I. Operator and scope
- SEQRID is a technical service for improving post-emergency procedures. The headquarters of EmBerg GmbH as operator of the platform is Bauernstrasse 1 / WDZ 9, 4600 Wels, Austria
- The following terms and conditions contain the basic rules for using the SEQRID. EmBerg GmbH hereby expressly objects to the validity of any conditions of use, general terms and conditions and other similar agreements which are made available by the contractual partner / user and / or the contractual relationship between EmBerg GmbH and the user.
- Changes to the services offered on the website, product descriptions and general terms and conditions by SEQRID will be communicated to the users in writing by email and shall be deemed agreed if the user does not object within two weeks. In addition, these General Terms and Conditions of Business in their current and valid version are available for download at https://www.seqrid.com/terms.
- All forms of additional agreements, both before conclusion of contract and during the contract period, must be in writing in order to be valid. This also applies to the deviation from the written form requirement.
- The User Agreement is in effect as long as the User is registered with SEQRID.
- In case of discontinuation of the SEQRID platform, the registered users will be informed by EmBerg GmbH about this setting in good time and, in the case of the use of SEQRID PLUS +, they are entitled to a pro rata reimbursement of the subscription cost.
"User" means any natural person who has registered properly with SEQRID and uses the platform as intended.
III. Data Processing
- The processing of personal data takes place on the basis of the fulfillment of the contractual obligations on the part of EmBerg GmbH towards the user. Where an explicit consent of the user is required by the processing of the data by EmBerg GmbH, this is obtained from EmBerg GmbH.
- In any case, the user has the right to obtain information from EmBerg GmbH regarding his personal data, as well as for rectification or deletion or for limitation of processing or a right to object to the processing and the right to data portability. Likewise, the user has the right to complain to the data protection authority (https://www.dsb.gv.at).
- It is expressly pointed out by EmBerg GmbH that, as part of the use of SEQRID and the provision of the data on the SEQRID platform, these personal data are read out by third parties via the SEQRID code entangled with the user account. The user has to give their explicit data protection consent in the login area of SEQRID.
- The user also notes that the use of SEQRID involves contacting a contact person defined by the user. The user shall ensure that the personal data and in particular the contact details of the contact person may legitimately be processed and used.
IV. Registration / User Account
- The use of SEQRID requires registration and thus the establishment of a SEQRID user account. The user is obliged to provide the data collected during the registration truthfully and completely. This applies in particular to those with a (*) marked data, which are necessary for the provision of services on the part of EmBerg GmbH. In the event of a change in the data collected after registration, the user must update their details in his user account without delay. Moreover, it is possible for the user to subsequently change their password. The entered data and their relevance are not checked by EmBerg GmbH and are the sole responsibility of the user.
- When registering, the user defines an account by specifying the email address and a password (referred to below as access data). When using the e-mail address, it must be ensured that the rights of third parties, in particular name, trademark or trademark rights, are not infringed or that access data that are otherwise unlawful or may be used contrary to common decency may be used. The user has to keep the access data secret and keep it protected against access by unauthorized third parties. If the user has lost the access data, or if they find or suspect that their access data are being used by a third party, they must notify SEQRID immediately. If possible, the user in this case has their access data, in particular the password set to change immediately.
- After submitting the registration form, the user of SEQRID will receive an e-mail with a confirmation link and an activation key. However, SEQRID reserves the right to refuse the user's registration without giving reasons.
- The use of SEQRID is not permitted to minors and others who are not or only partially capable of acting. Similarly, the indirect use of these persons with the help of third parties is not permitted. In this regard, SEQRID reserves the right to delete the user account upon notification of this circumstance or to reject the user's registration without giving reasons.
V. Subject of the Service SEQRID
- EmBerg GmbH provides an online platform on www.seqrid.com over the Internet so that users can deposit a personal emergency data record online, which can be called up at any time for emergency helpers using the offered SEQRID products or the QR code generated free of charge. These emergency workers may or may not be members of Blue Light Organizations. Rather, the readout option exists for each person who has the appropriate technical equipment.
- Anyone presenting a QR code generated by SEQRID or a SEQRID product bearing such a code can scan the QR code on it with a QR code reader. The blue light organizations and other persons have no obligation to read the information deposited with SEQRID. SEQRID is just a support.
