Offer Agreement (User Agreement)
Offer to conclude a contract to an unlimited number of persons
edited on June 18, 2023
This document, posted on the Internet at www.viennaintouch.com/girls-summer-camp-23, is an official offer (hereinafter referred to as the "Offer") VAT number: ATU78991316, being the taxpayer of professional income tax (self-employed) (hereinafter referred to as the "Provider") to conclude a contract on the terms described in this Offer.
General Provisions- Physical and legal persons can respond to the Offer and conclude a contract. Such person must be capable of acquiring, exercising, and assuming rights and obligations, i.e., be a capable natural person or a legal entity with legal capacity.
- The contract can only be concluded with the full acceptance of the terms of the Offer. Partial acceptance of the terms of the Offer is not allowed. To conclude the contract, it is necessary to explicitly agree to the terms of the Offer. For this purpose, the Customer only needs to pay the Provider's remuneration for the Services provided, based on the payment terms on the Provider's website (Acceptance of the Offer).
- Payment of the full cost of services or partial payment to the Provider, provided in accordance with the terms of the Offer, can be made by clicking the "Pay" button or any other button with similar content, located on the Provider's website at www.viennaintouch.com/girls-summer-camp-23. The fact of payment will be considered as confirmation that the payer fully and unconditionally agreed to the terms of the Offer. After receiving payment from the Provider, the contract will be considered concluded, the payer will become the Customer under the contract, and together with the Provider, they will be considered the Parties to the contract.
- By paying the cost of the Provider's services, the Customer:
- guarantees the accuracy and relevance of the information provided about themselves;
- guarantees that they are a capable natural person or a legal entity with legal capacity;
- agrees that they are solely responsible for any consequences arising from providing false, inaccurate, or incomplete information about themselves. The date of conclusion of the contract (acceptance of the Offer) is considered the date of crediting the payment for the provision of services by the Provider to the Provider's account specified in this Offer, in accordance with the payment terms on the Provider's website.
5.The terms of this Offer apply only to the Services whose information is posted on the Website, where a link to the text of this Offer is placed. The information on the Website is an integral part of the terms of the Offer. If the information on the Website contradicts the terms of the Offer, then the information posted on the Website should be used.
Terms and Definitions Offer - an offer to conclude a contract for the provision of services to an unlimited number of persons regarding access to the Club and access to informational and advisory materials in the Club, concluded by the Customer through Acceptance. The Offer is posted on the Internet at the following address: https://viennaintouch.com/termsofservice
Acceptance of the Offer - is the full acceptance of all terms of the contract by the Customer.
Contract - a contract for the provision of services regarding access to the Course and informational and advisory materials of the Course between the Provider and the Customer.
Performer - a company that provides services.
Customer - an individual wishing to receive the Performer's Services.
Services/Service - a set of actions aimed at providing the Customer with informational and advisory materials.
Course - a closed group (chat) on the Telegram messenger and an electronic platform on Tilda, where the Customer is provided with informational and advisory materials in accordance with the subject of the Contract.
Informational and advisory materials - information provided to the Customer in the Course in the form of text, voice messages, and/or videos, live broadcasts (depending on the purchased tariff).
Website - a web page on the Internet, located at https://viennaintouch.com/girls-summer-camp-23, which provides a complete description of the Service. The Website is owned and administered by the Provider.
Email - contact@viennaintouch.com - the Provider's email address for sending letters regarding organizational matters listed in the Contract.
The Contract may use terms that are not defined in this section of the Offer. In such cases, the interpretation of the terms is carried out in accordance with the text and meaning of the Contract, as well as the legislation of Austria.
2. Subject of the contract2.1. The Provider undertakes to provide the Customer with Services for accessing the Course for the chosen period, during which informational and advisory materials on Business, Business Thinking, Self-Esteem, Life Balance (in a remote format) are posted. The Customer undertakes to pay the Provider remuneration on the terms provided in the Contract. The specific content of informational materials is determined solely by the Provider.
