Terms & Conditions

Terms and Conditions for Registered Users of Online Events (Summits)

By Registering for an online event on Grownlearn you agree to the General Terms and Conditions of the Grownlearn Website. In addition, you agree that your contact details be provided to the host of each webinar you register for within the scope of the summit.

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The current Terms and Conditions apply to the use of products and services provided to the users and customers of the web-based website Grownlearn, owned by Kaltenhauser Online GmbH & CoKG, VAT Number: ATU71071626 (Company). The Terms and Services regulate the relationship between the Users and the Company.

I. GENERAL PROVISIONS. MAIN DEFINITIONS

1. Grownlearn is a web-based system that enables users to purchase courses and consultations with Consulting Professionals online, who offer and deliver services that are exemplified, and are not limited to those in Section III of these Terms and Conditions.

2. Grownlearn performs the administration and the mediation in the process of payment of the service selected by the user, provided by the respective Consulting Professional.

3. Grownlearn is a provider of technology that facilitates the access, billing and payment of online consulting services (provided by Consulting Professionals) through the website.

4. These Terms of Use (hereinafter General Terms and Conditions) govern the relationship between the Company as the owner of the Grownlearn website and any person (hereinafter referred to as the “User”) who uses the Grownlearn website website, and/or the products and the services provided through it.

5. Consulting Professionals are coaches, mentors, business consultants, counselors, mediators, family therapists, occupational therapists, personal and career development specialists and other specialists (please refer to “Consulting Professionals” below).

6. Consulting Professionals are not Grownlearn employees. The Consultant has personal and full responsibility for the quality of the service one provides.

7. Consulting Professionals offer and provide services that are exemplified and are not limited to those in Section III of these Terms and Conditions.

8. The services subject to these General Terms and Conditions provided by the Company to the User include services previously designated by the Company and as being available under a particular usage regime.

9. The products subject to these General Terms and Conditions include products previously designated by the Company and available under a certain use/ provision scheme.

10. “User”, within the meaning of these General Terms and Conditions, is any legally enforceable physical or duly registered legal entity.

11. These Terms and Conditions are published on the Grownlearn.org website and are deemed to have been accepted by the User with the fact of entering the Website.

12. “Partner” is any person with whom the Company, owner of Grownlearn, is in a contractual relationship, which is entitled to provide additional information about the goods and services it provides to the registered Users of the website.

II. SERVICES PROVIDED AND SUPPLIED BY CONSULTING PROFESSIONALS

1. Coaching, consulting, counseling and therapy in the field of mental health, concerning the mental, spiritual and physical health of the person, and the personal and career development, and business development, realized through a consulting session (s), carried out by Consulting Professionals. This includes consultancy services related to the personal, family and professional development of Consumers, for the sake of brevity called “online consultation”;

2. Online consultations are provided for a set fee by a Consulting Professional at the time of purchase of the service, or paid in advance as a part of a subscription package.

3. Services offered and provided by Consulting Professionals do not include the provision of medical care, mental health services, or professional services outside the scope of the services provided through Grownlearn, described in point 1 of this section.

4. Each Consultant is personally and completely responsible for the quality of the service he/she provides.

III. PRODUCTS AND SERVICES PROVIDED ON AND BY GROWNLEARN

1. Products provided by Grownlearn are:

a. Video and audio clips and programs aimed at self-help and self-learning;

2. Grownlearn provides an opportunity for Consultative Professionals to create and develop their own profiles describing their professional competences, acquired qualifications and degrees of education, and any other information regarding their services and any other information.

3. Grownlearn is not responsible for the authenticity, infringement of third-party rights, trademark rights or any other intellectual property rights of the information posted by the Consultants in their individual profiles.

4. The Grownlearn website also provides the following services:

a. processing of the online booking/purchasing for the services/products, selected by the User. Processing of other services related to the support/ administration of the online consultations;

b. administration of the process of payment of the due remuneration to the Consulting Professional, for which payment is made by the User.

IV. TERMS OF USE OF THE WEBSITE GROWNLEARN

1. The terms of use of the Grownlearn website are by themselves a contract, in which each User enters with Kaltenhauser Online GmbH & CoKG, VAT Number: ATU71071626 (Company), as the owner of Grownlearn.

2. By entering the Grownlearn website, the User declares that one is familiar with these Terms and Conditions, and that one expresses explicit informed consent to receive the requested services and products. The User thereby agrees to abide by these Terms.

3. The Terms and Conditions are applicable to both the current configuration of the site and any changes made to it in the form of additional modifications, deletions, or adding new links, sections, and more.

4. Grownlearn reserves the right to unilaterally modify, amend and add these General Terms and Conditions and is not required to expressly notify the User. Any changes to the Terms and Conditions that Grownlearn will make will be posted on this page and each User has free access to them. Changes take effect as soon as they are published.

5. If the User explicitly decides to reject the changes by duly submitting a written notice to office@grownlearn.org, it is considered that the contractual relationship between the parties is terminated and the Company has the right to deactivate or delete the username and password to access the User’s profile.

6. Grownlearn may change or terminate any aspect, service, or feature of the Grownlearn site at any time.

7. Grownlearnis not responsible for any losses, direct or indirect damages, and lost profits resulting from changes in the Terms, products and services, and any other changes in the Grownlearn content.

8. Grownlearn Partner Services can also be found on the website site. Grownlearn is not responsible and is not a party to any contracts entered into between the User and any third-party partners of Grownlearn.

9. Grownlearn is under no obligation to control the manner in which the User uses the services provided and is not responsible for the purposes and activities of the User in connection with the use of the Services. Grownlearn is under no obligation to monitor the information stored on the website’s servers or made available in the provision of the services, nor to seek facts and circumstances indicating that the User has committed an illegal activity by using the services and products.

10. Grownlearn has the right to place on any of the pages of the Site, electronic links, advertising banners and other advertising forms for goods and services offered by Grownlearn, or third parties, as well as electronic links and banner ads pointing to websites located beyond the control of Grownlearn. Grownlearn is not responsible for the content, truthfulness and legality of such websites, or for products and services or for products and services that have been made available to the User when using Grownlearn.

11. Grownlearn collects and uses information for the purposes of direct marketing, promotions, organizing events, raffles, queries, surveys. For statistical purposes, by providing site-specific information to advertisers/ advertising agencies, or third parties who keep statistics on clicks and other actions by users on their advertising banners and links, compile internal statistics.

12. Any User may use the services of the Site and the information therein for personal/ non-commercial purposes only, agreeing that the information posted on the Site may not be a basis for making any claims to Grownlearn and its owner.

13. The use of any information, or any other kind of content by Grownlearn for commercial purposes is prohibited. This includes copying, reproducing or publishing part or all of the information system on the Site, unless expressly agreed in writing by Grownlearn.

14. The user undertakes to use the services of the site in compliance with the legislation, good morals, morality, established Internet ethics and not to act maliciously in the meaning of these General Terms and Conditions. Grownlearn has the right to terminate unilaterally and without notice the access to the provided services to a User who does not meet these requirements.

15. Grownlearn informs the Users that the authors who publish information and articles on the website express their personal opinions on various issues. Grownlearn is not responsible for the authenticity, infringement of third-party rights, trademark rights or other intellectual property rights of the information and articles published by the authors on the website.

16. All Rights Reserved. The entire information system, resources and materials of the site are protected under the Copyright and Related Rights Act and are owned by Grownlearn or its partners and clients. In the use of the services and products subject to these Terms and Conditions, the User has access to a variety of content and resources that are subject to copyright or other intellectual property rights of Grownlearn, other users or the persons specified therein.

17. The User is not entitled to remove the trademark and affiliation of another intellectual property right from the available materials, regardless of whether the holder of the respective rights is Grownlearn or any other person. The User’s right of access does not include the right to copy or reproduce information and to use intellectual property objects, unless it is a small amount of information for private use.

