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Terms and Conditions

TUV AUSTRIA AKADEMIE GMBH
General terms and conditions Version 07/2016

Validity of the terms and conditions:

The general terms and conditions shall apply to the organization of all courses, seminars, trainings and measures (like training courses, eLearning or events) organised by the TUV AUSTRIA AKADEMIE GMBH as well as to the sale and the delivery of publishing products (like specialist publications in the fields of safety, technology, environment and quality) of the TUV AUSTRIA AKADEMIE GMBH as well as to the use of conference, meeting and function rooms, laboratories and workshops of TÜV AUSTRIA AKADEMIE GMBH for holding events and all associated deliveries to and services provided for the client. Deviating terms of participants or buyers shall be excluded for the whole business relationship. In case of contracts with consumers within the meaning of the Austrian consumers act (KSchG), indispensable legal rules will prevail over this terms and conditions.


Overview

A: Organization of public courses, seminars, trainings and measures

B: Organization of in-house courses

C: Publishing of specialist publication

D: Room rental

E: eLearning

F: Terms in common


A: Organization of public courses, seminars, trainings and measures (like training courses or events): 

A.1: Definition:
Public courses are publicly available to participants from different companies as well as to private persons. Schedules and event locations are shown in the course program, on our homepage and on our course folders.

A.2: Registration:
Every registration is binding. Registrations have to be done in a written form, which means by post, fax, email or via homepages www.tuv-akademie.at or www.tuv-elearning.at, unless otherwise stated for the respective event. If participants have not reached the age of 18, the registration has to be made and signed by the participant as well as its legal representative. The registration will be confirmed by the TUV AUSTRIA AKADEMIE GMBH.

A.3: Participation fees:

The participation fees can be found at the current course program or any course-relating materials or can be asked by the TUV AUSTRIA AKADEMIE GMBH.
The participation fees as stated in the course program are valid from July 1 until June 30 of the subsequent year, prices are subject to change. The subsequent program will be released at July 1. Misprints and errors are reserved.

A.3.1: Payment terms:

The stated participation fees are valid in EURO excluding VAT and have to be transferred within two weeks after receipt of invoice.

A.3.2: Delay:
In case of delay in payment, the TUV AUSTRIA AKADEMIE GMBH shall be entitled to charge interest of 8% per year above the base interest rate of the Austrian national bank plus overdue fines of EUR 4,00 for each reminder sent.
Furthermore, the participant is obliged to reimburse the TUV AUSTRIA AKADEMIE GMBH all costs and expenses incurred by his/her delay in payment as well as all costs that occur in the prosecution. That includes, apart from the legal obligation to pay compensation, all extrajudicial costs, dunning fees, costs for a debt collection company (in accordance with § 4 Abs 2 of the directive BGBl 141/96 concerning the valorised remuneration for debt collection services) plus lawyers’ fees where appropriate and necessary.

A.4: Rescission/Changes in bookings and cancellation fees:
Transfers and cancellations must be made in writing. They are free of charge up to 7 working days (Monday to Friday) before the start of the event. The cancellation/transfer deadline is only considered to have been met when the written cancellation or transfer statement has been received by the deadline at the address (postal address, fax or email) indicated for course registration. As from 6 working days up to 1 working day before the start of the event, 10 percent of the participation fee will be charged for transfers and 30 percent for cancellations. In case of no show or cancellation as from the (first) day of the event, the complete participation fee will be charged; transfers are then no longer possible. The handling fee for transfers is due upon receipt of the transfer statement. The cancellation fees are due when the rescission declaration becomes effective, regardless its reasons or a possible fault. The cancellation fees do not apply if the participant names a substitute participant who meets the requirements for the course and who pays the participation fees.
It is possible to transfer several times within the time limits set out above. In case of cancellation of an event after a transfer as from 6 working days to 1 working day before the original start of the event, up to 1 working day before the new date a cancellation fee to the amount of 30 percent is due at any rate. In case of no show or cancellation as from the (first) day of the event, again, the complete participation fee will be charged.
In case of rescission during the event, a refund of already billed and/or paid participation fees and/or examination fees is excluded.

