LICENCE AGREEMENT AND TERMS AND CONDITIONS OF USE

of VE Vision Education GmbH

 

FN 462915h

Reisnerstraße 50/13

A-1030 Vienna

 (In the event of any deviations resulting from the translation between these terms and conditions and the German version, the German version shall prevail.)

Version November 17, 2017

 

PREAMBLE

These terms and conditions constitute a contract (hereinafter the “Agreement”) between you – the User (hereinafter the “User”) and VE Vision Education GmbH (hereinafter the “Operator“).

By clicking on the “Buy” button in the Apple App-Store and entering your password or touch ID or by clicking the “buy” button after entering your password in Alphabet’s “Google Play” Store, or by clicking the download button on our website, you make an offer subject to this agreement as a purchaser which arises with the immanent start of the download (§ 864 Civil Code ABGB).

Third-party licence holders, advocacy groups, trainers or similar third parties may acquire licenses as part of their own licence agreement in their own name at their own cost as a means of obtaining access codes which can be used by the User to unlock app functions and other offers provided by the Operator. A separate claim or obligation shall not arise to the User from the relationship between third-party licence holder and Operator.

  1. DEFINITION OF TERMS
    • App, Online Platform

The Operator provides access to a program (an “App”) for Apple iOS and Google Android and – where applicable – as an online platform in the form of infrastructure which, in general terms, supports language learning and knowledge management.

  • Service

As a service (hereinafter “Service”) many vocabulary items are provided with images, sounds and sample sentences, which can be learned using various techniques.

  • Overall Product

The App, online platform, Service and all other performances are provided due to this agreement are together referred to as the “Overall Product”.

  • Device

Device means any physical or virtual device that can process data with the aid of a programmable algorithm.

2.5     Licence

Licence is a name for the right to use the software as per this agreement. The licence sets out the type and scope of the right to use this software.

2.6     User-account

The use of our services and access to our content require a personal user account. This user account consists of the User’s email address and a personal password.

2.7     Registration Data

The data needed to register a user account are: First name, last name, address, date of birth. The Operator reserves the exclusive and unfettered right to refuse individual Users to register or to be approved as educator / third-party licensee without giving reasons. By way of registration the user accepts the General Terms and Conditions of Use as well as the privacy policy.

2.8     Technical Data

Technical Data is information which cannot be used to identify you. This includes technical data about your device and operating system.

2.9     Third-Party Licence Agreement and Third-Party Licence

Third-parties, such as employers, advocacy groups, schools, trainers or similar third parties (“third party licence holders”) may obtain third-party licenses to unlock special content (“Third-party licence agreement”) for the benefit of the User and/or for the purpose of the individual training as a part of a separate licence agreement. The third-party licence holder receives unlock codes, which the User of the current agreement can use to unlock functions of the app and other offers from the operator.