2.2. All information about the Services, amount, payment procedure, tariffs, content, and provision of the Services is provided in this Contract and on the Provider's Website. If the information on the Website contradicts the terms of the Contract, the information posted on the Website should be used.
2.3. The Provider provides access to the Course for the number of months chosen by the Customer in accordance with the terms of the Contract and the information on the Website. The provision of services is calculated starting from the date of access to informational and advisory materials in the club.
2.4. The necessary information about the Services may be changed at the discretion of the Provider. Changes made by the Provider regarding the information about the Services do not apply to Services that have been paid for by the Customer prior to the occurrence of the changes. By continuing to use the Services after receiving the corresponding notification, the Customer agrees to the new changes.
2.5. The Customer fully understands that under no circumstances can the Provider be held responsible for the Customer's use of the information provided in the club.
3. Service Provision Procedure3.1. The Service Provider shall provide the Services to the Customer only upon payment of the remuneration specified in the terms of the Agreement. Payment for the Service Provider's Services shall be made using the payment services available on the Website or by transferring the remuneration amount to the Service Provider's bank details. The Service Provider may conduct promotions, offer discounts, which shall be clearly indicated on the Website. The payment date shall be the day on which the payment is received by the Service Provider in accordance with the terms of the Agreement.
3.2. The Services shall be provided individually to the Customer (or the representative for legal entities), unless otherwise agreed by the Parties.
3.3. The dissemination of information and consultation materials provided to the Customer to third parties without the Service Provider's consent is not allowed. In the event of the discovery of copying, sharing access, reproduction, or distribution of materials obtained as a result of the provision of Services, in whole or in part, without the prior consent of the Service Provider, the Customer shall be liable for a penalty as stipulated in clause 6.7 of the Agreement, in addition to any damages determined in accordance with Austrian law.
3.4. The non-alignment of the content of information and consultation materials provided in the Club with the subjective expectations of the Customer is not a basis for evaluating the quality of the Services provided.
3.5. In the event of any claims regarding the quality of the Service, the Claim must be submitted no later than the 26th of July of the month following the month in which access to information and consultation materials in the Club was provided. Failure to submit a claim within the specified period shall be deemed as the Customer's acceptance of the Service Provider's performance in full.
3.6. The Customer is not entitled to demand a refund if they were unable to access the information and consultation materials of the course provided by the Service Provider.
3.7. In case the Customer refuses the provided access to the Course and the informational-consultative materials of the Course, the monetary portion (the remuneration of the performer) is non-refundable. Provided that the Performer renders services to the Customer, the service is considered fully rendered after sending access to the Course via the platform and the closed channel on Telegram to the Customer's email. The Course materials will be available in their entirety until August 15th at the latest. Course modules will be gradually unlocked on the platform.
4. Rights and Obligations of the Parties4.1. The Performer must:4.1.1. Provide access credentials to the Course and informational-consultative materials posted in the course.
4.1.2. Publish informational-consultative materials in the Course for the Clients' review. In the event that the Performer decides to suspend the publication of informational-consultative materials in the Course due to the impracticality caused by economic, political, social, and other events, changes in the world affecting investment and financial matters, the Performer extends the Client's access to the informational-consultative materials of the Course. The duration of such extension is determined individually by the Client in each specific case, taking into account the circumstances.
4.1.3. Respond to the Client's organizational and technical questions regarding the provision of access to the Course via email. The response time should not exceed 5 business days.
4.1.4. Terminate the Client's access to the Course without refunding the Performer's compensation in case of the Client's violation of clause 4.3.8 of the Agreement.
4.1.5. The Performer is responsible for the storage and processing of the Client's personal data, ensuring the confidentiality of such data. The procedure for collecting, storing, and processing personal data is described in the privacy policy posted on the Website.
4.2. The Performer is entitled to:4.2.1. Request additional information from the Customer that is necessary for the fulfillment of obligations.
4.2.2. Suspend the Customer's access to the Course if it is caused by technical, technological, or other reasons that impede their normal functioning, for the duration of eliminating such reasons.
