The GTC of the Provision and Use of Our Services & Products

The Agreement

The terms and conditions (“Terms”) specified herein constitute an agreement between AUTIN GmbH (the “Company”) and the User (“User”) of the Website (“Website”) and govern its use.  These Terms represent the entire understanding relating to the use of the Website, any transactions effected over it, and prevail over any prior or contemporaneous communication between the Company and the User.

These Terms are to be read together with any terms, conditions or disclaimers provided on any of the individual pages of the Website.  In the event of any conflict, the terms provided on the relevant page of the Website shall govern.

Each Users of the Website accepts and agrees to be bound by and comply with the Terms.  Otherwise, use of this Website is prohibited.

Definitions

Agreement” means this Agreement constituted by the Terms specified herein.

Article” means any such Content located on any page of the Website.

Attendee” means any individual who attends an Event of the Company.

Closed Event” means any Event organized by the Company that is organized and provided only to one or more certain Customers (“In-House Event”).

Company” is AUTIN GmbH (“AUTIN&Co”) and any affiliates and their officers, directors, employees and agents.

Content Provider” is a provider of Content, be it the Company or a third party.

Content” means the Articles, Glossary entries, Materials, graphic images, data or third-party information in any form whatsoever provided on this Website, including these Terms.

Courseware” means any learning content and all associated Materials provided on or over the Website.

Customer” is any party who receives a product or service from the Company in exchange for payment, either for himself/herself or as a Proxy on behalf of someone else, to whom a valid invoice or bill of sale has been issued by the Company and these Terms apply.

Enrollee” means any individual who has registered with the Company and is enrolled to attend an Event of the Company.

Enrollment” means the selection of a certain Event for an individual to attend, following Registration.

Event” means any activity organized by the Company, including seminars, courses, workshops, conferences and any other planned occasion for which individuals are registered with the Company and in which they are enrolled to attend.

Event Fee” means the fee payable by the Customer in relation to each Enrollment in an Event.

Glossary” means the compilation of the terms, definitions, abbreviations, synonyms and associated information on the Website.

Material” means any document, including but not limited to graphic images, provided on the Website.

Open Event” means any Event organized by the Company that is offered to the general public (“Public Event”).

Organizer” means the Company.

Product” means any Event, Courseware, software, e-book or other goods or service furnished to the User, Customer, Subscriber or Trial User subject to the applicable terms of use or end-user license agreement as set forth by the Company.

Proxy” means any individual who effects the purchase of a Product of the Company on behalf of another individual and who instructs the Company to whom the corresponding invoice will be issued.

Registered User” means any User, Customer, Subscriber or Trial User registered with the Website.

Registration” means the process of providing personal details about the Site User.

Shop” is the shop on this Website for the purchase of Products offered on or over the Website.

Subscriber” is a registered user of purchased Courseware.

Subscription Period” means the period of time during which the Subscriber has the licensed right of access to purchased Courseware.

Subscription” means the licensed right of use for purchased Courseware.

Terms” means these general terms and conditions.

Trail Access Privileges” means the non­transferable right to Trial Use of the Courseware granted to the User by the Company.

Trial Access Period” means, unless otherwise agreed, the 30-day period of time for which the Trial User is granted Trial Use of Courseware.

Trial Use” means the right granted by the Company to a Trial User to use Courseware without charge to or obligation of the Trial User to purchase Courseware.

Trial User” is a User that has been granted Trial Use of Courseware.

User” means any person who accesses and uses the Website (“Site User”).

Website” is this www.autin.com website and any of its subdomains and the domains of any of affiliates of the Company, for the presentation of Events by the Organizer, the registration and enrollment of individuals in the Events, and the sale of any Products displayed on or over it.

Contractual Scope

The following terms and conditions are valid for the services provided by the Company to the Customer within the framework of this contract.

The Company reserves the right to amend these Terms at any time without giving reasons.  Should the Terms be amended, the Company shall publish due notice of any amendments.  You agree to review the Terms regularly and your continued access or use of the Website shall mean that you agree to any changes.

If any provision of these Terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Changes may be made to the Website Content without notice.

The Website may include inaccuracies or typographical errors.

All Site Content is copyrighted.  All rights reserved.  Content on this Site may also be licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license.

Each Registered User receives a unique user ID and password for use to gain access to the restricted areas of the Website.  Under no circumstances whatsoever may Registered Users share or distribute their User ID or password to third parties.  Any breach of this term will result in the immediate suspension of the account.

Site User Representations and Warranties upon Registration

Each User is entitled to register with the Company only once and the User may not establish more than one user profile.

The User warrants that all data provided for registration are accurate.

The User shall choose a password upon registration and keep this password secret.  The Company shall not disclose the password to any third party.

Registration and Enrollment

All Registrations and Enrollments are deemed to have been placed by a Customer.

Attendees may be substituted.  There is no charge for a substitution unless the substitute Attendee is ineligible for any discount given to the original Attendee, in which case an invoice shall be issued to the Customer for the difference.

The Company reserves the right to cancel an Event at any time without liability.  In such cases, the Customer will be offered an alternative date or refunded any amounts received by the Company for any cancelled Enrollments of the Customer.

Customer Cancellations

For the cancellation of an Event Enrollment to be valid, it must be submitted by the Customer by e-mail or in the enrollment system and acknowledged by the Company by e-mail.

Cancellation of individual bookings by Customers are subject to cancellation fees as follows:

  • 60 to 31 calendar days before the Event start date, 10% of the Event Fee;
  • 30 to 15 calendar days before the Event start date, 50% of the Event Fee; and
  • 14 calendar days before the Event start date, 100% of the Event Fee.

Cancellation of group bookings in Open Events by Customers are subject to cancellation fees as follows:

  • 90 to 46 calendar days before the Event start date, 10% of the Event Fee;
  • 45 to 31 calendar days before the Event start date, 25% of the Event Fee;
  • 30 to 15 calendar days before the Event start date, 50% of the Event Fee; and
  • 14 calendar days before the Event start date, 100% of the Event Fee.

Cancellations of the booking of Closed Events by Customers are subject to cancellation fees as follows:

  • 120 to 46 calendar days before the Event start date, 10% of the Event Fee;
  • 45 to 31 calendar days before the Event start date, 25% of the Event Fee;
  • 30 to 15 calendar days before the Event start date, 50% of the Event Fee; and
  • 14 calendar days before the Event start date, 100% of the Event Fee.

An enrollment substitution from the same organization may be nominated without penalty 60 hours before Event start under the condition that the substitute meets the Event prerequisites.

Any hotel charges incurred due to cancellation by the Customer shall be borne by the Customer.

Program Details

The Company reserves the right to make minor changes to any Event description.

The Company reserves the right to restrict the number of Enrollments in a particular Event.

In the event a named trainer or speaker becomes unavailable for any reason, the Company reserves the right to provide an appropriate substitute.

The Event venue is as published.  The Company reserves the right to change the venue and to provide an appropriate substitute.  In the case of a change to the Event venue, the Customer and Enrollees shall be duly informed.

In-House Events

The Company and the Customer shall agree the number of Attendees in a particular in-house event.  Should this agreed number be exceeded, the Company reserves the right to invoice the Customer a pro rata fee for each Attendee in excess of the agreed number.

In the event a named trainer or speaker is unavailable for any reason and that a substitute trainer is unacceptable to the Customer, the Event shall be rescheduled subject to the availability of an acceptable trainer or speaker.

The Company and the Customer shall agree the location of the Event, subject to the Customer providing suitable premises, equipment and any other required facilities.

The cost of the training facilities and equipment, trainer accommodations, meals and beverage, trainer travel costs (flight, taxi and transfers) shall be borne by the Customer, unless otherwise agreed.

Event Fees will be invoiced 28 calendar days prior to the Event start date.

All agreed reimbursable out-of-pocket expenses shall be promptly invoiced.

If an in-house Event is cancelled or postponed at the Customer’s request, all agreed expenses already incurred by the Company shall be paid for in full, where such costs shall not be considered part of the Event Fee.

The Company reserves the right to levy a per-hour charge per trainer/speaker, as agreed by the Company with the Customer.

In the event the costs of trainer accommodations, meals and beverages are not paid directly by the Customer, a per diem expense allowance shall be levied from the date of the trainer’s departure to the end of the day of the trainer’s return, as agreed by the Company with the Customer.

Charges and Terms of Payment

All prices are in euro (€) and valid only as currently displayed.  Services are quoted net of sales tax/valued-added tax (VAT).  Any applicable sales tax shall be borne by the Customer.

The Customer shall be promptly invoiced for all agreed reimbursable out-of-pocket expenses.

All fees and any applicable taxes are calculated in accordance with the laws in effect at the time.  In the event additional applicable taxes or levies are subsequently imposed, these shall be borne by the Customer.

The invoices submitted by the Company to the Customer are payable promptly without any deductions and free of charges.  Payment should be made by electronic (wire) transfer.  All costs for funds transfer are to be borne by the client.

Non-compliance on the part of the Customer with the payment date gives the Company the right to discontinue the provision of the agreed service and to withdraw from the contract.  All costs connected therewith as well as any loss of profit shall be borne by the Customer.  In case of delayed payment, interest on payment in arrears will be charged at customary bank rates.

The Customer is not entitled to withhold payment because of unsatisfactory delivery, warranty claims or complaints.

Disclaimer

The Company provides the Website and its Content on an “as is” basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Website or the Content, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currentness, reliability and fitness for a particular purpose.  Although every reasonable effort is made to present current and accurate information, the Company makes no such guarantees of any kind.

The Content of the Website is for information purposes only and is not intended to provide to the User specific financial, investment, tax, legal or accounting advice and should not be relied upon in that regard.  The User shall not act or rely on any Content without seeking the advice of a professional.

The Company does not review, monitor, control, endorse, approve or guarantee any Content created by external sources or information contained in links to external websites nor does it endorse any views expressed or products or services offered therein nor is the Company responsible for the content of those external sites.  The Company is providing these links to the User solely as a convenience.

The Company does not represent or warrant that the Website meets the requirements of the User, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to the User’s computer system.  The User has sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

Unless otherwise explicitly stated, the Content on the Website is provided “as is”.  All express or implied conditions, representations and warranties, including any implied warranty of fitness for a particular purpose, or non-infringement are disclaimed, except to the extent that such disclaimers are held to be legally invalid.

The Company makes no representations, warranties, guaranties as to the quality, suitability, truth, accuracy or completeness of any of the Courseware.  Any questions regarding the Courseware shall be directed to the Courseware Providers through the Company.

In the event the User is referred to another party by the Company at the User’s request, the Company gives no warranty or undertaking whatsoever with regard to the professional competency of the person to which the User is referred.

Products provided by third-parties have not been independently authenticated by the Company.

Limitation of Liability

The User accepts that it makes use of the Content provided on the Website and/or Products provided by the Company at the User’s own risk.

The Company shall not in any event be held responsible or liable to the User or anyone else for any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with the User’s use of or inability to use the Website or the Content or any action or decision made by the User in reliance on the Website or the Content or any unauthorized use or reproduction of the Website or the Content.

The Company shall not in any event be held responsible or liable to the User or anyone else for any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with the use of or reliance on any content, goods or services available on or through any external sites or resource linked to or from the Website.

Neither the Company nor Courseware Providers shall be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages suffered as a result of using the Courseware, including loss of business, revenue, profits, use, data or other economic advantage, however it may arise, whether for breach or in tort.

The Trial User agrees to hold the Company harmless from and undertakes not to sue the Company for any claims based on use of the Website.