  1. LICENCE SCOPE AND CONTRACT IN FAVOUR OF THIRD PARTIES
    • The Operator shall provide the user with a non-transferable licence for use of the Overall Product in the scope permitted by these usage terms.
    • The conditions of this agreement apply for all content, materials or services to which the User can access via the App or online platform or which can be purchased within the App or online platform, and all upgrades made available by the Operator which replace or add to the original App; provided that a particular upgrade is not associated with its own agreement.
    • The Operator strives to make its Apps available for many devices and the latest versions of iOS and Android, as well as any other platforms and operating systems. The Operator does not assume any obligations in terms of performance beyond the above. In particular, the User has no claim to the constant availability of the Apps or particular functionality.
    • The User may not transfer, redistribute or sub-licence the App. If the User gives his device to third parties either for a fee or free-of-charge for a longer period of time, or the User disposes of the device, he will need to remove the App from the device first.
    • The User must not reproduce or reassemble the App or any updates or parts thereof (except when the redistribution is permitted or within the realm of this licence or for technical reasons). It is also not allowed to disassemble the App, to change the app or to create works derived from it.
    • A third-party licence contract which gives the User access to other content and offers from the Operator represents a non-genuine contract in favour of a third party (“unechter Vertrag zugunsten Dritter”). The offered content from a third-party licence agreement may therefore vary or be removed without the User deriving any personal claim from it.
    • The Overall Product uses a range of open-source software from third-party providers whose licence agreements are listed in Annex 1.
  2. PRECONDITIONS OF USE
    • Compatible hardware, software (the most recent version recommended and may be necessary) and internet access (fees may apply) is required. The functionality of our services may be influenced by these factors. Offline use is not possible.
    • A precondition of use is full registration of a user account beforehand as per paragraph 6 of the agreement.
    • A special fee need not be paid in order to use the basic version of the app or download version. In addition, the Operator operates other additional services from the App or via the online platform. Fees may apply when using such extra services (e.g. additional or native languages, additional dictionaries, or additional course manuals).
  3. PRICES / PAYMENT METHODS
    • The prices for chargeable produces/services are itemised during the order process. They can also be seen in the price-service breakdown on the website or in the App.
    • For fixed-term contracts, in which a contract extension is enabled, the given price is charged for the respective term. If the User took advantage of a price discount depending on certain requirements, this discount will not be granted automatically after an automatic extension, if the same requirements are no longer in effect at the time of the extension.
    • The indicated prices are overall prices for the term of the contact and in the local currency, including applicable VAT. The prices that were made at the time of the order shall apply.
    • Price information for offers must generally be understood as payment for making the offers available and the opportunity for use during the given term. The payment does not include payment for the sending of data via the mobile phone provider chosen by the users or the Internet service provider (data transfer fees).
    • Invoices are issued digitally only. No invoices are issued in paper form.
  1. REGISTRATION
    • In order to register for a User-account a user name, a valid email address and other registration data is required during the registration procedure for the app and online platform. As of 2.7 Users are only allowed to register once. In course of the activation of the User-account, the User is sent a confirmation email, in which the User must confirm his data and email address. After successful confirmation, the User can use his User-Accountto ‘dial into’ the Operator’s online database.
    • The User is responsible for keeping his User-Accountand password secret. Similarly, the user is fully responsible for all activities that take place via his User-account. A User-Accountis for personal use only and is non-transferable. The User must notify the operator immediately about any unauthorised use of his password or account or other security infringement. He does so by sending the information to the following email address support@visioneducation.net or to following fax number: +49 30 417075-339.
    • The User is required to enter true, up-to-date and complete information about himself and to maintain and update his registration data so that such data always remain true, up-to-date and complete.
    • The Operator reserves the right to close or block a User-Account of such User whose account has been or who has used the Overall Product without permission or illegally.
    • The User will not assume any liability for loss or damage arising due to non-compliance with these guidelines.
  2. INTELLECTUAL PROPERTY

The User accepts that all intellectual property rights arising from the rendering of the Overall Product, any software required for usage of the service and all content in the App and online platform (including text, videos, images or other material) – with the exception of user content – belong to the Operator and the Operator’s operator, and that the Operator and his third party providers reserve the right to all intellectual property rights over the Overall Product.

  1. WARRANTY & LIABILITY LIMITATIONS
    • The User concedes that, despite exercising utmost conscientiousness and care, it is not possible to rule out programme and software bugs with 100% reliability based on the current state of technology.
    • If the User is a consumer within the meaning of § 1 Consumer Protection Act (KSchG), damage compensation claims due to slightly negligent behaviour of the Operator or his vicarious agents are excluded. This does not apply to the Operator’s obligation to compensate damage to the person of the user.
    • If the User is not a consumer within the meaning of § 1 Consumer Protection Act (KSchG), damage compensation claims against the Operator are generally excluded unless the damage is the result of an intentional damage from the Operator or his assistants within the meaning of § 1313a ABGB (“Austrian Civil Code”). User’s warranty claims are also excluded. Disputes over errors are excluded, as are disputes due to frustration of contract on the part of the User
    • Contestation of the contract for laesio enormis (reduction of more than the half) is excluded both in the case of consumer transactions and in the case of bilateral business transactions.
  1. CHANGING OR DISCONTINUING THE OFFER
    • The Operator is entitled to make changes to his Apps and the online platforms at any time at its sole discretion.
    • The Operator is entitled to remove his apps from the Google Play Store or Apple App Store at any time. The last available version of installed Apps remains available on the user’s Devices. This installed version can cease to work after updates to the Device’s operating system.
  2. LINKS TO THIRD-PARTY WEBSITES OR APPLICATIONS

In the Apps and the online platform contained links to third-party sites and third-party apps (third party service provider) are provided only in the interests of the user. The Operator does neither have any influence or control over these external websites or apps and assumes no responsibility for them. Accessing a third-party’s website or app from a link within this app or the online platform is at the user’s sole discretion.

