Gen­er­al Terms and Conditions

The state­ments of the inter­view part­ners rep­re­sent their opin­ion, state of knowl­edge and expe­ri­ence. Any appli­ca­tion of the meth­ods, med­i­ta­tions etc. men­tioned by them is ALWAYS at your own risk. Nei­ther the orga­niz­ers, pre­sen­ters nor the inter­view part­ners assume any lia­bil­i­ty for per­son­al or oth­er dam­ages or risks aris­ing as a direct or indi­rect con­se­quence of the use and appli­ca­tion through the inter­view con­tent. Please con­sult a doc­tor or oth­er com­pe­tent advi­sor you trust before imple­ment­ing any sug­ges­tions from the interviews.

Con­trac­tu­al Part­ner On the basis of these Gen­er­al Terms and Con­di­tions (GTC), a con­tract is con­clud­ed between the cus­tomer and
One Vision Acad­e­my
Rep­re­sent­ed by Ingrid Nie­der­mayr
Address: Stein­gasse 6a, 4020 Linz, Aus­tria
Email address: ingrid@onevision.academy
Tele­phone: +436645377750
Sales tax iden­ti­fi­ca­tion num­ber: ATU71076328

here­inafter referred to as the provider, the con­tract is concluded.

Sub­ject mat­ter of the contract

This con­tract reg­u­lates the sale of new goods and ser­vices from the area(s) of Dig­i­tal Prod­ucts, Men­tor­ing Pro­grams, Coach­ings, Coach­ing Pack­ages or Pro­grams, Mas­ter­mind Cours­es, Online Cours­es, Mem­ber Access, Ebooks & AudioFiles via the Onli­neShop of the Provider. For details of the respec­tive offer, please refer to the prod­uct descrip­tion on the offer page.

Con­clu­sion of contract

The con­tract is con­clud­ed in elec­tron­ic busi­ness trans­ac­tions via the Shop­Sys­tem or via oth­er means of remote com­mu­ni­ca­tion such as tele­phone and email. In this con­text, the offers pre­sent­ed rep­re­sent a non-bind­ing invi­ta­tion to sub­mit an offer through the cus­tomer order, which the provider can then accept. By plac­ing the prod­ucts in the online store, we make a bind­ing offer to con­clude a con­tract for these items. You can ini­tial­ly place our prod­ucts in the shop­ping cart with­out oblig­a­tion and cor­rect your entries at any time before sub­mit­ting your bind­ing order by using the cor­rec­tion tools pro­vid­ed and explained for this pur­pose in the order process. The con­tract is con­clud­ed when you accept the offer for the goods con­tained in the shop­ping cart by click­ing on the order but­ton. Imme­di­ate­ly after send­ing the order, you will receive anoth­er con­fir­ma­tion by e‑mail. The order­ing process for the con­clu­sion of the con­tract includes the fol­low­ing steps in the Shop­Sys­tem: Selec­tion of the offer in the desired spec­i­fi­ca­tion (quan­ti­ty) Inser­tion of the offer in the shop­ping cart Press­ing the but­ton ‘order’ Entry of the email address, billing and deliv­ery address Selec­tion of the pay­ment method Review and pro­cess­ing of the order and all entries Press­ing the but­ton ‘order with costs’ Con­fir­ma­tion email that order has been received Orders can be placed in addi­tion to the Shop­Sys­tem also via means of dis­tance com­mu­ni­ca­tion (tele­phone / email), where­by the order­ing process for the con­clu­sion of the con­tract includes the fol­low­ing steps: Call­ing the order hot­line / send­ing the order mail Con­fir­ma­tion mail that order has been received With the send­ing of the order con­fir­ma­tion, the con­tract is concluded.

Reten­tion of title

Until full pay­ment, the deliv­ered goods remain the prop­er­ty of the provider. With your reg­is­tra­tion you accept our gen­er­al terms and conditions. ——————————————-

1.) Infor­ma­tion accord­ing to § 19 Abs 3 AStG (Alter­na­tive Dis­pute Res­o­lu­tion Act)

1.1.) The EU Com­mis­sion pro­vides an online plat­form for online dis­pute res­o­lu­tion (OS plat­form). It can be accessed under the link “http://ec.europa.eu/odr”.

1.2.) Pur­suant to Sec­tion 19 (3) of the Aus­tri­an Dis­putes Res­o­lu­tion Act (AStG), if we are unable to reach an agree­ment with the con­sumer in a dis­pute, we shall inform the con­sumer on paper or on anoth­er durable medi­um (e.g. by e‑mail) of the com­pe­tent body for alter­na­tive dis­pute res­o­lu­tion, here­inafter referred to as the AS body. At the same time, we must indi­cate whether we will par­tic­i­pate in any pro­ceed­ings. The AS-Stelle intend­ed for us: www.ombudsmann.at Arbi­tra­tion for con­sumer trans­ac­tions www.verbraucherschlichtung.or.at We par­tic­i­pate in an arbi­tra­tion procedure!

2.) Gen­er­al

2.1.) The site One Vision Acad­e­my — here­inafter referred to as “provider” — and is aimed at nat­ur­al, adult and unre­strict­ed­ly legal­ly com­pe­tent per­sons — here­inafter referred to as “cus­tomer” or “mem­ber” — for pri­vate use. Any com­mer­cial use of the offer is strict­ly pro­hib­it­ed — apart from the use options pro­vid­ed for this pur­pose by means of cor­re­spond­ing func­tions for appro­pri­ate­ly registered/identified mem­bers. The provider is pre­pared to con­clude con­tracts exclu­sive­ly on the basis of its Gen­er­al Terms and Con­di­tions (“GTC”) and express­ly refers to this in the online con­tract forms for the pur­pose of pur­chase or reg­is­tra­tion. Any gen­er­al terms and con­di­tions of the cus­tomer do not apply to the con­trac­tu­al rela­tion­ship. A reg­is­tra­tion for this offer is there­fore not pos­si­ble with­out hav­ing agreed to the terms and con­di­tions of the provider before­hand. Every cus­tomer is invit­ed at this point to down­load these GTC as well as the online con­tract form to his com­put­er or to print them out.

2.2.) Planned changes to these GTC and the date of their entry into force will be com­mu­ni­cat­ed to the cus­tomer by e‑mail to the e‑mail address pro­vid­ed (or updat­ed) dur­ing reg­is­tra­tion. Each cus­tomer may object to such changes in writ­ing (for con­tact details, see Sec­tion 5) with­in 4 weeks of noti­fi­ca­tion. If no objec­tion is received from the cus­tomer with­in this peri­od, this shall be deemed to be con­sent. In the event of an objec­tion by the Cus­tomer, the Gen­er­al Terms and Con­di­tions last effec­tive (pri­or to amend­ment) shall con­tin­ue to apply unchanged to the ongo­ing con­trac­tu­al rela­tion­ship between the object­ing Cus­tomer and the Provider. The Provider shall draw the Customer’s atten­tion to the sig­nif­i­cance of its con­duct accord­ing­ly in its noti­fi­ca­tion. In addi­tion, the Provider shall, if nec­es­sary, ter­mi­nate an unlim­it­ed con­trac­tu­al rela­tion­ship with the object­ing cus­tomer with­in the spec­i­fied peri­od or make a future (sub­se­quent) pur­chase or the pur­chase of new rate mod­els depen­dent on accep­tance of the cur­rent terms and conditions.

2.3.) Con­tract lan­guage is the Ger­man lan­guage. Regard­ing the trans­la­tions of the web­site, GTC and online con­tract forms pub­lished by One Vision Acad­e­my, only the Ger­man ver­sion is bind­ing in case of lin­guis­tic ambi­gu­i­ties or oth­er cas­es of doubt.

3.) Prod­uct descrip­tion, mem­ber­ship, upgrade, add-on and sub­scrip­tion models

3.1.) Prod­uct description

3.1.1.)

