Terms and conditions

Terms and conditions for the Internet services platform www.safeREACH.com

version 12.11.2019 – (GERMAN)

The companies safeREACH GmbH, Getreidemarkt 11/10, A-1060 Vienna (hereinafter: safeRAECH) and Blaulicht Communications AG, Innere Wiener Str. 14, D-81667 Munich (hereinafter: safeREACH) enable their customers to send notifications to third parties, in particular employees or members of the customer, by means of the “safeREACH” service which can be used via the Internet using various communication channels, in particular a smartphone app with push service, SMS and e-mails.
All services provided by safeREACH for the “safeREACH” service are provided on the basis of the following General Terms and Conditions (hereinafter: GTC), unless safeREACH and the customer agree otherwise for the individual case on the basis of an offer and its acceptance (hereinafter: individual order).

safeREACH is not available to consumers within the meaning of the KSchG.

1. Scope, definitions and how to contact us

1.1 These GTC apply to all contracts that the customer concludes with the service provider in connection with the “safeREACH” service. The customer’s general terms and conditions of business or purchase shall only apply to the service provider if the service provider has expressly agreed to them in writing. These GTC shall also apply exclusively if the service provider performs the services without reservation in the knowledge of conflicting general terms and conditions of business or purchase of the customer.

1.2 The Service Provider may amend these GTC due to changes in the legal situation, case law, market conditions or when introducing or modifying the Services. Amended GTC shall be brought to the attention of the client together with the notification of the amendment. If the client is exclusively placed in a better position as a result of the amendment, the relevant provisions shall already apply as of the notification of the amendment.

In the event of changes to the essential contents of the contract, these shall be deemed to have been accepted upon renewed use of the services affected by the changes, unless the Client terminates the contract within a period of four weeks from notification of the change. The Service Provider shall inform the Client separately of the right of termination and the period of notice to be observed upon notification of a change.

1.3 The Service Provider may be contacted by post at Getreidemarkt 11/10, 1060 Vienna, by e-mail (office@safereach.net ) or by telephone (+43 1 375 75 75 70).

1.4 “Services” means the services available to the customer via the web access “safereach.net” (hereinafter: website) including the associated smartphone app “safeREACH “, which the service provider provides to its customers within the framework of the availability of the safereach system regulated in section 6 of these GTC.

1.5 “safeREACH system” means the messaging and data transmission system accessible via the web access “safereach.net” and stored on servers of the Service Provider or third parties commissioned by BlaulichtSMS, which is available to the Service Provider directly and without the mediation of third parties.

1.6 “safeREACH App” means the mobile application “safeREACH ” created by the Service Provider which enables the sending and receiving of notifications to and from the safereach system on smartphones.

2. Regulations on the conclusion of the contract

2.1 All service-related offers made by the service provider are subject to change and serve to invite the client to submit a binding contractual offer, unless the service provider’s offers expressly provide otherwise. The service provider is entitled to accept service-related offers from the client within two weeks of receipt by the service provider.

2.2 The contractual relationship arises through an offer by the customer using the registration form and acceptance by the service provider through activation of an account and transmission of the access data, consisting of customer number, user name and password. An account is valid exclusively for one customer.

2.3 As part of the registration process, the customer has the opportunity to identify and correct input errors by checking and subsequently correcting the data on the page provided for this purpose before submitting the legally binding offer.

2.4 The service provider is not obliged to accept the offer. Upon request by the service provider, the client must provide suitable proof of his identity by presenting official documents (e.g. photo ID) when registering.
In the case of legal entities, the service provider may also request proof of the authority to sign and represent, for example by submitting an extract from the companies register or the register of associations. The service provider will use this information exclusively for the verification of the specified office in order to exclude any misuse of the services offered.

3. Prices, method of payment and taxes

3.1 All prices are net prices, i.e. exclusive of statutory value added tax. The current prices can be found in the respective overview of services.

3.2 The Service Provider is entitled to adjust the prices once a year at the beginning of the new contractual year to the percentage extent corresponding to the change in the consumer price index published by Statistik Austria or the index replacing it. The reference figure for the contract shall be the calculated index figure for the most recent month which is publicly available in final form at the time of the start of the new contract year.

