ibis acam Bildungs GmbH (hereinafter also "ibis acam" or "Operator") offers customized (digital) coaching, consulting and educational services via its "worklifelearn portal" with the aim of personal and professional development.
The website www.worklifelearn.com offers various services in a diverse catalog of services. In particular, access is also provided to virtual consulting rooms for the provision of coaching and consulting services.
2. General and scope
These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the worklifelearn portal provided by ibis acam via www.worklifelearn.com including all subdomains, possible apps for iOS, Android, etc. and the services based thereon (hereinafter also referred to as "worklifelearn").
By registering at www.worklifelearn.com, the user expressly accepts these GTC. These also apply to the use of worklifelearn on mobile devices. The version valid at the time of registration (=time of conclusion of the contract) is decisive. The currently valid GTC for job coaching services can be found on the website www.worklifelearn.com.
Deviating, conflicting or supplementary terms and conditions, even if known, shall not become part of the contract unless ibis acam expressly agrees to other terms and conditions in writing.
3. Scope of services
ibis acam offers various coaching, consulting as well as educational services through the worklifelearn portal.
This offer can vary depending on whether users visit the website anonymously, whether they register, and/or paid services are used, and is continuously adapted by ibis acam to contemporary needs in the education sector.
The following services are therefore offered - depending on the user status:
- Multimedia content (text, image, video) from the subject area of job & life coaching
- Participation in a test to determine the character strengths
- Evaluation of test results and tailored recommendations
- My Story
- My CV
- Cover letter
- My portfolio
- Training and further education offers also in cooperation with affiliated companies of ibis acam ("Aspire Group") or other third party education providers/educational institutions
- File upload and storage of documents (training certificates, testimonials) for the addition of "My Story" and "My CV".
- Knowledge Library
- Job Proposals
- Job placement
- Recommendations from peers
- E-learning trainings to become a life design coach
- Individual coaching
- Forums, chat communication among users and trainers
4. Registration, payment methods and access
The registration must be made by telephone (online registration) via the registration mask of worklifelearn and is legally binding.
After registration, the user will receive an electronic registration confirmation to the e-mail address he/she has to provide. This confirmation contains the data of the user and the respective service booked. Upon receipt of the electronic confirmation by the user, the contract with ibis acam is concluded and entitles the user to participate in and use the online services of worklifelearn.
The user only enters the worklifelearn system by accepting these GTC. This is stored in the user record and displayed in the user profile data for information purposes, without the possibility of change.
A cancellation option exists only under the conditions set out in point 6 of these GTC.
4.2 Redemption of assigned voucher codes
If a worklifelearn service is commissioned and arranged by AMS Austria, its offices or other public bodies/institutions, the specific service can be claimed by redeeming a voucher code issued in advance.
Users will receive the code from employees of ibis acam or Aspire Group together with a registration link.
4.3 Taking advantage of free offers
If a worklifelearn service is offered free of charge due to promotions or advertising measures, a claim for the specific service can be made by redeeming a voucher code issued in advance.
Users will receive the code from employees of ibis acam or Aspire Group together with a registration link.
4.4 User fee and payment modalities
The usage fee is determined by ibis acam. This already includes all possible charges, taxes as well as the transaction costs of the payment transaction.
The fee payable is shown as a gross total amount during the registration and payment process.
"PayPal (Europe) S.à r.l. et Cie, S.C.A." has been selected by ibis acam as the Payments Service Provider for the processing of payments for Work-Life-Learn services. The user therefore transmits his/her payment data directly to the payment application "Braintree Direct" of PayPal (Europe) S.à r.l. et Cie, S.C.A. in the course of registration.
The user has the possibility to choose from the payment methods implemented and activated by the payment service provider for ibis acam for the payment of the fee, these can be:
- Credit card
- Eps / Klarna
- Google Pay
- Apple Pay
The processing of payment data is carried out exclusively by the above-mentioned payment service provider.
In exchange for entering his/her payment data with the payment service provider, the user shall receive a one-time valid assignment code for the selected payment method directly from the payment service provider ("payment nonce"). The code is transmitted to ibis acam as part of the payment. This allows the processing of the payment without ibis acam processing the payment data of the user.
4.5. ccess to the portal and to the virtual consulting rooms
The access data (user name and password for login) for the worklifelearn offer of ibis acam are determined in the course of the binding registration and, if applicable, payment by the user himself/herself. Users must activate their access by clicking on a confirmation link sent by e-mail.
ibis acam uses Blackboard Collaborate as well as Blackboard Learn for virtual consulting and education services (www.blackboard.com/de-de/solutions).
The disclosure of access data to third parties is prohibited. The user is obliged to keep access data secret. In the event of loss or disclosure of access data to third parties, the user must inform ibis acam immediately.
ibis acam cannot technically determine the identity of a user with certainty and therefore does not provide any guarantee for the identity of the user. In case of reasonable doubt about the identity, access can be blocked by ibis acam.
