The adopted General Terms and Conditions of Use for the Printbox Service arrange the provision of communication, multimedia and information services, as well as access to Printbox services and tools provided by smartGIS e.U., Lakeside B01/a, 9020 Klagenfurt, Austria, which are presented in detail below.
The terms used in this document shall have the following meanings ascribed to them:
“Cloud Computing” is a model of computer services for enabling a convenient, locally unrestricted online, on-demand access to a shared pool of configurable computing resources (e.g. networks, servers, storage, applications, tools and services). Cloud computing is a way of delivering IT services with justified potential for increasing cooperation, flexibility of operations and availability of computational resources. It enables the company to reduce costs through optimised and efficient computing. Cloud computing envisages a universe which ensures maximum adaptability and upgradeability for the users – the components in the cloud can be obtained, implemented or removed, whilst the model of allocation and on-demand use ensures that their scope can be expanded or reduced in the shortest possible time and without significant entry costs.
“Software as a Service (SaaS)” is a service which provides the complete infrastructure with applications and settings for its operations. A user of this service model only needs an Internet browser or a similar client application service and Internet access – everything else is provided by the service provider.
“Printbox Service” or “Printbox System” is a computer service for printing preloaded contents from the cloud, which is aimed at consumers and companies that require access to printing services in publicly accessible locations or public spaces. The service is provided by smartGIS e.U., Lakeside B01/a, 9020 Klagenfurt, Austria.
“Printbox Tools” or “Tools” is a collection of application tools which enable using the Printbox service and managing user accounts on mobile devices and desktop computers or laptops.
“Manager” is smartGIS e.U. with a registered address at Lakeside B01/a, 9020 Klagenfurt, Austria.
“Price List” is the price list for Printbox services, which is published on every Printbox kiosk, in the Android application and online at at.printbox.net.
“Kiosk” or “Printbox Unit” is a device which provides Printbox services, especially printing at public places.
“User” is a natural or legal person or a sole trader who has registered with the Printbox service. The service may also be used without registration.
“User Interface” is a software solution with an author’s form and coordinated functionality, which allows the users to access data and Printbox services.
“User Account” is a collection of information which allows identification of a registered user, provides access to Printbox services and stores contents in the cloud.
“Printbox PIN” is a personal identification number which the user receives upon their registration with the Printbox service; this PIN is used to log into their user account.
“Printbox credit” is the payment unit for Printbox services.
“Kiosk Location” or “Location” is a publicly accessible place at which a Printbox kiosk is located to provide services to users.
“Website” is the website of the Manager of at.printbox.net.
“User session” is time period, which starts when registered or non-registered user successfully logs into part of user interface, that enables Printbox credits purchase and document printing, and finishes with log out from this part of user interface.
“Personal Data” is personal user data which is necessary for registration with the Printbox service and participation in marketing and communication activities (prize competitions and other promotional activities).
“Uploaded Content” or “Uploaded File” is photography, material, files or any other kind of documentation which users of the Printbox service upload to their user account.
In order to use the Printbox service and the website at.printbox.net, users have to agree with the General Terms and Conditions of Use for the Printbox Service (hereinafter referred to as “the Rules”). Accepting the Rules is the condition for using the Printbox service and the website at.printbox.net. The Manager of the Printbox service reserves the right to change the Rules at any time and without prior notification. It is the responsibility of the user to keep track of these changes and inform themselves thereof every time they log into the Printbox system to use the service. Any further use of the Printbox service after such changes have been published means that the user consents to these changes. For users who have concluded an agreement with the Manager of the Printbox service (hereinafter referred to as “the Manager”), these Rules (i.e. the version applicable at the time of submitting their order) represent the integral part of contractual provisions. By accepting the Rules, the user undertakes to act in accordance with them.
Users have to register before they first log into the Printbox system. At the time of registration, a user has to be 15 years of age or more. To register, the user has to provide an existing and valid e-mail address and enter a password which they choose themselves (the chosen password must contain letters and numbers and has to contain at least four (4) characters). Users must fill in the mandatory fields at the time of their registration. They receive their PIN by e-mail as one of the options for subsequent access to the Printbox service. They can also access it if they press the “Help” button on the Printbox kiosk or online at at.printbox.net (after logging into their user account and choosing the menu “SETTINGS”). Users must fill in all of the mandatory fields with their real data. Assuming the identity of another person is a criminal offence. Users can register and log into their user account at at.printbox.net or at any Printbox unit in Austria.
The Printbox service uses a public Internet network for its operations, which is usually provided by the owner or tenant of the location. The user accepts the fact that Printbox services depend on the operation of the public Internet network and the Manager takes no responsibility for its operation. The Manager shall in no event act as a direct provider of Internet access, electrical energy or other communication services.
The Manager shall ensure access to the Printbox kiosks by concluding individual agreements with location owners, in accordance with the actual and legal constraints determined by the location owner (schedule, opening hours, house rules, etc.). When accessing the Printbox service, the user shall accept the aforementioned constraints, as defined by each location owner. The Manager may, but is not obliged to, publicly announce individual changes of access restrictions.
The Manager reserves the right to upgrade, amend, change or abolish additional, supplementary and other services without being obliged to inform the users thereof in advance.
The Manager may change the settings which are necessary for using the Printbox service, as well as any other parameters. The Manager shall inform the users of their new form or content at least three (3) days prior to the intended change by sending an e-mail, providing information on information screens or publishing the information at at.printbox.net.
The Manager undertakes to ensure access to their website with the possibility to manage user accounts by using at least one of the two web browsers with the biggest market share in Austria.
The user has been informed and agrees that:
Non-operation or inappropriate operation of any part of the equipment may cause disturbances or non-operation of the Printbox service. Disturbances or non-operation of the Printbox service may also occur as a result of upgrading or modifications to the equipment or network. The Manager shall endeavour to inform the users thereof by using their communication channels.
During the opening hours of the Manager (which are published on the website), the Manager of the Printbox service shall provide professional assistance and technical support on using the website to all visitors and registered users of the Printbox service.
Users may contact the Manager by sending an e-mail or calling the contact number; both are published on individual Printbox units and on the website at.printbox.net.
The user undertakes to use the Printbox units, the website, services and other Printbox tools at their own risk. The Manager shall not be responsible for any loss, damage, disposal or changes to the data printed, sent, received, forwarded or stored by the user whilst using the Printbox service.
In the event that the user’s content does not comply with the Rules provided hereunder or the applicable legislation, anybody can inform the Manager thereof by sending an e-mail to info-at@printbox.net, wherein they shall provide accurate information on the disputed files (i.e. the name and location of the file) and the reason for their complaint. The Manager shall examine their complaint and act accordingly; if necessary, the disputed file shall be removed. In relation thereof, the Manager reserves the right to erase, censor or change the stored files, that is, if the Manager believes that the content as a whole, or a part thereof, is inappropriate or breaches these Rules or could represent a violation of the applicable legislation.
The Manager reserves the right to reject the user’s registration or reject their payment of credits if the Manager believes this would harm their interests. The Manager reserves the right to determine this at their sole discretion, especially in cases but not exclusively – user accounts creation with a non-existent email addresses in order to obtain Printbox benefits. The Manager of the Printbox service shall also reserve the right to remove those users from the Printbox system who have breached the Rules provided hereunder or who have in any other manner harmed the Printbox service, their managers or owners (i.e. if the user has uploaded contents into the Printbox system which do not comply with these Rules or the applicable legislation). The Manager reserves the right to determine this at their sole discretion.
The Manager of the Printbox service shall reserve the right to change the functionality of the service and user experience. Since the Manager cannot guarantee that users will be able to access their contents stored in the cloud, nor can the manager guarantee the integrity of the content, users are recommended to store their contents and photographs on their own media if they want to use these materials for other purposes later on. Furthermore, the Manager shall accept no responsibility for the veracity, correctness and legality of the contents uploaded to the Printbox system by users or business partners.
The Manager shall be liable solely for damages caused by gross negligence or wilful misconduct. The Manager and its owners shall not be held liable for any direct or indirect damages, including possible lost profit which would occur as a result of interrupted access, untimely delivery of service, non-operation of an individual terminal or errors in the functioning of the website, nor shall they guarantee the successful use of this website. The Manager shall in no event be held responsible for any damages resulting from the use or inability to use the Printbox service, including and without limitation lost profit or expected profit, loss of good name, loss of transactions, loss of data, computer error or faulty operation or any other loss events. Should the Manager deem this necessary, they shall reserve the right to interrupt the provision of the Printbox service at any time, for any reason and for the required time without providing a prior announcement of such interruption. The user agrees that in no event shall they be entitled to claim compensation from the Manager which would exceed double the amount of their credit on the day when the Printbox service was unavailable or the service was carried out in a faulty manner. The Manager shall in no event be liable for non-operation of an individual Printbox terminal. The user is aware of the fact that they have several Printbox terminals at their disposal to use the service.
