for the use of the Graser Consulting GmbH E-learning Platform.
- Scope
- The present general terms and conditions (hereinafter referred to as “GTC”) regulate the use of the e-learning platform provided by Graser Consulting GmbH, Schottenfeldgasse 22/14, A-1070 Vienna, www.graser.co.at (hereinafter referred to as “Graser Consulting GmbH”) and the services based on it.
- By registering with Graser Consulting GmbH, the user accepts these terms and conditions.
- The GTC also apply to the use of Graser Consulting GmbH on mobile devices.
- Subject
- Graser Consulting GmbH provides users with an e-learning platform that includes two different services:
- The authoring tool as a web platform with which e-learning courses can be created; In the following, users are named authors;
- The e-learning platform on the Graser Consulting GmbH website with which these courses can be used; are referred to below as users;
- To be able to use the services in the authoring tool, the user must register with Graser Consulting GmbH.
- To use courses on the e-learning platform, the user must register with Graser Consulting GmbH. Graser Consulting GmbH is free to offer courses without login.
- The user can use the same account for all services offered by Graser Consulting GmbH. To do this, they must register once, irrespective of which of the three services is used for this registration.
- The creation of courses in the authoring tool itself is free of charge. To get a paid course can be purchased on the Graser Consulting GmbH website in the e-learning platform.
- Graser Consulting GmbH provides users with an e-learning platform that includes two different services:
- Rights and obligations of the user
- Registration with Graser Consulting GmbH requires certain user information. The users undertake to provide their information completely and truthfully.
- The user may not use Graser Consulting GmbH E-Learning for his own or third-party commercial purposes whatsoever, unless Graser Consulting GmbH has expressly permitted it.
- The user is obliged:
- to use only true and non-misleading information in his profile and not to use pseudonyms or artist names,
- to observe the applicable laws and all third-party rights when using the content and services.
- When registering, the user chooses a password. The user is obliged to keep his access data secret. If the access data is lost or disclosed to third parties, the user immediately informs Graser Consulting GmbH, who will block the access data and provide the user with new access data. Graser Consulting GmbH will not disclose the password to third parties or ask the user to provide the access data.
- The user is responsible for notifying changes in their user data immediately.
- The following actions are prohibited to the user:
- Publication and distribution of content that is generally considered obscene, offensive, damaging to the reputation, shocking, pornographic, harassing, racist, xenophobic, or otherwise reprehensible.
- Publication and distribution of content that could be advertising for third parties, especially for sex, SMS or MMS services, personal loans, medicines, alcohol, or tobacco.
- Publication and distribution of content intended to harm third parties, e.g. a request for phishing or instructions to produce computer viruses, trojan horses, spyware or similar.
- Unreasonable nuisance to other users, especially spam.
- Request from other users to disregard these terms of use.
- Seductive or sexually oriented communication (explicit or implicit).
- Publication and distribution of copyrighted material without the consent of the rights holder.
- Publication and distribution of content that violates trade secrets, patent, trademark, or other property rights.
- Rights and obligations of Graser Consulting GmbH
- Graser Consulting GmbH is entitled to delete the content posted by users without prior notice if it violates legal regulations or these terms and conditions.
- Graser Consulting GmbH reserves the right to change, supplement or offer different services.
- Graser Consulting GmbH cannot technically determine the identity of a user and therefore does not guarantee the identity of the user.
- Graser Consulting GmbH is entitled to block or delete user accounts that have not been used for 12 or more months.
- Copyright
- Graser Consulting GmbH respects the intellectual property of third parties. If third parties believe that their works have been reproduced, distributed, or made available to the public without authorization, Graser Consulting GmbH must be informed immediately. Graser Consulting GmbH is entitled to delete the affected material immediately.
- Graser Consulting GmbH assumes no responsibility or liability for any loss or damage resulting from copyright infringement by the user.
- Term and termination
- The user can request their account to be deleted without stating reasons.
- If there is an important reason, Graser Consulting GmbH can immediately block a user’s account, delete the content published by the user and withdraw access to the services of Graser Consulting GmbH. The following events are particularly important:
- Non-compliance by the user with legal regulations.
- Violation of the user’s obligations, in particular section 3 of these terms and conditions.
- Significant damage to the image of Graser Consulting GmbH due to the content provided by the user.
- User advertising for associations or communities – or their methods or activities – that are observed by security or youth protection authorities.
- Damage to other users.
- Graser Consulting GmbH reserves the right to stop offering its services. In this case, the user will be informed within a useful period and as early as possible.
- If nothing different has been agreed in writing, Graser Consulting GmbH and the user can terminate the contractual relationship in writing at any time without giving reasons. If Graser Consulting GmbH unilaterally terminates the contractual relationship from point 6.2; Graser Consulting GmbH will reimburse the purchase price or, for time-limited services, the purchase price for the service period that has not yet expired. In this case, the user will receive all the data they have created and collected in connection with their account.
- Responsibility for the content of the users
- Graser Consulting GmbH assumes no responsibility for the content, data and/or information posted by users, as well as for content on linked external websites.
- Liability
- If a user publishes or distributes content that violates the law and the terms and conditions described here, they are obliged to pay for the resulting damage and costs. The liability of Graser Consulting GmbH for official measures is borne by the user, who is responsible for the official intervention.
- Graser Consulting GmbH is under no circumstances liable for content, especially not for errors, inaccuracies, or incompleteness, as well as not for losses or damage caused by the use of content published or disseminated with Graser Consulting GmbH.
- Graser Consulting GmbH is not liable for the temporary unavailability of the services, the failure of individual or all functions, and not for malfunctions
- Exemption
- The user releases Graser Consulting GmbH from all claims or claims against Graser Consulting GmbH due to a violation of rights:
- through the content set by the user on www.graser.co.at or
- be asserted by using the services of Graser Consulting GmbH.
- The user releases Graser Consulting GmbH from all claims or claims against Graser Consulting GmbH due to a violation of rights:
- Data protection
- Graser Consulting GmbH respects the privacy of users. When collecting and processing personal data, the provisions of the EU General Data Protection Regulation and Austrian data protection legislation are observed.
- Details on the processing of user data are regulated in the data protection regulations of Graser Consulting GmbH at www.graser.co.at. These are part of these terms and conditions.
- Paid offer
- Certain courses on the e-learning platform are subject to a fee. The purchase of such a course is linked to your Graser Consulting GmbH account and cannot be linked to any other Graser Consulting GmbH account afterwards.
- The prices for places are calculated in EUR and are understood from the time of the sales tax obligation of Graser Consulting GmbH including VAT.
- Final provisions
- Graser Consulting GmbH reserves the right to change these terms and conditions at any time.
- Should individual regulations of these terms and conditions be or become ineffective, the effectiveness of the remaining regulations is not affected.
- The place of performance is the registered office of Graser Consulting GmbH.
- Place of jurisdiction is Vienna.
- All legal relationships between the user and Graser Consulting GmbH are subject to Austrian law.
Graser Consulting GmbH
GTC as of May 2020