The Distance Selling Act applies to contracts with consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG), stipulating that the contract may be cancelled within 14 days from its conclusion at a distance (i.e. by post, fax, email, telephone or online) without giving reasons for doing to. To cancel the contract in good time all that is required is a clear written statement (e.g. by post, fax or email) addressed to: TÜV AUSTRIA AKADEMIE GMBH, TÜV AUSTRIA-Platz 1, 2345 Brunn am Gebirge, sent by fax: +43 (0)5 0454-8145 or by email to: akademie(at)tuv(dot)at. For a sample Notice of Cancellation please click here.
The cancellation will be reconfirmed in writing.
In order to meet the cancellation deadline it is sufficient to send a notice, stating that you exercise your right to cancel the contract, prior to the expiry of the cancellation deadline.
If the cancellation is made after the start of the course and, as a result, TÜV AUSTRIA AKADEMIE GMBH has already begun to perform its contractual duties, then an amount must be paid to remunerate the actual services rendered by TÜV AUSTRIA AKADEMIE GMBH until cancellation that is proportional to the contractually agreed total price.

A.5: Rescission by the TUV AUSTRIA AKADEMIE GMBH:

The TUV AUSTRIA AKADEMIE GMBH may cancel an event until 6 working days before its beginning in a written form. In this case, already paid participation fees will be refunded, further claims are excluded.

A.6: Copyright:
The training materials and content of TÜV AUSTRIA AKADEMIE GMBH’s seminars, in particular transcripts and sets of slides, are protected by copyright. The content and information are intended solely for the personal use of participants for training purposes.
Any other use, in particular storing, duplicating, translating, processing or any form of commercial use and disclosure to other people – including in parts or in revised form – without the consent of TÜV AUSTRIA AKADEMIE GMBH is prohibited.

A.7: Confirmation of participation:
The claim to receive a certification of participation arises after the course has been visited in the required percentage (of regularly 80% or 100% percent) and after the participation fees including further costs like examination and certification fees have been paid. If an examination is provided, the claim to receive a certificate or another performance evaluation arises when the requirements stated above are met and the examination is taken successfully. The TÜV AUSTRIA Akademie GmbH reserves the right to exclude participants in the case of scientific misconduct, violation of the house rules or safety regulations, violation of laws or morality from further participation in classes or exams. Paid attendance / exam fees will be refunded pro rata. Other claims are excluded.

A.8: Amendments by the TUV AUSTRIA AKADEMIE GMBH:

The TUV AUSTRIA AKADEMIE GMBH reserves the right to make some changes concerning the contents of the course/training program, the number of course hours, the location or the course date, if any relevant legal requirements have changed.

 

B: Organization of in-house courses (that means internal courses, seminars, trainings and measures (like training courses or events):

B.1: Definition:
In-house courses will be organized specifically for individual companies/organizations. Therefore the contents and the focus of the courses will be coordinated with the company.
It shall also be possible to send employees of other companies to an in-house course.
Usually, the courses take place at the company headquarters, however, the TUV AUSTRIA AKADEMIE GMBH may take over the organization of an appropriate course location.

B.2: Acceptance of the offer:
Orders have to be sent in a written form, that means by post, fax or email to the TUV AUSTRIA AKADEMIE GMBH four weeks before the beginning of the course at the latest. They have to be signed by the contractor.

B.3: Costs:
The costs include services as listed in the offer. The amount stated is valid for the maximum number of participants as stated. In case that there are no additional costs for additional participants are stated, each additional participant increases this amount proportionally. There is no claim of any price reduction for participants who fail to appear.
Additional costs like costs for certification exams, confirmations or certificates, that are not included in the service, will be billed separately.
If TUV AUSTRIA AKADEMIE GMBH does not receive the information requested for organising the training by 8 days before the start of the seminar at the latest, any additional costs incurred will be charged to the client.
 
B.3.1: Payment terms:

The stated course fees are valid in EURO excluding VAT and have to be transferred within two weeks after receipt of invoice. The same also applies to instalments. If payment by instalments is agreed, every partial payment has to be transferred within two weeks.

B.3.2: Delay:
In case of delay in payment, the TUV AUSTRIA AKADEMIE GMBH shall be entitled to charge interest of 8% per year above the base interest rate of the Austrian national bank plus overdue fines of EUR 4,00 for each reminder sent.
Furthermore, the ordering client is obliged to reimburse the TUV AUSTRIA AKADEMIE GMBH all costs and expenses incurred by his/her delay in payment as well as all costs that occur in the prosecution. That includes, apart from the legal obligation to pay compensation, all extrajudicial costs, dunning fees, costs for a debt collection company (in accordance with § 4 Abs 2 of the directive BGBl 141/96 concerning the valorised remuneration for debt collection services) plus lawyers’ fees where appropriate and necessary.


