For the vonRoll hydro ag website/exclusion of liability

1. These websites contain general information relating to the vonRoll hydro Group and its products and services, as well as information of a financial nature. Although vonRoll hydro endeavours to provide correct and complete information, names, figures, photographs, logos, documents and materials (hereinafter referred to as "content"), vonRoll hydro assumes no liability for how correct, complete, up to date, legitimate and useful this content is and likewise assumes no liability for the on-time provision of content that is made available via the websites or for their suitability for a specific purpose. Individual products or services mentioned on these websites may not be available in your country, or may not be available immediately. Such a mention of individual products and services shall not mean that vonRoll hydro intends to market the products and services in question in your country. The content on these websites shall neither be considered binding quotations nor instructions relating to the use of the products and services from vonRoll hydro. Neither will vonRoll hydro provide any guarantee on these sites, in particular any guarantee in relation to customary quality, availability at short notice or the suitability of the products and services from vonRoll hydro for specific purposes. All content which is included on these websites or to which reference is made here should only be considered general information. vonRoll hydro must be contacted directly for specific advice relating to our products and services as well as for financial information.

2. vonRoll hydro has taken great care to ensure that the content it provides is correct and up to date. ­However, we provide no guarantee, neither express nor implied, that the content included on these sites or to which reference is made here is correct or complete. vonRoll hydro, and its subsidiaries and associated companies, exclude any liability for direct or indirect, immediate or subsequent loss or damage resulting from the use of said content, including liability for consequential damage resulting from inappropriate, unnecessary or disadvantageous investments or expenses.

3. These websites also contain content from third parties and links to other websites. We do not accept any responsibility for this kind of information provided by third parties. Furthermore, we have no knowledge of the information contained on other websites and do not accept any responsibility for such information.

4. All content on these websites is, as far as possible, protected by copyright and it should be assumed that the use thereof is only permitted with the prior written approval of vonRoll hydro. "vonRoll hydro" and all product names are the property of vonRoll hydro.

5. We reserve the right to change the content of these websites in any way, at any time, for any reason and without providing advance notice, and we reject any liability for potential consequences resulting from such changes.

6. vonRoll hydro shall not assume any liability for ensuring up-to-date, fault-free and uninterrupted access to its websites. vonRoll hydro shall likewise not assume any responsibility for and shall reject all liability for damage caused by viruses that may have infected the computer equipment or other property when a user visits these websites or starts to download any materials, data, text, images, video or audio from these sites.

7. These Terms and Conditions are subject to Swiss law and must be interpreted, enforced and complied with in accordance with the material law which applies in Switzerland. The Commercial Court of Zurich is responsible for all disputes arising from or in connection with these terms of use.

 

For INFRAPORT and Tell

These Terms of Use, hereinafter also referred to as ,TOU', describe the rules under which INFRAPORT and TELL are used.

 

1. Scope of Application

1.1 These TOU apply to all CONTRACTUAL PARTNERS of INFRAPORT and TELL (hereinafter both collectively referred to as 'INFRAPORT') and its ADMINISTRATORS, as well as the persons authorized by them or their ADMINISTRATOR to access or logged in under their means of identification, hereinafter collectively and individually also referred to as 'USER'.

 

2. scope of services

2.1 INFRAPORT is a service provided by vonRoll hydro (suisse) ag, hereinafter also referred to as "VRHS", with its registered office in Zug, Switzerland.

2.2 The current range of services is shown at infraport.world/infraport. VRHS reserves the right to change the range of services at any time.

 

3. Access to INFRAPORT

3.1 CONTRACTOR shall designate an ADMINSITRATOR who is authorized to create USERS authorized by CONTRACTOR within the scope of CONTRACTOR's INFRAPORT contract and to assign different authorizations to them.

3.2 Access is granted under infraport.world by means of an Internet provider chosen by the CONTRACTUAL PARTNER, its ADMININSTRATOR or its USER itself (e.g. Swisscom) by entering the following means of legitimation:

• Username and
• password.

