Pre-contractual information obligations for an application pursuant to § 4 FAGG in conjunction with § 7 FAGG

warrify smart product assistance GmbH

Martinstraße 25/4, 3400 Klosterneuburg

UID: ATU74586325

FN: FN 515283 w of the Companies Register of HG Korneuburg

E-mail: office@warrify.com


The essential Properties of the Application
warrify offers the possibility to use download platforms such as Google Play or the Apple App Store to download and install the application onto a mobile device. This application can be used to save invoice receipts from retail companies. The process to be performed for this depends on the individual retail company and can therefore be different among the retail companies, whereby this can be completely manual and by user input, but also fully automated via a digital data interface.


Contact person for complaints
Any problems with the use or other complaints must be addressed to warrify smart product assistance GmbH, Martinstraße 25/4, A-3400 Klosterneuburg, office@warrify.com, by means of a description of the circumstances (e.g. a letter or e-mail sent by post). We are happy to help. 


Prices
The application is available for free download. In connection with the use of the application costs of the data transfer of the network operator may be incurred, which are to be borne by the customer himself. The use of the application and the service is free of charge for the user.


Duration and Termination
The contractual relationship is concluded for an indefinite period. You can terminate the contract at any time and without giving reasons and without observing a period of notice and thereby request warrify to delete your access to your user account with immediate effect. warrify is entitled to terminate or terminate the contract on the use of the application by observing a period of notice of 4 weeks. warrify is also entitled to terminate the contractual relationship with immediate effect for good cause. A violation of the terms of use is considered to be an important reason.


Terms of Delivery and Performance
The application can be downloaded via platforms like the Google Play Store or the Apple App Store, etc. The application will be delivered immediately.


Right of Withdrawal or Revocation
As a consumer, you have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise the right of withdrawal, you must inform warrify smart product assistance GmbH, Martinstraße 25/4, A-3400 Klosterneuburg, office@warrify.com, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form for this purpose.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.


Exceptions to the right of withdrawal:

If the performance of the service offered is commenced at your request before expiry of the 14-day withdrawal period of § 11 FAGG (e.g. by placing an order), the right of withdrawal shall lapse after legal notification of these consequences of premature dissolution.

You hereby acknowledge and expressly agree that with the first use of the application the performance of warrify takes place before the expiration of the withdrawal period of § 11 FAGG and thus the loss of the right of withdrawal according to § 18 FAGG is associated.


Warranty
Any warranty of warrify, especially for the free service and the application is or is hereby excluded. warrify makes no warranties whatsoever regarding the application and the service and makes no warranty in this respect and gives no guarantee. Likewise warrify gives no assurance, makes no warranty and gives no guarantee whatsoever for the services, prices and information of linked services offered by third party providers, for their implementation, quality or similar.


Final provision
The information contained in this information sheet is an integral part of the contractual relationship concerning the application of warrify. Changes are only effective if they have been expressly agreed by the contracting parties in writing.


General terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.


You hereby acknowledge that you have read, understood, and agree to be bound by these Terms of Use by registering. This will be expressly confirmed by you upon registration by ticking the box „Accept the Terms of Use“. Use of the application, service or related services shall in any event constitute acceptance of these Terms of Use.


Contractual Relationship
These general terms and conditions (hereinafter referred to as „Terms of Use“) constitute the contractual basis between you and the 
warrify smart product assistance GmbH,

Martinstraße 25/4, A-3400 Klosterneuburg

FN: FN 515283 w of the Companies Register of HG Korneuburg

E-mail: office@warrify.com


They apply to your visit and use of our website at www.warrify.com (the „Website“), the Service and the Application (as defined below), as well as any information, recommendations and/or services provided to you through the Website and the Service.

By consenting to or using the application, service or related services, you enter into this Agreement with warrify smart product assistance GmbH (the „Agreement“).
The use of the services offered within the warrify app requires the successful transfer and installation of the „warrify app“ on your smartphone or tablet as well as the acceptance of the terms and conditions. For the different types of Smartphones and/or Tablets specific software versions are present. For some types of smartphones or tablets, suitable software cannot be offered for technical reasons. If no suitable software version is available for your mobile phone, you will not be able to use the app.
warrify reserves the right to adapt and change the scope of services of the application or the service and these terms of use (including the availability of any data, databases or content or access to the service) at any time, insofar as this is reasonable for you with regard to the overall scope of the app.

In the event of a further adjustment or significant change to the scope of services or the Service or these Terms of Use, you will be informed of this in the form announced at the time of downloading (e.g. by e-mail). You may notify us in writing within two weeks that you do not agree with the adaptations or changes. If you do not comply with this possibility, you must expressly agree to the new terms of use by clicking a button when using the application for the first time after the deadline has expired. warrify further reserves the right to completely discontinue the offer of the application or the service while observing a period of four weeks.

