For the use of the website www.otto.at
Last updated: July 2019
Use, performance and liability
These legal terms and conditions govern the use of the content available free of charge at www.otto.atand the use of the services of OTTO Immobilien GmbH. In addition, the general terms and conditions of OTTO Immobilien GmbH apply. Access to information about real estate and related services is provided free of charge on the website until revoked.
All content available via www.otto.at is non-binding; interim use such as sale, rental or lease of the properties is reserved.
OTTO Immobilien GmbH guarantees that the content available at www.otto.at is created and maintained with the greatest possible care and that the information comes from reputable sources, but not that it is correct, nor that this information corresponds to the current legal situation at the time of access. Given the large volumes of data and the existing security risks on the Internet, it is impossible to completely avoid errors, infringements by third parties, incompleteness or omissions. It can therefore not be ruled out that individual data are not up-to-date, complete or correct. OTTO Immobilien GmbH therefore cannot assume any liability for the timeliness, completeness and correctness of the content provided online, even with regard to the provision of the website free of charge.
The user shall use the www.otto.at homepage and website exclusively at his own risk. OTTO Immobilien GmbH does not assume any liability whatsoever towards users or third parties for any direct, indirect, special or other damages or consequential damages arising from the use of the www.otto.at homepage and website or any linked website. Any resulting liability for loss of profit, business interruption, loss of programs or other data in users’ information systems is also excluded. If a disclaimer for the aforementioned damages is not permissible by law, this shall in any case be limited to the maximum extent permitted by law.
OTTO Immobilien GmbH is not liable for the smooth functioning of the system, nor for the continuously uninterrupted availability of the system. Intermittent disconnections may therefore occur. OTTO Immobilien GmbH reserves the right to carry out maintenance work at any time. OTTO Immobilien GmbH may also temporarily or permanently expand the information and services offered on the website at any time – even without prior notice – and may discontinue them in whole or in part. In particular, OTTO Immobilien GmbH shall not be liable for any damage caused by the fact that services are not available or are not fully available.
OTTO Immobilien GmbH gives no assurances of any kind or guarantees for other websites that can be accessed via the www.otto.at homepage and website (links). Any accessed site that is a so-called NON-www.otto.at site is an independent site. OTTO Immobilien GmbH has no influence on the content or design of linked Internet sites and does not adopt them as their own. The respective provider or operator is always responsible for the contents of the linked websites. For this reason, OTTO Immobilien GmbH assumes no liability for the content, correctness, completeness and timeliness of Internet sites linked to the website. This also applies if the linked site contains the logo of OTTO Immobilien GmbH. Furthermore, a link from the www.otto.at site to another site does not mean that OTTO Immobilien GmbH identifies itself with its content or supports its use.
The user shall not post any content on the www.otto.at homepage and website that violates applicable laws and, in particular, is incompatible with the principles of unfair competition, consumer protection, the copyright and industrial property rights of third parties, data protection, the relevant provisions of criminal law and/or provisions on the protection of minors and the right to personal honour. In particular, content that is contrary to this obligation includes content of a discriminatory, racist, xenophobic, pornographic or otherwise sexually derogatory character. The provision of hypertext links or other technical links leading to prohibited content on third-party websites shall also be deemed to constitute a provision of the aforementioned content.
In providing the information, OTTO Immobilien GmbH does not grant any rights of use to copyrights, patents or other intellectual property. It is expressly stated that all accessed content (e.g. texts, images, graphics, design and structure of the website and its content) is protected by copyright. Users or visitors of the www.otto.at homepage and website are therefore not entitled to use the information or services accessed, except for their own purposes within the meaning of Section 42 of the Copyright Act (UrhG) and, in particular, are not entitled to reproduce or distribute these in whole or in part without the prior written consent of OTTO Immobilien GmbH.
Applicable law and place of jurisdiction
All legal disputes arising from the legal relationship between the user and OTTO Immobilien GmbH are subject to Austrian law, excluding the referral standards of the Austrian IPR and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that mandatory provisions of the law of the country in which they have their habitual residence are not displaced. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the use of the websites, including the question of the applicability of the conditions, is Vienna Innere Stadt. For consumers within the meaning of the Austrian Consumer Protection Act (KSchG), this agreement only applies if they have neither a domicile nor a habitual residence in Austria and are also not employed within the country.
Terms and Conditions