Access to specific educational content may only be possible after downloading the software offered by ibis acam and required for the respective education (see also item 10 of these GTC, Licenses and Downloads).
5. Withdrawal from a distance contract
For bookings made at a distance (in particular via the Internet or e-mail), the user, as a consumer within the meaning of the Consumer Protection Act (KSchG), is entitled to a statutory right of withdrawal without stating reasons in accordance with the provisions of the Distance and Foreign Transactions Act (FAGG) within 14 calendar days, calculated from the conclusion of the contract.
The withdrawal period shall be deemed to have been observed if a written declaration of withdrawal (e.g. letter, fax, e-mail) is made and sent within the above-mentioned period (the date of the postmark is decisive).
This written notice of withdrawal should be addressed to:
ibis acam Bildungs GmbH
E-mail: [email protected]
The user is free to use this sample declaration of withdrawal or to fill in another clear declaration with the required contents.
6. Cancellations and non-utilization of services
The user also has the possibility to cancel booked services under the following conditions:
Registrations can be cancelled either directly via the cancellation function on the website www.worklifelearn.com or in writing (i.e. by post or e-mail to ibis acam Bildungs GmbH). However, written cancellations (by mail or e-mail) that are not made directly in the worklifelearn portal system and are displayed there require confirmation of receipt by ibis acam in order to be effective.
In case of cancellation of a booked "one-time service" up to 7 calendar days before the use of the service of ibis acam (e.g. webinar, individual coaching, online seminar), the processing fee is 7% of the fee (incl. VAT). The remaining amount will be refunded.
Cancellations received after this date and/or non-participation will be required to pay the full fee; no refunds will be given.
In the event of cancellation of individual services with affiliated companies of the Aspire Group or third parties, the respective cancellation conditions agreed with these companies shall apply.
"Booked subscriptions" may be cancelled at any time with effect from the last day of the month. The cancellation shall be deemed to have been received on time if it has been confirmed by the payment service provider by the last day of the month. The risk of timely processing is borne by the user.
If, after initial use of a service provided by ibis acam, a participant does not use it or uses it only partially, he/she shall also bear the total costs, unless cancellation/cancellation is made in good time.
7. Omission of services
ibis acam reserves the right to postpone or cancel offered services (for specific course bookings) for factual reasons (e.g. short-term cancellation of a trainer who cannot be replaced). The participant will be informed immediately in writing (by e-mail) of any postponement or cancellation. In case of a final cancellation, the (pro-rata) fee for concretely cancelled services will be refunded; no further processing fees will be charged. In the case of such cancellations, however, no compensation can be provided for any expenses incurred on the part of the user.
ibis acam does not guarantee the performance of services offered by other educational institutions through www.worklifelearn.com.
8. Data protection
ibis acam respects the privacy of the users of the worklifelearn portal. When collecting and processing personal data, the applicable legal data protection provisions are observed.
Personal data as well as other data related to the provision of services are processed automatically for the purpose of order processing, contract and customer management, quality assurance, as well as for statistical evaluations and for the fulfillment of legal obligations, in compliance with the provisions of the EU General Data Protection Regulation and the Austrian Data Protection Act. The data will be stored only as long as necessary to fulfill the purposes described and deleted as soon as the purposes of data processing cease to apply.
9. Protection of intellectual property
When using the worklifelearn portal, the user undertakes to comply with the applicable provisions of competition and intellectual property law.
Training content in the virtual rooms, such as scripts, online course materials, exam questions, articles, presentations, etc. in particular, are protected by copyright. This content and information is intended for the personal use of the participant for training purposes. Lectures by trainers may not be recorded without the express written consent of ibis acam.
It is pointed out that the training content provided by ibis acam or via worklifelearn, in particular online courses taking place (i.e. e.g. lectures by the trainers, but also interactions with the participant such as text chats, raise-your-hand or voting) can be recorded and made available by ibis acam for "streaming purposes". This is understood to mean the transmission of audio or video files on the Internet, whereby the transmitted data is not permanently stored on the user's computer (or other mobile devices), but only temporarily stored. All data of such a stream are protected by copyright.
The user may not use the training and/or consulting content of ibis acam for his/her own or third party commercial purposes of any kind whatsoever, unless expressly permitted in writing by ibis acam.
Any further use, such as storage, reproduction, translation, processing or disclosure to third parties, even in part or in revised form, is also prohibited, unless ibis acam expressly agrees in writing.
