Railway PRO (“Siteowner”), operates under the URL www.railwaypro.com (“the Site”) a communication platform that provides online content free of charge and content subject to payment. The content is available to any persons, legal and natural persons (“the Users”) that agree to the terms and conditions below.
These terms and conditions for the use of the Site shall exclusively apply to all Users. Any terms and conditions of Users diverging from or opposed to these terms & conditions of use shall not apply unless approved in writing by Siteowner in the particular case.
Siteowner reserves the right to amend these terms & conditions of use at any time without stating any reasons. In the case of an amendment, a publication or notification will be placed on the platform.
Contents, availability of the platform
All contents and services offered through the Site belongs to Siteowner. Siteowner grants you a non-exclusive licence to access and use the content for your personal purposes. You may not reproduce or distribute any part of the content for commercial purposes. Copyright, database rights and all other intellectual property rights comprised in or relating to the services and materials belong to Siteowner and its licensors.
Siteowner shall have the right to modify, complement or remove any and all sections of the platform at its sole discretion. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The platform can be used only in connection with the latest state of the art equipment. Technical disruptions of the power supply and/or transmission network, hardware/software failures, shortages in capacity, security- or service-related interruptions may restrict the availability of the platform. Siteowner offers no warranty and assumes no liability for that the platform is at all times fully usable.
User has to complete a web form in order to register. User shall fully and accurately provide the data requested on the form. Information that is marked mandatory must be provided.
User shall truthfully provide the data required for the registration. Siteowner reserves the right to bar Users whose data are incomplete or obviously wrong, as well as Users who have registered by circumventing the form by technical means. If the data requested change after registration, User shall be obliged to notify any such changes without delay.
The consent to the aforesaid use of User’s personal data, where required, shall be issued separately. Without such consent, where required, the registration is deemed incomplete and will thus be refused.
User name, password
The User name and the password are not transferable to third parties. In particular, Users are requested to change their password at regular intervals so as to minimize the risk of unauthorized third party access.
When registering with the platform, User may, after having filled in the form, correct the data entered, where necessary, before submitting the application to Siteowner for registration by clicking the button “Submit”.
Siteowner will examine the application for registration. If the outcome is positive, User will receive an e-mail informing User of the relevant User rights.
Simultaneously, the account will be activated, allowing User to immediately use the platform. Transmission of the access data is deemed the acceptance of the application for registration.
In order to access the paid content the User shall agree to pay any subscription fees at rates in effect when the charges are incurred. The User can pay using a credit or debit card, bank transfer or PayPal. By submitting the payment details to the Siteowner the User warrants that they are entitled to purchase the paid content using those payment details. If no payment authorisation is received or payment authorisation is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any paid content. The Siteowner will try to process the User’s request for any paid content promptly but does not guarantee that the paid content will be available to the User by any specified time.
Term of use / Termination
Siteowner offers registered Users the use of the platform created and managed by Siteowner. Access to the paid content hosted on the platform is limited to the period payment has been made for. The access period can be prolonged by respective payment. A contract with the User for paid content will come into effect when the fee is actually paid. The User having paid the fee for a subscription for the supply of paid content for a defined period will have no right of cancellation for the supply of the paid content other than the right to cancel the subscription for paid content. This does not affect the User’s statutory rights. Irrespective of the above, Siteowner may at any time terminate the right of use by extraordinary notice for cause. There is no claim to any refund of paid fees. In particular but without limitation, cause for extraordinary termination is given if
- User uses the platform to undertake any business which is contrary to any laws or honest practices, or if the use as such is contrary to any laws or honest practices, or
- User breaches these terms & conditions of use (with provable intent and/or gross negligence), or
- User has provided incorrect information in the registration, or
- User, will fully or by gross negligence, transmits incorrect data to Siteowner to be placed on the platform, or
- reasons, giving rise to doubts about a users seriousness and solidarity, are discovered.
Links and other third party contents
Where the website references other websites or includes links to other websites operated by third parties, Siteowner shall not be held responsible for the contents of these third party websites, unless Siteowner is aware of the contents and it is technically feasible and reasonably practicable to prevent the use of the links in the event of any illegal contents. The contents of the sites operated by third parties qualify as third party contents which Siteowner expressly does not adopt as its own and on which Siteowner has no influence. In general, no liability is assumed for any such third party contents.
The User expressly agrees that the use and browsing of the Site is at the User’s own risk as well as downloading any material form the Site. Neither the Siteowner nor any other party involved in creating or delivering the Site, is liable for any direct, incidental, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Where the liability of Siteowner is excluded or limited, such exclusion or limitation also applies to the personal liability of the staff, employees, representatives and vicarious agents of Siteowner. User undertakes to indemnify Siteowner in the internal relationship on first request from and against any and all claims of third parties, on whichever legal grounds, which are based on unlawful acts of User or faulty contents of the information provided by User. In particular, this applies to claims based on copyright infringements, data protection violations, trademark infringements and acts of unfair competition.
Siteowner shall comply with the provisions of data protection in the collection, exploitation and transfer of personal data:
The statutory requirements
The User data are processed in accordance with the requirements of teleservices data protection. Accordingly, Siteowner has the right to use personal data for the purpose of processing, provided this is required to establish, devise the contents of, or amend a contract (master data) and to render and, if applicable, bill the services (use data). Use data will be processed and used after the end of a use of the platform only to the extent required for billing, if applicable (billing data), this includes the transfer of the data to third parties, where required to determine the remuneration and to bill a use.
For the event that Users request individual proof of the use of specific offers subject to a charge, billing data, if any, will be stored for a maximum period of six months after the posting of the bill, unless objections are raised against a bill or payments remain outstanding.
Unless objected to by the Users, Siteowner is allowed for purposes of advertising, market research and for the customized design of its services, to draw up use profiles using pseudonyms for the Users. Any objections in this respect shall be addressed directly to Siteowner.
Data protection at Siteowner
When Users apply for registration, their name, address and payment details are requested. These data will be used for the following purposes:
- rendering and billing of content and services;
- information about products and services, or about those of other companies; Users who do not wish to receive such information are asked to contact the Siteowner;
- transfer of data to third parties as required by the law.
Cookies may be used on the platform which the browser will store on the User’s computer. Cookies will be used to store information (including, for example, the settings of a PC) to facilitate future visits to the platform. This information includes neither names nor addresses nor any other personal data. The browser of the platform can be set up so no cookies are accepted when the platform is visited. Should User opt against cookies, however, User may not be able to make use of all the possibilities offered by the platform or be denied access to certain parts of the platform.
Transfer of data to non-EU countries
For technical and operational reasons, it may be required to transfer User data to (the servers of) companies cooperating or affiliated with Siteowner, which are situated in Europe or other countries outside Europe, and whose data protection requirements may not offer the same level of protection as in the European Union. However, Siteowner shall at all times take the appropriate measures to ensure optimum protection of the data.
Viewing and correction of data
If User would like to view the data Siteowner has stored about User, or amend any User data, he is requested to contact the Siteowner.
This data protection statement remains subject to amendment. Amendments, if any, will be publicized on the platform.
The use of the platform shall be governed by international laws with the exclusion of the UN Sales Convention. Provided User is a business or a person, the place of jurisdiction shall be the domicile of Siteowner; however, Siteowner shall have the right to sue User at any other legally admissible place of jurisdiction.
If any of the above provisions of these terms and conditions are held to be or become, wholly or partially, invalid, nothing in this shall prejudice the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which accomplishes, to the best possible extent, the recognizable economic purpose of the invalid provision. The same applies in the case of any regulatory gaps in these terms and conditions.