General terms and conditions (GTC) — trainings & courses
1. Scope
1.1 These general terms and conditions (GTC) apply to all contracts for booking and participation in coaching, online courses, face-to-face courses, workshops, digital content and other educational services offered via this website.
1.2 Deviating terms and conditions of the customer do not apply unless the provider expressly agrees to their validity in writing.
1.3 The offer is aimed both at consumers within the meaning of the Consumer Protection Act (KSchG) and at entrepreneurs within the meaning of the Companies Code (UGB).
2. Vendors, Contracting Parties and Distribution of Roles
2.1 The coaching, courses and content offered on this website are provided by:
Johannes Kouba, BSc — Critical Knowledge
Goschweg 3
2542 Kottingbrunn
austria
UID: ATU79101703
(hereinafter referred to as “provider”)
2.2 The technical provision of the website, administration, online marketing, design services and payment processing are carried out by:
XVXII Diamond GmbH
Fasangasse 36
2423 German Jahrndorf
austria
Commercial register number: FN 495883 s
UID: ATU73498734
(hereinafter referred to as “Payment and Processing Agent”)
2.3 The sole contractual partner for all coaching and course services is the provider (Johannes Kouba, BSc — Critical Knowledge). XVXII Diamond GmbH is not a provider of coaching or course services and does not provide any content services.
2.4 The payment and processing agency acts as a technical payment and settlement agency (collection agency) on behalf of the provider. Payments can therefore be processed by XVXII Diamond GmbH without creating a contractual relationship between the customer and XVXII Diamond GmbH regarding the course performance.
3. Subject matter of contract and service description
3.1 The subject of the contract is participation in coaching, courses or digital content described on the website.
3.2 The main content, duration, dates, participation requirements and prices are set out in the respective course description on the website.
3.3 The provider is entitled to adapt content and process to a reasonable extent, provided that this does not significantly change the overall nature of the service.
4. Conclusion of contract
4.1 The presentation of the services on the website does not represent a legally binding offer, but a non-binding invitation to book.
4.2 By completing the order process (e.g. clicking on “Book now”, “Register now” or comparable buttons), the customer makes a binding offer to conclude a contract.
4.3 The contract is concluded as soon as the provider has confirmed the booking or the payment has been successfully completed.
5. Prices, payment processing and due date
5.1 All prices are in euros. Unless expressly stated otherwise, prices include statutory sales tax.
5.2 Payment is processed via Stripe. The payment method is charged immediately upon completion of the booking.
5.3 Depending on the offer, the customer can pay by credit card, instant transfer, Apple Pay, Google Pay or other payment methods offered by Stripe.
5.4 The Payment and Processing Agent (XVXII Diamond GmbH) is entitled to receive and further process payments on behalf of the provider.
6. Access to digital content and user account
6.1 In the case of digital content or online courses, the customer receives access to a learning platform or digital content after successful payment.
6.2 The customer is obliged to keep access data confidential and not to pass them on to third parties.
6.3 Multiple use by third parties, transfer of course materials or access data is prohibited.
7. Customer's obligations to cooperate
7.1 The customer is obliged to provide the conditions required for participation (e.g. Internet access, suitable devices, software) himself.
7.2 The customer is obliged to follow the provider's instructions in courses and coaching, in particular as part of practical exercises.
8. Right of withdrawal/withdrawal (consumer)
8.1 Consumers are generally entitled to a statutory right of withdrawal in accordance with the Distance and Outward Transactions Act (FAGG).
8.2 In the case of digital content that is not delivered on a physical data carrier, the right of withdrawal expires if:
- the customer expressly agrees that the execution of the contract will begin before the cancellation period expires, and
- The customer confirms that he loses his right of withdrawal as a result.
8.3 In the case of services (e.g. coaching) that are provided in full within the cancellation period, the right of withdrawal expires if the customer expressly requests that the service be started before the cancellation period has expired.
8.4 Details of the withdrawal can be found in the cancellation policy on the website.
9. Cancellation, rebooking and refund
9.1 The respective refund and cancellation conditions published on the website (“Refund Policy”) apply. These are part of these terms and conditions.
9.2 Unless otherwise stated, the following applies:
A refund after the start of a course, coaching or after activation of digital content is excluded.
9.3 Bookings to other dates may be made subject to availability and approval by the provider.
9.4 Refunds will be made — if provided — using the original means of payment. The technical rescission can be carried out via the payment and processing agency.
10. Cancellation, change of date and force majeure
10.1 The provider is entitled to cancel or postpone courses for good cause, in particular in the event of illness, force majeure, official measures or an insufficient number of participants.
10.2 In this case, the customer will be offered an alternative date or — if this is not possible — the amount paid will be refunded.
10.3 Further claims (e.g. travel or accommodation costs) are excluded, unless there is intent or gross negligence.
11. Liability
11.1 The provider is only liable for damage in the event of intent or gross negligence. In the event of slight negligence, the provider is only liable for breaches of essential contractual obligations (cardinal obligations) and only for foreseeable damage.
11.2 Liability for lost profit, indirect damage or subsequent damage is excluded to the extent permitted by law.
11.3 Participation in practical training (e.g. scenario training) is at your own risk. The customer must ensure appropriate clothing and personal care.
11.4 The payment and processing agency is only liable for the proper technical processing of the payment, but not for the implementation or content of the course services.
12. Copyright and rights of use
12.1 All course materials, content, videos, scripts and materials are protected by copyright.
12.2 The customer receives a simple, non-transferable right of use exclusively for personal use.
12.3 The transfer, reproduction, publication or commercial use of the content is prohibited without the written consent of the provider.
13. data protection
13.1 Information on the processing of personal data is regulated in the privacy policy.
13.2 The customer acknowledges that personal data will be transmitted to Stripe for payment processing.
14. Final provisions
14.1 Austrian law applies to the exclusion of the UN sales law.
14.2 The place of fulfilment is the provider's registered office.
14.3 For entrepreneurs, the place of jurisdiction is the competent court at the provider's registered office.
14.4 Should individual provisions of these terms and conditions be or become invalid, the effectiveness of the remaining provisions remains unaffected.
15. Medical advice and personal responsibility
15.1 The training, coaching and courses offered are intended to provide emergency knowledge and practical first aid skills. They do not represent medical education in the sense of state-recognized medical vocational training.
15.2 The content does not replace medical advice, diagnosis or treatment.
15.3 Participation in practical exercises is at your own risk. The participant declares that they are fit for participation in terms of health.
15.4 The provider assumes no liability for damage caused by improper use of the content provided outside of training.
16. Requirements for participation and exclusion
16.1 Unless otherwise stated, the minimum age for participation is 18 years.
16.2 The provider is entitled to exclude participants from training in the event of gross misconduct, safety risks or failure to comply with instructions.
16.3 In this case, there is no right to a refund.
17. Photo and video recordings
17.1 As part of face-to-face training, photo and video recordings can be made for documentation and marketing purposes.
17.2 Participants can object to the use of their recordings in writing at any time.
17.3 Details can be found in the privacy policy.
Provider/ Contact
Johannes Kouba, BSc — Critical Knowledge
Goschweg 3
2542 Kottingbrunn
austria
UID: ATU79101703
Payment and settlement agency
XVXII Diamond GmbH
Fasangasse 36
2423 German Jahrndorf
austria
FN 495883 s
UID: ATU73498734