General Terms and Conditions and Client Information
Table of Contents
Definitions and Interpretation
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Remuneration
- Provision of Digital Content
- Granting Rights of Use for Digital Content
- Contract Duration and Contract Termination Regarding Subscription Contracts
- Use of Communications Facilities
- Accounts
- Limitation of Liability
- Changes to the Facilities and these Terms and Conditions
- Previous Terms and Conditions
- Applicable Law
- Alternative Dispute Resolution
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that AlpenShield GmbH makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the AlpenShield GmbH proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at Eckmüllnergasse 1/2/7, 1160 Vienna, Austria;
"System": means any online communications infrastructure that AlpenShield GmbH makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by AlpenShield GmbH Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (learn.alpenshield.io) and any sub-domains of this site (e.g. learn.alpenshield.io) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means AlpenShield GmbH, a company incorporated in the Republic of Austria with Company Registration Number 610390 h, located at Eckmüllnergasse 1/2/7, 1160 Vienna, Austria.
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC" or "Terms and Conditions") of the company AlpenShield GmbH (hereinafter referred to as "Licensor") apply to all contracts for the delivery of data which is not contained on a tangible medium and which is produced and supplied in digital form (digital content), which a consumer or a trader (hereinafter referred to as "Licensee") concludes with the Licensor with regard to the digital content presented by the Licensor in his online shop. The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject of the contract is the provision of digital content offered by the licensor to the licensee in electronic form granting certain rights of use regulated specifically in these GTC.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.4 According to the Licensor’s product description, the object of the contract may be the delivery of digital content by way of a one-time delivery or by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Licensor commits to supply the Licensee with the contractually owed digital content for the duration of the agreed contract period and at the contractually agreed time intervals.
1.2 The subject of the contract is the provision of digital content offered by the licensor to the licensee in electronic form granting certain rights of use regulated specifically in these GTC.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.4 According to the Licensor’s product description, the object of the contract may be the delivery of digital content by way of a one-time delivery or by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Licensor commits to supply the Licensee with the contractually owed digital content for the duration of the agreed contract period and at the contractually agreed time intervals.
2) Conclusion of the Contract
2.1 The content displayed in the Licensor’s online shop does not constitute a binding offer on the part of the Licensor, but is merely a description which allows the Licensee to submit a binding offer.
2.2 The Licensee may submit the offer via the online order form integrated into the Licensor' online shop. In doing so, after having placed the selected content in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Licensee submits a legally binding offer of contract with regard to the content contained in the virtual basket.
2.3 The Licensor may accept the Licensee’s offer within five days,
2.4 The period for acceptance of the offer shall commence on the day following the date on which the offer is submitted by the Licensee and shall end on the fifth day following the date on which the offer is submitted.
2.5 When submitting an offer via the Licensor's online order form, the text of the contract is stored by the Licensor after the contract has been concluded and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after the order has been sent. The Licensor shall not make the contract text accessible beyond this. If the Licensee has set up a user account in the Licensor's online shop prior to sending his order, the order data shall be stored on the Licensor's website and can be accessed by the Licensee free of charge via his password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the online order form, the licensee may continuously correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the submission of a binding order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The contractual language is English.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. It is the Licensee’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Licensor can be received at this address. In particular, it is the Licensee`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Licensor or by third parties commissioned by the Licensor with the order processing can be delivered.
2.2 The Licensee may submit the offer via the online order form integrated into the Licensor' online shop. In doing so, after having placed the selected content in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Licensee submits a legally binding offer of contract with regard to the content contained in the virtual basket.
2.3 The Licensor may accept the Licensee’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Licensee is decisive, or
- by providing the Licensee with the ordered intent, insofar as receipt of the content by the Licensee is decisive, or
- by requesting the Licensee to pay after placing his order.
2.4 The period for acceptance of the offer shall commence on the day following the date on which the offer is submitted by the Licensee and shall end on the fifth day following the date on which the offer is submitted.
2.5 When submitting an offer via the Licensor's online order form, the text of the contract is stored by the Licensor after the contract has been concluded and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after the order has been sent. The Licensor shall not make the contract text accessible beyond this. If the Licensee has set up a user account in the Licensor's online shop prior to sending his order, the order data shall be stored on the Licensor's website and can be accessed by the Licensee free of charge via his password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the online order form, the licensee may continuously correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the submission of a binding order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The contractual language is English.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. It is the Licensee’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Licensor can be received at this address. In particular, it is the Licensee`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Licensor or by third parties commissioned by the Licensor with the order processing can be delivered.
