General Terms and Conditions of dafly

Status: 25/09/2020

1. APPLICATION

1.1
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between dafly and customers who use the online learning courses and other services (hereinafter "ONLINE LERNKURS") on the website www.dafly.org (hereinafter referred to as "USER").

1.2
The version of the General Terms and Conditions valid at the time the contract is concluded is decisive. These are available to the customer for inspection at any time on the homepage www.dafly.org. Deviating, conflicting or supplementary terms and conditions, even if they are known, are not part of the contract, unless their validity is expressly agreed in writing before or when the contract is concluded.

2. COURSE FEE


The course fee for the ONLINE LEARNING COURSE is agreed as that which is announced to the USER in the following registration process for the ONLINE LEARNING COURSE. In the event of typing, printing and / or calculation errors, we are in any case entitled to withdraw.

3. CONCLUSION OF A CONTRACT

Contracts are concluded as follows:
The USER has the option of registering for the ONLINE LEARNING COURSE through the electronic online registration process. As soon as the USER completes all registration forms for the ONLINE LEARNING COURSE, he can pay for the ONLINE LEARNING COURSE by credit card. The contract points listed in the online registration process apply as an offer from dafly to the USER to conclude a contract for the selected ONLINE LEARNING COURSE. The USER accepts the offer by successfully completing the payment. This creates an effective contract.

4. PAYMENT, DUE DATE AND DEFAULT

4.1
The USER can choose between the following payment methods: credit card. An alternative payment method is only permitted after express, prior and written agreement.

4.2
In the event of default with only part of the purchase price, default interest of 4% is to be paid in the case of a consumer transaction, in the case of a bilateral business transaction default interest of 8% above the base rate set by the European Central Bank, as well as compound interest in the same amount afford to. The right to assert damage caused by default in excess of the interest remains reserved.

4.3
In the event of default, all expenses associated with the collection of the claims, such as reminder fees and the costs of judicial and / or extrajudicial representation, are borne by the USER. There is no obligation for dafly to issue a reminder.

5. NOTES ON ONLINE PAYMENT AND ONLINE PRODUCTS

5.1
All data obtained from the USER are treated as strictly confidential.

5.2
The entry of all data by the USER for the payment of the ONLINE LEARNING COURSE via credit card takes place in a browser window secured by SSL encryption.

5.3
Online payment requests are dealt with as soon as possible, usually immediately.

5.4
The USER is obliged to read or take note of notifications from dafly.

6. ESTABLISHING ACCESS AND AUTHORIZATION TO THE ONLINE LEARNING COURSE

6.1
As soon as the USER has made the payment for the ONLINE LEARNING COURSE, access to the ONLINE LEARNING COURSE ordered will be established immediately. If the timely establishment of access encounters difficulties for special reasons, the provision may take longer in individual cases, but no longer than 3 days. Please contact us by phone or email if access was not automatically established after payment. If the ONLINE LEARNING COURSE is not available at the time the contract is concluded, the USER will be informed of this without undue delay and the USER can withdraw from the contract. Claims by the USER from the impossibility of fulfilling the contract are excluded. In the event of such a withdrawal through math check, the USER will be reimbursed the course fee.

6.2
A price reduction cannot be claimed from a temporary, short-term unavailability of the ONLINE LEARNING COURSE (e.g. in the event of server problems or problems with the video hosting platform).

6.3
dafly undertakes to make access to the ONLINE LEARNING COURSE available for the contractually agreed period from the time the access is first established.

6.4
Unless expressly stated otherwise or agreed in writing with dafly, the buyer acquires access authorization for simultaneous use of the ONLINE LEARNING COURSE (single concurrent user).

6.5
Unless expressly stated otherwise or unless otherwise expressly agreed with dafly, the USER acquires a SINGLE CONCURRENT USER access authorization.

SINGLE CONCURRENT USER within the meaning of these terms and conditions means that the USER can register for the ONLINE LEARNING COURSE from no more than 2 different computers or from more than 2 different IP addresses within 24 hours.

If the USER logs on from more than 2 different IP addresses within 24 hours, this leads to his account being blocked for 48 hours.

If the USER violates this provision more than 2 times (SINGLE CONCURRENT USER), dafly is entitled to block the USER's account.

6.6
Access to the ONLINE LEARNING COURSE portal is highly personal. The USER is not permitted to pass on the access data or allow access to third parties in the absence of a prior, express and written agreement with dafly. The USER must ensure that his access data does not get into the hands of third parties.

6.7
The ONLINE COURSE is only released for private use (public demonstrations are not permitted), unless it has been expressly agreed in writing that the USER acquires a license that allows the public demonstration of videos on dafly (e.g. teacher license for school classes).

7. RIGHT OF WITHDRAWAL and TERMINATION

7.1
With the establishment of access to one or more ONLINE LEARNING COURSES, the service is deemed to have been provided. Withdrawal from this point in time is excluded. A USER who is a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG) has no right of withdrawal according to Section 5f number 1 of the KSchG if dafly begins to perform the service within seven working days of the conclusion of the contract. A USER who is not a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG) has no right of withdrawal according to Section 5f (1) KSchG.

7.2
The "monthly subscription" products can be canceled at any time by email at office@dafly.at. The notice period is 2 working days. This means that the cancellation must arrive 2 working days before the end of the period so that we can process the cancellation in good time before the end of the period. The subscription runs until the end of the last started and paid month.

8. WARRANTY

8.1
Due to a defect, the USER can initially only request improvement, unless the improvement is impossible or would involve a disproportionately high amount of effort for dafly.

8.2
If the improvement is impossible or involves a disproportionately high effort for dafly, the USER has the right to a price reduction or, provided it is not a minor defect, the right to conversion. The same applies if dafly refuses the improvement or does not do it within a reasonable period of time, if these remedies would be associated with considerable inconvenience for the USER or if they are unreasonable for him for valid reasons for which dafly is responsible.

dafly does not guarantee that no technical disruptions will occur in the operation of the portal. dafly also reserves the right to discontinue the ONLINE LEARNING COURSES at any time; However, this is without prejudice to the proper processing of contracts that have already been concluded. Despite all care and the use of the latest technology, dafly cannot guarantee that the servers will be accessible at all times.

The temporary failure or the temporary inaccessibility of these servers does not entitle the USER to withdraw or to claim damages.

9. DISCLAIMER OF LIABILITY

9.1
dafly’s contractual and statutory liability for damages due to slight negligence, regardless of the legal reason, is excluded.

9.2
The aforementioned limitation of liability does not apply to intentional or grossly negligent damage, in cases of mandatory legal liability (in particular in accordance with the Product Liability Act) and in the case of culpable bodily harm.

9.3
The USER is obliged to take appropriate measures to reduce damage.

9.4
dafly is also not liable for the content of the ONLINE LEARNING COURSE, in particular the formal or content-related correctness and legality of the statements, texts, images, audio or visual sound carriers, source texts, instructions, etc.

9.5
This disclaimer also extends to dafly’s liability for vicarious agents.

10. PRIVACY POLICY

10.1
The USER consents to dafly being able to determine, save and process the following personal data of the USER for the purpose of fulfilling the contractual relationships and providing our services: first name, last name, zip code, address, telephone number, email address , Internet address, date of birth, bank details, gender, IP addresses (log files), data on the PC, browser and mobile device.

10.2
You allow us to contact you by post, e-mail or telephone for the purpose of executing this purchase contract and for other important reasons such as a change to our provisions. We won't send you newsletters unless you sign up for it.

11. COPYRIGHT AND OTHER PROPERTY RIGHTS OF DAFLY

11.1
dafly reserves all rights to its deliveries and / or services, in particular the drafts, offers, projects, drawings, presentation documents, layout presentations, pictures, photos, graphics and the finished goods themselves. This also applies to parts of deliveries and services and all content of the website www.dafly.org (texts, images, graphics, sound, animation and video files as well as all other content and data made available by dafly on its website in which Briefly follow: "CONTENT OF THE WEBSITE"). Deliveries and services and CONTENT OF THE WEBSITE as well as parts thereof may not be used in a way that goes beyond the purpose of the contract. In particular, they may not be reproduced or made accessible to third parties.

11.2
With the creation of presentations, layouts and / or concepts, dafly does not grant the USER any rights of use or licenses, even if a fee has been paid for them. The passing on of the presentation document to third parties, the publication, duplication, reproduction or other use of the presented ideas and solutions is not permitted either in part or in total without the prior consent of dafly.

