Terms of Service

IVALA Learn

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, we will ask you to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

1.5 These General Terms and Conditions (GTC) shall apply to all current and future services provided by us to you, even if no express reference is made to the GTC in individual contract closures.

2. Copyright notice

2.1 Copyright (c) {% now 'Y' %} IVALA GmbH.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) use our 3D modelling software, interactive quizzes and other website services by means of a web browser, subject to the other provisions of these terms and conditions, and providing that you will have no right to access or use materials that are only available under a subscription unless you have purchased a relevant subscription and that subscription is current.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own educational and training purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you otherwise own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) violate the directives set out in the robots.txt file for our website; or

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).

6. Registration, subscription and accounts

6.1 To be eligible for an account on our website under this Section 6, you must be at least 16 years of age.

6.2 You may register for an account with our website by completing and submitting the registration form on our website and paying the applicable subscription fees (if any). We will send you an acknowledgement of your order. The contract between us for the supply of the website-based training and information services shall come into force upon the issue of that order acknowledgement. You will have the opportunity to identify and correct input errors prior to making an order.

6.3 We may offer time-limited free trials of our website services. Free trials will be subject to such conditions as we specify on our website in relation to the relevant trial.

6.3.1 You may not create multiple accounts or use multiple email addresses to exploit the 7-day free trial period. Our free trial is intended for new users to evaluate our services, and we reserve the right to cancel or terminate any account that we suspect is being used to abuse this policy.

6.4 You must not allow any other person to use your account to access the website; and you must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person's account to access the website.

7. User IDs and passwords

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must treat the passwords and log-ins required to use the Contractor's services confidentially.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

8.2 You may cancel your account on our website by sending us a written cancellation request. Your account will be cancelled at the end of the then-current subscription period. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9. Services

9.1 For so long as your account and subscription remain active in accordance with these terms and conditions, you will have access to the premium educational materials and features on our website.

9.2 We may from time to time vary the benefits associated with a subscription in our sole discretion.

9.3 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription by sending us a cancellation request email before the date of renewal.

9.4 You acknowledge and agree that the use of certain of our website services will require you to download and install the Unity Web Player, and that we are not responsible for the Unity Web Player or liable in relation to any losses that may arise out of your use of the Unity Web Player.

10. Fees

10.1 The fees in respect of our website subscriptions will be as set out on the website from time to time.

10.2 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT. If you are located in an EU jurisdiction other than Austria, VAT will be applied at your local rate unless you provide to us a valid EU VAT registration number. You will not be charged VAT if you are located outside the EU.

10.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

10.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

10.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.

10.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

11. Distance contracts: cancellation right

11.1 This Section 11 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

11.2 You have the right to withdraw from a distance contract with us within 14 days, without giving any reason, starting from the day the contract is concluded, unless the conditions in Section 11.5 apply.

(b) ending at the end of 14 days after the day on which the contract is entered into,

11.3 To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement. You may use the model withdrawal form we provide, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right before the 14-day period has expired.

11.4 If you withdraw from the contract, we will reimburse all payments received from you, except as provided in Section 11.6, without undue delay and in any event no later than 14 days from the day on which we are informed of your decision. We will use the same means of payment you used for the initial transaction, unless expressly agreed otherwise.

11.5 The right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium, if performance has begun with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal under Section 18(1)(11) of the Austrian Distance and Off-Premises Contracts Act (FAGG).

11.6 If you have requested that the service begin during the withdrawal period and you later exercise your right of withdrawal (where applicable), you are obliged to pay us an amount which is in proportion to what has been provided until the time you notified us of your withdrawal.

11.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

12. Your content: licence

12.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

12.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store, publish, adapt and otherwise use your content on and in relation to this website and any successor website.

12.3 You grant to us the right to sub-license the rights licensed under Section 12.2.

12.4 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

13. Your content: rules

13.1 You warrant and represent that your content will comply with these terms and conditions.

13.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

13.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) constitute spam; or

(m) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

14. Information and examinations

14.1 Our website contains general information about animal physiology and veterinary practice. Our website may also contain general information about medicine and medical practice. Such information is not advice and should not be treated as such.