B.4: Rescission/Changes in bookings and cancellation fees:

Rescission from the registration has to be done in a written form.
The cancellation fees are 30% of the order amount if the rescission is between four and two weeks before the beginning of the course, 50% of the order amount if the rescission is between two weeks and eight days before the beginning and 90% of the order amount if the rescission is later than the seventh day before the beginning.
In the event of a postponement caused by the customer earlier than two weeks before the beginning of the course, a handling fee in the amount of 10% of the course price will be charged.

B.5: Rescission/Changes of appointments by the TUV AUSTRIA AKADEMIE GMBH:

The event can be cancelled/postponed by TÜV AUSTRIA AKADEMIE GMBH in written form up to 18 working days before the start of the seminar.
In case of cancellation due to illness of the trainer or any other unforeseen event, there is no right of realization of the course. Compensation for expenses and other claims cannot be derived from this. The same applies to postponements and changes in schedules that are short-dated necessary.
If an event has to be cancelled, already paid course fees will be reimbursed without deductions.
Repayment is made by transfer to an account given by the customer in writing.

B.6: Confirmation of participation:
The claim to receive a certification of participation arises after the course has been visited in the required percentage (of regularly 80% or 100% percent) and after the participation fees including further costs like examination and certification fees have been paid. If an examination is provided, the claim to receive a certificate or another performance evaluation arises when the requirements stated above are met and the examination is taken successfully. The TÜV AUSTRIA Akademie GmbH reserves the right to exclude participants in the case of scientific misconduct, violation of the house rules or safety regulations, violation of laws or morality from further participation in classes or exams. Paid attendance / exam fees will be refunded pro rata. Other claims are excluded. The client will be informed about the exclusion.

B.7: Amendments by the TUV AUSTRIA AKADEMIE GMBH:

The TUV AUSTRIA AKADEMIE GMBH reserves the right to make some changes concerning the contents of the course/training program, the number of course hours, the location or the course date, if any relevant legal requirements have changed.

 

C: Publishing of specialist publication: 

C.1: Prices of publishing products:
If not otherwise specified, all prices are in EURO exclusive VAT plus costs relating to dispatch. Any export or import duties in connection with the dispatch shall be borne by the purchaser.

C.1.1: Payment terms:
There is a payment deadline of two weeks for goods delivered on account.

C.1.2: Delay:
In case of delay in payment, the TUV AUSTRIA AKADEMIE GMBH shall be entitled to charge interest of 8% per year above the base interest rate of the Austrian national bank plus overdue fines of EUR 4,00 for each reminder sent.
Furthermore, the participant is obliged to reimburse the TUV AUSTRIA AKADEMIE GMBH all costs and expenses incurred by his/her delay in payment as well as all costs that occur in the prosecution. That includes, apart from the legal obligation to pay compensation, all extrajudicial costs, dunning fees, costs for a debt collection company (in accordance with § 4 Abs 2 of the directive BGBl 141/96 concerning the valorised remuneration for debt collection services) plus lawyers’ fees where appropriate and necessary.

C.2: Right of rescission:
The Distance Selling Act applies to contracts with consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG), stipulating that the contract may be cancelled within 14 days from its conclusion at a distance (i.e. by post, fax, email, telephone or online) without giving reasons for doing to. To cancel the contract in good time all that is required is a clear written statement (e.g. by post, fax or email) addressed to: TÜV AUSTRIA AKADEMIE GMBH, TÜV AUSTRIA-Platz 1, 2345 Brunn am Gebirge, sent by fax: +43 (0)5 0454-8145 or by email to: verlag@tuv.at. For a sample Notice of Cancellation please click here.
In case of withdrawal, a full or partial reimbursement of the purchase price will be made only step by step in line with the return of the goods received by the purchaser. Therefore it is a precondition that the goods are in an unused and resalable condition. The dispatching costs are borne by the customer. If goods are affected by traces of usage or if the packaging has been damaged, an appropriate compensation for the reduction in value will be charged. The same applies if accessories (like manuals, drivers, CDs, Software, etc) are missing at restitution.
There is no right of return for audio or video recordings (like CDs, DVDs, ...) or software unsealed by the purchaser, moreover for services that has been sent online (like software for download).

C.3: Retention of title:
The goods remain property of the TUV AUSTRIA AKADEMIE GMBH until completed payment. Prior to complete payment of the goods, the purchaser has no right to pledge the goods, to transfer ownership as security or to grant any other right concerning the goods to third parties.

