1. General

• We, Proprio GmbH, FN 2374593y, Grinzinger Allee 15, 1190 Vienna, provide services to customers exclusively under the present General Terms and Conditions (hereinafter: GTC). The version valid at the time of the conclusion of the contract shall be authoritative.

• With the booking of the respective course by the customer, the customer places a training order specifying the training package offered by us. The contract is concluded in accordance with the following general terms and conditions only by confirmation of the booking by us.

• Agreements deviating from these terms and conditions must be made in writing to be legally effective.

2. Technical requirements
   

• In order to use the content and services, it is sometimes necessary to use certain technical systems such as terminal equipment, software programs, transmission paths, telecommunications and other services provided by third parties, which may incur further costs, in particular connection charges. Such connection and data transmission costs, such as the costs of the Internet connection, shall be billed and collected by the respective telecommunications provider in accordance with the applicable rates. The customer has to pay them separately to the respective provider. Proprio GmbH is not involved in this in any way. The creation of the technical requirements is also the sole responsibility of the respective customer.

3. Availability

• Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant or uninterrupted availability of our website and the services offered there. The Customer does not declare any claims and demands due to technical unavailability of the Service or due to software problems. Liability for the loss of data is excluded, unless such a loss was caused by us intentionally or through gross negligence.

• War, strikes, lockouts, operational and traffic disruptions, cessation of operations, fire damage, floods, shortages of workers and energy, accidents, official decrees or other cases of force majeure which prevent or hinder the provision of services shall release us from the obligation to provide services for the duration and to the extent of the disruption. The customer shall be entitled to compensation for non-performance at most to the amount of the real damage and excluding compensation for consequential damage or loss of profit and only if we are responsible for intent or at least gross negligence.

• Proprio GmbH is entitled to temporarily interrupt or completely stop the service. In particular, services offered free of charge may be terminated or interrupted, changed to a paid service, or otherwise modified at any time, in whole or in part, at our sole discretion. In the event of a foreseeable interruption or discontinuation of the offer, the user will be informed by Proprio GmbH in a timely manner by sending a message to the specified e-mail address. In the period of maintenance work, the services offered are not available or are only available to a limited extent.

4. Copyright

• The customer acknowledges that the contents provided – such as, in particular, texts, graphics, films, software, web pages, other multimedia works and the underlying programming – enjoy copyright protection. Any use requires the prior written consent of Proprio GmbH. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. The unauthorized reproduction or distribution of individual content or complete pages is not permitted and is punishable by law. This also applies to the commercial use, further distribution and imitation of the services offered as well as to the use for advertising purposes.

5. Rights of use

• Under the condition of payment of the user fees, Proprio GmbH grants the customer the necessary rights of use for the contractual use of the service used in each case and the learning content located there, in particular the texts, images, graphics and tables. The granting of rights is limited in time to the duration of the respective usage agreement. It is made with non-exclusive effect and is not transferable.

• The contractual use includes the loading, display and visualization of the content located on the platform for exclusively own learning and information purposes. A print function for other content offered on the online learning platform may be available, but printing is only permitted for personal learning and information purposes.

• An online publication, e.g. in dissertations, technical papers or teaching presentations is expressly permitted only after prior application and written approval by Proprio GmbH. Proprio GmbH is entitled to revoke all grants of rights made in accordance with this provision at any time with effect for the future.

• Proprio GmbH expressly reserves the right to change, supplement, delete or temporarily or permanently discontinue parts of the offer or the entire offer without prior notice.

• The user is not entitled to any use or exploitation beyond the express content of the contract. Any use beyond this, in particular the lending, renting or other sale, reproduction, distribution, broadcasting, making available to the public, transfer and processing of the software, database or content on which the service is based, is excluded and requires the prior consent of Proprio GmbH.

• It is expressly pointed out that the acquisition of the rights of use for all offered services exclusively includes the use by the customer himself. Making the content accessible to third parties is not permitted. The customer is responsible for any unauthorized use made of the content made available to him. In addition, the customer is obligated to inform Proprio GmbH immediately if he becomes aware of any unauthorized use by a third party.

6. Payment

• The terms of payment stated on the respective invoice shall be decisive. If the payment deadline is exceeded, we shall be entitled to demand 8% interest on arrears without providing evidence of any damage in this respect; we reserve the right to claim further damage or higher statutory interest on arrears.

• In the event of default, we shall be entitled to charge the customer for all costs associated with the collection of our claims, including the costs of engaging a lawyer, also for his extrajudicial activities, in accordance with the tariff. Non-compliance with the agreed terms of payment, incomplete payment of invoices, criminal proceedings and facts damaging to the reputation entitle us to refrain from executing the transaction, whereby any claims to which the customer may be entitled as a result of our withdrawal are limited to compensation for the actual damage, excluding compensation for consequential damage and lost profit.

• Payments shall only be deemed to have been made once they have been irrevocably credited to one of our accounts in accordance with the value date. If a customer is in default with the fulfillment of his payment obligations towards us, we shall be entitled to suspend the performance of services until receipt of payment. In any case, we shall have the right to set off payments against any outstanding claim without express dedication. In addition, we shall always be entitled to book even dedicated payments in the order of costs, interest, principal claim to the oldest claim in each case.

7. Prices

• Price quotations only reflect the status of the issue. Invoicing shall be based on the prices valid on the day of the order by the customer. The customer may withdraw from the transaction by giving 14 working days’ notice after becoming aware of the final service price. If the customer objects to this price adjustment, we shall be entitled to refrain from providing the service affected by the price increase without the customer being entitled to any compensation claims.

• The customer shall have a right to set-off against its own claims only in the event of our inability to pay or for counterclaims in legal connection with the customer’s liability and for claims that have been established or acknowledged by a court of law.

8. Liability

• The information provided in the course of service provision is provided to the best of our knowledge and belief. However, no liability is assumed for the timeliness, accuracy and completeness of the information provided. The application of the imparted knowledge is solely the responsibility and risk of the customer.

• Should the occurrence of damage be caused by us, our employees, representatives or one of our vicarious agents, the customer shall only be entitled to claim compensation if we are responsible for intent or at least gross negligence. This shall not apply insofar as we are responsible for bodily injury or damage to health or loss of life.

9. Place of performance and jurisdiction; applicable law

• The place of performance shall be Vienna; all legal questions arising out of or in connection with the contractual relationship, including the question of its valid conclusion and its preliminary and subsequent effects, shall be judged in accordance with Austrian law, excluding its conflict-of-law rules.

• It is agreed that the court having subject-matter jurisdiction in commercial matters for the first district of Vienna shall have exclusive jurisdiction.

10. Severability clause

• Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the other provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision.