These terms regarding the use of the website of FunderMax (hereinafter: "Terms") apply to visiting and using the websites of FunderMax GmbH and its affiliated companies (hereinafter jointly: "FunderMax"; the websites hereinafter jointly: "Website") and the information provided to you on or via the Website (hereinafter: "Information"). By visiting this Website the user (hereinafter also: "You") agrees to be bound by the validity of the Terms. FunderMax reserves the right to amend the Terms without prior notice at any time. The amended Terms shall be in force and shall apply to any future visits and uses of the Website thereafter, as soon as they are available on the Website. FunderMax endeavours to provide the most recent version of the Terms on the Website so you can access them here at any time.
FunderMax assumes no liability for the Website to function properly and without interruptions. Information may be, entirely or partly, incomplete and/or faulty and/or outdated. The Website and the Newsletter, if any, may contain links or references to websites of third parties. FunderMax shall not be liable for the use or contents of external internet sites not administrated by FunderMax to which reference is made or which refer to the Website. Links to other websites are made available to the users of this Website for convenience only. Links to such websites are established at the user's own risk.
Our policy concerning cookies and data privacy shall not apply to personal data collected and processed about you on or via such external websites.
Information is provided for general information purposes only and do not serve as a basis for consultancy services, drafts, construction calculations or other warranties or guarantees etc. for the visitor. FunderMax assumes no liability whatsoever and no responsibility for the accuracy and/or completeness of the Information (including such about FunderMax products) or for ensuring that the Information is suitable for the purpose for which you have used it or otherwise. Customers and third parties shall obtain information from professional advisors about the (suitability of) FunderMax products and their fitness for all intended applications and about applicable laws and legal provisions. Responsibility for correct and appropriate planning and execution shall lie solely with the planner and processor.
Colours in documents of FunderMax (including, but not limited to printed matter) and of samples of FunderMax products may deviate from the colours of FunderMax products to be delivered. Samples shall not be used for conducting product tests and are not representative of properties of FunderMax products. FunderMax products and samples are produced according to the defined colour tolerances and may even deviate among each other when the same colour is used (within a production series). The viewing angle also has an influence on the colour perception. The surface colour of metallic panels is perceived differently, depending on the viewing angle. Data about colour stability and colours shall refer exclusively to the decor surface of FunderMax products and not to the core material or samples of FunderMax products. FunderMax products are delivered ex-works with straight sawn or milled edges.
The current version of the delivery programme and the technical information are available on www.fundermax.at. For selecting and obtaining advice on FunderMax products only the current technical information shall be used. FunderMax reserves the right to change (information about) products without prior notice. The contents including texts, photos, graphics, images, downloads and audio and video files as well as the design of the FunderMax Website are subject to copyright protection and other laws for the protection of intellectual property, irrespective of any identification. You are entitled to use the Information (such as documents, photos, drawings, pictures and other contents) as follows. Visitors may access the Website and Information and make copies thereof for their personal use (such as by printout or storing). Any use of the Information shall be permitted exclusively in connection with the sale and purchase of FunderMax products. Information shall not be modified nor changed. Pictures on the Website shall not be used without the associated texts. Moreover, using the Information shall not violate intellectual property rights of FunderMax or the Terms. It shall be your sole responsibility to use the latest Information available on the Website. When using such Information you shall verify regularly if the used Information still corresponds to the latest Information available on the Website. Any other use of the Website and/or Information, including its distribution, reproduction, modification, publication, storage in an automated file or transmission shall not be permitted without obtaining the prior written consent by FunderMax.
Using the Website shall be at the user's own risk. You are responsible for what you send from or to the Website.
FunderMax is entitled to change, or terminate, or limit access to, the provision of the Website and/or Information and services offered on the Website at any time and without indicating any reason. FunderMax shall not be liable for the consequences of changing the Information.