 

C.4: Web subscription:  
That means an internet-based application with temporally limited access.
 
C.4.1: Restriction in use:
For the duration of the subscription the TUV AUSTRIA AKADMIE GMBH grants a non-exclusive and non-transferable licence for the usage of the online-service named in the subscription, which is restricted by the following provisions. The license ends when subscription expires.
Only persons who are listed as users in the written agreements (= order form, notification concerning user changes) and who the TUV AUSTRIA AKADEMIE GMBH has assigned a password have the access and the right to use the online-services of TUV AUSTRIA AKADEMIE GMBH.
Separate functions may be added to or removed from the subscribed online-service, both with immediate effect.
Customers are allowed to use TUV AUSTRIA AKADEMIE GMBH online-services as well as the data they contain only for private use and for the purpose of normal business use. The access to the TUV AUSTRIA AKADEMIE GMBH online-services and its usage shall only be done by manually, individually and independently executed search and download activities. Data and information from the TUV AUSTRIA online-services shall only
 
- be shown in electronic form to the particular user, but not systematically to a great number of other users or third parties, for example by copying of data or information into the customer-related intranet, into internet discussion forums or similar.

- be printed or downloaded by using print or download commands, which are provided at the access surface itself, in a single copy for private purpose and for the purpose of normal business use.

Any downloading, saving, reproducing, transferring, showing, copying, distributing or using of data and information of the online-service that is not explicitly stated in this point, is prohibited. Especially each access and each usage of the TUV AUSTRIA AKADEMIE GMBH online-services by independently working search or download mechanisms like computer programs that systematically download essential party of data and information, is prohibited. The data and information must not be entered in databases that are open to third parties. Neither the data and information nor parts of it are allowed to be sold, sublicensed or transferred to third parties in other ways, even not copies or reproductions.

 

D: Room rental: 

D.1: Definition:
TÜV AUSTRIA AKADEMIE GMBH rents its conference, meeting and function rooms, laboratories and workshops at all its locations to clients for the purpose of holding events.


D.2: Event contract:
The event contract only materialises with the written confirmation by the client. The contents of this confirmation of order are binding. Verbal agreements or agreements made by telephone are only binding if they are confirmed by TÜV AUSTRIA AKADEMIE GMBH. If, following the acceptance of an order, TÜV AUSTRIA AKADEMIE GMBH should doubt the creditworthiness of the client, it is entitled to withdraw from the contract unless the client agrees to immediately make an advance payment.

D.3: Options:
Data regarding options are binding for both parties to the contract. Following expiry of the deadline for options, TÜV AUSTRIA AKADEMIE GMBH is entitled to rent the rooms to a different client.

D.4: Guarantee of the participants/cancellation conditions:

If the client cancels rooms already booked, the written cancellation is free of charge up to 15 working days before the date of the event.  
- In the event of a cancellation within 14 working days before the date of the event, 30 % of the contractually agreed services will be charged for.
- In the event of a cancellation within 10 working days before the date of the event, 60 % of the contractually agreed services will be charged for.
- In the event of a cancellation within 7 working days before the date of the event, 80 % of the contractually agreed services will be charged for.
- In the event of a cancellation within 3 working days before the date of the event, 100 % of the contractually agreed services will be charged for.

If an order for an event is placed fewer than 15 working days before the start of the event, the aforementioned cancellation conditions apply immediately upon conclusion of the contract.

For events where food and/or drinks are provided, 20 % of the contractually agreed number of participants can be reduced free of charge by seven working days before the start of the event at the latest. This information applies as guaranteed content of the contract and forms the basis of the minimum final account by TÜV AUSTRIA AKADEMIE GMBH. If more than 20 % of the participants cancel, the aforementioned cancellation conditions apply for the additional cancellations. In such a case, TÜV AUSTRIA AKADEMIE GMBH reserves the right to exchange the reserved rooms for other rooms.

D.5: Food and drink brought along by the client:

No food and drink to be consumed on the premises may be brought along without the written consent of TÜV AUSTRIA AKADEMIE GMBH. TÜV AUSTRIA AKADEMIE GMBH reserves the right to charge an appropriate fee for food and drink brought to the premises by the client.