In the event that the Manager provides, markets or offers in any other manner third party services (vouchers, coupons, printed materials, software, communication and other services, etc.), the provision of such services or equipment shall be arranged with the General Terms and Conditions or, as the case may be, the terms and conditions of third parties. The user undertakes to comply with the terms and conditions of third parties which are related to their services. The Manager shall not be liable for the correctness, validity or compliance of the rules by third parties.
Although the Manager shall respect the privacy of their users and treat all of their contents and data as private, the Manager cannot guarantee full protection (i.e. privacy) of user data. The Manager shall endeavour to ensure the users’ contents remain private in accordance with the Manager’s technical capabilities and the applicable regulations.
Upon registration with the Printbox service (at at.printbox.net or at any Printbox unit in Austria), the user shall receive the Printbox PIN to their e-mail address (entered during the registration process). The user shall regularly check and protect their chosen e-mail address for sending contents to their user account and possible other data regarding the operation and use of the Printbox service. Furthermore, the user undertakes to store the Printbox PIN, as assigned to them by the Printbox service, as a business secret to be used exclusively by the respective user.
The user undertakes to inform the Manager if they suspect an unauthorised person has used their password. The Manager shall enable the user to change their user password free of charge. (Following the user’s request, the Manager shall provide them with an Internet link at which they can change their user password themselves.)
The user undertakes to protect their user password and occasionally change it. The Manager shall assume no responsibility for any misuse of the user’s password, but shall act accordingly and immediately after receiving the user’s notice of a suspected misuse.
By accepting these Rules, every user of the Printbox service allows the use and processing of their submitted personal and other data for the purpose of operation of the Printbox service and sending electronic mail in accordance with Article 13 of these Rules. The Manager undertakes to use such data only for the purpose for which they have been obtained. By completing the registration process, the user acknowledges that they have been informed of the treatment of personal data in the Printbox system and agrees that the Manager processes and stores their data until revocation. Users may revoke the right to use their personal data by sending an e-mail to info-at@printbox.net. The revocation shall be effective within 48 hours after receiving the request for revocation by email to info-at@printbox.net. User data shall be stored and processed in a manner and for the period with a specific and legitimate purpose. The Manager guarantees the privacy of personal data and the contents uploaded by users in accordance with Austrian law. The personal data manager shall be the Manager of the Printbox service, i.e. smartGIS e.U. with a registered address at Lakeside B01/a, 9020 Klagenfurt, Austria. The personal data manager shall not forward personal data to any third parties, except in cases when this is necessary for the operation of the Printbox service. The personal data manager shall store user data for at least one (1) year, but no longer than two (2) years after the user’s last access to their user account. The user shall agree to this condition upon registration. The obligation to store data shall apply only as long the Manager provides the Printbox service.
Upon registration with the Printbox service, the user agrees to receive e-mails related to the Printbox service to their registered e-mail address. Such e-mails may contain commercial messages from the Manager’s business partners. The user may at any time request the Manager to temporarily or permanently stop using their personal data for sending them such commercial messages. To unsubscribe from such messages, users have to click the UNSUBSCRIBE link at the bottom of the received e-mail. This will unsubscribe the user from receiving all commercial messages, except e-mails related to the operation of the Printbox service or the Manager’s provision of service. The Manager undertakes that they shall not forward e-mail address and other personal data of their users to any third parties, except in cases when this is necessary for the operation of the Printbox service.
Provision of individual Printbox services is payable for. The price and payment terms are evident from the price list, which is available at each Printbox kiosk, on the website at.printbox.net and in the Android application. Furthermore, the user can see the final price before final confirmation of their order. Individual users may choose between several methods of payment. Payment methods include: cash, a bank transaction (only for payments of the amount of 10 EUR or more) and credit cards (the minimum purchase amount with credit cards is 15,00 EUR). Payments can be made with cash at any Printbox kiosk, wherein all kiosks allow payments with banknotes and coins. Payment by credit cards is available only at web site at.printbox.net (with credit cards Visa, MasterCard, Discover and American Express) and is available only to registered users. The Manager of the Printbox service shall not refund the amounts of credits paid into the Printbox system. Moreover, the Manager shall not refund the difference between the paid credit and the currently used amount. The user shall retain the difference in the value (Printbox credits) in their user account until they decide to close it. In the event that the user decides to close their user account, but has not used all of their credits, this amount shall not be refunded to the user, but used to close their user account instead. The Printbox services shall be carried out following the user’s confirmation of the selected service and after the user has completed the payment or used a promotional code. By confirming the service after the completed technical steps, the contract between smartGIS e.U. and the user is deemed to be concluded. It shall be deemed that a distance contract has been concluded and the service has been carried out following the user’s confirmation and payment of the service. In the event of relations with consumers, the Manager of the website shall act in accordance with the Austrian law. The Manager shall ensure that all consumer rights under the Austrian law are complied with, except the possibility of withdrawing from the contract once the service has been initiated, since the nature of the service does not allow this. In view of the above, withdrawing from the concluded contract shall not be possible after the service has been initiated and a refund shall not be possible. Claims related to purchasing Printbox credits shall be processed individually. Users may write to info-at@printbox.net or call on contact phone number.
