. These cookies are anonymised and do not contain any personal data or information about the user. If the user prevents this or does not accept cookies to be saved on his computer, this amounts to rejection of the Terms of Use.

On various positions and pages of wegla.net, the user may potentially be offered to use buttons of external providers such as Facebook, Google+, Twitter, etc. The operator explicitly points out that the companies related to such buttons and external web sites can also collect data from users, which they frequently do. Should the user disagree with this policy, the operator recommends not using such buttons as well as explicitly signing out / logging off such sites before visiting wegla.net to ensure that no data will be passed on.

Registered users can choose to receive a number of automatic e-mail messages by wegla.net. Users can personalise their contact settings in their user account and choose which e-mail messages they would like to receive from wegla.net. E-mail messages with important content, such as changes to the Terms of Use or imminent deletion of the user account etc. will be sent to the user in any case at the operator’s discretion. If a user does not wish this, he/she shall request a deletion of his/her user account.

Registered users are entitled to request deletion of their user account, including deletion of all recorded personal data from the active system, at any time. In such a case, any credit on the user account balance will also be deleted and shall expire without compensation. Users can request deletion via informal e-mail indicating their user name and password. The account will be deleted by the operator within 14 working days after receiving the request for deletion. Deletion of user information from safety copies and backups is not possible due to considerable technical effort. Successful deletion of the data will be confirmed via e-mail message in any case.

If any provision of these Terms of Use is held to be contrary to law, void, invalid or unenforceable, such provision shall be replaced by a legally effective, valid and/or enforceable provision which meets the provision which is contrary to law, void, invalid or unenforceable to the maximum extend, and the remaining provisions of these Terms of Use shall remain unaffected. It is hereby expressly agreed that exclusively Austrian law shall be applicable and that the place of jurisdiction for all disputes arising from these Terms of Use shall be the competent court in Innsbruck.

Innsbruck, 24.08.2011