The user him/herself may only make copyrighted works available on the worklifelearn portal with the consent of the author or rights holder. ibis acam accepts no responsibility whatsoever for any loss or damage resulting from copyright infringements by users.
ibis acam reserves the right to assert claims for damages without restriction in the event of infringement. In the event of claims being made against ibis acam by third parties due to illegal and culpable conduct on the part of the user, ibis acam shall indemnify and hold harmless the user acting illegally.
Any violation of these provisions by the user shall entitle ibis acam to immediately terminate the contractual relationship prematurely, i.e. ibis acam may withdraw the right of use from the respective user and block access to the worklifelearn portal, irrespective of the assertion of further legal claims, in particular for injunctive relief and/or damages. In the event of access being blocked for this reason, the user shall not be reimbursed for any fees/costs paid to date.
10. Licenses and downloads
The use of any software offered for download by ibis acam is subject to the applicable license terms of the authorized provider or the respective manufacturer (according to license agreement, EULA or the like). These terms and conditions are transferred with the respective software as a file or are available from the manufacturer/authorized provider of the software upon request. The Software cannot be installed without the user of the worklifelearn portal first accepting the terms of the respective license agreement.
Provided e-learning content, software and/or all other electronic training documents are - unless explicitly stated otherwise - exclusively intended for private use and application by the participant and may only be used within this framework. Other uses are not permitted and will result in civil and/or criminal consequences. ibis acam accepts no liability for material or financial damage arising directly or indirectly from the use of the worklifelearn portal, such as downloaded files, unless such damage was caused by gross negligence or intent on the part of ibis acam.
11. Liability and compensation
ibis acam operates the worklifelearn portal in accordance with the existing technical, economic, operational and organizational possibilities and therefore assumes no guarantee, in particular with regard to the technical characteristics of the website, for the availability, freedom from disruptions or the uninterrupted operation of the portal and its contents that can be called up at any time.
ibis acam makes every effort to keep the content free of malware and other security threats. However, no guarantee or liability can be assumed for the security of the portal. Before downloading information, software and/or files, each user is obliged to take appropriate security precautions and to use appropriate virus scanners or other technical protection measures for his/her own protection, but also for the protection of the worklifelearn portal.
ibis acam shall endeavor to eliminate possible disruptions of any kind. ibis acam is also entitled to interrupt the operation of the worklifelearn portal in an appropriate and reasonable manner, insofar as this requires, for example, maintenance or the feeding in of new content.
ibis acam assumes no liability for the quality, accuracy, timeliness and/or completeness of information provided by third parties, insofar as such information is expressly identified as third-party information within the worklifelearn portal.
Any liability of ibis acam for direct, indirect or other damages arising from the use or unavailability of the data and information of the worklifelearn portal, regardless of their cause, is excluded except in the case of gross negligence or intentional harm to participants. This exclusion of liability does not apply to personal injury.
Any integration of individual pages of ibis acam into external frames is to be refrained from. Any modification or falsification of information content within the worklifelearn portal is prohibited.
ibis acam accepts no liability for linked websites and the information conveyed there; the owner of the respective linked website is solely responsible for the content of an unauthorized linked website.
Without exception, the user is only entitled to use the worklifelearn portal if the required personal details of the user have been provided completely and truthfully.
In particular, the manner, form, content or purpose of the use of the worklifelearn portal must not violate legal prohibitions, the rights of third parties or morality. The user(s) undertake in particular to ensure that via the generated access
- no pornographic, violent, inciting, derogatory, defamatory, threatening or other illegal content is displayed, made accessible, offered for exchange, downloaded or distributed;
- no copyrighted content or works are unlawfully reproduced, distributed or made publicly available; this also applies in particular in connection with uploading and downloading in file-sharing programs or similar offers;
- no incitement to commit criminal acts or instructions for such are presented;
- no chain letters, unauthorized advertising or other harassing messages (spam) or malware are transmitted or sent;
- no systems, networks or data are damaged, adversely affected or (especially in the case of personal data) spied out;
- there is no illegal or unauthorized access to third party computers or networks.
Should ibis acam as operator be exposed to claims by third parties for any reason due to the use of the worklifelearn portal by the user, the user is obligated to indemnify and hold ibis acam harmless in this regard.
12. Final provisions
All legal disputes arising from the use of the worklifelearn portal shall be governed by Austrian law, excluding the conflict-of-law rules of private international law.
The place of performance shall be the place of the professional establishment of ibis acam. For any disputes arising from these GTC, the court with subject-matter jurisdiction at the place of business shall be deemed agreed as the place of jurisdiction. In the event of a legal dispute for actions against a consumer under the Consumer Protection Act, the court of the consumer's domicile, habitual residence or place of employment shall have jurisdiction.
ibis acam reserves the right to change these GTC at any time. In the event that individual provisions of these GTC should be and/or become invalid, this shall not affect the validity of the remaining provisions. Any invalid provision shall be replaced by a valid provision that comes closest to its meaning and economic purpose.