Printbox kiosk does not issue invoices for Printbox credits purchase. In case of a purchase with a credit card, cash or bank transfer, user may receive an invoice for the purchase of Printbox credits. User has to send and email to info-at@printbox.net with a request to receive an invoice for Printbox credit purchase.
Printbox credits (purchased or gained after) has expiry date of 365 days year from the date of purchase or gain. From all user accounts, Printbox credits that will not be used in period of 365 days after purchase or gain, will be transferred to the income of smartGIS e.U. and Printbox credits will be deleted from the user’s account.
Users of the Printbox service undertake to upload only the allowed software (i.e. not prohibited by law) and they shall not breach any third party rights by uploading the contents to the cloud. In the event of a suspected criminal offence, the Manager shall cooperate with the competent authorities. The user undertakes that they shall not upload contents to the cloud which do not comply with the applicable legislation, other regulations and the Constitution of Austria and that they shall respect the rights of the third parties. In particular, the user undertakes not to misuse the Printbox service for violating author’s and related rights under the Copyright and Related Rights law, nor the rights of industrial property. The user shall be fully and independently liable for all of their contents uploaded to the cloud. The user shall be considered the manager of the uploaded contents and shall be aware that the Manager of the Printbox service does not have legal or technical capabilities to supervise their uploaded contents.
The Printbox content service, the website at.printbox.net, the Printbox tools, the visual image of the user interface, the connected databases and the programming code of the Printbox service have been copyrighted. Consequently, any copying or use of any part of the Printbox service software without prior written consent from the Manager shall be prohibited.
The setting of cookies at the website at.printbox.net complies with the Austrian law. The Manager of the website shall store or obtain access to the user data stored in the terminal equipment if the user has agreed to this. Beforehand, the user has been clearly informed in detail on the Manager’s intent and purpose of processing such data. The user’s consent is given freely and expresses their will; the Manager of the website must obtain this consent before a cookie is set or user data is collected based on the notification to the user on sending and setting a cookie. Users of the website at.printbox.net shall be informed what data is intended to be stored in the cookie, for what purpose and how long the accepted cookie shall remain valid. The user shall be informed that the cookie will enable advertising providers to collect data on visiting other websites, displayed advertisements and similar. The user shall be provided with an explanation of the nature of the cookie and its use, as well as information on tracking performed through cookies. The user shall decide whether they shall accept the cookie or not. It shall be deemed that the user has clearly accepted a cookie (marked a cookie) whilst using the online portal at.printbox.net, during the registration process of their user profile, during a login, whilst uploading contents to the cloud, whilst the service is being performed or with any clearly concludent act which shows the user’s agreement to accepting the cookie. The fact that the user has accepted a cookie shall be deemed as a valid consent also for subsequent data collection which arises from this cookie. A registered user may revoke their consent to the request. The Manager of the at.printbox.net website will inform users that tracking cookies are used on the said website.
Any disputes arising from the subscription relationships which cannot be resolved amicably shall be submitted to the competent court in Vienna and law of Austria shall apply.
No partial or complete copying, modification, distribution or similar activities of these Rules without prior consent from the Manager is allowed. In the event that any provision of these Rules has been identified as inappropriate, illegal or invalid, such provision shall not affect other provisions which shall remain in force independently of the inappropriate provision. The invalid provision under these Rules may at any time be substituted by a valid provision which comes closest to the initial intention of the invalid provision.
smartGIS e.U., Lakeside B01/a, 9020 Klagenfurt, Austria, represented by Thomas Schmit as the Director, is the Manager of the Printbox service and the at.printbox.net website and domain. All data on the Manager of the website is available at at.printbox.net.
smartGIS e.U.
Lakeside B01/a
9020 Klagenfurt, Austria
Vienna, 25.1.2017
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