General Terms and Conditions for Courses
GENERAL TERMS AND CONDITIONS
of NPO-Academy Americas GmbH (hereinafter referred to in brief as NPO-Academy)
1. Scope of application
1.1. These General Terms and Conditions (“GTC”) form an integral part of all contracts entered into between NPO-Academy (hereinafter referred to in brief as “we” or “us”) and course participants from NPO-Academy for participation in the events offered by us. All persons who participate in our events are referred to as “course participants” or “you”.
1.2. These GTC also apply accordingly to in-house events, i.e. events that you arrange for your own staff, specifically agreed between the client and NPO-Academy.
1.3. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act applies to you, the GTC shall only apply where they do not conflict with compulsory consumer protection provisions.
1.4. Differing provisions, which repeal or conflict with these General Terms and Conditions, shall only be valid if explicitly confirmed by us in writing prior to concluding the contract.
2. Conditions of participation
2.1. If participation in an event is tied to specific admission requirements, we shall mention this separately for the relevant event on our website. You have to fulfill these conditions of participation, which we monitor.
3. Registration/right of withdrawal
3.1. You can register for events using the online application form or by email email@example.com.
3.2. In case of online applications we will send a confirmation of receipt. Such confirmation does not yet constitute an acceptance of the contractual offer, but should merely serve as notice of our receipt of your order.
3.3. The events have a limited number of participants. Participation confirmations are given in order of the registration date.
3.4. Following registration we review availability for the event. If free places for the event are available, you will receive an email from us confirming registration. Registration is binding following receipt of registration confirmation. In case of email registrations, you will immediately receive an email from us confirming registration, provided there are still places available.
3.5. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act (KSchG) is applicable and if the contract has been concluded as a distance selling transaction, as defined in FAGG [Austrian Distance Selling Transactions Act] or outside our business premises, you have the right to withdraw from the contract without cause within 14 days. The withdrawal deadline is deemed to have been observed if you send the declaration of withdrawal within the deadline. You can also use the standard withdrawal form in the Annex to the GTC for this purpose.
3.6. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act (KSchG) is applicable to you, you can no longer exercise the right of withdrawal granted under section 3.5 once the event has begun or you have logged onto the learning platform.
3.7. If you withdraw from this contract pursuant to section 3.5, we will return all payments that we received from you at the latest within 14 days of the date on which we received the notice of withdrawal from the contract. We will use the same means of payment for this repayment that you used in the original transaction, unless we have made any agreement to the contrary with you. We will not charge you any fee for this repayment.
4. Participation fee/corporate discount
4.1. The participation fee includes the costs of seminar participation, documentation and confirmation of participation. If the seminar is held on site, refreshments are also included in the participation fee. Accommodation – unless specified to the contrary – is not included in the participation fee.
4.2. All indicated prices for events are displayed exclusive and inclusive of VAT respectively. We shall explicitly make reference to any deviations.
4.3. In the event of you arriving late for an event or leaving early, the participation fee is not reduced.
4.4. You shall pay the participation fee in full before the start of the event. Discounts cannot be deducted. If you have not paid the participation fee at the start of the event, we reserve the right to exclude you from participating.
4.5. If Section 1(1) subsection 2 KSchG [Austrian Consumer Protection Act] is applicable to you, default interest amounts to 4% a year in the event of culpable payment delay pursuant to Section 1000 ABGB [Austrian Civil Code], otherwise default interest shall comply with the statutory interest rate pursuant to Section 456 UGB [Austrian Commercial Code].
4.6. If several persons from the same company attend the same event, the participation fee shall be reduced by 10% for the second and each subsequent participant (corporate discount).
5. Cancellations/ cancellation conditions
5.1. You have the right to cancel registration for the booked event in writing.
5.2. If you cancel your registration for an event pursuant to section 5.1, a cancellation fee of 50% of the participation fee shall apply if we receive your written cancellation notice 21 or less calendar days before the start of the event. Such cancellation fee shall be 100% if we receive your written cancelation notice five or less business days before the start of the event.
5.3. We do not charge cancellation fees if we receive your written cancellation notice 22 or more days before the start of the event.
5.4. We do not charge cancellation fees if you provide us with written notice that a replacement participant will attend the event, provided such replacement participant pays the applicable fees and complies with the terms of these GTC, including but not limited to the provisions of Section 2.
5.5. Once you have logged onto our learning platform, the participation fee shall be payable in full. Cancellations are then no longer possible.
6. Confirmations of attendance/examinations
6.1. If you attend more than 75% of event units, you will receive confirmation of participation. If the event involves a final exam, you will be admitted to take the exam if you have attended at least 75% of the event units.
6.2. We will not hand out written tests.
7. Changes in the event program/event cancellation
7.1. We reserve the right to change the event program slightly at short notice, in particular with respect to event dates, seminar times and trainers. We will inform you of such changes by email as soon as possible.
7.2. The events require a minimum number of participants. In the event of failure to achieve this number, any payments you have already made will be repaid in full. We are not liable for any further losses or damages resulting from such cancelations, including but not limited to loss of earnings or travel expenses.