Since warrify is a standardized offer, we cannot consider process changes, which you bring forward, unfortunately. In the event that you yourself propose changes to the terms of use, these will not come into force without our prior written confirmation to you.


The collection and processing of personal data in connection with the Service is done in accordance with our Privacy Policy at www.warrify.com/privacy-policy/ By agreeing to these Terms of Use, you also consent to and consent to the Privacy Policy. You will also confirm this by ticking the „Consent to data protection declaration“ box during registration.


Service
You can use the warrify application („the application“) downloaded on your smartphone or tablet to save invoice documents from retail companies. The process to be performed for this depends on the individual trading company and can therefore be different among the trading companies, whereby this can appear as completely manual and through user input, but also fully automated via a digital data interface.
Soon, this application will enable partner companies to receive a digital receipt. Alternatively, the receipt can either be received as a printed receipt as usual or directly digitally via the warrify application. This triggers a digital process at the trading company, which provides the data for the receipt. To receive the receipt digitally, your smartphone must be able to read QR codes and NFC functionality must be enabled.
Furthermore, it is exclusively at the discretion of the trading company to offer this service after a digital receipt or successful receipt.
You are under no obligation to use the Service; nor is warrify under any obligation to offer the Service to you or to successfully provide the Service to you.
The application enables the linking of invoice vouchers to the purchased products, for which warrify provides a product database. However, no completeness of the database is provided by warrify and warrify is not responsible for the successful provision of the service.
Additionally with partner dealers the contact is linked to the warranty completion. warrify does not guarantee in any way a successful completion of the warranty claim or the feedback of the respective commercial enterprise.

Registration and User Account
To be able to use the application, especially to add receipts and thus products, you must first login and create a user account. To register your account, you must provide warrify with certain personal information such as your name and e-mail address.
When registering for the first time, you must choose a username and password (hereinafter referred to as „access data“) which identify you as an authorised user of the services. After entering your registration data and your agreement to these terms of use, you will be registered for the first time. After this, you will be assigned a personal area (hereinafter referred to as „user account“) for the use of the services and the administration of your registration data. To access your user account, it is necessary to enter your access data.
User accounts are always open to specifically designated natural persons. We store your data in your user account. The user account combines information about you so that you and we can better understand and administer your rights and obligations as a user of warrify. warrify will not pass on the access data to third parties and will not request them from you by e-mail or telephone.
You are not entitled to register multiple times to use the warrify App. A member’s account is not transferable.
Under no circumstances are you entitled to pass on your access data and in particular your access password to third parties. Should third parties nevertheless gain access to your account or should you have other indications for the misuse of your account, you must inform warrify immediately and change your access data. warrify is not liable for any damages incurred as a result of this.
warrify is entitled at any time to check the information and data provided by you and to refuse the service or the use of the application in case of inaccuracies or incompleteness without giving reasons. By installing the application on your end device and successfully registering, the application is ready for use after acceptance of the terms of use. If the execution of the offered service is started at your request before the expiry of the 14-day withdrawal period of § 11 FAGG (e.g. by adding a receipt), the right of withdrawal shall lapse after legal instruction about these consequences of premature dissolution.

You hereby acknowledge and expressly agree that with the first use of the application the performance of warrify takes place before the expiration of the withdrawal period of § 11 FAGG and thus the loss of the right of withdrawal according to § 18 FAGG is connected.


Termination
You may terminate the Agreement at any time without giving any reason and without notice and by requesting warrify to terminate your access to your User Account with immediate effect. A deletion of your access to the user account does not lead in every case and automatically to the deletion of all relevant data. We refer you to our privacy policy at www.warrify.com/privacy-policy/.
warrify is entitled to terminate or terminate the contract for the use of the application by observing a period of notice of four weeks.
The right to termination without notice for important reasons remains unaffected. warrify can especially terminate the contract without notice if:
you have provided incorrect or incomplete information when registering for the first time,
you are in breach of material contractual obligations, or
you repeatedly violate other contractual obligations and do not omit the breach of duty even after the request of warrify.
If warrify has terminated the contract, you have no right to set up a new account, not even under a different name or other designation.