4.2.3. Notify the Customer of upcoming events and new products by any available means.
4.2.4. Use information about the Customer's study of Course materials for marketing purposes, including publication of information in any information sources, such as:
- Customer's study of informational and advisory materials in the Course,
- the fact of the Customer's use of information obtained in the Course,
- photos and videos featuring the Customer,
- Customer's questionnaire data,
- links to the Customer's social networks.
The Customer has the right to limit the list of information by sending a corresponding notification to the provided email address.
4.2.5. Engage third parties and use third-party services to fulfill the accepted obligations.
4.3. The Customer is obligated to:4.3.1. Pay for the Performer's Services in accordance with the conditions of the Agreement. The cost of the Performer's Services for providing access to the Course is indicated on the Website.
4.3.2. Provide the Performer with the necessary information to fulfill the obligations and study the informational and advisory materials. When sending any notifications to the Performer, the first message must include the following information:
- Customer's full name,
- Date of payment of remuneration,
- Order number,
- Service name,
- Email address provided during registration.
4.3.3. Inform the Performer of all circumstances that affect the fulfillment of the Parties' obligations.
4.3.4. In the event of a change in contact information (full name, email address, phone number, etc.), notify the Performer of the corresponding changes by sending an email marked "Updating contact information."
4.3.5. Independently and timely review the conditions for accessing the Course, as well as any changes to these conditions each time the Website is visited after making a payment.
4.3.6. Not distribute (publish, post on the Internet, copy, transmit, or resell to third parties) the Course materials, nor create informational products based on these materials or use them in any other way, except for personal use by the Customer. In case of discovering any unauthorized use of the Course materials without prior consent from the Performer, the Customer will be held liable for a penalty as specified in section 6.7 of the Agreement, in addition to damages determined in accordance with Austrian legislation.
4.3.7. Do not transfer your access right to third parties.
4.3.8. Observe the rules of conduct for Course participants. Within the Course's information environment and during interactions with the Performer and other Course participants, the following actions are prohibited:
- Using coarse and/or offensive language.
- Insulting other participants, the Performer, and their employees.
- Causing harm to the Performer's reputation.
- Engaging in spamming or advertising third-party projects.
- Discussing topics unrelated to the Course with other participants.
- Taking actions that may hinder or make it impossible to conduct individual or group activities effectively within the Course.
- Obtaining unauthorized access to Informational Materials.
- Copying, transmitting, selling, or distributing Informational Materials.
4.4 The Customer has the right to:4.4.1. Demand that the Performer complies with the terms of the agreement.
4.4.2. Send an email refusing to agree to new terms of the Offer. Such email must be sent within 2 days from the moment of receiving notification about changes in the terms of the Offer. If the Customer does not agree to the changes in the terms of the Offer, then, if technically feasible, the agreement is considered concluded under the previous conditions, without any changes. If the Performer is unable to fulfill their obligations under the previous conditions, then the agreement is considered terminated, and the Performer's remuneration is subject to proportional refund for the unused access period to the Course.
4.4.4. Disseminate information about their study of informational and consulting materials through any available means without providing detailed information about the methods and approaches offered by the Performer in the Course.
5. Payment procedure5.1. The cost of the Performer's Services for access to the Course and the informational and consulting materials posted in the Club is indicated on the Website.
5.2. The Performer's Services are not subject to VAT.
5.4. Payment for the Performer's Services is made by non-cash method to the Performer's bank details specified in Section 10 of the Agreement, or through payment services available on the Website. The date of payment is the day of receipt of payment by the Performer's account in accordance with the terms of the Agreement.
6. Liability of the Parties6.1. The Parties are liable in accordance with the Agreement and the applicable legislation of Austria. The liability of the Performer cannot exceed the received compensation.
6.2. If the Performer fails to fulfill their obligations due to the Customer's non-compliance with the terms of the Agreement, the Performer shall be released from liability.
6.3. The Performer is not responsible if the Customer is unable to use the Services due to providing incorrect data during registration on the Website.
6.4. The Performer is not responsible for any discrepancy between the Services provided and the Customer's expectations. The subjective assessment of the Customer cannot serve as a basis for refunding money.
