Features

INFORMATION ACCORDING TO § 5 ABS 1 ECG

Company: Brutkasten Media GmbH
Headquarter: Praterstraße 1, 1020 Vienna
Company register court: Commercial court Vienna
Supervisory authortiy: City Administration of Vienna
Company Register: FN 472038 z
VAT Number: ATU 72325147
DVR Number: 4018128
Supported by Vienna Business Agency

CONTACT

E-Mail: [email protected]

GENERAL TERMS AND CONDITIONS

1. PREAMBLE
   1. Brutkasten Media GmbH, with its registered office in Vienna and its business address Praterstraße 1, 1020 Vienna (hereinafter referred to as "Startablish") operates an online magazine with additional functions at “https://startablish.com” (hereinafter "website"). The main focus of the magazine and the Website is on the Austrian startup scene. Startablish offers users the ability to read online articles for free and to make use of other information services.
2. In addition, Startablish operates as an online portal on a side-website “https://insights.startablish.com”, which gives established companies ("corporates") the opportunity to access data, graphics, images, and company-specific information and other content ("Information") about young companies ("startups") ("online-portal"). This is because Startablish collects publicly accessible data from start-ups and places it on the online portal.
   1. With the startups and corporates registered on the website (together “users”) it is possible to directly contact other users as well as retrieve further information.
   2. The services and content offered by Startablish on the website and online portal are exclusively intended for the exchange of information. By providing the website and / or the online portal or the information available on it, startablish assumes no legal advice or other consulting services.
3. SCOPE  
   1. these general terms and conditions ("GTC") govern the terms of use of the website and the online portal by users.
   2. your use of the site and any services offered on the portal is permitted only on the basis of these terms and conditions. Any contradictory or other general terms and conditions shall be expressly rejected, irrespective of their designation; they can only become valid if startablish agrees to their validity in writing in advance.
4. BASIS AND REGISTRATION FOR USE OF THE ONLINE PORTAL
   1. Startablish intends to give established companies the opportunity to get in contact with start-ups that are looking for cooperations. In particular Startablish wants to allow start-ups to publish information on the online portal to promote the exchange of information between established companies and start-ups. To achieve this, Startablish provides an enclosed area for users on its online portal.
   2. In order to use the closed area, users need to register for the portal. During registration the user has to provide Startablish the following data: email and password. During registration, the user must agree to these terms of use. The individual registration steps are described in an appropriate location on the online portal.
   3. After registration the user can select, if he/she would like to have a free account (hereinafter "Free account") or a paid account (hereinafter "Paid Account", free account and paid account together as "account"). With a free account the user is entitled to the following services:
      1. Use of the account;
      2. publication of company-specific publicly available data (these are initially provided by Startablish and then maintained by the user);
      3. use of a profile picture (a picture file with a maximum size of 5MB is required);
      4. linking the business address of the user with Google maps or a similar service (subject to availability).
5. Any further services require the registration of a pay account.
   1. The account created by the user when registered is the identity with which the user as appears within the online portal. The user has to provide the necessary registration information completely and truthfully. The user must periodically maintain and, if necessary, change and update the records of an account once set up. Startablish reserves the right to require proof of the accuracy of the records from the user. Startablish is not obliged to verify the data provided by users for correctness.
   2. By completing the registration process, the user submits a binding offer to Startablish to conclude a contract for the use of the online portal. The contract is concluded upon written confirmation from Startablish (via E-Mail to the E-Mail address provided as part of the user's registration).
   3. Startablish reserves the right to refuse a user's participation on the online portal without notice for any reason. Startablish assumes no liability for any costs incurred by a user that may emerge or arise before or in reliance on the condition of participation in the online portal.
   4. The Membership is not transferable.
6. ACCOUNT
   1. All information and data that Startablish receives from users or which are published on the website or the online portal may be viewed by other users - or in the case of publicly accessible data and information - by other visitors to the website. The online portal also enables users to disclose more information and data and to establish contact with other users.
   2. The user is the owner of the data and content, provided to Startablish or published on the online portal. The User grants Startablish the transferable right to transfer, copy, distribute to other users, publish, and disseminate any information and data the user submits to Startablish or via the Online Portal without his/her further consent and without further remuneration, also (but not limited to) in the context of further statistical data evaluations and data compilations. Data deleted by the user will not be used again by Startablish in a manner described above from the time of the deletion. Startablish is authorized to use and publish publicly accessible data even after the termination of the contractual relationship with the user.