FunderMax shall not be liable for damage incurred by using (or through the impossibility of using) the Website, including damage caused by viruses or defectiveness or incompleteness of the Information. FunderMax shall further not be liable for any damage caused by using electronic media for communication with the Website, including, but not limited to damage caused by spreading viruses or by electronic messages not being received or received with a delay or intercepted or manipulated by third parties or hardware or software for electronic communication. The aforementioned limitations of liability shall not apply if damage is due to intent or gross negligence on the part of FunderMax and/or the management of FunderMax.
All copyrights and other intellectual property rights as well as all other rights to the contents of the Website (including logos, brands, software, databases, audio, video, text and image material) shall belong to FunderMax and/or its licencors.
Unless indicated otherwise, all marks used on the FunderMax Website shall be protected under trademark law. This shall apply in particular to company logos and distinguishing marks.
Should you place ideas and/or materials, including, but not limited to text, image and sound material, software or data) (hereinafter: "Contents") on the Website or send them by e-mail or otherwise to FunderMax without having been requested by FunderMax to do so, FunderMax is entitled to use, without payment of compensation, copy and/or exploit such Contents commercially in the broadest sense. In such event, FunderMax shall not be subject to secrecy concerning the Contents.
General Terms and Conditions
All of our oral and written statements, quotations, offers, sales, deliveries and/or agreements as well as all associated activities of FunderMax shall be subject to the general terms and conditions of FunderMax GmbH as amended, which are available on our Website at www.fundermax.at.
Any general terms and conditions other than the aforementioned shall be explicitly excluded and shall not be applicable. This shall apply regardless of whether or not reference is made to them in requests for quotations and confirmations, on company stationery and/or in other documents of the contracting partner.
Cookies and data privacy
FunderMax respects the privacy of all visitors of the Website and warrants that the personal data you are sending us is treated as confidential. Additionally, FunderMax does not make available your personal data to third parties, except if required by mandatory legal provisions, binding decisions by authorities or a judgment passed by the competent court.
Storage of personal data
Registration for the newsletter subscription or entries in other forms on the Website transmit data which are stored on a server of FunderMax. As a result, registered visitors agree to receive e-mails from FunderMax. Consent may be revoked at any time in writing. Data is not passed on to third parties.
The FunderMax Website uses plug-ins of the social network facebook.com operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). When accessing internet sites of FunderMax containing such plug-ins you are connected with the Facebook servers, and the plug-in is shown on the Internet site via your browser. This transmits to the Facebook server which FunderMax Internet sites you have visited. If you are logged on as member of Facebook, Facebook allocates this information to your personal Facebook user account. When using the plug-in functions (such as by clicking the "Like" button) this information is also automatically allocated to your Facebook account, which you can avoid only by logging off before using the plug-in. For more information about the collection and use of data by Facebook, about your associated rights and options for protecting your privacy, see the data privacy information of Facebook.
This Website and the Newsletter use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files stored on your computer to help the Website analyse how you use the site. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by a server of Google in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for website operators and providing other services relating to Website activity and Internet usage. Google will also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
Release from liability
You herewith indemnify and hold FunderMax, its employees, agents, licensees and trading partners harmless against any and all damage and costs (including costs of legal counsel, auditors and other external consultants), which are incurred by FM because third parties claim that your use of the Website violates a legal provision, (intellectual) (property) rights of third parties or is otherwise unlawful against a third party.
Should the provisions be or become partly invalid, FunderMax and you shall remain bound by the remaining (effective) provisions. FunderMax shall replace the ineffective provisions by such effective provisions whose legal consequences regarding the contents and purpose of the Terms come closest to the ineffective provisions.
Applicable law and legal venue
These Terms shall be governed exclusively by Austrian law. The exclusive venue for settling all claims and disputes arising in connection with the use of the Website and/or the contents of the Terms (including disputes about their existence and validity) shall be Klagenfurt.
If you have any questions or remarks regarding the Terms, please send an e-mail to FunderMax on firstname.lastname@example.org.