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: firstname.lastname@example.org
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!
2.1.) 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
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
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
184.108.40.206.) 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
220.127.116.11.) 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
18.104.22.168) 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
22.214.171.124.) 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: email@example.com 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 firstname.lastname@example.org 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:email@example.com 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.
6.1,) 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
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.
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.
7.2.1.) 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:firstname.lastname@example.org 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:
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
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.
9.5.) 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.
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.
13.1.) 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
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 email@example.com.
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: firstname.lastname@example.org This arbitration board is a ‘General Consumer Arbitration Board’ according to § 4 para. 2 p. 2 VSBG.”