TERMS OF USE  – Statistical Database STATcube by Bundesanstalt Statistik Österreich (hereinafter “Statistics Austria”)

STATISTIK AUSTRIA provides this translation of the Terms of Use for information purposes only. The German text of the Nutzungsbedingungen is controlling.

1. General

1.1 The Statistical Database STATcube of STATISTICS AUSTRIA (hereinafter „STATcube“) is publicly available and may be used, in a restricted scope, free of charge (“Guest Access”). The Guest Access offers access to overview data; the data available is restricted with respect to structural depth and volume and the size of query tables is limited.

1.2 Pay for Use Services: For accessing the Pay for Use Services, which exceed the Guest Access services and offer, for example, retrieval of large volumes of data and access to data locked in the Guest Access, a user has to register with STATcube and purchase a subscription.

1.3 Queries in STATcube may only be performed by using the STATcube-access-web-application offered on the website. Use of automatic retrieval systems (bots or crawlers…..) is not allowed for retrieving data from STATcube.

2. Subscription – access to Pay for Use Services

2.1 Access to the Pay for Use Services requires registration of a user with STATcube and purchase of a subscription in the webshop (online-order).

2.2 The types of subscription offered in the webshop provide the user with restricted rights to access the STATcube in accordance with the terms and conditions set out in the webshop (e.g. term of and data volume included in the subscription).

2.3 Conclusion of the Contract: Submitting an online-order in the webshop by the user qualifies as a binding offer for conclusion of a purchase contract on the acquisition of products in the Shopping Cart. The contents of such offer are limited to the products offered and the conditions set forth in the webshop. The purchase contract becomes effective upon receipt by the user of STATISTICS AUSTRIA’s e-mail confirming the order and submitting the information required to activate the subscription (Activation Code).

2.4 Prior to purchasing a subscription the user must satisfy himself that (i) the web application of STATcube is compatible with the inquiry device (data processing equipment) used, (ii) the pertinent data, also with respect to the structural depth, is available in STATcube, and whether (iii) there are any indications in the comments to the pertinent data that data protection issues may restrict the accessible data. By purchasing a subscription the user confirms that he has examined the availability and accessibility of the pertinent data and waives his right to rescind the purchase agreement on account of mistake or frustration of contract.

2.5 A subscription may only be activated for one user. A subscription can be activated by entering the information (activation code) submitted by e-mail in the login page. The term of the subscription starts with activation and ends automatically upon expiry. A subscription must be activated within 367 days following acquisition, or will otherwise become forfeited. The user will not be reimbursed for unused or unactivated subscriptions.

2.6 If the user exceeds the data volume included in the subscription for the respective term, access to STATcube will be restricted to overview data (Guest Access) for the remaining term of the subscription. Data volumes not used within the term subscribed will be forfeited upon expiry of the term and will not be transferred to subsequent subscriptions. STATISTICS AUSTRIA notifies the user at login on the data volume used. If the user activates additional and, as regards subject matter, similar subscriptions during the term of an activated subscription, the term of the activated subscription will be extended until the expiry date of the additionally activated subscription that offers the longest term; and the data volumes included in the additionally activated subscriptions increase the unused data volume of the activated subscription.

2.7 Billing: Subscriptions will be billed immediately upon purchase and must be paid by using one of the payment options offered in the webshop. Upon payment an email containing the information required for activation will be submitted to the registered email address of the user.

2.8 Exclusion of Rescission of Contract: the right to rescind an activated subscription is excluded. Non-availability of specific data or temporary non-availability of STATcube (e.g. due to maintenance measures or malfunction) do not provide the user with the right to rescind the subscription. Due to restrictions imposed by data protection laws data may not be displayed even if available in the pertinent structural depth; also in this case user is not entitled to rescind the subscription.

3. User

3.1 Registration of a user for STATcube is made via the website of STATISTICS AUSTRIA and requires the assignment of a user name by STATISTICS AUSTRIA. Assignment of the user name is an automated process, whereby STATISTICS AUSTRIA performs random checks and will, in case of uncertainties regarding the registration data, request additional information on the person of the registered user.

3.2 Only natural persons can be registered users of STATcube. Registration is made on the basis of personal data; use of pseudonyms is not permitted. In case registration is not made for an individual natural person but for an institution to which the natural person is related, also the name of such institution (including office, department, firm’s name, firm’s registration number, etc.) must be registered.

3.3 Not applicable.

3.4 Users are not entitled to pass on their user names and passwords to third parties.

3.5 The user is obliged to take all necessary measures required to ensure data security and compliance with data protection obligations. The user is obliged to prevent any unauthorized use of STATcube access provided and to keep the user name and the password confidential. The user is exclusively responsible for his internet access and the proper functionality of his internet access software, including its compatibility with the STATcube-access-webapplication.

