General Terms and Conditions of BREX Business Register Exchange GmbH

Effective June 1st, 2017

1. Scope
These General Terms and Conditions (the “GTC") apply to all current and future transactions and business relations between BREX Business Register Exchange GmbH, registered with the commercial register of the commercial court in Vienna under registration number FN405096f, having its registered office in Vienna ("BREX"), and the user (the “User”) of the products and services on any of the websites operated by BREX as stated in the Masthead, including but not limited to www.brex.io (the "Websites").

These GTC apply regardless of whether the products or services are used against payment or for free and with or without registration. Any terms and conditions provided by the User shall not apply. Such terms and conditions shall only by valid upon written confirmation by BREX.

2. Consumer protection
If the User of the Websites is a consumer as defined in § 1 (1) no. 2 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) BGBl No. 140/1979 in its current version, these GTC shall apply to the extent not contradicting the mandatory provisions of the first main section of the Consumer Protection Act.

3. Effectiveness and amendments to the GTC
These GTC govern the access to and the use of the API and Websites, in particular https://brex.io and any other websites operated by BREX. By first accessing the Websites (domains), the User accepts these GTC which come into force from the first use of the Service. If the User does not accept these GTC then he should exit the Service immediately. This applies regardless of whether the User is using the Service with or without registration, and making a purchase or not.

BREX may at any time revise these GTC. The amended GTC will be accepted upon written agreement by the Registered User. In case a registered User does not accept the amendment to the GTC, he is entitled to terminate the contractual relationship with BREX pursuant to Clause 7.2.3 mutatis mutandis. The relationship will then be terminated on the basis of the GTC last accepted by the registered User.

For non-registered Users, the amended GTC come into force when published on the Websites. It is up to the User to regularly review and examine the current version of these GTC. By accessing and using the Websites, the User automatically accepts the GTC in their current version.

4. Services offered
4.1 Services and products
BREX offers the User the following services and products:
  • Extracts from the Austrian Business Register (Firmenbuch) and Land Register (Grundbuch), in capacity as official Clearing Office
  • International search for businesses and officers
  • International information gathered from public registers and databases, particularly registers of companies and commercial registers
  • International information provided by credit reference agencies on the financial status of companies and persons engaging in business activities
  • Other international information on businesses and persons engaging in business activities

For a detailed description of our services and corresponding prices, see the current version of the product overview and price list.

4.2 Supply options
In principle, BREX offers access to the platform, the API and the corresponding services based on a monthly or yearly plan. The registration and signup creates a contractual relationship between the User and BREX and these GTC shall apply, no matter if products are purchased or not.

4.3 User's entitlement
With its products and services, BREX offers access to data, in particular data from public registers. However, it cannot be deduced for the future that BREX has to offer these services, products and subscriptions in their existing form and composition, or give access to such data. Upon giving User thirty (30) days prior written notice, BREX reserves the right to reject Users as contracting parties without stating the reasons, and to prohibit them from accessing its products and services, or cease to supply them with these products and services.

4.4 Changes to or discontinuance of services offered by BREX
BREX is entitled to change or discontinue its products and services at any time, in whole or in part, without being required to state any reasons for doing so.

BREX is also entitled to change subscriptions or the structure of subscriptions at any time, or to cease offering subscriptions in general. This also applies in relation to changing or discontinuing products and services to which Users have acquired a right by purchasing a subscription. BREX is not required to state any reasons for exercising the above mentioned rights.

Upon giving User thirty (30) days prior written notice BREX has the right to make changes pursuant to this Clause 4.4 with regards to the prices of all services, products and subscriptions.

5. Availability
In order to use the products and services offered by BREX, the User must have operational Internet access. BREX is not responsible for any connection problems between the User and his Internet service provider.

Subject to the restrictions specified in this Clause 5, the products and services offered by BREX are basically available 24 hours a day. However, this does not apply to products and services that are subject to the availability of a public database, third party databases or third party services. Such products and services are available only during the official operating hours of these databases and services.

Restrictions may also result from maintenance work or the operational status of the Austrian or international telecommunication links. BREX has no influence on the availability of the data communication networks of the various external connection providers. Where possible, BREX will give Users prompt, appropriate notification of any interruptions or significant restrictions, e.g. due to maintenance, modifications, etc.