With this offer, the Provider pro­vides reg­is­tered cus­tomers — in accor­dance with the mem­ber­ship and rate mod­el — with a wide vari­ety of enter­tain­ment options, such as videos of high qual­i­ty, part­ly inter­ac­tive con­tent (e.g., audio­vi­su­al con­tent and pho­tos) on demand and ongo­ing infor­ma­tion. Atten­tion: A down­load of con­tent is gen­er­al­ly (regard­less of mem­ber­ship and tar­iff mod­el) only part of the con­tract if explic­it­ly marked as a down­load but­ton! ATTENTION: The provider reserves the right to coop­er­ate with oth­er sites to improve the offer. Con­tents in the mem­ber area of a sep­a­rate reg­is­tra­tion / a sep­a­rate pur­chase process are not part of the gegen­ständl­ci­hen offer and can be used this con­tent under the sep­a­rate and inde­pen­dent reg­is­tra­tion / pur­chase sep­a­rate­ly iden­ti­fied con­di­tions. The Provider does not assume any lia­bil­i­ty for the Customer’s pur­chas­es on such sites.

3.2.) Mem­ber­ship, upgrade, sub­scrip­tion models

3.2.1.)

Use of the offer requires reg­is­tra­tion by the cus­tomer. How­ev­er, the Provider reserves the right to make reg­is­tra­tion for this offer depen­dent on the pur­chase of a charge­able tar­iff mod­el con­tin­gent for cer­tain cus­tomer groups (e.g. cus­tomers of indi­vid­ual coun­tries). For reg­is­tered cus­tomers, the fol­low­ing tar­iff mod­els are there­fore gen­er­al­ly avail­able for use:

3.2.2.) Tar­iff mod­el with­out cur­rent fee/membership of a “free access

3.2.2.1.) In the case of mem­ber­ship of a “free access”, the mem­ber­ship exists as a lim­it­ed or unlim­it­ed “free” mem­ber­ship with a lim­it­ed scope of use. With regard to the customer’s costs for Inter­net use as such, ref­er­ence is made to Sec­tion 6.1. of these GTC. The ter­mi­na­tion of the mem­ber­ship of a “free access” (= deac­ti­va­tion) is made auto­mat­i­cal­ly by the sys­tem, or the cus­tomer can delete his account.

3.2.3.) Tar­iff mod­el against cur­rent fee/membership accord­ing to tar­iff model/membership

3.2.3.1.) In the case of paid mem­ber­ship (= mem­ber­ship in accor­dance with the tar­iff mod­el), the indi­vid­ual con­trac­tu­al con­di­tions are based on the tar­iff mod­el select­ed by the cus­tomer. The cus­tomer can use the con­tents includ­ed in the respec­tive tar­iff mod­el accord­ing to the tar­iff descrip­tion against pay­ment of the stat­ed cur­rent or one-time fees. With regard to the customer’s costs for Inter­net use per se, ref­er­ence is made to Sec­tion 6.1. of these GTC. Spe­cial ref­er­ence is made to the gen­er­al pro­vi­sions on charges (item 6) and late pay­ment, charge­back can­cel­la­tion (item 7)! The prices applic­a­ble to each indi­vid­ual product/subscription/member access, con­tract terms (e.g. whether the con­tract is lim­it­ed or unlim­it­ed, whether there is a min­i­mum con­tract term as well as the dura­tion of the min­i­mum con­tract term, etc.), as well as notice peri­ods and ter­mi­na­tion dates are described on the sales page and dis­played to the cus­tomer in the online con­tract form. How­ev­er, the provider is free at any time to allow its cus­tomers to pur­chase indi­vid­ual products/subscriptions/membership access at dis­count­ed con­di­tions. Note: Indi­vid­ual products/subscriptions/member access­es may include a “tri­al peri­od”. A tri­al peri­od means that the cus­tomer is giv­en the addi­tion­al option of being able to can­cel a product/subscription/membership access with­in a des­ig­nat­ed peri­od of time. The nature of the tri­al peri­od will be explained to cus­tomers both on the sales page and in the con­fir­ma­tion email sent upon pur­chase of a product/subscription/membership with a tri­al peri­od. In addi­tion to the func­tions cor­re­spond­ing to the respec­tive product/subscription/membership access, the Provider reserves the right to pro­vide indi­vid­ual addi­tion­al ser­vices for a sep­a­rate fee, even in the case of mem­ber­ship. These addi­tion­al ser­vices, which are sub­ject to a charge in addi­tion to the cur­rent or one-time charges for the cor­re­spond­ing product/subscription/membership, are spe­cial­ly marked as such and must be purchased.

3.2.4.) Upgrade model

3.2.4.1) In the case of “upgrades”, addi­tion­al ser­vices can be used against pay­ment of cur­rent or one-time charges. In this case, the ongo­ing or one-time fees payable for the addi­tion­al ser­vice are payable to the Provider in addi­tion to the fees payable accord­ing to the select­ed prod­uct or mem­ber­ship. This means that the cus­tomer must pay both the fees for his select­ed prod­uct and the fees for the addi­tion­al ser­vice to the provider on an ongo­ing basis (accord­ing to the agreed billing inter­val). In return, the cus­tomer is enti­tled to use the cor­re­spond­ing addi­tion­al ser­vice. Spe­cial ref­er­ence is made to the gen­er­al pro­vi­sions on charges (item 6) and default of pay­ment, charge­back can­cel­la­tion (item 7)! The billing inter­vals, ter­mi­na­tion dates and notice peri­ods for “Upgrades” cor­re­spond to the customer’s select­ed prod­uct. This means that “Upgrades” are to be paid at the same time as the fees for the select­ed cur­rent prod­uct or mem­ber­ship of the cus­tomer and can­cel­la­tions can be made at the same time and under the same notice peri­od as is pos­si­ble for the select­ed cur­rent mem­ber­ship of the customer.

3.2.6.) Sub­scrip­tion model

3.2.6.1.) Add-ons are addi­tion­al ser­vices for which a fee is charged, which reg­is­tered cus­tomers can pur­chase as an exten­sion to their exist­ing mem­ber­ship — inde­pen­dent of exist­ing prod­ucts or mem­ber­ships — as an inde­pen­dent addi­tion­al prod­uct. Depend­ing on their exist­ing mem­ber­ship, reg­is­tered cus­tomers may have the option to choose dif­fer­ent of these stand-alone, addi­tion­al, mem­ber­ships or prod­ucts. Spe­cial ref­er­ence is made to the gen­er­al pro­vi­sions on fees (point 6) and late pay­ment, charge­back can­cel­la­tion (point 7)! The prices, con­tract terms (e.g. whether the add-on is entered into for a lim­it­ed or unlim­it­ed peri­od, whether there is a min­i­mum con­tract term as well as the dura­tion of the min­i­mum con­tract term, etc.), as well as notice peri­ods and ter­mi­na­tion dates for unlim­it­ed “add-ons” are reg­u­lat­ed for the respec­tive add-on and are dis­played to the cus­tomer in the online con­tract form when pur­chas­ing an add-on. In addi­tion, an overview of the add-ons already pur­chased is avail­able to cus­tomers in the offer.

4.) Reg­is­tra­tion & Con­clu­sion of Contract

4.1.) The reg­is­tra­tion pos­si­ble on One Vision Acad­e­my and the prod­ucts and mem­ber­ships offered to reg­is­tered cus­tomers are not already legal­ly bind­ing offers in the sense of civ­il law. There­fore, a con­tract between the cus­tomer and the provider does not already come into exis­tence with the trans­mis­sion of the intend­ed cus­tomer data to the provider, but only through a cor­re­spond­ing dec­la­ra­tion of accep­tance by the provider (“acti­va­tion mail” or “con­fir­ma­tion mail” in the case of a paid pur­chase of online prod­ucts or mem­ber­ships or through actu­al cor­re­spon­dence by the provider (e.g. grant­i­ng of the cor­re­spond­ing access autho­riza­tion). Reg­is­tra­tion can be a pre­req­ui­site for the use of One Vision Acad­e­my and thus for a mem­ber­ship of a “free access” (point 3.2.2.), for the pur­chase of charge­able products/subscriptions/memberships. Reg­is­tra­tion can only be made online at www.derkundalinikongress.com, www.dertantrakongress.com, www.consciouskink.org, www.liebedichfrei.com, www.deryogakongress.com, www.onevision.academy by enter­ing the min­i­mum data pro­vid­ed for this pur­pose. It is pro­hib­it­ed to choose a user name that includes an e‑mail address and/or tele­phone num­ber and/or domain or is sim­i­lar to such data (e.g. “four­teen hun­dred and twelve”).