3.3 The invoice amount is due upon receipt of the invoice. Payment must be received by the service provider within seven days of receipt of the invoice. Thereafter, default shall occur without further reminder. The service provider is entitled to charge the client interest on arrears in the amount of 12%, but at least in the amount of the statutory interest on arrears in the amount of 9.2% above the base interest rate (§ 456 UGB).

3.4 The service provider accepts payment by invoice or SEPA direct debit as the method of payment.

3.5 In the event that the Client participates in the SEPA Direct Debit Scheme and the collection fails due to insufficient funds or a return debit note is issued, the Service Provider reserves the right to pass on the resulting loss to the Client.

3.6 Offsetting with counterclaims or the retention of payments by the customer is not permitted.

4. Copyright, licensing and trademark law

4.1 The design of the website operated by the service provider as well as the mobile applications, their contents, i.e. the source text, the texts, images, graphics, layouts, sounds, animations, videos and databases contained therein, are protected by copyright. Unless third parties have rights to the content, all rights of use and exploitation are reserved in favour of the service provider.

4.2 All contents of the website are subject to copyright. Contributions by users or third parties are marked as such and the respective entitled parties are entitled to intellectual property rights in this respect. Insofar as a user publishes content or information of any kind and in any form on or via the website and is entitled to copyrights or other intellectual property rights in this respect, the user already grants the service provider an unrestricted right of use free of charge, for an unlimited period of time, irrevocably and exclusively worldwide upon publication. The user guarantees that the processing and forwarding of the content and information provided by him/her on the website does not or will not violate the rights of third parties.

4.3 Nothing contained in the Website shall be construed as conferring by implication, estoppel or otherwise any licence or title to any copyright, patent, trade mark or other intellectual property right of the Service Provider or any third party.

4.4 Unless otherwise stated, all trademarks used on the website and mobile applications (including the term and sign “safeREACH”) are protected by trademark law. This applies in particular to company logos and marks.

4.5 In the event that a claim is made against the service provider or other persons involved in the operation of the website or users of the website by third parties for infringement of intellectual property rights, the user to whom the infringement is attributable shall indemnify and hold harmless both the service provider, the person involved in the operation of the website and any affected users upon first request.

4.6 The User undertakes not to take any action or make any effort to have its content published on the Website protected, for example by means of trademark or patent registration applications, or to take action by way of copyright infringement proceedings against the Website, its operators or users of the Website.

4.7 Insofar as users take such actions, they shall fully indemnify and hold harmless the website and its operator for all disadvantages arising therefrom. The rights to which the service provider is entitled or to which it has been assigned also include, in particular, the right to process the data and to pass on non-personal data to third parties (companies and organisations of whatever kind).

5. Obligations of the client

5.1 The client undertakes not to use the services of the service provider

to disseminate offensive, harassing, violent, glorifying violence, sexist, pornographic or racist words, terms or other content,
for the the dissemination of religious or political content,
to disseminate advertising (including so-called spam, i.e. unsolicited mass mailings) or chain letters by e-mail or chats outside the functions made available by the service provider,
for the spying on, or unauthorised disclosure or dissemination of, personal or confidential information of other users or employees of the service provider,
to impersonate an employee of the Service Provider or an affiliate or partner of the Service Provider,
to make available legally protected images, photos, graphics, videos, music, sound files, texts, trademarks, titles, designations, software or other content without the consent of the rights holder(s) or permission by law or legal regulation, as well as
for the the distribution of files containing viruses, trojans, worms or other harmful files.

5.2 Furthermore, the customer undertakes,

to ensure that a continuous functioning connection is established and maintained between safeRAECH and the Customer to ensure the functioning of the safeREACH App features;
to use safeREACH’s services only for the purposes set out and agreed in the contract – any change to the service must be requested in writing;
to ensure that the login data is kept secure, that only registered users have access and that no unauthorised third parties can misuse the account for purposes contrary to the contract.

