Terms and Conditions of Use
Right to use information, software and documentation
Obligations of the user
Liability for issues with proprietary rights or quality
Other liabilities, viruses
Personal data protection
Additional agreements, jurisdiction and governing law
1.1 Use of this website owned by Aveco s.r.o. or its affiliate companies, daughter companies (hereinafter referred to as Aveco s.r.o.), hereinafter referred to as the "Internet Domain www.aveco.com, shall be subject to the following Terms and Conditions of Use. These Terms and Conditions of Use may be amended, modified or superseded by other terms and conditions, e.g. any terms and conditions of purchase of goods and services. By logging in, or if logging in is not required, by opening and using the Internet Domain www.aveco.com you agree to be bound by the current version of these Terms and Conditions of Use.
1.2 In the case of any Internet offers intended for businesses or government institutes such entities shall be represented by a user, assuming that such a user possesses the required authorizations, powers and knowledge and acts accordingly.
1.3 If any users use this Internet Domain www.aveco.com as commercial customers, they are deemed to act within the scope of the field of their business as an entrepreneur or within the scope of their authorization as an employee, or as a customer representing any government institute or self-government body.
2.1 The Internet Domain www.aveco.com contains specific information and software and in some cases also relevant documentation available for viewing and download.
2.2 At any time, Aveco s.r.o. may choose to terminate operation of the entire, or part of, the Internet Domain www.aveco.com and due to the character of the Internet and computer systems Aveco s.r.o. cannot be held liable for unavailability of the Internet Domain www.aveco.com
3. Registration, password
3.1 Certain sites of the Internet Domain www.aveco.com may by protected by a password. For security reasons and business transactions only registered users have access to these websites. Aveco s.r.o. reserves the right to reject registration of a user. In particular, Aveco s.r.o. reserves the right to set mandatory registration to some domains which were previously freely accessible. The company is entitled to block access to users to any parts of websites protected by a password at any time without giving a reason, by blocking the user accounts (as defined below), in particular if the users:
- provide false information during the registration process;
- breach these Terms and Conditions of Use or neglect their obligations associated with the user account;
- violate the applicable law when accessing or using the Internet Domain
3.2 During the registration process users must provide accurate and true information and make an update of such information in the case of a change as soon as possible (on-line as far as practicable). Users must ensure that their e-mail address provided to Aveco s.r.o. is always up-to-date and usable for contact.
3.3 After registration users are given an access code consisting of a user name and a password (hereinafter referred to as the "user account"). After the first log-in users are required to change the password provided by Aveco s.r.o. to a different password known to the user only. The user account enables the user to view or update already entered user data, or potentially cancel the consent to the processing of data.
3.4 Users must ensure that their user accounts are not accessible to third parties and are responsible for all and any transactions and other activities implemented through their user accounts. Users are required to log out from the Internet Domains protected by a password after completion of work with the on-line system. In the case that user identifies that their user account is being misused by any third parties, they shall notify Aveco s.r.o. in writing (or by e-mail) immediately.
3.5 Following receipt of the notification specified in para. 3.4 hereof Aveco s.r.o. will block access to the sites protected by a password for the given user account. Such users will have their access renewed only on the basis of their request delivered to Aveco s.r.o. or after a new registration.
3.6 Users may send a written request for termination of registration in writing at any time, provided that deletion of the user account will not have negative impact on due performance of contractual obligations. In such case Aveco s.r.o. will delete all user data as well as other saved personal data of the user without delay.
4. Right to use information, software and documentation
4.1 Use of information, software and documentation available at the Internet Domain www.aveco.com or through the Domain is subject to these Terms and Conditions of Use or in the case of any update of information, software or documentation to the applicable licensing conditions previously agreed with Aveco s.r.o. Any stand-alone agreed licensing terms and conditions, e.g. applicable to software downloads, shall prevail over these Terms and Conditions of Use.
4.2 Aveco s.r.o. grants to the user a non-exclusive, non-transferable licence with no right of its provision to others, for use of information, software and documentation accessible to users through the Internet Domain www.aveco.com in the agreed scope, or if such scope was not agreed, in such scope as Aveco s.r.o. considers appropriate for the given purpose.
4.3 Software shall be available in object code free of charge. Users shall not be entitled to access the source code. This does not apply to source codes of open source software for which the relevant licensing terms and conditions shall prevail over these Terms and Conditions of Use in the case of any transfer of such software, and to software requiring access to the source code. In such case Aveco s.r.o. shall make the source code accessible against payment of particular costs.
4.4 Information, software and documentation must not be disclosed by users to any third parties, including any lending or making the same accessible in any way. Unless expressly permitted by the applicable law, users shall not modify software and documentation in any way and shall not perform any reverse analysis or translation or separation of any parts of software. Users are allowed to make one back-up copy of software, if necessary for securing its future use in compliance with these Terms and Conditions of Use.
4.5 Information, software and documentation are protected by copyright as well as international conventions on copyright and other laws and conventions applicable to intellectual property. Users shall comply with such law and in particular refrain from any modifications, concealing or removal of any alphanumeric codes, markings or notifications regarding copyright from information, software and documentation or their copies.