6. Registration
The use of certain BREX services, including the receipt of newsletters or special offers, is subject to a registration. There is no entitlement to registration. BREX has the right to reject registration applications without stating the reasons. Prior to any rejection of registration by BREX, BREX shall provide User notice of intended rejection and User shall respond to such notice within thirty (30) days of receipt of notice. Each User may register only once. BREX has the right to exclude Users without stating the reasons in accordance with the provisions of this section. In order to register, a User must be at least 18 years old. Minors are not permitted to apply. In case of a legal entity, the application must be made by a competent, authorized representative.

The data and other information requested by BREX during the application process must be supplied by the User completely and correctly, and must be updated in the event of any change. For those services that require a registration, a contractual relationship is only created upon successful completion of the registration.

7. Supply and settlement
The products and services offered via the API are charged on a recurring basis.

7.1 Subscription
7.1.1 Validity
Plans are valid from the order date for the period stated in the plan.

7.1.2 Renewal
The User agrees that, when his chosen plan expires, it will be automatically renewed by an equivalent, new subscription. BREX shall duly notify the User in an appropriate form before the expiry that automatic renewal and associated settlement are pending.

7.1.3 Cancellation
A User may cancel a plan at any time without stating the reasons, taking effect from the date up to which the subscription has been prepaid. In case of a cancellation, the refund of the plan payment is not possible. The plan remains valid for the period specified. During this period, the User may make full use of the benefits derived from the plan. In this case, there is no automatic renewal as described in Clause 7.2.2.

7.1.4 Cancellation within seven calendar days
If the User cancels within seven (7) calendar days from the order date, all benefits granted through the plan and which have not yet been claimed, will lapse on the cancellation date.

7.1.5 Delivery
Delivery is completed via the RESTful API.

7.1.6 Settlement
Plans are payable in advance. Payments must be made in full in order to make use of all benefits associated with the plan. Payment is effected immediately, typically by credit card or direct debit (where available). Products and services purchased within a plan will typically be invoiced monthly, however, BREX reserves the right to invoice at any time.

7.1.7 Refund
In principle, it is not possible to obtain a refund for products and services purchased within a plan. Clause 7.1.3 on refunds and the exclusion of the right of withdrawal in the case of individual purchases applies here mutatis mutandis. The plan price can only be refunded in full if, on expiry of the plan, the User expressly objects to an automatic renewal, and if the User has not used any of the benefits derived from the plan on the expiry date.

7.2 General rules on service and settlement
7.2.1 Settlement
Unless otherwise agreed, accounts are payable in full within thirty (30) days of receipt of the invoice. If the amount invoiced is not paid on time, BREX may, within a maximum of seven (7) calendar days, preclude the User from obtaining products and services on account (soft ban). Pursuant to these GTC, BREX and the User are the only contracting parties. Settlement is always in the name of BREX, third parties are expressly excluded.

7.2.2 Invoicing
BREX invoices are generally issued and sent in PDF format. The user agrees explicitly to receiving electronic invoices. BREX issues the initial copy of the electronic invoice and grants online access to copies of invoices free of charge. BREX reserves the right to charge an administration fee for issuing a copy of the invoice in paper form.

7.2.3 Refund
Refunds of payments and the issue of credit notes to a User for services already obtained from BREX are excluded, except in the case where BREX does not fulfill the services due to the non-transmission of the requested data because of a proven technical fault on BREX’s end. Clause 5 of the GTC applies mutatis mutandis.

In cases in which a User cannot open, view or print purchased products due to problems with the User's computer, printer or systems setup, the obligation of the User to settle all fees remains untouched and BREX will not honour refund requests.

No refund is possible with regards to payments that contain official fees and arise upon searches in and access to the data of public databases, including commercial registers or companies registers and in particular the Austrian companies register, the European Business Registry (EBR) and similar services.

