Terms of Service and Legal Notice

A.  Terms of Service

 

I.            These Terms

These are the terms and conditions (“Terms”) on which we supply products to you, whether these are goods, services, training or digital content (our “Services”).

Please read these Terms carefully before using any of our Services. By choosing to use any of our Services, you agree to be bound by these Terms.

 

II.            Information about us and how to contact us

Who we are: Negotiation Academy is a venture by Dr. Claudia Winkler, registered at Mosergasse 12/22, 1090 Vienna.

How to contact us: You can contact us by writing to us at office@necademy.com.

How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address you provide to us.

 

III.            Your Personal Information

Any personal information submitted in connection with your use of our Services is subject to our Privacy Policy.

 

IV.            Your Account

To use our Services, you will need to register for a free account. You are solely responsible for maintaining confidentiality of your account, including your user name and password. You agree to notify us immediately of any unauthorized use of your account or other breach of security.
You may not transfer your account to any other person or allow use of your account and the Services acquired by you by any other person. Breach of this term may lead to a termination of your account (see “Termination of Services”).

 

V.            Content, IP and Permissions

All content provided by us is protected by copyright and other intellectual property laws. As a user of our Services, we grant you a limited, non-exclusive and non-transferable license to access this content for your personal and non-commercial use in accordance with these Terms. All other use is prohibited unless with our express written consent. You may not share, duplicate, copy or transfer our content in any way and are liable for any damages we incur should you breach this agreement.

 

VI.            Your rights to terminate a Service

1.      Your right to change your mind under the EU Consumer Rights Directive (2011/83/EU) and Austrian E-Commerce Act “Fernabsatzgesetz”

For most products bought online you have a legal right to change your mind within 14 days and receive a refund. If you have bought digital content for download or streaming, you have 14 days after the day on which you receive your email to confirm your order, or, if earlier, until you start downloading or streaming the Service. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

2.      How we will refund you. We will refund you the amount we received for the product by the method you used for payment. The amount we receive for a product will be the amount you pay less any payment gateway or other fees deducted immediately at the occasion of the payment.)

3.      When your refund will be made. We will make the refund you are entitled to as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days of your telling us in writing that you have changed your mind.

4.      Ending a Service because of something we have done or are going to do.
If you are terminating a Service for a reason set out at (a) to (c) below, the Service will end immediately and we will refund you in full for any Service you have not fully consumed (e.g. a course that you have not yet finished and received your certificate for).
The reasons are:

(a) we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
(b) we have suspended supply of the Service for technical reasons or are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(c) you have a legal right to end the contract.

You may terminate your use of our Services any time, either by discontinuing to access them or by deleting your account as set out in our privacy statement.

 

VII.            Our right to terminate a Service

1.      We reserve the right to terminate, modify or suspend our Services at our sole discretion as follows:
a)      We may terminate, modify or suspend our Services at our sole discretion without prior notification;
b)     If we have to terminate or suspend a paid Service you are currently using, you have full rights to terminate your subscribed Services with us (please see “Your rights to terminate a Service”)

2.      We reserve the right to terminate, modify or suspend your access to our Services at our sole discretion as follows:
a)      We may terminate your account immediately and without notice or refund if you breach or violate any of these Terms or other applicable policies or laws.
b)      We may terminate your account immediately and without notice or refund if you post illegal, inappropriate, racist, sexist or otherwise offending content on our page or in communication with any of its members, administrators or customers in private or public.
c)       We may also terminate your account for any reason or no reason at our sole discretion, in which case we will provide a full refund of any Service you have purchased in the last 6 months.

 

VIII.          Special Conditions for Live Training

By registering for a live training, ie training hosted in our, your, or a third location where we train you in person (“training”), you agree to be bound by the following terms:

1. Refunds and Cancellation by You

We will refund your participation fee in the following cases:

a) We will refund 100% of the fee we have received if you need to cancel up to 10 weeks before the first day of the training.
b) We will refund 50% of the fee we have received if you cancel between 10 weeks and up to 4 weeks before the first day of the training.
c) We cannot refund your fee if you cancel later than 4 weeks before the first day of the training.

Transfer fees for any refunds due to cancellations from your side will have to be borne by you.

2. Force Majeure and Illness/personal Injury

a) In the event that we face a situation where it is impossible or inadvisable for health or safety reasons to execute the training due to forces beyond anyone’s control, including, without limitation, strikes, work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, a cancellation of the training does not result in a breach of contract and will not create any liability to participants. We shall notify participants of such force majeure circumstances as soon as reasonably practical and shall promptly undertake all reasonable efforts necessary to cure such force majeure circumstances with an aim to go ahead with the training as planned.

b) The same shall apply in the event of last minute severe illness or personal injury of a lead trainer if we are unable to provide training at the same quality by finding a substitute trainer in time. Under such circumstances we shall have to cancel the training with no liability to participants.