11.3
The USER recognizes the property rights of dafly, in particular patents and utility models or the property rights or registrations in other countries corresponding to the subject matter of these property rights.

11.4
The USER recognizes all industrial property rights from and to dafly.

11.5
The USER irrevocably undertakes not to violate dafly’s copyrights;

not to attack the property rights of dafly either directly or indirectly, yourself or through third parties;

not to register any property rights worldwide, in particular trademarks, utility models or patents or to have them registered or enforced by third parties that violate the property rights of dafly or are wholly or partially identical or confusingly similar or equivalent to them, and

not to copy or imitate dafly’s products or to have them copied or imitated by third parties.

11.6
For each case of contravention of one of the obligations under this item 11, the USER irrevocably undertakes to pay dafly a contractual penalty of EUR 2,000.00 (in words: EUR two thousand) independent of fault and the occurrence of damage, whereby claims beyond this amount, in particular claims for damages or claims for invoicing, appropriate remuneration and injunctive relief claims by dafly remain unaffected.

12. WITHDRAWAL OF ACCESS RIGHTS

12.1
If dafly has justified suspicion that the portal has been used unauthorized or improperly, dafly has the right to take appropriate measures after attempting to contact the USER. These measures include in particular, but not exclusively, deactivating the USER account concerned and restricting and denying access to the ONLINE LEARNING COURSE and the dafly portal.

12.2
An unauthorized or improper use of the portal by the USER exists if the USER takes one of the following actions in particular, but not exclusively:

The transmission, installation or uploading of any form of viruses, advertising, communication or similar things that can adversely or unfavorably even influence the use of ONLINE LEARNING COURSES or the portal or its server;

The recording, downloading, saving, uploading, printing or any other type of recording of information and / or content made available through the portal, with the exception of the content / information that is expressly made available for this purpose;

Enables another USER or a third party to use or access the portal using the USER's access data.

Copying, modifying, reconstructing, changing, creating derived variants of the software, information, texts, images and the source or HTML code.

The removal or modification of copyright and trademark notices and legal information;

Share the content of the portal with another person; To use “mirror”, “frame” or similar technologies or to “deep link” the contents of the portal or to attempt to do so;

Violates the security system of the portal or tries to do so; accesses or attempts to access data or servers for which there is no access authorization, as well as otherwise unauthorized access to the portal.

Uses software or other means to collect information about the portal or its USER;

Presents the identity or personal data of the buyer incorrectly or inaccurately; forges any TCP / IP packet header or any other part of the header information in any email to make it appear as if the email was from dafly;

Makes obscene, inflammatory, pornographic, defamatory, immoral, violent or illegal statements on the portal, or places such information on the portal, or publishes such details and information in any other way through the portal;

Advertises products or services on the portal.

12.3
In order to ensure that users refrain from the behavior / actions mentioned in point 12.2, dafly reserves the right to monitor the behavior of USERS when using the portal.

12.4
If dafly deactivates a USER account or restricts it or denies the USER access to the ONLINE LEARNING COURSE on the basis of this provision (point 12), the USER is not entitled to reclaim any payments from dafly.

13. PLACE OF PERFORMANCE, APPLICABLE LAW, PLACE OF JURISDICTION

For all contractual relationships between the USER and dafly, Austrian law applies exclusively to the exclusion of the UN Sales Convention and any IPR legal references or referrals.

According to § 14 KSchG, the local court in whose district the domicile, habitual residence or place of employment of the consumer is located is responsible for the decision of all disputes arising from the present general terms and conditions as well as contracts based on them.

13.1 Complaints Procedure
Based on Regulation (EU) No. 524/2013 on the online settlement of consumer disputes, the European Commission provides a platform for the out-of-court settlement of online disputes at http://ec.europa.eu/consumers/odr/.

14. SEVERABILITY CLAUSE


Should any provision of these terms and conditions be or become void, ineffective or unenforceable in whole or in part, this shall not affect the effectiveness and enforceability of all remaining provisions. The void, ineffective or unenforceable provision is, as far as legally permissible, to be regarded as being replaced by a valid, effective and enforceable provision that comes closest to the economic purpose pursued by the void, ineffective or unenforceable provision in terms of measure, time, place or scope. The same applies to any gaps in these terms and conditions.