5.3 The Client is aware that he alone is responsible for the content of the messages sent and for the selection of the recipient group. The service provider has no influence on this. The service provider also accepts no responsibility for whether the messages sent are received – correctly and on time – by the recipient, insofar as an error occurs during message transmission outside the safeREACH system.

5.4 The Client shall indemnify the Service Provider against all claims brought against the Service Provider by third parties and which are based on a breach of the Client’s obligations set out in clause 4 of these GTC.

6. Availability of the services and the app, obligations of the service provider

6.1 The service provider shall initiate each notification order received in the safeRERACH system without delay within the scope of the technical possibilities of the safeREACH system. The customer is aware that the services depend on the provision and availability of networks and transmission paths outside the safeREACH system, which are operated by network operators and/or other third parties that are not under the control of the service provider and for which BlaulichtSMS is not responsible. The service provider therefore only owes the initiation of the message transmission, but not its successful execution.

6.2 The service provider does not guarantee that the services offered will function in whole or in part without interruption and without errors or that they will not contain programming errors.

6.3 In the event of outages, the service provider shall notify the customer without delay and in an appropriate form of the nature, extent and duration of the loss of performance of the safeREACH system, unless this is already known to the customer. Maintenance-related outages will be notified in an appropriate form at least six hours in advance. In the event of a failure of the safeREACH system, the service provider will use its best endeavours to resume or restore the service or availability as soon as possible.

6.4 The service provider does not check the content of the Client’s messages during the automated transmission, processing and/or conversion. There is therefore no checking for errors or illegal content – neither under legal, factual, logical aspects nor under the aspect of completeness.

6.5 The service provider shall endeavour to make the safeREACH app available for the respective current versions of the operating systems IOS and Android on the respective platforms of the providers. However, the service provider assumes no responsibility for ensuring that the respective provider actually maintains the app, in particular deletes it from the platform. The service provider may change the appearance and functions of the safeREACH app at any time. There is no entitlement to the maintenance of certain functions. However, the service provider will ensure that any special functions that have already been paid for are available during the booked term.

6.6 The service provider is not obliged to provide the service if the service provider is prevented from doing so by force majeure. The term “force majeure” includes in particular: government intervention, strikes, terror or terrorist threats, operational disruptions, disruptions to the energy supply, disruptions to the telecommunications facilities of third parties, non-compliance or late compliance by suppliers of the Service Provider or other third parties engaged by Blue Light SMS and any other circumstances which could not reasonably have been avoided or prevented by Blue Light SMS, thereby impeding the normal performance of the Agreement.

7. Liability

7.1 The service provider is responsible for initiating the transmission of the message as described in section 5, but not for its successful execution. The service provider therefore accepts no liability in the event of non-delivery, partial delivery and/or late delivery of the (electronic) messages of whatever type and by whatever means to the recipient(s) and any disadvantages of any kind resulting therefrom.

7.2 The service provider has no influence on the content or the selection of recipients of the messages sent by the client. The service provider does not send any messages itself. The service provider is therefore not responsible for the content of the forwarded messages as a conduit within the meaning of Section 13 of the E-Commerce Act (ECG) and the service provider is not obliged to check the data sent by the customer.

The Service Provider does not warrant that its Service and the Client Content are accurate, current or suitable to fulfil the purpose expected by the Client.

7.3 The above exclusions of liability shall not apply in the scope of application of the Product Liability Act or for damages arising from injury to life, limb or health. Nor do they apply in the event of intent or gross negligence on the part of the service provider, its legal representatives or vicarious agents. The client must prove the existence of gross negligence.

7.4 Liability for lost profits, lost savings, lost data, indirect and consequential damages as well as damages from third party claims are excluded and the service provider’s liability to pay compensation for each event causing damage is limited to EUR 10,000 vis-à-vis the individual injured party and to EUR 300,000 vis-à-vis all injured parties, unless mandatory law provides otherwise. If the total damage exceeds the maximum limit, the claims for compensation of the individual injured parties shall be reduced proportionately.

