AGREEMENT TO OUR LEGAL TERMS

We are Lieferfast Handel & Logistik GmbH (“Company,” “we,” “us,” “our”), a company registered in Austria at Am Kanal 27, Vienna 1110. Our VAT number is ATU 78198656.

We operate the website https://www.lieferfast.at (the “Site”), the mobile application Lieferfast (the “App”), as well as any other related website or App that refers or links to these legal terms (the “Legal Terms”) (collectively, the “Services”).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Lieferfast Handel & Logistik GmbH, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or by notifying you at office@lieferfast.at, as stated in the corresponding email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms before you use the Services.

01. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where it would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

02. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services, and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purposes.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: office@lieferfast.at. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is visible upon posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand (a) the rights you give us and (b) the obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own these Submissions and be entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities where you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and potentially through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose (commercial, advertising, or otherwise). This includes preparing derivative works of, or incorporating your Contributions into other works, and sublicensing the licenses granted in this section. Our use and distribution may occur in any media format and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking any of your social networking accounts, you:

• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” section and will not post, send, publish, upload, or transmit through the Services any Submissions or Contributions that are illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening (to any person or group), sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive all moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contribution is original to you or that you have the necessary rights and licenses to submit it and that you have full authority to grant us the above-mentioned rights regarding your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any losses we may suffer because you breach (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we reserve the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, they are harmful or breach these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.

03. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update it as necessary.
3. You have the legal capacity and agree to comply with these Legal Terms.
4. You are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Services.
5. You will not access the Services through automated or non-human means, whether via a bot, script, or otherwise.
6. You will not use the Services for any illegal or unauthorized purpose.
7. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

04. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

05. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• PayPal
• Discover
• Cash

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as required. We may change prices at any time. All payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases, as well as any applicable shipping fees, and you authorize us to charge your chosen payment provider for such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by the same customer account, using the same payment method, or those that use the same billing or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

06. RETURN/REFUNDS POLICY

Please review our Return Policy before making any purchases.

07. PROHIBITED ACTIVITIES USING OUR SERVICES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

We undertake the transportation of documents, Parcels, Groceries, food, goods, or daily needs. We provide the transport service either ourselves or through third parties whom we deem suitable.

As a user of the Services, you agree not to:

1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
2. Trick, defraud, or mislead us and other users, especially in an attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
5. Use any information obtained from the Services to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Services in a manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized framing of or linking to the Services.
9. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material—including excessive use of capital letters and spamming (continuous posting of repetitive text)—that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data-gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person, or use the username of another user.
13. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
14. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
16. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
17. Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the Services.
19. Except as may result from a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
20. Use a buying agent or purchasing agent to make purchases on the Services.
21. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails, or create user accounts by automated means or under false pretenses.
22. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

We do not undertake the transportation of:

• Valuables, artworks, cash, and securities (especially checks, promissory notes, savings books, stocks, and similar), as well as shipments generally valued at more than EUR 2,500;
• Dangerous goods that are subject to the relevant regulations for the transport of dangerous goods on the road and may only be transported with special labeling;
• Perishable goods or live animals;
• Weapons, drugs, or other illegal goods.

Furthermore, we are entitled at any time to refuse to accept shipments without giving reasons or to restrict or discontinue the service.

Please note that all transport times and delivery deadlines are always given “as far as possible,” but without any legal guarantee on our part. The displayed prices are gross prices, including VAT, and include the collection, transport, and delivery.

08. TRANSPORT EXECUTION, COSTS

We are not obliged to check the contents of shipments. If the sender does not provide us with any specific information when handing over the goods for transport, we are entitled to assume that the goods comply with the provisions of Section 08, particularly that they do not include any prohibited items.

The sender is solely responsible for the proper, transport-safe packaging of the shipment. We have no obligation to inspect or provide guidance.

Unless otherwise agreed, shipments that are refused by the recipient or cannot be delivered for any other reason will be returned to the sender at their risk and cost. Mailshots, if labeled as such, may be delivered by insertion into a mailbox.