Any unprotected e-mail communication over the Internet is not confidential, subject to possible interception or loss and subject to possible alteration.  Therefore, the Company is not responsible for and shall not be held liable to anyone for any damages in connection with an e-mail sent by the User to the Company or an e-mail sent by the Company to the User at the User’s request.

The Customer must comply with all applicable laws and regulations of the country for which the Products are destined.  The Company will not be liable for any breach by the Customer of any such laws.

Protection of Intellectual Property Rights

All Site Content is copyrighted.  All Rights Reserved.  Unauthorized use and/or duplication of this material without express and written permission from the Content owner is strictly prohibited.  Excerpts and links may be used provided that full and clear credit is given to the Company only with appropriate and specific direction to the original content.  Content on this Site may also be licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license.

All Content is provided by or to the Company is the copyrighted work of the Company or the Content Provider.  The User shall ensure that no Content be copied, mirrored, photocopied, reproduced, modified, uploaded, distributed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior express written permission of the copyright owner.  Any unauthorized use of the Content is strictly prohibited and constitutes a copyright infringement.  Any User found in breach of this term shall have their account suspended immediately and violation of this term may lead to prosecution.

Nothing on this Website shall be construed as conferring any license or permission under any of the Website’s or any Content Provider’s intellectual property rights, whether by implication, or otherwise.  The User shall acknowledge sole responsibility for obtaining any such permission.

Permission is granted to display and download Materials on this Website provided that: (1) the use of the Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media; and (2) no modifications of any of the Materials are made.  This permission terminates automatically without notice upon breach of any of these Terms by the User.  Upon termination, the User will immediately destroy any downloaded and printed Materials.  Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The Company may, at its sole discretion, remove Materials that it suspects may infringe or otherwise violate intellectual property rights of others.

Privacy and Non-Disclosure of Confidential Information

Any information obtained from a User at the time of the registration or otherwise is stored by the Company.  This information is collected solely for the purposes of communicating with the User, processing registrations, creating and maintaining user records, keeping Users informed of upcoming events and products, and assisting the Company in improving services.  This information shall not be passed by the Company to a third party, except with the explicit approval of the User or as may be required by law, court order or governmental regulation or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding.

The Company shall comply with all applicable legal provisions regarding data protection, including European Data Protection Directives and any other applicable data protection legislation.  In particular, the Company shall not provide or otherwise disclose any personal data of the Users to any third party without authorization.

The Company advises its Customers that data provided to the Organizer by the Users are stored and processed mechanically in machine-readable form for purposes arising from the contractual relationship.  Dissemination of data to third parties shall only occur within the scope of the purpose of the contract.  The Company obligates his employees or any other party contracted by the Company to observe the provisions of its Privacy Policy.

The User undertakes to treat confidentially any information obtained or received from the Company to the extent that at the time of such disclosure such information is not within the public domain.  The User shall not divulge or communicate such confidential information in whole or in part to any unauthorized person other than to those whose province it is to know the same or upon explicit approval of the Company and shall use his/her best endeavors to prevent the publication or disclosure of any such confidential information by any other person.  This restriction will cease to apply to information that comes into the public domain – other than through the User’s breach of the Terms – and will continue indefinitely.

Miscellaneous

Unless otherwise stated in these Terms, the Customer shall submit all notices to the Company using the contact form provided on the User Site or by e-mail.  The Company shall correspond with the Customer by e-mail to the Customer’s e-mail address in the Customer’s user account.

The Customer’s Terms and Conditions of Purchase are invalid for the legal transaction which is the subject of this agreement as well as for the entirety of the business relationship between the Company and the Customer.

The place of performance under these Terms shall be the Organizer’s registered office.  Place of jurisdiction shall be the main place of business of the Organizer.

The contractual relationship and this Agreement between the Company and the User shall be governed and construed in accordance with Austria law.

The Customer acknowledges agreement with and acceptance of these Terms by checking the checkbox statement “I have read and accept the General Terms and Conditions.” and clicking the submit button.

© 2019 AUTIN GmbH.  All rights reserved.