3.6 The user shall immediately notify STATISTICS AUSTRIA by e-mail addressed to STATcube.helpdesk@statistik.gv.at of any changes to the data provided at registration (e.g. mailing address, e-mail address, kind of use). Until receipt of the notification regarding changes to such data, in particular regarding the registered address data, any communication by STATISTICS AUSTRIA to the registered address shall be deemed duly received.

3.7 The guidelines on the structuring and the validity period of passwords as well as on the period until preliminary blocking and/or deletion of the User due to inactivity apply.

4. Right of use/Copyright

4.1 STATcube and all data contained therein are protected by copyright with all rights reserved to STATISTICS AUSTRIA.

4.2 Reproduction and distribution, whether in whole or in part, is permitted provided the source “STATcube – Statistical Database of STATISTICS AUSTRIA“ is quoted.

5. Availability and Liability

5.1 Temporary or permanent limitations of the data and functions of STATcube (e.g. due to blocking of data cubes, changes to the structural depth of data, technical faults or organizational interruptions) give no reason for any rights or claims of the user against STATISTICS AUSTRIA.

5.2 The data to be stored in STATcube is checked for correctness and completeness by random sampling. STATISTICS AUSTRIA does not assume liability for the correctness or completeness of the data.

5.3 Exclusion of Liability: Liability of STATISTICS AUSTRIA is excluded to the maximum extent permitted by law. This exclusion of liability includes, but is not limited to damages arising from ordinary negligence or from loss of data or other information, interruption or failure of data processing equipment and/or software damage. In particular any liability for loss of profit or other direct or indirect damages or losses, including consequential damages, that may result from or in connection with the access and retrieval of data or use of the query results, is excluded. STATISTICS AUSTRIA is not liable for any errors, failure or damages resulting from improper use or improper examination of the available and accessible data prior to the purchase of a subscription or that are incurred by the user as a result of abuse or loss of its user name and password.

6. Consumers

6.1 The Terms of Use shall also apply to consumers to the extent they do not conflict with mandatory consumer protection provisions under applicable law.   

6.2 Statutory right of cancellation for distance contracts: A consumer is entitled to withdraw without providing reasons from a contract concluded through a distance sales transaction for a period of up to 14 days, starting with the day the contract becomes effective (“Withdrawal Period”). It is sufficient if the written declaration of cancellation is sent to Bundesanstalt Statistik Österreich, Guglgasse 13, 1110 Wien, Fax: +43 (1) 711 28-77 28, E-Mail: info@statistik.gv.at within the Withdrawal Period. The right to withdraw is excluded with respect to subscriptions that have been activated by the consumer within the Withdrawal Period.

7. Data Protection and Use of Data

7.1 The user of STATcube (including Guest Access) agrees to the automatic and electronic collection and processing of (i) his personal data and (ii) all other access data relating to the use of STATcube. STATISTICS AUSTRIA uses this data for the processing of orders, the provision of services, communications with the user on orders and services to be provided as well as for usage management and billing purposes.

7.2 STATISTICS AUSTRIA collects, processes and uses the following personal data of a user: family name, first name, company/institution, registration number of the company, VAT number, delivery address, billing address, phone number and e-mail-address. STATISTICS AUSTRIA will not store the credit card details. STATISTICS AUSTRIA collects, stores, processes and uses the following access data: time of access, term of access, ip-address used for accessing STATcube, number and description of the data retrieved, volume of data cells retrieved, search words and, upon request by the user, table structures. Personal data and access data will be stored, processed and used during the term of the registration of the user and until termination of the usage agreement (including the term of a subscription). Upon request the user will be provided with information on the personal data stored on his person. The user may at any time withdraw the consent for the use of the data in written form and request STATISTICS AUSTRIA to correct, delete or block such data.

7.3 The user agrees to the storage of one cookie and of the software of the STATcube-access-webapplication. The cookie will be used to permanently store the selected user interface language of the web-application.

8. Miscellaneous

8.1 STATISTICS AUSTRIA may block access of a user to STATcube if the user fails to comply with the Terms of Use.

8.2  STATISTICS AUSTRIA may modify the Terms of Use by written notification (including e-mail or a notification upon accessing STATcube) to the user. The modifications become effective if user raises no objection to the modifications in writing within 14 days of receipt of the notification.

8.3  All contractual and non-contractual relationships between a user of STATcube (including Guest Access) and STATISTICS AUSTRIA shall be governed by Austrian Law with the exception of national and international reference norms and with the exception of the UN Sales of Goods Law.

8.4  The Place of Performance is Vienna. The sole place of jurisdiction, as far as legally permissible, for all disputes arising from or in connection with the Terms of Use shall be the competent court for the seat of STATISTICS AUSTRIA.

8.5  Last changed: June 2014