  1. ADVERTISING
    • The User agrees that the App and online platform may have advertising and also that this advertising is necessary for the operator to be able to provide these services. By using the app and online platform, the User agrees that the Operator/advertising clients and sponsors are entitled to publish such advertising with or without prior notice and without compensation. The Operator is free to change at any time the type and scope of the advertising published by the Operator and his sponsors.
    • The correspondence and business transactions with advertisers found by users on or through the service of the operator, as well as the participation in their advertising activities, including the payment of related goods or services, as well as all conditions, warranties or representations linked to these business relations apply exclusively between the user and the advertiser concerned. The User agrees that the Operator shall neither be responsible nor liable for any losses and damages of whatever kind arising on account of these business relationships or the presence of such advertisers in the app or on the online platform.
    • With the User´s acceptance, the Operator is entitled to send newsletters with offerings from an advertiser, cooperation or licence- and sponsoring partners.
  2. TERMINATION
    • The User can close his account at any time using the termination function in the “Settings” or other applicable area of his profile, and terminate the usage of the app and online platform accordingly. The Operator can also temporarily block access to the app or online database and to the Overall Product, or terminate the contract. The notice of termination will be sent to the email address entered by the user. If it is not possible to send the notice, e.g. because the email address is unreachable or incorrect, the termination may be made implicitly. . In particular, the Operator is entitled to terminate the contract with immediate effect if the User does not agree to any change made to the General Terms and Conditions of Business or the privacy policy or refuses to give his permission for the transfer of his data to third parties.
    • After termination, the User will no longer have access to his profile; all information contained therein will be deleted by the Operator subject to and according to the provisions in of 12.3 of this Agreement.
    • The User agrees that his account can be terminated when the operator has reason to believe that the User is in infringement of the terms and conditions of use or has acted in contravention to them. After such a termination, the Operator can delete the User’s content including his profile, subject to and according to the provisions of paragraph 12.2 of this Agreement.
    • If the Operator terminates the contract as per 12.3, the Operator also has the right to terminate all other contracts in connection with the deleted profile without notice. Such a termination can be expressed or implied.
    • If a third-party licence agreement is terminated for whatever reason in wholly or in respect to the User, the User’s access to the content provided by the third-party license will be blocked. Furthermore, third-party licences may be limited to the duration of the apprenticeship, the employment or employment relationship or in any other way.
  3. PRIVACY
    • Registration data needs to be collected for the successful provision of the Overall Product. Such data includes information used to identify the User (“Personal data”). Information entered directly by Users include: Name, date of birth, residential address, email address. The data collected is saved and processed during performance of the contract. After the termination of the contract, the collected personal data will be deleted subject to and according to the provisions in 12.3 above.
    • Further, the Operator is entitled to collect technical data. Such data includes device identification, user settings and the operating system of the User’s device. The collected data are aggregated and are used as an aid to get information about how the Overall Product is used as a means of improving and managing the use of our services. Personal data are not included in this process.
    • If User or Operator makes use of his right of termination or the contract is terminated due to expiry or any other reason, all personal data relating to the user shall be deleted, provided the data is not mandatorily required:
  4. to assert, exercise or defend the legal claims of the operator or third parties;
  5. to exercise the right of free expression and information; or
  6. to meet the legal obligation to save such data, based on the laws of the European Union or national law

.

  1. APPLICABLE LAW AND PLACE OF JURISDICTION
    • This Agreement shall be governed by and construed in accordance with Austrian law, to the exclusion of its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
    • For any dispute arising out of this contract directly or indirectly, including whether a valid contract has been brought about, whether it has been fulfilled and terminated as well as its pre- and post-contractual effects, the contractual parties shall agree on the exclusive jurisdiction of the court competent in rem, 1010 Vienna – Innere Stadt, Austria are the exclusive responsibility of the competent court at 1010 Vienna, Austria (exclusive court of jurisdiction).
    • If the User is a consumer, he may bring proceedings against the Operator either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the Operator, in the courts for the place where the consumer is domiciled. Proceedings may be brought against the User as a consumer by the Operator only in the courts of the Member State in which the consumer is domiciled.
  2. SEVERABILITY CLAUSE

In the event of one or more of the provisions of these terms and conditions of business being or retrospectively becoming invalid, illegal or unenforceable, this shall not affect the remaining provisions.