4.2.) Delib­er­ate mis­rep­re­sen­ta­tion, espe­cial­ly dur­ing reg­is­tra­tion, pur­chase, as well as unau­tho­rized use of the offer will be pros­e­cut­ed under crim­i­nal and civ­il law and enti­tle the provider, among oth­er things, to extra­or­di­nary termination.

4.4.) A con­tract is always con­clud­ed under inclu­sion of the terms and con­di­tions of the provider.

5.) Notes on the right of withdrawal/cancellation

5.1.) +++++++++ Right of with­draw­al You have the right to with­draw from this con­tract with­in four­teen days with­out giv­ing any rea­son. The with­draw­al peri­od is four­teen days from the day of the con­clu­sion of the con­tract. To exer­cise your right of with­draw­al, you must send us One Vision Acad­e­my Ingrid Nie­der­mayr Address: Stein­gasse 6a, 4020 Linz EMailAd­dress: ingrid@onevision.academy Phone: +436645377750 by means of a clear dec­la­ra­tion (e.g. a let­ter sent by mail, fax or e‑mail) about your deci­sion to revoke this con­tract. For this pur­pose, you may use the enclosed sam­ple revo­ca­tion form, which, how­ev­er, is not manda­to­ry. In order to com­ply with the with­draw­al peri­od, it is suf­fi­cient that you send the noti­fi­ca­tion of the exer­cise of the right of with­draw­al before the expiry of the with­draw­al period.

Con­se­quences of the revocation

If you revoke this con­tract, we shall reim­burse you all pay­ments we have received from you, includ­ing deliv­ery costs (with the excep­tion of addi­tion­al costs result­ing from the fact that you have cho­sen a type of deliv­ery oth­er than the most favor­able stan­dard deliv­ery offered by us), with­out undue delay and no lat­er than with­in four­teen days from the day on which we received the noti­fi­ca­tion of your revo­ca­tion of this con­tract. For this repay­ment, we will use the same means of pay­ment that you used for the orig­i­nal trans­ac­tion, unless express­ly agreed oth­er­wise with you; in no case will you be charged any fees because of this repayment.

Spe­cial pro­vi­sions for the deliv­ery of dig­i­tal con­tent (down­loads & access to mem­ber areas)

Excep­tion to the right of revo­ca­tion: You have no right of revo­ca­tion for the deliv­ery of dig­i­tal con­tent (down­loads and access to mem­ber areas), because we — with your express con­sent, com­bined with the knowl­edge of the loss of the right of revo­ca­tion in the event of ear­ly com­mence­ment with the per­for­mance of the con­tract and after the pro­vi­sion of a copy or con­fir­ma­tion in accor­dance with § 7 para 3 FAGG — still begin with the per­for­mance before the expiry of the oth­er­wise exist­ing revo­ca­tion peri­od. Pur­suant to Sec­tion 7 (3) FAGG, a con­fir­ma­tion of the con­clud­ed con­tract shall be pro­vid­ed to you by e‑mail with­in a rea­son­able peri­od of time after the con­clu­sion of the con­tract, but no lat­er than before the com­mence­ment of the per­for­mance of the ser­vice, togeth­er with the infor­ma­tion spec­i­fied in Sec­tion 4 (1) FAGG, unless this infor­ma­tion has already been pro­vid­ed to you on a durable data car­ri­er (Usb stick). In any case, the con­tract con­fir­ma­tion con­tains a con­fir­ma­tion of your con­sent to the imme­di­ate per­for­mance of the ser­vice and your knowl­edge of the there­by effect­ed lapse of the right of with­draw­al (right of can­cel­la­tion). In the event that you do not receive an order con­fir­ma­tion with login data, it is your oblig­a­tion to check the spam fold­er and add the email address info@onevision.academy to your white list or address book, so that prop­er deliv­ery can take place. You are not enti­tled to a refund if emails sent by us do not arrive in your email inbox. How­ev­er, we are hap­py to resend the cre­den­tials. If you have request­ed that the ser­vices begin dur­ing the can­cel­la­tion peri­od, you must pay us a rea­son­able amount cor­re­spond­ing to the pro­por­tion of the ser­vices already pro­vid­ed up to the time you noti­fy us of the exer­cise of the right of can­cel­la­tion with respect to this con­tract, com­pared to the total scope of the ser­vices pro­vid­ed for in the contract.

End of the can­cel­la­tion policy +++++++++

5.2.) Sam­ple withdrawal/cancellation form 5.2.1.) If you wish to can­cel the con­tract, please fill out and return this form.

One Vision Acad­e­my Ingrid Nie­der­mayr, address: Stein­gasse 6a, 4020 Linz EMailAdresse:ingrid@onevision.academy Phone: +436645377750

I/we (*) here­by revoke the con­tract con­clud­ed by me/us (*) for the pur­chase of the fol­low­ing goods (*)/provision of the fol­low­ing ser­vice (*). — Ordered on (*)/received on (*) ____________________ — Name of consumer(s) ____________________ — Address of consumer(s) ____________________ ____________________ Place, date ____________________ Sig­na­ture ———- (*) Delete as applicable.

6.) Charges

6.1,) Terms of pay­ment The cus­tomer has only the fol­low­ing options for pay­ment: advance trans­fer , direct deb­it , pay­ment ser­vice provider (Pay­Pal) , cred­it card . Oth­er pay­ment meth­ods are not offered and will be reject­ed. The invoice amount is to be trans­ferred in advance after receipt of the invoice, which con­tains all the details for the trans­fer and is sent by email, to the account spec­i­fied there­in. The invoice amount will be col­lect­ed by the provider by direct deb­it on the basis of the direct deb­it autho­riza­tion by the cus­tomer from his spec­i­fied account. If a trustee service/payment ser­vice provider is used, the trustee service/payment ser­vice provider shall enable the Provider and the Cus­tomer to process the pay­ment between them­selves. In doing so, the escrow service/payment ser­vice provider for­wards the customer’s pay­ment to the provider. Fur­ther infor­ma­tion is avail­able on the web­site of the respec­tive escrow service/payment ser­vice provider. When pay­ing by cred­it card, the cus­tomer must be the card­hold­er. The cred­it card will be charged after the goods have been shipped. The cus­tomer is oblig­ed to pay or trans­fer the stat­ed amount to the account indi­cat­ed on the invoice with­in 14 days after receipt of the invoice. The pay­ment is due from the date of the invoice with­out deduc­tion. After expi­ra­tion of the pay­ment peri­od, which is thus deter­mined by cal­en­dar, the cus­tomer is in default even with­out a reminder. A right of reten­tion of the cus­tomer, which is not based on the same con­trac­tu­al rela­tion­ship, is exclud­ed. The set-off with claims of the cus­tomer is exclud­ed, unless these are undis­put­ed or legal­ly determined.

Cred­it card With the sub­mis­sion of the order, you simul­ta­ne­ous­ly trans­mit your cred­it card data to us. After your legit­i­ma­tion as a legit­i­mate card­hold­er, we will request your cred­it card com­pa­ny to ini­ti­ate the pay­ment trans­ac­tion imme­di­ate­ly after the order. The pay­ment trans­ac­tion is auto­mat­i­cal­ly car­ried out by the cred­it card com­pa­ny and your card is charged.

Pay­Pal In the order­ing process, you will be redi­rect­ed to the web­site of the online provider Pay­Pal. In order to pay the invoice amount via Pay­Pal, you must be reg­is­tered there or reg­is­ter first, legit­imize with your access data and con­firm the pay­ment instruc­tion to us. After sub­mit­ting the order in the store, we request Pay­Pal to ini­ti­ate the pay­ment trans­ac­tion. The pay­ment trans­ac­tion is car­ried out auto­mat­i­cal­ly by Pay­Pal imme­di­ate­ly after­wards. You will receive fur­ther instruc­tions dur­ing the order process.

Pay­Pal Plus As part of the pay­ment ser­vice Pay­Pal Plus, we offer var­i­ous pay­ment meth­ods as Pay­Pal ser­vices. You will be redi­rect­ed to the web­site of the online provider Pay­Pal. There you can enter your pay­ment details, con­firm the use of your data by Pay­Pal and the pay­ment instruc­tion to Pay­Pal. If you have cho­sen the Pay­Pal pay­ment method, in order to pay the invoice amount, you must be reg­is­tered there or reg­is­ter first and legit­imize your­self with your access data. The pay­ment trans­ac­tion is car­ried out auto­mat­i­cal­ly by Pay­Pal imme­di­ate­ly after con­fir­ma­tion of the pay­ment instruc­tion. You will receive fur­ther instruc­tions dur­ing the order­ing process. If you have cho­sen the pay­ment method cred­it card, you do not need to be reg­is­tered with Pay­Pal to pay the invoice amount. The pay­ment trans­ac­tion is car­ried out imme­di­ate­ly after con­fir­ma­tion of the pay­ment instruc­tion and after your legit­i­ma­tion as a legal card­hold­er by your cred­it card com­pa­ny at the request of Pay­Pal and your card is charged. You will receive fur­ther instruc­tions dur­ing the order­ing process. If you have cho­sen the pay­ment method

Direct deb­it, you do not need to be reg­is­tered with Pay­Pal to pay the invoice amount. With con­fir­ma­tion of the pay­ment instruc­tion you give Pay­Pal a direct deb­it man­date. You will be informed by Pay­Pal about the date of the account deb­it (so-called preno­ti­fi­ca­tion). By sub­mit­ting the direct deb­it man­date imme­di­ate­ly after con­fir­ma­tion of the pay­ment instruc­tion, Pay­Pal requests its bank to ini­ti­ate the pay­ment trans­ac­tion. The pay­ment trans­ac­tion is car­ried out and your account is deb­it­ed. You will receive fur­ther instruc­tions dur­ing the order­ing process. If you have cho­sen the pay­ment method invoice, you do not need to be reg­is­tered with Pay­Pal to pay the invoice amount. After suc­cess­ful address and cred­it check and sub­mis­sion of the order, we assign our claim to Pay­Pal. In this case, you can only pay Pay­Pal with debt-dis­charg­ing effect. For pay­ment pro­cess­ing via Pay­Pal apply — in addi­tion to our terms and con­di­tions — the terms and con­di­tions and pri­va­cy pol­i­cy of Pay­Pal. Fur­ther infor­ma­tion and the com­plete terms and con­di­tions of Pay­Pal for the pur­chase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

SOFORT Über­weisung After sub­mit­ting the order, you will be redi­rect­ed to the web­site of the online provider SOFORT Über­weisung. In order to be able to pay the invoice amount via SOFORT Über­weisung, you must have an online bank­ing account with PIN/TAN pro­ce­dure that is acti­vat­ed for par­tic­i­pa­tion in SOFORT Über­weisung, you must legit­imize your­self accord­ing­ly and con­firm the pay­ment instruc­tion to us. You will receive fur­ther instruc­tions dur­ing the order process. The pay­ment trans­ac­tion will be car­ried out imme­di­ate­ly after­wards by SOFORT Über­weisung and your account will be debited.

Giro­pay After sub­mit­ting the order, you will be redi­rect­ed to the web­site of your bank. In order to pay the invoice amount via Giro­pay, you must have an online bank­ing account with PIN/TAN pro­ce­dure that has been acti­vat­ed for par­tic­i­pa­tion in Giro­pay, iden­ti­fy your­self accord­ing­ly and con­firm the pay­ment instruc­tion to us. You will receive fur­ther instruc­tions dur­ing the order process. The pay­ment trans­ac­tion will be car­ried out imme­di­ate­ly after­wards and your account will be debited.

6.2.) Prices and Pay­ment Infor­ma­tion Prod­uct, Mem­ber Area, Sub­scrip­tion, Upgrade and Add-On Models

6.2.1.) The applic­a­ble fee pro­vi­sions for each prod­uct or mem­ber area, includ­ing the avail­able billing inter­vals, are shown to the cus­tomer online, in the rate descrip­tion pri­or to the pur­chase for the prod­uct. The cus­tomer can choose from the pay­ment meth­ods offered (e.g., by cred­it card or elec­tron­ic direct deb­it) and will be assist­ed in the pay­ment process via online con­tract forms in accor­dance with his selec­tion. The trans­mis­sion of data to the provider takes place via a secure con­nec­tion. For indi­vid­ual addi­tion­al ser­vices pro­vid­ed in addi­tion to prod­ucts for a sep­a­rate fee, the prices and pay­ment infor­ma­tion shown sep­a­rate­ly apply. These extra charge­able addi­tion­al ser­vices are spe­cial­ly marked for the cus­tomer in the offer.

6.2.2.) Billing inter­vals reg­u­late the due date of the charges, i.e. the points in time at which the Cus­tomer must (respec­tive­ly) pay the agreed (pos­si­bly peri­od­i­cal­ly recur­ring) charge. The billing inter­vals are shown for the indi­vid­ual prod­ucts or sub­scrip­tions. Spec­i­fied billing inter­vals are cal­cu­lat­ed in each case — begin­ning with the con­clu­sion of the con­tract. The charge (deb­it, etc.) for a billing inter­val shall be made in advance (at the begin­ning of the billing inter­val) as a total amount with­out deduc­tion, unless the charge (deb­it, etc.) to the cus­tomer has been agreed oth­er­wise in the descrip­tion. Exam­ple: If an unlim­it­ed product/subscription with a billing inter­val of 1 month is select­ed, this means that the ongo­ing charges (also referred to as “mem­ber­ship fee”), start­ing with the con­clu­sion of the con­tract, are due each month in advance and — unless there is a devi­at­ing agree­ment regard­ing the deb­it­ing — are debited/collected month­ly in advance. If there is a “tri­al peri­od” for an unlim­it­ed product/subscription (= addi­tion­al option for the cus­tomer to be able to can­cel his unlim­it­ed product/subscription on terms with­in a des­ig­nat­ed peri­od), the tri­al peri­od shall also con­sti­tute the first one-time devi­at­ing billing inter­val for the unlim­it­ed product/subscription. Exam­ple: If an unlim­it­ed product/subscription with a tri­al peri­od of 2 days and a stan­dard inter­val of 30 days is select­ed, the first fee for 2 days shall be due and payable in advance upon con­clu­sion of the con­tract and the sub­se­quent fees — pro­vid­ed that no cor­re­spond­ing ter­mi­na­tion takes place with­in the tri­al peri­od — shall be due and payable every 30 days start­ing at the end of the tri­al period.

6.2.3.) In the event of an increase in the statu­to­ry val­ue added tax, the Provider shall be enti­tled to adjust its prices accord­ing­ly — at the ear­li­est with effect for the next billing inter­val. The same applies if manda­to­ry expens­es for the Provider’s ful­fill­ment of the con­tract (e.g. prime costs for host­ing or traf­fic) should increase with­out the price increase being based on rea­sons attrib­ut­able to the Provider. Each cus­tomer will be noti­fied of a price increase at least 2 weeks before the start of the next billing inter­val, so that it is pos­si­ble for the cus­tomer to give notice (“ordi­nary”) in good time before­hand, if nec­es­sary. Con­verse­ly, the Provider is oblig­ed to pass on a cor­re­spond­ing tax or cost reduc­tion to its customers.

6.2.4.) Reser­va­tions:

The Provider reserves the right not to pro­vide the promised ser­vice in the event of its unavailability.

7.) Delay of Pay­ment, Charge­backs & Cancellations

7.1.) Can­cel­la­tions and chargebacks

7.1.1.) The cus­tomer under­takes to pay all costs incurred as a result of book­ings that are not hon­ored (due to lack of funds or for oth­er rea­sons for which the cus­tomer is respon­si­ble) or that are wrong­ful­ly can­celled by the cus­tomer. These costs con­sist of set­tle­ment and clear­ing fees as well as can­cel­la­tion fees, which are charged to the Provider by the bank, the cred­it card com­pa­ny or the oth­er­wise involved set­tle­ment ser­vice provider (due to the cancellation/back post­ing caused by the Cus­tomer), and their amount depends on the respec­tive form of pay­ment used as well as the bank involved (cred­it card company/settlement ser­vice provider), which is why they can amount to between EUR 9 and EUR 60.

7.2.) Noti­fi­ca­tion

7.2.1.) In the event of a delay in pay­ment, a can­cel­la­tion for which the Cus­tomer is respon­si­ble, a charge­back for lack of funds from the Customer’s account or a charge­back by the Customer’s bank, the Cus­tomer con­cerned shall first be noti­fied accord­ing­ly by the Provider, set­ting a rea­son­able grace peri­od specif­i­cal­ly indi­cat­ed in the pay­ment reminders/reminder let­ters. If the cus­tomer does not set­tle his pay­ment arrears with­in the peri­od stat­ed in this mes­sage or does not react to the chargeback/cancellation mes­sage or noti­fi­ca­tion, the pro­ce­dure will be as per point 7. By reg­is­ter­ing, you agree that the provider and/or ser­vice providers com­mis­sioned by the provider may con­tact you in writ­ing, by tele­phone, SMS or e‑mail regard­ing account infor­ma­tion and reminders. This con­sent can be revoked at any time. One Vision Acad­e­my Ingrid Nie­der­mayr, Address: Stein­gasse 6a, 4020 Linz Phone: +436645377750

7.3.) Reminder, col­lec­tion, legal pro­ceed­ings & inter­est on arrears

7.3.1.) The Provider shall be enti­tled to charge the Cus­tomer the nec­es­sary and appro­pri­ate admin­is­tra­tive reminder fees in the amount of EUR 12.00 for each reminder issued after noti­fi­ca­tion pur­suant to Sec­tion 7.2. The cus­tomer is express­ly informed that the provider reserves the right to hand over the pur­suit of the claim to a col­lec­tion agency or a lawyer already after the first reminder. If the cus­tomer, despite noti­fi­ca­tion accord­ing to point 7.2, does not meet his pay­ment oblig­a­tions with­in the set grace peri­od, he has to pay inter­est on arrears in the amount of 12% per annum. (annu­al­ly; the amount is sub­ject to the judi­cial right of mod­er­a­tion) from the fruit­less expiry of the grace peri­od as well as the actu­al expens­es incurred and nec­es­sary for the appro­pri­ate out-of-court col­lec­tion, inso­far as these are in rea­son­able pro­por­tion to the claim pur­sued. The Cus­tomer acknowl­edges that the costs incurred and to be borne by him/her depend on the amount of the out­stand­ing claim on the one hand, and on the col­lec­tion mea­sures nec­es­sary to pur­sue the claim on the oth­er hand, and there­fore can­not be deter­mined in advance and glob­al­ly at this point; for Aus­tria, the cor­re­spond­ing tar­iff pro­vi­sions for col­lec­tion agen­cies and the involve­ment of a lawyer issued by law or by ordi­nance can be viewed in the Fed­er­al Legal Infor­ma­tion Sys­tem (http://www.ris.bka.gv.at/bundesrecht/). The Provider or the col­lec­tion agency/lawyer engaged in the spe­cif­ic case of default shall noti­fy the Cus­tomer of the costs incurred, item­ize them and, upon request, pro­vide such infor­ma­tion and legal bases as the Cus­tomer may require for check­ing the costs demand­ed. If the cus­tomer cul­pa­bly defaults on the ful­fill­ment of a due pay­ment oblig­a­tion, he shall be oblig­at­ed to com­pen­sate the default inter­est in the statu­to­ry amount as well as to com­pen­sate the nec­es­sary costs of expe­di­ent out-of-court enforce­ment or col­lec­tion mea­sures, inso­far as these are in a rea­son­able rela­tion­ship to the claim pursued.

7.4.) Oth­er con­se­quences of default

7.4.1.) If a cus­tomer does not ful­fill his pay­ment oblig­a­tion despite a request and set­ting of a grace peri­od of at least 2 weeks, the provider is enti­tled, but not oblig­at­ed, to ter­mi­nate the con­tract (= the mem­ber­ship of the default­ing cus­tomer). The Provider shall also be enti­tled to with­hold fur­ther ser­vices in accor­dance with the rel­e­vant statu­to­ry pro­vi­sions until the con­sid­er­a­tion owed by the Cus­tomer has been pro­vid­ed. In par­tic­u­lar, all ser­vices and con­tent asso­ci­at­ed with the mem­ber­ship may be frozen for the dura­tion of the pay­ment arrears. Non-com­pli­ance with the customer’s oblig­a­tions in no way releas­es the cus­tomer from his pay­ment oblig­a­tions! In case of pay­ment arrears, the cus­tomer may fur­ther­more be denied the pur­chase of fur­ther paid subscriptions/products/membership access.

8.) Ordi­nary and extra­or­di­nary termination

8.1.) Express ref­er­ence is made to the reg­u­la­tions on ter­mi­na­tion peri­ods and dates for unlim­it­ed tar­iff mod­els in the respec­tive tar­iff descrip­tion. 8.2.) Ordi­nary termination

8.2.1.) Ter­mi­na­tion shall be pos­si­ble in writ­ing (with­in the mean­ing of § 886 ABGB) by both con­tract­ing par­ties with­out stat­ing reasons.

8.2.2.) The cus­tomer can can­cel his product/subscription to the provider either by post or by email One Vision Acad­e­my Ingrid Nie­der­mayr, address: Stein­gasse 6a, 4020 Linz EMailAdresse:ingrid@onevision.academy in com­pli­ance with the notice peri­ods pro­vid­ed in the product/subscription.

8.2.3.) Cus­tomers may ter­mi­nate the mem­ber­ship of a “free access” (= deac­ti­va­tion) at any time with­out observ­ing a peri­od of notice or a ter­mi­na­tion date.

8.2.4.) Cus­tomers have the option to ter­mi­nate their mem­ber­ship direct­ly in their account. The notice peri­ods depend on the select­ed product/subscription/membership access and are shown online pri­or to pur­chase. Note: Infor­ma­tion on the applic­a­ble can­cel­la­tion peri­ods and dates will also be pro­vid­ed to the cus­tomer in the con­fir­ma­tion e‑mail. For the can­cel­la­tion, the cus­tomer may require the fol­low­ing data (can be tak­en from the con­fir­ma­tion e‑mail, can be sent again upon writ­ten request to the customer’s reg­is­tered e‑mail address), which are nec­es­sary for the iden­ti­fi­ca­tion of the customer:

Mem­ber­ship-Key
E‑mail address of the cus­tomer (under which the cus­tomer is registered)

Note: The char­ac­ter­is­tic of “writ­ten form (in the sense of § 886 ABGB) is nat­u­ral­ly not pos­si­ble in the case of an online ter­mi­na­tion and is replaced here by per­son­al key data (e.g. per­son­al access data, as well as the IP address).

8.2.5.) In the case of ter­mi­na­tion by mail or email, the customer’s notice of ter­mi­na­tion must be signed by the cus­tomer and con­tain information/data essen­tial for its assign­ment. These data can be, among others:

Name of the cus­tomer
the e‑mail address used when the con­tract was con­clud­ed
the user name used when con­clud­ing the con­tract
offer (web­site)
product/subscription or mem­ber access which is cancelled

8.2.6.) We rec­om­mend every cus­tomer to keep a proof of deliv­ery of his notice of ter­mi­na­tion for evi­dence purposes.

8.2.7.) If a tri­al peri­od exists for an unlim­it­ed product/subscription, the cus­tomer has the addi­tion­al option to ter­mi­nate the con­tract with­in the tri­al peri­od at the end of the tri­al peri­od. Time­ly ter­mi­na­tion with­in the tri­al peri­od means that a notice of ter­mi­na­tion must be received by the Provider with­in the tri­al peri­od. If the notice of ter­mi­na­tion is not received in time, the ter­mi­na­tion will be effec­tive as of the next ter­mi­na­tion date (accord­ing to the product/subscription). Note: For a time­ly ter­mi­na­tion with­in the desired “tri­al peri­od”, it is there­fore rec­om­mend­ed to use the online ter­mi­na­tion in the mem­ber area of the provider’s website.