8. Photographs, video and sound recordings
8.1. Taking of photographs, video and sound recordings during the lecture, in particular of lecturers, other participants or learning materials, is prohibited.
9. Exclusion from an event
9.1. We reserve the right to exclude you from an event for cause, including but not limited to disruptions or disturbances of the event or risk of damage to our reputation. In this case we will not reimburse any costs, nor will the participation fee be returned.
10. Learning platform
10.1. Start and duration of access
10.1.1. We will send you personal access data to the learning platform by email once the minimum number of participants under section 7.2 has been reached. Alternatively we will forward you an access code to our learning platform. You can use this access code to enroll in the relevant course.
10.1.2. You shall not share access data/the access code with any third parties. In the event that you share access data/the access code with third parties, we reserve the right to claim damages from you.
10.1.3. Your access to content made available on the learning platform shall end seven days after completion of the event. You are responsible for downloading all documents within seven days of the course being completed (where a final exam is required seven days after the end of the last exam).
10.2. Content of the learning platform
10.2.1. We reserve the right to modify, amend, or delete the content of the learning platform without notice, or to suspend providing the content temporarily or permanently.
10.3. Recording of “live” seminars
10.3.1. We strive to support your learning achievements. At your request, in particular if you are prevented from attending an event at short notice, we may provide recordings of the event, which you will be able to watch on the platform later. Recordings cannot be downloaded and will be deleted seven days after the seminar or, if this seminar is part of a course, seven days after any course examination. You can find more detailed information on this in our data privacy statement.
10.4. Intellectual property
10.4.1. Any content provided on the learning platform is and remains our intellectual property and/or the intellectual property of the respective trainers.
10.4.2. The e-learning content, the software and all other electronic training documents available on the learning platform may only be used for private purposes. Any other use is prohibited unless we explicitly allow such use in writing.
10.4.3. Any use that goes beyond usage for private purposes of documents made available on the learning platform, in particular copying, translation, processing and any other form of commercial use and sharing with other persons – including in parts or in revised form – without our consent is prohibited. In particular, publication of audio or video data, digital presentations or scripts on the Internet is prohibited.
10.4.4. External copyrighted works and other intellectual property may only be made available on the learning platform in compliance with the statutory provisions, in particular in communication forums, discussion forums, link directories, mailing lists and in all other forms of databases for which external writing access to content is possible. We reserve the right to claim damages from you in the event of any infringement of intellectual property rights. You will indemnify, defend, and hold us harmless from all losses and threatened losses arising from, connected with, or based on allegations whenever made, of any third-party claim of infringement or misappropriation of any intellectual property rights resulting from your infringement of such intellectual property or from your unauthorized disclosure of intellectual property to third parties. If you provide any content to us, such as photographs, videos, music, texts, or data (“User Content”), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, display, reformat and distribute User Content in connection with our services and you represent and warrant that you have the right to grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, perform, display, reformat, and distribute such User Content.
10.4.5. The use of any software that we provide for download is subject to the applicable licensing conditions of the respective provider or manufacturer (license agreement). You shall not install such software unless you have accepted the licensing conditions prior to your use. You can accept the licensing conditions either directly on our website or on the manufacturer’s website.
10.4.6. Any integration of individual pages of the learning platform into external website frames is prohibited. Moreover, any modification or tampering with content on the learning platform is prohibited.
10.5. Liability for the learning platform
10.5.1. We shall not assume any liability for damages incurred directly or indirectly through the use of the learning platform, unless we have either caused the damage intentionally, or caused personal injury. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act is applicable to you, we shall also be liable for any injuries that we have caused to this person through gross negligence. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OUR CLASSES, THE COURSES, THE LEARNING PLATFORM OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM OUR LEARNING PLATFORM
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.5.2. Liability claims made against us in relation to direct, indirect or other damages, which have been caused by the use or non-use of the presented information or by the use of incorrect and incomplete information, are excluded unless we have caused them intentionally or they relate to personal injuries. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act is applicable to you, we shall also be liable for damage that we have caused through gross negligence.
10.5.3. We shall not be liable for the quality, accuracy, up-to-date nature and/or completeness of information that is explicitly marked as third party content on the learning platform.
10.5.4. We are only liable for direct or indirect references to external websites (“hyperlinks”) for which we have no influence on the design if we were aware of the contents. Before linking on the learning platform we will check that no illegal contents can be identified on the linked sites at the time of linking. We have no influence over the future design, future contents or future authorship of linked websites.
10.5.5. We shall not assume any liability for links and references created on the learning platform by course participants, in particular in communication forums, discussion forums, link directories, mailing lists and in all other forms of databases on which external write access to content is possible. The provider of the site linked by the participant is solely liable for illegal, incorrect or incomplete content and in particular for damages incurred by the use or non-use of such information.
10.5.6. We operate the learning platform as allowed for by existing technical, economic, operational and organizational options. In the event of any malfunctions, we shall ensure the quickest possible elimination thereof. However, we do not guarantee availability, trouble-free or uninterrupted operation of the learning platform and its contents at any time. We hereby reserve the right to interrupt operation of the learning platform in a reasonable and appropriate way, as required for internal purposes, in particular maintenance of the learning platform or supply of new contents.