5. Intellectual property
5.1 Regardless of the specific provision of Article 4 of these Terms and Conditions of Use no information, trade names or other content of the Internet Domain www.aveco.com can be modified, copied, reproduced, sold, rented, used, substituted or otherwise used without previous written consent of Aveco s.r.o.
5.2 With the exception of the right of use and other rights expressly granted by these Terms and Conditions of Use no other rights are granted to users and these Terms and Conditions do not stipulate any obligation to grant such rights in any way. Any patent rights and licences are expressly excluded.
5.3 Aveco s.r.o. is entitled to use free of charge any ideas or suggestions saved by users on the Internet Domain www.aveco.com for the purpose of further development, improvement and sale of its products.
6. Obligations of the user
6.1 When accessing and using the Internet Domain www.aveco.com users shall refrain from:
- causing any harm to other persons, in particular to infants, or any harm to any personality rights;
- violate ethical standards due to the method of use;
- breach any intellectual property rights or other proprietary rights;
- transfer data containing viruses, Trojan viruses or other software which may cause data damage;
- transmit, save or provide hyperlinks or content to which they do not possess the rights, in particular when such links or their content violate the obligation of information confidentiality or are in conflict with the law, or
- distribute advertisement or spam e-mails or false warnings of viruses, faults or similar information, or request participation in lotteries, chain correspondence, pyramid games etc.
6.2 At any time, Aveco s.r.o. may reject access to the Internet Domain www.aveco.com, in particular if users fail to comply with any of their obligations resulting from these Terms and Conditions of Use.
7.1 The Internet Domain www.aveco.com may contain hyperlinks to websites of third parties. Aveco s.r.o. shall not be liable for the content of such websites and expresses no opinion concerning such websites or their content; it does not promote such websites as its own since it has no opportunity to influence information contained thereon; the company bears no liability for the content and information presented on such websites. Users use such websites at their own risk.
8. Liability for issues with proprietary rights or quality
8.1 If any information, software or documentation are made available free of charge, any liability for problems with proprietary rights or quality of such information, software or documentation is excluded, in particular as for their correctness, absence of defects or claims or rights of third parties or in terms of completeness and/or appropriateness, with the exception of cases of wilful act or fraud.
8.2 Information contained on the website www.aveco.com may contain specifications or general descriptions concerning technical properties of individual products which may not be available in certain countries (e.g. due to product modification). Therefore, the required product properties shall be always specified additionally within the product sale process.
9. Other liabilities, viruses
9.1 Liability of Aveco s.r.o. for any defects in quality or proprietary rights shall be determined in compliance with the provisions of Article 8 of these Terms and Conditions of Use. Any other liability of Aveco s.r.o. is hereby excluded unless it results from law, e.g. from the Act on liability for damage caused by product defects, or in the case of any wilful act, gross negligence, damage to health or life of persons, failure to comply with guaranteed product properties, fraudulent concealment of defect or violation of fundamental contractual obligations. The amount of compensation for damage in the case of violation of fundamental contractual obligations shall be limited to the amount which is adequate to the given contract or to a predictable amount, with the exception of wilful damage and gross negligence.
9.2. Although Aveco s.r.o. makes every effort to prevent occurrence of viruses on the website www.aveco.com, it cannot guarantee a virus-free environment. In the interests of their own protection users shall take appropriate security measures and use anti-virus software prior to receiving any information, software or documentation.
9.3 Articles 9.1 and 9.2 do not define or indicate in any way any change in the burden of proof detrimental to the user.
10. Export limitation
10.1 Export of certain information, software and documentation may require special permission, e.g. due to their character or intended use or destination. Users must strictly comply with all export limitations relevant to the information, software and documentation, in particular any regulations applicable within the EU, individual EU member countries and the USA. Aveco s.r.o. shall identify/mark information, software and documentation in compliance with EU export control lists and the business control list of the United States, and in compliance with applicable regulations.
10.2 In particular, users shall ensure that:
- information, software and documentation shall not be used for any purposes associated with military hardware, nuclear technologies or weapons;
- entities and persons listed on the US Denied Persons List (DPL) shall not be recipients of any goods, software or technology originating from the United States;
- entities or persons listed on the US Warning List, the US Entity List or the US Specially Designated National List shall not become recipients of products originating from the United States without the applicable licence; and
- products shall not be delivered to entities or persons listed on the Specially Designated Terrorists List, the Foreign Terrorist Organizations List, the Specially Designated Global Terrorists List or the Terrorists List of the EU;
- deliveries shall not be addressed to military entities;
- notifications and instructions of competent authorities are complied with.
Access to software, documentation and information on the website www.aveco.com shall be provided only in compliance with the conditions and guarantees specified above. If any user fails to comply with the specified criteria, Aveco s.r.o. shall not be obliged to provide particular performance to such user.
