GENERAL TERMS AND CONDITIONS
EBNER Academy | Issued: June 17, 2020
EBNER Industrieofenbau GmbH
§1 Scope of application
EBNER Industrieofenbau GmbH (hereafter referred to as EBNER) offers its customers services, in the form of training, consulting, and symposia, under the name EBNER Academy. The following terms and conditions define the contractual relationship between parties participating in training, symposia, seminars, courses and conferences (hereafter referred to as events) and EBNER.
§2 Conclusion of contracts
(1) All quotes made by EBNER are non-binding, unless a period of time is expressly provided in writing by EBNER. Should EBNER provide a binding quote, the contract shall be in effect with acceptance of the quote by the participant by the date specified, or with written confirmation of registration by EBNER. No claim for participation may be made until the contract is in effect.
(2) Registrations may be made using the Internet, by surface mail, email or over the phone up to 4 weeks before the start of the event. Registration is binding for participants.
(1) Cancellations can only be accepted if they are in writing.
(2) Cancellations may be made free of charge up to 14 calendar days before the start of the event, should no other contractual provisions stating otherwise be in effect. Should a cancellation be received by EBNER at a later date, all fees and charges for participation remain due. All fees and charges for participation are also due should the participant fail to appear at the event and no cancellation was received within the stated period.
(3) Participants may name a substitute (replacement) participant at any time, free of charge
§4 Cancellation of the contract by the user (withdrawal)
Participants whose registration cannot be attributed to either their commercial or independent (self-employed) professional activity retain the right to withdraw their registration within 14 days of receipt of confirmation of registration without stating a reason, should this withdrawal be submitted in writing. For observance of the deadline, submission of an informally-expressed cancellation (withdrawal) to the following email address suffices: email@example.com. Cancellation is free of charge, and any fees or charges for registration that have already been paid shall be refunded in full. The right to cancel (withdraw) shall be void if the event took place within the 14-day period and the participant attended the event.
§5 Attendance fee and services provided
(1) The attendance fee listed in the quote or other EBNER document in which EBNER informs customers and clients of planned events shall apply. Attendance fees are per person (participant) and event date, and include all documents associated with the event. Additional services provided are defined in the relevant quote or relevant event information.
(2) Should it not be defined otherwise in a quote, all prices are net, excluding all legally-stipulated sales taxes.
§6 Payment conditions
(1) Before the start of the event, the participation fee must be paid in full by bank transfer, free of deductions or charges.
(2) Should payment be delayed, the interest on arrears defined by law shall be charged. The participant is obligated to reimburse EBNER for all notice and collection fees and all other expenditures associated with prosecution resulting from the delayed payment. EBNER reserves the right to claim additional damages for delayed payments. EBNER reserves the right to exclude participants from events for which attendance fees and other charges have not been paid.
§7 Change or cancellation of an event by EBNER
EBNER reserves the right to alter the date, time or location of an event, alter the speakers/lecturers attending an event, or cancel an event in full. Participants will be informed of changes in a timely manner. Should the date of an event be changed or an event canceled in full, participants have the right to cancel their attendance in accordance with § 3 of these terms and conditions. Participants are not entitled to demand that an event take place. No claims may be made for compensation of any expenses incurred by participants, such as travel or hotel costs.
§8 Liability and claims for damages
(1) EBNER assumes no liability for the completeness or correctness of event content, event documentation, or a presentation made during an event.
(2) EBNER accepts liability for damages only in cases of gross negligence or where intent can be shown; liability for personal damages is not limited. The participant bears the burden of proof for demonstrating the existence of gross negligence.
(3) EBNER assumes no liability for the personal property of participants at an event.
(4) EBNER shall in no case be liable for any indirect or consequential damages or losses, financial losses, loss of profit, loss of production, loss of revenue, loss of business, loss of contracts, loss of interest or loss of data, howsoever arising under any title, legal or contractual basis or theory of law.
(5) Should the participant be an entrepreneur, the total liability of EBNER for, or in connection with, the contract is limited to the sum of the participation fee. In cases of contracts with consumers, and generally in cases where personal damages are claimed, the limitation on liability listed in § 8 (5) of these terms and conditions does not apply.
§9 Copyright, confidentiality
(1) All documentation associated with or provided as part of an event is protected under copyright law. Regarding event documentation, both in whole and in part, participants and third parties are expressly prohibited from: altering or editing the content; making use of altered versions; duplicating or reproducing the documentation; allowing access to or providing the documentation to third parties; making the documentation available over the Internet or other network, whether for a fee or free of charge; copying or emulating the documentation; selling or making commercial use of the documentation. Any and all copyright notices, symbols and marks may not be removed. Participants are granted a non-exclusive, non-transferable right to make personal use of the documentation; transfer of the documentation within the company employing the participant is permissible if not in an electronic form.
(2) It is not permitted to film, photograph or make audio recordings of events.
(3) Any documents, materials or information brought or introduced into events by customers or participants are not confidential.
§10 Permission to film and photograph, data protection
(1) EBNER reserves the right to make films of and take photographs at events. All data will be treated in accordance with the European General Data Protection Regulation no. 679 of 2016, and shall be used for the legitimate business interests of EBNER such as:
- Public relations and depiction of activities carried out by EBNER
- EBNER‘s own marketing purposes
- Increasing recognition of the EBNER brand
Permission to use data may be retracted. After permission is retracted, photos recording a participant will continue to appear in print media that was printed prior to retraction; these photos will not be altered and existing hard copies of the print media will not be destroyed.
- The deletion of images appearing on a web site or in other digital media will be carried out in within the scope of reasonable technical possibility.
- Photos and film recordings will be stored for a period of 2 years.
(2) In accordance with the applicable regulations on data protection, participants have the right to information, correction, deletion, limitation, portability and objection regarding personal data associated with photographic and filmed recordings. Any inquiries related to this subject should be forwarded to the following email address: firstname.lastname@example.org. Should a participant consider his or her right to data protection to have been infringed, they have the right to bring formal complaint before the relevant data protection authorities.
(3) A detailed description of EBNER‘s data protection regulations can be found by clicking the following link or in the attachments: www.academy.ebnergroup.cc/datenschutzrichtlinie.
§11 Severability clause
If an individual provision of these terms and conditions is, or becomes, invalid, unenforceable, ineffective or null and void, it in no way affects the validity of the remaining provisions. In such a case the invalid, unenforceable, ineffective or null and void provision shall be replaced by one that legally most closely approximates its commercial purpose. The same applies to any loopholes in the contract.
§12 Applicable law, arbitration, place of jurisdiction
(1) This contract is governed by Austrian substantive law, excluding its provisions regarding the conflict of laws. Should the participant be a consumer, the choice of applicable law does not lead to revocation of the protections established in the obligatory legal regulations of the state in which he or she has his or her main residence.
(2) Should the participant be an entrepreneur, all disputes or claims arising out of or in connection with the contract or related to its validity, violation, termination or nullity shall be finally settled under the Rules of Arbitration and Conciliation of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one arbitrator appointed in accordance with these Rules.
(3) Should the participant be a consumer, all disputes arising out of or in connection with the contract shall be settled before the competent court in whose jurisdiction the consumer’s legal residence, place of stay or place of employment is located.