LingvanoTM General Terms & Conditions for Consumers (Version: 02/20/2020)
Lingvano is an E-Learning platform offered under the internet domain www.Lingvano.com (“Website”) from Fischer Matthias u Mitges-Lingvano GesbR (“Lingvano” or the “Provider”), located at Sachsenplatz 4-6, 1200 Vienna, Austria. You (the “User”) can find further information in our imprint, privacy, and data protection documents which are incorporated [MF1] [WK2] into these General Terms and Conditions of business. These General Terms and Conditions of business (the “GTC”s) provide the legal framework for all Lingvano services intended for consumers. Deviating and supplementary provisions only apply if expressly agreed upon in writing. These GTC applicable in equal measure to both free and non-free offers from Lingvano.
1. Offered Services, Scope of Application
1.1 Lingvano is an online learning system that allows the User to develop his or her Sign Language skills in a simple, modern and efficient way.
1.2 Some features and content are available to the user free of charge. Non-free services shall be clearly identified as such and may be used against payment of the respective charges or prices.
1.3 These GTC and the services regulated by them are exclusively intended for Users who act as consumers. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employment.
2. Creation of a User Account and Execution of the Contract
2.1 The User can create a basic user account at Lingvano for free. For this he or she must enter their first name and their email address in the registration form, determine a freely selectable password, and accept these GTC and the data protection requirements. Further data can be specified after creating the user account via the personal profile page. Each User may register only once.
2.3 The User is required to choose a sufficiently secure password and keep this secret. As soon as the User becomes aware or should have been become aware that access to his password has been obtained by a third party, he or she must change the password immediately.
2.4 Lingvano will communicate with the User primarily via his or her email address given in the registration form and in particular can be informed of any declarations of intent (e.g. terminations) that are relevant to the contract. The User can inform Lingvano at any time about a change in email address.
3. Basic Contract
3.1 After creating a user account, the use of basic learning features is available (“Basic Contract”). The User is entitled to access such content and features free of charge.
3.2 Basic contracts can be terminated at any time. The User account shall be deleted upon receipt of User’s instructions to terminate the account.
4. Premium Contract
4.1 Lingvano paid services (“Premium Contract”) shall be available according to different price models. Insofar as prices are quoted on Lingvano, these are understood to be in Euros (in US Dollars for U.S. customers) and include applicable statutory value added tax.
4.2 The billing type, price and contract term shall be listed as part of the ordering process and are fully summarized before completion of the order. The Paid Contract takes effect upon clicking the button “Pay now” (or similar).
4.3 Paid Contracts are concluded for the fixed-term chosen by the User.
5. Term, Renewal and Termination of Contracts
5.1 A Basic Contract can be terminated at any time in accordance with Section 3.2.
5.2 Unless otherwise stated at the time of contract conclusion, Premium Contracts are subscriptions which automatically renew for the respective contractually agreed term (e.g. 1, 3 or 12 months) unless the user or Lingvano terminates the respective Premium Contract up to 48 hours before expiry of the contract term. Fees for renewal periods will also be charged in advance. All contracts can be terminated at the end of the respective term.
5.3 The right to termination for cause remains unaffected.
6. Payment terms
6.1 Unless otherwise stated in the order process, Premium Contracts are payable in advance for the entire contract period.
6.2 Payment can be made through any of the payment methods detailed on the website at no additional charge. Lingvano currently commissions two external payment service providers (Digistore24.com or Paddle.com) to process the payment data entered by the User.
6.3 After selecting the desired payment system, the User enters his or her required data in the appropriate data fields. The commissioned payment service provider is entitled to receive payments for Lingvano. Lingvano reserves the right to restrict the payment systems offered.
7. Right of Cancellation
7.1 Right of cancellation. User has the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 days from the day of the conclusion of the contract. To exercise your right of cancellation, you must inform Fischer Matthias u Mitges-Lingvano GesbR, Sachsenplatz 4-6, 1200 Vienna, Austria, e-mail: [email protected] by means of a clear statement (e.g. letter sent by post, fax or email) about your decision to cancel this contract. To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of cancellation before the expiry of the cancellation period.
7.2 Consequences of Cancellation. If you withdraw from this contract, we will repay all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the best standard delivery we offer have) immediately and at the latest within 14 days from the date on which the notification of your cancellation of this contract was received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for this repayment of fees.
7.3 Confirmation of the Right of Cancellation by Services. The User expressly agrees and requests that Lingvano commence execution of the commissioned service before the end of the cancellation period. The User is aware that he or she shall not have a right of cancellation if the contract is completely fulfilled by Lingvano.