D.6: Function rooms:

Reserved rooms are only at the disposal of the client during the time period agreed in writing. Any use of the rooms over and above this agreed time period requires the consent of TÜV AUSTRIA AKADEMIE GMBH, and is only granted for an additional fee. If, on the day of the event, the client desires a change to the seating arrangement agreed in writing, this service will be charged for according to expenditure of time. TÜV AUSTRIA AKADEMIE GMBH reserves the right to change rooms provided the client can be reasonably expected to accept this change, taking into consideration the interests of TÜV AUSTRIA AKADEMIE GMBH.

D.7: Objects, transport packaging materials, decorations brought along by the client:
Any exhibits and other objects are to be removed at the end of the event. If the client does not comply with this rule, TÜV AUSTRIA AKADEMIE GMBH is entitled to remove such objects, store them at cost or, if necessary, return them at cost. Any transport packaging materials and all other packaging materials brought along by the client are to be disposed of by the client at their own expense. If such materials are left behind following the event, TÜV AUSTRIA AKADEMIE GMBH is entitled to have them disposed of at cost. In order to avoid damage to the walls, any application of decorations or other objects must be agreed with TÜV AUSTRIA AKADEMIE GMBH in advance. The client guarantees that decorations in particular comply with fire safety regulations. If additional cleaning of the rooms used by the client is required besides the normal final cleaning, the client is obliged to pay the associated costs.

D.8: Liability:
The client is personally liable for the correct and safe storage of objects and exhibits of any nature brought along by them. TÜV AUSTRIA AKADEMIE GMBH does not provide insurance cover for objects brought along by the client. The client is liable for loss and damage caused by themselves, their employees, other assistants and participants to the event.

D.9: External electrical equipment and systems:

If the client provides their own electrical systems or equipment, consent for such must be obtained from TÜV AUSTRIA AKADEMIE GMBH before connecting such to the power supply. The incurred power consumption will be charged according to the valid provision and work rates as charged to TÜV AUSTRIA AKADEMIE GMBH by the utilities company. TÜV AUSTRIA AKADEMIE GMBH is entitled to charge a flat rate for such consumption.

D.10: Official approvals:

It is the client’s responsibility to ensure at their expense that any necessary approvals and permits for the event are available in good time. If they hold a music event, the client is responsible for registering with the AKM.

D.11: Events after 5 p.m. on weekdays, and on Saturdays, Sundays and bank holidays:

An additional personnel surcharge for each required supervisor is payable for events which are held after 5 p.m. on weekdays, on Saturdays, Sundays or bank holidays.

D.12: Prices and terms of payment:

Unless otherwise agreed, all prices are expressed in euros and are subject to VAT. If the period between the conclusion of the contract and the hosting of the event exceeds 120 days, TÜV AUSTRIA AKADEMIE GMBH reserves the right to apply price changes. The invoice is issued on the day following the event and is payable within two weeks without discount. Any services not used will not be deducted afterwards. If the client changes their postal address and the invoice cannot be delivered, this does not affect the due date for payment. The client is always obliged to disclose their current postal address.

D.13: Arrears:
In the event of arrears, TÜV AUSTRIA AKADEMIE GMBH is entitled to charge interest on arrears amounting to 8 % p.a. above the basic interest rate of the Austrian National Bank and to charge a reminder fee of € 4.00 per reminder.
The client is further obliged to reimburse TÜV AUSTRIA AKADEMIE GMBH for the costs actually incurred by their arrears and to reimburse TÜV AUSTRIA AKADEMIE GMBH for the costs and expenses necessary for the appropriate legal action to retrieve such costs. Irrespective of the liability to reimburse TÜV AUSTRIA AKADEMIE GMBH for the costs of legal action, this includes in particular the out-of-court expenses, the reminder fees, the costs of a debt-collection agency (in accordance with the remuneration for debt-collection services explained in the regulation of the Federal Ministry of Economic Affairs, Federal Law Gazette 141/96, valorised according to § 4 para. 2 of this regulation), as well as the lawyers’ fees provided they were useful and necessary.

D.14: Use of the company name TÜV AUSTRIA AKADEMIE GMBH:
Any newspaper advertisements and publications regarding events of any kind being held in premises of TÜV AUSTRIA AKADEMIE GMBH require the prior consent of TÜV AUSTRIA AKADEMIE GMBH. If a newspaper advertisement is placed or an announcement published without obtaining prior consent, TÜV AUSTRIA AKADEMIE GMBH is entitled to cancel the event.