10.5.7. We always try to keep the contents of our learning platform free from viruses and other malicious code using the latest technology. However, by virtue of the technical conditions, we cannot assume any liability for the learning platform being free from viruses. Before downloading information, data sets and software to prevent any infiltration of viruses onto your devices and the learning platform, you are obliged to ensure appropriate security precautions and the use of appropriate virus scanners and other technical safeguards.
10.5.8. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act does not apply to you, you have the burden of proof with respect to any intentional acts that may have caused damages. Our liability is limited to the amount of the participation fee you have paid.
10.6. Participants’ conduct
10.6.1. In order to protect all participants, we prohibit uploads of the following content to the learning platform
a) which are offensive, defamatory, indecent, obscene or pornographic, aggressive, hurtful, threatening, bullying, vituperative, hateful, fraudulent or misleading;
b) which fulfill a relevant offence under criminal law, in particular harassment (Section 107c StGB [Austrian Criminal Code]);
c) which disclose other persons’ personal or private information;
d) which requests disclosure of personal information or are targeted at collecting such data from other participants;
e) which infringe the rights of other persons, in particular the unauthorized publication of proprietary content, infringements of copyrights, trademarks, service marks or other third party intellectual property;
f) which contain petitions, solicitation, calls to sign petitions, chain letters or advertising;
g) which contain viruses or other destructive or malicious code; or
h) which conflict with our goals or the goals of participants on the learning platform or are unacceptable for any other reason.
10.6.2. If you notice any violations of section 10.6, we would ask you to notify us thereof by email firstname.lastname@example.org.
10.6.3. If you breach section 10.6, we may block you from the learning platform without prior notice.
10.6.4. We hereby reserve the right to ask you to remove content from the learning platform, which is libelous, offensive or illegal, or which constitutes a potential infringement of proprietary rights, in particular trademarks or copyrights, or which are otherwise used illegally or inappropriately. We reserve the right to remove any prohibited content from the learning platform without prior notice.
10.7.1. In case of a minor violation of section 10, we will first give you a warning.
10.7.2. If you commit a severe or repeated breach of section 10, we will revoke your right to use the learning platform and block your access to the learning platform. In this case the participation fee will not be refunded.
10.7.3. In addition, we reserve the right to claim damages, for any violations of Section 10.
11.1. We are only liable for damages, which we have either caused intentionally or personal injury. In the event that you are subject to Section 1(1) subsection 2 of the Austrian Consumer Protection Act, we shall also be liable for damages that we have caused through gross negligence.
11.2. Liability claims made against us in relation to direct, indirect or other damages, which have been caused by the use or non-use of the presented information or by the use of incorrect, outdated or incomplete information, are excluded unless we have either caused them intentionally, or if we have caused personal injury. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act is applicable to you, we shall also be liable for damages that we have caused through gross negligence.
11.3. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act does not apply to you, you have the burden of proof with respect to any intentional acts that may have caused damages. Our liability is limited to the amount of the participation fee you have paid.
11.4. The assignment of warranty or compensation claims to third parties is prohibited and invalid.
11.5. THE LEARNING PLATFORM AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE LEARNING PLATFORM AND PROVIDED MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE LEARNING PLATFORM AND PROVIDED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LEARNING PLATFORM OR PROVIDED MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY COURSE THAT YOU ATTEND VIA THE LEARNING PLATFORM, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE LEARNING PLATFORM AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
11.6. We shall not be liable for your personal items at classroom-based events.
12. Data protection
12.1. The data protection statement referred to in [xxx] is applicable. This constitutes an integral part of these General Terms and Conditions.
12.2. Our trainers are obligated to keep any personal information concerning participants and about events or incidents confidential.
13.1. Compulsory provisions of the Austrian Consumer Protection Act shall take precedence over any conflicting provisions of these GTC, if Section 1(1) subsection 2 of the Austrian Consumer Protection Act is applicable to you.
13.2. If any provision of these GTC is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions of this contract. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act does not apply to you, the invalid provision shall be replaced by a permissible provision that optimally supports the desired economical purpose of the invalid provision.
13.3. Any modifications, amendments, or subsidiary agreements, which relate to these GTC, or waivers of the written form requirement shall be in writing.
13.4. Austrian law is applicable to this contract. If Section 1(1) subsection 2 of the Austrian Consumer Protection Act is not applicable to you, the court of jurisdiction for legal disputes arising under these GTC is the Commercial Court of Vienna. Notwithstanding the above clause, if Section 1(1) subsection 2 of the Austrian Consumer Protection Act is applicable to you, those provisions of the law in the consumer’s country of domicile are applied, from which no variation is allowed under consumer protection regulations.
Withdrawal Form Template
(If you intend to withdraw from the contract, please fill out and return this form)
To [the name, address and where appropriate fax number and email address of the contractor shall be inserted by the contractor here]:
I/we (*) hereby withdraw from the contract concluded by me/us (*) for purchase of the following goods (*)/provision of the following service (*):
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only with communications on paper)