AI BUSINESS SCHOOL – TERMS AND CONDITIONS
Effective Date: 19 June 2020
Last Modified Date: 08 August 2020
AI Business School AG, Kantonsstrasse 56, 8807 Freienbach, Switzerland (“AI Business School”, “we”, “us” or “Provider”), offers its products and services (“services”) to its Users in accordance with the following terms and conditions (“terms and conditions” or “Agreement”), and any other terms or guidelines which we declare applicable.
By becoming a user of our Services, the User agrees to all terms and conditions within this Agreement. If the User does not agree with all of the provisions of this Agreement, the User must cease all access to, and use of, the Provider’s websites, courses and any other services provided by AI Business School. The provisions of these terms and conditions apply to Users who are simply browsing on the websites provided by AI Business School, but also to Users purchasing online programs and registering to a user account as well as Users whose access is provided through their employer. Some provisions may only apply to a certain group of Users. In certain cases, AI Business School may also declare terms and conditions of third party providers who offer content through AI Business School to be applicable. However, this only applies if AI Business School explicitly states so. In all other cases terms and conditions of third parties are excluded.
In the eventuality that the User has not yet reached the age of 18, he/she confirms that he/she is competent to make reasonable judgements and acts with the consent of his/her legal representative.
Therefore, the User agrees to the terms and conditions as defined in these terms and conditions:
Amendments and Updates
Provider reserves the right to adjust the products and services offered, continuously and at any time.
Consequently, Provider is also entitled to adjust the terms and conditions at any time. The terms and conditions that are listed on the websites of AI Business School at the time of the use are applicable.
The User agrees that all modifications or changes to this Agreement are in force and enforceable immediately upon posting and will apply to all content and information submitted to and/or retained by AI Business School and any other relationship between the Provider and the User. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. As a specific exception to the foregoing, no update or change to this Agreement will affect the financial obligations owed by the User to the Provider, which will exclusively be governed under the version of this Agreement published when the order was placed. The Provider agrees that if it changes anything in this Agreement, Provider will change the “last modified date” at the top of this Agreement so that it is immediately obvious that Provider has updated the Agreement. The User agrees to periodically re-visit the websites, and to use the “refresh” button on his browser when doing so. The User agrees to note the date of the last revision to this Agreement. If the “last modified date” remains unchanged from the last time the User reviewed this Agreement, then the User may presume that nothing in the Agreement has been changed since the last time the User read it. If the “last modified date” has changed, then the User can be certain that something in the Agreement has been changed, and that the User needs to re-review it in order to determine how the User’s rights and responsibilities may have been affected by the revisions. In the event any court deems acceptance of a modification to this Agreement to be ineffective for any reason, the parties intend for the most recent, previously-accepted version of the Agreement to be enforced.
AI Business School offers services in the area of education by providing a broad range of educational programs, courses, learning modules and instruments as well as supporting activities. The education and learning services of AI Business School include online programs and courses, webinars, classroom courses, physical workshops, interactive project work (individual as well as group / team projects), project reviews, mentoring by instructors, quizzes, reflection exercises, examinations, certifications and certificates, onsite visits and camps, conferences, career advice and mentoring, alumni services and further education related activities. Educational services are provided in either physical, online, and often blended form which means in a combined form. AI Business School also offers access to a virtual learning platform with a browser version as well as with mobile applications for Android and iOS devices (“the platforms”).
AI Business School reserves the right to discontinue or modify the services provided to the User, also without notice to the User. Provider is not liable for any modification or discontinuation of the services.
Intellectual Property related to the content and services provided by AI Business School
Except the content provided by Users, the content and products and services on the platforms of AI Business School as well as during its physical classroom activities, especially information, documents, products, courses, speeches, videos, quizzes, reflection exercises, cases and projects, certificates, brands, logos, graphics, sounds, graphical user interfaces, software and services has been developed either by AI Business School or a provider, developer, or other partner acting on behalf of AI Business School. The underlying intellectual property rights remain at any time exclusive and full property of AI Business School. The content and the components of the platform may not be reproduced, distributed, reverse-engineered, decompiled, disassembled in whole or in part, be copied or imitated, and it is prohibited to affect the display of the pages or the services in general.
The name of the Provider, logos and other elements are protected by law. In particular, “AI Business School” respective its derivatives are registered trademarks by the Provider. All other trademarks and logos used on the platforms are trademarks or logos of their respective owners.
The User may not decompile or extract the source code of the underlying elements on the Provider’s websites (the tools, methods, processes, and infrastructure) or that of any other software on the platforms of AI Business School.
The User is entitled to use the website and all services contained therein personally in accordance with these terms and conditions.
Any commercial distribution of the products, content and services is prohibited. AI Business School is entitled to withdraw the User’s right of use at any time without giving reasons, without the User being able to claim compensation, if there is any suspicion of a violation of legal provisions or of provisions of this Agreement. In legal terms, the license granted by the Provider to the User is a revocable, worldwide, non-exclusive license to access the serviced provided by AI Business School, to display and to use the products, services and content in accordance with this Agreement, at the User’s location solely as necessary to participate in the courses and other services. All other use of the products, services and content needs and explicit written permission of AI Business School in each particular case. Any use shall not be considered as an assignment of any intellectual property rights. In particular, all content may not be published or distributed.
