TERMS AND CONDITIONS
of digitAAL Life GmbH
August 11, 2022
1. Validity of the terms and conditions
1.1. We, digitAAL Life GmbH (FN 529642k), Schubertstraße 6a, 8010 Graz, are active in the field of health, care and social services and offer holistic training programs for the activation of cognitive performance via the app BRAINMEE. For all current and future services that we provide for our customers, the following General Terms and Conditions (hereinafter referred to as T&C) apply exclusively.
Deviations from these T&C are only effective if they are confirmed by us in writing.
1.2. Any terms and conditions of business, purchase and acceptance of the customer shall not apply.
2. Subject of the contract
2.1. The subject of the contract concluded with us is the use by the customer of the holistic training programs offered via our app BRAINMEE (hereinafter referred to as: programs). The programs offered by us can be found on our website www.brainmee.com, where the specific scope of services or program content and the fee to be paid for the use of the app BRAINMEE are also stated.
2.2. The programs we offer are accessible exclusively via the BRAINMEE app; the use of our programs or their content therefore depends on a functioning Internet connection. The programs or content are considered available if they can be accessed through a current internet browser. When using our programs, a significant data volume may be incurred, which may trigger corresponding costs for Internet data traffic, which the customer has to bear himself.
2.3. The system requirements necessary for the use of our programs can be found on our website at www.brainmee.com/app and constitute an integral part of these T&C.
2.4. We do not provide individual counseling or therapy or prevention for specific medical, physical or mental illnesses of the clients. We also do not make any examinations of the customers, do not make any diagnoses and do not suggest any therapies. Our services and contents are therefore no substitute for medical or psychological consultation or treatment/therapy. The customer is solely responsible for contacting a doctor and/or a psychologist in case of a (mental) illness or in crisis/emergency situations or to get professional help.
3. Registration and conclusion of contract
3.1. Registration for our programs takes place via the corresponding online registration form on our website www.brainmee.com on the basis of the course and program information provided. There you will also find information about registration deadlines and any course participation requirements.
The programs offered on our website do not constitute a binding offer that can simply be accepted by the customer, but are only a non-binding invitation to the customer to submit a binding offer for the programs offered. The customer makes such a binding offer by registering in due time for a program offered on our website www.brainmee.com. However, a contract between the customer and us is only concluded when we have expressly accepted the customer’s offer by means of a separate registration confirmation, which is sent to the customer by e-mail.
Registrations will only be considered if the registration form has been completed in full and all required supporting documents have also been submitted. Registrations that are not received by the deadline can only be considered if there are still places available for the respective program.
There is no obligation on our part to accept registrations and thus to conclude a contract.
3.2. Places for participation in the programs are allocated in the order in which applications are received by us. If individual programs provide for different allocation criteria, this will be pointed out separately in the respective program information.
3.3. Electronic access to programs and teaching materials will not be activated until the customer has paid the fee agreed for participation in the respective program in full and on time.
4. Right of withdrawal
4.1. If the customer is a consumer as defined by Section 1 (1) (2) of the Austrian Consumer Protection Act (KSchG), he may declare his withdrawal from the contract within 14 days of the conclusion of the contract. The declaration of withdrawal is not bound to any particular form and does not require any justification, but a clear declaration that the customer wishes to withdraw from the contract for participation in a specific program. For the submission of the declaration of withdrawal, the model withdrawal form found on our website www.brainmee.com under the link [?????] can be used.
The withdrawal period begins with the receipt of our registration confirmation. For the timeliness of the withdrawal, it is sufficient if the declaration of withdrawal is sent within the above-mentioned period.
4.2. The consumer does not have the right to withdraw from the contract if the consumer expressly requests that we start fulfilling the contract before the 14-day withdrawal period expires. Such an express request for early fulfillment of the contract, which is associated with the forfeiture of the right of withdrawal, exists in any case if there are less than 14 days between the booking and the use of the program.
5. Payment and cancellation conditions
5.1. A participation fee is payable for the programs and teaching materials offered by us. The participation fee includes the costs for the participation in the respective program as well as the associated teaching materials – unless otherwise expressly determined in the individual case. The specific participation fees for the programs offered by us can be found on our website www.brainmee.com. The applicable statutory value-added tax is already included in the participation fees listed.
5.2. Payment of the participation fee must be made within 14 days of the invoice being issued by us and received in the account stated in the invoice. Payment shall be deemed to have been made only upon irrevocable credit to the account stated in the invoice.