3.3 The user names correspond to the e-mail addresses communicated in the INFRAPORT contract. Passwords shall be delivered by VRHS to the e-mail addresses provided by the CONTRACTUAL PARTNER. VRHS may provide specifications on acceptable passwords. CONTRACTOR and USER acknowledge and agree that they are solely responsible for the use of the credentials and that VRHS does not control their use.

3.4 The INFRAPORT contract is concluded by the initial registration with the password sent by VRHS to the USER.

3.5 Anyone who has legitimized himself in accordance with the above Section 3.2 is deemed to be the authorized user vis-à-vis VRHS and the other INFRAPORT USERS. The USER is solely responsible for the use of INFRAPORT.

3.6 CONTRACTOR unconditionally acknowledges all transactions made under INFRAPORT using its means of legitimation, those of its ADMINISTRATOR(S) or its USER(s).

 

4. Duties of Care of the USER

4.1 The USER is obligated to change the first password provided to him by VRHS immediately upon receipt and thereafter on a regular basis. The password must not consist of easily ascertainable combinations, but must meet the following minimum requirements: At least 8 characters (max. 30) consisting of lower and upper case letters, numbers and special characters (example 'D-infra34Port').

4.2 All means of identification must be kept secret and stored securely.

4.3 If there is reason to fear that unauthorized third parties have gained knowledge of one or more means of identification, the USER shall immediately change the corresponding means of identification or have it blocked.

4.4 The USER shall oblige all further persons authorized by him to observe the same diligence.

 

5. Use of INFRAPORT

5.1 VRHS grants the USER the non-exclusive, non-transferable right to use INFRAPORT for his own internal purposes, limited in time and place, against payment, in accordance with the provisions of these TOU.

5.2 The USER's right of use is locally limited to the use in the country of his registration. The right of use exists for the duration of the contract and under the condition that the contractually owed payments are made in full in each case.

 

6. Backup and Archiving of INFRAPORT Data

6.1 The backup and archiving of the CONTRACTUAL PARTNER's data shall be carried out by VRHS on servers in Switzerland.

6.2 Upon termination of the INFRAPORT contract, the USER shall receive a copy of his data on a common format determined by VRHS.

 

7. License Fee

7.1 The license fee and its due date are based on the current price list, which is published on infraport.world/pricing.

7.2 If INFRAPORT usage exceeds a completed license, the license rights and fee will be adjusted automatically.

7.3 Any communication costs shall be billed separately and additionally to the CONTRACTOR.

 

8. Warranty

8.1 VRHS does not warrant the accuracy or completeness of the data, information, communications, etc. (hereinafter collectively and individually referred to as 'Data') maintained by INFRAPORT.

8.2 The USER is solely responsible for the correctness and completeness of the data entered.

8.3 Any data of VRHS or third parties accessible via INFRAPORT are not binding and in particular do not constitute binding offers unless they are expressly marked as such.

8.4 VRHS excludes all warranty claims to the extent permitted by law.

 

9. Liability

9.1 VRHS is liable only for direct damage caused intentionally or by gross negligence by the persons acting and authorized to act on behalf of VRHS (hereinafter referred to as 'PERSONS').

9.2 Liability for vicarious agents and auxiliary persons is excluded in full.

9.3 In case of negligent violation of essential contractual obligations VRHS is only liable for the foreseeable, typical damage caused to the USER by its persons. Liability under this paragraph shall in any event be limited to the amount of the five most recent annual fees paid by USER under this TOU. Essential obligations according to this paragraph are obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the fulfillment of which the CONTRACTUAL PARTNER may rely. In all other respects any liability of VRHS due to the conduct or omission of its persons, auxiliary persons and subcontractors for negligence is excluded.

9.4 In no event shall VRHS be liable for indirect and/or consequential damages such as loss of profits, third party claims, etc.

9.5 VRHS assumes no liability for terminal equipment of the USER or third parties (e.g. computer, cell phone, etc.), for or resulting from the technical access to INFRAPORT as well as for any goods or services of third parties offered or distributed via INFRAPORT.