The Provider has no influence on and is not responsible for the content of external websites that are accessible through links on the website of AI Business School. The respective provider or operator of the external/linked pages is always responsible for its content. The linked websites were checked at the time of linking for possible legal violations. Illegal contents were not apparent at that time. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, the Provider will remove the links.
AI Business School is not responsible or liable for any transactions conducted by the User with third parties through the links.
Registration and Access
For certain services, The User must establish a user account (“Account”) with the Provider, which requires specific registration, identification, and payment information, in the discretion of the Provider. The User warrants and represents that all information provided in connection with registration for an Account is true and correct. The User is permitted to create only one Account, and transfer or sale of the same is prohibited. Registration for an Account may be denied, suspended, or revoked by the Provider at any time, in the Provider’s discretion, if the User fails to meet or comply with the Provider’s guidelines, quality assurance evaluation, anti-fraud policies, or customer authentication efforts. Users who have been rejected, suspended, denied, or banned from establishing an Account shall not attempt to register another Account using the same or different registration information. Any such circumvention efforts shall be deemed to be fraudulent and unlawful.
The User shall be responsible for all uses and/or activities conducted through the User’s Account, whether or not authorized by the User.
Furthermore, the User assures that he/she will never enter a false e-mail address or other contact info or otherwise impersonate another person in the course of use. In this sense, the User is also responsible for ensuring that he alone uses the services and not a third party who may have the User’s access data. The User must therefore also ensure that he uses a password that complies with the usual security standards for online traffic, and he will also change it regularly to exclude the risk of unauthorised access.
The User agrees to immediately notify AI Business School of any unauthorized access or use of the User’s Account. The Provider disclaims any and all liability resulting from fraudulent access and/or use of the website via the User’s Account.
Orders and Payment
Some of the content and/or information that is or that will be conveyed through AI Business School is distributed free of charge. However, depending on the subscription or purchased plan, content selected and/or for acquiring any additional features, there’s a fee associated. The User can pay to such schedule of charges by using the following payment options:
– direct credit card payment on the website through the e-commerce
– bank transfer
The credit card details of the User will be encrypted using SSL technology. Each transaction is authorized online with the respective third-party payment provider. On the credit card statement, purchases are apparent under AI Business School AG. The Provider does not store the User’s credit card number. The User confirms to comply with the terms of the payment provider partner.
The presentation of services on the websites of AI Business School is not a legally binding offer, but only provides a non-binding online catalogue. If the User only adds products to the shopping cart, this is not considered as a binding order. A binding order only takes place after the User clicks the “I agree” button in the cart page.
By clicking “I agree” and providing his payment information, the User gives the authorization to charge his credit card or other payment account in the amount indicated for the value of the services or products requested, according to the schedule of charges at the time the services are provided.
All payments made are non-cancellable and non-refundable. The User is responsible for paying all fees with using the services of Provider, including all applicable taxes.
The User can request a refund within 2 days from the date of the payment. The User can not get a refund if there was already more than 20% progress on the purchased Program or Course. Progress % is presented automatically by the platform for each Program the User purchased and is calculated as the number of Activities (ex. Video, Practice Question, Reflection Question, Summary Sheet, etc) the User progressed through (whether time was spent on the Activity or not) to the total number of activities in the Program. Cancellation is allowed if User purchased the same Program or Course in a different language and did not exceed more than 20% progress.
User agrees to pay all applicable taxes and indemnifies and holds AI Business School harmless against all claims by any tax authorities for any underpayment of these taxes, and any related interests or penalties that might occur.
AI Business School may provide online forums or other ways which enable the User to upload content, such as posts, audio and video content.
The User is solely responsible for any content submitted to AI Business School by the User and all provisions of this Agreement shall apply to such content. The User accepts that all such traffic on the websites of AI Business School may be monitored and stored.
The User agrees always to provide true information about him, and not to violate any law, guidelines and provision of this Agreement. In particular, the User will not set up multiple accounts, sell accounts or portions of the services provided by AI Business School. The User will not encourage other users to violate any rights.
AI Business School does not tolerate distribution of illegal content. This applies in particular, but not conclusively, to provisions of copyright, personal rights, trademark, criminal, youth protection, data protection and competition law. Content that violates applicable law, is obscene, harassing, defamatory, hateful, abusive, or is suspected of violating applicable law will be deleted immediately upon detection and the User’s account may be blocked.
The User guarantees any content uploaded is free of viruses, trojans or other programs that could endanger or impair the functionality or the existence of the platform of the Provider or of third parties, and the User will not disclose any information that is or might be confidential.
The User indemnifies the Provider from claims of third parties which are raised as a result of or in connection with the upload of own content and these provisions and in connection with the use of services of AI Business School in general against the Provider, his employees, vicarious agents, companies, partners and representatives, including any legal costs.
Notification of Copyright Infringement
If the User discovers presumed copyright or other legal infringements within the services, these can be reported to the following contact of the Provider:
Via e-mail: firstname.lastname@example.org
Via mail: AI Business School AG, Copyright Agent, Kantonsstrasse 56, 8807 Freienbach, Switzerland.
Notification of Copyright Infringement
Such notification shall include:
Your address, e-mail-adress, phone number and electronic or physical signature;
identification of the works which may be an infringement of rights;
an indication of the good belief that the use of the referenced works are not authorized by the rights owner;
a declaration, under penalty of perjury, that this notice is true and correct and that you are the copyright owner or entitled representative of the copyright owner.
AI Business School is not accepting unsolicited bug reports, ideas, concepts and suggestions for improvement of the services. Nevertheless, if any user feedback arrives at AI Business School, it is considered a voluntary expression of opinion without any right to acknowledgement and remuneration. All intellectual property will automatically become the property of AI Business School, and AI Business School may use it unrestricted in time, content and territory, and AI Business School shall not be bound to keep such submissions confidential.
AI Business School may, in its sole discretion, deactivate the accounts of the User or terminate the User’s use of the services provided by AI Business School, without limitation, if AI Business School believes that the User has violated the terms and conditions, or violated the intellectual property rights of AI Business School or of any third party; or posted, uploaded or transmitted any unauthorized content on the services; or violated or acted inconsistently with other applicable terms or laws. The termination of the User’s access to the services may be effected without notice and AI Business School shall not be liable to the User or to any third party for any termination of the user account or the User’s access to online programs, courses or other services provided by AI Business School.
Disclaimer / Limitation of Liabilities
Disclaimer: The User expressly agrees that User’s use of the services provided by AI Business School is at User’s sole and exclusive risk. The services are provided on an “as is, with all faults” and “as available” basis. AI Business School expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, quality and non-infringement, to the maximum extent provided by law. AI Business School makes no warranty that the services will meet User’s requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does AI Business School make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services. User understands and agrees that any use it makes of any material or otherwise obtained through the use of the services is at User’s own discretion and risk, and that User will be solely responsible for any damage that results from the service. Furthermore, User also agrees that any information located anywhere on the network of the Provider solely reflects the opinions of the authors. User hereby agrees that any reliance on such information is solely User’s decision and User further agrees to waive any claims of liability that may arise from User’s decision to follow any advice that may be contained in any information.
Limitation of liabilities: User understands and agrees that to the maximum extent permitted by applicable law, in no event shall AI Business School be liable for any damages whatsoever to User or to any person or entity claiming rights (including, without limitation, damages for loss of business profits, business interruption, loss of business information, and other special, exemplary, punitive, indirect, incidental or consequential damages or any other pecuniary loss) related to, based upon, or arising out of this agreement, the services provided by AI Business School, reliance on the content posted on the Provider’s network. User acknowledges that the foregoing sentences reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement, that such voluntary risk allocation was a material part of the bargain between the parties, and that the economic or other terms of this agreement are in reliance on such voluntary risk allocation. In any case, the Provider’s entire liability under any provision of this agreement in the aggregate shall be limited in the aggregate to a total of no more than the yearly amount the User paid to the Provider in relation to the services provided by AI Business School.
For avoidance of doubt, to the extent an indemnification or release is provided in favor of or for the benefit of the Provider, such indemnification or release shall extend to the Provider’s agents, affiliates, employees, officers, directors, shareholders, attorneys, vendors, contractors, predecessors, successors and assigns.
Provider’s Role as Online Service Provider
The operation of services of the Provider may be affected by technical circumstances beyond the Provider’s control. The Provider strives to keep any downtime as short as possible and to take care that all services are continuously available. However, there is no legal claim to a permanent accessibility and up time. Claims for damages arising from the use of or inability to use or restricted use of the platform are expressly excluded.
The Provider declines all responsibility and liability for data security (especially, but not limited to transmission, confidentiality, integrity and availability) in connection with the transmission or other use of the data).
Relationship of User and Provider
The relationship between the Provider and the User under this Agreement is that of independent contractors and neither shall be, nor represent themselves to be, a partner, franchiser, franchisee, broker, employee, servant, agent, or representative of the other for any purpose whatsoever.
The User understands that any access to the products and services of AI Business School may be prohibited from certain territories. If the User chooses to access the products and services, the User acknowledges that he/she does so on own initiative and at own risk, and that such behaviour is in compliance with all applicable laws and regulations.
If the terms and conditions contain contradictions or gaps, it is on the basis of purpose, meaning and spirit as well as the principle of good faith and mutual interests of the parties that
it will be determined which scheme appears to be adequate. Should any provision be or become invalid, this shall not affect the validity of the remaining provisions.
The User is not entitled to assign its rights and obligations under this Agreement to a third party.
Applicable Law and Jurisdiction
This agreement is subject to Swiss law, excluding its conflict of law regulations of private international law. The exclusive Place of Jurisdiction shall be at the domicile of AI Business School.