General Terms and Conditions

1 Scope and General 1.1 These general terms and conditions shall apply to all legal transactions and orders, projects, technical services, commercial transactions and other services for which ANTEMIA GmbH is the contractor and for which no other contractual provisions have been made. 1.2 The validity of any general terms and conditions of the customer shall be given if these are agreed in the course of an assignment or order. 1.3 If any of the following provisions should be invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a valid provision which comes as close as possible to the intended objective. 1.4 Changes, collateral agreements and supplements to these general terms and conditions are only valid if they are agreed on in written form. 1.5 In the absence of any other written agreement, the place of performance or delivery is Graz. 1.6 Payment has to be made within 30 days without deduction. 2 Terms and Conditions 2.1 Accounts Users need an account for most activities on the platform. This includes inter alia the purchase of a course, content or related goods (digital as well as hardware). Users must provide accurate and complete information, including a valid contact information. Users take full responsibility for any damage or harm that is the result of the use of this account. Users may not share their account login credentials with anyone else. 2.2 Course license If a user purchases a course or other content, whether it is free or paid content, it is licensed, and not sold, to the customer. ANTEMIA GmbH is the licensor and provides the users a limited, non-exclusive, non-transferable license to access and view the content. The license signifies that all rights of resale, publication and duplication belong to ANTEMIA GmbH and not to the users. The license is only valid for personal, educational purposes. Any other usage is expressly prohibited. It is prohibited to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative content in any form unless we provide explicit written permission to do so. The period of time for which the license is granted is declared in the course of purchase and is limited to a specified period. If the period of time is not specified in the purchase information, the period of time for the license is limited to the time the course is available on the platform. All rights to limit access to the platform stays at ANTEMIA GmbH. 2.3 Payments, Credits, and Refunds Whenever a user is effecting a payment, it is implied that the user agrees to use a valid payment method. The applicable price is the one that is displayed at the time a user completes the purchase at checkout. Promotions granted by ANTEMIA GmbH may differ for different users, for different countries or based on other aspects. If a user purchases content, service or products, ANTEMIA GmbH is authorized to charge the users debit or credit card or process other means of payment. If the payment method fails and a user wrongfully obtains access to the content, ANTEMIA GmbH reserves the right to disable access to any content for which we have not received adequate payment. 2.4 Refunds There is no possibility to refund fees, that users paid for the content. 2.5 Intellectual Property All rights, title, and interest in and to the course platform and all related content and services are and will remain the exclusive property of ANTEMIA GmbH. This includes related websites, existing or future applications, APIs, databases, and the content itself. 2.6 Binding Agreement Users agree that by registering, accessing, or using our courses, service or products, they enter into a legally binding contract with ANTEMIA GmbH. 2.7 Disclaimer ANTEMIA GmbH does not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content on the platform. The user takes up full responsibility for the choices they make or actions that they take before, during, and after accessing the content. Regarding links to other websites that are not controlled or owned by ANTEMIA GmbH, there is no liability or responsibility for the content or any other aspect of these third-party sites. In case that our platform is not available for user access there is no right for recourse against ANTEMIA GmbH. The provided services and contents are provided on an “as is” and “as available” basis. ANTEMIA GmbH provides no warranties in any form for the reliability, availability, security, lack of errors, or accuracy of the content, and expressly disclaims any warranties or conditions including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ANTEMIA GmbH does not warranty that you will obtain specific results from the use of the course, content or other services provided on this website. If content in any form is decided to be no longer available at any time and for any reason, ANTEMIA GmbH cannot be held liable for any consequences that are results that. Furthermore, ANTEMIA GmbH cannot be held responsible for delay or failure of our services, content or courses caused by events beyond our reasonable control such as cyber attacks, war, hostility, sabotage; natural disaster; electrical, internet, or telecom, or government restrictions. 2.8 Prohibited activities in context of the platform While using the website, the following is prohibited to: · Actions to access and use non-public parts of the platform (including content, course and data storage) · Any attempts to disable or circumvent any security-related features including probing, scanning or testing the vulnerability of any of our systems · Attempts or actions to copy, modify, reverse engineer any source code or content on the platform · Use of Bots · Send false source-identifying information, disrupt the access of other users, send a virus, spamming, or mail-bombing the platforms or related services 3 Privacy Policy By using the platform users agree to the terms of this Privacy Policy. 3.1 Data provided by users The platform has to manage the data users provide in order of the account registration and other activities on the platform. Furthermore, ANTEMIA GmbH has to collect data about purchase of content, products and services such as such as customer name and the billing address. When content is accessed, data is collected how the content is used in which time period etc. 3.2 Collected data We collect data about the users of the platform. This includes system data (IP address, device type, operating system, browser, browser language, domain, etc.) and usage data (statistics about content, pages visited, features used, search queries, etc.). 3.3 Data Processing The collected data is used to provide and improve our services, e.g., to process payments, to communicate with users, to learn from user behavior. Furthermore, specific data has to be stored required by law or necessary for safety and integrity. Data is collected and stored as long as it is needed to serve those purposes. 3.4 Data sharing with third parties Under specified circumstances, data that is collected on the platform is shared with third parties: ANTEMIA GmbH might share data collected on the platform with service providers, contractors, and agents (for example for payment processing, cyber security, data analysis, marketing services, email and hosting services), with third-party advertiser, and with business partners. If data is shared with third parties outside of the scope described in this document, the permission of the user is required. 3.5 Data security ANTEMIA GmbH takes appropriate security measures. This includes protection of collected customer data. However, these measures are dependent on the type of data. 4 Place of Jurisdiction and Applicable Law for Customers with Seat within Austria or Germany 4.1 The place of jurisdiction for all disputes arising in connection with the contractual relationship shall be the competent court in Graz. 4.2 Austrian law shall apply exclusively, to the exclusion of the UN Convention on the Sale of Goods of 11 April 1980, as amended from time to time. 5 Arbitration and applicable Law for Customers with registered Office outside Austria or Germany 5.1 The rules of arbitration of the International Chamber of Commerce http://www.wko.at/arbitration/ shall apply. 5.2 The losing party in the proceedings shall reimburse the winning party for the costs incurred in connection with the arbitration proceedings. In the event of partial defeat or victory, the costs shall be set off against each other or shared proportionately between the parties. 5.3 The place of arbitration shall be Vienna, the language of the proceedings shall be German. 5.4 The applicable substantive law shall be Austrian law to the exclusion of the UN Convention on the Sale of Goods of 11 April 1980 as amended from time to time. Status: 01/02/2024