(Last update: April 2018)
1.1 These terms and conditions form the contractual basis for your use of the offer of www.gold-price.com.au (hereinafter referred to as the "Platform"). Other General Terms and Conditions, which deviate from these General Terms and Conditions, are not accepted by the provider - subject to express consent. You have the possibility at any time to request the current version of these General Terms and Conditions under the link and / or to process this text using the button "Save" or "Print".
1.2 Your contractual partner is the company KTsys Solutions GmbH, Am Sonnenhang 14, 94539 Grafling, Germany (hereinafter: KTsys).
1.3 The contact person named in the imprint is the e-mail address which you will also find at the end of this text.
1.4 KTsys is entitled to change these terms and conditions for objectively justified reasons (such as changes in case law, legal situation or for economic reasons) and within a reasonable period of time. Inventory users will be notified by e-mail. If the user does not object within the time limit set in the change notice, his consent to the change will be deemed granted. Notification of the intended change of these terms and conditions will indicate the period and consequences of the objection or non-occurrence.
2.1 You can use the offer of KTsys free of charge after entering the site. All internet users from the age of 18 are entitled to use if they use the service in Australia.
2.2 The use of the platform is basically possible without registration. Certain platform functions are only possible after a successful registration. When registering, the user must enter their details completely and truthfully in the registration form.
2.3 KTsys offers its service for free. The integration into the KTsys system, as well as banner ads are charged to the advertiser.
3. Obligations of the user
You are required to use the information on the platform for private purposes only. For any other use, please first contact KTsys and inquire for a permit. Incidentally, please note the "Usage rules and conduct obligations" printed below.
4. Rights of use of content
By posting images on the platform, the user allows KTsys and all other users registered on the platform to share this content within the platform or otherwise use it within the functionality of the platform; the images may be displayed in the newsfeed and used to illustrate the content there. Furthermore, the images may be used to illustrate the products displayed and compared on the platform. If the user deletes the discontinued content from the platform after it has been shared by KTsys or other users within the platform or used elsewhere within the platform, the right of use of KTsys and the other users to the posted content remains. The user has to ensure that there are no conflicting third-party rights to the content. As long as the rights of use granted here are granted, the user may not grant third parties exclusive rights to use the content.
5. Data Protection
6. Limitation of Liability
6.1 KTsys is liable to the user from all contractual, contractual and statutory, including tort claims for damages and reimbursement of expenses for any legal reason whatsoever in case of intent or gross negligence, willful or negligent injury to life, limb or health, due to a guarantee promise, unless otherwise stipulated in this regard and due to mandatory liability.
6.2 VIf KTsys negligently violates a material contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding paragraph. Significant contractual obligations are obligations which the contract imposes upon KTsys according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely.
6.3 The above liability regulations also apply with regard to the liability of KTsys for its vicarious agents and legal representatives.
6.4 KTsys assumes no warranty for the constant availability and accessibility of the portal. In particular, force majeure, strike, lockout or malfunction established.
6.5 KTsys is working hard and using enormous technical effort to provide the most objective and accurate data possible. Nevertheless, errors in the data can not be explicitly excluded. KTsys is expressly not liable for damage of any kind resulting from the use of avoidable, objectively erroneous, supposedly correct or objectively correct data from KTsys. The cases of compulsory liability mentioned in paragraphs 1 and 2 remain unaffected.
7. Declaration of freedom
If you culpably breach these Terms and Conditions or any other applicable law in the course of or in connection with the use of this service, you shall indemnify KTsys against all damages, including the costs of legal defense, to the amount of the statutory fees.
8. Termination / blocking of access
8.1 If you violate these Terms and Conditions or the rules of use and conduct, KTsys is entitled to exclude you from further use of the platform without notice.
8.2 KTsys is also authorized to block your access to the platform for your own safety should KTsys become aware of the unauthorized use of your access by third parties.
8.3 KTsys also has the right to block your access to the platform if you are in default of payments after being reminded by KTsys. KTsys will release the block immediately after the amount has been paid. The right to terminate for cause remains unaffected.
8.4 Incidentally, both you and KTsys are entitled to terminate this agreement on the use of KTsys with one week's notice.
9.1 Applicable is the law of the Federal Republic of Germany to the exclusion of the UN sales law, as far as this choice of law does not lead to a consumer being thereby removed from mandatory consumer protection standards.
9.2 If the user is a merchant, a legal entity under public law or a special fund under public law, the court is at our registered office in 94539 Grafling (Germany), unless an exclusive place of jurisdiction for the dispute is justified. This also applies if the customer is not resident in the European Union.
9.3 KTsys is also entitled, with one month's notice, to transfer the rights and obligations arising from this contract to other companies of the KTsys Group or third parties.
10. Information on online dispute resolution
As part of our legal duty to inform KTsys, the European Commission is providing a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. KTsys is unwilling and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Our e-mail address is firstname.lastname@example.org
Usage rules and conduct obligations
When using the platform, the user must observe all legal regulations and refrain from anything that could damage the reputation of the platform. In particular, the following rules should be observed:
1) The information on the websites of the KTsys is exclusively for private use by natural persons resident in Australia.
2) The forwarding and processing of the presented information (especially on the internet or in print media) is not permitted.
3) The systematic automated retrieval or readout of the information provided is prohibited.
4) KTsys or the respective manufacturer or provider owns the copyright and all other protective rights on all websites including the source code, layout, software and their contents.
5) The retrieval of the web pages, their contents, even of such parts, may be made solely for private, non-commercial use. Copyright notices and brand names may not be changed or removed.
6) Any further actions require the express written permission of KTsys.
7) Violations are prosecuted under criminal and civil law and in particular give cause for injunctive relief and claims for damages. KTsys is entitled to exclude any user in case of suspected violation of the terms and conditions or these usage rules from the use of the platform and to block or delete his account. It is up to the user to remove the suspicion.