LICENSE AGREEMENT AND TERMS OF USE
VE Vision Education GmbH
FN 462915h
c/o Impact Hub GmbH, Lindengasse 56
1070 Vienna
(For versions of the GTC in other languages, the provisions of this German version shall apply in case of doubt)
State 25 March 2021
1. PREAMBLE
A. These terms and conditions constitute a contract (hereinafter the “Agreement”) between you as a user (hereinafter the “User”) and VE Vision Education GmbH (hereinafter the “Operator”).
B. By clicking on the “Buy” button in Apple’s App Store and entering your password or Apple ID, or by clicking on the “Buy” button and entering your password in the “Google Play” Store, or by clicking on the download button on our website or by using a service / registering with a service, you as the purchaser make an offer including this agreement, which is fulfilled by the immediate start of the download or access to the service (§ 864 ABGB).
C. Third party licensees, interest groups, trainers or comparable other third parties can acquire licenses in their own name and on their own account within the framework of their own license agreement in order to obtain activation codes. With these, the user can unlock functions of the App and other offers of the operator. The relationship between the third party licensee and the operator does not give rise to any independent claim or obligation on the part of the user of this contract.
D. The user will be informed about data protection aspects in our data protection notice, the current version of which can be downloaded at any time from learnmatch.net/data protection or net/enterprise-agbadv-dsr/ (for third party license agreements of institutions, companies and other third parties).
2. DEFINITIONS OF TERMS:
2.1 App, online platform, services
The operator provides a program (“App”) for Apple iOS and Google Android and, if applicable, an online platform or applications for browsers and other services as infrastructure, which supports the learning of languages and knowledge management.
2.2 Service (or “service”)
As a service (or “service”), language learning solutions and training solutions are provided, which can be used through the enjoyment of various types of exercises and contents.
2.3 Total product
The App, the online platform and the service, as well as all other services provided by the operator on the basis of this agreement, are collectively referred to as “total product”.
2.4 Device
Device means any physical or virtual device that can process data using a programmable calculation rule.
2.5 License
Holding a license confers the right to use the Software and the services in accordance with this Agreement. The license defines the type and scope of the right to use the software and the services.
2.6 User account
The use of our services and access to their contents requires an individual user account. The user account consists of the user’s username, E-mail address and an individual user password.
2.7 Registration data
These are the data which are required to register the user account, namely: first name, username, last name, E-mail address, telephone number if applicable, place of residence and date of birth. The operator reserves the right to refuse the registration of individual users or the recognition of an instructor/third party licensee without giving reasons. At registration, the user accepts the terms and conditions as well as the privacy policy.
2.8 Technical data
This is information that does not identify you as a person. This includes, among other things, the technical data of the user’s device and operating system or browser.
2.9 Third Party License Agreement and Third Party License
Third parties, such as employers, interest groups, schools, trainers or comparable other third parties (“Third Party Licensees”), may, for the purpose of individual training, acquire third party licenses for the activation of separate content (“Third Party License Agreement”) for the benefit of the user under a separate license agreement. The third party licensee receives activation codes through which the user of this agreement can activate functions of the App and other offers of the operator.
3. LICENCE SCOPE AND CONTRACT FOR THE BENEFIT OF THIRD PARTIES
3.1 The operator grants the user a non-transferable license to use the service to the extent permitted by the terms of use. Use of the service may be restricted to certain countries.
3.2 The terms and conditions of this agreement apply to all content, materials or services which can be accessed through the App, the online platform or the service or which can be purchased within the App, the online platform or the service, as well as to all upgrades provided by the Operator which replace or supplement the original App or version, unless a corresponding upgrade is accompanied by an individual agreement.
3.3 Taking into account Section 9 these terms and conditions, the operator endeavours to maintain the availability of the service to suit a wide range of devices and current versions of iOS and Android, as well as any other platforms and operating systems in common useage. The operator does not take over any further obligations beyond this. In particular, the User has no claim to the constant availability of the service or individual functionalities.
3.4 The user may not transfer, redistribute or sublicense the service and the content. Should the user permanently leave his device to a third party, whether through payment or free of charge, or if the user disposes of the device, he must first uninstall and remove the App or the service from the device.
3.5 The user undertakes to comply with all legal provisions relating to the use of the service.
3.6 The user may not reproduce the app or the service, or any updates or parts thereof (unless such reproduction is permitted under this license or is technically required). It is also prohibited to disassemble or modify the App or the service, or to create derivative works from it or to remove or change references to third-party copyright.
3.7 A third party license agreement, which gives the third party user access to further content and offers from the operator, is a fake contract in favour of third parties. The content offered under a third-party license agreement may therefore vary or be discontinued without the user being able to derive any claim of his own from this. Third-party content is protected by copyright.
3.8 The total product uses a number of pieces of third-party open source software.
4. CONDITIONS OF USE
4.1 Compatible hardware, software (the latest version of the required operating system is recommended and may be required) and Internet access (fees may apply) are required to use our services. The functionality of the services can be influenced by these factors. Offline use is not possible.
4.2 Prerequisite for use is, if necessary, the prior complete registration of a user account according to Section 6 of the agreement, below.
4.3 No separate fee is payable to use the basic version of the App or the service, or a restricted version. The operator offers further additional services via the App or via the services. When using such additional services, further fees may be charged.
5. PRICES / TERMS OF PAYMENT
5.1 The prices for chargeable offers are shown during the ordering process and are also shown in the respective price-performance overview if applicable within the App or service.
5.2 In case of contracts in which a term extension is activated, the stated price is charged for the respective term. If the user has benefited from a price reduction that is dependent on certain prerequisites when ordering, this price reduction is not automatically granted again when an automatic renewal is activated if the prerequisites are no longer fulfilled at the time of renewal. Before the contract is automatically renewed, the user will be informed about the upcoming renewal of the contract (depending on the respective platform).
5.3 The prices quoted are total prices for the respective term of the contract and in the respective national currency, including the respective applicable statutory value added tax. The prices at the time of the order shall apply.
5.4 Price quotations for offers are always to be understood as remuneration for the provision of the offers and the associated possibility of use during the specified period. Remuneration for data transport by the mobile phone provider or provider of the Internet connection chosen by the users (data transfer fees of the telecommunications provider) are not included.
5.5 The user is advised that for all transactions, in addition to the GTC of the operator, the GTC of the App Store and the GTC of the respective payment service provider apply. The user has already agreed to these GTC at the time of registration to the respective stores or payment service providers and accepts their validity.
5.6 The invoice is issued digitally. Invoices in paper form are not issued.
5.7 The operator reserves the right to use virtual payment units in apps and other services (such as points or similar). The user will be informed about any exchange rates or exchange modalities separately, when applicable.
6. REGISTRATION
6.1 To register a user account, it is necessary to enter a user name, a valid e-mail address and other registration data requested during the registration process for both the App and the services. Each user may only register once. In the course of activation of the user account, the user will be sent a confirmation email, if applicable, for the purpose of confirming their data and email address. The user account cannot be used until successful confirmation has taken place.
6.2 The user is responsible for keeping his password and account secure. Likewise, the user bears full responsibility for all activities that take place via his account. An account may only be used personally and is not transferable. The User must inform the Operator immediately of any unauthorised use of his password or account or of any other breach of security via the e-mail address support@visioneducation.net.
6.3 The user undertakes to provide truthful, accurate, current and complete information about himself/herself and to maintain and update their registration data so as to ensure that it is always true, current and complete. The user has the opportunity to upload a profile picture. The user is liable for the picture having no offensive or prohibited content and being free of third-party rights as well as his entitlement to use the image.
6.4 The operator reserves the right to close or block the account of a user whose account or paid service is being or has been used illegally or unlawfully, or against the terms of this agreement.
6.5 The operator cannot and will not accept any liability for loss or damage caused by non-compliance with these guidelines.
7. INTELLECTUAL PROPERTY
The user accepts that all intellectual property rights relating to the provision of the total product and to any software required for the use of the service and any content (including texts, videos, images or other material) existing within the App and the service – with the exception of user-generated content – are owned by the operator and the operator‘s partners and that the operator and its operators reserve all intellectual property rights residing in the total product.
8. WARRANTY & LIMITATIONS OF LIABILITY
8.1 The user accepts that, despite the greatest conscientiousness and care, program errors cannot be excluded with 100% certainty.
8.2 If the user is a consumer within the meaning of § 1 KSchG, claims for damages by the user due to slightly negligent conduct of the operator or his vicarious agents are excluded. This does not apply to the operator’s obligation to compensate for damages to the user’s person.
8.3 If the user is not a consumer within the meaning of § 1 KSchG, claims for damages against the operator are generally excluded, unless the damage results from deliberate harm by the operator or his assistants. Warranty claims of the user are excluded in every case. Contestation due to error on the part of the user or loss of the business basis on the part of the user are excluded.
8.4 A rescission of the contract for shortening by more than half (laesio enormis) is excluded both in the case of consumer transactions and in the case of mutual business-related transactions.
8.5 If the Operator enacts his right according to point 3 to discontinue the offer and operation of his services, the Operator is free from any claims for damages by the User or a third party that could be asserted as a result of the discontinuation of the service or the service.
9. MODIFICATION OR DISCONTINUATION OF THE OFFER
9.1 The operator is entitled to make changes to his App and its services at any time.
9.2 The operator is entitled to remove his Apps from the Google PlayStore or Apple AppStore at any time. Previously installed Apps remain available according to the last installed version on the user’s device. This installed version may lose functionality when the operating system of the device is updated and is then no longer usable.