- After the scan, in the first step the personal message, the picture and a contact to the user's confidant are displayed. After pressing the link "emergency passport", the scanner will be asked to read out the location data of its scanning device and if confirmed, will be directed to the stored emergency data.
- Information on the person of the user can be stored, information on the state of health, previous illnesses, allergies and intolerances, special circumstances in an emergency, the medication and the place of storage of the emergency medications. Furthermore, emergency contacts and their telephone accessibility can be deposited. It is expressly pointed out that a SEQRID product that is not linked to the user's own profile should never be used. Using the product, and thus the record of a third party, can lead to misleading the helpers and false assistance to the user.
VI. Liability of SEQRID
- The platform seqrid.com and access by helpers and patients is dependent on the technical conditions of the Internet. In any case, the retrieval of the emergency data depends on an existing data connection, the possibility of scanning the reading device and how the scanning device is configured. EmBerg GmbH does not guarantee the retrieval of the data in relation to these factors.
- Permanent accessibility and availability is therefore not guaranteed. Maintenance and further development work may mean that the use of the portal is temporarily not possible. In this case, SEQRID endeavors to indicate any restrictions on availability beforehand. In particular, retrievability due to damage to the SEQRID code may be restricted or impossible, and EmBerg GmbH assumes no liability in this respect.
- Insofar as the services of EmBerg GmbH include maintenance work or similar, EmBerg GmbH shall not owe any specific reaction time, unless specific reaction times have been agreed in detail.
- SEQRID does not check the information provided by the user for their accuracy and does not accept any damage caused by incorrectly set information.
- The right to warranty is limited to 6 months and the right to warranty recourse to 12 months from handover. The user is entitled to the right of improvement or replacement or, in the case of non-essential defects, also to price reduction or, in the case of significant defects, also to conversion at the discretion of EmBerg GmbH.
- The right to contest because of error and for shortening more than half is excluded.
- Claims for damages of the user, except for personal injury, are excluded, as far as these are not based on gross negligence or intent of EmBerg GmbH. The user acknowledges that the total damage is capped at € 5.000, - claims for damages expire in six months from knowledge of the damage and the injuring party, but in any case after three years from the infringing act.
- All rights to SEQRID, including all databases used for the provisioning, the software used for this purpose, the content set, data and other elements belong solely to EmBerg GmbH. This does not affect the rights of users to the content they post.
VIII. Changes to the Terms and Conditions
EmBerg GmbH reserves the right to change these general conditions of use at any time. The changes or the new general conditions of use will be communicated to the registered user by e-mail. They are deemed agreed if the user does not object to their validity within 14 days after receipt of the e-mail. The contradiction requires the text form, so at least one e-mail. EmBerg GmbH will separately inform the user in the e-mail about the possibility of contradiction, the deadline and the consequence of his inaction. If the user objects, both EmBerg GmbH and the user have the right to terminate the user agreement by giving notice.
IX. SEQRID PLUS+
- SEQRID PLUS + is a paid product that unlocks the following advanced features for the user:
- Management of up to 5 family members within the main account.
- Translation of the website is accessible via the QR code (except for the functions entered by the user).
- Transmission of scan position during emergency scans.
- Activation of the functions "I'm-OK" and "Send position".
- The subscription contract for SEQRID PLUS + only comes into effect when it is accepted by EmBerg GmbH, as EmBerg GmbH activates the user's Nuttzerkonto for its use in the context of SEQRID PLUS +. The possibility of creating a user account on the website of SEQRID therefore does not constitute an offer on the part of EmBerg GmbH. Instead, such an offer to enter into contractual relationships with SEQRID PLUS + always comes from the user.
- The result is an unlimited contract in the form of a subscription model.
- The user of SEQRID PLUS + can delete their account at any time by sending a corresponding declaration to EmBerg GmbH. The deadline for deleting the user account at SEQRID is 14 days.
X. Final Provisions
- The legal relations between the user and EmBerg GmbH are governed exclusively by Austrian law, excluding international referral standards. The provisions of the UN Sales Convention do not apply.
- The place of jurisdiction for all disputes between EmBerg GmbH and the user is the relevant Austrian court in Wels.