3. Location and Program

We shall endeavor to ensure that the announced program and location (if organized by us) of the training is provided. However, for reasons outside our control it might be necessary to alter the content, trainers, timing or location. We therefore reserve the right to make any necessary changes and shall inform you as soon as possible. Such changes do not entitle you to any refunds nor shall we carry any liable in respect of the same.

4. Visa

If you need a visa to attend our training, you will be responsible to arrange for the same.

While we support you in any way we can, we cannot provide visa invites outside of Austria and have no influence over the final decision of the visa authorities.

5. Insurance

You are solely responsible for taking out appropriate insurance to cover any unforeseen circumstances that might happen in the runup or during our training. This includes, for example, travel insurance, cancellation insurance, health insurance, liability and accident insurance.

6. Photography and Videotaping

Photo and video footage may be taken at the trainings for promotional and education purposes. In attending our trainings you hereby consent to being recorded and/or photographed and to the use of the resulting material by us for training or marketing purposes. If you do not want to be photographed/recorded please inform the photographer during the training.

 

IX.            Warranty Disclaimer and Limitation of Liability

Your use of our Services is entirely at your own risk. The content of our Services is provided “as is” and without warranties of any kind, either express or implied. We do not represent or warrant that our Services will perform without interruption or errors, we have no obligation to indemnify or defend you against claims related to infringement of IP or other claims, and we do not represent or warrant that our Services are secure from hacking or other unauthorized intrusion or that your data will remain private or secure.

Neither Negotiation Academy nor any of our subsidiaries, directors, employees or other representatives are responsible or liable for any direct or indirect, incidental, consequential or other damage under any circumstance. The maximum liability for damages or losses shall in any case be limited to the total amount paid to access our Services.

 

X.            Disclaimer regarding Scope of Service

Users understand and agree that

1.      Our Services are general in nature and may not be applicable to solve a specific problem or dispute;

2.      Our Services are not provided with any guarantee or warranty as to quality or suitability to suit any particular purpose;

3.      We cannot guarantee suitability of a specific Service (e.g. a negotiation method) for a specific situation or purpose;

4.      The Services provided do not constitute a mediation service or the practice of law, legal counseling or professional advice of any kind;

5.      We do not personally evaluate, license, certify or recommend users as mediators or negotiators, nor do we guarantee that users will be successful mediators or negotiators.

 

XI.            System and Service Outages

Due to service and maintenance, we periodically need to schedule downtime of our Services. You agree that we cannot be held liable for a) the periodical unavailability of our Services, b) any loss of material, user data, course data or other transaction caused by a system outage, c) the resulting delays of such system outages, and d) any outages caused by third parties such as our hosting providers or other service providers or third-party plugins or platforms, facilities or networks.

 

XII.            Changes to these Terms

Your continued use of our Services after changes have become effective shall mean that you have accepted those changes. You should visit this site on a frequent basis to ensure that you are aware of the latest version. Any revised Terms shall supersede all previous Terms.

 

XII.            Dispute Resolution

All concerns, disputes or claims arising out of or in connection with our Services shall first be communicated to our support team at office@necademy.com. Most problems can be resolved that way.

Upon written notice of any remaining dispute, the parties shall attempt to resolve it by negotiation with the executive who has the authority to settle the dispute. This process should be completed within 30 days.

If the dispute has not been resolved by negotiation, it shall be submitted to proceedings in accordance with the Vienna Mediation Rules of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber. In the event that within a period of 90 days from commencing proceedings under the Vienna Mediation Rules the dispute or claims are not resolved, they shall be finally settled under the Rules of Arbitration (Vienna Rules) of VIAC by one or three arbitrators appointed in accordance with the said Rules.

 

 

XIV. Other important Terms

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

Which laws apply to this contract. These Terms and your use of the Services shall be governed by the laws of Austria. Venue for any dispute shall be the courts of Vienna.

 


B. Legal Notice / Impressum

Information in accordance with Section 5 (1), Austrian E-Commerce Act (ECG):

Responsible for content:

Dr. Claudia Winkler
Mosergasse 12
1090 Wien
office@necademy.com
Web design: Frank Fichtenmüller

COPYRIGHT NOTICE
Content, design and data on this website is subject to copyright.