8. Privacy Policy
The Privacy Policy as integral part of these GTC shall apply.

9. User's obligations
All data, information, references, statements and opinions on businesses or persons engaging in business activities and the like, which BREX has collected, compiled and passed on in any form or by any method of publication, must be treated strictly confidential by the User, and are limited to internal business purposes only. The User undertakes not to store any of this data, in whole or in part, for purposes other than those expressly specified in the contract, and not to reproduce, transfer or disseminate the data, either in return for payment or free of charge, forward to any third parties, create or distribute data collections, or change the transmitted data (reports).

The User expressly declares his legal authority to receive the data transmitted. In particular, the User confirms his overriding, justifiable interest in the data as defined in § 8 (1) No. 4 of the Data Protection Act 2000. Furthermore, the User acknowledges that he may be required to make additional declarations if required by the country in which either the accessed database, person or business of interest or the User himself is located.

The User undertakes to follow the provisions of the data protection laws, in particular the Data Protection Act 2000, concerning data confidentiality and security. They must take appropriate measures to protect and safeguard the data transmitted against unauthorized access by their employees or third parties. In particular, they must ensure that employees to whom data is made accessible in connection with their work, keep the data strictly confidential. The User is liable to BREX for any damages and detriments which may incur as a result of an infringement of these data protection regulations.

Any disclosure to third parties, even partially, are expressly prohibited except disclosures can be made pursuant to applicable laws, regulations, a court, judicial or other governmental order. Furthermore, there must be no mention of or reference to BREX except as provided herein. The User is liable to BREX for any damages and detriments incurred as a result of an infringement of the above-mentioned regulations by the User or by third parties to whom the User discloses data.

The User undertakes not to violate any copyright, trademarks, patents and/or any other intellectual property rights of BREX and/or BREX’s data sources and partners, in particular but not limited to the European Business Register EBR.

With regards to the address and contact information available for free, the end user is entitled to use it for their own non-commercial information purposes only. The use is limited to the identification of companies or persons and connected contact details (e.g. address, telephone number). The use of the address and contact information for other purposes is expressly prohibited. In particular, it is inadmissible to use the information for commercial purposes, the use to build or complete company directories of any kind and in any form (print, electronically, CD-Rom, etc.), the use to carry out information services or operate a call center, the use for directory assistance, the use for marketing and promotional purposes, the use for the development of competing products, the use for any other commercial purpose, the use for any other purposes or in the interest of third parties. Any transfer (copying) of data into proprietary directories is also prohibited. The availability of address and contact information as well as its completeness and correctness are not guaranteed.

All Users are required to comply with the Data Protection Law and the Telecommunications Act. The general availability of email addresses or fax numbers does not imply the consent of the owner to the receipt of electronic mail or faxes. In particular, the Robinson list (as managed by the Regulatory Authority for Broadcasting and Telecommunications) needs to be taken into account.

10. Warranty
Any warranty is subject to the applicable law. In line with ABGB §§ 922 et sqq, BREX warrants that the offered products correspond with the given descriptions, especially the content of the reports and their prices. Any exchanges or improvements are expressly excluded because of the nature of the products. With regards to price reductions and contract withdrawals because of supposed defects, paragraph 11 of the GTC shall apply.

11. Liability
BREX has no influence on the relevance, completeness, accuracy, and availability of data from public databases or credit reference agencies, and therefore accepts no liability for the accuracy and/or completeness of the data requested and obtained.

Obtaining information from a public register or a third party, including but not limited to credit reference agencies, may be subject to additional individual provisions and disclaimers.

BREX is not liable for any claims arising as a result of the use of BREX products or services, including distortions or omissions in the requested data, delays which may occur during the use, or the termination of these GTC.

BREX is not liable for any errors in the data transmission, or for delays not caused by BREX. In order to compile and produce the products and services, BREX uses data from public databases and data made available by credit reference agencies. BREX indicates the data source in connection with the respective data set.

BREX transmits data and content in their existing form ("as is"). Credit reference agencies compile business data to the best of their knowledge on the basis of the data and information sources available to them. BREX has no influence whatsoever on their data collection and processing methods, the way in which the data is evaluated, its relevance, completeness, accuracy, and availability.