D.15: Cancellation by TÜV AUSTRIA AKADEMIE GMBH:
TÜV AUSTRIA AKADEMIE GMBH is entitled to immediately terminate the contractual relationship for just cause by sending a one-sided written explanation to the client. Just cause applies, for instance, if:
- the client violates essential provisions of the Terms and Conditions of Business;
- the event endangers the smooth conduct of business;
- the reputation and the safety of the company are endangered; and
- in the event of force majeure.
The client is not entitled to assert any claims for damage.

 

E: eLearning: 

E.1: Definition:
TÜV AUSTRIA AKADEMIE GMBH’s learning platform, which may be accessed via the following web address: https://www.tuv-elearning.at, offers courses using “e-learning” and “blended learning” methods as well as “communities”.

E-learning courses:

E-learning courses are online courses with electronically processed content – with or without guidance by an online trainer. The community tools on the learning platform (chat, instant messaging, internal email, forum, file storage) are provided to the participants for communication purposes among the learning group and for course-specific data exchange during the time of the training course as needed.

Blended learning courses:
Blended learning courses combine classroom training and online learning with electronically processed content and guidance provided by trainers via the learning platform. The community tools on the learning platform (chat, instant messaging, internal email, forum, file storage) are provided to the participants for communication purposes among the learning group and for course-specific data exchange during the time of the training course as needed.

Community:

The learning platform is also used for seminars requiring attendance, for training courses and instruction sessions as a communication hub (community) between tutors and participants. TÜV AUSTRIA AKADEMIE GMBH provides access to the learning platform free of charge for each participant of its seminars as necessary for mutual exchange of information (email, forum, chat, etc.), to make the training course run more smoothly and to complement the existing education offers.

E.2: Right of cancellation:
The following applies to distance sales:
The Distance Selling Act applies to contracts with consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG), stipulating that the contract may be cancelled within 14 days from its conclusion at a distance (i.e. by post, fax, email, telephone or online) without giving reasons for doing to. To cancel the contract in good time all that is required is a clear written statement (e.g. by post, fax or email) addressed to: TÜV AUSTRIA AKADEMIE GMBH, TÜV AUSTRIA-Platz 1, 2345 Brunn am Gebirge, sent by fax: +43 (0)5 0454-8145 or by email to: elearning(at)tuv(dot)at. For a sample Notice of Cancellation please click here.
The cancellation will be reconfirmed in writing.
In order to meet the cancellation deadline it is sufficient to send a notice, stating that you exercise your right to cancel the contract, prior to the expiry of the cancellation deadline.
The right of cancellation is excluded if, with the client’s consent, TÜV AUSTRIA AKADEMIE GMBH has begun to deliver the digital content before the expiry of the cancellation period.

Consequences of cancellation:
If the contract is cancelled in due time, all payments already made will be refunded immediately and at the latest within 14 days of receiving the notice of cancellation. The same payment method will be used for the refund as in the original transaction, unless a different form of payment has been expressly agreed; no extra fees will be charged.

E.3: General information and access:
The user must accept TÜV AUSTRIA AKADEMIE GMBH’s General Terms and Conditions before completing the sale. They will receive login information to the learning platform within 2 business days.
Disclosure of the login information to third parties is prohibited.
Guest users must accept the General Terms and Conditions at each login.

E.4: Copyright, licenses and downloads:
The user agrees to comply with all applicable legal provisions, in particular with the stipulations of competition law and the protection of intellectual property, when using the learning platform.
Any other use, in particular storing, duplicating, translating, processing or any form of commercial use and disclosure to other people – including in parts or in revised form – without the consent of TÜV AUSTRIA AKADEMIE GMBH is prohibited.
TÜV AUSTRIA AKADEMIE GMBH makes every effort to observe the copyrights of all the images, graphics, audio files, video sequences and texts, to use its own images, graphics, audio files, video sequences and texts, or to avail itself of license-free graphics, audio files, video sequences and texts in all of its publications. All brands and trademarks mentioned on our website and, as the case may be, protected by the rights of third parties, are subject to the terms of the relevant copyright law and the rights of ownership of the registered owner.
The copyright of any material created by TÜV AUSTRIA AKADEMIE GMBH remains solely with TÜV AUSTRIA AKADEMIE GMBH. Any duplication or use of such graphics, audio files, video sequences and texts in other electronic or printed publications is prohibited without the express permission of TÜV AUSTRIA AKADEMIE GMBH.
The use of any software made available for download by TÜV AUSTRIA AKADEMIE GMBH is subject to the applicable license conditions of the authorised provider or the respective manufacturer (license agreement). These conditions are electronically transmitted together with the software in question or are available from the manufacturer/authorised provider on request. The software cannot be installed unless the user first accepts the terms of the license agreement.
Unless otherwise specified, the e-learning content, software and all other electronic training materials made available on the learning platform are intended exclusively for the personal use of course and seminar participants and may only be used for this purpose. Any other uses are prohibited and will be prosecuted under civil and/or criminal law.