14.2 You must not rely on the information on our website as an alternative to professional veterinary or medical advice.

14.3 We give no warranty or representation that the veterinary and medical information on the website will help you to complete or pass any course or examination.

15. General warranty limitations

15.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

15.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

15.3 To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

16. Limitations and exclusions of liability

16.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

16.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:

(a) are subject to Section 16.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

16.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

16.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

16.5 The non-fulfilment of obligations on time or in due manner as a consequence of force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, sovereign intervention, failure of the power supply, failure of means of transport, failure of telecommunications networks or data lines, changes in the law affecting the services after conclusion of the contract or other non-availability of products, shall not constitute a breach of contract.

16.6 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.7 We will not be liable to you in respect of any loss or corruption of any data, database or software.

16.8 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

16.9 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

16.10 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

(a) EUR 115; and

(b) the total amount paid and payable to us under the contract.

17. Indemnity

17.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these terms and conditions; or

(b) your use of our website.

18. Breaches of these terms and conditions

18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

18.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

19. Third party websites

19.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

19.2 We have no control over third party websites and their contents, and subject to Section

16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

20. Trade marks

20.1 IVALA, IVALA Learn, IVALA Design, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

20.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

21. Variation

21.1 We may revise these terms and conditions from time to time.

21.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

21.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

22. Assignment

22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

23. Severability

23.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

23.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24. Third party rights

24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

24.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

25. Entire agreement

25.1 Subject to Section 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

26. Law and jurisdiction

26.1 Unless otherwise agreed, the provisions applicable shall apply exclusively in accordance with Austrian law, even if the order is carried out abr
oad. Any disputes shall be subject exclusively to the local jurisdiction of the court with subject-matter jurisdiction for the Contractor's registered office..

26.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Austria.

27. Statutory and regulatory disclosures

27.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

27.2 These terms and conditions are available in the English language only.

27.3 Our VAT registration number is ATU81122027.

28. Secrecy

28.1 Both parties agree to treat all trade secrets shared between them under this contract confidentially. Neither party may disclose these secrets to third parties unless the information is already publicly known, previously known to the receiving party without confidentiality obligations, obtained from a third party without restrictions, independently developed by the receiving party, or disclosure is required by a legally binding official or judicial decision. We recommend each party ensure appropriate confidentiality measures are maintained throughout the duration of this agreement and thereafter.

29. Data protection

29.1 You will find the data protection declaration within the meaning of Art. 13 and 14 GDPR on our Website.

30. Final provisions

30.1 Amendments and additions to the contract shall be made in writing. This also applies to the cancellation of this formal requirement.

30.2 Should one or more provisions of the contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable clause.

31. Our details

31.1 This website is owned and operated by IVALA GmbH.

31.2 We are registered in Austria under registration number 632988s, and our registered office is at IVALA GmbH, Albertgasse 35, 1080, Wien, Austria.

31.3 Our principal place of business is also at IVALA GmbH, Albertgasse 35, 1080, Wien, Austria.

31.4 You can contact us by writing to the business address given above, by using our website contact form, by email to support@ivalalearn.com or by +43/1/ 71 72 8 (-850).

Annex 1: Model Instructions on Withdrawal (Annex I A to the FAGG)

Information regarding the exercise of the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us

Ivala GmbH, Albertgasse 35, 1080 Wien, support@ivalalearn.com, +43/1/ 71 72 8 (-850)

of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but it is not obligatory.

You can also send the model withdrawal form or another clear statement by email to the following address:

support@ivalalearn.com

If you make use of this option, we will promptly send you confirmation of receipt of such a withdrawal (e.g., by email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until the time you informed us of your decision to withdraw from the contract, in comparison with the full coverage of the contract.

Annex 2: Model Withdrawal Form (Annex I B to the FAGG)

Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it to us.)

To: Ivala GmbH, Albertgasse 35, 1080 Wien, support@ivalalearn.com

I/we () hereby give notice that I/we () withdraw from my/our () contract of sale for the following goods () / for the provision of the following service ()

• Ordered on () / received on ()

• Name of consumer(s)

• Address of consumer(s)

• Signature of consumer(s) (only if this form is notified on paper)

• Date