5.3. Non-participation or premature termination of participation in a program by the customer – regardless of the reason – does not constitute a claim for reimbursement of the participation fee or parts thereof. The same applies to (time) omissions by the customer that result in the customer not being able to participate in the program booked by him or not being able to participate to the extent of the full duration.
5.4. In the event of any delay in payment by the customer, we shall be entitled to charge a reminder fee of Euro 10.00 as well as to withhold our performance(s) and shall only be obliged to provide further services after full payment of our claim(s).
In the event of any delay in payment, the customer shall be obliged to pay interest on arrears at a rate of 4% p.a. and to reimburse us for all costs necessary for the expedient collection of the claim and legal prosecution.
5.5. The following cancellation conditions apply:
Cancellations up to 14 calendar days before the day on which the program booked by the customer is to take place as agreed are free of charge.
In case of cancellations less than 14 calendar days before the day on which the program booked by the customer is to take place as agreed, 50% of the respective participation fee is due for payment; in case of cancellations only on the day on which the program takes place, 100% of the respective participation fee is due for payment.
The relevant date is the date on which the customer’s cancellation notice is received by us.
The cancellation fee is waived if the customer nominates a substitute participant who takes his place in the program booked by him and also pays the full participation fee. However, the original customer remains liable for the full participation fee and its collectability from the substitute participant.
6. Program changes, deviations and cancellations, exclusion
6.1. We expressly reserve the right to make organizational changes to the programs, such as changes to dates, start and course times, course content and lecturers, as well as cancellations of programs due to failure to reach the required minimum number of participants, due to illness, unforeseeable incidents or for other important reasons.
Such changes and cancellations for good cause are possible at any time (even at short notice).
6.2. Customers will be informed immediately about changes and cancellations of programs by e-mail.
In the event of cancellation of a program by us, we will refund the full participation fee or, at the request of the customer and depending on availability, offer participation in another of our programs. Should the participation fee for this be higher than for the cancelled program, the customer is obliged to pay the difference.
Further claims of the customer are excluded. In particular, expenses already incurred by the customer in excess of the payment of the participation fee will not be reimbursed.
We are entitled to exclude customers from further participation in the program in justified cases, in particular in the event of disruption to the implementation or running of the program or disregard of the lecturer’s instructions. In this case, there is no entitlement to a refund of the participation fee.
7. Rights to teaching materials
7.1. All teaching materials and other content made available to the customer as part of our programs are protected by copyright and therefore also remain our intellectual property or the intellectual property of the respective author or beneficiary.
7.2. The customer has the right to use for his own purposes the teaching materials and other content made available to him as part of the programs he has booked and paid for. Downloading, saving or printing is permitted in individual cases. However, the customer is not entitled to pass on teaching documents and other content to third parties, even if this is done free of charge. Any transfer to third parties or use beyond the scope just described is therefore not permitted and may lead to injunctive relief and/or claims for damages.
8. Warranty and liability
8.1. Although we have carefully checked the contents of the programs we offer, we do not guarantee that they are up-to-date, correct or complete. Furthermore, we also do not guarantee that a specific (learning) success or a specific (learning) result will occur through or after participation in programs offered by us.
8.2. We cannot guarantee that access to our programs will be possible at all times without interruption or error. We are therefore not liable for short-term interruptions/disruptions or for faults/interruptions that are not within our sphere of influence.
8.3. Access to other websites via any hyperlinks on our website is at the customer’s own responsibility and risk and we therefore do not assume any responsibility for third-party websites or calling up such websites via a hyperlink on our website. A possible hyperlink also does not mean that we agree with the contents of the websites of third parties or share the opinions/contents expressed there.
8.4. We shall only be liable for property damage and financial loss resulting from culpable breach of contract in the event of intent or gross negligence. However, compensation for lost profits and consequential damages is excluded in all cases. We are also not liable for damages that arise due to or in connection with the contents of the programs offered by us or their application.
All of the aforementioned limitations of liability shall also apply to the same extent to our vicarious agents and persons employed by us in the performance of our obligations. The reversal of the burden of proof according to § 1298 ABGB is excluded.
9. Final provisions
9.1. The place of performance is our registered office in 8010 Graz (Austria).
9.2. Austrian law shall apply exclusively to legal disputes, to the exclusion of the conflict-of-law rules.