Credit reference agencies furthermore offer assessments and opinions on the creditworthiness of businesses and persons engaging in business activities in a variety of forms, often in the form of -so-called ratings. Such assessments represent the opinion of the credit reference agencies, and no recommendation regarding a business or credit relationship can be derived from it. BREX has no influence whatsoever on these assessments, the conclusions made, the underlying technical and professional processes, and their relevance, completeness, accuracy, and availability.

BREX therefore dos not accept liability for any damage arising from the completion or non-completion of a business transaction made on the basis of data transmitted by BREX.

Unless excluded in accordance with the previous clauses, BREX is only liable to the User for loss or damage caused willfully or by gross negligence and to the extent permitted by law. Any liability for indirect loss or consequential damage is totally excluded. This provision shall not apply to a breach of BREX’s confidentiality obligations hereunder.

12. Security and abuse
In order to prevent the misuse of subscriber and login data, the User undertakes to keep this data confidential and not to allow any unauthorized access to it, to prevent any misuse and to notify BREX immediately if they suspect misuse of their data.

The User is liable for any loss or damage and claims for fees made against BREX that arise from the misuse of the User’s facilities or the misuse of the requested data by the User or by third parties who gained access via the User’s facilities or their login data, and for all claims made against BREX in connection with that. The User undertakes to refrain from attempts to hack into the Websites and services operated by BREX.

13. Compliance with statutory provisions
The User agrees to comply with the current statutory provisions. In particular, reference is made, but not limited to the obligations of to the following Austrian laws:
  • Copyright Act (Urheberrechtsgesetz) (BGBl No. 111/1936 in its current version)
  • Data Protection Act (Datenschutzgesetz) 2000 (BGBl I No. 165/1999 in its current version)
  • Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data from October 24, 1995
  • Telecommunications Act (Telekommunikationsgesetz) 2003 (BGBl I No. 70/2003 in its current version)
14. Applicable law, place of performance and jurisdiction
It is agreed that all disputes arising from this contract will be governed by English law, with the exception of the reference norms of the International Private Law and the United Nations Convention on Contracts for the International Sale of Goods. The place of performance and exclusive legal venue shall be London, England. In case the User is a consumer, disputes will be settled at their ordinary place of jurisdiction. The contract, order and business language is English.

If any of these provisions are or become invalid, the effectiveness of the other provisions shall not be affected. Oral agreements, additions, or amendments to these GTC, to the disadvantage of BREX, shall be ineffective.

15. Miscellaneous
BREX recognizes the Internet Ombudsman, Margaretenstrasse 70/2/10, 1050 Vienna, www.ombudsmann.at as mediator for the negotiation of an out of court agreement (information and conciliation). However, this recognition does not apply to the formal mediation process, as described on the website www.ombudsmann.at and BREX does not submit to the judgement of the Internet Ombudsman or any other court of arbitration. The right of the parties to take legal actions remains unaffected at any time.

Information, complaints and data queries to: E-mail: support@brex.io Phone: +43 1 890 9930

Privacy Policy

Effective October 1st, 2014

General

Data protection is a matter of trust and your privacy is important to us. To make you feel safe when visiting our service and purchasing products, we comply with the applicable data protection law when processing your personal information and will hereinafter inform you about the data we collect and how we use it.

By agreeing to this Privacy Policy as part of our General Terms and Conditions (hereinafter “GTC”), you give your consent to BREX Business Register Exchange GmbH, Mariahilfer Straße 93/2/20, 1060 Vienna, Austria (hereinafter "BREX") for the collection, processing and use of your personal information in accordance with the applicable data protection law and the following provisions. The definitions as given in the GTC shall apply.

Type and extent of data use

Personal data (hereinafter "Personal Data") refers to information which can be used to identify a person, including, but not limited to title (Mr/Mrs/Ms), first name, last name, email address, phone number, user name, and password.

As a User, you may be asked to provide Personal Data when using the Websites, the Application Programming Interface (API), opening an account, or using the services of BREX. Based on the information provided by you, the Personal Data collected by BREX may furthermore include the following: additional contact details; billing address; an opt-in to receive newsletters and similar messages or offers from third parties; transaction history; website usage settings; VAT number, if you are incorporated as a company.

If you do not want to receive our newsletters or promotion emails anymore, you can simply click on the link "unsubscribe", which is contained in each of our newsletter or promotion emails.