7.5 Any claims for damages shall be asserted in court within 12 months after the occurrence of the damage, otherwise they shall be precluded..

7.6 Statutory limitations of liability shall remain unaffected.

7.7 As already stated in section 7.2, the service provider only acts as a mere conduit within the meaning of § 13 ECG. Therefore, only the customer is liable for the content (correctness and completeness) of the transmitted information. The customer shall therefore indemnify and hold the service provider harmless if the service provider is held responsible by third parties, authorities or courts for this content or the circumstance of mere forwarding, even if this claim is made in contravention of Section 13 ECG.

8. Confidentiality

The Parties shall treat as confidential vis-à-vis third parties all information of which they become aware in connection with this Agreement from the respective other party and which is marked as confidential or which by its nature is manifestly confidential. In particular, information about the economic circumstances of the Client and of the Client’s clients, as well as technical information about the services of the Service Provider and third-party components contained therein shall be deemed confidential. Such confidential information is excluded from this obligation,

a) which was demonstrably already known to the receiving party at the time of conclusion of the contract or subsequently become known to it from a third party, without thereby violating a confidentiality agreement, statutory regulations or official orders;
b) which is public knowledge at the time of the conclusion of the contract or is made public thereafter, insofar as this is not based on a breach of this contract;
c) which is required to be disclosed by law or by order of a court or public authority. To the extent permissible and possible, the parties shall inform each other in advance and give each other the opportunity to oppose disclosure.

9. Data protection, commissioned data processing

9.1 The Service Provider shall take all data protection and data security measures required under the applicable data protection regulations.

9.2 The GTC apply to all legal relationships within the scope of the use of safeREACH, whether via the domain, subdomains belonging to this domain, in particular also via applications, for example for smartphones. By accessing or using services offered by the service provider and registering for them, customers expressly accept the binding nature of these GTC and the information on data protection (https://www.safereach.net/datenschutz/).

9.3 If the Service Provider uses third parties for the provision of the Services, the Service Provider may pass on the Client’s personal data to the third party if and to the extent that this is necessary for the provision of the Services and the third party sufficiently undertakes vis-à-vis the Service Provider to comply with the provisions of data protection law.

10. Newsletter

The service provider only collects and processes telecommunication data in accordance with § 96 Telecommunications Act 2003 (TKG). However, the customer agrees in accordance with § 96 para 2 2nd sentence TKG that BlaulichtSMS may carry out his data for the purpose of marketing communication services or the provision of services with additional benefits as well as other transmissions until revoked at any time. The service provider will collect, process and use such data and personal data only for its own marketing, advertising, statistical and consulting purposes (e.g. preferred tariff zone, sales volume, preferred times of day etc).

11. Duration of the contract, termination of the contractual relationship

11.1 The contract is concluded for an indefinite period. The contracting parties may terminate the contract by giving three months’ notice to the end of the contractual year.

11.2 The Service Provider and the Client are also entitled to terminate the contract extraordinarily in accordance with the statutory provisions. An extraordinary right of termination exists in particular if

  • the customer is in default with a payment obligation arising from the contractual relationship;
  • an application is made to open insolvency proceedings against the customer’s assets or such an application is rejected for lack of cost coverage;
  • the customer has breached its obligations under clause 5 of these GTC.

12. Final provisions

12.1  Contracts under these GTC shall be governed exclusively by Austrian law, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction shall be the competent court in Vienna.

12.2  There shall be no verbal collateral agreements. All agreements, subsequent amendments or supplements must be in writing in order to be valid. This shall also apply to any waiver of the written form requirement.

12.3 The customer shall notify any changes of address without delay. Documents shall be deemed to have been received by the customer if they have been sent to the customer’s last known address.

12.4 Should any of the provisions of these GTC be or become invalid or unenforceable, the invalidity or unenforceability of one or more contractual provisions shall not affect the validity of the contract as a whole, unless the invalid or unenforceable provisions are of such essential importance for the contract that it can reasonably be assumed that the parties would not have concluded the contract without the invalid or unenforceable provisions. The same shall apply to the existence of a loophole.