The user of the learning platform may only make copyrighted works available on the learning platform with the express consent of the author or copyright owner.
If the user fails to comply, TÜV AUSTRIA AKADEMIE GMBH reserves the right to assert claims for damages.
In the event of recourse to TÜV AUSTRIA AKADEMIE GMBH by third parties, which is the result of a wrongful and culpable act on the part of a holder of the rights of use, TÜV AUSTRIA AKADEMIE GMBH will indemnify the user who has acted wrongfully for any claims.

E.5: Penalties:
In the event of a minor infringement of these Terms and Conditions, the participant in question shall be cautioned. In the event of a serious or repeated infringement of these Terms and Conditions, the holder of the rights of use shall be stripped of their rights of use and their access to the learning platform shall be blocked; this does not exclude the assertion of any further claims, in particular claims for damages, on the holder of the rights of use. If access to the learning platform is blocked in this way, the tuition fees will not be refunded to the participant in question.

E.6: Liability:
Website content:

Mistakes, changes as well as typographical and printing errors are excepted. TÜV AUSTRIA AKADEMIE GMBH assumes no liability for the topicality, accuracy and completeness of the information provided on its learning platform. Liability claims against TÜV AUSTRIA AKADEMIE GMBH of a material or immaterial nature caused by the use or non-use of any information provided and/or the use of incorrect or incomplete information are excluded, except in the case of gross negligence or wilful damage on the part of TÜV AUSTRIA AKADEMIE GMBH, or if they relate to personal injury.
TÜV AUSTRIA AKADEMIE GMBH operates the learning platform to the latest technical standards and seeks to keep the content of its website free of viruses. However, due to various technical parameters TÜV AUSTRIA AKADEMIE GMBH assumes no guarantee or liability for the absence of viruses on the learning platform. Before downloading information, software and files, each user must ensure appropriate security precautions and use adequate virus scanners or other technical security precautions for their own security but also to prevent the introduction of viruses to the learning platform.

References and links:
TÜV AUSTRIA AKADEMIE GMBH assumes no liability for the quality, accuracy, topicality and/or completeness in particular of the information provided by third parties, which are expressly identified as such, in the scope of the learning platform.
For direct or indirect references to external websites (“hyperlinks”), which lie outside the responsibility of TÜV AUSTRIA AKADEMIE GMBH, liability only applies in cases where TÜV AUSTRIA AKADEMIE GMBH is aware of the content and where it would be technically possible and reasonable for it to prevent the use of illegal content. TÜV AUSTRIA AKADEMIE GMBH hereby expressly declares that, at the time of linking, no illegal content was detected on the linked sites. TÜV AUSTRIA AKADEMIE GMBH has no influence over the current and future design, content or authorship of the linked sites. It therefore expressly distances itself from all content on all linked sites to which changes were made after the link was created. This statement applies to all links and references in the scope of TÜV AUSTRIA AKADEMIE GMBH’s website as well as to postings by third parties in guestbooks, discussion forums, link directories, mailing lists and any other types of databases which permit write access. The providers of the sites referred to shall be solely liable for illegal, incorrect or incomplete content, and especially for damages incurred as a result of the use or non-use of information presented thereon; liability does not extend to the party that only referred to the respective publications via links.