9.6 INFRAPORT is made available via open networks that are generally accessible to everyone. VRHS assumes no liability for any damages resulting from the use of these networks. In particular, VRHS shall not be liable for damages incurred by the USER and/or third parties as a result of transmission errors, technical defects, malfunctions, interruptions and delays (in particular also in processing), illegal interference with or overloading of the facilities of network and/or telecommunication operators, wilful blockage of electronic access, malfunctions, interruptions or other inadequacies on the part of network and/or telecommunication operators and/or as a result of force majeure (e.g. warlike conflicts).

9.7 VRHS reserves the right, upon discovery of security risks, to interrupt and/or block access to INFRAPORT at any time and for such period as VRHS deems necessary, without notice, until such risks are corrected. VRHS is also entitled to interrupt access for maintenance work. VRHS shall not be liable for any damages resulting from such interruptions or blockages.

 

10. IP Rights to INFRAPORT

10.1 All copyrights, trademarks and other intellectual property rights in INFRAPORT (in particular designs, concepts, portals and software) as well as in other related services and installations (in particular consisting of the IT infrastructure including network, servers, operating systems, storage, etc. as well as the software applications running thereon including the respective source material) are the unrestricted and exclusive property of VRHS or its licensors.

10.2 The USER is not entitled to make the contractual services available to third parties without the prior written consent of VRHS.

10.3 VRHS is exclusively entitled to operate INFRAPORT worldwide.

 

11. Handling of INFRAPORT Data

11.1 VRHS shall handle INFRAPORT data with the care customary in business. VRHS shall protect such data from misuse and loss and shall take the necessary technical and organizational measures to that end in accordance with the Federal Data Protection Act. However, VRHS shall not be liable for any violation of data protection regulations if such violation is the result of unlawful and/or unauthorized access and/or manipulation by third parties and/or the USER or is the result of force majeure.

11.2 VRHS does not provide third parties with information on INFRAPORT data of the USER. This shall be without prejudice to legally justified claims for surrender.

11.3 The USER is solely responsible for the legality, correctness and completeness of the data used and passed on by him.

11.4 The USER is solely entitled to his INFRAPORT data and may at any time request VRHS to return individual or all data (in a common format determined by VRHS). VRHS shall not have any retention rights, but shall be entitled to make a copy for possible evidentiary purposes.

11.5 If it is necessary for the development and/or maintenance of INFRAPORT, VRHS is entitled to process INFRAPORT data of the USER and to pass it on to development partners. The development partners are subject to the same data protection regulations as VRHS.

11.6 The USER agrees that VRHS may process his data anonymously for internal statistical purposes.

 

12 Security

12.1 VRHS shall take appropriate precautions against loss of data and to prevent access by unauthorized third parties to the USER's INFRAPORT data.

12.2 Due to the encryption used, it is generally not possible for unauthorized persons to view the INFRAPORT data. Nevertheless, even with all state-of-the-art security precautions, no absolute security can be guaranteed.

12.3 The USER is aware of the following risks in particular and shall bear the consequences thereof:

• insufficient system knowledge of the USER
• insufficient security precautions on the part of the USER
• unlawful access (hacking) to the USER's system environment
• consequences of damage to INFRAPORT by computer viruses and similar events at the USER.

 

13. lock

The USER may request the blocking of INFRAPORT access only during the usual service hours of the hotline. Unblocking may only be requested by the USER and must be submitted in writing to VRHS or electronically to support@infraport.world.

 

14 Involvement of third parties

14.1 As provider and operator, VRHS is entitled to involve third parties for the operation, maintenance and further development of INFRAPORT.

 

15 Termination

15.1 The USER may terminate the INFRAPORT contract at any time. The USER shall not be entitled to a pro rata refund of the license fee already paid.