BREX also offers a free Sandbox Account for testing pusposes. To set up this accunt, BREX may also collect and process Personal Data as described above. This may include credit card details or similar.

As a User, you may always review this information. It is stored by BREX in accordance with the latest safety technology. When you interact with the services, BREX additionally stores activity logs containing administrative information and information on the data transfer. This information is used by BREX to efficiently solve any technical issues or queries in customer service.

BREX makes sure that Personal Data is only collected, stored and processed automatically, to the extent necessary to provide the service in accordance with the contract and as permitted by law, in particular the Austrian Data Protection Act (Datenschutzgesetz 2000, Federal Law Gazette No. 165/1999, in the current version), or ordered by the legislator.

BREX is entitled to use Personal Data to respond to inquiries or requests, and to send information or informational materials. BREX will treat Personal Data strictly confidential and in accordance with the applicable data protection law, and will not disclose it to third parties, unless necessary for the fulfillment of contractual obligations and/or required by law.

In the event that, during the use of the Websites and API, you give us your consent to data protection declarations, you also can withdraw that consent at any time. Each time Personal Data is requested, you will be told which information is essential and which information can be supplied voluntarily.

BREX uses information made available by you and obtained through online transmission for advertising and for the purpose of market research to the extent permitted by law. As a User, you can give your consent to this use in the course of the registration and by clicking the appropriate box.

As a User, you expressly authorize BREX to conduct anonymous data analysis on service usage and user behaviour, and to use the data to make constant improvements to the Websites, services and products for the User's benefit.

BREX does not store any data for longer than necessary. BREX uses automated data processing not only to handle its business but to also prevent abuse and particularly fraud.

BREX uses appropriate technical and organizational security measures to protect the data provided by you from loss, misuse and unauthorized access, unauthorized disclosure or manipulation. However, you expressly acknowledge that currently there is no way to fully protect the data, especially when transmitted over the Internet.

Disclosure of information

BREX may use third party services when executing the services provided to you as a User, this includes in particular the distribution of letters or emails, data base maintenance, payment processing (credit cards, direct debit, purchase on account), etc. BREX is entitled to disclose the data necessary for the described purposes to these third parties.

Right to information

As a User, you may at any time request information on what Personal Data is stored by BREX. Please send a letter with such a request to BREX’s address as stated in the Masthead.

Cookie Policy

What are cookies?

A cookie is a small text file, typically of letters and numbers, downloaded to your computer when you access websites. Typically, they contain the following information: a site name and unique user ID, the duration of the cookie's abilities and effects, and a random number. As a rule, cookies cannot be used to reveal your identity or personally identifying information.

When you visit a website that uses cookies for the first time, a cookie is downloaded onto your computer. The next time you visit that website, your computer checks to see if it has a cookie that is relevant and sends the information contained in that cookie back to the website. The website then notes that you have been there before, and in some cases, tailors what pops up on screen. They also might record how long you spend on each page on a site, what links you click, even your preferences for page layouts and colour schemes.

Generally, the role of cookies is beneficial, making your interaction with frequently-visited sites smoother with no extra effort on your part. Without cookies, online shopping would be much harder. Some websites will become less interactive with the cookie option turned off.

Most common cookies

Session cookies

These cookies expire when you close your web browser (Internet Explorer, Firefox, Safari, Google Chrome). These cookies are used for various reasons, for example, remembering what you have put in your shopping basket as you browse a website. They can also be used for security to access your Internet banking or email.

Persistent cookies

These cookies are still stored on your computer after you have closed your web browser. These cookies are used for a variety of purposes, so it allows preferences to be remembered, for example your preferred language or currency, or your user name on a particular website.

First and Third Party cookies

This refers to the website placing the cookie. First party cookies are cookies set by the website you are visiting. Third party cookies are set by another website; the website you are visiting may have advertising on the page and this other website will be able to set a cookie on your computer. Main web browsers allow third party cookies by default. Changing the settings on your browsers can prevent this.

Exceptions

There are some exemptions to the above where it is essential for a website to store information on your computer, for example, to provide a service to you that you have requested.