If it turns out during transport that the sender has handed over a prohibited item for transport, we are entitled, at our discretion, to take any appropriate measures to prevent property or personal damage, the occurrence of dangers, and/or illegal actions. These measures may include emergency sale, storage, handover to state authorities, or return transport to the sender at their risk and expense.

The sender is liable for the transport fee, along with all other costs, taxes, and charges incurred in connection with the transport. The transport fee is generally payable in advance online or in cash at the time of pickup. Only if the sender is also the recipient will the transport fee be due upon delivery. Otherwise, our invoices are payable immediately upon receipt, without deduction. In the event of late payment, we are entitled to charge 1% interest for every month (or part thereof) of delay.

09. INSURANCE AND LIABILITY

The sender is strictly liable to us, regardless of fault, for ensuring that all information provided when placing the order, including value declarations, is complete and correct, that the shipment does not contain any prohibited goods as per Section 1.2, and that it is properly packaged, labeled, and addressed in compliance with all relevant legal provisions. The sender must fully indemnify us against all damages and disadvantages resulting from incorrect or incomplete information or improper packaging.

Except in cases of personal injury, our liability for slight negligence is excluded in all circumstances.

Unless mandatory legal or international provisions dictate otherwise, our liability limits under Article 23 CMR apply, regardless of the mode of transport. This means that unless we are found guilty of intentional misconduct or equivalent negligence, in the event of a total loss of goods caused by us, we will compensate for the value of the goods at the location and time of acceptance for transport, but no more than the equivalent of 8.33 Special Drawing Rights (SDR) per kilogram of gross weight. We will also refund freight, customs duties, and other transport-related costs. For partial loss or damage, compensation is provided proportionally.

The sender cannot claim compensation beyond the amounts stated above. Compensation claims are limited to insurance benefits. In case of loss or damage, only the value of the goods is reimbursed, not delay-related or other financial damages, such as consequential damages or lost profits.

Our liability for losses, damages, and delays caused by circumstances beyond our control (such as force majeure, traffic, and weather conditions) is excluded.

10. USER-GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities. They may also provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use, your Contributions in any manner contemplated by the Services and these Legal Terms.
3. You have the written consent, release, and/or permission of every identifiable individual person in your Contributions to use their name or likeness, thereby enabling inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense) any other person or to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant (and warrant that you have the right to grant) to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of or incorporate such Contributions into other works, as well as to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.

This license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, along with any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights have otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of your Contributions and any intellectual property or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any responsibility and refrain from any legal action against us regarding your Contributions.

We have the right, in our sole discretion, to (1) edit, redact, or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

12. GUIDELINES FOR REVIEWS

We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. You should have firsthand experience with the person/entity being reviewed.
2. Your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language.
3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
4. Your reviews should not contain references to illegal activity.
5. You should not be affiliated with competitors if posting negative reviews.
6. You should not make any conclusions as to the legality of conduct.
7. You may not post any false or misleading statements.
8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.

13. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you and to access and use the App on such devices strictly following the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:

1. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
3. Violate any applicable laws, rules, or regulations in connection with your access or use of the App.
4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
5. Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
6. Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time.
7. Use the App to create a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the App.
8. Use the App to send automated queries to any website or to send unsolicited commercial email.
9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices
If you obtain our App from the Apple Store or Google Play (an “App Distributor”), the following applies:

1. License Scope
   You have a limited, non-transferable license to use the App on an iOS or Android device, subject to the App Distributor’s usage rules.
2. Maintenance & Support
   We provide maintenance/support as required by our Legal Terms or law. The App Distributor itself has no support obligations for the App.
3. Warranty Issues
   If the App fails to meet a warranty, you may notify the App Distributor; it may refund the purchase price (if any) under its policies. Beyond that, the App Distributor has no other warranty obligations.
4. Compliance
   You confirm you are not in a country under a U.S. embargo or listed on any U.S. restricted party lists. You also agree to follow any relevant third-party terms (e.g., data service agreements).
5. Third-Party Beneficiaries
   The App Distributors are third-party beneficiaries of this license and may enforce these terms against you.

14. SOCIAL MEDIA

You may connect your account with third-party accounts (“Third-Party Accounts”) by providing your login information or allowing us to access those accounts. You confirm you have the right to share such details and that doing so does not breach any terms or subject us to fees.

