smart steelmaking

Terms and Conditions - English

Terms and Conditions

Introduction

These terms and conditions govern your use of the BOF Calculator product hosted at https://bof.smartsteelmaking.com/ also referred to as “this application”, “our application”, “this service”, “our service”, “this product”, “our product”, “us”, “we”, or “smart steelmaking”. By using this application, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this application.

You must be at least [18] years of age to use this application. By using this application [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age. In case you are under the age of 18, you are only permitted to use our application with parental consent.

This application uses cookies. By using this application and agreeing to these terms and conditions, you consent to our use of cookies in accordance with our privacy policy found at: https://www.smartsteelmaking.com/legal-notice-en/.

Effective date: October 30, 2018

Person in charge

Paul Uhl-Hädicke / smart steelmaking
Coulinstraße 1
4020 Linz Austria
Email address: office@smartsteelmaking.com
Link to this page: https://www.smartsteelmaking.com/terms-and-conditions-en/

License to use website

Unless otherwise stated, smart steelmaking and/or its licensors own the intellectual property rights in the application and material on the application. As delineated below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the application for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
 - republish material from this application (including but not limited to republication on another application)
 - sell, rent, or sub-license material from the application
 - show any material from the application in public
 - reproduce, duplicate, copy, or otherwise exploit material from this application for a commercial purpose
 - redistribute material from this application except for content specifically and expressly made available for redistribution such as downloadable print-out versions

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this application in any way that causes, or may cause, damage to the application or impairment of the availability or accessibility of the application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this application without smart steelmaking’s express written consent.

You must not use this application to transmit or send unsolicited commercial communications.

You must not use this application for any purposes related to marketing without smart steelmaking’s express written consent.

You must not sell information or data generated by us and/or displayed on our application.

You must ensure that all the information you supply to us through our application, or in relation to our application, is accurate and non-misleading.

Restricted access

Access to certain areas of this application is restricted. Smart steelmaking reserves the right to restrict access to (certain areas) of this application at smart steelmaking’s discretion.

If smart steelmaking provides you with a user ID and password to enable you to access restricted areas of this application or other content or services, you must ensure that the user ID and password are kept confidential. In case they are not, you must notify us immediately upon becoming aware of it.

We reserve the right to suspend your account at any time in our sole discretion without notice or explanation but not without proper reasons.

You may delete your account on our application using your account control panel on the application. Be aware that your account is tied to your subscription. If you need to create a new account under the same subscription or in case you want to replace or reset your old account or if you want to cancel your subscription, please contact us.

You are responsible for any activity on your account and may be held liable for any losses arising out of misuse or similar.

Registration and accounts

You may register for an account with our application by completing and submitting the account registration form on our application and clicking on the verification link in the email that the application will send to you.

Each account is meant to be used by one person only. You must not use any other person's account to access the application, unless you have that person's express permission to do so.

You must notify us in writing immediately if you become aware of any unauthorized use of your account.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this application, for whatever purpose.

You grant to smart steelmaking a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, translate, and store your user content on and in relation to this application and any successor application.

Your user content must not be illegal, unlawful, indecent, obscene, or similar, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or smart steelmaking or a third party (in each case under any applicable law).

You must not submit any user content to the application that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Smart steelmaking reserves the right to edit or remove any material submitted to this application, or stored on smart steelmaking servers, or hosted or published upon this application.

No warranties

This application is provided “as is” without any representations or warranties, expressed or implied. Smart steelmaking makes no representations or warranties in relation to this application or the information and materials provided via this application.

Without prejudice to the generality of the foregoing paragraph, smart steelmaking does not warrant that:
 - this application will be constantly available, or available at all; or
 - the information in this application is complete, true, accurate or non-misleading,

but we nevertheless do strive to provide you with the best service and experience possible.

Nothing in this application constitutes, or is meant to constitute, advice of any kind. The company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Limitations of liability

Smart steelmaking will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this application:
 - for any indirect, special or consequential loss; or
 - for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if smart steelmaking has been expressly advised of the potential loss.

Exceptions

Nothing in this application disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this application disclaimer will exclude or limit smart steelmaking's liability in respect of any:
 - death or personal injury caused by smart steelmaking’s negligence;
 - fraud or fraudulent misrepresentation on the part of smart steelmaking; or
 - matter which it would be illegal or unlawful for smart steelmaking to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this application, you agree that the exclusions and limitations of liability set out in this application disclaimer are reasonable. If you do not think they are reasonable, you must not use this application or you can contact us to make us aware of any potential issues.

Payment

As we intend to provide the best possible experience and individual subscription plans, payment is handled via email contact and bank transfers. Subscription cancellations and potential refunds are handled in the same way.

Other parties

You accept that smart steelmaking has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against smart steelmaking’s officers or employees in respect of any losses you suffer in connection with the application.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this application disclaimer will protect smart steelmaking’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as smart steelmaking.

Indemnity

You hereby indemnify smart steelmaking and undertake to keep smart steelmaking indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by smart steelmaking to a third party in settlement of a claim or dispute on the advice of smart steelmaking’s legal advisers) incurred or suffered by smart steelmaking arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to smart steelmaking’s other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the application, prohibiting you from accessing the application, blocking computers using your IP address from accessing the application, contacting your internet service provider to request that they block your access to the application and/or bringing court proceedings against you. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the company.

Confidentiality and security

Client records are regarded confidential. Clients have the right to request sight of, and copies of any and all applicable client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent the personal information you entered to any third party or use your e-mail address for unsolicited mail. Any emails sent by this company will only be in connection with the provision of agreed services and products.

The data you enter on our application is only visible to and processed by us. Additionally, all your data is encrypted in transit and at rest to prevent unauthorized access. Confidential company-related information is processed on an as-needed-basis, e.g., to perform the calculations you requested by clicking the “Calculate” button or similar actions and to improve our services.

Your data is securely transferred to, stored, and processed on Microsoft Azure’s servers located in Western Europe where this application including its database and other essential and necessary parts of our service are hosted. Please check their policy for further details: https://azure.microsoft.com/en-us/support/legal/?cdn=disable.

Variation

We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this application from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. In case of fundamental changes or changes which are disadvantageous to you, you will be notified via email or any other appropriate means.

Assignment

Smart steelmaking may transfer, sub-contract or otherwise deal with smart steelmaking’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such events shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.

Entire agreement

These terms and conditions, together with our privacy policy available at https://www.smartsteelmaking.com/legal-notice-en/ constitute the entire agreement between you and smart steelmaking in relation to your use of this application, and supersede all previous agreements in respect of your use of this application.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Austrian and EU Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Austria.

Credit

This document was created using templates provided by Contractology available at http://www.contractology.com and SEQ Legal available at http://www.seqlegal.com.

Contact

If you have any questions about these terms and conditions, please contact us via office@smartsteelmaking.com