Our use of cookies

We use cookies to improve your experience on our website and service and for functionality purposes;

We also use cookies to understand your usage of our website and service;

We have partners who have referred clients and in using cookies, we track referred sales so we can compensate our partners accordingly;

We also use cookies for remarketing purposes, for example, once you have been on the BREX website and then you visit another website which has Google adverts, you will see a BREX advert to remind you of our products and services.

Examples of information processed by means of cookies include the internet protocol address, email receipt and read notices, logins, email addresses, passwords, information on the computer and link to the Internet, such as browser type, version and number, operating system and platform, the uniform resource locators clickstream through and from the websites, browser data or similar data.

Further information can be found on http://www.allaboutcookies.org/.

Google Analytics and remarketing

We make use of tracking technologies to constantly improve our service. Therefore, we use Google Analytics, a web analytics service operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter "Google").

The analytics tool works on the basis of cookies. The information generated by the cookie will usually be transmitted to and stored by Google on its servers in the United States.

As part of the IP-anonymization, your IP address will be shortened by Google within a member state of the European Union or within other states that are parties to the European Economic Area Agreement. Google will use this information on behalf of 360kopmany for the purpose of evaluating the User’s use of the Website. Google will not associate your IP address with any other data held by Google. As a User, you may refuse the use of cookies by selecting the appropriate settings on your browser (e.g. Safari, Internet Explorer, Opera, Firefox, etc.). You may also prevent the acquisition and processing of the data generated by the cookie by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en

BREX uses remarketing technologies to create interesting offers for you and other Users. This technique makes it possible to address Users, who have already been interested in BREX products, on partner sites. The placement of these advertisements is based on a cookie technology and analysis of previous user behavior. This form of advertising is completely anonymous. No personal data is stored and no user profiles containing personal data are created.

Changes to Privacy Policy

In case BREX changes its Privacy Policy, such changes will be displayed on this page. As a User, you are required to also visit the General Terms and Conditions. As a registered User, you are notified by email about any change to the General Terms and Conditions and/or Privacy Policy. As registered User you automatically accept the amended General Terms and Conditions and/or Privacy Policy when you next login after the amendment.

Masthead
BREX Business Register Exchange GmbH
Mariahilfer Straße 93/2/20, 1060 Vienna, Austria
Email: contact@brex.io
Phone: +43 720 882960
Managing Directors: Russell E. Perry
Commercial Court: Vienna, FN405096f

Returns & Refunds

Effective October 1st, 2014

General

This Refund Policy is integral part of the General Terms and Conditions (the “GTC") of BREX Business Register Exchange GmbH, registered with the commercial register of the commercial court in Vienna under registration number FN405096f, having its registered office in Vienna ("BREX"). Please refer to points 7.1.3, 7.1.6 and 7.2.3 of these GTC.

7.1.3 Cancellation

A User may cancel an API Plan and a Subscription at any time without stating the reasons, taking effect from the date up to which the API Plan or Subscription has been prepaid. In case of a cancellation, the refund of the API Plan and Subscription payment is not possible. API Plans and Subscriptions must be cancelled in writing, either by postal mail or email.

Following a cancellation, the API Plan and the Subscription remains valid for the period specified. During this period the User may make full use of the benefits derived from the API Plan or Subscription. In this case, there is no automatic renewal.

7.1.6 Refund

In principle, it is not possible to obtain a refund for products and services purchased within an API Plan and Subscription.

7.2.3 Refund

Refunds of payments and the issue of credit notes to a User for services already obtained from BREX are excluded, except in the case where BREX does not fulfill the services due to the non-transmission of the requested data because of a proven technical fault on BREX’s end. Clause 5 of the GTC applies mutatis mutandis.

In cases in which a User cannot open, view or print purchased products due to problems with the User's computer, printer or systems setup, the obligation of the User to settle all fees remains untouched and BREX will not honour refund requests. No refund is possible with regards to payments that contain official fees and arise upon searches in and access to the data of public databases, including commercial registers or companies registers and in particular the Austrian companies register, the European Business Registry (EBR) and similar services.

Information, complaints and data queries via email to support@brex.io or phone +43 720 882960