Use of the Service
To use the service or application and create an account, you must be 18 years of age or older. You represent and warrant that you are a fully contractually capable, natural individual so that you can enter into a binding contract.
In particular, you agree to the following:
You will only use the Service or the Application for private, non-commercial purposes and will not pass it on to third parties;
You will not allow or permit any third party to use your account;
You will not assign, transfer, or otherwise make available your User Account to any other person;
You will not use any third party account;
You will comply with all applicable laws when using the Service or the Application, and you will use the Service and the Application only for lawful purposes;
You will not use the Service or the Application to cause annoyance, harassment or inconvenience or even financial harm to warrify or any Participating Merchant;
You will not interfere with the proper operation of the network;
You will not attempt to damage the Service or Application in any way;
You will keep the password for your user account or any identification we provide to you to gain access to the Service and the Application secure, confidential and secret;
You will provide us with any proof of your identity that we deem appropriate upon first request;
You will not use the Service or the Application with any incompatible or unauthorized device.
In particular, warrify reserves the right to immediately terminate the Service and the use of the Application if you breach any of these essential obligations.
You yourself are responsible for setting up and operating the data network access required for the use of the Service and the Application, as well as for any resulting costs.
You are responsible for the procurement and updating of the compatible hardware or devices that are required for access to the service and the application as well as their updates or for the corresponding use. warrify does not assume any guarantee or liability that the service, the application or parts thereof will function on the respective hardware or devices. In addition, the services and the application may be subject to malfunctions and delays caused by the use of the Internet and electronic communications, for which warrify assumes no responsibility or liability.
It is also your responsibility to check and make sure that you have downloaded the correct and most current application for your device. warrify is especially not obliged to receive older versions of the application or to ensure in any way that they continue to function or are error-free when newer versions of the application are released. It must always be updated to the latest version of the application, in particular to make use of new functions.
In particular, warrify is not liable if you do not have a functioning data network access or compatible mobile device or if you download the wrong application version for your mobile device. warrify particularly reserves the right to terminate the service or the use of the application if you use the service or the application with an incompatible or inadmissible device.

Costs incurred and Payment
The use of the application and the service is free for the user. warrify reserves the right to introduce a fee for the use of the application and/or the service. If warrify decides to introduce such a fee, warrify will inform you of this beforehand within a reasonable period of time of at least four weeks according to point 1.d. warrify will inform you accordingly.
During access and/or use of the Service and the Application, data and connection charges and fees may be incurred by, for example, your mobile network provider, for which you are solely responsible.

License and Restrictions
If you fully comply with these Terms of Use, warrify grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license for the duration of the valid contract: (i) access and use the Application on your own device in connection with the use of the Service; and (ii) access and use privately and non-commercially all content, information and related materials made available through the Application. All rights not expressly granted herein are reserved by warrify and its licensors.
You are not permitted to do so: (i) remove any copyright, trademark or other proprietary notices from any part of the Application; (ii) reproduce, modify, create derivative works from, distribute, license, rent, sell, resell, transmit, publicly perform, transmit, stream, broadcast or otherwise exploit the Application without warrify’s express permission; (iii) decompile, reverse engineer or disassemble the Application except and to the extent permitted by law; (iv) link, frame or mirror any part of the Application; (v) develop or install any programs or scripts for the purpose of scraping, indexing, surveying or other data mining, or to operate or disassemble the Application; (v) create or maintain any software or software that is not in accordance with the terms of this Agreement. unduly restrict or interfere with the operation of any aspect of the Application; or (vi) attempt to gain or interfere with unauthorized access to any portion of the Application and any systems or networks connected thereto.
The Service and the Application and all rights thereto belong to and remain the property of warrify or warrify’s licensors.
Neither these Terms of Use nor the use of the Service shall confer any rights on you: (i) to or with respect to the Service or the Application, except for the limited license granted above; or (ii) for the use of or reference to warrify’s company names, logos, trademarks, other marks, or those of warrify’s licensors.
The Service or Application may also make available or use third party services and/or content (including advertising). You acknowledge and/or agree that other terms of use and privacy policies may apply in this respect. warrify is not responsible or liable for any third party goods, services or content.

User Contents
warrify reserves the exclusive right, in its sole discretion, to grant you permission to submit, upload, publish, or otherwise make available text, audio and/or image content and information to warrify, its affiliates and/or other users through the Applications. This includes, for example, comments and feedback about the products, services or additional offers or services, the Service, support requests and submissions („User Content“).
However, you grant warrify a worldwide, perpetual, irrevocable, transferable, sublicensable and royalty-free license to all User Content, including but not limited to the use, reproduction, distribution, modification, publication, making available, public performance or other use in any format and through any means of distribution. This regardless of whether they already exist and/or are known or only arise or become known later. Use may be made at any time without notice and without the obligation to obtain your permission or make any payment to you or any other person or entity.
You will take care of and be responsible for that: (i) you are either the sole and exclusive owner of all User Content or have all rights, licenses, consents and indemnities necessary to grant warrify the above license to the User Content; and (ii) neither the User Content nor its transmission, uploading, publication or other making available, nor warrify’s use of the User Content, infringes or violates any third party’s intellectual property rights or other third party rights, such as publication rights or third party privacy or data protection rights, or constitutes a violation of any relevant law or regulation. Further, you agree to indemnify and hold warrify harmless from and against any and all damages, losses, damages, or demands made by warrify in this regard.
You agree not to post, transmit, upload, post, communicate, publish or make available any User Content that is libelous, defamatory, vulgar, violent, obscene, pornographic, otherwise objectionable or unlawful, as determined by warrify in its sole discretion, whether or not User Content is protected by law. warrify has the right, without notice to you, to review, monitor and remove User Content at its sole discretion. However, there is no obligation to review, monitor or remove User Content.