15.2 VRHS is entitled to terminate the INFRAPORT contract with 30 days notice to the end of any month.

15.3 If a USER violates this contract in a serious way, especially by not paying the due license fee in time or by violating intellectual property rights, VRHS is entitled to terminate the INFRAPORT contract without notice and to block the access.

 

16 Changes to the Terms of Use

16.1 VRHS reserves the right to change these TOU at any time (in particular the range of services and prices). The corresponding publication will be made on infraport.world.

 

17 Applicable Law, Place of Jurisdiction and Final Provisions

17.1 These TOU are governed exclusively by Swiss law without its conflict of law provisions.

17.2 The place of jurisdiction for all disputes in connection with these TOU is the registered office of VRHS. VRHS is entitled to sue the USER at his place of residence/registered office.

17.3 These TOU are written in different languages. In the event of contradictions, the German version shall generally prevail.

17.4 These TOU shall apply as of 01.07.2022 and shall replace all previous versions as of this date.

 

For DATAONLY

These Terms of Use, hereinafter also referred to as 'TOU', describe according to which rules and by whom DATAONLY is used.

 

1 Scope of application

1.1 These TOU shall apply to all buyers and/or users (hereinafter both together referred to as 'USER') who have purchased and/or use one or more products of the product systems ORTOMAT and ALTECNO (hereinafter referred to as 'PRODUCT') according to the respective current and previous catalogs (published at www.infraport.world/dataonly). The right to supplement/change the product system range is reserved.

1.2 With the purchase of a PRODUCT the USER acquires a DATAONLY license for 3 years, which can be renewed and extended. With the commissioning of the PRODUCT, the USER accepts the TOU in its currently valid version (published on www.infraport.world/dataonly).

 

2. Scope of Services

2.1 DATAONLY is a service provided by vonRoll hydro (suisse) ag, hereinafter also referred to as, VRHS', located in Zug, Switzerland.

2.2 DATAONLY consists of the transfer of the data generated by the PRODUCT (hereinafter 'DATA') to the USER's system environment during the DATAONLY period of use agreed with the USER in each case. In the absence of any other agreement, the period of use shall be 3 years. The period of use may be renewed and extended

2.3 VRHS reserves the right to modify the service offer at any time

 

3. Use of DATAONLY

3.1 In accordance with the provisions of these TOU, VRHS grants the USER the non-exclusive, non-transferable right, limited in time and place, against payment, to use DATAONLY for his own purposes

3.2 The USER's right of use is locally limited to the use in the country of his registration. The right of use exists for the duration of the contract and under the condition that the contractually owed payments are made in full in each case.

 

4. Backup and archiving of DATAONLY Data

4.1 The backup and archiving of DATA is the sole responsibility of the USER.

 

5. License fee and costs

5.1 The fee for the DATAONLY license is due for the entire period of use and is payable in advance. The amount of the license fee shall be based on the price list applicable at the beginning or at the time of renewal of the use, which is published on www.infraport.world/pricingdataonly.

5.2 Any communication costs shall be invoiced separately and additionally to the USER.

5.3 For the installation and commissioning of DATAONLY a compensation is due, which will be invoiced separately and according to time and effort.

 

6. Warranty

6.1 VRHS does not warrant the accuracy or completeness of the DATA generated by DATAONLY.

6.2 The USER is solely responsible for the correctness and completeness of the DATA..

6.3 VRHS excludes all warranty claims to the extent permitted by law

 

7. Liability

7.1 VRHS is liable only for direct damage caused intentionally or by gross negligence by the persons acting and authorized to act on behalf of VRHS (hereinafter referred to as 'PERSONS').

7.2 Liability for vicarious agents and auxiliary persons is excluded in full.

7.3 In case of negligent violation of essential contractual obligations VRHS is only liable for the foreseeable, typical damage caused to the USER by its persons. Liability under this paragraph shall in any event be limited to the amount of the five most recent annual fees paid by USER under this TOU. Essential obligations according to this paragraph are obligations whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance the USER may rely. In all other respects VRHS shall not be liable for negligence on account of the conduct or omission of its persons, auxiliary persons and subcontractors.