8.3.) Extra­or­di­nary termination

8.3.1.) The right to imme­di­ate extra­or­di­nary ter­mi­na­tion for good cause (= “ter­mi­na­tion with­out notice”) shall remain unaf­fect­ed for both con­trac­tu­al part­ners. Upon extra­or­di­nary ter­mi­na­tion, all claims and receiv­ables aris­ing from the con­trac­tu­al rela­tion­ship shall become due immediately.

8.3.2.) Rea­sons that enti­tle the provider to imme­di­ate­ly block the customer’s account (= the customer’s access to the mem­ber area) as well as to ter­mi­nate the con­tract are in particular

false or ille­gal infor­ma­tion dur­ing reg­is­tra­tion
mis­use of the ser­vices pro­vid­ed (e.g. send­ing spam, attempt­ing to poach oth­er cus­tomers)
pass­ing on of access data to third par­ties
Cre­ation of ille­gal con­tent in the pro­vid­ed ser­vices
Impair­ment of or dam­age to the func­tion­al­i­ty of the offer, even in part
Default of pay­ment by the cus­tomer (e.g. as a result of can­cel­la­tion or charge­back of fees owed) despite request for pay­ment and set­ting of a rea­son­able grace peri­od of at least 2 weeks
despite warn­ing repeat­ed or such seri­ous one-time oth­er (not cov­ered by the above points) vio­la­tion of the terms and con­di­tions, so that the provider is unrea­son­able to adhere to the con­tract (eg spread­ing viruses)

9.) Cus­tomer oblig­a­tions, con­tents & lia­bil­i­ty of the customer

9.1.) Duty to inform

9.1.1.) The Cus­tomer shall truth­ful­ly dis­close or pro­vide the Provider with all data and infor­ma­tion required by the Provider on the occa­sion of reg­is­tra­tion, in the course of a pur­chase of products/subscriptions/membership accounts sub­ject to a charge, includ­ing billing there­of, as well as for noti­fi­ca­tion and main­te­nance of security.

9.1.2.) The Cus­tomer shall imme­di­ate­ly noti­fy the Provider in writ­ing of any changes to the data pro­vid­ed by him upon con­clu­sion of the con­tract, in par­tic­u­lar his name, address, e‑mail address, tele­phone num­ber and bank or cred­it card details for the pur­pose of billing the fees. This shall also apply mutatis mutan­dis to the loss of his legal capac­i­ty, inso­far as this is still pos­si­ble for the cus­tomer at this time.

9.1.3.) If the cus­tomer does not dis­close a change of address and there­fore does not receive legal­ly sig­nif­i­cant dec­la­ra­tions of the Provider sent to the address last dis­closed by him, in par­tic­u­lar notices of ter­mi­na­tion or invoic­es, the dec­la­ra­tions shall nev­er­the­less be deemed to have been received.

9.1.4.) The Provider is enti­tled to send legal­ly sig­nif­i­cant dec­la­ra­tions to the Cus­tomer by e‑mail. These dec­la­ra­tions sent to the Cus­tomer by e‑mail shall be deemed to have been received as soon as they have arrived on the Customer’s e‑mail serv­er and the Cus­tomer can retrieve them under nor­mal cir­cum­stances. If a Cus­tomer does not dis­close the change or dele­tion of his e‑mail address, which he has noti­fied to the Provider, and there­fore dec­la­ra­tions sent by the Provider to the e‑mail address last noti­fied by him are not received, these dec­la­ra­tions shall nev­er­the­less be deemed received.

9.1.5.) False state­ments or the non-ful­fill­ment of men­tioned infor­ma­tion duties can result in civ­il and crim­i­nal con­se­quences (e.g. claims for dam­ages, charges of sus­pect­ed fraud, con­trac­tu­al penalty)!

9.2.) Oblig­a­tion to main­tain con­fi­den­tial­i­ty of mem­ber­ship data & pro­hi­bi­tion of trans­fer of use to third parties

9.2.1.) Every cus­tomer has to keep the data of his con­fir­ma­tion mail, espe­cial­ly user­name, pass­word, secret and to ensure for his sphere that these mem­ber­ship data will not be acces­si­ble to any third par­ty. The cus­tomer is liable for actions tak­en using his access data if he pass­es them on to third par­ties or if they have become known to third par­ties through his fault, e.g. by keep­ing these data care­less­ly (with­out pre­cau­tions against unau­tho­rized access).

9.2.2.) In the event of “mul­ti­ple use of a charge­able product/subscription or mem­ber access” (by dif­fer­ent per­sons using the customer’s pass­word, etc.), the Provider reserves the right to charge for the result­ing loss of payment.

9.2.3.) Every cus­tomer is oblig­ed to inform the provider imme­di­ate­ly about any mis­use of his user­name and pass­word as well as about any oth­er vio­la­tion of secu­ri­ty reg­u­la­tions, espe­cial­ly in case of sus­pi­cion that his mem­ber­ship data could have come to the knowl­edge of third parties.

9.3.) Usage behav­ior includ­ing pro­hi­bi­tion of advertising

9.3.1.) Every cus­tomer is pro­hib­it­ed from vio­lat­ing legal pro­vi­sions, the rights of third par­ties, these Gen­er­al Terms and Con­di­tions as well as “good morals” in the course of using the present offer. The rules of the game are to be observed. Express ref­er­ence is made to the con­trac­tu­al penal­ty (item 12).

9.3.2.) No virus­es, Tro­jan hors­es, worms, time bombs, can­cel­bots or oth­er data, pro­gram rou­tines or con­tent that could cause dam­age to the soft­ware or hard­ware of the Provider, its cus­tomers or third par­ties may be trans­mit­ted or dis­trib­uted to or via the Inter­net site.

 

9.3.3.) Procur­ing, tol­er­at­ing and using unau­tho­rized access to the offer and bypass­ing secu­ri­ty bar­ri­ers con­sti­tute a breach of con­tract and may be sub­ject to crim­i­nal and civ­il prosecution.

9.3.4.) Cus­tomers are pro­hib­it­ed from adver­tis­ing their own offers and/or oth­er providers when using this offer, even if the offers adver­tised relate to a dif­fer­ent indus­try (e.g. adver­tis­ing a phar­ma­ceu­ti­cal prod­uct, etc.). In par­tic­u­lar, it is pro­hib­it­ed to solic­it or attempt to solic­it cus­tomers, employ­ees, speak­ers, mod­er­a­tors or inter­view part­ners of the provider.

9.4.) Tech­ni­cal principles

9.4.1.) Each cus­tomer is respon­si­ble for the pro­vi­sion and con­fig­u­ra­tion of an Inter­net con­nec­tion, com­put­ers and oth­er com­mu­ni­ca­tion tech­nol­o­gy devices, their soft­ware and/or plug-ins, which are required in order to gain access to the offer and/or to be able to call up the con­tents and/or use the ser­vices fully.

9.4.2.) When deac­ti­vat­ing func­tions that are stan­dard on the Inter­net, such as cook­ies, Java and Javascript, as well as when using fire­walls and adver­tis­ing and pop-up block­ers, prob­lems may occur when using the offer! In most cas­es these prob­lems can be solved by the cus­tomer cor­rect­ing his sys­tem set­tings with the help pages provided.

9.5.) Oblig­a­tion of the cus­tomer to the lia­bil­i­ty release

9.5.1.) Each cus­tomer agrees to indem­ni­fy (hold harm­less) the provider (and its vic­ar­i­ous agents) from any claims of third par­ties or gov­ern­men­tal author­i­ties, which are raised due to data, files and/or con­tent, which the respec­tive cus­tomer ille­gal­ly enters, pub­lish­es or transmits/uploads with­in the scope of the offer. This shall also apply mutatis mutan­dis to all oth­er cas­es in which a cus­tomer is respon­si­ble for a vio­la­tion of legal pro­vi­sions, third par­ty rights and/or these GTC as well as “good morals” and claims/claims are made against the provider on the basis of this (e.g. no-fault cease-and-desist claim of a third par­ty against the provider due to vio­la­tion of copy­rights and/or relat­ed prop­er­ty rights or send­ing of unso­licit­ed e‑mail adver­tis­ing by a cus­tomer, etc.). This also includes a duty to com­pen­sate for rea­son­able attorney’s fees.