Indemnification
You agree to indemnify, hold harmless and hold harmless warrify, its affiliates, licensors, and officers, directors, employees and contractors from and against all claims, demands, costs, damages, losses, liabilities (including attorneys‘ fees and costs) arising out of or in connection with your violation or violation of any provision of these Terms of Use or any applicable law, your violation of the rights of any third party, including participating trading companies, or otherwise arising out of or in connection with your use of the Service and/or the Application.

Exclusion of Warranties and Guarantees
Any warranty of warrify, in particular for the free service and the application, is or is hereby excluded. warrify makes no warranties whatsoever regarding the application and the service and makes no warranty in this respect and gives no guarantee.
Likewise warrify gives no assurance, makes no warranty and gives no guarantee for the services of participating trading companies and partner organizations, for their implementation, quality, suitability or similar. In case of problems with the handling of the warranty, the respective participating commercial enterprise is to be contacted and this alone responsible person.
Provided product images are for illustration purposes only and are symbol images. warrify as well as the respective participating trading company reserve the right to make reasonable deviations from the symbol images.
The service is provided „AS IS“ and „AS AVAILABLE“.
In particular, warrify cannot guarantee that the website, its contents, the service and/or the application are free of errors, defects, malware and viruses or that the website and/or the application are correct, updated and error-free.
In particular, warrify makes no representations or warranties that the Service will be uninterrupted or error-free, or that the Service will be uninterrupted or error-free, and no representations or warranties are made as to the reliability, quality, suitability or availability of the Service or the Application or any other services related to the Service or the Application. Temporary interruptions or errors may occur and the Service or Application may be subject to limitations, faults, delays or other problems.

Disclaimer and Limitations of Liability
With the exception of personal injury, warrify is only liable for damage caused by its organs through intent or gross negligence and excludes any further liability.
In particular, warrify shall not be liable for any damages whatsoever arising out of the use (or inability to use) of the website or the application or service, including damages caused by malware, viruses or any errors or omissions in the information or the website or application.
warrify shall not be liable for indirect damages and consequential damages, including loss of profits, loss of data or personal injury or property damage, arising out of or in connection with the use of the application. warrify shall not be liable for claims for damages and liability or losses arising out of: (i) your use of the application or the fact that you cannot access or use it; and (ii) transactions or relationships between you and any third party.
In particular, warrify shall not be liable for any damages or claims for damages of any third party, including without limitation any damages whatsoever arising out of or in connection with any contract between you and the Participating Partner.
If you contact us regarding a contract or dispute with a Participating Partner, we will refer you to them. Should a participating partner company contact us regarding you or a contract or dispute with you, we will refer this partner to you, but reserve the right to disclose the information regarding you, the corresponding contract or dispute to the participating partner company.
These exclusions and limitations of liability also apply to warrify auxiliaries, their representatives and deputies.
The application may also contain links to other websites. warrify is not responsible for the content of the linked websites and does not assume any liability or guarantee for the accuracy of the content of the linked sites. Also the data protection on the linked pages is not content of these terms of use.

Applicable Law, Place of Jurisdiction and other Provisions
These terms of use are subject to Austrian law to the exclusion of the provisions of international private law.
The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use shall be Vienna/Austria. The same place of jurisdiction applies if you do not have a general place of jurisdiction in Austria, if you move your place of residence or habitual abode out of Austria after conclusion of the contract or if your place of residence or habitual abode is unknown at the time of bringing an action.
Should any provisions of these Terms of Use or the contract be void or ineffective, this shall not affect the effectiveness of the other provisions and the Terms of Use or the contract as a whole. As far as legally permissible, the void or ineffective provisions shall be replaced by such provisions as come closest to their economic purpose.
You may not transfer your rights and obligations under these Terms of Use to a third party without the prior express written consent of warrify.
warrify can inform you, in particular about the service or the application, by general notification or by e-mail to your e-mail address stored in the user account information of warrify.

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)


– An warrify smart product assistance GmbH, Martinstraße 25/4, A-3400 Klosterneuburg, office@warrify.com:


– I/we (*) hereby revoke the contract concluded by me/us (*) concerning the free use of the warrify application and the provision of related services.


– Ordered on (*)/received on (*)


– Name(s) of consumer(s)


– Address of consumer(s)


– Signature of consumer(s) (only for paper communication)


– date


(*) Delete as appropriate.