6.5. The Customer acknowledges that the information obtained during the provision of the Services is purely informative and advisory in nature. The Performer is not responsible for the results of the Customer's use of the obtained information.
6.6. The liability of the Performer is limited to the amount of compensation received by the Performer under the Agreement.
6.7. The Services are provided exclusively to the Customer. In case of reproduction, copying, recording, or distribution of materials obtained by the Customer during the provision of the Services to third parties, a penalty of 10,000 euros (ten thousand euros) is imposed for each violation. The Performer is entitled to claim damages or compensation provided by the legislation of Austria for the unauthorized use of their intellectual property in addition to the penalty amount.
6.8. The Performer is not responsible for the quality of communication channels and the uninterrupted operation of third-party services, networks, platforms, and informational resources through which the Customer is granted access to the Course.
7. Force Majeure7.1. The Parties shall be released from liability for the complete or partial non-performance of obligations under this Agreement if such non-performance is a result of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that:
- directly affected the ability to perform obligations, and
- could not have been prevented by reasonable measures (force majeure).
7.2. Entrepreneurial risks, financial and economic crises, currency exchange rate changes, national currency devaluation, counterparty bankruptcy, arrest or suspension of account operations cannot be considered force majeure circumstances. The introduction of prohibitive (restrictive) measures by international and/or state (municipal) authorities, including in the case of mass diseases (epidemics, epizootics, pandemics), can be regarded as force majeure circumstances only if the impossibility of performing specific obligations within the specified time frame is causally related to the actions of these measures.
7.3. In the event of force majeure circumstances, the Party referring to these circumstances as the basis for exemption from liability must notify the other Party in writing within 5 (five) calendar days of the occurrence of such circumstances. Such notification must contain information about the nature of these circumstances and an assessment of their impact on the ability to perform obligations under this Agreement. Failure to provide such notification or a delay in its submission deprives the Party of the right to rely on these circumstances as grounds for exemption from liability, except in cases where the force majeure circumstances themselves prevented the timely notification.
8. Terms of Conducting and Providing Offline Events for the VIP Package8.1. The cost of the events is non-refundable if the Customer fails to attend the event due to their own fault or circumstances.
8.2. An event is considered the organization of a meeting between the Customer and the Performer, as well as other participants of the Course, by any possible means.
8.3. The topics of the events are specified on the website and may include additional topics.
8.4. The Performer is entitled to conduct photo and video shoots at the events for commercial purposes.
8.5. The date and venue of the event will be published in a private Telegram channel no later than 2 weeks prior to the event.
8.6. In the event that the Performer decides to reschedule the event for certain reasons, the Customer will be notified via email.
9. Dispute Resolution9.1. The Parties shall attempt to resolve disputes through negotiations.
9.2. The Parties agreed that the pretrial procedure is mandatory in the event of a dispute. In order to identify the sender, the Customer shall send a signed scanned copy of the claim and a document verifying their identity (for individuals) to the Performer's email. The Performer is entitled to use the Customer's email address to send claims. The period for considering and responding to the claim shall be 14 (fourteen) business days.
9.3. If the Parties fail to settle the dispute through the pretrial procedure, the dispute shall be considered by the court at the location of the Performer.
10. Final Provisions10.1. The Agreement shall remain in effect until both Parties have fulfilled all their obligations.
10.2. If any provision of the Agreement is deemed invalid or illegal, it shall not affect the validity of the remaining provisions of the Agreement.
10.3. The Parties agree that all correspondence conducted by them using the Performer's email and the Customer's email specified during registration on the Website is legally significant for the Parties and has the force of official statements by the Parties.
10.4. In all matters not provided for in this Agreement, the Parties shall be governed by the current legislation of Austria.
11. Performer's DetailsGanna Pazhyvilka e.U.
Registration Address: Austria, Kaiserstrasse 68/42, 1070 Vienna
VAT: ATU78991316
Tax ID: 03715/1909
Bank: Erste Bank AG
IBAN: AT452011183837954700
Email: contact@viennaintouch.com