Operation:
All offers are non-binding and without obligation. TÜV AUSTRIA AKADEMIE GMBH expressly reserves the right to alter, add to or delete parts of the web pages or the entire website without notice, and to temporarily or permanently suspend the publication.
TÜV AUSTRIA AKADEMIE GMBH operates the learning platform using the technical, commercial, operational and administrative options at its disposal and therefore assumes no guarantee for the availability, reliability or uninterrupted operation and ready access to the learning platform and its content, in particular with regard to the technical properties of the Internet. TÜV AUSTRIA AKADEMIE GMBH will make every effort to eliminate any failure without delay.
Any liability for direct, indirect or other damages resulting from the use or non-availability of the data and information provided on this learning platform is excluded regardless of their causes, except in the case of gross negligence or wilful damage to the participants on the part of TÜV AUSTRIA AKADEMIE GMBH. This exclusion of liability does not apply to personal injury.
Any embedding of individual pages of this learning platform into external frames is prohibited. Any modification or falsification of informational content in the scope of the learning platform is prohibited.
In the event of unauthorised linking to websites, TÜV AUSTRIA AKADEMIE GMBH assumes no liability for the linked websites and the information provided thereon; the owner of the site that was linked without authorisation is solely responsible for the content of that website. Content on the learning platform which is deemed by TÜV AUSTRIA AKADEMIE GMBH to reflect a disposition that is libellous, offensive or prohibited by law, to constitute a possible infringement of proprietary rights such as trademark and copyright protection, or to be used in any other illegal or inappropriate way, must be deleted immediately at the request of TÜV AUSTRIA AKADEMIE GMBH. As soon as TÜV AUSTRIA AKADEMIE GMBH learns of such infringements, it reserves the right to remove such content from the learning platform immediately.

 

F: Terms in common: 

F.1: Warranty, damages:
The warranty covers legally provided standards. Any defects shall be announced at delivery or at appearance, if possible. Claims of damage against the TUV AUSTRIA AKADEMIE GMBH caused by slight negligence are excluded.
If a contractor demands damage compensation against the TUV AUSTRIA AKADEMIE GMBH, he has the burden of proof the causation, unlawfulness and guiltiness. The transfer of any warranty and damage claims to third parties or similar is inadmissible.

F.2: Prohibition of compensation:

The offset with counterclaims against claims of the TUV AUSTRIA AKADEMIE GMBH for the payment of participation fees and other costs is excluded.

F.3: Data protection:

Registration and ordering data are recorded electronically for the purpose of business processing and customer service. The data will be used and treated confidentially. They will not be sent to third parties outside the TUV AUTRIA group, except in case it is essential for process handling. In the case of legally mandatory disclosure of information the Principal or the affected person will be informed about the transfer of such information, unless it is prohibited by law. If further information from the TUV AUSTRIA AKADEMIE GMBH is no longer wanted, it can be cancelled at anytime
Participants in courses and seminars within the meaning of sections A and B of the General Terms and Conditions agree to the use of seminar photos in publications of TÜV AUSTRIA AKADEMIE GMBH unless they explicitly object to this use. The objection may be made in writing (e.g. by post, fax or email) addressed to: TÜV AUSTRIA AKADEMIE GMBH, TÜV AUSTRIA-Platz 1, 2345 Brunn am Gebirge, sent by fax: +43 (0)5 0454-8145 or by email to: akademie(at)tuv(dot)at.
Please refer to the Data Privacy Statement of TÜV AUSTRIA AKADEMIE GMBH for information on data protection.

F.4: Copyright:
All data, graphics and other stuff in the legal copyright sense on the website of TUV AUSTRIA AKADEMIE GMBH are protected by copyright law. They are provided exclusively for the personal information of our customers, use is at own risk. The reproduction, copying or the printing of the whole website is only permitted for the purpose of ordering from the TUV AUSTRIA AKADEMIE GMBH. Any further editing, reproduction, distribution or public showing goes beyond the normal use and violates copyright law.

F.5: Severability clause:
The invalidity of one single stipulation does not result in the invalidity of the other stipulations. In case of the invalidity of a clause, the contracting parties agree that this clause will be replaced by another valid one that comes closest to its meaning. The general terms and conditions shall only apply to customers (within the meaning of KSchG) in so far as indispensible legal rules do not prevent this.

F.6: Applicable law, place of jurisdiction:
Austrian law is applicable under exclusion of its reference rules. The UN Convention on Contracts for the International Sale of Goods shall be excluded by mutual agreement. For all litigations the competent court in Vienna is agreed.
These terms are not applicable to contracts with consumers.

NEWS
TÜV AUSTRIA HELLAS: Lifelong Education as business development TÜV AUSTRIA HELLAS successfully organized an event on "Lifelong Education and Training as a business development tool". The added value that it provides to businesses and the modern educational tools and trends were put...
 

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© TUV AUSTRIA ACADEMY, 2345 Brunn am Gebirge, TÜV AUSTRIA-Platz 1, Phone: +43 (0)5 0454-8000, Fax: +43 (0)5 0454-8145,akademie(at)tuv(dot)at