9.6.) Con­tents of the cus­tomer 9.6.1.) The Provider is not oblig­at­ed to review the data, files and con­tent trans­mit­ted by the Cus­tomer and stored by the Provider in accor­dance with the order and made avail­able to the pub­lic online and accord­ing­ly does not per­form any con­tent review. The provider is there­fore in prin­ci­ple not respon­si­ble for (“uploaded”) data, files and con­tent orig­i­nat­ing from the cus­tomer. How­ev­er, the Provider shall take imme­di­ate action and remove data, files and con­tent or make access to them impos­si­ble, if nec­es­sary by block­ing the Cus­tomer respon­si­ble for the upload, if it actu­al­ly becomes aware of the ille­gal­i­ty of the data, files and con­tent orig­i­nat­ing from the Cus­tomer or the Provider becomes aware of facts/circumstances from which such ille­gal­i­ty is obvious.

9.6.2.) Each cus­tomer is oblig­at­ed to com­ply with legal pro­vi­sions, these Gen­er­al Terms and Con­di­tions includ­ing the “Rules of the Game” and “Good Morals” as well as to pro­tect the rights of third par­ties. It is the customer’s respon­si­bil­i­ty to ensure before upload­ing data, files and con­tent that their stor­age and dis­tri­b­u­tion do not

infringe­ment of the indus­tri­al prop­er­ty rights of third par­ties
impair­ment of per­sons (in par­tic­u­lar defama­tion, insult, vio­la­tion of the pro­tec­tion of like­ness, etc.) includ­ing vio­la­tion of their pri­vate sphere
vio­la­tion of oth­er legal reg­u­la­tions such as crim­i­nal law includ­ing the pornog­ra­phy law and the pro­hi­bi­tion law, or also the law against unfair com­pe­ti­tion, copy­right law etc.

rep­re­sents.

9.6.3.) By upload­ing data, files and con­tent, the cus­tomer declares to have all rights, in par­tic­u­lar (but not lim­it­ed to) trade­mark rights, copy­rights, rights to use works or per­mits and oth­er autho­riza­tions required to use the rel­e­vant data, files and con­tent (such as images or videos) for the pur­pos­es of this offer, in par­tic­u­lar to pub­lish online and make available.

9.6.4.) By upload­ing data, files and con­tents, the cus­tomer grants the provider the non-exclu­sive right to make these data, files and con­tents avail­able for dis­play and retrieval world­wide on the offer in accor­dance with his subscription/product and the pur­pos­es of the offer. This right includes in par­tic­u­lar the right to store and make avail­able online as well as, if applic­a­ble, the right to edit his uploaded data, files and con­tent (e.g. reduc­tion of an image), inso­far as this should be nec­es­sary for the agreed con­trac­tu­al purposes.

10.) Min­i­mum availability

10.1.) The Provider shall pro­vide its ser­vices with the high­est pos­si­ble reli­a­bil­i­ty and avail­abil­i­ty. How­ev­er, every main­te­nance of the sys­tem and every update of the offer leads to the fact that dur­ing this time the offer is only avail­able to a lim­it­ed extent or even fails for a short time; how­ev­er, con­tin­u­ous updates of the secu­ri­ty sys­tems and renew­al of the con­tents by the provider cor­re­spond exact­ly to the inter­ests of the cus­tomers! A tem­po­ral­ly and local­ly unre­strict­ed, 100% avail­abil­i­ty of the offer is there­fore impos­si­ble and there­fore not agreed between the con­tract­ing par­ties. Instead, the con­tract­ing par­ties agree on a min­i­mum avail­abil­i­ty of the offer of 90% on an annu­al aver­age. Non-avail­abil­i­ty of the offer shall be under­stood to mean a dis­rup­tion and non-usabil­i­ty of the offer for a peri­od of 5 min­utes, which is attrib­ut­able to the provider. The Cus­tomer is fur­ther informed that the Inter­net as such — accord­ing to its nature — can be sub­ject to dis­rup­tive influ­ences out­side any sphere of influ­ence of the Provider (e.g. prob­lems with data exchange or trans­fer with­in the provider chain used by the Cus­tomer, in the event of a gen­er­al pow­er grid fail­ure, in the event of ille­gal inter­ven­tion by third par­ties, e.g. in the form of “hack­ers”, in cas­es of force majeure), the occur­rence of which is there­fore also not attrib­ut­able to the Provider. Times of such events shall there­fore not be tak­en into account when assess­ing the ful­fill­ment of the agreed min­i­mum avail­abil­i­ty of the Service.

11.) War­ran­ty & Lia­bil­i­ty of the Provider

11.1.) The cus­tomer acknowl­edges and agrees that the online train­ing and edu­ca­tion offer is main­ly con­scious­ness- and per­son­al­i­ty-devel­op­ing con­tent. The provider assumes no lia­bil­i­ty for any fail­ure to like the offer pro­vid­ed in accor­dance with the agree­ment or indi­vid­ual con­tents, instruc­tions or state­ments avail­able in the mem­ber area.

11.2.) The provider assumes no lia­bil­i­ty for dam­ages (caused by him or by per­sons for whom he is respon­si­ble — such as his vic­ar­i­ous agents — unlaw­ful­ly and cul­pa­bly), unless it is dam­age to the per­son or dam­age caused inten­tion­al­ly or by gross negligence.

12.) Block­ing, dele­tion & con­trac­tu­al penalty

12.1.) The provider is enti­tled to block a cus­tomer with­out pri­or warn­ing if the cus­tomer or a per­son attrib­ut­able to the cus­tomer (e.g. by pro­vid­ing the mem­ber­ship data) acts or fails to act in a way that enti­tles the provider to ter­mi­nate the con­tract. The cus­tomer shall not be enti­tled to any claims aris­ing from a block due to these actions!

12.2.) The Provider fur­ther reserves the right to imme­di­ate­ly delete or block ille­gal data, files and/or con­tent of a Cus­tomer if facts become known to the Provider from which the ille­gal­i­ty appears to be obvi­ous, e.g. if gov­ern­ment agen­cies or third par­ties take or threat­en to take mea­sures against the Provider (or one of its ser­vice providers/performance agents) or the rel­e­vant Cus­tomer and jus­ti­fy this with an alleged ille­gal­i­ty of the data, files and/or con­tent orig­i­nat­ing from the Customer.

12.3.) In case of cul­pa­ble vio­la­tion of these terms and con­di­tions, the Provider and the Cus­tomer agree on a con­trac­tu­al penal­ty in the amount of EUR 500,- for each fur­ther act of vio­la­tion con­tin­ued despite pri­or warn­ing (let­ter, fax or e‑mail). The provider has the right to prove that the dam­age is high­er than EUR 500,-; the cus­tomer has the right to prove that the dam­age is low­er than EUR 500,- per vio­la­tion. The con­trac­tu­al penal­ty shall become due for pay­ment upon writ­ten asser­tion of the claim, which shall also spec­i­fy the breach of con­tract. A right of the provider or cus­tomer to demand com­pen­sa­tion for dam­ages exceed­ing this amount remains unaf­fect­ed. If a cus­tomer mis­us­es the pro­vid­ed products/subscriptions or mem­ber access­es con­trary to these terms and con­di­tions in an unau­tho­rized man­ner for his own com­mer­cial pur­pos­es, the provider is enti­tled, in addi­tion to an imme­di­ate block, if the mis­use is accom­pa­nied by a not insignif­i­cant, actu­al impair­ment, with­out a pri­or warn­ing, to assert the con­trac­tu­al penal­ty in the amount of EUR 1,000 for each case of mis­use against the com­mer­cial­ly active per­son. The asser­tion of a dam­age exceed­ing this amount by the provider or the cus­tomers is not exclud­ed by this provision.

