Terms of use for the ivie App

 

1. Scope of validity

These Terms and Conditions of Use apply when using the ivie application (which will be referred to below as “ivie”, “ivie app” or “app”), a service from the Wiener Tourismusverband (referred to below as “the Vienna Tourist Board” or “we”).

2. General information

2.1. The goal is to provide interested users with information regarding the city of Vienna, in particular on noteworthy sights, tour suggestions and events in Vienna.

2.2. In addition to this general information, the ivie app also allows users to create their own individual favorites or locations. No registration is required for this service.

2.3. The app also contains all information on the Vienna City Card (“VCC” below) and the VCC Experience Edition (“VCCEE” below). The ivie app can also be used to display the digital Card(s) purchased.

2.4. An agreement is formed between the users and the Vienna Tourist Board regarding use of the services offered on the ivie app. However, the Vienna Tourist Board does not become a contractual partner when a VCC or VCCEE is purchased.

3. Use of the ivie app

3.1. It is noted that use of the app requires Internet access and may incur connection costs for the provision of telecommunications services. Use of the app itself is free of charge.

3.2. No registration is required to use the app’s basic functions.

3.3. The ivie app must not be used in any way or for any purposes that infringe the applicable law.

3.4. Furthermore, the ivie app and its contents may not be used in connection with the usage, creation, distribution, advertising or similar circumstances of products, services or materials that support, are used for or are set up for the following:

3.4.1. spyware, adware and/or other malicious programs or codes; counterfeit goods; unsolicited sending of bulk e-mails (“spam”);
3.4.2. acts that are intended to mislead search engines to list certain pages in a higher position than they would normally be listed (“web spam”);
3.4.3. illegal multi-stage sales offers, illegal direct sales and/or telephone sales;
3.4.4. hate content; insulting, defamatory, abusive or otherwise offensive content;
3.4.5. prostitution; stolen products and/or items used in connection with criminal activities; hacking, surveillance, interception or decryption and decoding equipment; illegal gambling.

3.5. The ivie app and its associate content may only be used in such a way that does not interfere with the underlying resources (e.g. server, website, etc.).

3.6. The user will install updates provided by the Vienna Tourist Board for their mobile device within a reasonable period of time. If the user fails to do this, the Vienna Tourist Board excludes all liability for errors or damage resulting from a failure to update the app or which could have been avoided through an update.

4. Vienna City Card / Vienna City Card Experience Edition

4.1. The user can have their purchased VCC and/or VCCEE displayed in the ivie app. The precise operating procedure for purchase and activation can be found at this link.

4.2. The purchase of the VCC and/or the VCCEE is processed via our sales partner in our external online store. The Vienna Tourist Board is not involved in this transaction. The corresponding General Terms and Conditions as well as the terms for data protection must be confirmed separately before the purchase is concluded and do not affect these Terms and Conditions of Use.

4.3. The VCC and/or the VCCEE can be transferred to the ivie app by entering the order number in the ivie app or by clicking the “Transfer to App ivie - Vienna Guide” button and they are then displayed there.

5. Warranty, liability

5.1. The user is aware that in accordance with the latest technology available, errors in software programs cannot be completely excluded despite applying the greatest care, and that it is not possible to develop data processing programs in such a way that they are error-free for all conditions of use and for all user requirements, or for these to work flawlessly with all third-party programs and hardware.

5.2. All data in the ivie app has been compiled with the utmost care, in particular with respect to individual locations and places of interest (such as contact details or opening hours). However, it is not possible to verify that the data is up-to-date on a continuous basis, which is why the Vienna Tourist Board does not assume any responsibility for the completeness or accuracy of the data, unless incorrect information was caused through gross negligence or willful intent.

5.3. The Vienna Tourist Board does not provide any guarantee in relation to continuous proper operation and/or uninterrupted use or availability of the ivie app. In particular, the Vienna Tourist Board is not liable for disruptions in the quality of access to the ivie app due to force majeure or events for which the Vienna Tourist Board is not responsible. This relates e.g. to technical faults with the terminal devices, the Internet coverage or force majeure, or culpability on the part of third parties.

5.4. The free of charge ivie app is supported on the most popular types of mobile devices. An exact list of these devices is available from us at any time. Given the fact that it is provided free of charge, the Vienna Tourist Board reserves the right to discontinue or expand support for different devices or operating systems or the entire app at any time and without advance notice.

5.5. The “Walks & Guides” function shows interesting and noteworthy sights and associated information to the user. Despite careful verification of the information, the Vienna Tourist Board does not assume any responsibility for the completeness or accuracy of the relevant information. It is also noted that when using the ivie app and in particular the “Walks & Guides” function, the user must pay attention to the respective traffic situation, and in particular road crossings, traffic lights, other road users, etc.

5.6. The Vienna Tourist Board accepts no liability for minor damage or damage caused through slight negligence resulting from the use of the free of charge ivie app. This exclusion of liability does not apply to damage resulting from gross negligence, damage to health, or damage based on mandatory liability laws.

6. Copyright and links

6.1. The design for the ivie app and the editorial articles, information, photographs and videos published within it are protected by copyright.

6.2. Any reproduction, publication, or other use of the copyright-protected contents of the ivie app requires prior explicit authorization from the Vienna Tourist Board.

6.3. The links provided on the ivie app are made available for the benefit of the user. The contents offered by the linked websites are not designed by the Vienna Tourist Board. The Vienna Tourist Board has no influence on these websites; accessing the sites is the sole responsibility of the user. It is not possible to control the contents of the linked websites on an ongoing basis. If there are legal violations on the linked sites and vienna.info is notified of this, the links will be removed.

7. External Datasources

Data source for the category "Utilities": City of Vienna https://data.wien.gv.at

8. Data privacy information

7.1. All information regarding data privacy is covered in our privacy statement.

8. Final provisions

8.1. By using the ivie App, the user agrees unreservedly to these Terms and Conditions of Use without restriction.

8.2. The Vienna Tourist Board reserves the right to block users in the event of rights violations or conduct that violates netiquette (such as conduct that is insulting, biased, or harassing).

8.3. Written declarations shall be considered to have been received when they are sent to an (email) address provided by the customer or sent as a notification in the ivie app. Only written agreements are valid between the contracting parties. Any revisions of the conditions of use also have to be in writing. This also applies for a cancellation of the requirement for the written form. Oral agreements are not legally binding.

8.4. Austrian law applies with the exception of the United Nations Convention on Contracts for the International Sale of Goods as well as the conflict of laws rules under private international law; this does not affect the legal provisions for consumers which are more favorable in the country in which the latter are domiciled. It is agreed that the respective functionally appropriate court in the inner city of Vienna will be the place of jurisdiction. For actions against a consumer who has their domicile or habitual residence or who is employed in Austria, the competent court that has jurisdiction is the one in the judicial district of the consumer’s domicile, habitual residence or place of employment.

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