  1. Appendix 1 – Terms of Use / Third Party Software:

16.1   MIT License:

Copyright (c) <year> <copyright holders>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING- BUT NOT LIMITED TO- THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE, THE USE OR OTHER DEALINGS IN THE SOFTWARE.

babel-plugin-transform-decorators-legacy: 1.3.4
Copyright (c) 2015 Logan Smyth loganfsmyth@gmail.com

babel-preset-react-native-stage-0: 1.0.1
Copyright (c) 2016 Adam Miskiewicz

base-64: 0.1.0
Copyright Mathias Bynens https://mathiasbynens.be/

crypto-js: 3.1.8
Copyright (c) 2009-2013 Jeff Mott
Copyright (c) 2013-2016 Evan Vosberg

es6-promisify: 3.0.0
Copyright (c) 2016 Digital Design Labs

mobx: 2.6.3
Copyright (c) 2015 Michel Weststrate

mobx-react: 3.5.9
Copyright (c) 2015 Michel Weststrate

react-native-animatable: 1.1.0
Copyright (c) 2015 Joel Arvidsson

React-native-audio
Copyright (c) 2016 Joshua Sierles

react-native-billing: 2.1.1
Copyright (c) 2015 Idéhub

react-native-branch: 1.0.5
Copyright (c) 2016 Branch Metrics, Inc.

react-native-circular-progress: 0.0.7
Copyright (c) 2015 Bart Gryszko

react-native-code-push: 1.17.1-beta
Copyright (c) Microsoft Corporation

react-native-fabric: 0.4.0
Copyright (c) 2016 Cory Smith

react-native-fetch-blob: 0.10.2
Copyright (c) 2017 xeiyan@gmail.com

react-native-firebase: git+https://github.com/alexkuttig/react-native-firebase.git
Copyright (c) 2017 Mike Diarmid mike@invertase.io

react-native-i18n: 1.0.0
Copyright (c) 2015-2017 Alexander Zaytsev

react-native-in-app-utils: 4.0.0
Copyright (c) 2015 Chirag Jain

react-native-linear-gradient: 2.0.0
Copyright (c) 2016 React Native Community

react-native-mobx: 0.3.1
Copyright (c) 2016 Pavel Aksonov

react-native-router-flux: 3.35.0
Copyright (c) 2016 aksonov

react-native-scrollable-tab-view: 0.7.2
Copyright (c) 2016 Evgeniy Sokovikov

react-native-sound
Copyright (c) 2015 Zhen Wang

react-native-vector-icons: 4.0.0
Copyright (c) 2015 Joel Arvidsson

react-native-zip-archive
Copyright (c) 2015 Perry Poon

Babel-cli: 6.24.1
Copyright (c) 2014-2017 Sebastian McKenzie <sebmck@gmail.com>

Babel-preset-flow: 6.23.0
Copyright (c) 2014-2017 Sebastian McKenzie <sebmck@gmail.com>

winston: 2.3.1
Copyright (c) 2010 Charlie Robbins

16.2   BSD 3-clause Licence:

Copyright (c) <year> <copyright holders>

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name [of the copyright holder] nor the names of its contributors may be used to endorse or promote Products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Flow: 0.2.3 (For Flow Software)
Copyright (c) 2013-present, Facebook, Inc. All rights reserved.

prop-types: 15.5.10
Copyright (c) 2013-present, Facebook, Inc.

react: 15.4.2
Copyright (c) 2013-present, Facebook, Inc.

react-addons-shallow-compare: 15.4.1
Copyright (c) 2013-present, Facebook, Inc.

react-native: 0.41.2
Copyright (c) 2015-present, Facebook, Inc. All rights reserved.

Flow-bin: 0.49.1
Copyright (c) 2015-present, Facebook, Inc. All rights reserved.

jest: 20.0.3
Copyright (c) 2014-present, Facebook, Inc. All rights reserved.

jest-react-native: 18.0.0
Copyright (c) 2014-present, Facebook, Inc. All rights reserved.

react-test-renderer: 15.4.2
Copyright (c) 2013-present, Facebook, Inc.

16.3   ISC Licence

Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

THE SOFTWARE IS PROVIDED “AS IS” AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

react-native-timer: 1.3.1
Copyright 2016-2017 fractaltech

react-native-snap-carousel 2.3.1
Copyright 2016-2017 Maxime Bertonnier and Benoît Delmaire