General Terms and Conditions: Online Trainings
1. Your Responsibilities
1.1. You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.
2. Damage to Your Computer
2.1. Whilst we try to ensure that the Training Websites do not contain any errors, defects, malfunctions or corruptions, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Training Websites or any materials made available via the Training Websites.
3. Accessibility of the Training Websites
3.1. Although we use reasonable endeavours to ensure that the Training Websites are available 24 hours a day 7 days a week, we cannot promise that access to the Training Websites will be uninterrupted or error free. There may be occasions when access to the Training Websites is interrupted. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.
4. Course Access
4.1. Any right to access the training course materials is personal to you and you may not transfer your rights to access the training course materials to another person unless we have consented in writing to you doing so.
5. Our Liability to You
5.1. We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Training Websites or any or content and/or facilities provided via the Training Websites:
– any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
– any loss or corruption of data; or
– any indirect or consequential loss.
6. Copyright and Use of Materials
6.1. The materials on the Training Websites are protected by our copyright and other intellectual property rights. Every participant will be provided with the training material in digital form. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without our prior permission. Any such use is strictly prohibited and will constitute an infringement of our intellectual property rights.
6.2. You are authorized to apply and use the taught methods and concepts. However, you are not entitled to reproduce this material in any organized form or transfer it to third parties, whether profit-making or not.
6.3. If you are purchasing training courses on behalf of your business, you may provide access to course materials to individuals within your organisation.
6.4. Where you have been granted access to course materials, either as a result of your own purchase or because you have been granted access rights by someone else, you may not re-sell access to the materials or otherwise distribute usernames and passwords to anyone except as permitted under these Terms or as permitted in writing by us.
6.5. To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up email at the end of each class asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.
7. Your Information
7.1. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times. We may refuse to accept your application to register as a user for any reason in our absolute discretion.
8. User Names and Passwords
8.1. When you register as a user of the Training Websites you will be asked to select a user name and password. You should keep your user name and password confidential and you must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure or for routine security. You can alter your password via the Training Websites.
9. Cancellation by you
9.1. Notice of a your intent to cancel a registration must be made via our contact form or by emailing training@paba.at and is subject to the following terms:
9.1.1. Training registrants whose cancellation request is received in excess of 7 days prior to the start date of the training activity will incur no liabilities
9.1.2. Training registrants whose cancellation request is received within 7 days prior to the start date or after the commencement of the training activity will incur an administration fee equal to 100% of the obligatory fee.
10. Cancellation by us
10.1. We reserves the right to cancel courses, change online platform, change instructors, or change course content. In the event that a course must be canceled registrants will be informed at least 7 days prior to the start of the course. Registrants will be notified via email. We will make every effort to avoid cancellations. In case of a cancellation registrants will receive a refund for the full course fee.
11. Suspension and Termination of Your Account
11.1. You agree that we may at any time without notice terminate your user account and delete all information stored on it, unless it contains course materials that have not exceeded their expiry date.
11.2. We reserve the right to withdraw all or part of the Training Websites at any time.
12. Formation of a Contract of Sale
12.1. In order to purchase and access a training course, you must register as a user of the Training Websites.
12.2. When you place an order for a training course you are offering to purchase that course on these terms. We shall have the right to decline or cancel your order.
12.3. A legally binding agreement shall not come into existence until we have accepted your offer to purchase a training course by means of a separate confirmation email from us, which will be effective upon sending.
12.4. We reserve the right to withdraw at any time training courses advertised for sale on the Training Websites.
13. Payment
13.1. You agree to pay us the course fee. Course fees are quoted in euro, including VAT.
14. Provision of Access
14.1. We will provide you with access to online training course materials after we have confirmed your order by email and you have paid the course fee.
15. Missed lessons
15.1. There will be no replacement classes or extra materials for students who missed a lesson
16. Third-party tools
16.1. We may provide you with access to third-party tools which we neither monitor nor have any control over or give input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
17. Third Party Links
17.1 The Training Websites may provide links to third-party websites from time to time. We are not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.
18. Your Right to Use the Course Materials and Your Related Obligations
18.1. In consideration of receipt by us of the course fee, we grant to you a non-exclusive, non-transferable licence to use the training course materials for the sole purpose of personal home or work use. As such, you and any authorised ‘user name and password’ holder may make copies of the training course materials as necessary incidental acts during your viewing of it.
18.2. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the training course materials. Any use of the training course materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.
19. Quality of the Services
19.1. We will provide the training course materials in accordance with the course description which is set out on the Training Websites.
19.2. We do not make any commitment to you that the course will meet any specific requirements that you have and we expect you to take reasonable care to verify that the course in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the training course materials or that you will obtain any particular qualification on completion of the course (unless otherwise stated on the Training Websites).
19.3. Other than the stated minimum technical specification, we do not make any commitment that the training course materials will be compatible with or operate with your software or hardware.
19.4. We provide such trainers to present the training course as it, in its sole discretion, deems fit and we are entitled at any time to substitute any trainer with any other person who, in our sole discretion, it deems suitably qualified to present the relevant course.
19.5. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
20. Our Rights to Stop Providing the Services to You
20.1. If you have purchased online training course materials, we will make the training course materials available to you via the Training Websites following the issue of your confirmation email for a period of 60 days or upon successful completion of the course examination, whichever is the sooner, after which point we will suspend your access to the training course materials. If you wish to access the training course materials after your access has been terminated, you will need to submit a new order to us. In certain circumstances we may extend the time period in which you may access the training course materials.
21. Changes to terms and conditions
21.1. You can review the most current version of the Terms of Service at any time on our website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
22. Privacy Policy
22.1. All information provided by you under these Terms & Conditions will be treated in accordance with our privacy policy.
23. Force majeure
23.1. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).
24. Juristiction
24.1. These Terms are governed by and shall be construed in accordance with Austrian law. Any dispute arising between us and you under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Austrian courts.
25. Entire Agreement and severability
25.1. This Agreement is the entire agreement between you and Cirillo Consulting GmbH relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.