V. RIGHTS AND OBLIGATIONS OF THE PARTIES

Rights and obligations of the Website Grownlearn


1. Grownlearn undertakes to refund any sum of money paid by the User for the provision of a service or a product that Grownlearn, or a Consulting Professional has failed to provide. The User undertakes to notify Grownlearnin writing to office@grownlearn.org within 7 days from the day, on which he/she should have received the service/ product. Grownlearn refunds the amount within 14 days of receiving the written complaint/ notification.

2. Grownlearn does its best to keep the website in good working order, to maintain true and accurate content, without excluding the possibility of objectionable inaccuracies, or omissions. Grownlearn does not guarantee that the services provided are unaffected by computer viruses and malicious third-party attacks that violate the normal operation of computer systems. Grownlearn is not responsible for the consequences, including any damages (caused to software, hardware or telecommunication equipment, and/or data loss), caused by or in any way related to the access, use or inability to use this site.

3. Grownlearn has the right to install Cookies on the Registered User’s computers. The latter are small text files that are saved from the Web site through the Internet server on the Registered User’s hard disk and enable the recovery of User information by identifying him/her through the Grownlearn system.

4. Grownlearn is not responsible for any actions/ activities, and/ or omissions of Consulting Professionals in connection with the services provided by them.

Rights and Obligations of the User

5. By using services related to the User’s participation in forums, blogs, or other communication on the Grownlearn Website, the User undertakes to comply with the following requirements:

a. not to put/ use Grownlearn obscene, offensive, defamatory, threatening or other texts and/ or images detrimental to the honor and dignity of other Users, or the reputation of Grownlearn, including the publication of pornographic material.

b. not to place commercial, ad text and/or images, and off-topic messages on the Grownlearn website.

13. By publishing opinions, materials and content in any form and format on the Grownlearn website, the User grants Grownlearn the right to use, record, store, publicly disseminate them on the Internet, including offering unlimited access without any reward for that.

6. In the event that User’s submissions, content, and materials include intellectual property objects, the User declares that he/she is the holder of the respective intellectual property rights, or has the right to use the relevant materials in the manner specified in these General Terms. Grownlearn bears no responsibility in the event of a breach of such rights,

7. Grownlearn does not owe compensation to the User for publishing third-party content.

8. By using the services provided by the Company each User agrees:


a. to comply with the Austrian legislation, the applicable foreign laws, the present Terms and Conditions, morality and good manners;


b. not to violate the good name of another, and not to call for a violent change in the constitutionally established order, to commit a crime, to use violence against a person or to spur racial, national, ethnic or religious enmity, not to preach fascist or other antidemocratic ideology, not to infringe any physical or intellectual property rights;


c. not to store, or use in any way, nor to disclose to third parties’ information, data, text, sound, files, software, music, photographs, graphics, video or audio materials on the Grownlearn server, as well as any other materials:

–        contrary to the Austrian, or to the applicable foreign law, containing a threat to life and human integrity, with pornographic content or any other content that threatens the normal psychological development of the person, or that violates the moral and ethical norms;

–        that have a promotional purpose, are of commercial or of professional secrecy, or any other confidential information that is subject of intellectual property rights of third parties, except with the consent of the right holder, and any other materials and resources violating any proprietary or non-material rights or legitimate interests of third parties;


d. to immediately notify Grownlearn of any breach or breach committed in the use of the services and products provided; not to interfere with the proper operation of the system, not to hinder another User’s identification procedure, not to harm or impede the availability, reliability or quality of the services with respect to other Users, and not to use the services and products in a way that causes User’s rejection of the Website’s services and products.

9. In the event of non-compliance with the terms of these Terms and Conditions, Grownlearn is entitled immediately and without prior notice to block the user’s access to the website, as well as to seek compensation for all damages and lost profits caused by the User.

10. If the User violates the above Terms, the User bears full and complete responsibility in accordance with the applicable Austrian or foreign legislation.


11. The user agrees to pay in advance a fixed remuneration, stated individually in the personal profiles of each Consulting Professional for the provision of their services.