13) “Copy­right

13.1.) The offer and all con­tents pro­vid­ed there­in are only intend­ed for the pri­vate, non-com­mer­cial use of the cus­tomers. Any oth­er use is strict­ly pro­hib­it­ed. All pub­lished con­tents are pro­tect­ed by copy­right or relat­ed rights and may not be used by the Cus­tomer beyond the agree­ments made between the Cus­tomer and the Provider, in par­tic­u­lar they may not be repro­duced, dis­trib­uted, broad­cast or record­ed on car­ri­er mate­r­i­al and fur­ther marketed.

14.) Data processing

14.1.) The Provider process­es the data of its Cus­tomers in accor­dance with the data pro­cess­ing clause to which the Cus­tomer has agreed on the occa­sion of its reg­is­tra­tion. In order to exer­cise the legal rights, in par­tic­u­lar to revoke the con­sent giv­en, to delete or, if nec­es­sary, to cor­rect the data processed, cus­tomers can con­tact One Vision Acad­e­my Ingrid Nie­der­mayr, Stein­gasse 6a, 4020 Linz Phone: +436645377750.

15.) Links/Causation of dam­age by third parties

15.1.) The provider does not check oth­er web­sites with regard to con­tent and legal­i­ty, can­not influ­ence their design and dis­tances itself from any ille­gal con­tent pre­sent­ed there. Accord­ing­ly, the provider is not respon­si­ble for the con­tent and pol­i­cy of a web­site to which a link is pro­vid­ed. The use of such links to third par­ty web­sites is at the user’s own risk.

15.2.) The provider express­ly excludes any respon­si­bil­i­ty and lia­bil­i­ty for the behav­ior of third par­ties or goods, ser­vices, adver­tis­ing or oth­er con­tent offered or orig­i­nat­ing from third par­ties — unless he would have to answer for these per­sons, espe­cial­ly because they rep­re­sent vic­ar­i­ous agents of the provider (= per­sons he uses to ful­fill his con­trac­tu­al oblig­a­tions to his customers).

16.) Applic­a­ble Law

16.1.) Cus­tomers from Austria

16.1.1.) The con­trac­tu­al rela­tion­ship between the Provider and the Cus­tomer shall be gov­erned by Aus­tri­an law.

16.2.) Inter­na­tion­al consumers

16.2.1.) Aus­tri­an law shall apply to the con­trac­tu­al rela­tions with the excep­tion of the ref­er­ence stan­dards, should these refer to anoth­er legal sys­tem, as well as with the excep­tion of the UN Con­ven­tion on Con­tracts for the Inter­na­tion­al Sale of Goods as agreed. If the cus­tomer is a con­sumer with­in the mean­ing of Art. 6 of the Rome I Reg­u­la­tion, the con­trac­tu­al rela­tion­ship shall be gov­erned by the law of the coun­try in which the cus­tomer has his habit­u­al res­i­dence at the time of con­clu­sion of the con­tract. End of form Start of form End of form
Dis­claimer

Claims for dam­ages by the cus­tomer are exclud­ed, unless oth­er­wise stat­ed in the fol­low­ing. This also applies to the rep­re­sen­ta­tive and vic­ar­i­ous agents of the provider, if the cus­tomer makes claims for dam­ages against them. Exclud­ed are claims for dam­ages by the cus­tomer for injury to life, limb, health or essen­tial con­trac­tu­al oblig­a­tions, which must nec­es­sar­i­ly be ful­filled in order to achieve the objec­tive of the con­tract. Like­wise, this does not apply to claims for dam­ages after gross­ly neg­li­gent or inten­tion­al breach of duty by the provider or his legal rep­re­sen­ta­tive or agent.

Pro­hi­bi­tion of assign­ment and pledge

Claims or rights of the cus­tomer against the provider may not be assigned or pledged with­out the provider’s con­sent, unless the cus­tomer has demon­strat­ed a legit­i­mate inter­est in the assign­ment or pledge.

Lan­guage, place of juris­dic­tion and applic­a­ble law

The con­tract shall be drawn up in Ger­man. The fur­ther exe­cu­tion of the con­trac­tu­al rela­tion­ship shall be in Ger­man. Aus­tri­an law shall apply exclu­sive­ly. For con­sumers, this applies only inso­far as this does not restrict any legal pro­vi­sions of the state in which the cus­tomer has his res­i­dence or habit­u­al abode. The place of juris­dic­tion for dis­putes with cus­tomers who are not con­sumers, legal enti­ties under pub­lic law or spe­cial funds under pub­lic law is Linz.

Data pro­tec­tion In con­nec­tion with the ini­ti­a­tion, con­clu­sion, pro­cess­ing and rever­sal of a pur­chase con­tract based on these GTC, data is col­lect­ed, stored and processed by the provider. This is done with­in the frame­work of the statu­to­ry pro­vi­sions. The provider does not dis­close any per­son­al data of the cus­tomer to third par­ties, unless he would be required to do so by law or the cus­tomer has pre­vi­ous­ly giv­en his express con­sent. If a third par­ty is used for ser­vices in con­nec­tion with the han­dling of pro­cess­ing oper­a­tions, the pro­vi­sions of the Fed­er­al Data Pro­tec­tion Act shall be com­plied with. The data pro­vid­ed by the cus­tomer in the course of plac­ing an order shall be processed exclu­sive­ly for the pur­pose of con­tact­ing the cus­tomer with­in the scope of con­tract pro­cess­ing and only for the pur­pose for which the cus­tomer has pro­vid­ed the data. The data will be dis­closed only to the extent nec­es­sary to the ship­ping com­pa­ny, which takes over the deliv­ery of the goods accord­ing to the order. The pay­ment data will be passed on to the cred­it insti­tu­tion com­mis­sioned with the pay­ment. Inso­far as the provider is sub­ject to reten­tion peri­ods under com­mer­cial or tax law, the stor­age of some data may last up to ten years. Dur­ing the vis­it to the Inter­net store of the provider, anony­mous data that do not allow any con­clu­sions to be drawn about per­son­al data and do not intend to do so, in par­tic­u­lar IP address, date, time, brows­er type, oper­at­ing sys­tem and pages vis­it­ed, are logged. At the request of the cus­tomer, per­son­al data will be delet­ed, cor­rect­ed or blocked in accor­dance with the legal pro­vi­sions. Free infor­ma­tion about all per­son­al data of the cus­tomer is pos­si­ble. For ques­tions and requests for dele­tion, cor­rec­tion or block­ing of per­son­al data as well as col­lec­tion, pro­cess­ing and use, the cus­tomer can con­tact the fol­low­ing address: One Vision Acad­e­my, Ingrid Nie­der­mayr P.O. Box, 4100, Otten­sheim, +43664/5377750 ingrid@onevision.academy.

Sev­er­abil­i­ty clause

The inva­lid­i­ty of any pro­vi­sion of these GTC shall not affect the valid­i­ty of the oth­er pro­vi­sions.
Imple­men­ta­tion of the ODR Directive

Online dis­pute res­o­lu­tion pur­suant to Art. 14 (1) ODR Reg­u­la­tion The Euro­pean Com­mis­sion pro­vides a plat­form for online dis­pute res­o­lu­tion (OS), which you can find at http://ec.europa.eu/consumers/odr/.Note pur­suant to § 36 (1) No. 2 VSBG: We point out that we are gen­er­al­ly will­ing to par­tic­i­pate in dis­pute res­o­lu­tion pro­ceed­ings before a con­sumer arbi­tra­tion board. Con­sumers can con­tact the fol­low­ing con­sumer arbi­tra­tion board for this pur­pose: Gen­er­al Con­sumer Arbi­tra­tion Board of the Zen­trum für Schlich­tung e.V. Con­tact: Straßburg­er Straße 8, 77694 Kehl Tel.: +49 7851 79579 40 Fax:+49 7851 79579 41 Inter­net: www.verbraucherschlichter.de EMail: mail@verbraucherschlichter.de This arbi­tra­tion board is a ‘Gen­er­al Con­sumer Arbi­tra­tion Board’ accord­ing to § 4 para. 2 p. 2 VSBG.”