Legal Notice


Copyright

All content on this site, including, but not limited to text, photos, graphics, logos or button icons and computer code relating thereto or associated therewith, as well as the compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of MARKSIM SERVICES GMBH and is protected by copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited without prior written permission from MARKSIM SERVICES GMBH.

Trademarks

MARKSIM is a registered EU-trademark of MARKSIM SERVICES GMBH and must not be used in connection with any product or service without the express written permission of MARKSIM SERVICES GMBH.

Links

This site may contain links to other web sites which are not owned or operated by MARKSIM SERVICES GMBH (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. MARKSIM SERVICES GMBH is not responsible for the content of the Linked Sites, whether or not MARKSIM SERVICES GMBH is affiliated with sponsors of the sites. MARKSIM SERVICES GMBH does not in any way endorse the Linked Sites. MARKSIM SERVICES GMBH welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by MARKSIM SERVICES GMBH. You may not use on your site any materials appearing on any MARKSIM SERVICES GMBH site, including but not limited to any logos or characters, without prior written permission from MARKSIM SERVICES GMBH. You may not frame or otherwise incorporate into another web site any of the content or other materials on the MARKSIM SERVICES GMBH site.

Use of Site

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose that is not expressly permitted by MARKSIM SERVICES GMBH in duplicate writing. MARKSIM SERVICES GMBH reserves the right to refuse service, terminate accounts, and/or cancel orders in its sole discretion, including, without limitation, if MARKSIM SERVICES GMBH believes that the customers conduct violates applicable law or is harmful to the interests of MARKSIM SERVICES GMBH or its affiliates.

Disclaimer

This site and the materials on this site are provided by MARKSIM SERVICES GMBH on an “As is” basis. MARKSIM SERVICES GMBH makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, MARKSIM SERVICES GMBH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose. Neither MARKSIM SERVICES GMBH nor any of its affiliates or related entities, nor any person involved in the creation, production, and distribution of this site warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that MARKSIM SERVICES GMBH or the server that makes it available are free of viruses or other harmful components. The material that you read on this site is provided solely for information and promotional purposes. MARKSIM SERVICES GMBH does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of the correctness, accuracy, reliability, or otherwise. You expressly agree that the use of this site is at your sole risk. You (and not MARKSIM SERVICES GMBH) assume the entire cost of all necessary servicing, repair or correction. You expressly agree that neither MARKSIM SERVICES GMBH, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of this site are responsible or liable to any person or entity whatsoever for any loss, damage (whether direct, indirect, incidental, actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other MARKSIM SERVICES GMBH web site. You expressly acknowledge and agree that MARKSIM SERVICES GMBH is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

Applicable law and exclusive jurisdiction

This web site is created, controlled and operated by MARKSIM SERVICES GMBH from its headquarters in Vienna, Austria (Europe). MARKSIM SERVICES GMBH makes no representation that materials on this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Terms and conditions of MARKSIM® SaaS


1. Scope of Service

The online tool MARKSIM® is provided to the Business Partner and/or (End-) User by MARKSIM SERVICES GMBH as a SaaS (Software as a Service) solution for the project activity.

2. Order and Terms of Payment

Orders placed with MARKSIM SERVICES GMBH shall be made in writing. Unless otherwise agreed, MARKSIM SERVICES GMBH is entitled to issue the first partial invoice immediately after the order is placed, for the sum of 50% of the total order amount, with immediate effect. The second partial invoice (50% of the total order amount) is due after the data has been imported and placed online (activation). In the case of late payment, 8% above the base rate of interest shall be agreed upon as default interest. In this case, MARKSIM SERVICES GMBH is entitled to immediately block access to the relevant simulation portal and to rescind the contract.

3. Maintenance, Data Security and Service Level

Generally, MARKSIM SERVICES GMBH will provide access to the simulation portal 24 hours a day. Notification of routine maintenance will be posted on the marksim.net homepage. Maintenance work can take place daily between the hours of 6pm and 8am, and all day on Saturday, Sunday and Public Holidays. Urgent and necessary maintenance work may also be carried out during the day.

MARKSIM® operates in certified data processing centres with 24/7 support. A backup of all studies and all settings will be made daily between the hours of 6pm and 8am. MARKSIM SERVICES GMBH is committed to ensuring a service level of 99% for its business partners and customers, but cannot provide a guarantee.

4. Privacy and Due Diligence

All information relating to studies that is accessible using the online tool is subject to data protection. Any Business Partner must take precautions to ensure that the consent of the relevant owner has been obtained to provide data to MARKSIM SERVICES GMBH, such that MARKSIM SERVICES GMBH is also permitted to process the data and incorporate it into the system.

Users are not permitted to give their access data (usernames and passwords) to third parties, and must take particular care to protect these. In the case of loss or transfer, MARKSIM SERVICES GMBH must be informed immediately, after which access to the affected account will be blocked and a new one must be requested.

If damage results from the disclosure of access data, whether intentional or unintentional (e.g. through what is known as malicious software, such as viruses or Trojans), MARKSIM SERVICES GMBH shall be indemnified and held harmless by the User/Business Partner concerned.

If the Marksim simulation portal or the data used within it is used improperly (not in accordance with the contract), MARKSIM SERVICES GMBH is entitled to block individual access or an entire study until the matter is clarified.

MARKSIM SERVICES GMBH is allowed to ask its customers as well as the business partners’ customers about their software experience and about their customer satisfaction.

5. Disclaimer

The methods used by MARKSIM® (segmentation, simulation etc.) are state-of-the-art. Nevertheless, MARKSIM SERVICES GMBH assumes no liability for results that do not meet expectations, not least because the quality of results is highly dependent on the quality of prior projections. Neither can liability be accepted for any errors or mistakes in data collection or data processing. Equally, claims resulting from application errors (for example any subsequent damage due to calculation errors) are excluded. We do not provide any warranty for defect.

6. Any Other Business

If any part of this Agreement conflicts with the applicable law, the remaining points maintain their validity. The court of jurisdiction and performance shall be Vienna. Austrian law applies. Each contractual partner must provide immediate notification of changes to their address, legal form or impending insolvency (bankruptcy or settlement). Deviations from this contract must be made in writing, as must be the departure from this requirement. Verbal ancillary agreements as well as General Terms and Conditions of the respective parties are not binding unless MARKSIM SERVICES GMBH has explicitly confirmed them in writing.

(last updated: 2016/09/28)