3) Right to Cancel
Consumers are entitled to the right to cancel. Detailed information about the right to cancel is provided in the Licensor’s instruction on cancellation.
4) Remuneration
4.1 For the granting of rights to the respective contents, the licensor shall receive a flat-rate license fee, the amount of which shall be determined in the respective article description.
4.2 Prices indicated by the Licensor are total prices and include the statutory value-added tax.
4.3 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the Licensor is not responsible, and which are to be borne by the Licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
4.4 The Licensee has various payment options at his disposal, which are specified in the Licensor's online shop.
4.5 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
4.2 Prices indicated by the Licensor are total prices and include the statutory value-added tax.
4.3 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the Licensor is not responsible, and which are to be borne by the Licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
4.4 The Licensee has various payment options at his disposal, which are specified in the Licensor's online shop.
4.5 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
5) Provision of Digital Content
The content is provided in electronic form by downloading or streaming from the Licensor's website.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stated in the contents description contained in the Licensor's online shop, the Licensor grants the Licensee the non-exclusive, regionally unlimited right to use the supplied content for private and business purposes as long as the Licensee has an active subscription contract with the Licensor.
6.2 Passing on of content or the production of copies to third parties outside the framework of these GTC is prohibited, unless the licensor has consented to the transfer of the license covered by this contract to third parties.
6.3 The granting of rights will only be legally valid once the Licensee has paid in full the sum owned. The Licensor may provisionally permit the use of digital content covered by this contract already prior to that date. Such a provisional permit does not lead to a transfer of rights.
6.2 Passing on of content or the production of copies to third parties outside the framework of these GTC is prohibited, unless the licensor has consented to the transfer of the license covered by this contract to third parties.
6.3 The granting of rights will only be legally valid once the Licensee has paid in full the sum owned. The Licensor may provisionally permit the use of digital content covered by this contract already prior to that date. Such a provisional permit does not lead to a transfer of rights.
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7) Contract Duration and Contract Termination Regarding Subscription Contracts
7.1 Subscription contracts are concluded for an indefinite period of time and can be terminated by the Licensee at any time without notice.
7.2 The right to immediate termination for important reasons remains unaffected.An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests
7.3 Notices of termination can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation feature (cancellation button) provided by the Licensor on its website.
7.2 The right to immediate termination for important reasons remains unaffected.An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests
7.3 Notices of termination can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation feature (cancellation button) provided by the Licensor on its website.
8) Use of Communications Facilities
- 8.1When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 8.1.1 You must not use obscene or vulgar language;
- 8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 8.1.3 You must not submit Content that is intended to promote or incite violence;
- 8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 8.1.6 You must not impersonate other people, particularly employees and representatives of AlpenShield GmbH or Our affiliates; and
- 8.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 8.2 You acknowledge that AlpenShield GmbH reserves the right to monitor any and all communications made to Us or using Our System.
- 8.3 You acknowledge that AlpenShield GmbH may retain copies of any and all communications made to Us or using Our System.
- 8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
9) Accounts
- 9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
- 9.1.1 all information you submit is accurate and truthful;
- 9.1.2 you have permission to submit Payment Information where permission may be required; and
- 9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 9.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
10. Limitation of Liability
10.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
10.2 Nothing in these Terms and Conditions excludes or restricts AlpenShield GmbH liability for death or personal injury resulting from any negligence or fraud on the part of AlpenShield GmbH.
10.3 Nothing in these Terms and Conditions excludes or restricts AlpenShield GmbH's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
10.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
10.2 Nothing in these Terms and Conditions excludes or restricts AlpenShield GmbH liability for death or personal injury resulting from any negligence or fraud on the part of AlpenShield GmbH.
10.3 Nothing in these Terms and Conditions excludes or restricts AlpenShield GmbH's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
10.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
11. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
12. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
13) Applicable Law
13.1 The law of the Republic of Austria shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
13.2 If the licensee is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Republic of Austria, the licensor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the licensee is domiciled outside the territory of the Republic of Austria, the licensor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the licensee’s professional or commercial activities. In any event however, regarding the aforementioned cases the licensor is entitled to appeal to the court which has jurisdiction over the area where the licensee’ place of business is located.
13.2 If the licensee is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Republic of Austria, the licensor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the licensee is domiciled outside the territory of the Republic of Austria, the licensor’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the licensee’s professional or commercial activities. In any event however, regarding the aforementioned cases the licensor is entitled to appeal to the court which has jurisdiction over the area where the licensee’ place of business is located.
14) Alternative Dispute Resolution
14.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
14.2 The Licensor is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
14.2 The Licensor is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
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