12. If the selected service includes the possibility to provide online consultation to persons under the age of 18, the registered user must be a parent or legal representative – guardian or tutor of under 18 – years of age, or of partially or fully handicapped persons. Certification of the quality of a legal representative or parent of the Registered User is performed by presenting the relevant documents to the website, according to the established order of communication.


13. The User shall indemnify Grownlearn and all third parties for any loss or damage suffered, including any material sanctions, lawyers’ fees and other costs incurred as a result of claims and/or benefits owed to third parties when using Grownlearn’s services/products by making materials available to third parties, or made available by using the services provided by Grownlearn, in violation of Austrian law, the applicable foreign laws, the present Terms and Conditions, the good will and etiquette.

14. In view of the nature of digital content, the User expresses his explicit knowledge and consent that by receiving access to the selected digital product, he/she loses his/her right to return the digital product and to get reimbursed for its purchase, unless otherwise specified in the individual product offer.

Rights and duties of the Consulting Professional

15. The Consulting Professional is entitled to a monetary remuneration, that he/she states on his personal profile for the services he/she offers.

16. Even after confirmation of purchase of a service, provided by a Consulting Professional, he/she may determine, at his own discretion, that the selected online consultation (service) is inappropriate for the User concerned and refuse to provide it. In such a case, the prepayment fee shall be refunded in full to the User within 14 days of the date of the Consultant’s refusal is made in the established order, by sending an email/notification to the specified email address for correspondence with the User and to Grownlearn to request the processing of the refund.

17. The Consulting Professional has the right to cancel a consultation no later than 24 hours before the scheduled appointment, by notifying the User per email. In this case, the Consulting Professional may offer an alternative time for the appointment. If the User refuses to accept the rescheduling, Grownlearn undertakes to refund the fee paid by the User. The refund will be processed within 14 days of the date of the submitted request by the User made by sending an email to office@grownlearn.org.

18. The communication between the Consulting Professional and the User is subject to the generally accepted rules of secrecy of correspondence.

19. Each Consulting Professional agrees to provide a quality service depending on the services he/she offers, listed in his/her profile page on the Website.

20. Each Consulting Professional is personally liable for failure to provide a service on his/her behalf.

VI. LIABILITY

1. Grownlearn does not bear responsibility to the User for:

a. losses, foregone benefits and other damages borne by the User as a result of one’s use of Grownlearn’s services, or the inability to use these;

b. inability of the User to use any single service; claims by third parties against the User against or in connection to the use of the Services.

2. Grownlearn takes care that the information on Grownlearn is always kept up-to-date but does not guarantee the authenticity and completeness of the content and does not commit to deadlines for updating the information. Grownlearn is under no obligation and does not guarantee that the services provided will satisfy the User’s requirements or that they will be uninterrupted, timely or secure.

By accepting these Terms and Conditions, the User declares that the use of the service will be entirely at one’s own risk and liability and the parties agree that Grownlearn is not responsible for any damage caused to the User in the use of the provided service, unless caused by Grownlearn deliberately or by gross negligence. Grownlearn is not responsible for the information contained in the Grownlearn website and for the User’s activity.

3. Grownlearn shall not be liable for any failure to use the Services in circumstances outside its control – cases of force majeure, incidental events, Internet problems and the provision of services beyond Grownlearn’s control and in case of unauthorized access or intervention third parties in the functioning of the information system or server.

4. Grownlearn shall not be liable to the User and third parties for any damages or loss suffered as a result of the termination, suspension, alteration or limitation of the Services, deletion, modification, loss, inaccuracy, inaccuracy or incompleteness of messages, materials or information, transferred, used, recorded, or made available through Grownlearn.

5. The Parties agree that Grownlearn is not responsible for failing to provide the Services or for providing them with any deterioration due to tests performed by Grownlearn for the purpose of checking equipment, links, networks, etc., as well as tests aimed at improving or optimizing of the Services provided.

6. Payments of the due remuneration for the provision of services and/ or products previously ordered by the User shall be made using the following payment systems: Paypal, credit and debit cards administrated by Stripe, or bank transfer. For payments with a bank transfer contact office@grownlearn.org.