   3. Users agree to provide only such information and data that violate neither a law nor the rights of third parties. Startablish has the right to remove any information or content at its sole discretion with or without prior notice.
   4. Startablish is free to decide whether and under what conditions it might accept user advertising.
   5. Startablish is entitled to carry out on site and online portal advertising.
   6. users of the online portal commit themselves on the online portal
      1. to only publish company-specific data and information;
      2. not to publish any inaccurate, inappropriate, or offensive content;
      3. not to send any mass mails or to transmit spam or other unwanted messages to other users;
      4. not to act in an illegal or otherwise unauthorized, unlawful way;
      5. not to violate intellectual property law;
      6. not to infringe on the business secrets of other users and third parties;
      7. to not publish unauthorized advertising;
      8. to not act in a fraudulent manner;
      9. to not allow third parties access to the online portal;
      10. to not place undue burden on the online portal, for example with spam, viruses or the like;
7. REFUND / PAYMENT CONDITIONS / INVOICING
   1. The user has to pay an (monthly or annual) membership fee for the use of a paid account.
8. Startablish charges the monthly or annual membership fee, which can be viewed on the online portal and communicated on request. Startablish is entitled, after prior written notice to users, to increase the fee for the paid account with effect at the beginning of a new renewal period.
   1. The membership fee for the paid account is payable with invoicing for the entire term. The payment of the membership fee must be made by means of advance bank transfer, credit card, or stripe. If a fee cannot be collected, the user bears all costs arising for Startablish.
   2. The user authorizes Startablish to store and charge the user selected payment method beyond the expiration date, in order to avoid disruption of the service on the online platform (membership).
   3. Startablish is free to submit information, letters, invoices, and reminders by electronic means only. Invoice copies can be requested from [email protected]
9. DURATION AND TERMINATION OF THE CONTRACTUAL RELATIONSHIP
   1. Free account (“Trial“):
      1. The contract is concluded for an indefinite period and can be terminated in writing by both Startablish and the user without giving reasons and without a notice period.
      2. Startablish is entitled to carry out an identity check in the course of account termination in order to protect the user against unauthorized deletion of an account by a third party.
      3. Startablish is entitled to publish publicly accessible user data and information/information about the user on its website and in the online portal even after the termination of the contract.
   2. Free account for listed Startups (“Startup Plan“):
      1. The contract is concluded for an indefinite period and can be terminated in writing by both Startablish and the user without giving reasons and without a notice period. This membership is only available for Startups which are listed in the databank from Startablish.
      2. Startablish is entitled to carry out an identity check in the course of account termination in order to protect the user against unauthorized deletion of an account by a third party.
      3. Startablish is entitled to publish publicly accessible user data and information/information about the user on its website and in the online portal even after the termination of the contract.
   3. Paid account (monthly membership, “Research“):
      1. The contract is initially concluded for a period of one month ("minimum use period") and is automatically extended for another month ("renewal period") if the contract is not terminated in writing before the end of the term (at the latest on the last day of the end of the term received by Startablish).
      2. The contract may be terminated in writing either by Startablish or by the user without stating reasons.iii) Startablish is entitled to publish publicly accessible user data and information/information about the user on its website and in the online portal even after the termination of the contract.
   4. Paid account (annual membership, “Professional”):
      1. The contract is initially concluded for a period of one year ("minimum use period") and is automatically extended for another year ("renewal period") if the contract is not terminated in writing before the end of the term with a notice period of three months.
      2. The contract may be terminated in writing either by Startablish or by the user without stating reasons and with a notice period of three months at the end of the minimum use period or after expiry of a renewal period.
      3. Startablish is entitled to publish publicly accessible user data and information/information about the user on its website and in the online portal even after the termination of the contract.
   5. The contract may be terminated in the event of an important reason at any time by Startablish or the user without observing a notice period by means of a registered letter. A particular important reason exists for Startablish,
      1. if the user (despite reminder and a grace period of 14 days) is in default;
      2. if the user provided incorrect information about his/her identity or other data during the conclusion of the contract or while the account is active;
      3. in the case of an abusive or fraudulent use of the account;
      4. in case of non-compliance with these terms and conditions or relevant legal regulations;
      5. in the case of violation of contractual provisions;
      6. upon liquidation of the user or opening of insolvency proceedings on the user.
   6. Upon termination of the contractual relationship (for whatever reason) the user has no right to be repaid prepaid fees.
10. Right to withdrawal (that provision applies only if the user is a customer)
    1. Right to withdrawal
       