8. Website Accessibility, Limitations to Liability
10.1 Lingvano uses the current and commonly used technologies for its services. In order to fully use Lingvano, the User must also use these technologies (e.g. current browser technologies) or enable their use on their computer or mobile device (e.g. activation of Java script, cookies, pop-ups). When using older or not commonly used technologies, it is possible that the User will only be able to use Lingvano to a limited extent.
10.2 The internet services required for the use of Lingvano and the necessary equipment are the sole responsibility of the User with regard to the costs incurred, the availability and the security of the data connection.
10.3 The Provider expressly does not guarantee that the services offered are suitable for the specific goals pursued by the individual user or that the service will be available at any specific time.
10.4 User claims for damages are excluded to the fullest extent provided by law.
10.5 In the event of a breach of essential contractual obligations, Lingvano shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the user resulting from injury to life, limb or health.
9. User restrictions and indemnification
9.1 Lingvano may only be used in accordance with these GTCs. In particular, Users are not authorized to:
- Reverse engineer, decompile, disassemble, modify, or create derivative works based on the Lingvano E-learning platform;
- Circumvent protective measures that the provider or its licensors use to protect content that is accessible via Lingvano;
- To copy, store, edit derivative works made by Lingvano, to develop derivative works based on them, or to modify them in any way;
- To lease their own user account or to grant sub-licenses;
- Sharing one’s own user account with other persons and / or granting others access to the paid services of Lingvano;
- Use Lingvano in any other improper manner that violates these GTC.
- To use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses Lingvano in a manner that sends more request messages to the Lingvano and/or Lingvano servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- To collect or harvest any personally identifiable information, including account names, from Lingvano, nor to use the communication systems provided by Lingvano (e.g., comments, email) for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any Lingvano Users with respect to their content. In all use of Lingvano and all associated services, website and mobile and/or tablet applications, the User agrees to comply with all applicable laws and regulations.
9.2 In the cases described in 9.1, as well as in all other cases of improper use, the User agrees to indemnify Lingvano. In any case, Lingvano reserves the right to block user accounts without notice as soon as there is an indication of improper or abusive use and the provider has a legitimate interest in blocking.
10. Intellectual property Rights
10.1 All texts, images and other copyrightable content and works made available under Lingvano are protected by copyright. Any non-contractual use, including but not limited to commercial or business purposes, requires the prior consent of Lingvano in writing.
10.2 Content specifically provided through a Creative Commons license is subject to the terms of the applicable Creative Commons license.
10.3 Any use of all trademarks, brands, designs and business names used by Lingvano in the context of the offer also requires the prior consent of the provider in text form.
11.1 The contractual relationship between Lingvano and the User, its formation, validity and interpretation are subject to Austria law, excluding its conflict of law provisions and excluding the application of the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 Lingvano does not participate in any dispute settlement proceedings before a consumer arbitration board.
11.3 In the case where the User is not a consumer under applicable consumer protection laws: If any term of this contract is held to be unenforceable, such term may be modified to make it valid and enforceable. If modification cannot be made, the term shall be deemed deleted and the remainder of the contract shall remain in force.
11.4 Lingvano reserves the right to change these GTCs without notice for a material reason (e.g. due to changes in the legal situation or its own offer, technical developments, etc.), including without limitation new offers from Lingvano may be subject to new regulations.
11.5 These GTCs and any rights and licenses granted hereunder, may not be transferred or assigned by the User, but may be assigned by Lingvano without restriction.
12. Additional Provisions Applicable for Residents of the United States of America
12.1 If the User is a resident of the United States of America the provisions of this Section 12 shall be applicable in addition to the provisions above.
12.2 NO REPRESENTATIONS OR WARRANTIES BY LINGVANO
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY LINGVANO ARE PROVIDED TO YOU ON AN “AS IS” BASIS. LINGVANO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LINGVANO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS.
12.3 LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL LINGVANO BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF LINGVANO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LINGVANO’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIVANGO FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
12.4 User consents to the personal jurisdiction of and exclusive venue in the courts of competent jurisdiction in Vienna, Austria. This agreement and its formation, validity, and interpretation and any disputes arising hereunder shall be subject to the laws of Austria; provided that, at its option, Lingvano may choose United States copyright law as the substantive law to apply to the agreement and any disputes arising hereunder with Users in the United States.
12.5 Any failure of Lingvano to exercise or enforce any right or provision of the GTCs or the data protection statement shall not constitute a waiver of such right or provision. Should individual points of these GTC or the data protection statement be legally invalid, the remaining portions hereof shall be unaffected and remain binding.
12.6 The User and Lingvano acknowledge and agree that these GTC and any other legal notices published by Lingvano and incorporated herein shall constitute the entire agreement between the User and Lingvano.
12.7 The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the GTC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12.8 If any term of this contract is held to be unenforceable, such term may be modified to make it valid and enforceable. If modification cannot be made, the term shall be deemed deleted and the remainder of the contract shall remain in force.
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