10.3 Aveco s.r.o. shall inform users on particular provisions of contract and provide other information upon request.
11. Additional agreements, jurisdiction and governing law
11.1 All additional agreements must be made in writing.
11.2 The competent court shall be determined in compliance with the law of the Czech republic.
11.3 Individual sites of the Internet Domain www.aveco.com are operated and administrated by Aveco s.r.o. The company Aveco s.r.o. does not provide any guarantee that information, software and/or documentation available on the website www.aveco.com is appropriate or available for viewing or download in every country. Access to information, software and/or documentation available at the Internet Domain www.aveco.com in countries where such content is illegal is prohibited. In such case, if a user wishes to enter into a business relationship with Aveco s.r.o., it is advisable to contact a business representative of the company for the given country and the specific region.
11.4 The Terms and Conditions of Use and any disputes resulting from these Terms and Conditions, or existing in relation to these Terms and Conditions, shall be governed by the law of the Czech republic and settled in compliance with the law of the Czech republic.
12. Personal data protection
12.1 By logging in, or if logging in is not required, by opening and using the Internet Domain www.aveco.com , the user agrees with the processing of personal data provided to Aveco s.r.o. , with the registered office at Aveco s.r.o., Veleslavínská 39, 162 00, Prague 6, the Czech republic.
Collection, use and processing of personal data on the website www.aveco.com takes place in compliance with the applicable law on personal data protection and the Principles of Personal Data Protection applicable to the website www.aveco.com.
12.2 Personal data
Aveco s.r.o.. shall not collect any of your personal data (e.g. your name, address, telephone number or e-mail address) through our website, unless you provide such data voluntarily (e.g. within the registration process or research) or unless you grant your consent or if otherwise allowed by the applicable legal regulations on personal data protection.
12.3 Purpose of use:
If you provide us with your personal data, we normally use it in answering your enquiries, processing of your purchase orders and for provision of access to specific information or offers. For the support of customer relationship we are entitled to:
- save and protect personal data and provide it to global affiliate companies of Aveco s.r.o. in order to let them understand your business needs and how to keep improving products and services, or
- use such personal data (ourselves or through a third party acting on our behalf) in order to contact you with an offer for support of your business needs or for Internet research to better understand the needs of our customers.
If you choose not to make your personal data available for the purpose of customer relations support (in particular for the purpose of direct marketing or market research), we will respect your decision. With the exception of the affiliated companies of the holding company we shall not provide or otherwise disclose your personal data to any third parties.
12.4 Purpose limitation
Personal data provided by you through the Internet is collected, used or provided by Aveco s.r.o. solely for the purpose which is known to you, with the exception of cases when:
- it is required by the applicable law, state authorities or court bodies,
- processing is necessary for ensuring compliance with legal obligations.
- processing is necessary for performance of a contract to which you are a party or for negotiations on contract conclusion or amendment as per your request,
- it is authorised to publish the personal data pursuant to a special legal regulation.
- it is necessary in order to protect the rights and interests of Aveco s.r.o. protected by law, e.g. due to intentional attacks on the company’s information systems.
12.5 Data concerning communication or use of the services
If you are using any telecommunication means to access our websites, communication data is created (e.g. IP address) or data on use of services (e.g. information on the start, end and scope of each access or information on services of electronic communication used by you). This data may relate even to personal data. If it is necessary, your data on communication or use of services will be collected, processed and used in compliance with the applicable law on personal data protection.
12.6 Automatic collection of other than personal data
When you access our website we may automatically (i.e. not through registration) collect data other than data of a personal nature (e.g. information on the type of Internet browser and operating system used, name of the website domain from which you made the access, number of visits, average time spent on specific site, sites displayed etc.). We are entitled to use this data and provide it to other affiliate companies for the purpose of monitoring the attractiveness of the websites and improvement of their performance and content.
12.7 "Cookies" – information automatically saved in your computer
When you view any of our sites data in the form of so-called "cookies" may be stored in your computer. Cookies are used by almost every website globally. In general, cookies are useful, since they improve user experience in the case of a repeatedly visited website. If you use the same computer and the same Internet browser to visit our website, cookies will help your computer to remember sites visited and your preferred setup of individual sites. None of our cookies used on our website collects information containing your personal data.
Aveco s.r.o. has implemented technical and organizational safety measures for the purpose of personal data protection against any accidental or illegal deletion, loss or against unauthorized disclosure or access.
13.Links to other websites
The websites of Aveco s.r.o. contain links to other websites. The company assumes no responsibility for the method of data protection and content of other websites.
14.Inquiries and comments
Aveco s.r.o.. shall respond to any eligible requirements for information on processing of your personal data and for data correction, addition or deletion of any inaccuracies or disposal of your personal data. If you have any inquiries or comments concerning our principles of personal data protection (e.g. for the purpose of reviewing and update of your personal data), please click on the "Contact" button and send us your enquiry and your contact data. Our personal data protection policy continues to develop along with the development of the Internet. Any potential amendments shall be indicated on this site. Please check this site on a regular basis for any potential updates.
162 00, Prague, The Czech republic
Any copying, distribution or use of the content of the website is forbidden without previous written consent of Aveco s.r.o.
The website is operated by Aveco s.r.o., with the registered office at Veleslavínská 39, 162 00, Prague, The Czech republic