       The user has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
       
       To exercise the right of withdrawal, the user must inform Startablish
       
       by mail:
       
       Brutkasten Media GmbH
       Praterstraße 1
       1020 Wien
       
       or by e-mail:
       
       [email protected] .com
       
       of the decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The user may use the attached model withdrawal form, but it is not obligatory (http://www.startablish.at/ Model-withdrawal-form.pdf). To meet the withdrawal deadline, it is sufficient for the user to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
    2. Effects of withdrawal
       1. If the user withdraws from this contract, Startablish shall reimburse to the user all payments received from the user, including the costs of delivery (with the exception of the supplementary costs resulting from the user’s choice of a type of delivery other than the least expensive type of standard delivery offered by Startablish), without undue delay and in any event not later than 14 days from the day on which Startablish is informed about the user’s decision to withdraw from this contract. Startablish will carry out such reimbursement using the same means of payment as the user used for the initial transaction, unless the user have expressly agreed otherwise; in any event, the user will not incur any fees as a result of such reimbursement.
       2. If the user requested to begin the performance of services during the withdrawal period, the user shall pay to Startablish an amount which is in proportion to what has been provided until the user has communicated to Startablish the withdrawal from this contract.
11. CHANGES OF THE SERVICES
    1. Startablish is entitled to change the services offered on the online portal and the website and/or to offer different services.
12. DISCLAIMER OF LIABILITY, LOSS AND DAMAGES
    1. The information on the website and/or the online portal is generated by Startablish with the greatest care. Startablish assumes no guarantee, liability, or the like for the correctness and completeness of the contents provided on the website. Startablish accepts no liability for any damage resulting from the use of the website and/or the online portal.
    2. Startablish is not obligated to review nor update or change the information and data provided by users. Startablish assumes no guarantee, liability or the like for the data and information provided by the users on the website and/or the online portal. Startablish assumes no liability whatsoever for the information provided by users being correct and complete.
    3. With regard to the data and contents, which are subject to these terms and conditions, the data protection regulations of Startablish, or the settings of the users which are or were publicly available or are stored by a third party, Startablish does not have any obligation to include such a storage with the third party.
    4. Startablish assumes no guarantee, liability or the like for the use of the online platform to be uninterrupted, secure, and error-free. Startablish is entitled to perform regular maintenance on the website and/or the online portal.
    5. As there is a risk of data loss when transmitting data on the Internet, Startablish assumes no guarantee, liability or the like for damage to user data transmissions.
    6. Users shall indemnify Startablish against third parties in connection with their use of the website and / or the online portal. The user declares that he/she is entitled and has the legal authority to enter into a contract with Startablish to the extent called herein, and that he/she has secured any and all necessary consent from any and all third parties in accordance with the law of copyright, the law of personality right, the law of data protection or any other legal provisions, and will, upon request at any time, provide proof of such to Startablish. Therefore the user will indemnify and hold Startablish harmless from and against any violations of protection of proprietary rights.
13. COPYRIGHT
    1. On all texts, graphics, photos, information, data, etc. (hereinafter referred to as "content") are protected (copyright, trademark protection, and other intellectual property rights).
    2. The use of these contents is therefore only permitted within the framework of the contractual and/or legal regulations. Further distribution is prohibited in principle and only in exceptional cases on request and with the express permission of the copyright owner. This also applies to the transfer of contributions pursuant to section 44 (1) of the Copyright Act.
14. DATA PROTECTION
    1. Our Privacy Policy describes how we handle the information the user provides to Startablish when the user uses Startablish’s Services. The user understands that through the use of the Services the user consents to the collection and use (as set forth in the Privacy Policy) of this information by Startablish and its affiliates.
       
       Startablish offers its users a wide range of functions within the framework of the website and the online portal, which are individually adapted to the respective user. To promote interaction on the site and in the online portal, Startablish categorizes the start-ups into groups and provides company-specific information and data on the basis of collected data. In order to provide these services, the processing and use of personal user data is necessary.
    2. The collection, processing and / or use of personal user data takes place by Startablish, as users agree to in the course of the registration process.
    3. Startablish offers its users the possibility to provide their personal information to other users. This data is transmitted at the user's own risk.
15. AMENDMENTS TO THESE GENERAL TERMS AND CONDITIONS
    1. Startablish is entitled to change these GTC at any time without the prior consent of the user or to adapt these GTC to a legal or governmental provision. The changes will not be retroactive and will govern the relationship between Startablish and the user. Startablish will try to notify the user of material revisions, for example via a service notification or an email to the email associated with the user’s account.
16. APPLICABLE LAW / COURT OF JURISDICTION / MISCELLANEOUS
    1. These terms and conditions shall be governed exclusively by Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and excluding its conflict of law rules.
    2. Exclusive court of jurisdiction for all legal disputes in connection with and from these General Terms and Conditions, including those relating to the conclusion of a contract between the users and Startablish, is the court responsible for commercial matters for Vienna, Innere Stadt.
17. SEVERABILITY CLAUSE
    1. If a provision of these General Terms and Conditions (or parts thereof) is or becomes invalid, void, or unenforceable, the remaining provisions shall remain unaffected. Invalid, void and/or unenforceable provisions shall be replaced by one closest to the purpose of such provision.
18. WRITTEN FORM
    1. Users must submit all communications in writing to Startablish (by e-mail to [[email protected]] or by mail to Brutkasten Media GmbH, Praterstraße 1, 1020 Wien, Austria). Startablish is also entitled to send messages to users to the user's private email.
    2. It is understood that all communications affecting the contractual relationship between Startablish and the users are valid only if made in writing. Oral agreements between the parties are not valid. Changes and additions to all agreements must be in writing. This also applies to a departure from this requirement.
    3. All notices to Startablish shall, unless otherwise agreed, be addressed to:
       1. E-Mail:
          [email protected]
       2. Mail:
          Brutkasten Media GmbH
          Praterstraße 1
          1020 Wien