9.3 The operator is entitled to stop offering and operating his services at any time. In the event that the discontinued service is a paid service, the fee paid by the User shall be refunded proportionally to the agreed remaining term of the contract or the remaining term of the respective accounting period. Furthermore, the operator is free from any claims for damages by the user or a third party, which may arise as a result of the discontinuation of the services.
10. LINKS TO THIRD PARTY WEBSITES OR APPLICATIONS
Links to websites and Apps of other companies (third party providers) contained in the App and the service are only provided in the interest of the user. If the user clicks on such a link, he may leave the App or the operator’s service. The operator has no influence on these websites or Apps or their content, and accepts no responsibility for them. Access to the website or a third-party App via a link within this App or the online platform is the sole responsibility of the user.
11. ADVERTISEMENT
11.1 The user agrees that the App and the service may contain advertising and that this advertising is necessary for the provision of the services. By using the App and the service, the User agrees that the Operator or its advertising customers and sponsors are entitled to place such advertisements with or without prior notice and without compensation. The Operator is free to change the type and scope of the advertising placed within the App or the services by the Operator and its sponsors at any time.
11.2 All correspondence and business dealings with advertisers who have found customers on or through the Operator’s service, and participation in their promotions, including payment for related goods or services, as well as any conditions, warranties or representations associated with such dealings, are solely between the User and advertiser. The User agrees that the Operator is neither responsible nor liable for any loss or damage of any kind incurred as a result of these business relationships or the presence of such Advertisers in the App or the service.
11.3 With the separate consent of the user, the operator is entitled to send newsletters with offers related to advertising, cooperation, licensing and sponsoring partners.
12. TERMINATION
12.1 The user can terminate his account at any time using the termination function in the “Settings” section of the profile and accordingly cease use of the App and the online platform or service. Likewise, the Operator may temporarily block access to the App, the online database or the total product or terminate the contract at any time and without giving reason. Notice of termination will be sent by e-mail to the e-mail address provided by the User. If the e-mail cannot be sent, for example because the e-mail address cannot be reached, termination may be implied. In particular, the Operator is entitled to terminate the contract if the User does not agree to any changes in the GTC or the Privacy Policy or refuses to consent to the disclosure of his data to third parties.
12.2 After termination, the User has no further access to his profile; all information contained therein is also deleted subject to and in accordance with the provisions of Section5 of the present agreement by the operator.
12.3 The user agrees that his account can be terminated if the operator has reason to believe that the user has violated or acted contrary to the terms of use. After such termination, the Operator will, subject to and in accordance with the provisions of Section 5 of the present agreement, delete the user content including the profile.
12.4 If the operator terminates the contract according to Section 5, the operator also has the right to terminate all other contracts concluded in connection with the deleted profile without notice. Such termination can be explicit or implied.
12.5 If a third-party license agreement is terminated for any reason whatsoever in whole or in respect of the user, the user will be denied access to the content provided by the third party license. Furthermore, third party licenses may be limited to the duration of the educational relationship, the employment relationship or employment contract or otherwise in any other way.
12.6 If the User or the Operator makes use of his right to terminate the contract or if the contract is terminated by the lapse of time or for any other reason, all personal data concerning the User will be deleted, unless the storage or processing of his data is still necessary for one of the following reasons:
a) on the exercise of the right to freedom of expression and information;
b) in order to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject or in order to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the field of public health pursuant to Article 9(2)(h) and (i) DSGVO and Article 9(3) DSGVO; or
d) to assert, exercise or defend legal claims.
12.7 Further information regarding the storage and processing of personal data of natural persons is available in our privacy policy at learnmatch.net/data protection or net/companyagbadv-dsr/ (for private customers) and at https://learnmatch.net/unternehmen-agbadv-dsr (for employees, students, or similar).
13. APPLICABLE LAW AND JURISDICTION
13.1 This contract is subject to Austrian law with the exception of the non-mandatory reference norms and with the exception of the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Law). The choice of law applies to consumers with the restriction that under the conditions of Art. 6 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (“Rome I”). Special consumer protection provisions of the law of the country in which the consumer has his habitual residence take precedence over Austrian law. Therefore, if the customer is a consumer within the meaning of Art. 6 Rome I Regulation, he also enjoys the protection of the mandatory provisions of the law that would be applicable without this choice of law clause pursuant to Art. 6(2) Rome I Regulation.
13.2. For all legal disputes arising from or in connection with this contract, including the question of its valid conclusion, performance and termination as well as its pre- and post-contractual effects, the exclusive jurisdiction of the competent court in 1010 Vienna, Austria is agreed upon (exclusive place of jurisdiction).
13.3 If the user is a consumer, the lawsuit against the operator can be filed not only at the exclusive place of jurisdiction but also at the court in the country in which the user has his residence. The user as a consumer can only be sued at the court with jurisdiction over the subject matter and location of his place of residence.
14. SEVERABILITY CLAUSE
In the event that one or more provisions of these terms and conditions should be or subsequently become invalid or unenforceable, the remaining provisions shall remain unaffected.