7.4 In no event shall VRHS be liable for any indirect and/or consequential damages such as loss of profits, claims of third parties, etc.

7.5 VRHS shall not be liable for end devices of the USER or third parties (e.g. computer, cell phone etc.).

7.6 DATAONLY is provided via open networks which are basically accessible to everyone. VRHS shall not be liable for any damages arising from the use of these networks. In particular, VRHS shall not be liable for damages incurred by the USER and/or third parties as a result of transmission errors, technical defects, malfunctions, interruptions and delays (in particular also in processing), illegal interference with or overloading of the facilities of network and/or telecommunication operators, wilful blockage of electronic access, malfunctions, interruptions or other inadequacies on the part of network and/or telecommunication operators and/or as a result of force majeure (e.g. warlike conflicts).

7.7 VRHS reserves the right, in the event that security risks are identified, to interrupt and/or block the use of DATAONLY at any time and for the duration VRHS deems necessary, without prior notice, until such risks are remedied. VRHS is also entitled to interrupt access for maintenance work. VRHS is not liable for any damages resulting from such interruptions or blocks.

 

8. IP rights to DATAONLY

8.1 All copyrights, trademarks and other intellectual property rights in DATAONLY (in particular designs, concepts, portals and software) as well as in other related services and installations shall be the unrestricted and exclusive property of VRHS or its licensors.

 

9. Handling of DATAONLY data

9.1 The USER shall be solely responsible for the safe, correct and lawful use of the DATA and shall in particular observe the applicable legal provisions of the relevant jurisdictions

9.2 VRHS shall not be liable for any breach of data protection regulations, if such breach is the result of unlawful and/or unauthorized access and/or manipulation by third parties and/or the USER or is the result of force majeure

 

10. Security

10.1 The USER shall take suitable precautions against loss of data and to prevent access to its DATA by unauthorized third parties

10.2 Due to the encryption used, it is generally not possible for unauthorized persons to view the DATA. Nevertheless, even with all state-of-the-art security measures, absolute security cannot be guaranteed.

10.3 The USER is aware of the following risks in particular and shall bear their consequences:

• insufficient system knowledge of the USER
• insufficient security precautions on the part of the USER
• unlawful access (hacking) to the USER's system environment
• consequences of damage to DATAONLY caused by computer viruses and similar events at the USER.

 

11. Involvement of third parties

11.1 VRHS shall be entitled, at its sole discretion, to engage third parties to fulfill its obligations.

 

12. Commencement, termination and renewal of DATAONLY

12.1 DATAONLY shall commence upon commissioning and shall be concluded for a definite period of time. The contract shall terminate automatically at the end of the contract agreed upon in each case, for the first time after the expiration of 3 years since the first commissioning.

12.2 Upon termination of the DATAONLY Agreement, the transfer of DATA to the USER's system environment shall also end simultaneously and automatically.

12.3 If the agreement is not to end as agreed, but is to be extended without any gaps, the USER shall extend DATAONLY for a further specified period no later than 8 weeks prior to the end of the agreement. Should a USER violate DATAONLY in a serious way, in particular by not paying the due license fee, costs and/or by violating property rights in due time, VRHS shall be entitled not to renew or to block DATAONLY. There shall be no pro rata claim for repayment of the license fee already paid.

 

13. Changes to the Terms of Use

13.1 VRHS reserves the right to modify these TOU at any time (in particular the range of services and prices). The corresponding publication will be made on www.infraport.world/dataonly.

 

14. Applicable law, place of jurisdiction and final provisions

14.1 These TOU shall be governed exclusively by Swiss law without regard to its conflict of law provisions.

14.2 The place of jurisdiction for all disputes in connection with these TOU is the registered office of VRHS. VRHS is entitled to sue the USER at his place of residence/registered office.

14.3 These TOU are written in different languages. In the event of contradictions, the German version shall prevail.

14.4 These TOU shall apply as of 01.07.2022 and shall replace all previous versions as of this date.