VII. PERSONAL DATA AND CONFIDENTIALITY

1. The company Kaltenhauser Online GmbH & CoKG, VAT Number: ATU71071626, owner of the website Grownlearn, is a data controller registered under the Personal Data Protection Act.

2. The Company pays due care and is responsible for protecting the User’s information that has become known to him regarding the provision of the services and products subject to these General Terms and Conditions, except in cases of force majeure, accidental occurrence or malicious actions of third parties.

3. The Company undertakes not to disclose any personal information about the User and not to disclose the information gathered to third parties – state bodies, commercial companies, natural persons, etc., except in the following cases:

a. the User has given one’s explicit consent at the time of registration or at a later date;

b. the information is required by government bodies or officials who, under current law, are authorized to request and collect such information in accordance with statutory procedures;

c. other cases stated in the law.

4. In the User registration form, the Company shall indicate the mandatory or voluntary nature of the provision of data and the consequences of the refusal to provide it. By completing the registration form, the User agrees that the information about him/ her will be processed in the manner prescribed.

5. The Company has the right to collect and use information about its Users when the person is registered as a Registered User. The information by which the person can be identified may include name, surname, date of birth, gender, and any other information that the person provides voluntarily upon registration. The information also includes any other information that the User enters, uses or provides when requesting, receiving or using goods and services through Grownlearn (as applicable), participating in promotions, lotteries and competitions, filling in questionnaires, quizzes, forms and others.

6. The company may provide aggregated statistics on website visits to advertisers/ advertising agencies and third parties who keep statistics on clicks on their advertising banners and links, to produce internal statistics, and for direct marketing purposes (own and of its partners).

7. By accepting these Terms and Conditions, the User agrees to the processing of his/her personal data for the purposes of direct marketing. The user has the right to object to the processing of his or her personal data for direct marketing purposes by sending a written message to the specified contact email.

8. In view of the specific nature of the information provided by the User that affects his/her privacy, health status, psychological condition, his/her relationships and attitude to the world around him/her, Grownlearn and the Consulting Professionals undertake to take all necessary care for the protection of this information and its non-disclosure to third parties.

VIII. TERMINATION

1. The relationship between the parties shall be terminated upon the occurrence of any of the following circumstances:

a.      termination of the activities of the COMPANY, owner of Grownlearn, or termination of the maintenance of Grownlearn;

b.     mutual consent of the parties for the termination;

c.      other cases provided in these General Terms;

d.       other cases provided by law;

2. The User may, at any time at his own discretion, discontinue the use of the services provided by Grownlearn.

3. Upon termination of the relationship between the User and the Website, Grownlearn disables the User Profile.

IX. APPLICABLE LAW
Any potential dispute between the COMPANY, the owner of Grownlearn, and the Users shall be resolved by mutual agreement. If this is not possible, the dispute shall be decided by the competent courts in Austria.

XI. OTHER PROVISIONS
The written form is deemed to have been complied with by sending an email to office@grownlearn.org, insofar as the statement is recorded technically in a way that enables it to be reproduced. The parties agree that if any clause (or several clauses) under these Terms and Conditions is invalid, it will not result in invalidity of the contract, other clauses or parts thereof. The invalid clause will be replaced by the mandatory rules of the law or established practice.

Important for every user:

You are advised to ways consult your GP for diagnosis and treatment, including information on which medicines or treatments may be appropriate for you.
No part of the information on the Grownlearn website is a specific prescription for taking certain medical drugs or medicines.

The information that Grownlearn offers is only the opinion of different authors who take full responsibility for their comments and the information they upload to the website. Always consider the advice and guidance given by your doctor or other qualified medical practitioner.

If you have or suspect that you have a medical condition, please contact a qualified healthcare professional or call the emergency helpline in your country.

If you disagree with these terms and do not wish to be bound by them, you are not allowed to visit or use the Grownlearn.org website, or be a party to the legal relationship defined hereby.