By granting access, you understand we may view and store content from your Third-Party Accounts (e.g., friend lists) for display via our Services. If a Third-Party Account or related service is unavailable or revoked, any linked content may no longer be visible on our Services. You can disable the connection anytime. Your relationship with third-party providers is governed by your agreements with them, and we do not review or guarantee the accuracy or legality of any content they provide.

We may also access your email address book and contact list to identify who else is using our Services. To remove the connection between your account and any Third-Party Account, please contact us or adjust your account settings. We will attempt to delete the corresponding information, except for your username and profile picture linked to your account.

15. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked by us for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply our approval or endorsement. If you decide to leave the Services and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Services or relate to any applications you use or install from the Services. Any purchases you make through Third-Party Websites are made through other websites and companies, and we take no responsibility whatsoever regarding such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse products or services offered on Third-Party Websites, and you shall hold us blameless for any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained or harm caused related to or resulting from any Third-Party Content or any contact with Third-Party Websites.

16. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

17. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Services for violations of these Legal Terms.
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities.
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
4. In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or otherwise burdensome to our systems.
5. Otherwise, manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

18. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be aware that the Services are hosted in Germany. 

19. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party—even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason, at our sole discretion, without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance on the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases regarding them.

21. GOVERNING LAW

These Legal Terms are governed by and interpreted according to the laws of Austria, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you also retain the protection provided to you by the mandatory provisions of the law in your country of residence. Lieferfast Handel & Logistic GmbH and you both agree to submit to the non-exclusive jurisdiction of the courts of Vienna. This means that you may claim to defend your consumer protection rights regarding these Legal Terms in Austria or in the EU country in which you reside.

22. DISPUTE RESOLUTION

The European Commission provides an online dispute resolution platform, which you can access. If you would like to bring this subject to our attention, please contact us.

23. DISCLAIMER
    We provide the Services “as is” and “as available.” You use them at your own risk. To the fullest extent permitted by law, we disclaim all warranties (express or implied), including merchantability, fitness for a particular purpose, and non-infringement. We make no guarantees about the accuracy or completeness of the Services’ content or anything linked to them, and we assume no liability for:

• Errors, inaccuracies, or omissions in content or materials;
• Personal injury or property damage from using the Services;
• Unauthorized access to our servers or your data;
• Interruptions or failures in transmission;
• Bugs, viruses, or similar issues introduced by any third party;
• Loss or damage from any posted or transmitted content.

We do not endorse or assume responsibility for products or services advertised by third parties on or through the Services (including linked websites or mobile apps). We are not a party to or liable for any transactions between you and third-party providers. Always use your best judgment and exercise caution.

24. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES—INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES—ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED EUROS (500€). 

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand—including reasonable attorneys’ fees and expenses—made by any third party due to or arising out of:

1. Your Contributions;
2. Use of the Services;
3. Breach of these Legal Terms;
4. Any breach of your representations and warranties set out in these Legal Terms;
5. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
6. Any overtly harmful act toward another user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

26. USER DATA

We will maintain certain data that you transmit to the Services to manage the performance of the Services, as well as data related to your use of the Services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake while using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically—via email and on the Services—satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by other than electronic means.

28. SMS TEXT MESSAGING

• Message Frequency
  When a user creates an account, changes a password, places an order, or receives the order.
• Opting Out
  If at any time you wish to stop receiving SMS messages from us, simply reply with “STOP.” You may receive an SMS message confirming your opt-out.
• Message and Data Rates
  Please be aware that message and data rates may apply to any SMS messages sent or received. These rates are determined by your carrier and the specifics of your mobile plan.

29. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on or concerning the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity or enforceability of any remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us after having drafted them. You hereby waive all defenses you may have based on the electronic form of these Legal Terms and the lack of physical signing by the parties to execute these Legal Terms.

30. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

Lieferfast Handel & Logistic GmbH
Am Kanal 27, 2.0.6
Vienna 1110, Austria
Phone: (+43) 664 461 1481
E-mail: office@lieferfast.at